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Home My WebLink AboutAG RPTS 2003 0702 CC REGResolution No. 2003 -2106 Ordinance No. 295 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 2, 2003 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: A. City of Moorpark 20th Anniversary Presentation. AT THIS POINT IN THE MEETING, THE COUNCIL WILL RECESS FOR A RECEPTION. 5. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED) 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 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 July 2, 2003 Page 2 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: A. Consider Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South Side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes. (Continued from June 18, 2003, public hearing open) Staff Recommendation: 1) Accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003- approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to VTTM No. 5133 subject to Conditions of Approval. (Staff: Barry Hogan) B. Consider Conditional Use Permit (CUP) No. 2003 -04, a Request to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the Application of Moorpark Country Club (Toll Brothers, Inc.) . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 - conditionally approving CUP No. 2003 -04. (Staff: Barry Hogan) C. Consider Minor Modification No. 5 to Resolution 96- 1197 (General Plan Amendment (GPA) No. 94 -01, Residential Planned Development Permit (RPD) No. 94- 01, Conditional Use Permit (CUP) No. 94 -01 and Vesting Tentative Tract Map (VTTM) No. 4928), Generally Between Grimes Canyon Road and Walnut Canyon Road Adjacent to Championship Drive, on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Approve revisions to the Design Guidelines per the staff report; and 3) Adopt Resolution No. 2003- approving Minor Modification No. 5 to Resolution 96 -1197 (GPA No. 94 -01, RPD No. 94 -011 CUP No. 94 -01, and VTTM No. 4928) subject to Conditions of Approval. (Staff: Barry Hogan) Regular City Council Meeting Agenda July 2, 2003 Page 3 9. PRESENTATION /ACTION /DISCUSSION: A. Consider the Proposals for Geographic Information Systems (GIS) to Provide Computer Based Mapping and Data. (Continued from June 4, 2003) Staff Recommendation: Accept the proposal from Geographic Data and Management Solutions (GDMS) in the amount of $25,713.69 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. (Staff: Cynthia Borchard) B. Consider Proposed Priority Processing of General Plan Amendment Pre- Screening Applications Nos. 2003 -02 and 2003 -03, Zone Changes, Residential Planned Developments and Tentative Tract Maps, Development Agreement and Other Related Entitlement Applications for the Husted and Mazur Properties on the Application of Toll Brothers. Staff Recommendation: Remove the Toll Brothers applications, both Husted and Mazur, from the General Plan Amendment Pre - Screening process and authorize processing of the General Plan Amendments and zone changes and related entitlements consistent with staff report. (Staff: Barry Hogan) C. Consider Approval of an In -House City Engineer Position. Staff Recommendation: Approve City Engineer position and authorize City Manager to proceed with recruitment and selection process. (Staff: Steven Kueny) D. Consider Award of Contract for Construction Management Services for the Police Services Center Project to Rollins Consulting, Inc. in the Amount of $430,000. Staff Recommendation: Authorize the award of a contract to Rollins Consulting, Inc. in the amount of $430,000 and approve the Agreement for Professional Services subject to final language approval by the City Manager. (Staff: Hugh Riley) Regular City Council Meeting Agenda July 2, 2003 Page 4 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Special Meetin February 27, 2002. Consider Approval of Minutes of Regular Meeting of July 17, 2002. Consider Approval of Minutes of Regular Meeting of September 4, 2002. Consider Approval of Minutes of Regular Meeting of September 18, 2002. Consider Approval of Minutes of Regular Meeting of April 16, 2003. Consider Approval of Minutes of Special Meeting of Ma 17, 2003. Consider Approval of Minutes of Regular Meeting of May 21, 2003. Consider Approval of Minutes of Regular Meeting of June 4, 2003. Consider Approval of Minutes of Special Meeting of June 18, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - July 2, 2003. Manual Warrants 113135 - 113136 & $ 37,662.79 Voided Warrant $ 0.00 Payroll Liability 113130 - 113134 $ 2,590.17 Warrants Regular Warrants 113137 - 113258 & $ 373,260.63 Staff Recommendation: Approve the warrant register. Regular City Council Meeting Agenda July 2, 2003 Page 5 10. CONSENT CALENDAR: (continued) C. Consider First Amendment to Regulatory Agreement for Vintage Crest Senior Apartments, L.P. Modifying Legal Description of the Project Site. Staff Recommendation: Approve the subject Amendment and authorize the City Manager to sign the Amendment, subject to final language approval by the City Manager and the City Attorney. (Staff: Hugh Riley) D. Consider Agreement with Calleguas Municipal Water District Pertaining to Certain Improvements Required for the Widening of Los Angeles Avenue at Shasta Avenue. Staff Recommendation: 1) Approve a project for the City to undertake the Los Angeles Avenue improvements described in the staff report, with all costs to be reimbursed by the developer of Tract 5053; 2) Authorize the City Manager to execute a Reimbursement Agreement with Pacific Communities for the reimbursement of City costs for the above described work, subject to final language approval by the City Manager and City Attorney; and 3) Approve the subject Agreement with Calleguas, subject to final language approval by the City Manager and the City Attorney. (Staff: Kenneth Gilbert) E. Consider Notice of Completion for the 2002 Curb Ramp Project. Staff Recommendation: Accept the work as complete. (Staff: Kenneth Gilbert) F. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2002- 2041. Staff Recommendation: Adopt Resolution No. 2003- (Staff: Deborah Traffenstedt) G. Consider Rejection of Claim: Elaine Michaels. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda July 2, 2003 Page 6 10. CONSENT CALENDAR: (continued) H. Consider Approval of an Early Grading Permit for Final Map Phases 2 and 3 of Tentative Tract Map No. 5161, Located at the Southwest Corner of Gisler Road and Poindexter Avenue, on the Application of Cabrillo Economic Development Corporation. Staff Recommendation: Authorize the City Manager to approve an Early Grading Agreement for Phases 2 and 3 of Tract No. 5161. (Staff: Barry Hogan) I. Consider Use of California Law Enforcement Equipment Program (CLEEP) Grant for 2003/04 Fiscal Year. Staff Recommendation: 1) Approve CLEEP expenditure plan; and 2) Adopt Resolution No. 2003- amending the 2003/2004 operating budget to appropriate CLEEP funds. ROLL CALL VOTE REQUIRED (Staff: Kim Chudoba) 11. ORDINANCES: A. Consider Ordinance No. 294, An Ordinance of the Cit 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 (CalPERS). Staff Recommendation: Declare Ordinance No. 294 read for the second time and adopted as read. 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH 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 July 2, 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). ITEM Z.A. r dG03 _Qd�ete�G ,P1.�o A/o. doo3 -aio6 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo �. Prepared By: Joseph F. Fiss, Principal Pla e DATE: June 19, 2003 (CC Meeting of 7/02/03) SUBJECT: Consider Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes (APN 506 -0- 020 -45, 51, 475 and 500) BACKGROUND The applicant, at the Council's June 18, 2003 meeting, requested that this item be continued to the July 2, 2003 meeting. Although the applicant had requested continuance, a public hearing had been advertised and there were people who wished to speak. Six people spoke, five residents from the Fremont Street area and one resident from the Regal Park Condominium project. DISCUSSION The Fremont Street residents raised issues relative to grading, drainage, block walls, and noise. The Regal Park resident raised the issue of the property line block wall and its adjacency to the existing garage wall which is off -set one -foot from the property line. While other issues of future development were raised, those issues do not have a bearing on this application and would be analyzed as part of that future development application. Staff has reviewed the concerns raised by the area residents and has added conditions to cover those concerns. With respect to grading and soil compaction, standard grading procedures will be S: \Communi *_y Development \DEV PMTS \R P D \1998 -01_ Shea \Minor Mod 3 \030702 cc agenda report.docp,/'4��,f'k " O1 4 "' V `.A -.J -_y V -16. Honorable City Council July 2, 2003 Page 2 followed. In the soil compaction process, compaction is achieved through the use of a "sheep's foot." This device is rolled across the excavated soil to achieve compaction. Pounding equipment is not used to achieve compaction. The applicant would be responsible for ensuring that the proposed development does not cause a drainage problem on Fremont Street or on the individual lots. A six -foot high decorative masonry wall will be constructed along the coterminous boundary of the project and the Fremont Street properties. The block wall will provide privacy as well as noise attenuation. With respect to the installation of the property line wall along the western boundary adjacent to Regal Park, a condition has been added to alleviate the concern with trash accumulation behind the garages. Staff also met with the applicant to refine the conditions of approval and to clarify the conditions relative to construction and the floodplain. Staff and the developer agree that it is within the authority of the City, under the current Federal Insurance Rate Map (FIRM) map for the area and in accordance with the Federal Emergency Management Agency (FEMA) regulations that a grading permit can be issued for the entire project, building permits can be issued for dwelling units which are out of the currently identified floodplain, and building permits can be issued for those dwelling units which are in the 100 year floodplain, so long as the developer has a FEMA signed conditional letter of map revision (CLOMR). It is staff's belief that the City and the developer are now in agreement relative to the proposed conditions of approval included as part of the attached resolution. Condition 39 of Resolution No. 99 -1666, adopted as part of the approval of the project, requires City Council approval of an Affordable Housing Implementation and Resale Restriction Plan (Plan) prior to the recordation of the first Final Map for the project. It also requires execution of an Affordable Housing Agreement that incorporates the Plan prior to the occupancy of the first residential unit of the project. These documents will need to address the reduction in the total number of units for Tract 5133 as it affects the payment of the in -lieu fees and sureties to guarantee the provision of the seven affordable units mentioned in the condition. (i,�- ✓`a'�rcr Honorable City Council July 2, 2003 Page 3 Findings: The requested modifications are not extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the mitigated negative declaration previously approved for the permit. Therefore, the findings of RPD No. 1998 -01, VTTM No. 5133 as made in Resolution No. 99 -1666, and those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed. All previous Conditions of Approval would remain in full force and effect except as modified by this approval. 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: Date Application Deemed Complete: May 29, 2003 City Council Action Deadline for VTTM: July 17, 2003 City Council Action Deadline for RPD: July 31, 2003 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration was previously prepared for this development project. This Modification is consistent with the Mitigated Negative Declaration and no further environmental documentation is necessary. Honorable City Council July 2, 2003 Page 4 STAFF RECObMNDATIONS 1. Accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2003- approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to Conditions of Approval. Attachments: 1. June 18, 2003, Report to City Council (Without Draft Resolution) 2. Draft Resolution No. 2003- MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Joseph F. Fiss, Principal Pla e DATE: June 2, 2003 (CC Meeting of 6/18/03) SUBJECT: Consider Minor Modification 3 to Residential Planned Development Permit (RPD) No. 98 -01 and Minor Modification 3 to Vesting Tentative Tract Map (VTTM) No. 5133, Located on the South side of Los Angeles Avenue West of Fremont Street, on the Application of Shea Homes (APN 506 -0- 020 -45, 51, 475 and 500) BACKGROUND Residential Planned Development (RPD) No. 98 -01 and Vesting Tentative Tract Map (VTTM) No. 5133, on the south side of Los Angeles Avenue, west of Fremont. Street, were originally approved by the City Council on October 6, 1999, for seventy -nine (79) two -story condominium dwelling units on three (3) condominium lots within a 10.37 acre parcel. The project was designed for small, individual condominium "lots" with detached single family dwelling units, including private front and rear yards. A Homeowner's Association maintained clubhouse, pool, and tot lot were also included. The project is accessed from Los Angeles Avenue via a public street that extends southerly to the easterly extension of Majestic Court. The majority of the units take access from private interior drives. An application for Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to VTTM No. 5133 was submitted on February 5, 2003. Those applications include proposed changes to street widths and alignment, plot plan, fencing, entry monumentation and architecture. Two thirds of this project lies within the Federal Emergency Management Agency (FEMA) 100 year floodplain. As a result any development in the 100 year floodplain must not increase the CC ATTACHMENT 1 S: \Community Development \DEV PMTS \R P D \1998 -01 Shea \Minor Mod 3 \cc agenda report.MM3.doc . v %Y J 4 Honorable City Council June 18, 2003 Page 2 water level more than one foot above the 100 year water level. FEMA is currently in the final stages of completion to revise the Federal Insurance Rate Maps (FIRM) which allow properties to obtain flood insurance. This property could be negatively affected, if FEMA identifies that more of the land is likely to be flooded in a 100 year storm. What all this means is that Shea Homes grading plan and ultimate development could be negatively impacted. Any grading plan which the City approves will have to conform to the FIRM maps in effect at the time of grading permit issuance, as well as any building permit. DISCUSSION This modification comes to the Council as a joint effort of City staff and the developer. The end result, if approved, will create a "win /win" situation for the City and the developer. The City will get a much better designed project, a traffic signal and four way intersection on Los Angeles Avenue, a housing product which will appear less dense, and substantial additional on -site parking. The developer will get a product which will be easier to sell and will have more value. Proposed Project The applicant has requested several modifications to the approved project: • Align the Northerlv Entrance with Millard Street • Allow 32 -foot and 26 -foot Wide Private Streets • Relocate the Recreation Area • Amend the Unit Design and Architecture to Allow Duplex Style Units with 18 -foot Deep Driveways • Relocate the Southern Tract Boundary South to the Arro c;, ; • Allow a 46 -foot Wide Right -of -Way for Majestic Court • Modify the Entry Monumentation and Fence /Wall Plan Staff has studied the applicants proposed modifications and offers the following comments: Honorable City Council June 18, 2003 Page 3 Alian the Northerlv Entrance with Millard Street: The original project was approved with its main access from Los Angeles Avenue located adjacent to the western boundary of the site. This location was chosen because it coincides with several non - buildable easements, including one in favor of the Ventura County for access to the Arroyo Simi. The applicant, in conjunction with staff, determined that the community would be better served if the main access from Los Angeles Avenue were realigned eastward, as a southerly extension of Millard Street. This would allow for signalization of the intersection with Los Angeles Avenue, providing a safer and more efficient entry /exit to this neighborhood and the neighborhood to the north. The realignment of the entry could result in an overall loss of five units. However, with other proposed design modifications the resulting net loss would be two units. This issue is addressed further in the Analysis section below. Allow 32 -foot and 26 -foot Wide Private Streets: In order to maintain the same lot sizes and to minimize the reduction in number of units, the applicant has proposed reducing the private streets to a width of thirty -two (32) feet. Though not specifically requested in the application, one private street is shown on the proposed site plan and tentative map with a width of twenty -six (26) feet ( "C" Drive per Attachment 4). This street provides access to units from only one side of the street. Staff and the applicant have reviewed the proposed widths with the Fire Department. The Fire Department is satisfied with the street widths from a safety perspective, provided that parking is restricted to one side of the street for the 32 -foot wide streets, and no parking on both sides for the 26 -foot street. The Fire Department has further required that fire sprinklers be provided in every unit within the tract. Each unit is also provided with a two -car garage, meeting the criteria for enclosed parking for units in a multi- family project. This proposed design also provides for 18 -foot deep driveways., not part of the original design. The on- street parking will be classified as guest parking as required by the parking ordinance. Relocate the Recreation Area: Relocation of the project entrance results in a potential loss of five (5) units for the project. In order to reduce the number of units lost, the applicant has proposed to eliminate Honorable City Council June 18, 2003 Page 4 the recreation area from this project and build a larger recreation area offsite, on a proposed project to the east. This proposal would regain three (3) of the units lost as a result of the entry realignment. Applications for the proposed project to the east (TTM No. 5425, RPD No. 2003 -02) were filed on March 14, 2003, but have been determined incomplete. Those applications propose the same housing type at the same density as the subject project. If the proposed project is approved, the developer would market both projects as one development. Staff has concerns with the relocation of the recreation area prior to approval of the other project. Staff's concerns are further addressed in the Analysis section below. Amend the Unit Design and Architecture to Allow Duplex Style Units with 18 -foot Deep Driveways: The approved site plan for this project includes individual detached units with minimal front setbacks. The front setbacks do not currently allow for driveway parking. A "duplex" product has been proposed that will provide the same square footage within the homes and provide a useable eighteen -foot (18') long driveway. Although the site plan currently indicates a few front setbacks of slightly less than eighteen feet (18'), a condition has been added that requires a minimum eighteen -foot (18') front yard setback. The proposed units are designed to look similar to a large single family home from the street. By providing a variety of floor plans and elevations, the appearance of "back - to- back" duplex units is avoided. Each unit is proposed with a small front yard to be maintained by the homeowners association. Five -foot (5') side yards and fifteen -foot (15') rear yards are proposed. Although the site plan currently indicates a few side yard setbacks of slightly less than five feet (5') and rear yard setbacks of slightly less that fifteen feet (15'), a condition has been added that requires minimum setbacks of five feet (5') and fifteen feet (15') respectively. Relocate the Southern Tract Boundary South to the Arroyo Simi (Reduction of Required Dedication to Ventura County Watershed Protection District): This project is required to provide a dedication of land for wetlands mitigation adjacent the Arroyo Simi. In order to mitigate the loss of dwelling units, the applicant has proposed to reduce the required dedication by shifting the developed area of the tract southerly. This results in a slight reduction of wetlands mitigation area and a slight increase of developable Honorable City Council June 18, 2003 Page 5 area. This proposal has been accepted by the Ventura County Watershed Protection District, provided all other conditions of approval are still met. Allow a 46 -foot Wide Right -of -Way for Majestic Court: In addition to the above measures to maintain the same lot sizes and to minimize the reduction in number of units, the applicant has proposed reducing Majestic Court (a public street) to a right -of -way width of forty -six feet (46') (36 feet curb to curb). The existing right -of -way for Majestic Court, west of this property is fifty -three feet (53') (40 feet curb to curb). Staff and the applicant have reviewed the proposed width of Majestic Court, along with the width of the interior streets, with the Fire Department. The Fire Department is satisfied with the 36 -foot curb -to -curb width from a safety perspective, provided that parking is restricted to one side of the street. Community Development Department staff does not support a curb to curb width that is narrower than that existing on Majestic Court. This issue is discussed further in the Analysis section below. Modify the Entry Monumentation and Fence /Wall Plan: As a result of relocating the project entry and reworking the "theme," modifications are proposed for the entry monumentation and fence /wall plan. The proposed changes to the entry monumentation are fairly minor, and include relocation to the new project entrance and adding the project name "Canterbury Lane ". Although the prior noise study identified a need for a ten -foot (10') high block wall along the Los Angeles Avenue frontage, a more recent study by Impact Sciences has concluded that a seven - foot (7') high wall would provide the necessary attenuation of roadway noise, resulting in exterior noise levels of 64.7 CNEL at the closest residential area, slightly lower than the minimum code requirement of 65 CNEL. Staff supports a reduction in height to no less than eight feet (8'), with the final design and height to be approved by the Community Development Director based on the ultimate pad elevations. A condition of approval has also been added to assure sensitive siting of the dwelling units adjacent to Los Angeles Avenue. Other perimeter walls will be consistent with those previously approved. Honorable City Council June 18, 2003 Page 6 In addition to the above specific modification requests, a condition has been added that allows the City Manager to approve an Early Grading Agreement for the project. Although Early Grading Agreements are normally only permitted with projects, in this case, the overall benefit of the project modifications warrants consideration of an Early Grading Agreement. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for City Council consideration: • Signalization of Los Angeles Avenue and Millard Street Intersection • Reduction of Street Widths • Relocation of Recreation Area • Distribution of Enhanced Landscaping Signalization of Los Angeles Avenue and Millard Street Intersection: As noted above, the applicant, in conjunction with staff, has determined that the community would be better served if the main access from Los Angeles Avenue were aligned with Millard Street. This would allow for Signalization of this intersection, making for a safer and more efficient entry /exit to this neighborhood and the neighborhood to the north. The applicant will be required, as a condition of approval, to provide for the full signalization of this intersection. The overall public benefit of providing a safe, signalized intersection on Los Angeles Avenue mitigates certain concessions that the applicant is requesting, subject to conditions of approval. Reduction of Street Widths: Planning and Fire Department staff has reviewed the request for reduction of interior street widths and for reduction in the width of Majestic Court resulting from the realignment of the front entry. Narrower streets can be favorable because they create a sense of intimacy within a neighborhood and traffic has a tendency to go slower than on wider streets. In this case, the narrow streets in effect become long driveways because they Honorable City Council June 18, 2003 Page 7 do not end in a cul -de -sac or hammer -head type turn around, nor do they connect to other streets. The Fire Department is satisfied that if fire sprinklers are provided in all of the units and parking is restricted to one side of the street, except for the 26' foot wide private street, having no on- street parking, that public safety issues will be met. Since these private streets are of limited length it is not likely that there will be much public traffic on these streets. As mentioned above, Community Development Department staff does not support a curb to curb width that is narrower than that existing on Majestic Court. A forty foot (40') curb to curb width will result in an additional four feet (4') of width that can be accommodated in the tract. This may be accomplished by a slight reduction of side and rear yard areas and shifting of dwelling units through out the tract. In fact, it appears that the necessary four feet (41) might be accommodated within the portion of the tract that is south of Majestic Court, without sacrificing any reduction in the minimum five foot (51) minimum side yard. The 40 -foot curb to curb width exists west of this tract to Moorpark Avenue. Majestic Court is to serve as the only collector south of Los Angeles Avenue east of Moorpark Avenue. It would serve the Archstone Apartments, this project, as well as the adjacent proposed project. Narrowing the width for this portion of the reach of Majestic Court, or for further portions would impede smooth traffic flow and circulation and is not appropriate. Relocation of Recreation Area: In order to minimize the number of units lost, and maintain the same lot size, the applicant has proposed to relocate the recreation area off -site, to the proposed adjacent project. The proposed location is in the vicinity of the existing Coptic Church site, currently under a contract of sale with Shea Homes. Staff has evaluated this request and concluded that it would be better handled as a future permit adjustment, approved by the Community Development Director, since there is no guarantee on what may ultimately be approved on the adjacent site. In order to ensure that this project is not constructed without a recreation area staff has added a condition which would require the issue of the recreation area be resolved on or before the issuance of a building permit for the 40th dwelling unit. A condition of approval has been added that requires the recreation area to be shown on the approved plans, in the vicinity of lots 46, 47 and 48. Precise siting of the G Honorable City Council June 18, 2003 Page 8 recreation area will be subject to approval of the Community Development Director. Findings: The requested modifications are not extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the mitigated negative declaration previously approved for the permit. Therefore, the findings of RPD No. 1998 -01, VTTM No. 5133 as made in Resolution No. 99 -1666, and those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed. All previous Conditions of Approval would remain in full force and effect except as modified by this approval. 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: Date Application Deemed Complete: May 29, 2003 City Council Action Deadline for VTTM: July 17, 2003 City Council Action Deadline for RPD: July 31, 2003 ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration was previously prepared for this development project. This Modification is consistent with the Mitigated Negative Declaration and no further environmental documentation is necessary. Aer`i'0 i1�"'y n ' ✓L.Nia Mir Honorable City Council June 18, 2003 Page 9 STAFF RECOWIENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2003- approving Minor Modification No. 3 to RPD No. 98 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to Conditions of Approval. Attachments: 1. Draft Resolution No. 2003- 2. Location Map 3. Site Plan 4. Vesting Tentative Tract Map 5. Elevations 6. Floor Plans Elio A�OYO 11 HIGH ST. IL_ d a C7 a� O O a a a NEW LOS ANGELES AVE RJR ENGINEERING GROUP Planning- Civil Engineering Geotechnical Engineering -Geology 4243 Telegraph Road. 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CANTEaB URY MOORPARK , CA - - SHEA HOMES ,nw,wr- 0 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 3 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1998 -01 AND MINOR MODIFICATION NO. 3 TO VESTING TENTATIVE MAP NO. 5133 AND REVISION TO RESOLUTION NO. 99 -1666, LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, WEST OF FREMONT STREET AND ON THE NORTH SIDE OF THE ARROYO SIMI, ON THE APPLICATION OF SHEA HOMES, LLC. (ASSESSOR PARCEL NOS. 506 -0- 020 -45, 51, 475 and 500) WHEREAS, at duly noticed public hearings on June 18, 2003 and July 2, the City Council considered Minor Modification No. 3 to Residential Planned Development Permit (RPD) No. 1998 -01 and Minor Modification No. 3 to Vesting Tentative Tract Map (VTTM) No. 5133, for modification to street widths and alignment, site plan, fencing, entry monumentation, unit type, and architecture on a site located on the south side of Los Angeles Avenue, west of Fremont Street and on the north side of the Arroyo Simi (Assessor Parcel Nos. 506 -0- 020 -45 and 51); and WHEREAS, at its meetings of June 18, 2003 and July 2, 2003, the City Council conducted a public hearing, received public testimony, and on July 2, 2003, closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that Minor Modification No. 3 to the Residential Planned Development No. 1998 -01 and Minor Modification No. 3 to the Vesting Tentative Map No. 5133 as conditioned are consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration has been previously prepared and adopted for this development project. This Modification is consistent with that Mitigated Negative Declaration and no further environmental documentation is necessary. SECTION 3. The findings of RPD No. 1998 -01, Vesting Tentative Map No. 5133 as made in Resolution No. 99 -1666, and CC ATTACHMENT 2 ` V ..,,,/ ✓ 1.r iv.S Resolution No. 2003 - Page 2 those findings made in Minor Modification Nos. 1 and 2 are hereby reaffirmed and included by reference. The requested modifications have been determined by the City Council not to be extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, and therefore, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the previous approvals. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 3 to Residential Planned Development Permit No. 1998 -01 and Minor Modification No. 3 to Vesting Tentative Map No. 5133 subject to the following Special Conditions of Approval: 1. All conditions of Residential Planned Development Permit No. 1998 -01 and Vesting Tentative Map No. 5133 and all subsequent modifications shall remain binding and in full force, except as modified by the conditions contained in this resolution. 2. Modification No. 3 to Residential Planned Development Permit No. 1998 -01 and Modification No. 3 Vesting Tentative Map No. 5133 are approved per the submitted site plan and tentative map as modified by the conditions contained in this resolution. 3. Parking is restricted to one side of the street for "A," % %D," "E," and `NF" Drives and Majestic Court between the street identified as Westcott Court (approval of all street names shall follow the City's process) and the easterly project boundary. "No Stopping" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 4. No parking or stopping is permitted on "C" Drive. "No Stopping" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 5. Vehicular access shall be prohibited to and from Los Angeles Avenue until such time as full improvements including, but not limited to curb, gutter, sidewalk, paving, street lights, and landscaping, are installed, accepted and ready for use on Los Angeles Avenue as referenced by the conditions of approval. The traffic signal shall also be installed, accepted and operational. Access to the first twenty -four (24) Resolution No. 2003 - Page 3 dwelling units shall be from Majestic Court. For more than twenty -four (24) dwelling units the applicant shall provide two (2) means of vehicular access to the satisfaction of the Fire Department, City Engineer and the Community Development Director. 6. The applicant shall pay one -third (1/3) the cost of construction, design, permitting and inspection, up to a maximum of $60,000, of the traffic signal at Millard Street /Los Angeles Avenue. The applicant, subject to the approval of the City Manager, may design, construct and fund the full cost of the signal installation. If the applicant installs the signal the City shall enter into a reimbursement agreement with the applicant to allow recovery of all costs greater than $60,000. The form and content of the reimbursement agreement shall be to the satisfaction of the City Manager and the City Attorney. 7. For the ultimate development of the project, the recreation area shall be shown on the approved plans, in the vicinity of lots 46, 47 and 48. Precise siting of the recreation area will be subject to approval of the Community Development Director. In the event that there are only twenty -four (24) dwelling units constructed, the applicant shall provide a recreation area immediately south and adjacent to the twenty -four (24) dwelling units. The precise design and location shall be to the satisfaction of the Community Development Director. The applicant shall bond for the cost of construction of the recreation area. 8. Prior to the issuance of a building permit for the 415L dwelling the applicant shall provide proof to the satisfaction of the Community Development Director, that a sufficient on- or off -site recreation area will be provided as part of the completion of RPD No. 1998- 01. Approval of an off -site recreation area shall only occur after approval of the General Plan Amendment, Zone Change, Residential Planned Development and Tentative Map for the adjacent property. 9. Any future improvements to the individual pads shall follow the City's RPD (residential planned development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 10. There shall be no development allowed in the front yards of the individual pads. This includes, but is Resolution No. 2003 - Page 4 not limited to, fences, lighting, pilasters and fountains. 11. The City Council authorizes the City Manager to approve an Early Grading Permit. Prior to issuance of an Early Grading Permit, the applicant shall provide bonding, in an amount satisfactory to the City Engineer to guarantee the restoration of the site to its pre - graded condition as well as all subdivision improvement requirements of the tract. Grading and improvement for the ultimate right -of -way of Los Angeles Avenue shall occur concurrently with grading and improvement of the site No public access from Los Angeles Avenue shall be permitted until full improvements have been completed and accepted by the City Engineer and the California Department of Transportation. 12. If the first twenty -four (24) dwelling units, located at the north end of the project site, are outside of the FEMA identified 100 -year floodplain, building permits may be issued, subject to compliance with other conditions of approval. 13. Prior to the occupancy of the first dwelling unit the applicant shall provide surety, in an amount acceptable to the City Manager, for the provision of all affordable housing units required by this resolution and resolution 99 -1666. 14. A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer prior to the issuance of any building permit in the FEMA identified 100 -year floodplain. 15. As part of the improvement plans the applicant shall show standard curb and gutter with a public service easement provided within the private drives. 16. The front setback for each unit shall not be less than eighteen (18') feet. 17. The rear setback for each unit shall not be less than thirteen (13') feet. 18. There shall be no less than three (3') feet of clearance between block walls and allowable interior protrusions. 19. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height, with the final design and height to be approved by the Community D n d'l .4" "'r" 'i'/ O.✓4J0i Resolution No. 2003 - Page 5 Development Director, subject to ultimate pad elevations. 20. The siting of the dwelling units adjacent to Los Angeles Avenue shall be subject to the approval of the Community Development Director. 21. Majestic Court shall be designed with forty (40') foot curb to curb width. The total right -of -way design shall be subject to the approval of the Community Development Director and the City Engineer. 22. A fence /wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Interior walls shall be a minimum height of 6 -feet from the highest finished grade. 23. A solid decorative block wall, a minimum of 6 -feet in height from the highest finished grade, shall be installed along the eastern boundary of the site. The final design, including wall heights, retaining walls and sound walls, shall be subject to approval by the Community Development Director. 24. The applicant shall install a 6 -foot high decorative block wall along the western boundary of the site. The wall shall be constructed in such a manner that there shall not be an open area between the adjacent garages and the wall. Removal of the existing wall shall require prior written permission from the Regal Park Homeowners Association and for any construction over the property line. 25. Prior to or concurrently with the recordation of the Final Map the applicant shall irrevocably offer to dedicate a 25 -foot wide vehicular access from the southerly extension of Millard Street to the easterly property line. The precise design and location shall be to the satisfaction of the Community Development Director and the City Engineer. 26. The drainage plan for the project shall be designed to continue to accept the surface drainage from the properties to the east. The precise design of the drainage system shall be subject to approval of the City Engineer and Community Development Director. 27. Prior to the close of sale of each dwelling unit the applicant shall provide a written acknowledgement statement to the buyer indicating that the buyer is aware that the dwelling unit is either in the FEMA Resolution No. 2003 - Page 6 identified 100 -year floodplain or may be in it in the future. Additionally, the acknowledgement shall indicate that the buyer acknowledges that if the dwelling is in the FEMA identified 100 -year floodplain that the buyer acknowledges that flood insurance will be required. 28. Prior to the approval of a Final Map, if the applicant has not received a CLOMR from FEMA for the entire site, the applicant shall add a non - mapping data sheet to the map set showing the extent of inundation and shall place a prominent note on the map indicating that no construction may occur on lots within the floodplain until a CLOMR has been issued eliminating the lots from the floodplain. 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 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: ueboran 5. 'l,rattenstectt, City Clerk ITEM 8• B • . t ACT` MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council From: Barry Hogan, Community Development Director Prepared by: David A. Bobardt, Planning Manager (j Date: June 19, 2003 (CC Meeting of 07/02/03) Subject: Consider Conditional Use Permit No. 2003 -04, a Request to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the Application of Moorpark Country Club (Toll Brothers, Inc.) BACKGROUND On November 22, 2002, the Community Development Director approved an Administrative Permit for beer and wine to be served at the Moorpark Country Club Golf Course and Clubhouse. The Clubhouse is not open yet, but is expected to open by Labor Day this year. At the present time, the Country Club is requesting a Conditional Use Permit to also sell alcoholic beverages in addition to beer and wine. DISCUSSION Project Setting Existing Site Conditions: The clubhouse, currently under construction, will include a full - service restaurant with outdoor dining, a banquet hall, a bar, a wedding garden with a gazebo, and a service yard. The golf course surrounds the clubhouse on three sides. Previous Applications: Administrative Permit No. 2002 -34 was approved on November 22, 2002, by the Community Development Director to allow the on -site sale and consumption of beer and wine. \ \mor _pri_sery \City Share \Community Development \DEV PMTS \C U P \2CO3 \04 Moorpark CC (Toll) \CC� 03C702 stf rpt.doc�� Honorable City Council July 2, 2003 Meeting Page No. 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Clubhouse and Site Open Space 2 Open Space Golf Course - - -- ------- --.... ------------- - - - - -- County: Open --------- - - - - -- ._. —_. _ County Open ------------- .._—__ -------- —_ __. Agricultural and North Space and Ag Space and Ag rural residential Open Space 2 Open Space Open space and South and Rural and Rural rural residential Low Resid. Exclusive ----- .. - - - -- - -- . - -- —._.. - - -- -- - - - - - -- Medium Low ------ - - - - - - -. - - - - -- - -- Residential - — -- ._.. - - - - -- - - - - -- _ Residences and East Residential planned vacant land Development Medium L_ o w Residential Residences a-- nd West Residential planned vacant land Development General Plan and Zoninq Consistencv: The OS -2 land use designation in the General Plan is intended to identify permanent open space areas which function to preserve visual resources and natural areas, buffer communities, and provide relief from noise and crowding of urban development. The golf course is consistent with this designation. Golf courses and related facilities are a conditionally- permitted use in the OS Zone. ANALYSIS Issues Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for City Council consideration in their review of the Conditional Use Permit Application. This Conditional Use Permit would expand the approval for beer and wine under the existing Administrative Permit to allow the sale for on -site consumption of other alcoholic beverages. No floor plan modifications are proposed as part of this Conditional Use Permit. The same conditions applied to the Administrative Permit would apply to the Conditional Use Permit. Senior Deputy Ed Tumbleson of the Police Department has indicated that with these conditions, the Police Department would have no further concerns. The applicant is concurrently processing an application with the California Alcoholic Beverage Control Board for full alcohol service. . \j t_j Honorable City Council July 2, 2003 Meeting Page No. 3 Findings A. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course, a use consistent with the General Plan and Zoning. B. The Conditional Use Permit is compatible with the character of surrounding development in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. D. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. E. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. F. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. G. The use will serve a public convenience in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. I. The requested use at the proposed location will not adversely affect the economic welfare of the community; and J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on a�0�Xl� —, �..j .X 4-1 a Honorable City Council July 2, 2003 Meeting Page No. 4 surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. 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: Date Application Deemed Complete: June 13, 2003 City Council Action Deadline: August 12, 2003 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. 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 rl3' `✓ i/ �s' 6J Honorable City Council July 2, 2003 Meeting Page No. 5 adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2003- conditionally approving Conditional Use Permit No. 2003 -04. Attachments: 1. Site Plan 2. Floor Plan 3. Draft City Council Resolution with Findings and Conditions of Approval o ra COLE COURSE , WO V 46 , A q V L jr CLU11HOUSE ADDRE 5 4 CC ATTACHMENT 1 GENERAL NOTES Moorpark Golf Clubhous i i600 Championship Drive Moorpark. California 93021 11- loiwr Toll Brothers SITE PIAN Ile- SPLO W" - & %OV 2'� PARKING SCMMARY -5. 2�3 338 CC ATTACHMENT 1 GENERAL NOTES Moorpark Golf Clubhous i i600 Championship Drive Moorpark. California 93021 11- loiwr Toll Brothers SITE PIAN Ile- SPLO W" - & %OV 2'� _ A5 _. • - �� , I u ,� -�•, � ,.��. � Asa « A I 503 ry ; 4. `d 6' S 4q �; i U<J CYO «.• �, . a. GL'JB FURNiTJRE FLAN J Yuen j i"•` —L 1--' CsJ 0-1 {' x r ��iri ill URN Ill T`j 11Fr U 'F: Ov U� g 00 .03.2002 Cap 2202 u fUifITUIE PLAN d ID7.0 c; LL A'1'TAC;tiMENT 1 °,;:� F' RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003 -04, TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICE AT THE MOORPARK COUNTRY CLUB GOLF COURSE AND CLUBHOUSE, 11800 CHAMPIONSHIP DRIVE, ON THE APPLICATION OF TOLL BROTHERS, INC. ON BEHALF OF MOORPARK COUNTRY CLUB (APN 500- 0 -220- 010) WHEREAS, at a duly noticed public hearing on July 2, 2003, the City Council considered Conditional Use Permit (CUP) No. 2003 -04, to allow the sale and consumption of alcoholic beverages in conjunction with food service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the application of Toll Brothers, Inc. on behalf of Moorpark Country Club (APN 500 -0- 220 -010); and WHEREAS, at its meeting of July 2, 2003, the City Council conducted a public hearing, received public testimony, and closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA , pursuant to Section 15301 as a Class (1) exemption for the continuing use of existing facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course, a use consistent with the General Plan and Zoning. B. The Conditional Use Permit is compatible with the character of surrounding development in that the sale of alcoholic CC ATTACHMENT 3 Resolution No. 2003 - Page 2 beverages for on -site consumption is an ancillary use to the Golf Course. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. D. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. E. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. F. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. G. The use will serve a public convenience in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. I. The requested use at the proposed location will not adversely affect the economic welfare of the community; and J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 2. CITY COUNCIL APPROVAL: The City Council approves Conditional Use Permit No. 2003 -04 subject to the special and standard conditions of approval in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. RECISION OF ADMINISTRATIVE PERMIT: Administrative Permit No. 2002 -34 is hereby rescinded. S: \Community Development \DEV PMTS \C U P \2003 \09 Moorpark CC (Toll) \CC Reso 2003 -.doc 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 2nd day of July 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \CC Reso 2003 -.doc � O',N {� r 4 Resolution No. 2003 - Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2003 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2003 -04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 2. All necessary permits shall be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 3. Approval of a Zoning Clearance shall be required prior to the issuance of building permits. All other permit and fee requirements must be met. 4. At least ninety (90) days prior to the commencement of any scheduled event where fifty (50) or more people are planned or expected, the applicant shall secure a temporary use permit with the community development department. As part of the Conditions of Approval, the City shall require a minimum of two (2) security guards for any event. Additional security guards based upon one guard for each 50 people shall be required. Traffic control and other measures to assure that the event does not disrupt the neighborhood and surrounding area may also be required depending upon the scope and size of the event. Temporary use permits shall not be required for special events held by the City of Moorpark or Moorpark based non - profit groups. 5. Approval of this conditional use permit is contingent upon the continued operation of at least an 18 -hole golf course. Cessation of the golf use will terminate the approval of alcoholic sales. 6. Entertainment, separately, or in conjunction with this use shall require approval of a conditional use permit. Entertainment shall include those venues for which an admission fee is charged or not, and shall include but not be limited to live music, comedy review, stage shows, movies, satellite or pay per view TV or other uses determined to be entertainment by the Community Development Director. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \CC Reso 2003 -.doc r- Resolution No. 2003 - Page 5 7. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the restaurant, including fifteen (150) percent overhead on any such services. 8. There shall be no alcohol service at the conclusion of events. 9. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 10. All exterior areas of the site, including parking areas under use by the restaurant, shall be maintained free of litter and debris at all times. 11. Conditional Use Permit No. 2003 -04 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 12. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 13. Sales, service or consumption of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 12:00 midnight each day of the week for events in and around the Clubhouse. For events on the golf course, such as golf tournaments and golf related games sales, service or consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and dusk. 14. The facility shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 15. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (TO11) \CC Reso 2003 -.doc Resolution No. 2003 - Page 6 16. The manager or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed on any property adjacent to the restaurant. The owner /manager shall not permit any loitering on the property adjacent to the restaurant. 17. There shall be no advertising of any kind or type, including directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 18. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 19. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within 15 days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \CC Reso 2003 -.doc lzor) , ,f 1,41, It �� MOORPARK CITY COUNCIL AGENDA REPORT ITEM 8'' CIO A( BY: TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss, Principal Pla e DATE: June 19, 2003 (CC Meeting of 7/02/03) SUBJECT: Consider Minor Modification No. 5 to Resolution 96- 1197 (General Plan Amendment (GPA) 94 -01, Residential Planned Development Permit (RPD) No. 94 -01, Conditional Use Permit (CUP) No. 94 -01 and Vesting Tentative Tract Map (VTTM) No. 4928), Generally between Grimes Canyon Road and Walnut Canyon Road adjacent to Championship Drive, on the Application of Toll Brothers, Inc. BACKGROUND /DISCUSSION General Plan Amendment (GPA) No. 94 -01, Residential Planned Development (RPD) No. 94 -01, Conditional Use Permit (CUP) No. 94 -01 and Vesting Tentative Tract Map (VTTM) No. 4928, were originally approved by the City Council on April 17, 1996. At the time of approval of the Vesting Tentative Map, the Residential Planned Development Permit and Conditional Use Permit for the golf course for the project, there were expectations that certain improvements would be completed subject to specific timing and performance requirements. Due to the timing of other improvements, these performance requirements were not met. There are several conditions which involve improvements and time specific completion of those improvements that will need to be modified through a Minor Modification process. The conditions, in no particular order of priority, involve the following: S: \Community Development \DEV PMTS \R P D \1994 -01 ^oll \Minor Mod 5 RPD 94 -01 \cc agenda report .MM5. doc 0 01"', ra 0`j 3 Honorable City Council July 2, 2003 Page 2 • Adoption of a Resolution regarding enforcement of the California Vehicle Code and the Moorpark Municipal Code on private streets in the development. • Revisions and approval of the CC &R's to comply with the changes approved by City Council for Phase 1. • Submittal and approval of a Community Sign Program and landscape plans and the installation of landscaping for Phase 1. • Approved and operational Landscape Maintenance District for all areas proposed to be maintained by the public. • Fencing and wall plans for individual lots, as well as, boundary (range) fencing. • Improvements to Walnut Canyon Road intersection with Championship Drive. • Improvements to Grimes Canyon Road intersection with Highway 118. • Improvements to Grimes Canyon Road intersection with Championship Drive. These conditions are manifested within the approved project as various conditions of approval of the Development Agreement, a Settlement Agreement, Residential Planned Development, Conditional Use Permit, Vesting Tentative Tract Map, and the subsequent Minor Modifications. At the August 21, 2002 City Council meeting, the Council directed Staff to work with the developer to amend the Settlement Agreement and process Minor Modifications to amend those certain conditions currently tied to occupancy. Staff has worked closely with the applicant on the Second Amendment to the Settlement Agreement. This amendment was approved by the City Council on May 16, 2003. Amendment of the conditions is required to bring the discretionary approvals and the Settlement Agreement into conformance. A table of the original and proposed conditions is included as Attachment 1. Recently, the applicant and staff have identified minor design concerns that have been included in this application. Said Honorable City Council July 2, 2003 Page 3 design concerns affect the approved Design Guidelines and can be handled within the Minor Modification, but are typically handled through the Permit Adjustment process. The modifications relate specifically to front yard improvements and to accessory structures. The proposed modifications to the Design Guidelines are included as Attachment 2. The proposed modifications to the Design Guidelines are consistent with the intent of the original guidelines. A condition of approval has been added to allow the Community Development Director discretion to handle future minor design changes by Permit Adjustment, with the understanding that changes to the Design Guidelines that would require a change to the conditions of approval would be handled through the Modification process. Findings: The requested modifications are not extensive enough to be considered a substantial or fundamental change in land use relative to the General Plan Amendment, Residential Planned Development Permit, Conditional Use Permit or Tentative Tract Map, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the Environmental Impact Report previously approved for the permit. Therefore, the findings of RPD No. 1994 -01, VTTM No. 4928 as made in Resolution No. 96 -1197, and those findings made in Minor Modification Nos. 1, 3 and 4 are hereby reaffirmed. All previous Conditions of Approval would remain in full force and effect except as modified by this approval. 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: D rVO f'' '..� ✓ �.. �., Fit Honorable City Council July 2, 2003 Page 4 Date Application Deemed Complete: June 6, 2003 City Council Action Deadline for VTTM: July 26, 2003 City Council Action Deadline for RPD and CUP: August 5, 2003 ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act an Environmental Impact Report was previously prepared for this development project. This Modification is consistent with the Environmental Impact Report and no further environmental documentation is necessary. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Approve revisions to the Design Guidelines per Attachment 2. 3. Adopt Resolution No. 2003- approving Minor Modification No. 5 to Resolution 96 -1197 (GPA No. 94 -01, RPD No. 94 -01, CUP No. 94 -01, and VTTM No. 4928) subject to Conditions of Approval. Attachments: 1. Proposed Amendments to Architectural Design Guidelines 2. Draft Resolution No. 2003- a ,!�, fa J, r° .a C� 0 COUNTRY CLUB ESTATES AT MOORPARK ARCHITECTURAL DESIGN GUIDELINES Dated October 16, 2001 July 2, 2003 Revision II, C, 8. GUIDELINES FOR GUEST HOUSES, ACCESSORY BUILDINGS, AND ADDITIONAL ARCHITECTURAL ELEMENTS a) Detached Garages, Outbuildings, Pavilions, and Other Structures: For those lots capable of supporting detached structures, such as garages, studios, pool houses, and guest living quarters no more than one free - standing accessory structure is permitted. Free standing garden trellises and open gazebos are excluded from this prevision, but require specific City & HOA approval. The architectural character of detached structures shall be consistent with that of the main structure planned for the lot while not being a miniature replica of the main structure. These structures must be carefully sited to integrate into the design of the site and must all be within the buildable pad area. Detached buildings, where allowed, are limited in height to 15'0 ". Any accessory building element that is attached to the main structure may conform to the same height limit that is applied to the main structure and conform to required setbacks, with the exception of patio covers. CC ATTACHMENT 1 Page 1 of 2 C CJ COUNTRY CLUB ESTATES AT MOORPARK ARCHITECTURAL DESIGN GUIDELINES Dated October 16, 2001 July 2, 2003 Revision II, C, 14. WALLS AND FENCING PRIVACY WALLS Use of rural fencing and landscaping is encouraged rather than privacy walls. Privacy walls proposed for any building site shall be included upon the plot plan for each development site and shall be reviewed on a case -by -case basis. Walls shall be required to screen trash areas, pool equipment and mechanical equipment. Walls shall integrate with the design of the residence. All walls, except perimeter walls that are within the front yard setback for a house may not be greater than 36" in height excluding a decorative light fixture (not to exceed 18" in additional height). Walls shall not be placed immediately adjacent to sidewalks. Maximum height of privacy walls shall be 610 ". Taller privacy walls for special design forms may be considered if greater site setbacks are provided. Privacy walls shall be split face concrete block, slumpstone or other masonry materials consistent with approved building and /or tract finishes and colors and must be approved by the Community Development Department. Side yard walls may start at the front of the home and shall not extend more than 20' past the rear of the house. Walls should be a neutral color; however, low height retaining walls or accent walls for patios or courtyards are encouraged to use similar materials used as accent materials on the house. Walls visible from the golf course, streets or other public areas shall have a decorative cap and shall be similar in theme to the master community entry. Landscaping shall be used to soften the appearance of the wall. Page 2 of 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 5 TO RESOLUTION NO. 96 -1197 (GENERAL PLAN AMENDMENT NO. 1994 -01, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1994 -01, CONDITIONAL USE PERMIT NO. 1994 -01 AND VESTING TENTATIVE MAP NO. 4928), LOCATED GENERALLY BETWEEN GRIMES CANYON ROAD AND WALNUT CANYON ROAD ADJACENT TO CHAMPIONSHIP DRIVE, ON THE APPLICATION OF TOLL BROS., INC. WHEREAS, at a duly noticed public hearing on July 2, 2003, the City Council considered Minor Modification No. 5 To Resolution No. 96 -1197 (General Plan Amendment No. 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994 -01 and Vesting Tentative Map No. 4928), located generally between Grimes Canyon Road and Walnut Canyon Road adjacent to Championship Drive; and WHEREAS, at its meeting of July 2, 2003, the City Council conducted a public hearing, received public testimony, and closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The City Council does hereby find that Minor Modification No. 5 to Resolution No. 96- 1197 (General Plan Amendment No. 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994- 01 and Vesting Tentative Map No. 4928) as conditioned is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: Pursuant to the California Environmental Quality Act an Environmental Impact Report has been previously prepared and adopted for this development project. This Modification is consistent with that Environmental Impact Report and no further environmental documentation is necessary. SECTION 3. FINDINGS: The findings of General Plan Amendment 1994 -01, Residential Planned Development Permit No. 1994 -01, Conditional Use Permit No. 1994 -01 and Vesting Tentative Map No. 4928 as made in Resolution No. 96 -1197, and those findings made in Minor Modification Nos. 1, 3 and 4 are hereby reaffirmed and CC ATTACHMENT 2 Resolution No. 2003 - Page 2 included by reference. The requested modifications have been determined by the City Council not to be extensive enough to be considered a substantial or fundamental change in land use relative to the Residential Planned Development Permit or Tentative Tract Map, and therefore, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the previous approvals. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 5 to Residential Planned Development Permit No. 1994 -01 and Minor Modification No. 5 to Vesting Tentative Map No. 4928 subject to the following special conditions of approval: 1. All conditions of Residential Planned Development Permit No. 1994 -01 and Vesting Tentative Map No. 4928 and all subsequent modifications shall remain binding and in full force, except as modified by the conditions contained in this resolution. 2. Conditions VTM #20, RPD #18, CUP #24 are amended as follows: Prior to opening "C" Street to the public use, the Applicant /Developer shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 3. Condition VTM #23 is amended as follows: The draft CC &R's shall be submitted to the Community Developer Director and the City Attorney for review and approval prior to occupancy of the 95th dwelling unit, and the Subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. 4. Condition RPD #22 is amended as follows: Both the eastern and western "C" Street entrances to the proposed project shall provide residential, community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Community Development Director for review and approval prior to occupancy of the 95th dwelling unit. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch, entry road design. Trees shall be spaced at equal intervals or clustered, as approved by the Community Development Director. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically Resolution No. 2003 - Page 3 used in ranch settings for entryways including pepper, eucalyptus and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Community Development Director shall review and approve all gateway, streetscapes, and street tree planting programs for the project, and all such landscaping for each approved phase shall be installed, prior to the first occupancy for that phase, except Phases 1 & 2 (4928 -1 & 2). 5. Conditions RPD #29, VTM #47, CUP #44, MM1 #7 are amended as follows: Prior to the recordation of Phase 3, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Maintenance Areas and Common Maintenance Areas for the Tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans and applicable City policies, plans and ordinances, and shall be submitted to the Community Development Director for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation and final inspection. The landscaping for the Maintenance Areas and Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval, prior to the first occupancy in each phase, except Phases 1 & 2 (4928 -1 & 2) . The landscaping for "C" Street from Grimes Canyon Road to the clubhouse is required to be installed no later than ninety (90) days after the clubhouse occupancy. The landscaping for "C" Street through Phase 3 (4928 -3) (from the Clubhouse to Walnut Canyon Drive) shall be installed and receive final inspection and approval, prior to the first residential occupancy within Phase 3 (4928 -3) . 6. Conditions VTM #55, RPD #34, RPD #35, MMl #8 are amended as follows: A Fencing and Wall Plan is required to be submitted for the Community Development Director's approval, prior to approval of the Phase 3 (4928 -3) of the Final Vesting Map. The Fencing and Wall Plan shall include the type, height, and location of all fencing and /or walls to be installed, along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Fencing or walls for each phase shall be installed prior to the first residential occupancy in each phase. Fencing for the golf course shall be installed prior to occupancy of the clubhouse and /or initiation of play on the third 9 holes of the golf course. Fencing adjacent to agricultural zoned property shall be a minimum of six (6) feet in height, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Resolution No. 2003 - Page 4 Director may approve high - quality chain link fencing, or wire range fencing adjacent to agricultural properties, in locations where such fencing would not be visible from the public right -of -way or the adjacent residential pads. No fencing is required in inaccessible areas either due to topography or vegetation as determined by the Director of Community Development. In all other perimeter locations, not adjacent to agricultural zoned property, either wrought iron fencing (tubular steel), a block wall, or a combination shall be provided, as determined by the Community Development Director in the Perimeter Fencing and Wall Plan. 7. Conditions VTM #136, RPD #59, CUP #101 are amended as follows: Prior to July 31, 2003, the Subdivider shall improve Walnut Canyon Road as specified in these conditions. In the event this improvement is not approved by Caltrans for use by the public by July 31, 2003, the Subdivider shall not request, and City shall not issue, more than 95 residential building permits until such Caltrans approval is obtained and the improvements are open to use by the public. 8. Conditions VTM #142, RPD #63, CUP #105 are amended as follows: Prior to May 1, 2006, The Subdivider agrees to construct improvements at the intersection of Grimes Canyon Road and State Route 118 (Los Angeles Avenue) hereinafter referred to as Intersection. The Intersection improvements shall be consistent with the requirements of Caltrans, County of Ventura (County), California Public Utilities Commission (PUC), Union Pacific Railroad (UPR), Southern California Regional Rail Authority, and Ventura County Transportation Commission (collectively Metrolink) and the City. The Intersection improvements, hereinafter Improvements, shall consist of the following, subject to final approval of the above - referenced entities: A. Intersection traffic signal including interconnection with the railroad crossing signals and a signal on the north side of the railroad crossing with preemption circuits, including any modification to the concrete crossing, rail crossing arms, and any other rail safety devises as may be required by UPR, PUC, or Metrolink; B. Two twelve foot (121) wide travel lanes and two eight foot (81) wide paved shoulders on Grimes Canyon Road from approximately three hundred (300) feet north of the railroad crossing to Los Angeles Avenue including modifying the elevation of the road on the north side; C. Improvement of Los Angeles Avenue for a distance of approximately seven hundred twenty (720) feet east of the Intersection and approximately six hundred twenty Resolution No. 2003 - Page 5 (620) feet west of the Intersection. The additional improvements to the east are to include an approximately six hundred (600) foot deceleration / right turn lane westbound, and twelve (12) foot median at the Intersection tapering to zero, an eight (8) foot paved shoulder on the south side. The additional improvements to the west of the Intersection are to include an approximate five hundred (500) foot deceleration / left turn lane. 9. Conditions VTM #143, RPD #62, CUP #106 are amended as follows: The Subdivider shall complete the improvement of Grimes Canyon Road in conformance with Ventura County Permit No. 02 -713E2 within one hundred eighty (180) calendar days of City obtaining the real property needed for said improvement. The Subdivider shall provide City with legal descriptions for all properties to be acquired by City by April 30, 2003, including temporary construction easements and permanent slope easements. City shall verify the legal description and return to The Subdivider for any corrections by May 31, 2003. If legal descriptions are not approved by City by May 31, 2003, then one calendar day shall be subtracted from the Required Date, referenced above, for each calendar day beginning June 1, 2003, and for each succeeding calendar day until City approves said legal descriptions (e.g. If said legal descriptions are not approved until June 10, 2003, then The Subdivider would have one hundred seventy (170) days from City's acquisition of the properties to complete the improvement of Grimes Canyon Road required by this condition. The Subdivider agrees to pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (150) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. City shall negotiate for the acquisition of the properties. If such negotiations prove unsuccessful, City shall promptly begin the procedures required by law to consider filing condemnation proceedings for the purpose of acquiring properties. Subject to all negotiation and notice requirements imposed by law, City shall schedule a hearing to consider adoption of a Resolution of Necessity for acquisition of the properties by Eminent Domain. City shall file condemnation proceedings for the purpose of acquiring the properties if and when it: 1) has complied with all applicable laws; 2) has been able to make the findings necessary for a Resolution of Necessary under the Eminent �f'-A 4• 4T E�? '✓ ti! 1-Y .i V Resolution No. 2003 - Page 6 Domain Law; and 3) elects, in its sole and exclusive discretion following receipt and consideration of all facts presented at the hearing, to adopt such Resolution. Within ninety (90) calendar days of acquisition of all required properties, City shall provide an invoice to the Subdivider listing all costs and return any portion of the Subdivider deposit not expended by City for this purpose. The Subdivider agrees to reimburse City within thirty (30) calendar days of receipt of the accounting for any costs in excess of the Subdivider's deposits for this purpose. The Subdivider also agrees that it shall be obligated to reimburse City for all such costs, even if the City is ultimately unsuccessful in acquiring title to the properties through judgment or otherwise. In the event the improvements required by this condition are not open for use by the public and approval by County of Ventura Public Works Department and City are not obtained, the Subdivider shall not request and City shall not issue any additional residential building permits until such approvals are obtained and the improvements are open for use by the public. City agrees to acquire the properties within nine (9) months of City approval of said legal descriptions. In the event City does not achieve this date for acquisition, then one day shall be added to the Required Date for each calendar day said acquisition is delayed past nine (9) months of City's approval of said legal descriptions (e.g. If said legal descriptions are approved on May 31, 2003, but the City's acquisition of properties does not occur until April 30, 2004, then the Subdivider would have two hundred and forty -one (241) days to complete the improvement of Grimes Canyon Road required by this condition). 10. Condition MM1 #10 is amended as follows: Prior to April 15, 2003, the applicant shall prepare and submit for approval by the Community Development Director, a master equestrian trail design consistent with City Public Works Department approved plans of May 2003. The plan shall show the dedicated alignment, improvements and equestrian crossing /safety features where trail crossings occur with public or private streets. Each trail segment shall be constructed for the full length of the development phase in which the trail is incorporated. The equestrian staging facilities shall be constructed and shall be connected to a dedicated and improved trail within Development Phase One. The design of the trail and surfacing and fencing, etc., shall be approved by the Community Development Director. The trail shall be accommodated within an expanded parkway rU' `✓ :J `.i ate Resolution No. 2003 - Page 7 providing not less than thirty (301) feet from the back edge of the curb to the right -of -way line along the south side of "C" Street. The design and alignment of the equestrian trail shall be coordinated with the design and alignment of the sidewalk to create a streetscape which incorporates topographic conditions that resemble a naturally occurring topographic setting, shall be free flow and serpentine or meandering, may cross one another, and shall be designed with a variable separation for the extent of the trail. The sidewalk and the equestrian trail shall also vary in their vertical alignment. 11. Condition MM1 #14 is amended as follows: Private recreation areas identified by the Minor Modification shall be subject to review and approval of the Community Development Director and the Community Services Director. Recreation equipment shall meet the standards required by the City for public park development. The Home Owners Association shall be responsible for the long term maintenance of the private facilities. The private recreation areas shall be installed prior to the issuance of the Certificate of Occupancy for building permit of the fiftieth (50th) dwelling unit in each development phase served. 12. Conditions VTM #137 is deleted: See Condition VTM #143 13. Condition VTM #133 is amended as follows: The improvements on Walnut Canyon Road shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane (south of the "C" street intersection) with 10 foot paved shoulders on each side consistent with Exhibit C of the approved Vesting Tentative Map No. 4928. The Subdivider agrees to construct improvements at the intersection of Grimes Canyon Road and State Route 118 (Los Angeles Avenue) hereinafter referred to as Intersection at its sole cost and expense no later than May 1, 2006. The Subdivider acknowledges that the Intersection improvements shall be consistent with the requirements of Caltrans, County of Ventura (County), California Public Utilities Commission (PUC), Union Pacific Railroad (UPR), Southern California Regional Rail Authority, and Ventura County Transportation Commission (collectively Metrolink) and City. The Intersection improvements, hereinafter Improvements, shall consist of the following, subject to final approval of the above - referenced entities: A. Intersection traffic signal including interconnection with the railroad crossing signals and a signal on the Resolution No. 2003 - Page 8 north side of the railroad crossing with preemption circuits, including any modification to the concrete crossing, rail crossing arms, and any other rail safety devises as may be required by UPR, PUC, or Metrolink; B. Two twelve foot (12') wide travel lanes and two eight foot (81) wide paved shoulders on Grimes Canyon Road from approximately three hundred (300) feet north of the railroad crossing to Los Angeles Avenue including modifying the elevation of the road on the north side; C. Improvement of Los Angeles Avenue for a distance of approximately seven hundred twenty (720) feet east of the Intersection and approximately six hundred twenty (620) feet west of the Intersection. The additional improvements to the east are to include an approximately six hundred (600) foot deceleration / right turn lane westbound, and twelve (12) foot median at the Intersection tapering to zero, a four (4) tapering to an eight (8) foot paved shoulder on the north side and an eight (8) foot paved shoulder on the south side. The additional improvements to the west of the Intersection are to include an approximate five hundred (500) foot deceleration / left turn lane. 14. Condition VTM #53 is deleted. 15. Conditions VTM #58, #149 and #150 are amended as follows: Street Lighting Standards: Street lighting standards shall be as specified per the approved mitigation monitoring program. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the street. However, right of ways at intersections, and significant curves in the roadway, shall provide brighter lighting complying with County and City intersection safety standards. 16. Condition VTM #148 is deleted: 17. Condition VTM #144 is amended as follows: Public Streets: "C" Street shall be constructed per Ventura Standard Plate B -4A modified to have a seventy -five (75) foot right of way and configured, consistent with the Circulation Element, to provide the following cross section: A. One (1) five -foot (51) meandering sidewalk located within the south side parkway; B. A twelve -foot (121) wide multi use trail (10' clearance) meandering within the thirty -foot (301) south side parkway; C. Two (2) eight -foot (8') bike lanes; n # "N Ch Resolution No. 2003 - Page 9 D. Two (2) twelve -foot (12') travel lanes; E. One (1) fourteen -foot (141) median at "C" Street intersections with Walnut Canyon Road & Grimes Canyon Road F. Left Turn Pocket at all Cross - streets (not including three -way stop at clubhouse entry drive) Areas exclusive of the five -foot (5') sidewalks and twelve - foot (121) multiuse trail shall be landscaped consistent with the landscaping conditions of approval. Graded slopes are permitted within the southern thirty -foot (30') wide parkway. Slopes descending down to sidewalks that are steeper than 4:1 will have a slough wall or "v" ditch installed at the toe adjacent to sidewalk. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A three -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel, or similar underbridge accessway, shall be constructed under the "C" Street, to enable connection of the 14th and the 15th holes for the west golf course and at the clubhouse entry drive. The tunnel shall be constructed to specifications approved by the City Engineer. Left turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left - turn pockets without decreasing other lane width or parkway requirements. 18. Future modifications to the Design Guidelines shall be approved by the Community Development Director through the Permit Adjustment process. Modifications which require a change to the conditions of approval shall be handled through the Modification process. 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 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ITEM q • A • oo.3 MOORPARK CITY COUNCIL,, AGENDA REPORT TO: Honorable City Council FROM: Cynthia L. Borchard, Administrative Services Director DATE: June 20, 2003 (CC Meeting of 7/02/03) 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 program would then display the parcel and the data attached to that parcel. In addition, the program could be accessible through the City's website and have the same capabilities. This matter was initially presented to the City Council on June 4, 2003, but was continued at the request of staff to allow for further refinement and evaluation of the proposals. DISCUSSION The RFP was sent to six companies that provide GIS services. Five proposals were received: Honorable City Council July 2, 2003 Page 2 • Digital Map Products (DMP) • Geographic Data and Management Solutions (GDMS) • MNS Engineering • Technology Associates International Corporation (TAIL) • Hassan Kasraie Staff reviewed each of the five proposals and chose to interview two companies - 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 $17,000 initially with an on -going cost the second and future years of $1,084 /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 which would be included in the monthly cost. Since the City would not own the software, this would be an on -going cost. Geographic Data & Management Solutions (GDMS): The total cost of the GDMS proposal is $25,713.69 initially with an on -going cost of $565 /month to host the system. If in future years the City decides to host the site, there would be no monthly cost. The system would be available to an unlimited number of users. The GDMS proposal includes software which is supported by ESRI, the software designer of the ARCView and ARCInfo GIS computer mapping systems and widely used in the industry. The City would own the software. Staff is recommending GDMS not only for long -term cost effectiveness but because of the ease of applications, quick performance and the fact the City would own the software. As you will see from the cost comparison on the next page, the City Honorable City Council July 2, 2003 Page 3 will save money with the GDMS proposal after the third year or even sooner if the City decides to host the site. 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 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. A five (5) year cost comparison is as follows: * Monthly Hosting Costs are guaranteed for three (3) years. City may elect to host site in which case there would be no on -going costs with the GDMS proposal. Funds in the amount of $16,000 are available within the FY 2003 /04 Information Systems Department budget for the purchase of the initial system. 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. The on -going costs are budgeted in the FY 2003/04 Information Systems budget. 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 $25,713.69 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. Geographic Data & Management Solutions Digital Map Products Initial System $25,713.69 $17,000.00 Recurring Costs *6,780.00 Included 1St Year 2n Year *6,780.00 *13,000.00 3r Year *6,780.00 *13,000.00 4t Year 6,780.00 13,000.00 5t Year 6,780.00 13,000.00 Total $59,613.691 $69,000.00 * Monthly Hosting Costs are guaranteed for three (3) years. City may elect to host site in which case there would be no on -going costs with the GDMS proposal. Funds in the amount of $16,000 are available within the FY 2003 /04 Information Systems Department budget for the purchase of the initial system. 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. The on -going costs are budgeted in the FY 2003/04 Information Systems budget. 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 $25,713.69 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. TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Barry K. Hogan, Community Development ITEM q - June 19, 2003 (CC Meeting of 07/02/03) Directo SUBJECT: Consider Proposed Priority Processing of General Plan Amendment Pre - Screening Applications Nos. 2003 -02 and 2003 -03, Zone Changes, Residential Planned Developments and Tentative Tract Maps, Development Agreement and Other Related Entitlement Applications for the Husted and Mazur Properties. (Toll Bros. Applicant) . BACKGROUND At the June 18, 2003, Affordable Housing /Community Development Committee meeting, Committee Members Mayor Hunter and Councilmember Mikos heard the request by Toll Brothers for priority processing of entitlement applications for the Husted property, located on the east side of Grimes Canyon Road, north of the intersection of Championship Drive and Grimes Canyon Road and entitlement applications for the Mazur property, located on the west side of Walnut Canyon Road, north of the intersection of Championship Drive and Walnut Canyon Road. Both of the requests are for property which is contiguous to the northern City limits as well as to the Moorpark Country Club Estates. DISCUSSION Toll Brothers has submitted two (2) applications for amendment of the Moorpark General Plan and Zoning on two (2) properties which are located immediately north of the Moorpark Country Club Estates, one (1) property on the east (Mazur) and one (1) property on the west ( Husted). In consideration of Toll Brothers desires to fast -track these two (2) applications, it is offering to pay the City a minimum of $75,000 in five (5) monthly payments of $15,000 each, to pay for the dedicated time Honorable City Council July 2, 2003 Page 2 of one (1) planner to work on their project. In the event that less than $75,000 is spent on the General Plan Amendment and zone change, the remainder shall be retained by the City. If additional funding is needed, the applicant will be required to deposit sufficient funds to cover the additional expense. This funding is to be used only for the processing of the General Plan Amendment and zone change. All deposits required for work on the environmental documentation, Development Agreement, Tentative Tract Map and Residential Planned Development Permit will need to be paid. Toll Brothers applications would be taken out of the normal General Plan Amendment process schedule restrictions. This request for fast - tracking and payment for a dedicated planner comes out of discussion with staff since staff was concern about the delay in anticipated development in fiscal 03/04 due to floodplain and other issues. These projects would allow staff time to be directed to a chargeable project. Both proposed General Plan Amendments and zone changes are a logical extension of the existing and contiguous Moorpark Country Club Estates, each proposed project would have their only vehicular access from Moorpark Country Club Estates and this would be a logical extension of development along the City's northwestern boundary. It would be staff's intent to have all entitlement applications processed as part of these two (2) General Plan Amendments and zone change requests. This would require amendments to the Residential Planned Development, a new Tract Map, an amendment to the Development Agreement, and accompanying environmental documentation. Toll Brothers would pay all processing costs for these applications. When this item was brought before the Affordable Housing /Community Development Committee on June 18, 2003, it felt that the applicant's proposal for fast - tracking had merit, as well as the applicant's offer to pay for fast - tracking. STAFF RECOMIMNDATION Remove the Toll Brothers applications, both Husted and Mazur, from the General Plan Amendment Pre - Screening process and authorize processing of the General Plan Amendments, zone changes and related entitlements consistent with this staff report. S: \Community Development \DEV PMTS \G P A \Pre- Screening \2003 \ -02 Toll- Mazur \Agenda Reports \cc agenda report format(recovered).doc Ufa "J MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager ITEM q • C - DATE: June 24, 2003 (CC Meeting of July 2, 2003) SUBJECT: Consider Approval of an In -house City Engineer Position BACKGROUND Since the City's incorporation, it has utilized the services of a private engineering consultant to serve as City Engineer and provide related engineering services. Two firms have provided this service to the City during that time. It has been a longstanding goal of the City to provide engineering services with City staff rather than contract staff if such could be demonstrated to be financially feasible. The City previously reviewed this topic twice in the late 1980's and concluded it wasn't feasible to either create a City Engineer position or assume the entire engineering function in- house. In 1990 and after conducting an Organization and Management Study that concluded the City needed to consolidate its public works maintenance and capital projects administration to remedy the then existing fragmented assignment of those activities, the City created a Public Works Director position. At that time, it was felt that hiring an in -house City Engineer with registration as a civil engineer (RCE) at additional cost was not warranted. The cost of such was especially important because the City did not have sufficient General Fund Revenue to supplement the gas tax funding available for the Public Works Director position. Revenues from development activities were only sufficient to support the contract engineering and building and safety services and in -house planning staff. City Council Agenda Report Re: Consider Approval of an In -house City Engineer Position Page 2 June 24, 2003 (CC Meeting of July 2, 2003) In the ensuing years, the current arrangement has worked well with many completed capital projects, a well maintained street system, and generally good engineering services. DISCUSSION A number of items have occurred necessitating that the City again revisit the issue of an in -house City Engineer position, as follows: 1. The current Public Works Director plans to retire in about 24 months; 2. The development approval and plan check and inspection processes have become even more complex as a result of such factors as N.P.D.E.S., drainage requirements, and build out of the City. The remaining properties are generally more challenging to develop. This has required more involvement of both the Public Works Director and the Community Development Director on several matters related to interpretation of codes and standards. Having a qualified City staff person as City Engineer would help address these more difficult and complex issues; and 3. There are increasing numbers and complexities of capital improvement projects. A list of currently identified projects is included as Attachment A. Since 1990, the City has employed a Public Works Director to manage capital projects, streets and related maintenance, and until recently, oversee the City Engineer contract. The responsibilities of the Public Works Director and department have grown with the growth and service needs of the City. The Director now manages a department of 8 full -time staff and about 6 part -time crossing guards. In addition to the numerous capital projects and street maintenance, the department is responsible for fleet maintenance, crossing guards, parking enforcement, parking citation processing, N.P.D.E.S., graffiti abatement, and assessment district formation and administration. The day -to -day demands are challenging. If this proposal is approved, both the Public Works Director and City Engineer would report to the City Manager and the City Engineer would add the Public Works Director title upon the current Director's retirement. �.. c/ .You► J City Council Agenda Report Re: Consider Approval of an In -house City Engineer Position Page 3 June 24, 2003 (CC Meeting of July 2, 2003) Benefits of In -House City Engineer The primary goal is not to save money but to continue to improve engineering services, enhance capital project management, and shorten construction project schedules. Once a person is hired, a transition plan would be developed to draw upon that person's strengths. There are several benefits to be gained by hiring an in -house City Engineer in advance of the planned retirement of the incumbent Public Works Director. As currently envisioned, the Public Works Director position would not be filled upon retirement of the incumbent. The City Engineer would assume responsibility for the Public Works Department upon the incumbent's retirement. The specific benefits are as follows: 1. Allow for a planned, orderly transition and orientation of the City Engineer. During the transition period, an evaluation of the public works functions and engineering contract can be performed to determine recommended organization and staffing. This would also include the potential transfer of certain activities in the Community Services Department such as transit to the Public Works Department. 2. Provide additional in -house support for management of capital improvement projects; and allow the Public Works Director to focus on projects that can be completed or substantially completed by the summer of 2005, and the City Engineer to focus on longer -term projects. 3. Relieve the Community Development Director of responsibility for managing the engineering contract. 4. Relieve the Community Development Director of responsibility to ensure appropriate level of engineering review of development proposals and preparation of conditions of approval. S. Retain engineering contract for development- related review, plan check, and inspection services, which also allows the level of services to expand /contract as demand for service fluctuates. 6. Improve oversight of engineering services by having qualified in -house staff, which allows for more timely resolution of any City Council Agenda Report Re: Consider Approval of an In -house City Engineer Position Page 4 June 24, 2003 (CC Meeting of July 2, 2003) disagreements with developers' engineers as well as better quality control on the services provided. 7. Does not require the use of additional gas tax funds or any Community Development funds for the City Engineer position for at least the first 18 months. 8. Allow initial priorities to be based on the skills and background of the person hired. 9. Provide for in -house support for Redevelopment Agency and park improvement projects. Position Requirements The primary minimum qualifications for the position are: 1. Bachelor's Degree in civil engineering or a related field. 2. Possession of a valid Certificate of Registration as a Professional Civil Engineer and /or Land Surveyor with the State of California. 3. Possession of a valid California Driver's License. 4. Six (6) years of responsible engineering experience including development review and capital project management with at least three (3) years' experience working for a public agency and at least two (2) years in a management /supervisory position. S. Proficiency in various job- related software applications. If the City Council approves this position, staff would begin the recruitment process. It is expected to take 4 to 6 months to complete the process. On August 20, 2003, staff will present a proposed Classification Plan modification to incorporate the City Engineer position description. Costs /Funding The annual cost for salary and benefits are estimated to be about $147,000 as follows: City Council Agenda Report Re: Consider Approval of an In -house City Engineer Position Page 5 June 24, 2003 (CC Meeting of July 2, 2003) Salary $115,700 Benefits $ 31,300 In addition, cell phone, car allowance, and operating costs such as office supplies, computer support, memberships and travel are estimated to be about $7,000. Initial starting costs for office furniture and computer purchases are estimated at $10,000. It's assumed that an office will be accommodated within current office space and existing public Works staff will support the City Engineer. For the first 18 months, it is proposed that the position be funded by a combination of General Fund Reserve, project related funds, including the Los Angeles Avenue AOC, Citywide Traffic Fund, Traffic Systems Management Fund, and $100,000 paid by Pacific Communities for processing of Los Angeles Avenue improvements. A proposed budget amendment with a specific funding recommendation for the 2003/04 FY will be presented to the Council on August 20, 2003. As previously stated, an analysis of the public works and engineering functions will be performed which will affect the ultimate funding of the City Engineer position. After retirement of the current Public Works Director, gas tax funding could be used to fund a significant portion of the City Engineer position. Use of gas tax prior to that time is not recommended since it would come at the expense of street maintenance expenditures. As with the Community Development Department, it is important for the City to improve its General Fund revenues so that such funding can be used for a portion of public works' and engineering costs in the future. At the present time, the City is not able to use a portion of its General Fund to supplement gas tax /TDA monies for either street maintenance or improvements projects. This will become even more critical as the City's street system ages and the requirements of GASB 34 necessitate that the City address long -term funding for replacement of its infrastructure. Development revenue related to engineering activities will ultimately decline as the City builds out. The City will always need to provide a basic level of engineering services regardless of the amount of annual revenue received for those services. It is proposed that the City Engineer position be placed at Salary Range 85 ($8,107 - $10,903 monthly) . This is five percent (5 %) City Council Agenda Report Re: Consider Approval of an In -house City Engineer Position Page 6 June 24, 2003 (CC Meeting of July 2, 2003) above the other department head positions and reflects the requirement for registration as a civil engineer. This salary range is also competitive with this position in similar organizations (Attachment B). One difference is that many cities have either or both water and sewer systems. However, Moorpark has a relatively large number of capital projects for its size, which is related to it being a developing community, along with the need to still spend significant time on development - related reviews including plan check and inspection of large residential projects. SUMMARY The short -term costs of about $250,000 for approximately 18 months of adding the City Engineer position are warranted by the additional support for capital improvement projects, enhanced management of the engineering services contract, and provision of an orderly transition for the planned retirement of the current Public Works Director. This action will improve the City's capabilities for managing its engineering services on a long -term basis. STAFF RECOMMENDATION Approve City Engineer position and authorize City Manager to proceed with recruitment and selection process. SK:db Attachments A & B S: \City Manager \Everyone \ccagenda \City Engineer Position 0702 2003.doc Attachment `A' Capital Improvement Projects Streets Slurry Seal (Bi- annual) Asphalt Overlay (Bi- annual) Corporation Yard Spring Road Widening Flinn Avenue Realignment Los Angeles Avenue [East] Widening Los Angeles Avenue Widening: Spring Road to Moorpark Avenue Los Angeles Avenue Widening: Beltramo Ranch Road to Maureen Lane Los Angeles Avenue Widening at Shasta Avenue [undertaken on behalf of Pacific Communities Builder, Inc. (Tract 5053) including the protection and /or relocation of a Calleguas Municipal Water District water main.] Underground Utility Project: Los Angeles Avenue Underground Utilities on New Los Angeles Avenue east of Spring Road [to be funded by CFD 97 -1 (Carlsberg)] Rail Trail: Moorpark Avenue Easterly Rail Crossing Improvements: Moorpark Avenue Rail Crossing Improvements: Spring Road North Hills Parkway and Rail Grade Separation at the west end of the City including feasibility of creating an Assessment District Moorpark Avenue Widening: Casey Road to Third Street High Street [West] Reconstruction / Westerly Extension La Falda Connection Truck Scale Facility west of the City Route 23 North Realignment Spring Road North Extension `D' Street [Princeton Ave. at SR 118 Freeway] High Street Streetscape and Decorative Lighting Systems Downtown Street Lights [CDBG] Walnut Canyon Corridor Improvements Poindexter /First Realignment Metrolink South Lot: New Entry off First Street Traffic Signals Spring Road and Fl Los Angeles Avenue Los Angeles Avenue Los Angeles Avenue Tierra Rejada Road inn Avenue and Maureen Lane and Shasta Avenue Traffic Signal Interconnect Traffic Signal Interconnect Attachment `A' Page 2 Tierra Rejada Road / Los Angeles Avenue Signal Modification [Protected Left - Turns} Los Angeles Avenue and Millard Street Los Angeles Avenue and Town Center Entry Los Angeles Avenue West of Butter Creek Road Medians and Parkways Parkway: Los Angeles Avenue and Tierra Rejada Road Medians: Los Angeles Avenue Corridor Medians: Spring Road Medians: Tierra Rejada Road east of Spring Road Parkway: Peach Hill Road Parkway: Poindexter Avenue City Entry Signs / Statements Spring Road Parkway Trees: South of Peach Hill Road Storm Drains Gabbert Canyon / Walnut Canyon System Improvements Drain NW of Spring Road & Arroyo Simi Bridge Shasta Drain Millard Drain Villa Del Arroyo Drain Update the City's Master Drainage Study S: \City Manager \Everyone \ccagenda \City Engineer Position Attach A- Capital Improv Projects 0702 2003.doc Attachment `B' Salary Survey Monthly City Title Salary Range * ** Camarillo PWD $9,110 - $12,288 Port Hueneme PWD $7,418 - $9,643 Santa Paula PWD /CE $7,084 - $8,611 Agoura Hills PWD /CE $7,232 - $8,792 Malibu PWD $6,553 - $8,519 Chino Hills CE $7,272 - $9,281 Yucaipa PWD /CE $7,275 - $9,086 Brawley PWD /CE $6,023 - $7,185 Indio PWD /CE $7,458 - $9,994 Atherton PWD /CE Up to $10,932 Belmont CE $7,286 - $9,299 ** Benecia PWD $8,068 - $9,807 * Dublin CE $7,394 - $9,243 Moorpark PWD $7,716 - $10,378 Moorpark CE $8,107 - $10,903 PWD = Public Works Director CE = City Engineer * Reports to PWD ** RCE not required * ** City Engineer ($6,895 - $9,300); Reports to PWD S: \City Manager \Everyone \ccagenda \City Engineer Position Attach B- Salary Survey 0702 2003.doc TO: FROM: DATE: SUBJECT: BACKGROUND MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM 'I - -D • 7'" oP� A- -z) Hugh R. Riley, Assistant City Manager June 23, 2003 (CC Meeting of July 2, 2003) Consider Award Contract for Construction Management Services for the Police Services Center Project to Rollins Consulting, Inc In the Amount of $ 430,000. The City Council has listed among the City's top ten priority projects, the construction of a new police services center. On November 7, 2001, the City Council approved a Development and Financing Plan for new civic facilities including City Hall, Police Services Center and Public Works /Parks Corporation Yard. Sites for these new facilities were identified in the plan and the City's Redevelopment Agency has acquired the property at the northeast corner of Spring Road and Flinn Avenue as the designated site for the new Police Services Center. On April 17, 2002 the City Council approved an agreement for design services for the police building with WWC OT Architects of Santa Monica. The architects and the City's Design Development Committee developed recommendations for the conceptual design of the facility which were approved by the City Council on February 11, 2003. The Architect has now completed approximately 850 of the construction drawings and specifications for the project. DISCUSSION At this stage of the project it is necessary to retain the services of a Construction Management firm to assist the City with the Contractor Pre - qualification process in accordance with City Council policy and to review the architect's design and G ��a 377 Honorable City Council June 20, 2003 Page 2 prepare a constructability report. This report examines the various components of the architects cost estimates for the building and identifies any possible items that could cause the construction bids to be excessive. These important tasks must be completed prior to seeking City Council approval to obtain construction bids for the new facility. Staff solicited proposals for construction management services for the project in January 2003. The City received proposals from the sixteen qualified construction management firms listed below: ABS Consulting /EQE Program & Construction Management Group Bovis Lend Lease Consolidated CM Gafcon GKK Works Harris and Associates John M. Cruikshank Consultants, Inc. LACM (Now KAQD) Lundgren Management Corporation PCM Rollins Consulting, Inc /Atkins HF &G RMA +WJYA Staples Construction Company, Inc. Stegeman and Kastner, Inc. Swinerton Management and Consulting, Inc. Vanir Construction Management Staff conducted a preliminary evaluation of each of the proposals with regard to the following criteria: 1. The firm's understanding of the scope of work for the management of the project. 2. The firm's approach and methodology for the project 3. The schedule for the project's development 4. The relevant experience of the firm 5. The professional skills and credentials of the staff offered by the firm for commitment to the project. The proposals were ranked based on the above criteria and the top five scoring firms were invited to make a presentation to an oral review panel consisting of: Hugh Riley, Assistant City Manager; Ken Gilbert, Director of Public Works; Chester Widom, Honorable City Council June 20, 2003 Page 3 Project Architect; and Kim Chudoba, Senior Management Analyst. The firms invited for interview presentations were Harris & Associates, John M. Cruikshank Consultants, Inc., Rollins /Atkins HF &G (Rollins), Stegeman and Kastner, Inc. and Swinerton Management and Consulting, Inc. In evaluating the firms and their presentations, the panel considered factors similar to those used in the initial ranking but examined these factors in greater detail. Specific emphasis was given to each firm's demonstrated understanding and approach to the project. High importance was placed on the firms personnel to be assigned to the project. Staff reviewed cost /fee proposals provided by each firm and prepared an analysis of these proposals in order to compare the number of hours to do the work from each firm and the hourly rates proposed for each task. The analysis is included as Attachment 1 to this report. This analysis was helpful in comparing the number of hours and hourly costs proposed by each firm for the work; however it was not used to select the five semi - finalist candidates for the project. The interview panel selected two firms; Rollins Consulting, Inc. and Stegeman & Kastner, as finalists for the project. Rollins Consulting, Inc. is a Ventura County -based firm that is currently under contract with the City to manage various demolition and clearance projects and was the construction manager for the construction of the Betancourt residence for the Redevelopment Agency. Rollins is also under contract with the Ventura County Fire Protection District for the project management of several new fire stations including Station 42 in Moorpark. Staff does not see this as a conflict as different personnel are proposed to be assigned as key staff for the Police Services Center Project. Atkins HF &G will partner with Rollins to provide the Constructability Review and to review all pay requests and change orders during the project. Stegeman & Kastner is a well established and reliable construction management firm with offices in Santa Monica. Their relatively small size fits the City's profile for this work. The manager proposed for the Moorpark project is currently managing the construction of the City of Hawthorne Police Station. Honorable City Council June 20, 2003 Page 4 References were contacted for both and staff requested additional information from each firm including resources and compensation data for each detailed task required. These Tasks are outlined in Exhibit A of the proposed Agreement for Professional Services which is Attachment 2 to this report. Construction Management Budget The Redevelopment Agency has included $400,000 for this project's construction management services in the Agency Capital Improvement Program Budget for Fiscal Year 2003 -2004. The work proposed under this contract will extend into the 2004 -2005 Fiscal Year as construction completion is projected for November 2004. Based on the project schedule and the costs for individual tasks provided, this amount will be sufficient to cover construction management as well as the additional costs for special inspections and materials testing for the current Fiscal Year. STAFF RECOMMENDATION Authorize the award of a contract to Rollins Consulting, Inc. in the amount of $ 430,000 and approve the Agreement for Professional Services subject to final language approval by the City Manger. Attachment: Cost Analysis of Submitting Firms Agreement for Professional Services Cost Analysis of Submitting Firms Firm Months Rates (Rannal Hours n,.:..,...___L, Bovis Lend Lease 20 months $67.60/hr to $160 /hr 6,582 $76,583 $793,489.00 Consolidated CM 18 months $43 /hr to $400 /hr 2,758 Cost plus 10% $232,440.00 EQE Program and Construction Management Group 20 months $50 /hr to $150 /hr 2,448 $10,060 $275,000.00 Gafcon 20 months $45 /hr to $150 /hr 5,679 $2,400 $567,432.00 GKK Works 19 months $50 /hr to $130 /hr 2,904 $8,550 $345,710.00 included in most Harris and Associates not defined $50 /hr to $240 /hr not defined hourly rates, there are exceptions $605,048.00 John M. Cruikshank Consultants, Inc. 20 months $40 /hr to $130 /hr 6,178 see cost proposal $539,030.00 LAC M 18 months $65 /hr to $145/hr 5,760 provided by city $598,960.00 Lundgren Management Corporation 22 months $45 /hr to $175/hr 4,558 Cost plus 10% $515,380.00 PCM not defined $55 /hr to $150 /hr 4,891 $20,000 $463,270.00 RMA +WJYA Construction Management Services not defined $60 /hr to $170 /hr 6,768 not defined $741,840.00 Rollins not Consulting /Atkins HF &G not defined $40 /hr to $135 /hr defined see cost proposal $442,500.00 Staples Construction Company, Inc. 18 months $50 /hr to $90 /hr 2,104 see cost proposal $176,590.00 Stegeman and Kastner, Inc. 18 months $155 /hr to $180 /hr 3,063 not defined $272,620.00 Swinerton Management & Consulting, Inc. 20 months $94 /hr to $177.45/hr 5,964 not defined $783,929.00 [Vanir 20 months $30 /hr to $120 /hr 4,592 negotiable $418,400.00 C �1 ATTACHMENT ATTACHMENT ;Z AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 200_, between the City of Moorpark, a municipal corporation, hereinafter referred to as "CITY ", and I a Corporation, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, CITY has the need for construction management and contract administration services related to the construction of a Police Services Center at the corner of Spring Road and Flinn Avenue in Moorpark, California; and WHEREAS, CITY desires to contract for such services with a private consultant as a Construction Project Manager in anticipation that said private consultant can provide such services in a manner acceptable to CITY; and WHEREAS, CITY wishes to retain CONSULTANT for the performance of said services. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: CITY does hereby appoint CONSULTANT in a contractual capacity to perform the services in accordance with the tasks generally provided and hereinafter set forth in Exhibit "A ", Scope of Work, and Exhibit "B ", CONSULTANT'S Proposal, with the authorities, and responsibility ordinarily granted to this type of consultant work. I. COMPENSATION The fees in full compensation to services rendered shall not exceed $ on an hourly basis for each hour devo accordance with the rate requirements "B ", CONSULTANT'S Proposal, which is by reference. II. TERMINATION CONSULTANT for the to be billed ted to the project in contained in Exhibit incorporated wherein This agreement may be terminated with or without cause by either party at any time with no less than (10) days written notice of such termination to the other party. In the event of such termination, CONSULTANT shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be limited to actual services performed, prorated as to the percentage of progress completed as of the date of termination. III. GENERAL CONDITIONS A. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any person employed by CONSULTANT performing services hereunder for CITY. B. CONSULTANT 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 CONSULTANT or any of the Consultant's officers, employees, or agents, except as herein set forth. C. At the time of termination of this agreement, all original documents, designs, drawings, reports, logos, diskettes, computer files, notes, or other related materials, whether prepared by CONSULTANT or his /her sub- contractor(s), or obtained in the course of providing the services to be performed pursuant to this agreement shall be made available to CITY upon 24 hours notice for duplications and retention of duplicates. D. CONSULTANT shall hold harmless, indemnify and defend CITY and its officers, employees, servants and agents and independent contractors who serve in the role of City Manager, Assistant City Manager, City Clerk, Director of Community Development, Building Official /Inspector, City Engineer, or City Attorney 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, or in any way connected with the performance of this Agreement by CONSULTANT or CITY, except such damage as is caused by the sole negligence of CITY. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense. CONSULTANT shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement the policies of insurance required by this section and shall furnish to the City Clerk of the CITY certificates of said insurance on or before the commencement of the term of this Agreement. CONSULTANT shall provide general public liability insurance including automobile liability and property damage insurance in an amount not less than two million dollars ($2,000,000) per occurrence and annual aggregate. Consistent with this section, CONSULTANT shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by CONSULTANT in work under this Agreement is not protected by the workers' compensation law, CONSULTANT shall provide adequate insurance for the protection of such employees to the satisfaction of CITY. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name CITY and its officers, employees, servants, and agents and independent contractors serving in the role of City Manager, Assistant City Manager, City Clerk, Director of Community Development, City Engineer, or City Attorney, as additional insured with CONSULTANT. Confirmation of this coverage shall be provided on an Insurance Services Office (ISO) form CG 20 10 11 85, or other form stipulated in writing by City Clerk. 2. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, CITY shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. CONSULTANT shall give CITY thirty (30) days written notice prior to the expiration of such policy. 3. Be written on an occurrence basis. CONSULTANT also shall maintain professional liability (errors and omissions) coverage in an amount not less than one million dollars ($1,000,000) per claim. E. In the event CONSULTANT hires employees other than officers, then CONSULTANT shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by CONSULTANT in work under this agreement is protected by the workers' compensation law, CONSULTANT shall provide adequate insurance for the protection of such employees to the satisfaction of the CITY. F. CONSULTANT shall not assign this agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that CONSULTANT is uniquely qualified to perform the services provided for in this agreement. G. Payment to CONSULTANT shall be made by CITY within thirty (30) days of receipt of invoice, except for those which are contested or questioned and returned by CITY, with written explanation within thirty (30) days of receipt of invoice. CONSULTANT shall provide to CITY a written response to any invoice contested or questioned and further, upon request of CITY, provide CITY with any and all documents related to any invoice. H. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -6200 Attention: Steven Kueny City Manager To: Attention: 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. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. I. Nothing contained in this agreement shall be deemed, construed, or represented by CITY or CONSULTANT or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between CITY and CONSULTANT. J. This agreement constitutes the entire agreement of the parties concerning the subject matter hereto and all prior written agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. K. Should interpretation of this agreement, or any portion thereof be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that a party prepared the agreement or caused it to be prepared. L. No waiver of any provision of this agreement shall be deemed, or shall constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. M. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. N. Cases involving a dispute between CITY and CONSULTANT may be decided by an arbitrator if both sides agree in writing to arbitration and on the arbitrator selected, with costs proportional to the judgment of the arbitrator. 0. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement, or other action to herein, shall be filed in the applicable court in Ventura County, California. P. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. Q. If any portion of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. IV. RESPONSIBLE INDIVIDUAL The individual directly responsible for CONSULTANT'S overall performance of the contract provisions herein above set forth and to serve as principal liaison between CITY and CONSULTANT shall be I of Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. The individual directly responsible for the CITY shall be Hugh R. Riley, Assistant City Manager. " V. IMPLEMENTATION CITY shall provide CONSULTANT with written notice in advance of the date at which these services are to be implemented if different than the date of the agreement. CITY OF MOORPARK CONSULTANT M Steven Kueny City Manager Date ATTEST: Deborah S. Traffenstedt City Clerk Attachments: Exhibit A - Scope of Work Exhibit B - Consultant's Proposal No Date sa ern q� EXHIBIT A SCOPE OF WORK I. TASKS A. Review Contract Documents - Drawings and Specifications 1. Assist Owner in preparation of General Conditions, Supplementary Conditions. B. Prequalification of Contractors and specified subcontractors 1. Development of Criteria Document. 2. Distribution to contractors. 3. Review, evaluation and selection. C. Prime Construction Contract Administration 1. " Constructability " review of Architect's Final Construction Documents and cost estimate. 2. Prepare Invitation for Bids, Bid Documents. 3. Conduct Pre -bid conference. 4. Schedule and conduct pre- construction, construction and progress meetings. 5. Prepare and update project master schedule utilizing general contractor's and subcontractors' schedules. 6. Process shop drawings, submittals, RFI's, Change Orders, progress and final pay requests, etc. 7. Wage Compliance 8. Provide regular monitoring of construction costs - actual and projected. 9. Coordinate Owner's installation of fixtures, furniture and equipment (FFE) 10. Closeout and Occupancy D. Construction Observation (by CM)- The City anticipates a need for 4 to 5 hours on site per day. However, if needed, this may be increased to full -time. E. Management of Consultants (other than the A/E Team) and Technical Inspectors /Testing Laboratories. 1. Working with the owner and the A/E Team, identify all inspections required to meet code requirements, obtain appropriate proposals and assist in the management of the inspection process. 2. Working with the owner and the A/E team, identify all specialty inspectors (i.e. roofing etc.) required for the project, obtain appropriate proposals and assist in the management of the inspection process. �. J rci HOLLINS CONSULTING, INC. Mr. Hugh R. Riley Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Proposal for Management Services Dear Mr. Riley, EXHIBIT B June 20, 2003 ReMed JUN 2 ' 2003 *y� i�ii��is� , Thank you for allowing us the opportunity to submit an updated proposal on the City's new Police Services Center. Our attached estimate of labor fees is based on the City's revised Exhibit `A' (Scope of Work) and the project schedule prepared by WWCOT dated 2/21/03. Our fee proposal is slightly lower than our original proposal based on a reduction of pre - construction services. We had anticipated more extensive cost estimating and value engineering in our original proposal. Please call me if any further information or clarification is needed. Thank you again for allowing us the opportunity to propose on this exciting project. SincereI , Kevin Mitchell Project Director cc: file 325 East Hillcrest Dr., Suite 121 o Thousand Oaks, CA 91360 • Phone (805) 373 -0323 • Fax (805) 373 -0885 Program /Construction Management www.rollinsconsultinginc.com �� REVISED FEE PROPOSAL rci ROLLINS CONSULTING, INC. E.1. I I I Working with the owner and the A/E team, identify all inspections I I I required to meet code requirements, obtain appropriate proposals (Kevin Mitchell and assist in the management of the inspection process. _ IRick Barton 120 1 $105 /hr 1 $12,600.00 E.2. Working with the owner and the A/E team, identify all specialt_ y_ _1 inspectors (i.e. roofing etc.) required for the project, obtain appropriate proposals and assist in the management of the IKevin Mitchell inspection process. IRick Barton 100 1 $105 /hr I $10,500.00 TOTAL ESTIMATED LABOR FEES - $395,655.00 Estimated Expenses ( 7% of fee) - $27.695.85 Total - $423,350.85 325 East Hillcrest Dr., Suite 121 a Thousand Oaks, CA 91360 • Phone (805) 373 -0323 a Fax (805) 373.0885 Program /Construction Management ��age www.rallinsconsultinginc.com � �.. PERSONNEL TASK DESCRIPTION OF SERVICES (NAME) HOURS RATE COST A. Review Contract Documents - Drawings and Specifications I I 1 I 1 A.I. Assist owner in preparation of General Conditions, Supplementary I Nick Rollins 1 80 I 1 $135/hr 1 $10,800.00 Conditions — — — Rick Barton — — I 80 1$105/hr 1 $8,400.00 I r I I — B. Prequalification of Contractors and Specified Subcontractors B.1. Development of Criteria Document (Kevin Mitchell 1 40 1 i $1141hr $4,560.00 IRick Barton 1- 40 I $105 1hr i 1--- $4,200.00 _ _ _ _ _ __ _ _ _ _ _ _ _ _ B.2. Distribution to Contractors_ — - - - - -- Rick Barton 20_ - $105 /hr - - - -- $2,100.00 _ _ _ _ _ _ _ _ _ _ _ B.3. Review, Evaluation and Selection —I— — — — — -- (Kevin Mitchell 40 _ I — — — a — I $114 /hr I - - - -- $4,560.00 Rick Barton I 40 $105 1hr 1 $4,200.00 C. Prime Construction Contract Administration I i i I I 1 C.1. Constructability review of Architects Final Construction (Atkins HF &G 1 1 LS $35,000.00 Documents and Cost Estimate Rick Barton I 120 1 $105 /hr I $12,600.00 C.2. Prepare Invitation for Bids, Bid Documents_ Rick Barton I 80 $105 /hr L $8,400.00 C.3 Conduct Pre-Bid C_onfer_ence -------- Rick Barton--.— i - - - -.1 4 -- .— $105 /hr, - - - -- $420.00 _ _ _ _ _ _ _ _ _ _ C.4. Schedule and conduct pre- construction, construction, and progress meetings. — + - - - -- 1 Rick Barton -- - 1 188 -1 - -- I $105 /hr i - - - -- $19,740.00 _ — — _ _ _ _ — — — 5 _ Prepare and update project master schedule utilizing general C. — — _ rt _I contractor's and_ subcontractors' schedules. (Rick Barton 94 $1051hr $9,870.00 _ __ _ _ _ _ C.6. Process shop drawings, submittals, RFI's, Change Orders, (Atkins HF &G 100 1 $145/hr 1 $14,500.00 _ _ progress and final pay requests, e_tc. Rick Barton 376 $105 /hr 1 I---- $39,480.00 _ _ _ _ _ _ _ _ _ C. 7. Wage Compliance — _ _ _ — —— — — — — — IRick Barton - - t -- — 376 - 1 $105 /hr - - - -- $39,480.0_0 C.8. Provide regular monitoring of construction costs -actual and I t projected_ !Rick Barton_ 94 i $1_05_ /hr 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ C.9. Coordinate Owner's installation of fixtures, furniture and I r —1 _$9,8_70.00 equipment (FFE) 'Rick Barton i 120 ( $1_05_/hr I $12,600.00 C.10. Closeout and occupancy — !Rick Barton 1 80 I $105 /hr I $8,400.00 D. Construction Observation (by CM) - The City anticipates a need for 4 to 5 hours on site per day. However, if needed, this may be increased to full -time. IRick Barton I 1,175 I $105 /hr I $123,375.00 ---------- — — — — — — — — — — — — E. Management of Consultants (other than the A/E Team) and I 1 Technical Inspectors/Testing Laboratories 1 E.1. I I I Working with the owner and the A/E team, identify all inspections I I I required to meet code requirements, obtain appropriate proposals (Kevin Mitchell and assist in the management of the inspection process. _ IRick Barton 120 1 $105 /hr 1 $12,600.00 E.2. Working with the owner and the A/E team, identify all specialt_ y_ _1 inspectors (i.e. roofing etc.) required for the project, obtain appropriate proposals and assist in the management of the IKevin Mitchell inspection process. IRick Barton 100 1 $105 /hr I $10,500.00 TOTAL ESTIMATED LABOR FEES - $395,655.00 Estimated Expenses ( 7% of fee) - $27.695.85 Total - $423,350.85 325 East Hillcrest Dr., Suite 121 a Thousand Oaks, CA 91360 • Phone (805) 373 -0323 a Fax (805) 373.0885 Program /Construction Management ��age www.rallinsconsultinginc.com � �.. TASK No. CLARIFICATIONS AND COMMENTS A Mr. Rollins has assisted the City in preparation of front -end documents on other City projects managed by RCI. His knowledge of the City's standards will be helpful in reducing the amount of time necessary to prepare the General and Supplementary conditions on the Police Services Center project. B. Mr. Barton will serve as the lead representative for the development of the Pre -Qual Package and will be assisted by the Project Director, Kevin Mitchell. C. Item C.1 - Mr. Barton will coordinate the constructability and estimate reviews. The following is a breakdown of the Atkins HF &G fees: 95% CD Estimate $15,000.00 Estimate review Mtgs & reconciliation $5,000.00 95% CD Constructability Review $15,000.00 Item C.6 - One hundred hours of Atkins HF &G services is provided for estimating change orders not exceeding 15% the value of the bid. Item C.9 - A full description of Owner FF &E items is necessary to determine an accurate management fee. One hundred twenty hours is an assumption of time necessary to complete this scope of work. D. RCI has assumed 5 hours of daily on site observation for the entire construction period of 47 weeks as outlined in the WWCOT schedule. Page 2 POLICE SERVICES CENTER WWCOT Juo No 02008 00 Cdy of Moorpark Task Milestone ♦ Rolled Up Split External Tasks Deadline Project. Schedule- Rev02 -20 -03 Split Summary ^ Rolled Up Milestone O Project Summary Date. Fn 2121/03 Progress Rolled Up Task — _ - -- Rolled Up Progress External Milestone ' Schedule -Rev02 20 -03 G� C.� Page 1 Fri 221/03 2003 2004 2005 ID Task Name _ - Duration Stan Finish I Predecessors Apr Ma Jun Jul Au Se Oct Nov Dec Jan eD Mar Apr Ma Jun Jul u Sep Oq Nov Dec Jan Fe_C Mar A r a Jun Jul Au Se OG Nov Dec Jan eb Mar t Kick- f-Meeting Phase 1 - Conceptual Design Program Confirmation Committee Review are Approval Site Plan - Conceptual Floor Plan - Conceptual City Manager Progress Review 0 Wks 31.8 Wks 6 6 Wks 0 Wks 7 Wks 8 Wks 1 wk Mon 7/8102 Thu 7/11102 Thu 7111102 Fri 7119102 Thu 7!25002 Thu 7118102 Thu 817/02 Mon 718102 Wed 2/19103 1 Mon 919102 1 Fn 7119/02 Wed 9111102 Wed 9/11102 Wed 817102 719 I ♦ 7/19 _ J 2 3 4 5 6 7 r^y Environmental Review Highway Patrol User Meeting Exterior Elevations- Conceptual (2 options) 4 Wks 1 wk 4.2 Wks Thu 9112/02 Mon 8/26/02 Wed 8/14/02 Wed 1019102 6 Fri 8/30102 Wed 9/11/02 s . i 8 9 10,"J'. City Manager Review 1 Wk Thu 9172102 Wed 9/18/02 10 11 Cost Estimate 2 Wks Thu 9119102 Wed 10/2102 11 Y t 12 13 �,� Soils Testing 3 Wks Mon 9116/02 Fri 10/1/02 Complete Soils Test 0 wks Fri 1014/02 Fri 10/1/02 13 1014 15 City Council Approval- Site /FP/Elev /Landscape (8 1/2'x11-) 0 wks Wed 1023102 Wed 10/23/02 14 I 18 City Manager Review and Approval - Sfte/FP /ElewLana/CUbr /MaUt 7 wk Wed 1023/02 Tun 10/29/02 15 •• 17 „""�, City Council Approval - Exterior Elevations Phase 2 - Design Development Design Development Cost Estimate Phase 4 - Construction Documents 0 Wks 3 wks 3 Wks 2 Wks 20 Wks Wed 2/19103 Mon 2/17/03 Mon 2/71/03 Wed 2/19103 Mon 3 /10103 Wed 219/03 16 Fn 317/03 8,15 Fri 317/03 15 Toe 3/1/03 17 Fn 7126103 19 2119 18 19 20 21 22 r(� Construction 00coments (75 %) Cost Estimate (75% CD) Construction Documents (100% CO) Committee Review and Approval Phase 5 - Construction Plan ReviawlBidding 18 Wks 2 wks 2 Wks 0 wks 17 wks Mon 3110103 Mon 7114103 Mon 7114103 Fri 7125103 Mon 7 126103 Fn 7111103 19 Fn 7125103 22 Fn 7125103 22''!'j, Fri 7125103 24 Fn 11121103 21,28 �l 7126 23 24 25 26 Permit Process Pre- yualily bidders 5 wks 2 wks Mon 728103 Mon 9/1103 Fn 8129103 25 Fn 9/12103 27 27 28 Bldding 6 Wks Mon 9/15/03 Fri 10124/03 28 1 29 30 Construction Contract Negotiations 4 wks Mon 10/27/03 Fn 1121103 29 31 Phase 6 - Construction 47 wks Mon 11/24/03 Fri 10115/04 26,30 i 32 Construction 44 wks Mon 11/24/03 Fn 9/24/01 — Substantial Completion 0 Wks Fri 9/24/04 Fri 9/24104 32 I ti substantial Completion 33 34 Punch List Certificate of Occupancy 3 wks 0 Wks Mon 9/27/04 Fn 70/15/04 Fri 10115/04 33 Fn 10/15/04 34 i 1015 35 Phase 7 - Post Construction Provide 2 sets of drawings and specifications 4 wks 3 Wks Mon 10 118104 Mon 10/18/04 Fri 11/12/04 36 Fri 11 15/04 35 r 38 37 Coy Manager Approval 1 wk Mon 11/8/04 Fri 11/7204 37 �4 38 Task Milestone ♦ Rolled Up Split External Tasks Deadline Project. Schedule- Rev02 -20 -03 Split Summary ^ Rolled Up Milestone O Project Summary Date. Fn 2121/03 Progress Rolled Up Task — _ - -- Rolled Up Progress External Milestone ' Schedule -Rev02 20 -03 G� C.� Page 1 Fri 221/03 C,� i ^_ -' ';s�� sae , C:�r,aF�R viA C ie Connsii Meeting of_ 'j -A- o'»o `�' ✓,� /� �.,scl� _�-� �,E'a�l,C Cdr -s "aJ ITEM NO. 9.E. By unanimous voice vote, the Council determined that in order to take immediate action subsequent to the agenda being posted, the Moorpark High School Academic Decathlon Team's request for funds to sponsor travel to Sacramento and Washington D.C. should be added to the agenda as Item 9.E. under Presentation /Action /Discussion. No Agenda Report E ISM U. A. of 7- a aO o3- 7 0A a MINUTES OF THE CITY COUNCIL Moorpark. California February 27. 2002 A Special Meeting of the City Council of the City of Moorpark was held on February 27, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:39 p.m. 2. INVOCATION: Reverend Michael Sezzi from Holy Cross Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Mikos led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers, Mikos, Millhouse, Wozniak (arrived at 7:11 p.m.), and Mayor Hunter. Absent: Councilmember Harper Staff Present: Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Dana Shigley, Administrative Services Director; Mary Lindley, Community Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; Deborah Traffenstedt, Acting Community Development Director/ Assistant to City Manager /City Clerk, and La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. Minutes of the City Council Moorpark, California Paqe 2 February 27, 2002 6. PUBLIC COMMENT: Ms. Traffenstedt stated that there was one speaker card for a Corey Kutler. Mr. Kutler was not present when called. Mayor Hunter stated that they would take Public Comment later in the meeting, if Mr. Kutler returned. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse stated that he had seen Mr. Kutler prior to the start of the meeting where he had related the issues regarding confusion in the Municipal Code concerning signage. Councilmember Millhouse suggested that the Planning Commission look at the code regarding what is permitted for advertising, especially for new businesses. AT THIS POINT in the meeting, Public Comments were taken, as Mr. Kutler had returned to the meeting. Corey Kutler, representing Great Clips for Hair, 551 W. Los Angeles Avenue, spoke about his recent experience with Code Enforcement due to a violation in the temporary signage for his new business; the confusion in the Municipal Code regarding the use of balloons and roof top signs for advertising; and his need for a 60 -day temporary sign permit. Mayor Hunter directed staff to bring a Resolution back to the Council for consideration, asking the Planning Commission to study the temporary sign matter and a Box Item memo to the Council with staff's response to the issues raised by Mr. Kutler. 9. PUBLIC HEARINGS: A. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of the New Ordinance (Zoning tom' Minutes of the City Council Moorpark, California Paae 3 February 27, 2002 Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of February 6, 2002). Staff Recommendation: 1) Take public testimony and close public hearing; 2) Waive full reading and introduce Ordinance No. 278 for first reading; and 3) Direct staff to schedule second reading and adoption of the Ordinance No. 278 for March 6, 2002. Ms. Traffenstedt gave the staff report. In response to questions from Council, Ms. Traffenstedt stated that an Administrative Permit would only be allowed for pre- approved locations and only and under a separate process designated in the Ordinance; the only difference between the Administrative Permit process and the Conditional Use Permit (CUP) process is who is the decision - making body; and that additional language will be included in the agenda report on stamped Page 49, No. 7, to indicate that the radio - frequency report will include signal strength exhibits with calculations including measurements under maximum loading conditions. Mayor Hunter announced that the public hearing remains open. Gregory W. Sanders, attorney representing Sprint PCS, 18101 Von Karman Avenue, Suite 1800, Irvine, CA, stated that Sprint continues to support the adoption of this Ordinance. Hugh J. Finlay, a Moorpark resident, stated that he represents the residents of his Homeowners Association and read a prepared statement expressing their concerns about the definitions of Major and Minor facilities; that the 200 -foot setback should be changed to a 300 -foot setback; that aspects of the Santa Barbara County wireless communications Ordinance soon to be adopted should be incorporated into this Ordinance; and this Ordinance should be standardized with the regulations of Ventura County, which has telecommunication sites just beyond Moorpark's city limits. He presented the Council with copies of the prepared statement. Minutes of the City Council Moorpark, California Pacae 4 February 27, 2002 Mayor Hunter asked the City Attorney to provide follow up after reviewing the document more thoroughly. Tony Banducci, a Moorpark resident, spoke on behalf of over 60 residents and expressed their desire that the setback requirement be changed to 300 -feet; their support of the minor issues raised by the engineers; and their support to adopt this Ordinance with correction of those issues. Robert Demyan, a Moorpark resident, concurred with Mr. Banducci's comments; requested information on who are the participants in the peer review committee for the reports submitted by an applicant; expressed concern regarding screening and visual impact of the sites; and referred the Council to the City of Simi Valley's Ordinance No. 986 dealing with design elements in regard to landscape guidelines for wireless communication installations. Tony Geivet, a Moorpark resident, spoke in support of the Ordinance; questioned whether the 200 -foot setback requirement is sufficient; asked if the Peach Hill Reservoir site is considered a Major or Minor facility; inquired how it can be prevented from becoming a Minor facility for use as an antenna farm; asked if any of the permits issued for the Peach Hill Reservoir site are exempt; inquired about what assurances are provided to allow the public to speak to the issue of Minor sites, which exceed the height requirements; and emphasized that the public should be allowed to comment on Major and Minor facilities in proximity to their private properties. In response to Mayor Hunter, Mr. Wohlenberg stated that he has completed his examination of the document presented earlier in the meeting by Mr. Finlay. He stated that the 200 -foot setback is the City's requirement for all "other structures "; in regard to visual impact, it would be difficult to differentiate between wireless uses and any other uses; and there are other visual impact controls in the Ordinance regarding camouflage. He further stated that since no NNother structures" are restricted, it would be possible for wireless carriers to argue, that since there is no visual reason to support the greater setback, a greater restriction in setback must be Minutes of the City Council Moorpark, California Paae 5 February 27, 2002 because of health, safety, and comfort reasons, which is against Federal Communications Commission (FCC) regulations; no other city he deals with has a 300 - foot setback limit; and some cities approaching build - out in more urban areas, have even less of a restriction. In response to Mayor Hunter, Mr. Wohlenberg stated that the definitions for Major and Minor facility are based on the type of facility mount that is being used as it relates to the visual impact. He cited an example of a Minor installation to be one incorporated on an existing utility pole, which would be less noticeable, as opposed to a more visible, stand -alone monopole, which would be considered a Major facility. He went on to state that determining Major vs. Minor in terms of consumption of power is within the FCC's jurisdiction, not the City's. In response to Mayor Hunter, Ms. Traffenstedt stated that the County of Ventura does not have a specific setback requirement for a wireless facility. In response to Councilmember Mikos, Mr. Wohlenberg stated that the wireless industry can monitor its own facility; however, there would not be the capability of monitoring someone else's facility. He went on to state that in a colocated facility, he believes the City can negotiate a joint survey by notifying all users of the standards to be met, with the cost of the survey divided between them, and one report issued. In response to Mayor Hunter, Mr. Wohlenberg stated that the City would be still be consistent by tracking individual installations in a colocated facility using the Federal Radio Frequency (RF) emission standards at a single facility for a single user. In response to Councilmember Mikos, Mr. Wohlenberg stated that an amendment to the Ordinance could be drafted if later determined to be necessary to address the cumulative effect of a colocated facility in regard to the federal standards. In response to Mayor Hunter, Mr. Wohlenberg stated that the limit of one field study in a 24 -month period Minutes of the City Council Moorpark. California Paae 6 February 27. 2002 resulted from a compromise between staff's request for 12- months and the industry's request for 36- months. Councilmember Millhouse stated that the carriers are on notice that if there is a huge cumulative effect, it will not be acceptable; he concurs with the Assistant City Attorney that an amendment could be considered at a later date if it is determined to be necessary in dealing with the cumulative affects; and he would rather move forward with approval of the Ordinance. Councilmember Mikos stated that the 24 -month period seems acceptable for dealing with the concern of the cumulative effects when additional installations are added to one site. In response to Councilmember Mikos, Mr. Wohlenberg stated that the Council could move forward with approval of the Ordinance as it is and direct staff to study the issue of cumulative effect and whether there is a need for an amendment to the Ordinance. In response to Mayor Hunter, Ms. Traffenstedt stated that the peer review committee refers to contract staff who would review certain components of an application dealing with their expertise, such as an RF expert under contract with the City who would be consulted to see if they concur with the conclusions in the report. In response to Mr. Kueny, Mr. Wohlenberg stated that the definition of colocation or colocated means the location of multiple antennas, which may be owned or operated by one or more service providers, at single or adjacent parcels or lots, and may or may not be mounted to a common supporting structure wall or building. In response to Mayor Hunter, Mr. Wohlenberg stated that he is satisfied with the definitions for Minor Facility and Major Facility. Mayor Hunter closed the public hearing. Ms. Traffenstedt introduced Ordinance No. 278 for first reading. fir •., �� _, `� Minutes of the City Council Moorpark, California Paae 7 February 27. 2002 MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 278. The motion carried by a vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No. 278 introduced for first reading. The motion carried by a vote 4 -0, Councilmember Harper absent. Mayor Hunter confirmed that the second reading of the Ordinance would occur on March 6, 2002; the effective date would be 30 days after the second reading, and the moratorium would expire on that effective date. B. Consider Commercial Planned Development Permit No. 2001 -01 for Construction of a 357,621 Square Foot Commercial Center, and Vesting Tentative Tract Map No. 5321 for Subdivision of Approximately 29 Acres into Eight Lots on Property Located South of Los Angeles Avenue and East of Miller Parkway, on the Application of Zelman Retail Partners, Inc. Staff Recommendation: Open the public hearing, accept public testimony, and continue the item, public hearing open, to March 6, 2002. Mr. Kueny deferred presentation of the staff report. Mayor Hunter opened the public hearing. Robert Exel, representing Zelman Retail Partners, 515 South Figueroa, Suite 1230, Los Angeles, CA, requested that this item be continued to the meeting of March 6, 2002, to allow the applicant to finalize the review of the conditions of approval and to provide better exhibits. He introduced Lloyd Laycook, consultant from Laycook & Associates, as available for questions. Ruth Fritkin, a Moorpark resident, emphasized the need to make this center, which is visible from both State Routes 23 and 118, a shopping attraction such as the Commons in Calabasas and the Promenade in Thousand Oaks, because the city of Moorpark cannot afford another retail failure. Minutes of the City Council Moorpark, California Page 8 February 27, 2002 Bryce Eddy, a Moorpark resident, representing several families in the Serenata Communities, stated that this is an opportunity to build a great town center. He spoke in opposition to the type of retail stores selected for the center. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to continue this item to March 6, 2003, with public hearing open. The motion carried by a voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Elimination of the Eastbound Right -Turn Lane at Spring Road from the Concept Design for the Widening of Los Angeles Avenue Between Spring Road and Moorpark Avenue [Project 8013]. Recommendation: Direct staff to proceed with a project design which does not include a right -turn lane for eastbound traffic at Spring Road. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion for staff to proceed with the Concept Design for the Widening of Los Angeles Avenue between Spring Road and Moorpark Avenue, which does not include a right -turn lane for eastbound traffic at Spring Road. The motion carried by a voice vote 4 -0, Councilmember Harper absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to approve the Consent Calendar. The motion carried by a roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Regular Meeting of September 5, 2001. Staff Recommendation: Approve minutes as processed. I I 0 n Minutes of the City Council Moorpark, California Paae 9 February 27, 2002 B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - February 20, 2002. Manual Warrants 108404 - 108410 Voided Warrants 105528 Pentamation 108543 (additional remittance copy) Payroll Liability 108411 - 108419 Warrants $261,545.43 $ (85.10) $11,166.13 Regular Warrants 108420 - 108531 & $31,702.01 108532 - 108577 $859,015.60 Staff Recommendation: Approve the warrant register. C. Consider Authorizing the Use of $217,000 in Community Development Block Grant (CDBG) Affordable Housing Funds for Property Acquisition (6479 Penn Avenue, #B). Staff Recommendation: 1) Adopt Resolution No. 2002- 1947, authorizing the acquisition of 6479 Penn Avenue, Unit #B, Moorpark, California 93021 with CDBG Affordable Housing funds and the re -sale of same, with deed restrictions consistent with HUD requirements, to a qualified low income household, and 2) Direct the City Clerk to accept an interest in the real property which is the subject of the agenda report. D. Adopt a Budget Amendment Resolution and Confirm Contract Authorization for Repairs to the Apricot Room at the Community Center. Staff Recommendation: Adopt Resolution No. 2002 -1948, amending the FY 2001/02 budget by transferring $147,000 from the General Fund Reserve to the Facilities expenditure budget (1000.7620), and confirm the City Manager's approval of an agreement between the City and Alan Bornstein Construction for repairs to the Apricot Room at the Community Center at a cost not to exceed $134,220. (ROLL CALL VOTE REQUIRED) 12. ORDINANCES: None. Minutes of the City Council Moorpark, California Paqe 10 February 27, 2002 13. CLOSED SESSION: Mr. Kueny announced that the Council would be going into Closed Session to discuss Item 13.F. MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to adjourn to Closed Session for discussion of Item 13.F. The motion carried by voice vote 4 -0, Councilmember Harper absent. The time was 7:45 p.m. F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director of Community Services, and Director of Public Works. Present in closed session were Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter; Steven Kueny, City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 8:29 p.m. Mr. Kueny stated that Item 13.F. was discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:29 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk -- v' -L tiJ ' "t MINUTES OF THE CITY COUNCIL Moorpark, California July 17, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on July 17, 2002, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:47 p.m. 2. INVOCATION: Pastor Tony Amatangelo, from Life Spring Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Newton, a Moorpark resident and businessman, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, and Mayor Hunter Absent: Councilmembers Harper and Wozniak Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Mary Lindley, Director of Community Services; Dana Shigley, Director of Administrative Services; Barry Hogan, Director of Community Development; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Hartnett, Recreation Superintendent; Deborah Traffenstedt, Assistant to City Manager/ City Clerk; and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Moorpark Boys and Girls Club Youth of the Year. of Minutes of the City Council Moorpark, California Paae 2 July 17, 2002 Mayor Hunter stated that this recognition will be rescheduled to a future City Council meeting. B. Ventura County Fair Poster Presentation. Roger Gibbs, CEO and General Manager of Seaside Park, provided a presentation highlighting the features of Seaside Park and the Ventura County Fair. He presented the Council with a 2002 Ventura County Fair poster. C. City Manager's Monthly Report. Mr. Kueny stated that Hugh Riley, Assistant City Manager, would present the report. Mr. Riley provided an update of various activities occurring within the City including: the design process for the Police Services Center; the continuing design activity for the Fire Station facility and Ventura County Board of Supervisor's approval of the agreement for the property exchange for this facility; the completion of a Request For Proposal (RFP) document for architectural design services for the Public Works and Parks Department corporation yard facility to be located at the end of Fitch Avenue; preparation of an RFP for design services for the new City Hall facility; the acquisition of the Mobilehome Park and initiation of the relocation of the residents; and an application filed with the State by the County of Ventura and by the California Highway Patrol requesting funds to increase the operating hours for the existing State Route 118 truck inspection station west of the City. Mr. Riley reported that Adelphia has filed for bankruptcy, which has halted franchise renewal negotiations and the rebuilding construction of the system; local company officials are hopeful that the rebuilding can resume, which will allow addition of new services to the system; and the City is maintaining a list of incomplete items in the City's right -of -way, to take action if necessary. Mr. Riley also stated that the installation of the new video equipment at City Hall is complete and that Minutes of the City Council Moorpark, California Page 3 July 17, 2002 Government Channel 10 graphics improvements are underway; the City's Building Department is experiencing a marked increase in voluntary compliance by residents relative to Code Enforcement requirements; Country Days event planning is progressing for the scheduled date of September 18; and Southern California Edison has successfully tested a comprehensive notification system to ensure cities will have notice in the event of power outages. In response to Councilmember Millhouse, Mr. Riley stated that traffic signal battery backups to be used in the event of a power outage have been installed, except on the State Highways that traverse the City. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:01 p.m. The City Council reconvened at 7:08 p.m. 6. PUBLIC COMMENT: Pastor Tony Amatangelo, a Moorpark pastor, thanked the City Council and City staff for the July 3rd celebration. Mayor Hunter also complimented City staff on the success of the July 3rd event. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Ms. Lindley requested that Item 11.F. be pulled from the Consent Calendar for individual discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos stated that she wants the Council to consider a future agenda item to discuss modification of the Zoning Code to define more clearly what constitutes a Minor Modification versus a Major Modification and what criteria triggers which type of modification. In response to Councilmember Millhouse, Mr. Kueny recommended that this item be brought to the City Council first for discussion and then forwarded to the Planning Commission, with appropriate direction, if the Council so determines. Minutes of the City Council Moorpark, California Page 4 July 17, 2002 9. PUBLIC HEARINGS: A. Consider the Adoption of Ordinance No. 283, an _Ordinance of the City Council of the City of Moorpark, California, Amending the Moorpark Municipal Code by Revising Chapter 3.36, Article III, Section 200, Relative to the Definition of Library Facilities. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Direct the second reading of Ordinance No. 283 and adopt Ordinance No. 283 as read. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Councilmember Mikos stated, for clarification to the general public, that this ordinance does not increase the Library Facilities Fee, but does establish a broader definition of the purposes for which those funds can be expended. She stated that if this ordinance is adopted, it will allow for collected funds to be used for capital improvements as well as for books and will make it easier to improve the library in the future. Mayor Hunter closed the public hearing and requested second reading of the ordinance. Mr. Montes read the title of Ordinance No. 283. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 283. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No. 283 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. rA A- �'--,- Minutes of the City Council Moorpark, California Page 5 July 17, 2002 B. Consider Tax Equity Fiscal Responsibility Act ( TEFRA) Hearing Related to Vintage Crest Senior Apartments (GPA 2002 -01, ZC 2002 -01, RPD 2002 -02), on Application by USA Properties Fund, Inc. Staff Recommendation: 1) Open the Public Hearing and accept testimony from the public; 2) Close the public hearing; and 3) Approve a motion that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded the motion to approve that the TEFRA requirements of the Internal Revenue Code have been met and public comments have been duly recorded. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Presentation by County of Ventura Elections Staff Reaardina Recruitment of Election Officers. Ms. Traffenstedt introduced Leah Braitman, from the County of Ventura Elections Division, as the presenter for this item. Ms. Braitman explained the process of election volunteer recruitment and thanked the Moorpark volunteers who served during the primary election on March 5, 2002. She stated that Moorpark has eighteen voting precincts and over seventy volunteers are required to staff the polls in these precincts. She stated that an informational presentation is scheduled for August 1, 2002 at 6:30 p.m. at Arroyo Vista Recreation Center for anyone interested in learning more about serving as an election volunteer. Minutes of the City Council Moorpark, California Page 6 July 17, 2002 Mayor Hunter thanked Ms. Braitman for her presentation. B. Consider Landscaping and Fencing Issues Related to Moorpark Country Club Estates, Tract No. 4928, Residential Planned Development No. 94 -01, Conditional Use Permit No. 94 -01. Staff Recommendation: 1) Approve staff recommended alternative for the orchards as indicated in the staff report; 2) Approve staff recommended alternative for the fencing as indicated in the staff report for the west neighborhoods; 3) Allow a maximum of 36 occupancies in Phase 1 before completion or prior to the first occupancy requirements; and 4) Direct staff to meet with Toll Brothers, Inc. to present a recommendation to Council at its August 21, 2002, meeting that resolves the conditions of approval of the RPD and VTM which are tied to occupancy. Mr. Hogan gave the staff report. Mr. Hogan clarified an item that was raised at the previous City Council meeting. He stated that the City had provided some homeowners with grading plans attached to a Zone Clearance that gave the incorrect appearance that the City had approved the fence location as depicted on those plans. He stated that the grading plans were an attachment used solely for the issuance of the Building Permit and not meant to be construed as an approved fencing plan for the project. He stated that in order to avoid this confusion in the future, the City is changing the process so that fencing will not be reflected on plot plans that have been submitted for the purpose of issuing a Building Permit. In response to Mayor Hunter, Mr. Hogan stated that the process required to amend the General Plan Land Use Policy to allow orchards would require the City Council to initiate a General Plan Amendment by Resolution. He went on to state that if the groves are approved, it would be appropriate for the City to clarify the policy for allowing them in order to be consistent with the General Plan and to more fully address the issue of existing and proposed agriculture adjacent to existing and proposed residential development. Minutes of the City Council Moorpark, California Page 7 July 17, 2002 In response to Mayor Hunter, Mr. Hogan stated that staff is not recommending that this occur before occupancy of the lots in this project. In response to Councilmember Millhouse, Mr. Hogan stated that staff is recommending that Lots 1, 2, 3, and a portion of Lot 4 be excluded from the provision for the relocation of the fence below the top of slope, because there are other Phases of development that will occur along Championship Drive and it is intended that all property lines be at the top of the slope to provide for increased noise attenuation and privacy. He continued by stating that if Council concurs with staff's recommendation, this will be consistent with the remainder of the properties along Championship Drive. Councilmember Millhouse stated that this determination would appear to be unfair to the owners of those four lots. He went on to state his concern relative to the timely amendment and recording of the CC &R's so homeowners will receive proper notification and that occupancy will not be delayed because of the amendment and recordation process. Mr. Montes stated that one option would be to compose a proposed amendment to the CC &R's and circulate that to the buyers who have occupancy at issue now. He went on to state that amendments to the CC &R's could be authorized by a majority of the voters in the Homeowners Association, which, at this point, is still Toll Brothers Development. In response to Councilmember Millhouse's concern that the three -foot setback requirement for pools would preclude the infinity -style pools anticipated to be installed at some homes, Mr. Hogan stated that the setback would not preclude installation, but it would make it more difficult; an infinity pool has water sheeting off the top, over a retaining wall into a trough, and then pumped back up into a reservoir; staff is concerned that these pools will be visible from the public side, creating an interruption to the top of the slope; and if an infinity pool installation is possible, the trough would have to be constructed Minutes of the City Council Moorpark, California Page 8 July 17, 2002 away from the top of the slope and buried below grade, as demonstrated at the model home site. In response to Councilmember Millhouse, Mr. Hogan stated that in order for the requirements to be met before the total 95 homes can be occupied in Phase 1, the Council will have to consider the eight conditions; then give staff direction as to which way they want them to be implemented and under what circumstances. He stated that it is staff's intent to suggest that the Council consider those items on August 21St and then direct staff not to withhold the remaining 50 homes from release. Mr. Hogan summarized by stating that a two stage process could be to: 1) recommend the release and occupancy of the homes that currently have zoning clearances and building permits; and 2) between now and August 21St come back to the Council with recommendations on how to meet the conditions for the release and occupancy of the remaining homes. In response to Councilmember Mikos, Mr. Kueny stated that the use of orchards could be included in the revised Landscape Guidelines. He stated that it is important that specific notification be provided to the owners regarding the use of orchards by adding language to the CC &R's. In response to Mayor Hunter, Mr. Hogan stated that Phase I is defined as the 95 lots as shown on the Tract Map on stamped page 20 of the agenda report. In response to Councilmember Millhouse, Mr. Kueny stated that the representations of the developer have been that the fruit trees qualify as an orchard since they are intended to be used as production trees under professional management for harvest of the fruit. Mayor Hunter stated that several speakers have indicated they will be speaking on behalf of others and asked if the Council desires to waive the rules of procedure to allow these individuals more time to speak. CONSENSUS: By consensus, the Council determined to waive the rules of procedure to allow the speakers, who are >Par�A � n Minutes of the City Council Moorpark, California Pacie 9 Julv 17, 2002 speaking on behalf of a group of citizens, additional time to address the Council relative to this item. Michael Cosenza, a Moorpark resident, addressed the Council on behalf of himself and other Country Club Estates' homebuyers. Relative to the proposed orchard, he stated that the homebuyers are in support of the second alternative as presented on page 4 of the staff report, which states that the Homeowners Association will assume complete responsibility for the maintenance of the orchard. Mr. Cosenza went on to state that the homebuyers, on whose behalf he is speaking, are willing to accept that the Landscape Maintenance District will not include the orchards as long as the contribution to the Special Assessment District by each homeowner is adjusted to reflect the fact that the City is not responsible for this land. Relative to the fence lines, Mr. Cosenza stated that the future homebuyers are not in favor of either alternative presented in the staff recommendation. He stated that another speaker, Ms. Bennett, who also represents the future homebuyers, would present another alternative. Mr. Cosenza continued by asking the City to compromise and allow the complete buildout and occupancy of the entire 95 homes in Phase I. Chris Madrigal, a Moorpark resident, spoke relative to the landscape plans of the Country Club Estates and for the establishment of the orchard. He responded to Councilmember Mikos' concern about the spraying of the fruit trees as a potential concern for homeowners by stating that rather than an application to the foliage, deep -root injections are a commonly accepted method to prevent fruit tree pests and to apply fertilizer to the trees. Mr. Madrigal stated that he has viewed the installation of the deep root irrigation system that has been established on -site and has determined it will encourage deep root growth thus reducing the likelihood of slope failures in the tree planting areas. In response to Councilmember Mikos, Mr. Madrigal confirmed that the landscape guideline document that Minutes of the City Council Moorpark, California Page 10 July 17, 2002 he referred to for his evaluation of the site is the Ventura County Landscape Plan Guidelines. In response to Councilmember Mikos, Mr. Madrigal stated that he has not evaluated the use of avocado trees in this area, but if they are planted in this development, he would have the same concerns about appropriate irrigation to establish deep root structure and slope stability. Doreen Bennett, a Moorpark resident, stated her concern relative to individual home perimeter fence line locations. Ms. Bennett stated that, in summary, the homebuyers want the backyard fences of all lots east and west to remain at the property lines below the slopes as previously planned; and requested clarification of the term "other changes" as quoted in the staff report of July 17, 2002, relative to views being obscured. Craig Messi, Senior Project Manager for Toll Brothers, 7142 Travino Drive, stated that the developer agrees with staff's recommendation No. 1 relative to the fences, with the caveat that Lots 2 through 4 should be included and be consistent with the remainder of the development. He went on to state that Lee Newman would address the technical aspects of the orchards for the Council. Mr. Messi provided a history of the past three years of the development of the orchard plans, the architectural guidelines, and the landscaping on the slopes. He stated that the developer agrees that relative to permit issues, they are in support of recommendation No. 2 and would like to see that instituted. Mr. Messi also stated that in regard to the 36 permits currently issued, they would like to be allowed to continue and would also like to be allowed to start construction of the 25 additional homes. He requested the Council's indulgence for permits for the Clubhouse site, the cart tunnel, and the drain that goes across the driving range. Lee Newman, 31300 Via Colinas #104 Westlake Village, landscape architect for the project, presented his Minutes of the City Council Moorpark, California Page 11 July 17, 2002 view of the orchard development and spoke in support of the proposal. In response to Mayor Hunter, Ms. Traffenstedt acknowledged that numerous people have submitted Written Speaker Cards supporting the homeowners comments received this evening. She announced the following names: Keith Palmquist, Sohair Asaad, Maher Asaad, Rick Hansen, Yvette Palmquist, Barrie Mitchell, Joan Mitchell, Michael Politio, Sharon Polito, Joel Bennett, Mike Nix, Joseph R. Granatelli, Ning -Tian Zhang, Gong -jie Zhang, Kim Ritamelo, John Macik, Melissa Nizdil, Chris Pitaniello, Jou Ming Wueste, Allan Wueste, Mary Leyden, Daanish Arasto, Prem Patel, Eric Grable, J. M. Wick, Duc Nguyen, Naseem Arastu, J. J. Wick, David A. Jacobs, Abul Arastu, Bassim Hijaz, Gordon Mazur, Mike Patel, Herb Goldin, Michael Sullivan, Lori Sullivan, Marsha Goldin, Smita Patie, Ebrahim Barati- Marnani, Mary Ellen Cosenza, Mark Carroll, Richard Duran, Andy G. Lean, Susan Duran, Ruth Lean, and Krist Jansen. In response to Councilmember Mikos and Ms. Bennett's inquiries as to what staff meant regarding "other changes ", Mr. Hogan stated that staff was expressing concerns regarding the City's responsibility to maintain the trees in such a manner as to protect views and "other changes" refers to the growth of plant material to be maintained by the Homeowners Association, if the Council so indicates, thus relieving the City from responsibility. Mayor Hunter stated that he believes the City has an obligation to stand by the decisions made, whether right or wrong, since there is no evidence of any threat to the public health, safety or welfare in supporting the location of the fences and the approval for the orchards appears to have been reconfirmed in a letter dated October 16, 2001, written to the applicant by the former Community Development Director, Wayne Loftus. Mayor Hunter requested that the Council take each item under dispute and reach a consensus with specific direction so that the items under dispute do not come back to the Council again. Minutes of the City Council Moorpark, California Page 12 Julv 17, 2002 A discussion followed between Council and staff regarding the concept of keeping the orchards and focused on: maintenance responsibilities for the slopes going to the Homeowners Association rather than the City's Landscape District; and amending the CC &R's to include the various disclosures to current and prospective homeowners without holding up occupancy. Mr. Kueny stated that: it is not clear in all areas along Championship Drive, where the City's Landscape District, the individual homeowner, or the Homeowners Association is responsible for the maintenance of the slopes; any future amendments to the delineation of the boundaries of the City's Landscape District would have to come back to the Council for determination; and staff would like to return on August 21" with a determination of the natural breaks in the slopes to have a clear demarcation of these boundaries. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to: 1) Direct staff to approve the orchards; 2) Toll Brothers will be required to amend and record the CC &R's to include provisions for private maintenance of orchards by the Homeowners Association, subject to the approval of the amended CC &R's by the Community Development Director and City Attorney; 3) a drip irrigation system will be used for all orchard planting; 4) Toll Brothers will be required to amend the Landscape Maintenance District boundaries to exclude all orchard areas; and 5) Toll Brothers will be required to file an application to amend the General Plan Land Use Policy to allow orchards. Councilmember Mikos asked if the motion included a requirement for prospective buyers to sign an acknowledgment that the orchards will be maintained in private ownership by a private funding mechanism AMENDMENT TO THE PENDING MOTION: Mayor Hunter as the maker of the motion, and Councilmember Millhouse as the second, agreed to an amendment to the pending motion to add the following: and 6) Toll Brothers will be responsible for ensuring that for every lot sold there is a disclosure form signed by a prospective buyer acknowledging that the orchards will be maintained in private ownership by a private funding mechanism. The amended motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. Minutes of the City Council Moorpark, California Paqe 13 July 17, 2002 Mayor Hunter stated that Toll Brothers needed confirmation that they could complete all 95 homes. A discussion followed between the Council and staff which focused on: the placement of the fences, the number of units allowed to be completed, the placement of setbacks for infinity pools; the placement of thresholds on Toll Brothers that do not impact residents currently in escrow or who have deposited fees; whether to tie the fencing issue as an incentive for Toll Brothers to complete the intersection improvements at Grimes Canyon Road and Los Angeles Avenue; and whether, in consideration of safety concerns, to require completion of the intersections at Walnut Canyon Road /Grimes Canyon Road and Championship Drive /Grimes Canyon Road prior to any occupancy. In response to Mayor Hunter, Mr. Messi, stated that the Caltrans permit is expected within the next two days and will need to be followed by a grading permit issued by the City Engineer. Mayor Hunter stated that it is his assertion that now is not the time to consider intersection improvements nor should there be any nexus between the actions at this meeting and those improvements, as this topic is not on the agenda and may even be in violation of the Brown Act. Councilmember Mikos stated that she has concerns about allowing Toll Brothers to move forward with all 95 units, until after the meeting on August 21St due to their past disregard of requirements and numerous violations. Councilmember Millhouse stated he has confidence in Toll Brothers that they will take action to complete the intersection improvements without holding up the occupancy of any of the 95 homes. MOTION: Mayor Hunter moved to: 1) permit the rear yard fences to stay at the previously approved location of 10 to 12 feet below the slope; 2) make no distinction for Lots 1, 2, 3, and 4 in regard to fence location; 3) make no reference to any occupancy with respect to this motion in Minutes of the City Council Moorpark, California Paqe 14 July 17, 2002 terms of number; 4) establish no change in setback requirements from that permitted by Zoning Code; and 5) direct Toll Brothers to insert language in the CC &R's that states that views are not guaranteed by the City or the developer and may at some point in the future be obscured by mature landscaping or other unanticipated changes. AMENDMENT TO THE PENDING MOTION: Councilmember Millhouse stated he would second the pending motion with the following amendments: 1) that the minimum setbacks be only for the infinity pools and that other structures be prohibited in that area, and 2) that the CC &R's be modified to reflect the maintenance requirements for the 10 -12 foot slope area between the top of slope and the fence line. Mayor Hunter concurred with the amendment to the motion. The amended motion carried by voice vote 3 -0, with Councilmembers Harper and Wozniak absent. A discussion followed between Council, staff, and the applicant regarding whether fencing on Lots 1, 2, 3, and 4 would require staff approved Lot Line Adjustments in order to comply with Council's criteria. The consensus of the Council was to allow the fencing below the top of slope on Lots 1, 2, 3, and 4 if all homebuyers preferred this option, with Toll Brothers to submit an application to amend the lot lines consistent with the requirements of law. Mr. Kueny clarified that staff would not allow pool equipment on the slope. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion that these restrictions apply to the 95 lots currently defined as Phase I and will not preclude occupancy approval. The motion carried by voice vote 2 -1, Councilmember Mikos dissenting, Councilmembers Harper and Wozniak absent. Mr. Kueny clarified that staff will schedule for discussion on August 21St all outstanding items that should have been completed by Toll Brothers prior to first occupancy but were not completed. AT THIS POINT in the meeting, a recess was declared. The time was 9:26 p.m. The Council meeting reconvened at 9:52 p.m. Minutes of the City Council Moorpark, California Page 15 Ju1y17, 2002 C. Consider Arroyo Vista Community P. Construction Plan and Scope Recommendation: Approve the draft and scope of work as presented in including under - grounding of the power line. Ms. Lindley gave the staff report. ark Phase II Draft of Work. Staff construction plan the Agenda Report, electrical utility Councilmember Millhouse noted that the construction of the baseball field will impact the use of the soccer fields, which experience dawn to dusk use on Saturdays. He expressed concern that an alternative space needs to be provided for soccer activity prior to the beginning of the baseball field construction. Ms. Lindley stated that there would be very little impact to the AYSO soccer field play, as the City will provide additional soccer field space to accommodate for the fields impacted. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the draft construction plan and scope of work as presented in the Agenda Report, including undergrounding of the electrical utility power lines. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. D. Consider Award of Agreement to Antelope Valley Bus /Coach USA to Operate and Maintain Moorpark City Transit. Staff Recommendation: Accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. Mr. Brand gave the staff report. Gerald Goldstein, 11932 Los Angeles Avenue, discussed public transit concerns within the City of Moorpark. Minutes of the City Council Moorpark, California Paqe 16 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to accept the proposal from, and award a contract to, Antelope Valley Bus /Coach USA for the operation and maintenance of the City fixed route bus, at the not to exceed amount of $225,515 for the first year, and as proposed in subsequent years, and authorize the Mayor to execute the Agreement subject to final language approval by the City Manager and City Attorney. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. E. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: Refer the Development Agreement to the Planning Commission for a public hearing on August 12, 2002, and set August 21, 2002, as the City Council public hearing date. Mr. Kueny gave the staff report. He amended the recommended meeting dates to August 26th for the Planning Commission meeting and September 4th for the City Council meeting. In response to Councilmember Mikos, Mr. Kueny stated that when the Development Agreement is voted to go to the Planning Commission, typographical errors will be corrected, and the issue regarding the life of the project, including the regulatory agreement and the bond, would be clarified to reflect the life of the project, which could be for 100 years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no public speakers. CONSENSUS: By consensus, the Council determined to refer the Development Agreement to the Planning Commission for a public hearing on August 26, 2002, and set the City Council public hearing date for September 4, 2002. 11. CONSENT CALENDAR: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Item 11.F., which was pulled from the Consent Calendar for individual consideration. The motion carried by roll call vote 3 -0, Councilmembers Harper and Wozniak absent. .f o p �1 4 O� Minutes of the City Council Moorpark, California Page 17 July 17, 2002 A. Consider Approval of Minutes of Regular Meeting of Auqust 1, 2001. Consider Approval of Minutes of Regular Meeting of March 6, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - July 17, 2002. Manual Warrants 109737 - 109743 & $ 1,707.36 109852 Voided Warrants 107991 & 108011 & $(2,085.03) 108142 & 108267 & 108976 & 109644 & 109663 & 109665 & 109668 & 109738 & 109739 & 109767 & 109741 - 109743 Payroll Liability 109729 - 109736 $ 13,167.32 Warrants Regular Warrants 109748 - 109851 $397,797.49 Staff Recommendation: Approve the warrant register. C. Consider Adoption of Resolution Amending the Fiscal Year 2001/2002 Budget by Appropriating Older Americans Act (OAA) Grant Funds for Senior Center Capital Expenditures and Lifeline Devices. Staff Recommendation: Adopt Resolution No. 2002 -1990 approving an amendment to the Fiscal Year 2001/2002 Budget by appropriating $18,738 in OAA grant funds for Senior Center capital expenditures and lifeline devices. (Roll Call Vote Required) D. Consider Fiscal Year 2002/2003 Budqet Amendment for Repairs to the Community Center. Staff Recommendation: 1) Adopt Resolution No. 2002 -1991, amending the FY 02/03 Budget by appropriating $24,500 from the General Fund Reserve Balance for repairs to the Apricot Room roof drains and Community Center Breezeway; and 2) authorize the City Manager to amend the Agreement with D101.A'aIfl 4"'b11 Minutes of the City Council Moorpark, California Page 18 July 17, 2002 Allen Bornstein Construction, Inc. to perform the roof drain work at a cost not to exceed $3,700. (Roll Call Vote Required) E. Consider Authorizing the City Manager to Approve a Two -Year Contract with Videomax Productions, Inc. for Provision of cable Government Channel Production, Operations, Maintenance, and Related Services. Staff Recommendation: Direct the City Manager to approve a two -year agreement with Videomax Productions, Inc., with an approximate 6 percent increase effective July 1, 2002. G. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement regarding acquisition of property between Pardee Homes and the City of Moorpark. H. Consider an Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark to Acquire Certain Real Property for Public Street Purposes. (Tentative Tract Map No. 5045). Staff Recommendation: Approve Agreement Regarding Acquisition of Property between Pardee Homes and the City of Moorpark. The following Item was pulled for individual consideration: F. Consider Moorpark Boys & Girls Clubs /Packer Football and American Youth Soccer Association (AYSO) Use Agreements. Staff Recommendation: Approve five -year use agreements with Moorpark Boys and Girls Club /Packer Football and American Youth Soccer Organization, pending any final language changes by the City Manager and City Attorney and authorize the City Manager to execute the agreements on behalf of the City. Mr. Hartnett stated that this item has been pulled to be rescheduled, as AYSO was unable to send a representative to attend this meeting, and they wish to be present to discuss the indemnification clause in the use agreement. a�R�ra �'an Minutes of the City Council Moorpark, California Page 19 July 17, 2002 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded the motion to reschedule this item to August 21, 2002. The motion carried by voice vote 3 -0, Councilmember Harper and Wozniak absent. 12. ORDINANCES: A. Consider Ordinance No. 282, an Ordinance of the Cit of Moorpark, California, Rescinding Ordinance No. 244, which Adopted Specific Plan Zoning Designations and Development Standards for Properties within Hidden Creek Ranch Specific Plan (Specific Plan 8 /Specific Plan 93 -1) . Staff Recommendation: Declare Ordinance No. 282 read for the second time and adopted as read. Mr. Montes read the title of Ordinance No. 282. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to waive further reading of Ordinance No. 282. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to declare Ordinance No 282 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Items 13.B. (ten cases) and 13.C. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 13.B (ten cases) and 13.C. The motion carried by voice vote 3 -0, Councilmembers Harper and Wozniak absent. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 10) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) a r^ 3 .1 z Minutes of the City Council Moorpark, California Paqe 20 July 17, 2002 The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Redevelopment Agency closed session. The time was 10:07 p.m. The Council reconvened into closed Present in closed session were Councilmember Millhouse, and Mayor City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. session at 10:27 p.m. Councilmember Mikos, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 10:55 p.m. Mr. Kueny stated that ten cases under Item 13.B. and Item 13.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 10:55 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk y ea j 4 � -4 • '.J -.L S MINUTES OF THE CITY COUNCIL Moorpark, California September 4, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 4, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:44 p.m. 2. INVOCATION: Bishop Nyles L. Christensen, Church of Latter -Day Saints, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Robert LeMay, Ventura County Sheriff's Department, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Wozniak, and Mayor Hunter. Absent: Councilmember Harper. Staff Present: Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Robert LeMay, Ventura County Sheriff's Department; Julie C.T. Hernandez, Senior Management Analyst; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Blanca Garza, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Proclaiming September 11, 2002, as Recognition of Freedom, a Day of Remembrance. Minutes of the City Council Moorpark, California Paqe 2 September 4, 2002 Mayor Hunter presented the proclamation to Captain LeMay, Ventura County Sheriff's Department. B. Introduce new City Employee, Steven Valdez, Planning Technician I. Mayor Hunter introduced Steven Valdez, Planning Technician I. 6. PUBLIC COMMENT: Councilmember Millhouse addressed a concern that was raised by Mr. Colin Velasquez at the last meeting regarding a closed session property negotiation item and a potential conflict of interest. He stated that he spoke to the City Attorney regarding this concern and does not believe that he has spoken on the item or that there is a conflict. He stated, however, that because of the perception of any conflict, he would not participate in any discussion regarding Mr. Velasquez's property, and would recluse himself accordingly. AT THIS POINT in the meeting, the City Council meeting was recessed to convene the Moorpark Redevelopment Agency meeting. The time was 6:52 p.m. The City Council meeting reconvened at 6:53 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Riley requested that Items 10.C. and 10.E. be continued to the September 18, 2002 meeting. He further requested that Items ll.F., 11.G. and ll.K. be pulled from the Consent Calendar for discussion. CONSENSUS: By consensus, the Council determined to reorder the agenda and consider Items 10.C. and 10.E. prior to Announcements and Future Agenda Items. 10. PRESENTATION /ACTION /DISCUSSION: C. Consider Proposed Siqn Proaram for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, -085 and -105). Staff Recommendation: Approve ane'NA "► '..i v-, , -r hd Minutes of the City Council Moorpark, California Page 3 the Master Sign Program recommended modifications. MOTION: Councilmember Mikos Wozniak seconded a motion to September 18, 2002. The motion Councilmember Harper absent. September 4, 2002 subject moved and continue carried by to the staff Councilmember Item 10.C. to voice vote 4 -0, E. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002- updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to continue Item 10.E. to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos announced that the next guided hike would take place at Happy Camp Canyon Regional Park on September 7, 2002, from 2:00 p.m. to 7:00 p.m. Mayor Hunter announced the following events: Moorpark After Dark Back to School Dance on September 9, 2002, 7:00 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; Teen Band Jam on September 13, 2002, 7:30 p.m. to 10:00 p.m. at the Arroyo Vista Recreation Center; and, Skate Park Contest on September 12, 2002, 3:00 p.m. to 4:00 p.m. with regular skating activities on Tuesdays and Wednesdays, 3:00 p.m. to 6:00 p.m. at the Arroyo Vista Skate Park. 9. PUBLIC HEARINGS: A. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 285 for first reading. elk ---W `r e.l L hs r Minutes of the City Council Moorpark, California Paqe 4 September 4, 2002 Mr. Hogan presented the staff report and requested the following changes to the Development Agreement: - Pg. 5, Item 3, Line 7, change "July 17 2002" to "July 10, 2002 "; - Pg. 11, Section 6.3, Sentence 7, strike "which" after "annual adjustment "; - Pg. 12, Section 6.4, Sentence 5, strike "which" after "annual indexing "; - Pg. 12, Section 6.5, Sentence 7, strike "which" after "annual adjustment "; - Pg. 13, Section 6. 6, Sentence 4, insert "per unit" after "($4,250) "; - Pg. 13, Section 6.6, Sentence 6, strike "which" after "annual indexing "; and - Pg. 18, Section 6.10, last paragraph, insert "for the life of the project" after "assisted living facility." Mr. Hogan concluded by stating that the amendments reorder the preambles and change the date in the ordinance. Mayor Hunter opened the public hearing. Steve Gall, Executive Vice President of USA Properties, 2440 Professional Drive, Suite 100, Roseville, extended appreciation to the City and staff; agreed with the proposed language changes in the Development Agreement; and stated that grading would begin in approximately mid - September. He noted that based on his quick review of the allocation list, he is confident that the funding is in place for the tax - exempt bond financing. Ron Andrade, Chairman of the Board of Candelaria American Indian Council for Ventura County, and Chairman of the Native American Indian Intertravel Association of Ventura County, 300 Moorpark Avenue, spoke in opposition to the permit and development. He stated that both organizations should have been notified because the project is receiving public funding and that they should have been given the opportunity to review the environmental documents to determine whether there were any impacts to the C; ��C9 Minutes of the City Council Moorpark, California Paae 5 September 4, 2002 American Indian community. He stated that he would continue to oppose the development until his organizations have reviewed the California Environmental Quality Act (CEQA) or National Environmental Protection Act (NEPA) documents. He referenced a situation regarding a resident who experienced administrative roadblocks when seeking a permit for a retaining wall and driveway, and commented that the permit process is easier for big companies than for small organizations or individuals. He stated that equal treatment should be given by the City's Engineer Office and the Community Development Department. He further stated that his organization would continue to press the matter until the issue of equal treatment is resolved. In response to Mayor Hunter, Mr. Hogan stated that the City has complied with the CEQA statutory notification requirements with regard to this project. He stated that this is not a federal project and does not fall under NEPA guidelines. He clarified that pursuant to CEQA, a Negative Declaration was prepared. He stated that the City has not received a prior request from the two organizations referenced by Mr. Andrade requesting notification, but would put them on the list as soon as the request is made in writing. He further stated that a records check of known sites was performed and there is no known archeological site on the project site. He said that if such a find is discovered the work will cease and a monitor will come out and review the site. He explained that if, under the grading conditions, a find is exhumed, the City would follow the CEQA requirements. Mayor Hunter requested staff provide a report on the matter regarding the wall and driveway concerns expressed by Mr. Andrade for review at the next meeting. He explained that the Council is precluded by law from taking action on any item that is not on the agenda. Councilmember Millhouse stated sensitive to archeological sites wishes to be notified of develo their request will be fulfilled. encouraging that should something grading or excavation, there is a that the City is and that if anyone pments in the City, He stated that it is be found during the policy in place that Minutes of the City Council Moorpark, California Paqe 6 September 4, 2002 would stop all work so that situation can be assessed and handled properly. He explained that the permitting process could sometimes be cumbersome depending on the complexity of problems associated with each request, however, all requests are treated equally, and the City does address them when concerns arise. Mayor Hunter agreed that some difficulties do occur during the permit process, but the City takes each request seriously and tries to resolve each issue in a fair and equitable manner. Councilmember Mikos thanked the speaker for raising the issue because it reminds everyone of what the City should be doing. She noted that there is a specific condition regarding archeological finds in the conditions of approval for this project. Mayor Hunter closed the public hearing. Ms. Traffenstedt read the ordinance by title. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 285. The motion carried by voice vote 4 -0, Councilmember Harper absent. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 285 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Harper absent. B. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. Staff Recommendation: Open the public hearing, take testimony, and continue hearing to September 18, 2002. Minutes of the City Council Moorpark, California Paqe 7 September 4. 2002 Mr. Riley presented the staff report. He requested that the City Council refer the security and lien position issues to the Budget and Finance Committee for further review and recommendation. Mayor Hunter opened the public hearing, and there were no requests from the public to speak on this matter. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to refer the outstanding issues to the Budget and Finance Committee for review and continue the public hearing open to September 18, 2002. The motion carried by voice vote 4 -0, Councilmember Harper absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one -year term to end on June 30, 2003. Ms. Traffenstedt presented the staff report. Mayor Hunter commented on the difficulty in recruiting representatives from the 7th and 12th grades. In response to Mayor Hunter, Ms. Lindley stated that staff approached each of the schools, but that efforts may have been hampered due to the process being performed at the end of the school year. In response to Councilmember Mikos, Ms. Lindley stated that staff did not go to the high school class at Moorpark College. Mayor Hunter recommended that staff contact Captain LeMay's staff at the high school. He further recommended waiving the rules to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to appoint Andrea Green, Sanaz Keyhani, Zahabiya Chithiwala, Britteny Best, Todd Koszela, Taylor Skinner, Greg Priebe, Shannon Pflaumer, Nick Semnani, Shauna Marsh, and Elizabeth Saidkhanian to the Teen Council for a one -year term to end on June 30, 2003. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 8 September 4, 2002 B. Consider Appointments to the Ventura County Area Agency on Aging. Staff Recommendation: Appoint one (1) representative and one (1) alternate to the Area Agency on Aging for a two -year term from July 1, 2002, through June 30, 2004. Ms. Traffenstedt presented the staff report. Mayor Hunter requested that the rules be waived to facilitate making one motion. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to appoint Morrie Abramson as representative and Anthony Bellasalma as alternate to the Ventura County Area Agency on Aging. The motion carried by voice vote 4 -0, Councilmember Harper absent. D. Consider Discussion of Replacement of Nonconformin Structures when Destroyed by More than Fifty Percent (500) Chapter 17.52 (Nonconformities and Substandard Lots) . Staff Recommendation: Direct staff to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses. Mr. Hogan presented the staff report. Councilmember Mikos requested that staff reference the appropriate sections of the Municipal Code in the letter so that individuals can take the letters to their lenders. In response to Councilmember Millhouse, Mr. Hogan stated that a letter would be sent to Mrs. Tash and any other property owner requesting a similar letter. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the staff recommendation to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses and to provide additional letters to homeowners and lenders when requested. The motion carried by voice vote 4- 0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Page 9 September 4, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Mikos seconded a motion to pull Items 11.F., 11.G., and 11.K. for individual consideration, and to approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Harper absent. A. Consider Approval of Minutes of Special Meeting of Auaust 27, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - September 4, 2002. Voided Warrant 110378 $ 0.00 Regular Warrants 110375 - 110390 & $ 281,305.23 110523 - 110526 $ 2,054.91 Staff Recommendation: Approve the warrant register. C. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 4, 2002. Manual Warrant 110432 $ 270.00 Payroll Liability 110433 - 110439 $ 11,043.84 Warrants Regular Warrants 110391 - 110431 & $ 789,666.35 110440 - 110522 $ 21,184.24 Staff Recommendation: Approve the warrant register. D. Consider Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA), as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. E. Consider Director Determination of Use in the M -1 Zone for a Proposed Harley Davidson Dealership Pursuant to Section 17.040.050J. Staff Recommendation: Concur with the Community Development Director's determination. Minutes of the City Council Moorpark, California Page 10 September 4, 2002 F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark/Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. H. Consider Resolution Designating the Intersection of Cedarpine Lane and Deering Lane to be a Stop Intersection and Directing the Placement of STOP Signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1998. I. Consider Third Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL- CIO, CLC Local 998. Staff Recommendation: Authorize the City Manager to approve the Third Addendum to the MOA with the final language to be approved by the City Manager. J. Consider Ventura County Community Foundation Grant Resolution for the Moorpark Senior Center. Staff Recommendation: Adopt Resolution No. 2002 -1999, authorizing submittal of a grant application to the Ventura County Community Foundation to fund a bilingual older adult exercise class and authorizing the City Manager to serve as signatory for the grant. K. Consider Approval of Final Ma2 for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.) . Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Minutes of the City Council Moorpark, California Page 11 September 4, 2002 The following items were pulled from the Consent Calendar for individual consideration: F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. Ms. Hernandez reviewed the following changes to the MOU, which provide clarity as to what the City is agreeing to within the MOU: 1) Title - Add Moorpark College to the title and throughout the document to clarify what the college will be doing for the City in the partnership; 2) Term - Since the term of the MOU cannot be specified due to changes or any unexpected delays in the award process, staff is asking approval of the 36 -month term from the date of the award; 3) In -kind Match - Clarified that where staff time will be provided, applies to the use of computer and software that will be used by staff only; 4) Duties of Moorpark NFL and Moorpark College - NFL will provide programming administration of funds, and Moorpark College (actual fiscal agent) will do accounting and accounts receivable, and other types of administrative support; 5) Housing - The "housing" that will be provided for by the college will be in the form of an "office "; 6) Responsibilities - Change the childcare scholarships for full range 0 -5 years (not original target of 0 -2 years) to enhance the goal to service from 100 to 200 children; 7) Mobile Services - Insert and identify neighborhoods that will receive mobile services as a minimum; 8) Under - One -Roof - type of office would be located in downtown area; and 9) Addition of Moorpark's responsibilities for clarity. Minutes of the City Council Moorpark, California Page 12 September 4, 2002 Mayor Hunter commented on the ambiguity of the term "children ages 0 -5 ". Ms. Hernandez explained that "0" takes into account pregnant mothers. Mayor Hunter pointed out that prenatal care was not included on page 159 and suggested changing the language to read "prenatal care and children through the age of 5." Councilmember Mikos stated that the community has been awaiting this program for quite some time. She provided the following list of services for the benefit of the public: childcare scholarships, enhanced skills, beginning new child care centers, support groups, donation activities, dial -a -ride for medical and social service appointments, mobile services for certain neighborhoods including Villa Campesina, Campus Park East and West, La Colonia, Home Acres, Happy Camp, and ranches surrounding Moorpark. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NFL) with the adjusted changes, subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. The motion carried by voice vote 4 -0, Councilmember Harper absent. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002 -2000. Ms. Traffenstedt stated that this item was pulled to revise the definition of "veteran" to read as follows: "Veteran ": This definition shall have the same meaning as in Section 18973 of the State Government Code, for the purposes of determination of veterans preference in establishment of an employment list following a competitive examination (pursuant to Section 7.1 of these Rules). MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to adopt Resolution No. 2002- 2000, as amended by staff. The motion carried by voice vote 4 -0, Councilmember Harper absent. Minutes of the City Council Moorpark, California Paae 13 September 4, 2002 K. Consider Approval of Final Map for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.). Staff Recommendation: 1) Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." Mr. Brown explained that this item was pulled because the final map had not been received until today, but that staff now has the materials from the developer and feels that the final map is recordable. He stated that staff is satisfied that the map is both technically correct and in substantial conformance with the conditions of approval. He stated that the agenda report outlines some NPDES requirements that are satisfied by agreements executed by the developer. He concluded by stating that the map itself, the deed from the existing property owner, and the indemnity agreement would be recorded concurrently so the outstanding issue of the owner being identified in the indemnity agreement has been resolved. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to: 1) Accept the offers of dedication on the Final Map; 2) Direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) Authorize the City Manager to sign, and direct the City Clerk to record the `Hold Harmless Agreement - National Pollutant Discharge Elimination System." The motion carried by voice vote 4 -0, Councilmember Harper absent. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. a � , a .� -� ►•y Minutes of the City Council Moorpark, California Page 14 September 4, 2002 14. ADJOURNMENT: MOTION: Councilmember Millhouse moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by voice vote 4 -0, Councilmember Harper absent. The time was 7:52 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California September 18, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on September 18, 2002 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tempore Mikos called the meeting to order at 6:45 p.m. 2. INVOCATION: Pastor Tony Amatangelo, Life Spring Community Church, gave the invocation. 3. ROLL CALL: Present: Councilmembers Harper, Millhouse, Wozniak, and Mayor Pro Tempore Mikos. Absent: 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; Walter Brown, City Engineer; Sergeant Mike Aranada, Sheriff's Department; John Brand, Senior Management Analyst; Dave Bobardt, Planning Manager; John Hartnett, Recreation Superintendent; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PLEDGE OF ALLEGIANCE: (Part of Opening Ceremony for Senior Games, Item 5.A.) Vera Sorrels led the Pledge of Allegiance. 5. PROCLAMATIONS AND COMMENDATIONS: A. Opening Ceremony for Senior Games. Mayor Pro Tempore Mikos announced the Opening Ceremony for the Senior Games. A brief presentation followed 0 ,fN0,q -s ..rJ- 4-1 Minutes of the City Council Moorpark, California Page 2 September 18, 2002 with comments by Mayor Pro Tempore Mikos and Vera Sorrels. B. Recognize Country Days Logo Contest Winner - Emily Sarpolus. Mayor Pro Tempore Mikos presented a certificate of recognition to Emily Sarpolus. C. City Manager's Monthly Report. Barry Hogan, Community Development Director, gave the monthly report. Mr. Hogan introduced his staff and gave an update on approved projects under construction and projects for which applications are in the review process. 6. PUBLIC COMMENT: Cindy Hollister, a Moorpark resident, discussed the new website, moorparkuncensored.com, which features articles about City Council candidates and issues relating to the City Council, Planning Commission, and Redevelopment Agency, a public service webpage highlighting different businesses, web pages devoted to children and animal friends, and a webpage to voice opinions on the editor's page. Manual Tessia, Moorpark resident, provided a history of his property, which is the subject of Consent Item No. 11.J. He raised concerns about his grading permit application, and requested he be allowed to make improvements to his property. Ron Andrade, a Moorpark resident, stated that Mr. Tessia is a professional engineer. He discussed his civil rights experience and raised concern that staff feels they have unfettered discretionary authority. He requested that the Council resolve this issue and approve the driveway, since there are no code violations, nor is a grading permit necessary. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that Mr. Tessia admitted to building a retaining wall without a permit. He stated that staff would determine the amount of dirt moved, at which time it can be determined whether a grading permit is needed. Minutes of the City Council Moorpark, California Page 3 September 18, 2002 In response to Councilmember Millhouse, Mr. Kueny stated that staff informs anyone coming to the counter whether a permit is required. Mr. Hogan stated that plans were submitted in 1999 showing that 90 -cubic yards of dirt would be moved and, as a result, a Zone Clearance was granted by the Planning Department. He stated that the applicants applied for a permit and a plan check was performed, but a final permit was never approved; therefore, the plan check expired. He stated that now the applicant wants to move only 43 -cubic yards of dirt resulting in a difference between the two plans, which needs to be evaluated by staff to determine whether a grading permit is necessary. He stated that the applicant has submitted new plans for the retaining wall and grading. He concluded by stating that if a grading permit is not necessary then one will not be required; however, a permit will be needed for the retaining wall. Mayor Pro Tempore Mikos stated that this item is on the agenda, and that if further discussion is needed, this item should be pulled from the Consent Calendar and discussed at the appropriate time. Diane Galvin, President of Moorpark Rotary Club, thanked the City for its generous contribution towards the Civil War Reenactment Fundraiser, which is scheduled for November 2 -3, 2002. She discussed the planned event and the non- profit organizations that were sponsored as a result of the event last year. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that Item No. ll.H. be pulled from the Consent Calendar for individual consideration. Mr. Hogan requested that Item No. ll.J. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tempore Mikos announced the Arroyo Cleanup Day scheduled for September 21, 2002, from 9:00 a.m. to 12:00 p.m. at Arroyo Vista Recreation Center. She invited everyone to attend the Country Days celebration on September 28, 2002, 9:30 a.m. to 4:00 p.m., in Downtown Minutes of the City Council Moorpark, California Page 4 September 18, 2002 Moorpark. She further invited everyone to participate in the Relay for Life Fundraiser on September 28, 2002. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:19 p.m. The City Council meeting reconvened at 7:20 p.m. 9. PUBLIC HEARINGS: A. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. (Continued with public hearing open from September 4, 2002 meeting.) Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny requested that this item be continued to October 2, 2002, to allow the Budget and Finance Committee time to meet and prepare a recommendation. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue the public hearing open to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Zoning Ordinance Amendment Case No. 2002 -04, an Ordinance to Amend Chapter 17.30 of the Moorpark Municipal Code Related to Lighting Regulations. (Continued with public hearing open from August 21, 2002 meeting.) Staff Recommendation: 1) Continue with the open public hearing and accept additional public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04; 3) Introduce zone change Ordinance No. 286 for first reading. Mr. Bobardt gave the staff report. Minutes of the City Council Moorpark, California Page 5 September 18, 2002 Mayor Pro Tempore Mikos announced that the public hearing was still open. Councilmember Harper stated that he teaches in the astronomy program at Moorpark College and concurs with the staff recommended wording. Mayor Pro Tempore Mikos raised concern about the drop - down lenses and suggested that the ordinance be modified so that they are not used in the areas north of the State Route 118 freeway. Councilmember Harper explained that the problem exists with the bulb itself and not the exposed area below the shield and light fixture, which has been addressed in the staff report. Councilmember Millhouse concurred that staff has addressed the concerns of Moorpark College. In response to Mayor Pro Tempore Mikos, Mr. Hogan stated that a specific plan could address lighting separately; however, the ordinance should remain consistent. Councilmember Wozniak stated that the language in the ordinance allows the City the option of choosing the lighting for a project. In response to Mayor Pro Tempore Mikos, Councilmember Harper stated that there are diverse opinions regarding the lighting problems at the College. He explained that the main concern is the unshielded lighting and the side - lighting on the industrial buildings. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to adopt Resolution No. 2002 -2001, adopting the Negative Declaration prepared on behalf of Zoning Ordinance Amendment Case No. 2002 -04. The motion carried by voice vote, 4 -0, Mayor Hunter absent. Mr. Montes read the ordinance by title. r4 Minutes of the City Council Moorpark, California Page 6 September 18, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 286. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 286 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. C. Consider General Plan Amendment No. 2002 -03 and Zone Change No. 2002 -03 on the Application of Toll Brothers, Inc. and the City of Moorpark to Amend the Land Use Element, Land Use Map and Zoning Map, in order to: 1) Align Land Use Designations and Zones with Lot Lines in Vesting Tentative Tract Map No. 4928; 2) Allow for a Lot Line Adjustment with an Adjacent Piece of Land for the Development of a Water Tank Site; and 3) Clarify Policy Related to the Separation of Residential Uses from Agricultural Uses. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2002 -2002 to adopt the proposed amendments to the General Plan Land Use Element and Map prepared on behalf of General Plan Amendment Case No. 2002 -03; and 3) Introduce zone change Ordinance No. 287 for first reading. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Craig Messi, representing Toll Brothers, 7142 Trevino Drive, spoke in support of the staff recommendation. Ms. Traffenstedt stated that one written statement card was received from Tamara Husted, a Moorpark resident, in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Millhouse Harper seconded a motion to adopt adopting the proposed amendments Use Element and Map prepared of Amendment Case No. 2002 -03. ThE vote 4 -0, Mayor Hunter absent. moved and Councilmember Resolution No. 2002 -2002, to the General Plan Land behalf of General Plan motion carried by voice Minutes of the City Council Moorpark, California Page 7 September 18, 2002 Mr. Montes read the ordinance by title. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive full reading of Ordinance No. 287. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 287 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Minor Modification No. 1 to Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -01 to Modify the Conditions of Approval Pertaining to Drainage Matters. Applicant: TR Partners, LLC. (APN 512 -0- 131 -070). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. Mr. Hogan gave the staff report. Mayor Pro Tempore Mikos opened the public hearing. Patrick Leyden, representing TR Partners, LLC, 4386 Manorview Court, Moorpark, spoke in support of the staff recommendation. Mayor Pro Tempore Mikos closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -2003 approving Minor Modification No. 1 to Tentative Tract 5181 and Residential Planned Development No. 99 -01. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Conduct a Public Hearing to Receive Testimony to Update the City's Library Facility Fee and Adopt a Resolution Approving the Revised Library Facility Fee. Staff Recommendation: Open the Public Hearing to receive testimony, close the Public Hearing, adopt Resolution No. 2002 -2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. Minutes of the City Council Moorpark, California Paqe 8 September 18, 2002 Ms. Lindley gave the staff report. In response to Councilmember Harper received from Building Industry Lindley stated that all libraries are experiencing deficits. She E target square foot goal for library of Camarillo is 0.75 foot per significantly higher than the City and that the staff recommendation is regarding a letter Association, Ms. in Ventura County explained that the space for the City capita, which is of Santa Clarita, justified. In response to Councilmember Harper that the burden is being placed on new construction, Ms. Lindley stated that the City currently collects fees on new development and that staff is requesting that the fee be increased. Mr. Kueny explained that the fee structure is patterned after the police and fire facilities fees and is always collected on new development. He stated that new development is not being asked to carry the burden of existing deficiencies, but only for future population growth. Councilmember Millhouse clarified that the City would still have to generate funds for existing deficiencies. Councilmember Wozniak discussed regional library funding shortfalls and stated that the City has an obligation to service the community. Councilmember Harper stated that book collection space is required regardless of the size of the City, and should be comparable to that of larger neighboring cities. In response to Mayor Pro Tempore Mikos, Mr. Kueny responded that the actual average number of residents per dwelling units is almost 3.4 for single - family residences, but the City is using the lower estimate of 3.04 for the fee calculation. Mayor Pro Tempore Mikos opened the public hearing. Rondi Guthrie, Building Industry Association (BIA), 24005 Ventura Blvd., Calabasas, requested a continuance in order to review the staff report. She / Minutes of the City Council Moorpark, California Page 9 September 18, 2002 stated that only Moorpark has a library fee in Ventura County, and expressed concern about how the fees were calculated, and on the large increase. She noted that the North Park project was not included and felt that the information provided in the staff report was inadequate. Mayor Pro Tempore Mikos explained that if the North Park project goes forward, there would be an increase in population and library needs. She stated that the North Park project is still in the proposal stage; therefore, that project should not be considered in the calculations until after it receives Council approval. She further explained that the staff recommendation is at the lower end of the national average. Councilmember Millhouse expressed concern that the City's library needs may change based on new technology and that the fees may prevent a segment of the population from living here. He spoke in support of continuing this item to the next meeting to address the concerns raised, and to gain some support from BIA. Councilmember Harper stated that the BIA has some valid concerns; however, housing affordability is not an issue, because the fees could be waived under the Affordable Housing Agreements. Mr. Kueny concurred that the Council has the option to consider waiving the fees. Mayor Pro Tempore Mikos commented that fees were negotiated for the Vintage Crest project. She spoke in support of the staff recommendation and stated that the concerns raised by the BIA could be clarified at the staff level. Mayor Pro Tempore Mikos closed the public hearing. Councilmember Millhouse reiterated his support for a continuance based on the concerns raised by the BIA and his concerns regarding cost of housing and the impacts to those that may not qualify. r Minutes of the City Council Moorpark, California Page 10 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002- 2004, revising the Library Facility Fee as identified in the Agenda Report to be effective 60 days hereafter, which will be November 18, 2002. The motion carried by voice vote 3 -1 -0, Councilmember Millhouse opposed and Mayor Hunter absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105). (Continued from September 4, 2002 meeting.) Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. Mr. Hogan requested that this item be continued. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to continue this item to October 2, 2002. The motion carried by voice vote 4 -0, Mayor Hunter absent. B. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. (Continued from September 4, 2002 meeting.) Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002 -2005, updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) Mr. Brand gave the staff report. In response to Councilmember Harper, Mr. Brand replied that the hauler replaces containers if they are damaged by the hauler or a third party. Minutes of the City Council Mooroark. California PaQe 11 September 18, 2002 Mr. Kueny clarified that the hauler would provide a replacement the first time the container is damaged, but would probably charge the resident if it happens repeatedly. In response to Councilmember Millhouse regarding future implementation of a recycling program for commercial properties, Mr. Montes replied that the Resolution addresses several aspects of increasing recycling programs. In response to Mayor Pro Tempore Mikos regarding the super recycler rate, Mr. Brand stated that a resident could pay an additional cost per month for a larger recyclable container and not lose the super recycler rate. Mr. Kueny stated that the option could be clarified as a footnote to the exhibit. Chuck Anderson, representing Moorpark Rubbish, 490 Industrial Street, Simi Valley, responded to Councilmember Harper's question by stating that his policy is to replace the first barrel that is damaged; however, further investigation would be conducted as to the cause or reason for the damage. He noted that typically, the damage is caused by the hauler's equipment. Mike Smith, representative from GI Rubbish, from his seat in the audience, concurred with the statements made by Mr. Anderson. In response to Mayor Pro Tempore Mikos, Mr. Montes stated that no other change is needed except for the City Manager's recommendation to add clarification in the footnote of the exhibit. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; 2) Adopt Resolution No. 2002- 2005, as amended, updating the Solid Waste Collection Fees effective January 1, 2003. The motion carried by roll call vote 4 -0, Mayor Hunter absent. Minutes of the City Council Moorpark, California Page 12 September 18, 2002 C. Consider Ordinance to Amend Municipal Code 12.16, Parks, and Adopt a New Park Reservation Fees and Policies Resolution to Limit the Use of Amplified Sound in City Parks and other Use Revisions. Staff Recommendation: Introduce Ordinance No. 288 for first reading, and adopt Resolution No. 2002 -2006. Mr. Hartnett gave the staff report. In response to Councilmember Millhouse, Mr. Hartnett stated that youth sports have separate rules. Mr. Montes read the ordinance by title. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 288. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 288 introduced for first reading. The motion carried by voice vote 4 -0, Mayor Hunter absent. D. Consider Scheduling a Council Workshop to Review and Discuss Design of New Police Services Center. Staff Recommendation: Schedule work session to review concept design recommendations for the Police Services Center for October 9, 2002 at 6:30 p.m. Mr. Riley gave the staff report. Mr. Kueny noted that the workshop would also include a work session on the State Route 23 study that the City Engineer's Office has prepared. In response to Mayor Pro Tempore Mikos, Mr. Kueny stated that this is a Council issue and should not be considered jointly with the Planning Commission. In response to Councilmember Millhouse, Mr. Kueny stated that it would be a public workshop, but would not be televised. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to schedule a work session to review concept design recommendations for the Police Services Center for October 9, 2002, at 6:30 p.m. Minutes of the City Council Moorpark, California Page 13 September 18, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to pull Items 11.H. and ll.J. for individual consideration, and approve the balance of the Consent Calendar. The motion carried by roll call vote 4- 0, Mayor Hunter absent. A. Consider Approval of Minutes of Regular Meeting of April 3, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Reconsideration of Approval of March 6, 2002, Regular City Council Meeting Minutes and Reconsideration of Vote on July 17, 2002. Staff Recommendation: 1) Reconsider approval of July 17, 2002, Regular City Council meeting minutes; 2) Reconsider vote on July 17, 2002; and 3) Adopt the corrected March 6, 2002 minutes. C. Consider Approval of Warrant Reaister for Fiscal Year 2001 -2002 - September 18, 2002. Voided Warrant 109788 $ (39.58) 110375 $(128,926.55) Regular Warrants 110527 - 110528 & $ 25,599.24 110559 - 110565 $ 105,084.59 Staff Recommendation: Approve the warrant register. D. Consider Approval of Warrant Reaister for Fiscal Year 2002 -2003 - September 18, 2002. Manual Warrants $ 0.00 Voided Warrants 110451 & 110624 $ (95.00) Payroll Liability 110551 - 110558 $ 13,228.90 Warrants Regular Warrants 110529 - 110549 & $ 40,574.14 110566 - 110619 & $ 11,515.92 110620 - 110640 $520,736.12 Staff Recommendation: Approve the warrant register. E. Consider Adoption of a Policy Resolution Regarding Local Government Involvement in the Adel hia Bankruptcy Proceedings. Staff Recommendation: Adopt Resolution No. 2002 -2007. Minutes of the City Council Moorpark, California Paqe 14 September 18, 2002 F. Consider Moorpark Soccer Club (MSC) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Soccer Club (MSC) , as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. G. Consider Resolution Authorizing Access to Sales and Use Tax Records. Staff Recommendation: Approve Resolution No. 2002 -2008, updating the list of City positions that are authorized access to confidential sales and use tax records, and rescinding Resolution No. 95 -1108. H. City of Moorpark General Plan Annual Report including Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. I. Consider California Law Enforcement Equipment Program ( CLEEP) Expenditures. Staff Recommendation: Approve purchase of listed equipment with CLEEP funds. ROLL CALL VOTE REQUIRED J. Consider Issues Relating to 323 Casey Road Regardinc Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. K. A Resolution Designating the Intersection of Millard Street and Roberts Avenue to be a Stop Intersection and Directing the Placement of STOP signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002 -2009. The following items were pulled from the Consent Calendar for individual consideration: H. City of Moorpark General Plan Annual Report includin Housing Element Progress Report - September 2001 to August 2002. Staff Recommendation: 1) Receive and file the report; and 2) Direct staff to forward a copy of this report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. Minutes of the City Council Moorpark, California Paqe 15 September 18, 2002 Mr. Hogan clarified that the following changes requested by Mayor Pro Tempore Mikos would be incorporated into the report prior to being submitted to the State: • Pg. 272, paragraph that begins "The North Park Village ", 2" sentence, should read would require a General Plan Amendment, and may include an extension of the City's Urban Restriction Boundary, which requires voter approval." • Pg. 273, under "Circulation Element" as part of the S.O.A.R. Measure relative to the Eastern Extension of Broadway Road, add a 2nd paragraph that "would restrict the eastern extension of Broadway Road to serve circulation needs for potential agricultural, open space or recreation uses in the portion of the planning area northeast of the city limits." • Pg. 273, 2nd to last paragraph, last sentence, change "multi- purpose" to "multi- use." • Pg. 274, same paragraph, 5th line down, change "multi- purpose" to ' %multi- use." Mayor Pro Tempore Mikos noted that the reasoning for the language change to "multi -use" was to improve the City's opportunities for outside funding. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to receive and file the report, as amended, and directed staff to forward a copy of the report to: Governor's Office of Planning and Research, State Department of Housing and Community Development, and County of Ventura Planning Division. The motion carried by voice vote 4 -0, Mayor Hunter absent. J. Consider Issues Relating to 323 Casey Road Regardinc Grading, Retaining Walls and Driveway Installation. Staff Recommendation: Receive and file the report. Mr. Hogan explained that the project started without permits. He stated that the portion of the driveway without the retaining wall requires an encroachment permit. He further stated that focus was placed on the permit process, not civil right issues. Minutes of the City Council Moorpark, California Page 16 September 18, 2002 In response to Mayor Pro Tempore Mikos, Mr. Hogan discussed the building permit process, noting that plans are not kept if permits are not issued and plan check expires. Mr. Brown stated he had reviewed the files and the applicant was advised that a grading permit was needed. Councilmember Millhouse stated that the process can be frustrating; however, the City applies the same Code to everyone equally and intends to clarify the confusion with respect to this matter. He concluded by recommending that the City should look at whether the Code should be made more precise Councilmember Harper related his experience with the Code and building improvements to his backyard. Mayor Pro Tempore Mikos commented on her experience when building a new driveway. Mr. Kueny suggested that the Council receive and file the report and refer the matter to Mr. Hogan. CONSENSUS: It was the consensus of the Council to receive and file the report and refer the issues relating to 323 Casey Road regarding grading, retaining walls, and driveway installation to Mr. Hogan to resolve. AT THIS POINT in the meeting, Councilmember Millhouse left the dais. The time was 9:03 p.m. 12. ORDINANCES: A. Consider Ordinance No. 284, A Ordinance of the Cit Council of the City Of Moorpark, California, Approving Zone Change No. 2002 -01 to Change the Zoning Designation from CPD (Commercial Planned Development) to RPD -20 DU /AC (Residential Planned Development 20 Dwelling Units /Acre) for a 9.48 Acre Site (Assessor Parcel No. 506 -0- 050 -185 and a Portion of 506- 0 -050- 475) Located on Park Crest Lane at Park Lane, on the Application of USA Properties Fund. Staff Recommendation: Declare Ordinance No. 284 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Page 17 September 18, 2002 Mr. Montes read the title of the ordinance. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive full reading of Ordinance No. 284. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 284 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. B. Consider Ordinance No. 285, An Ordinance of the City Council of the City of Moorpark, California, Adopting a Development Agreement between the City of Moorpark and Vintage Crest Senior Apartments, L.P., a California Limited Partnership (USA Properties Fund, Inc.). Staff Recommendation: Declare Ordinance No. 285 read for the second time and adopted as read. Mr. Montes read the title of the ordinance. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 285. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 282 read for the second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. Mr. Kueny clarified that the motion should have been to adopt Ordinance No. 285, not Ordinance No. 282. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to amend the motion by declaring Ordinance No. 285, not Ordinance No. 282, read for second time and adopted as read. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. 13. CLOSED SESSION: Mr. Kueny announced that Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. on the agenda would be discussed in closed session. z sa F% .41 r- r- Ni-L.J" Minutes of the City Council Moorpark, California Page 18 September 18, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session to hear Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. The time was 9:05 p.m. 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) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 506 -0- 042 -015, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Bert and Placide Curts Under Negotiation: Price and terms of payment J. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Administrative Services Director AT THIS POINT in the meeting, the City Council recessed to convene the Moorpark Redevelopment Agency closed session. The City Council reconvened into open session at 9:39 p.m. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of the recent Court of Appeal decision in Rubin v. .. 0 -,.d 0 Minutes of the City Council Moorpark, California Paae 19 September 18, 2002 City of Burbank and an injunction barring the Burbank City Council from opening its meetings with "sectarian prayer." Following Mr. Montes's announcement, the Council reconvened into closed session. The time was 9:40 p.m. Present in closed session were Councilmembers Harper, Millhouse and Wozniak and Mayor Pro Tempore Mikos; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Mr. Gilbert left the closed session at 9:50 p.m. Councilmember Millhouse left the closed session at 10:00 p.m., prior to discussion of Item 13.F. The Council reconvened into open session at 10:06 p.m. Mr. Kueny stated that Items 13.A. (one case), 13.F., 13.G., 13.H., and 13.J. were discussed and there was no action to report. 14. ADJOURNMENT: Mayor Pro Tempore Mikos adjourned the meeting at 10:06 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California April 16, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on April 16, 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 6:32 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Millhouse, Parvin, and Mayor Hunter. Councilmember Mikos arrived at 6:34 p.m. Staff Present: Hugh Riley, Assistant City Manager; 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; Julie C.T. Hernandez, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Blanca Garza, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation for National Volunteer Week Mayor Hunter read the Proclamation and presented one copy to Mary Lindley, Community Services Director, and one to Captain Richard Diaz, Ventura County Sheriff's Department, in recognition of the many City of Moorpark volunteers, including Community Services Department and City Police volunteers. B. City Manager's Monthly Report. Mr. Riley introduced Mary Lindley, Community Services Director, who gave the monthly report. Minutes of the City Council Moorpark, California Paqe 2 April 16, 2003 She gave a brief overview of the following events /projects: • Ground breaking of Arroyo Vista Phase II scheduled for April 21St. • Spring Day Camp will kickoff on April 21St at Arroyo Vista Community Park. • Easter Egg Hunt is scheduled for April 19th at Arroyo Vista Community Park at 10 a.m. Activities include: Easter Egg Hunt, Pony Rides, Amusement Rides, Carnival Games, and Face Painting. • Recreation Staff is busy planning the Apricot Festival scheduled for May 9 -11 at Arroyo Vista Community Park. It is a very special event including a Midway Carnival. • The 20 -Year Anniversary Celebration is being planned in culmination with the 3rd of July Fireworks. She also reported on various sports leagues including: Winter Adult Basketball, Adult Softball League, Women 30+ League, Co -ed Volleyball League, Winter Youth Basketball League, and Special Olympics. Ms. Lindley stated that the Teen Programs are going strong and reported on the After Dark Dance, the Band Jam, and the Battle of the Bands. She reported on the recent Volunteer Recognition Event held by the Senior Center and mentioned they had 170 participants attend the dinner and entertainment. She added that the Senior Center was awarded approximately $9,000 from a Area on Aging Grant to provide various health screenings free of charge. She stated that the bocce ball courts have been completed at Tierra Rejada Park and will be dedicated on April 26. She concluded by reporting that the Serenada Trail continues to have problems in regard to dirt bike p r `, A r- Minutes of the City Council Moorpark, California Page 3 April 16, 2003 jumps going up that are being taken down as soon as they are discovered. She stated this issue might need to be looked at further to possibly provide a site for dirt bike use in a location that is not a sensitive natural habitat area. 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 7:23 p.m. The City Council meeting reconvened at 7:25 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested Items 10.C. and 10.I. be pulled from the Consent Calendar. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter requested a future agenda item from staff by May 21, 2003, on options available for Council to consider facilitating moving traffic more efficiently on Tierra Rejada Road, from the State Route 23 off ramp to Spring Road, including synchronization of traffic signals. 8. PUBLIC HEARING: None. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider City Letter of Support on the Draft Summary Report of the County of Ventura Open Space District Advisory Committee ( OSDAC). Staff Recommendation: Direct staff to prepare a letter to the OSDAC for the City Manager's signature and final language approval including: The City Council's support of the Draft OSDAC Summary Report and requesting the revisions discussed in the agenda report. Ms. Traffenstedt gave the staff report. Councilmember Mikos concurred with staff's recommendation that language be added to recognize the Minutes of the City Council Moorpark, California Page 4 April 16, 2003 potential for restoring /enhancing natural habitat and she provided several recommendations on language revisions to the Purpose Statement and two of the Open Space Selection Criteria. In response to Councilmember Mikos, Ms. Traffenstedt agreed with the recommended revisions to the Purpose Statement and Open Space Selection Criteria and stated that the Advisory Committee was recommending some flexibility with regard to funding, including that there should be funding available that would not be tied to a specific region, to allow a good opportunity purchase to be made, when there is a willing seller. Councilmember Mikos concurred with the other staff recommendations in the agenda report. CONSENSUS: It was the consensus of the Council to direct staff to prepare a letter to the OSDAC for the City Manager's signature and final language approval, including the City Council's support of the Draft OSDAC Summary Report and requesting the revisions discussed in the agenda report and as recommended by Councilmember Mikos. Mayor Hunter concluded by commenting on Ms. Traffenstedt's participation on this panel and added that Ms. Traffenstedt represents the City in addition to her other responsibilities as the Assistant to the City Manager /City Clerk and in the past as the Acting Director of Community Development. He added that her Planning experience made her the logical choice to represent the City and has done it very capably and wanted to point it out to Council to acknowledge her as well as all staff for their ability to do more with less and all the work they do is work well done. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.C. and 10.I., which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Special Joint Meetin of the City Council and the Planning Commission of Ma 8, 2002. G c"..�aA � Minutes of the City Council Moorpark, California Page 5 April 16, 2003 Consider Approval of Minutes of Special Joint Meeting of the City Council and the Planning Commission of February 26. 2003. Consider Approval of Minutes of Special Meeting of March 19, 2003. Consider Approval of Minutes of Special Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - April 16, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112252 & 112391 - 112392 112269 112468 - 112474 $ 32,240.97 $ 1,803.00 $ (200.00) $ 7,958.22 Regular Warrants 112393 - 112467 & $ 51,329.19 112475 - 112479 & $ 140,812.08 112480 - 112507 $ 286,284.80 Staff Recommendation: Approve the warrant register. D. Consider Bond Reduction for JIN Industrial Investment, LLC, Located on the Easterly Side of Condor Drive. Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #128830 and #128831 to 100; and 2) Authorize the City Clerk to fully exonerate surety for IPD 99 -04 one year after this approval of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. E. Consider Bond Reduction for Special Devices, Incorporated, Tract 5004, Located East of the Intersection of the 23 Freeway and New Los Angeles Avenue. Staff Recommendation: 1) Authorize the City Clerk to reduce sureties #083S103531861BCM and #B2881823 to 100; and 2) Authorize the City Clerk to fully exonerate sureties one year after this approval Minutes of the City Council Moorpark, California Page 6 April 16, 2003 of the reduction of surety bond and upon written confirmation from the City Engineer that no warranty work is required. F. Consider Recordation of Quitclaim Deed of Easements for Disposal of Storm Water to Archstone Communities Project (RPD- 97 -1). Staff Recommendation: Approve the acceptance of the Quitclaim Deed of Easement and authorize the Mayor to sign and the City Clerk to record the Quitclaim Deed of Easement in the office of the Ventura County Recorder. G. Consider the Reduction of the Parkland Dedication Fees for the Affordable Unit in Tract Map No. 5181 (TR Partners). Staff Recommendation: Set the parkland dedication fee for the Tract No. 5181 affordable unit at sixty percent (600) of the market rate units. H. Consider Report of Annual Development Agreement Review, Established in Connection with West Pointe Homes, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road, on the Application of William Lyon Homes, Inc. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that William Lyon Homes, Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. J. Consider Report of Annual Development Agreement Review, Established in Connection with 43.32 Acres of Land Located West of Gabbert Road, North of the Westerly Extension of Poindexter Avenue (A -B Properties and Southern California Edison Company). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that A -B Properties and Southern California Edison Company have complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete for A -B Properties' Development Agreement and for Southern California Edison Company's Development Agreement. K. Consider Adoption of Resolution, Amending the Fiscal Year 2002/2003 Budget by Appropriating Additional Minutes of the City Council Moorpark, California Page 7 April 16, 2003 Older Americans Act (OAA) Grant Funds for Senior Center Health and Wellness Programs. Staff Recommendation: Adopt Resolution 2003 -2076 amending the FY 2002/2003 Budget by appropriating $4,200 in OAA grant funds for Senior Center Health and Wellness Programs. ROLL CALL VOTE REQUIRED The following items were pulled for individual consideration: C. Consider the 2003 Legislative Program. Staff Recommendation: Adopt the 2003 Legislative Program. Councilmember Mikos stated that she pulled this item for two reasons: to remind staff to always have the Legislative Program as a Presentation /Action/ Discussion item and to make language suggestions. She stated the Legislative Program should be discussed so the public may be made aware of its importance. In response to Councilmember Mikos, Mr. Riley and Mayor Hunter stated that there was no need to amend the platform statement No. 2.F. on stamped page 60. Councilmember Mikos also suggested adding language to at the end of platform statement 3.C. on stamped page 60 as follows: "...as long the legislation does not create less flexibility for using such funds for public transit." Mayor Hunter stated he did not agree with the proposed amendment and that greater flexibility is gained by not narrowing the scope of the item. Councilmember Millhouse stated he agreed with the Mayor. Councilmember Harper referenced legislation that limits all gas state and all vehicle license improvement construction. He Mikos did not want to see use local mass transit prohibited. an example of proposed taxes collected by the fees to only highway stated Councilmember Df gas tax revenues for Councilmember Parvin stated that she is comfortable with the way it is currently written and understands AC Minutes of the City Council Moorpark, California Page 8 April 16, 2003 it that way. She likes the flexibility of the current language. Councilmember Millhouse stated that he does not think the proposed language change provides greater flexibility for how local transportation funds are used. He stated that problems have not occurred in regard to positions being taken on legislation. In response to Mayor Hunter, Mr. Riley stated there have not been any changes from the 2002 Legislative Program to the 2003 Legislative Program. Councilmember Mikos suggested as an alternative that a new, separate item be added to the 2003 Legislative Program in regard to opposing legislation that would limit our ability to spend local transportation dollars on public transit. In response to Councilmember Mikos, Mayor Hunter stated that it would then be worded exactly the opposite of Item 3.C, "oppose legislation that provides narrower flexibility for the use of local transportation funds." He also added that the whole intent of the Legislative Program is to allow staff to react without Council approval on a pre- adopted program so they can send letters of support or opposition when there is insufficient time for the Council to meet and take a position. He stated the Legislative Program is philosophical and broad based and the lack of specificity with respect to Item 3.0 implies we oppose legislation that reduces our flexibility. Councilmember Mikos stated that she feels there is an interest by certain groups within the State to reduce public transit funds in support of road construction. She also stated that it may not be the Council's concurrence to protect those funds; however, she stated she wants to go on record as wanting to do something to protect those funds and that this is a reason to discuss this item in a public forum. Councilmember Millhouse commented that if a specific, significant piece of legislation comes forward, it will be addressed by the Council, and that he disagreed to some extent with Councilmember Mikos in Minutes of the City Council Moorpark, California Page 9 April 16, 2003 terms of everyone wanting to spend their transportation money on bus services instead of roads. Councilmember Harper proposed adding a new platform statement 3.F. stating: `Oppose legislation that would reduce our local share of transit funds intended for public transit." Mayor Hunter stated he does not oppose a new item, but that he does not want to create wording that limits or defines Council Policy through this document. He stated the Legislative Program is to enable staff to take a position on behalf of the City when specific direction is not provided. Councilmember Harper stated that the document has to reflect Council Policy, because we are directing staff to respond on behalf of the Council. He suggested the item be continued to allow additional time to draft language for the Council to consider. CONSENSUS: It was the consensus of the Council to continue this item to the May 7, 2003, meeting to allow Councilmember Mikos, Councilmember Harper and staff to develop revised language for the Council to consider. I. Consider Report of Annual Development Agreement Review, Established in Connection with Industrial Planned Development (TR No. 500411PD No. 95 -02) Special Devices, Incorporated (SDI). Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation, and find, on the basis of substantial evidence, that SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. Councilmember Mikos stated that she pulled this item to ask a couple of clarifying questions. In response to Councilmember Mikos, Mr. Hogan confirmed that under stamped page 91, regarding reforestation, this only covers the landscaping around the interchange and does not deal with outstanding landscaping issues that have yet to reach resolution. He also confirmed that there are outstanding issues that have not yet been dealt with in regard to Minutes of the City Council Moorpark, California Page 10 April 16, 2003 drainage/ irrigation and verified that on stamped page 91, there is a typographical error that needs to be corrected to change 2002 to 2003. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Accept the Community Development Director's Report and recommendation, as amended on page 91, and find on the basis of substantial evidence, that SDI has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 7:23 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL, PLANNING COMMISSION, AND PARKS AND RECREATION COMMISSION Moorpark, California Mav 17, 2003 A Special Joint Meeting of the City Council, Planning Commission, and Parks and Recreation Commission of the City of Moorpark was held on Saturday, May 17, 2003, beginning at the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Millhouse called the City Council meeting to order at 9:06 a.m. Chair Landis called the Planning Commission meeting to order at 9:06 a.m. Vice Chair Catrambone called the Parks and Recreation Commission meeting to order at 9:06 a.m. 2. PLEDGE OF ALLEGIANCE: None. 3. ROLL CALL: Councilmembers Present: Councilmembers Harper, Mikos, Parvin, and Mayor Pro Tem Millhouse. Councilmembers Absent: Mayor Hunter. Planning Commissioners Present: Commissioners DiCecco, Lauletta, Peskay, Pozza, and Chair Landis. Parks and Recreation Commissioners Present: Commissioners Thompson, Weisberger, and Vice Chair Catrambone. Parks and Recreation Commissioners Absent: Commissioner Pflaumer and Chair DeGuardi. l.Y •v �/' � sJ Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paae 2 Mav 17, 2003 Staff Present: Steven Kueny, City Manager; Barry Hogan, Community Development Director; Mary Lindley, Community Services Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; David Bobardt, Planning Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 4. PUBLIC COMMENT: None. 5. PRESENTATION /ACTION /DISCUSSION: A. Tour of the North Park Specific Plan Project Site (General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01 and Zone Change No. 2001 -02 and the Moorpark Highlands Specific Plan Project Site (General Plan Amendment No. 1999 -01, Zone Change No. 1999 -01, Specific Plan No. 1995 -02, Residential Planned Development No. 2002 -01, Tentative Tract Map No. 5045). (Tour will depart from the Moorpark Community Center parking lot.) AT THIS POINT in the meeting, a recess was declared to depart for the tour. The time was 9:07 a.m. The joint special meeting reconvened at 9:25 a.m. at the Moorpark College Observatory parking lot (Stop 1). Vince Daly, representing the North Park Project applicant, was present to answer questions. Mr. Bobardt displayed an aerial photograph and discussed the North Park Project draft land use plan and project site boundaries. Access road locations were also discussed. The tour reached Stop II residential area, discussed the proposed and proposed location school site, and public the proposed North Park Phase at 10:00 a.m. Mr. Bobardt limits of the development area of the freeway access road, park. Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paqe 3 May 17, 2003 The tour reached Stop 3, the northeast corner of the North Park project site, at 10:46 a.m. Mr. Bobardt discussed the land use plan and project limits from this perspective, looking down at the site and surrounding properties. AT THIS POINT in the meeting, Planning Commissioners Lauletta and Pozza left the tour. The time was 11:00 a.m. The tour reached Stop 4, the proposed new Moorpark College Observatory site within the North Park Specific Plan area, at 11:15 a.m. Mr. Bobardt discussed the areas of the site that would be developed, as viewed from this perspective. The planned observatory use was also briefly discussed. The tour reached Stop 5, the Moorpark Highlands Specific Plan Project site, at 11:40 a.m. James Bizzelle and James Beck, representing Pardee Homes, were present to answer questions about the proposed "D" Street connection to a proposed State Route (SR) 23 extension through the Moorpark Highlands Specific Plan area. Mr. Beck described the potential location of the "D" Street connection and the SR -23 bypass, including preliminary alignment and profile. Mr. Brown explained that Caltrans would need to approve design exceptions for the "D" Street and SR -23 bypass proposal. The distance between the Varsity Park homes on College Heights Drive and Clemson Street and the proposed "D" Street and SR -23 bypass corridor was discussed. 6. ADJOURNMENT: CONSENSUS: The consensus of the City Council, Planning Commission, and Parks and Recreation Commission members present was to adjourn the special joint meeting at Stop 5, the Moorpark Highlands Specific Plan site. Chair Landis adjourned the Planning Commission meeting at 12:15 p.m. Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paqe 4 May 17, 2003 Vice Chair Catrambone adjourned the Parks and Recreation Commission meeting at 12:15 p.m. Mayor Pro Tem Millhouse adjourned the City Council meeting at 12:15 p.m. Kipp Landis, Chair Planning Commission Jonathon Quentin DeGuardi, Chair Parks and Recreation Commission Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk (�A F? A\ A9 ►'"i A MINUTES OF THE CITY COUNCIL Moorpark, California Mav 21, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on May 21, 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 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Walter Brown, City Engineer, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; 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; Mike Mathews, Senior Management Analyst; John Hartnett, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of Awards to the Moorpark High School Academic Decathlon Team and Coach. Mayor Hunter deferred the presentation to allow time for the team and coach to arrive from a reception held in their honor at Moorpark Unified High School. B. City Manager's Monthly Report. Mr. Kueny introduced Cynthia Borchard, Administrative Services Director, who gave the monthly report. Ms. Borchard reported on activities of the Administrative �, f, .t➢ is n Minutes of the City Council Moorpark, California Paqe 2 Mav 21, 2003 Services Department including preparation of the draft budget with a workshop proposed for May 28th; various services provided to the public and other City departments; on -going tasks in General Services such as procurement, copying, communication services, and information services; General Accounting procedures such as cash management, accounts receivable, accounts payable, payroll, and financial reporting; recent projects including continued work on the Fixed Asset Inventory, and compliance with GASB -34 to value all infrastructure and re -state the City's Financial Statement; the arrival of auditors in June to begin the 2002/2003 Fiscal Year audit; a forthcoming GIS proposal to provide access to mapping capabilities for staff and the public; completion of Phase 1 of the webpage redesign to launch at the end of the Fiscal Year and starting next Fiscal Year, Phase 2, with special features for on -line registration and purchasing; the auction of surplus items worth $15,000; and the recruitment of an Account Technician to bring the department to full staff. 5. PUBLIC COMMENT: Joseph Catrambone, a Moorpark resident, stated that off - road dirt bike riding in the Flood Control Channel behind Cambridge Street, at Happy Camp, and on the Pardee property, is getting worse; the Police Department responds, but does not have a vehicle that can access the affected areas; and a solution is needed to curtail this activity. In response to Mayor Hunter, Diaz is working on this Councilmember Mikos' request. Mr. Kueny stated that Captain problem in response to Captain Diaz stated that this is an on -going problem; the Pardee development property owner has authorized the Police Department to act as its agent; the law requires one warning contact to offenders and then upon a second offense an arrest results; current known offenders have been notified by letter; and the Police Department's motorcycle team will be on -site to remediate the problem. Councilmember Mikos stated that she and Mr. Catrambone can give Captain Diaz information on the most likely times when offenders can be caught. She commented that the County may Minutes of the City Council Moorpark, California Page 3 May 21, 2003 have to become involved, as the Happy Camp area is not within the City limits. Barbara Kerkhoff, a Somis resident representing "Save Our Somis", reported on the group's successful lawsuit against Caltrans resulting in a court decision that Caltrans will have to do a full Environmental Impact Report (EIR) for the proposed work at the corner of State Routes 118 and 34. She provided the Council with copies of the judge's ruling stating that the project is not a stand -alone project and cannot be viewed without taking into account all projects along State Route 118. She thanked the Council for their past involvement in requesting the EIR. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:27 p.m. The City Council meeting reconvened at 7:32 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Millhouse reported on Caltrans work in response to requests to repair off -ramps from the State Route 23 Freeway. Councilmember Mikos thanked the Council for their support in a letter sent to the Governor in regard to allowing the Santa Monica Mountains Conservancy Advisory Committee to continue to meet in lieu of new rules. Councilmember Mikos announced an eight mile hike to the top of Big Mountain on Saturday, May 31, 2003, sponsored by the Santa Monica Mountains Conservancy. Councilmember Parvin acknowledged the Moorpark Rotary Club for being honored by the Chamber of Commerce with a tourist award for their Civil War reenactment. She further recognized the growing interest in other Moorpark tourist sites such as the Theater on High Street, Moorpark College Zoo, and the Secret Garden restaurant. 04 Minutes of the City Council Moorpark. California Paae 4 Mav 21, 2003 8. PUBLIC HEARING: A. Consider Resolution Establishing a `Permit Only Parking Zone" in Certain Residential Neighborhoods in the Vicinity of Moorpark College. Staff Recommendation: Adopt Resolution No. 2003 -2085. Mr. Gilbert gave the staff report. He corrected the statement on Stamped Page 2. Section I. to reflect that the all City costs will be recovered for this particular event, since the event sponsor is picking up the cost; however, there is no commitment for future events. Mr. Gilbert stated that it is staff's position not to impose the restriction on parking by putting up the Permit Only Parking Signs, unless requested to do so by the College when the expectation is that the event sponsor would be paying for the cost. In response to Council, Mr. Gilbert stated that the affected residents have received parking permits to place in their car window; no negative phone calls have been received by the City regarding this restriction; event sponsors will be deploying the signs and the estimated cost to them would be approximately $200 -$300 for an encroachment permit for street closures, printing the signs, and postage; and the City will be relying on the College to anticipate events which will necessitate implementing this temporary parking restriction. In response to Council, Captain Diaz stated that a Moorpark Police Department motorcycle officer will be on duty the final day of the event; the Chief of the Moorpark College Police indicates they will have sufficient law enforcement officers on site who are capable of enforcing traffic and authorized to cite on city streets. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. Minutes of the City Council Moorpark, California Page 5 May 21, 2003 MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2085. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Moorpark High School Academic Decathlon Team arrived and Mayor Hunter announced that the agenda would return to Item 4.A. 4. PROCLAMATIONS AND COMMENDATIONS: A. Presentation of Awards to the Moorpark High School Academic Decathlon Team and Coach. Mayor Hunter presented plaques recognizing Coach Larry Jones and each member of the 2003 Moorpark High School Academic Decathlon Team as National Champions. Mr. Jones introduced the members of the team as: Adam Abed, Max Geiger, Lindsay Hebert, Paul Ideal, Nathaniel Jones, Kevin Randolph, Ashlee Scott, Grant Volk, and Tracy Yagi. He highlighted the team's many accomplishments. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution Approving the Preliminary Assessment Engineer's Report, the Parks and Recreation Maintenance and Improvement Assessment District Levy Amount, and Setting the Date for the Public Hearing for June 4, 2003. Staff Recommendation: Adopt Resolution No. 2003 -2086. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2086. The motion carried by unanimous voice vote. B. Consider Traffic Signal Coordination on Tierra Rejada Road. Staff Recommendation: Direct staff to undertake the efforts described in Section E of the agenda report. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Paqe 6 May 21, 2003 In response to Council, Mr. Gilbert stated that the source of funds for this project would be from the Tierra Rejada Road /Spring Road Area of Contribution; there will be minimal cost, which will include staff time to install the new programs, coordinate functioning, and monitor the synchronization of the clocks once a month; the timing will favor east /westbound traffic; and if the manual implementation is not successful, staff will return to Council with a performance report. Mayor Hunter stated that the current conditions are very frustrating to drivers who are stopped by every signal; the Miller Parkway signal is too sympathetic to north /south traffic; and he concurs with Councilmember Harper that the signals need to favor east /west traffic on Tierra Rejada Road. Councilmember Millhouse questioned whether it would not be better, since the cost is minimal, to try out a system known to have an improvement impact rather than waiting several months trying to adjust the timing manually. Councilmember Harper stated that the timing of the clocks should not drift significantly and with practically no cost at all, he feels they should try staff's recommendation. Councilmember Millhouse and Mayor Hunter stated they were willing to give the manual adjustments a try with the stipulation that staff will report back to the Council in 30 days on the effectiveness of the system along with a recommendation on how to proceed. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper and Councilmember Mikos seconded a motion to: 1) Install revised coordinated signal timing, without synchronized clocks, favoring the east -west traffic with monitoring for effectiveness, and 2) Report back to Council in 30 days on the effectiveness of the signal timing. The motion carried by unanimous voice vote. All rye sir .� '.l _ , 0 r Minutes of the City Council Moorpark, California Page 7 May 21, 2003 C. Consider Resolution Establishing Two Hour Parking Zones on a Portion of Walnut Street North of High Street. Staff Recommendation: Adopt Resolution No. 2003 -2087. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2087. The motion carried by unanimous voice vote. D. Consider Adoption of a Resolution of Intent Directing the Planning Commission to Study, Hold a Public Hearing and Provide a Recommendation on a General Plan Amendment to Add to the Circulation Element Highway Network an Extension of High Street between Moorpark Avenue and Gabbert Road as a Local Collector. Staff Recommendation: Adopt Resolution No. 2003 -2088. Mr. Hogan gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse stated that since this is just a study of the Circulation Element and it never hurts to study the various options, he would support the staff recommendation. He did express concern with the need for and cost of a High Street extension. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adopt Resolution No. 2003 -2088. The motion carried by unanimous voice vote. E. Consider State Route 118 Safety Report Pertaining to the Possible Establishment of Restrictions on Non- Local Truck Traffic on Route 118 Between Route 123 and Route 232 (Vineyard). Staff Recommendation: 1) Direct staff to not proceed with the development of an application for a truck restriction on Route 118; 2) Direct staff to send a letter to the California Highway Patrol requesting increased enforcement at the existing truck inspection stations on Route 118; and Minutes of the City Council Moorpark, California Paqe 8 May 21, 2003 3) Direct staff to send a letter to Caltrans requesting that the proposed construction of new truck inspection stations on Route 118 be undertaken as soon as possible. Mr. Gilbert gave the staff report and stated that Tony Velasquez, consultant from Parsons is available for questions. Discussion among the Council followed stating disappointment that the study performed by Parsons did not uncover any safety issues which would warrant proceeding with the application for a truck restriction; expressing reluctance to give up trying to find a solution to limiting truck traffic within the City; and offering additional suggestions for study. In response to Councilmember Mikos, the consultant's civil engineer with expertise in environmental issues, Conrado Ayala, stated that it is very unlikely that any truck surface spills would percolate to the depth of the aquifer and cause contamination of potable water near the Calleguas Creek watershed. In response to Councilmember Mikos, Mr. Ayala, stated that the air model used to identify emissions related to trucks determined that 2.10 of the ambient air contained diesel particulate matter, which is not considered significant by the Environmental Protection Agency. Councilmember Millhouse recommended that the Council focus on what can be done, including: 1) Asking the public to email any of their ideas to the City; 2) Increasing California Highway Patrol (CHP) truck inspections to 24 -hours a day, 7 -days a week or at least preclude trucks from getting around an inspection; 3) Installing a western weigh station once the 2003/2004 state budget is approved; and 4) Scheduling a committee meeting with local truck operators, including the gravel operators, to ask them to control schedules to avoid the peak traffic hours within the City. Councilmember Harper stated that another issue to consider would be the impact of trucks coming from CIA F•�F�.!f ►"i Minutes of the City Council Moorpark, California Paae 9 Port Hueneme, which is away from the Port of traveling through Somis, further indicated that become involved with the at their environmental local community. Mav 21, 2003 taking containerized traffic Los Angeles and onto trucks Moorpark and Simi Valley. He it may benefit the City to Port Authority to take a look documents for impacts on the Councilmember Millhouse reported that he would request the Ventura County Transportation Commission (VCTC) report on what traffic is coming into Port Hueneme and where it is going; there are plans to add an additional rail line on that route; and if the rest of the nation is getting their product through Port Hueneme it is unfair to expect Moorpark to bear the burden of that increased traffic. Mayor Hunter stated that the Parsons report was very thorough; presented a very honest assessment of the situation; and concluded the City has no current hope of prevailing in using safety issues as a means of eliminating truck traffic on State Route 118 within the City. Councilmember Parvin stated the City should pursue a permanent truck stop in or west of Moorpark to encourage trucks to use the State Route 101; some other circulation patterns need to be created allowing the City's population to avoid the truck routes, such as "D" Street; and the use of the train system should be encouraged for moving product through the area. John F. Kerkhoff, a Somis resident and engineer, stated that he has some concerns regarding the accuracy of numbers used in the Parsons study. He questioned the numbers obtained from Caltrans showing a 19% decrease in the number of trucks using the State Route118 freeway and that the air quality particulate matter is 182 times worse in Thousand Oaks and Simi Valley than in Moorpark. Mr. Velasquez responded that the numbers were obtained, not only from Caltrans, but also from the CHP, which is much more accurate; and went on to emphasize that an application to ban truck traffic would still have to show safety reasons. Minutes of the City Council Moorpark, California Page 10 May 21, 2003 Councilmember Harper offered Mr. Kerkhoff his copy of the Parsons report and asked him to let the Council know if any of the numbers are incorrect. Councilmember Mikos stated that if the Council is going to pursue all sources for assistance in paying for another inspection station, it may be beneficial to have data available that compares the number of trucks using the State Route 101 inspection station versus the inspection station in Moorpark and how those numbers have changed over the years; and she is supportive of any measures that will encourage moving product by rail. MOTION: Councilmember Millhouse moved and Mayor Hunter seconded a motion to: 1) Direct staff to forego development of an application for a truck restriction on Route 118; 2) Direct staff to send a letter to the California Highway Patrol requesting increased enforcement at the existing truck inspection stations on State Route 118 and identification of what the current enforcement hours are, along with the cost and source of funds for any increase in hours; and 3) Direct staff to send a letter to Caltrans requesting that the proposed construction of new truck inspection stations on State Route 118 be undertaken as soon as possible. Councilmember Harper requested an amendment to the motion to include direction for staff to report back to Council on the entire issue of Port Hueneme impacts on the surrounding community; how the City can be involved with the Port Authority; and how a copy of the environmental document used when the port expansion was considered can be obtained. AMENDED MOTION: Councilmember Millhouse moved to amend the motion and Mayor Hunter seconded the amendment to include: 4) Direction for staff to report back to Council on Port Hueneme impacts on the entire surrounding community; how the City can be involved with the Port Authority; and how a copy of the environmental document, used when the port expansion was considered, can be obtained. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 11 May 21, 2003 F. Consider Approval of a Youth Scholarship Program for Recreation Services. Staff Recommendation: Approve the Community Services Department's Youth Scholarship Program as outlined in the agenda report. Mr. Harnett gave the staff report. In response to Mayor Hunter, Mr. Hartnett confirmed that only the concept of a Youth Scholarship Program is under consideration. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Community Services Department's Youth Scholarship Program as outlined in the agenda report. The motion carried by unanimous voice vote. AT THIS POINT in the meeting Mayor Hunter announced that Items 9.G. and 9.H. would be considered together. G. Consider Proposed Operating and Capital Improvements Budgets for the Fiscal Year 2003/2004. Staff Recommendation: Set budget workshop for May 28, 2003. H. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2003/2004. Consider the priorities, goals and objectives on May 28, 2003. Mr. Kueny gave the staff reports. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to set May 28, 2003, at 6:30 p.m. for a budget workshop along with consideration of the priorities, goals and objectives for Fiscal Year 2003/2004. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. Minutes of the City Council Moorpark, California Page 12 May 21, 2003 A. Consider Approval of Minutes of Regular Meeting of June 19, 2002. Consider Approval of Minutes of Regular Meeting of March 19, 2003. Consider Approval of Minutes of Special Meeting of April 9, 2003. Consider Approval of Minutes of Special Meeting of Ma 7, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - Mav 21, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112607 - 112217 & 112666 112725 - 112729 $ 0.00 $ (672.00) $ 2,552.49 Regular Warrants 112732 - 112840 & $ 27,493.53 112841 - 112876 $ 662,926.40 Staff Recommendation: Approve the warrant register. C. Consider Approval of Resolution Directing the Placement of "No Stopping" Signs on Gisler Road between Poindexter Avenue and Reyes Street. Staff Recommendation: Adopt Resolution No. 2003 -2089. D. Consider Award of Contract for the 2003 Slurry Seal Project. Staff Recommendation: Approve the award of construction contract to Roy Allan Slurry Seal, Inc. for the construction of the subject project. E. Consider Adoption of Resolution, Amending the Fiscal Year 2002/2003 Budget by Appropriating Older Americans Act Grant Funds for Senior Center Support and Elder Rights Protection Activities. Staff Recommendation: Adopt Resolution No. 2003 -2090. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Page 13 May 21, 2003 11. ORDINANCES: None. 12. CLOSED SESSION: None was held. 13. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:45 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California June 4, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on June 4, 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 6:50 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant 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; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst; Kim Chudoba, Senior Management Analyst; John Hartnett, Recreation Manager; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Introduce new City Employee, Shaun Kroes, Community Services Technician. Mayor Hunter introduced Shaun Kroes, Community Services Technician and welcomed him to the City staff. Minutes of the City Council Moorpark. California Pacie 2 June 4, 2003 5. PUBLIC COMMENT: Joseph F. Catrambone, a Moorpark resident, thanked the Council, Moorpark Police Department, and staff for their help in curtailing the dirt bike riding activity near his home. Michael Ellis, a Moorpark resident, expressed concern about parking ticket revenues having become more important in the City than community relations; and complained about parking tickets given to guests attending a wedding at his home. Mayor Hunter asked Mr. Ellis to stay and speak to Captain Diaz regarding the incident. Stephanie Angelini, a Westlake Village resident, spoke on behalf of the Theater on High Street, which is offering concerts and children's matinees. She stated that the theater is also available to rent for special occasions; and the Gold Coast Theater Conservatory, of which she is a member, will be providing theater classes to children at the Theater on High Street throughout the summer. Kenneth A. Lichtig, representing the Moorpark Baha' Community, invited Council and the Moorpark community to attend the 5th Annual Race Unity Celebration to be held in Oxnard on June 14th from 12 -4:00 p.m. 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 7:05 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested Item 10.K. be pulled from the Consent Calendar to be considered prior to Public Hearings. Councilmember Mikos requested that Item 10.A. be pulled from the Consent Calendar. Mr. Kueny requested Item 9.B. be continued to July 2, 2003. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. Minutes of the City Council Moorpark, California Page 3 June 4, 2003 AT THIS POINT in the meeting, Item 10.K. was considered. 10. CONSENT: 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. In response to Mayor Hunter, Mr. Kueny confirmed that this is a similar request to that of previous years. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers for this item. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to: 1) Waive the fee for use of Redevelopment Agency property, charge the Club the contract billing rate for police charged by the County of Ventura, and charge the Club the direct cost of other staff to plan the event; 2) Require the Club to pay an encroachment permit fee ($100) and a temporary use permit fee ($88); and 3) Require the 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. The motion carried by unanimous voice vote. 8. PUBLIC HEARING: 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 Minutes of the City Council Moorpark, California Paqe 4 June 4, 2003 Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01. Mr. Hogan gave the staff report. In response to Council, Mr. Hogan stated that there are no plans to relocate the driveway on New Los Angeles Avenue; the building cannot be adjusted back on the site due to parking /circulation arrangements; and in anticipation of the future Capital Improvement Project where two southbound left turn lanes and a raised median on Spring Road will be installed, this project will be precluded from left -hand turns into or out of the project onto Spring Road. A discussion followed among the Councilmembers and staff regarding the viability of the center if left turn ingress /egress is prohibited; traffic flow within the center and on adjacent streets; and the capacity of the parking area and competition for parking between tenants. Mr. Kueny stated that during their approval processes, McDonald's and Blockbuster were advised that left turn ingress /egress would be prohibited. Mr. Hogan stated that this is a difficult site due to the previous piecemeal development; the project more than meets the Parking Ordinance requirement for number of spaces; the tenant uses proposed for the center include a dentist, a restaurant, dry cleaners, possibly a bakery, and a day spa; and in regard to the recommendation to provide an easement, the City will approach the apartment property owner to obtain an Irrevocable Offer of Dedication of the easement to the City, which if successful, would be returned to the property to create reciprocal access with the shopping center and allow improved access to Spring Road. Mayor Hunter opened the public hearing. John Newton, representing GreeneWay Development, 165 High Street, Suite 103, Moorpark, introduced Larry Greene, developer; Mark Pittman, architect; and Kevin Williams, civil engineer for the project, as available for questions. Mr. Newton provided a history of the site plan dating back to 1986; expressed concern that Minutes of the City Council Moorpark, California Paqe 5 June 4, 2003 the Traffic System Management (TSM) fee required for this project is considerably higher than that paid by McDonald's or Blockbuster Video; questioned the National Pollutant Discharge Elimination System ( NPDES) requirement that this project is to inherit storm water from the other two sites and the requirement to treat and remove it; requested that the new Condition No. 16 be removed, as the driveway was originally constructed to City specifications and should not be the applicant's responsibility to change; stated that the applicant is agreeable to the left turn restrictions on the site; and asked that the determination for on -site internal circulation be left to the developer and tenants. In response to Council, Mr. Newton stated that the apartment property owner has refused the applicant's offer for reciprocal access; the design for the project will be such that the driveway can be built; reciprocal parking and driveway easements are contained throughout the project; and the size of trees to be planted will be left to the approval of the Community Development Director. In response to Councilmember Millhouse, Mr. Kueny stated that Caltrans has not sought to alter egress from the apartment site; however, at some point, as the traffic increases on New Los Angeles Avenue, a signal light may be considered; and in the meantime, the existing left turn movements would remain. In response to Councilmember Millhouse, Mr. Kueny stated that the TSM fee is based upon the threshold for the larger size of this project, while the smaller projects of McDonald's and Blockbuster fell below the requirement. In response to Councilmember Millhouse, Mr. Brown stated that moving the Spring Road driveway further north would not solve the problem of turning radius and the applicant would have to eliminate part of the development; NPDES regulations have been tightened since McDonald's and Blockbuster were built; and the Clean Water Act applies to all drainage, including existing facilities, even though it is focused on the applicant applying for the new permit. Minutes of the City Council Moorpark, California Paqe 6 June 4, 2003 In response to Councilmember Mikos, Mr. Kueny stated that he is confident the concern about the NPDES compliance can be worked out; the new development, being the largest of the three pieces in the center, is incurring a larger fee; and it may be possible to form an assessment district to guarantee shared responsibility. Mr. Greene described the tenant mix for the center to include a full service, high -end spa; a local dentist, an anticipated medical use, a dry cleaner, a restaurant use facing the courtyard and possibly a bakery, a 1 -hour photo shop, and a frame gallery. A discussion followed between the Council and staff focusing on Condition No. 16. and included the suggestion that the driveway reconfiguration be delayed until the Los Angeles Avenue Street Widening Project so that the City can work with Caltrans to make the adjustments, versus having the applicant pay to correct what was previously approved. Mr. Kueny suggested that an offer could be made to give the developer credit towards Los Angeles Area of Contribution (LA -AOC) fees for the cost of reconfiguring the driveway. Councilmember Harper continued to express concerns regarding the internal circulation and lack of parking. He offered ideas for reconfiguring Building C to alleviate congestion to the east. A discussion followed between the Council and staff regarding the left turn ingress /egress to the site and focused on vehicles exiting the site and making a u- turn at Spring Road to travel eastbound on New Los Angeles Avenue to get to State Route 23; the widening of Spring Road accommodating vehicles exiting the site and making a u -turn at Roberts Avenue to travel southbound on Spring Road; and the option of yet another u -turn at Flinn Avenue. In response to Councilmember Millhouse's concerns about the viability of the center due to ingress /egress limitations and his suggestion for removing some parking to allow the Spring Road driveway to be moved 100 -feet to the north, Mr. Hogan Minutes of the City Council Moorpark, California Page 7 June 4, 2003 stated that moving the driveway would create a difficult maneuver and stacking would be exacerbated for southbound left turns. In response to Councilmember Parvin's concerns regarding the challenges for the project if the easement is not granted to connect to the residential property to the east, Mr. Kueny stated that regardless of the easement, the overall circulation must be considered and staff is recommending no left turn egress onto Spring Road; ingress could be accommodated for southbound traffic; and that the applicant should make the on site accommodations while the City negotiates with the apartment property owner for the easement. In response to Mayor Hunter, Mr. Hogan clarified that the applicant is conditioned to provide the City with an Irrevocable Offer of Dedication of an easement for reciprocal access to the adjacent residential site; and satisfies this condition by signing the agreement. Mr. Kueny further clarified that since this is not a public access, the agreement between the City and the apartment property owner would be a private agreement with covenants and easements between the two pieces of property; and the applicant would make the adjustments on site to accommodate the connection to the other side, in the event the easement is obtained. Councilmember Millhouse recommended the item be continued for redesign to move the buildings, allowing left -turn egress from the site onto Spring Road to facilitate alternatives for getting back to State Route 23. Mr. Newton stated that the applicant is willing to work with the restricted left turn egress; and at the time the improvements are made to Spring Road for left turn lanes and a median on Los Angeles Avenue is installed, the Council may hear from Blockbuster, StarBucks, McDonalds, and this applicant. Mr. Greene reported that at a meeting with the other property owners and Blockbuster and Starbucks representatives, opposition to the prohibition of left turn egress was expressed. He reiterated his position Minutes of the City Council Moorpark, California Page 8 June 4, 2003 that restricted left turns from his property onto Spring Road will not be detrimental for his project and he would not be objecting to the condition. A discussion continued among the Councilmembers and staff regarding the various possibilities for improving the egress from the site, resulting in the majority opinion to prohibit left -turn egress at Spring Road. A discussion followed among the Councilmembers and staff regarding the disparity in the percentage the applicant is paying for the air quality mitigation fee compared to those paid by McDonald's and Blockbuster. Mr. Hogan assured the Council that the fee calculation resulted from the current Air Quality Management District formula, which is the same used on two recent Council approvals for the M &M facility and the Cypress Land Development. CONSENSUS: It was the consensus of the Council to remain consistent in calculating the air quality mitigation fee and to charge this applicant accordingly. A discussion followed among the Councilmembers and staff regarding the courtyard design, specifically the faux second story elevations and enhancement to the trellis feature to create a more substantial focal point; the internal circulation and alternatives for removing congestion at Starbucks and Blockbuster; the provision for pedestrian pathways; overflow parking; whether any parking spaces will be restricted for reciprocal use; and the right tenant mix having positive impacts on reciprocal parking. Mr. Greene stated that to make sure that the tenants are successful, there are no restrictions on parking anticipated, but modifications to leaseholder agreements may include some adjustments as situations unfold and he would prefer to remain flexible. He further stated that reciprocal parking between all three properties is beneficial. In response to Mayor Hunter's concerns regarding the trash container, Mr. Hogan stated that the site could accommodate moving it further to the west behind the Y'..rv��OW Minutes of the City Council Moorpark, California Page 9 June 4, 2003 units and to add landscaping to shield it from public view. In response to Councilmember Parvin, Mr. Greene stated that the courtyard is anticipated to be the focal point for the entire center; staff concurred that the trellis treatment was appropriate; her request that stepping stones be added to the landscaped walkways is possible; however, he cautioned that the project has been conditioned to plant as much grass as possible (which stepping stones would displace) to provide the bio- filtration system needed to comply with NPDES requirements. In response to Councilmember Mikos, Mr. Hogan stated that staff will be working with the landscape architect on the selection of trees for the site; there is no intent to replace trees already on site; and the city's Landscape Guidelines have been reviewed with the consultant and will be presented to the Council for approval in the near future. In response to Councilmember Harper's comments regarding the lack of articulation on the elevations, Mr. Greene stated that the project has undergone seven months of revisions in regard to embellishments to the architectural detail; staff has recommended that the project blend in with the two existing buildings; and faux second story elements replace actual second story units due to parking requirements. In response to Councilmember Harper, Mr. Hogan described some of the changes made to the elevations to enhance the articulation and concurred that two - story structures would not be feasible due to the parking limitations. In response to Councilmember Parvin, Mr. Hogan stated that staff will work with the applicant to achieve a more substantial look for the trellis location. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002- a F1A or A ?"y ✓.J_> —� Minutes of the City Council Moorpark, California Page 10 June 4, 2003 O1, as amended to eliminate Condition No. 16 requiring reconfiguration of the driveway and provide for left turn ingress into the project from Spring Road. There was no second. Councilmember Harper clarified that the alternative driveway configuration suggested by Mr. Kueny would serve the project better. Mr. Hogan reiterated that proposal, which would leave Condition No. 16 in place and give credit to the applicant toward the LA -AOC fee. Councilmember Parvin asked that her recommendations for enhancing the visual impact of the trellis location also be added to the conditions. Mayor Hunter concurred and asked that all the Council's recommendations be included in the motion. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Adopt the proposed Negative Declaration as sufficient environmental documentation; and 2) Adopt Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01, as amended to give credit to the applicant towards LA -AOC fees for the cost of reconfiguring the driveway; allow southbound left turn ingress from Spring Road; modify the trellis element to create a more substantial focal point; install stepping stones in the landscaping to create a walkway; and move the trash container located at the northeast corner of the site further west behind the units and provide landscape to shield it from public view. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, Mayor Hunter declared a recess. The time was 8:50 p.m. The meeting reconvened at 9:10 p.m. B. Consider Final Review and Chances 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 -2092; 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 aa?c�A I-1k A Minutes of the City Council Moorpark, California Paqe 11 June 4, 2003 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 Mr. Gilbert gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to: 1) Adopt Resolution 2003 -2092; 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. The motion carried by unanimous roll call vote. 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 -2093. Ms. Lindley gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. f1RN4 r- ,�, , -_,� j Minutes of the City Council Moorpark, California Paae 12 June 4, 2003 MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to: 1) Approve the Engineer's Report; and 2) Adopt Resolution No. 2003 -2093. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Resolution to Chanae the Name of Los Anaeles 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. Mr. Gilbert gave the staff report. In response to questions from Council, Mr. Gilbert stated that the street numbers would not change; there has been no other correspondence received other than the original letter from Kavlico Corporation; and those impacted by the name change have not been consulted regarding the May 1, 2004, implementation date. Councilmember Harper stated that as a member on the Transportation and Streets Committee, he supports the name change for safety reasons, as it has proved to be confusing for emergency response vehicles to have two Los Angeles Avenues. Councilmember Millhouse stated that as a member on the Transportation and Streets Committee, he has no further comments to add to the recommendation to move forward with the name change; however, he did want the Council to consider a different time frame for implementation, possibly to coincide with the next publication of the Thomas Brothers Guide. Christine May, a Moorpark resident affected by the street name change, spoke in opposition, citing the impacts to residents who will have to change their address on medical records, credit cards, etc. She stated that if a name change is approved, she would prefer Princeton Avenue, which is already the name of the off -ramp on the State Route 118 freeway; High Street should not be an option since it will cause Minutes of the City Council Moorpark, California Page 13 June 4, 2003 confusion for those exiting the freeway expecting to see the old part of town; or perhaps it could be called East High Street. John Newton, representing Kavlico Corporation, 165 High Street, Suite 103, Moorpark, spoke in opposition to the name change stating that this issue has existed for a long time; there has never been a direct route through town; the township of Moorpark has three -digit addresses, while the rest of town has five - digits; a High Street off -ramp will mislead people and it would be better to post historic signs to direct people to High Street; New Los Angeles Avenue seems to be the real problem, and perhaps it should be renamed Moorpark Economic Center Drive to identify the new commercial center where Target, Kohls and Cypress Land Company are to be located. He further stated that Kavlico represents over 1,400 employees; the city of Moorpark needs to help businesses not hinder their operations; and Kavlico has been a good contributor to the community, supporting the Boys and Girls Club with a $50,000 donation and contributions to Moorpark College and the Moorpark Unified School District. Bruce Tackman, President of Kavlico Corporation, 14501 Los Angeles Avenue, Moorpark, spoke in opposition to the name change, stating that changing the address on all business records would be a difficult task as they have over 1,400 employees; worldwide business relationships in over 47 countries; deal with 35,000 different contacts, suppliers and customers; and their cost for advertising in various languages is over a million dollars a year. Mr. Tackman asked the Council, in addition to the comments stated in his letter of May 7, 2003, to explore all other options before making a name change. A discussion followed among the Council and staff regarding the need to remove emergency response confusion to the four separate Los Angeles Avenues for safety reasons; the need for improved access and identification for High Street; the possibility of referencing High Street on the existing Caltrans freeway signage; posting a separate sign on the freeway for "Historical High Street "; considering a different name for New Los Angeles Avenue; and whether an implementation date of May 1, 2004, does not allow Minutes of the City Council Moorpark, California Page 14 June 4, 2003 enough time for those affected to make all of the necessary address changes. In response to Council, Mr. Kueny stated that Caltrans has already turned down a request to post signage for "Historical High Street" or to add High Street to an overhead freeway sign. Councilmember Harper stated that public safety is the biggest concern and at some point the city must address this issue. He went on to state that a one year lead -time for changing addresses should be sufficient. In response to Councilmember Mikos, Mr. Gilbert stated that the City of Simi Valley has not yet responded regarding a meeting to discuss changing the name of Los Angeles Avenue in Simi Valley. In response to Councilmember Parvin, Mr. Tackman stated he would need time to perform a feasibility study to determine the administrative costs and time it would take to change the company address. Councilmember Harper concurred with Councilmember Mikos' suggestion for a postponement to allow time to hear from Kavlico. In response to Councilmember Mikos, Mr. Kueny stated that staff can research how many addresses would be affected by a change to East Los Angeles Avenue and West Los Angeles Avenue along with a new name for New Los Angeles Avenue. He further stated that there is no future benefit for staff to spend additional time on this matter and asked the Council to set a date certain for this item to return. Mayor Hunter stated he did not want this item to return until Council is ready to make a decision. CONSENSUS: It was the consensus of the Council to remove this item from the calendar and reintroduce it when staff has sufficient information from Kavlico. B. Consider the Proposals for Geographic Information System (GIS) to Provide Computer Based Mapping and Data. Staff Recommendation: Accept the proposal from Minutes of the City Council Moorpark. California Paae 15 June 4, 2003 Geographic Data and Management Solutions in the amount of $26,713.69 to develop a Geographic Information System for the City. CONSENSUS: It was the consensus of the Council to continue this item to July 2, 2003. AT THIS POINT in the meeting, Item 9.C. was deferred to be heard when staff was available. D. Consider Communit Recommendation: amending the FY transfers in the identified Funds ROLL CALL VOTE RE( y Development Fund Transfers. Staff Adopt Resolution No. 2003 -2094 2002/03 Budget to appropriate fund amount of $300,000 from the various to the Community Development Fund. �UIRED Ms. Borchard gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2094 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. The motion carried by unanimous roll call vote. AT THIS POINT in the meeting, staff was available for Item 9.C. to be heard. C. Consider Approving a Name Change for the Moorpark Senior Center to Moorpark Active Adult Center. Staff Recommendation: Approve the name change. Mr. Hartnett gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to approve the name change for the Moorpark Senior Center to Moorpark Active Adult Center. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 16 June 4, 2003 AT THIS POINT in the meeting, Mr. Kueny asked that Item 9.E. be tabled until after closed session. CONSENSUS: It was the consensus of the Council to table Item 9.E. until after closed session. F. Consider Mission Statement, Priorities, Goals and Objectives for Fiscal Year 200312004. Consider the priorities, goals and objectives. Mr. Kueny stated that most of the items in the staff report have previously been considered with the budget and in February's meeting of the previous year's status report. He recommended replacing Item No. 7. on the Top 10 Priorities list, the Construction of Phase II of Arroyo Vista Community Park, since it is near completion, with a new priority for Construction of the Moorpark Human Services Complex. In response to Councilmember Mikos' request that Potential Objectives No. 8 and No. 12 on Stamped Page 169 be added to the Departmental Goals and Objectives, Mr. Kueny stated this could be accomplished if Council so directed. CONSENSUS: It was the consensus of the Council to add to Departmental Goals and Objectives, Potential Objective No. 8, dealing with the taping of monthly announcements of upcoming city- sponsored activities for replay on the City Government Channel, and Potential Objective No. 12, dealing with the development of an inventory of natural open space properties owned by City and Homeowners Associations and other privately owned property restricted by conservation easement or other development condition or limitation. In response to Councilmember Mikos' request that Potential Objective No. 43. on Stamped Page 171 concerning former Councilmember Wozniak's request to establish a Civic Hall of Fame to recognize city enhancement efforts by individuals and organizations, be moved to the Departmental Goals and Objectives, Councilmember Harper suggested incorporating this as an objective to be accomplished as part of the City Hall project. Minutes of the City Council Moorpark, California Page 17 June 4, 2003 CONSENSUS: It was the consensus of the Council to incorporate the Civic Hall of Fame as an objective to be accomplished as part of the City Hall project. In response to Councilmember Mikos' request to have improvements to East Los Angeles Avenue added to the existing Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue, Councilmember Harper concurred, as long as it would be named High Street and Councilmember Parvin agreed with moving forward with the improvements for pedestrian and bicyclist safety. It was the majority opinion of the Council to add improvements to East Los Angeles Avenue to Top 10 Priority No. 4 for the Widening of Los Angeles Avenue /New Los Angeles Avenue. In response to Councilmember Mikos' request to delete College View Park from Departmental Goals and Objectives F.22 on Stamped Page 186 for construction of a canine park, Councilmember Parvin asked Ms. Lindley to discuss other sites with the Parks and Recreation Commission to identify a location that is not frequented by the public since biting, barking dogs and people do not mix. Councilmember Harper recommended that F.22 be modified to say "construct a canine park ". CONSENSUS: It was the consensus of the Council to modify Departmental Goals and Objectives F.22. to read "Construct a canine park." Councilmember Mikos stated that the deadline of June 30th for completing the update to the OSCAR Element in Departmental Goals and Objectives G.4. on Stamped Page 186, may not be an accurate date due to the North Park situation. CONSENSUS: It was the consensus of the Council to eliminate the date from Departmental Goals and Objectives G.4. A discussion followed regarding Councilmember Mikos' request to add "potential voter consideration" to Departmental Goal and Objective G.20. and it was the „� , ', -" # , - -% p •.r ..0' 1,W . J .w. Minutes of the City Council Moorpark, California Page 18 June 4, 2003 majority opinion that it would not be beneficial as it would create more confusion than clarification. In response to Councilmember Mikos' suggestion that it would be beneficial to the public if each Objective also included some kind of reference to the Top 10 Priorities and that the Top 10 Priorities list indicate that the list is not necessarily in priority order, Mr. Kueny stated that staff could supply a cross reference and a statement that the listed items have equal priority. In response to Councilmember Harper's request that Potential Objective No. 50. on Stamped Page 172 for construction of a restroom at Glenwood Park be moved to the Departmental Goals and Objectives list, Mr. Kueny stated that it is not a funded item and Council would have to direct that it be added to the budget. CONSENSUS: It was the consensus of the Council to add funding for construction of a restroom at Glenwood Park to the budget. Councilmember Millhouse requested that Potential Objective No. 36. on Stamped Page 171 regarding the installation of landscaping and decorative pavement at Tierra Rejada Road /SR -23 ramps, be moved to the Departmental Goals and Objectives list since there is potential for obtaining funds from the Ventura County Transportation Commission and /or Caltrans. He stated that it would be unfortunate to be precluded from going after those funds just because the item was not on the list. CONSENSUS: It was the consensus of the Council to place Potential Objective No. 36. on the Departmental Goals and Objectives list. In response to Councilmember Millhouse's request to include Tierra Rejada Road from Spring Road to the easterly city limits in the Departmental Goal and Objective G.24., regarding the establishment of an Underground Utility District, Mr. Kueny stated that funding would not be available; however, it could be added to the list of Potential Objectives. Minutes of the City Council Mooraark, California PaQe 19 June 4, 2003 In response to Councilmember Millhouse's request to pursue Councilmember Harper's suggestion to add decorative lighting on High Street, as noted in Potential Objective No. 3. on Stamped Page 168, Mr. Kueny stated that it could be added to Departmental Goals and Objectives and come back as an adjustment to the budget at mid -year. Mr. Kueny discussed additional changes including: 1) the prior Council direction regarding a truck ban on Los Angeles Avenue in Top 10 Priority No. 5. would need to be replaced with a new priority to establish a permanent truck scale facility west of the City; 2) the removal of Departmental Goal and Objective C.5., which also concerns the truck ban; 3) modification of Departmental Goal and Objective F.14. to include future utilization and focus of the current 5th Grade D.A.R.E. position; 4) the addition of the two budgeted radar speed display signs to Departmental Goals and Objectives; and 5) the addition for improving security at the Metrolink station by including the evaluation of surveillance cameras and extension of the south wall. Mr. Kueny stated that Councilmember Harper's suggestion for installing red light cameras has been determined not to be allowed by Caltrans and, therefore, it is recommended that this goal not be pursued. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. Mr. Kueny stated that he would incorporate the changes and return this item on the Consent Calendar on a future agenda. CONSENSUS: It was the consensus of the Council that this item return on Consent with the changes discussed. 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. Mayor Hunter stated that originally, the Council meetings started at 7:00 p.m. and he is requesting a return to that policy to allow more time for members ate. -a " q,�rL ki Minutes of the City Council Moorpark, California Page 20 June 4, 2003 to eat dinner before arriving for the meeting and to allow the public hearings to start on time. Councilmember Mikos stated that this would also allow more time for discussion in Closed Session hearings. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to have a Resolution return to Council for approval of a new start time of 7:00 p.m. to become effective on August 20, 2003. 10. CONSENT CALENDAR: MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.K., which was heard earlier in the meeting and Item 10.A., which was pulled for individual consideration. The motion carried by unanimous roll call vote. 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 112877 - 112881 $ 2,552.49 Warrants Regular Warrants 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 -2095 changing the funding source for the subject effort from the Community Development Fund to the General Fund Reserve. ROLL CALL VOTE REQUIRED Minutes of the City Council Moorpark, California Paae 21 June 4, 2003 D. Consider Award of Contract to Sunridcre 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. 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. F. Consider Renewal of Agreement with Kelly Cleaning & Supply Company. Staff Recommendation: Approve the renewal of the agreement for janitorial services. 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. 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 -2096. 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 -2097; 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. 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 Minutes of the City Council Moorpark, California Paqe 22 June 4, 2003 cause Tract Map 5181 to be recorded in the office of the Ventura County Recorder. 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 The following item was pulled for individual consideration: A. Consider Approval of Minutes of Regular Meeting of April 2, 2003. Staff Recommendation: Approve the minutes. Councilmember Mikos stated that she and Councilmember Harper had not been not in favor of the operation hours indicated in the minutes on Stamped page 205 of the agenda report and she did not want residents of the Campus Park area to think she had been a part of that decision. Mr. Kueny stated that the minutes could be amended to indicate it was the "majority opinion" that the hours of operation for the entire center be 5:00 a.m. to midnight. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to approve the minutes of April 2, 2003, as amended. 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 one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. Minutes of the City Council Moorpark, California Page 23 June 4, 2003 Mr. Montes announced that concerning Item 12.A., the facts and circumstances creating significant exposure to litigation, which facts and circumstances are know to potential plaintiffs, consist of delays associated with the issuance of grading permits for Tract 5133. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to adjourn to closed session for a discussion of one case under Item 12.A., three cases under Item 12.B., and Items 12.C., 12,D. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 10:38 p.m. 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 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. 0 �o ••1 OF Minutes of the City Council Moorpark, California Page 24 Present in closed session were Mikos, Millhouse, Parvin, and Mayo City Manager; Joseph Montes, City Assistant City Manager; and Deborah to City Manager /City Clerk. June 4, 2003 Councilmembers Harper, Hunter; Steven Kueny, Attorney; Hugh Riley, Traffenstedt, Assistant The Council reconvened into open session at 11:35 p.m. Mr. Kueny stated that Items 12.A. (one case), 12.B. (three cases), 12.C., 12.D. and 12.E. were discussed and that there was no action to report. AT THIS POINT in the meeting, the Council heard Item 9.E. 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 -2098; 2) Waive full reading and introduce Ordinance No. 294 for first reading; and 3) Direct that second reading of Ordinance No. 294, authorizing the amendment to the contract, shall occur on July 2, 2003. Ms. Traffenstedt gave the staff report. She verbally stated that the Council's approval would include direction to staff to provide certification to CalPERS that only the Secretary II position in the Community Development Department was eligible to receive two years additional service credit, pursuant to Section 20903 of the Government Code, if retirement occurred during the designated window period of August 4, 2003, through January 30, 2004. She also stated that the revised cost estimate for the one position was approximately $20,000. In response to Mayor Hunter Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to Adopt Resolution of Intention No. 2003 -2098 and to authorize completion of the required CalPERS certification forms. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 25 June 4, 2003 Ms. Traffenstedt read the title of Ordinance No. 294. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to waive full reading of Ordinance No. 294. The motion carried by unanimous voice vote. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded the motion to introduce Ordinance No. 294 for first reading; and directed staff that the second reading of Ordinance No. 294, authorizing the amendment to the contract shall occur on July 2, 2003. The motion carried by unanimous voice vote. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 11:36 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California June 18, 2003 A Special Meeting of the City Council of the City of Moorpark was held on June 18, 2003, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:10 p.m. 2. 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into closed session for discussion of one case under Item 4.A. and Item 4.C. Mr. Montes announced that the facts and circumstances creating significant exposure to litigation, which facts and circumstances are known to potential plaintiffs, consist of delays associated with the issuance of grading permits and flooding issues for Tract 5133. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of one case under Item 4.A. and Item 4.C. The motion carried by unanimous voice vote. The time was 6:11 p.m. Minutes of the City Council Moorpark, California Page 2 June 18, 2003 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) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 093 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Benjamin and Peter 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; Ken Gilbert, Public Works Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 6:43 p.m. Mr. Kueny stated that one case under Item 4.A. and Item 4.C. were discussed and that there was no action to report. 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:43 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk - - - - -- ----- __ - - -. ��E-� X0.8. � 7 CITYOFMOORPARK �Af ,. 7..,0?_- a00_5 WARRANT REGISTER FOR THE 2002 -2003 FISCAL YEAR CITY COUNCIL MEETING OF JULY 02, 2003 MANUAL WARRANTS VOIDED WARRANTS PAYROLL LIABILITY WARRANTS REGULAR WARRANTS TOTAL. SEQUENCE AMOUNT From To 113135 - 113136 $ 37,662.79 113130 - 113134 113137 - 113258 $ 0.00 $ 2,590.17 $ 373,260.63 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF JULY 02, 2003 NUMBER DATE I VENDOR ISTATUSI DESCRIPTION TOTAL 113130 6/18/2003 AMERICAN HERITAGE LIFE INSURANCE R_ 06/20/2003 EMPLOYEE PR LIABILITIES 140.02 113131 6/18!2003 S_E 1 U LOCAL 998 R 06/20/2003 EMPLOYEE PR LIABILITIES 409.69 113132 _ 6/18!2003 SANDRA KUENY R 06/20/2003 EMPLOYEE PR LIABILITIES 1,69_3.00 113133 .6/18/2003 UNITED WAY OF VENTURA COUNTY R _ _ :-6- 6/20/2003 EMPLOYEE PR LIABILITIES 179.00 113134 6/18/2003 VENTURA COUNTY DISTRICT ATTORNEY R 06/20/2003 EMPLOYEE PR LIABILITIES _ 168.46 113135 6 /18 /20031SOUTHERN CALIFORNIA EDISON M _ AVCP UNDER GROUNDING 37,637.79 113136 VENTURA COUNTY M _ _ (EXEMPTION HIGH ST PEPPER TREES 25.00_ 113137_ __6/18/2003 6/25/2003 A & G GRAPHICS �- R _ MPK BEACH BUS FLYERS_ I _ 541.61 113138 _ _ _ 6/25!2003 ACCOUNTEMPS R _ _ _ SZABO -3 WEEKS ACCOUNTING 2,176.88 - 113139 _ _ 6/25 /2003IACCU- PRINTS _ R _ _ f4/03 & 5103 FINGERPRINTING _ 120.00 113140 - 6/25/2003 ACCURATE PP INDUSTRIAL SULY - - - - R AVRC CHAIN LINKS &PARKS HARDWARE 29.77 _ - _ _3 AGRX _ _ _ _ - R -. .. ROUNDUP PRO _ 520.29 113142 - 6/25/2003 AMERICAN CLASSIC SANI_T_ATION _ - - __ R _ _ _ _ APRICOT FESTIVAL PORTABLE TOILETS _ 446.60 113143 -- 6/25/2003 AMERICAN_RED CROSS _ - R - -. '4 CPR FIRST AID _ 150 00 113144 _ 6/25/2003 ARROWHEAD DRINKING WATER _ _ - -. _ _ _ _ 5/03 CH BREAK ROOM SUPPLIES _ 116.53 113145 _ 6/25/200_3 AUSTIN- FO_UST ASSOCIATES _ _R R _ WALNUT CANYON EXPENSES _ 9,544.25 113146 t6/25/2003 B.T.R. INC. _ R _ _ TEEN AFTER_DARK & LUAU EVENTS ISR _ 130.00 113147 6/25/2003 BARON BARCLAY BRIDGE SUPPLIES R_ _ CTR BRIDGE SUPPLIES I _ 584.31 113148 13f4 6/25 /2003 BELLASALMA, TONY -i R_ _ '3 REIMBURSEMENT _ 42.12 113149 _ _ 6/25/2003�0B BROOKS, SHERIFF _ _ R_ ]4/03 FINGERPRINTING 20.00 113150 6/25/2003 BOYLE ENGINEERING_ CORPORATION _ R_ LAAVE WIDENING PROJECT 8,215.09 6 /25 /2003:BRANDCOBILLING R_ TRUCK #11 OIL 28.04 _113151_ 113152 _ _ 6 /25 /2603!BUSBY, RODRIGO _ R_ _CHANGE _ _ _ KARATE INSTRUCTOR_ 469,95 113153 _ _ 6/25/2003 CALCOMP GRAPHIC SOLUTIONS _ R _ jEOC MAP LAMINATION 254.50 113154 6/25/2003 CALIFORNIA_ REDEVELOPMENT R03 _ _ -j CONF CANCELLATION FEE -H RILEY 140.00 113155 _ 6 /25 /2003_CALIFORNIA TRAFFIC_ MAINTENANCE _ R _ -ANNUAL STRIPING CONTRACT 6,259.52 113156 6/25/2003 CANTWELL, ALICE A _ -_ - _ R _ _ (PRESCHOOL ENROLLMENT I 735.00 113157 6/25/2003 CASSC C/O MCBRIDE SENIOR _ _ R_ _ _ _ 10/12 -15/03 CONF -P ROTHSCHILD _ 590.00 113158 6/25 /2603'CHARLES ABBOTT ASSOCIATES V VOID- ADDITIONAL CHECK STUB 113159 16/25/2063 CHARLES ABBOTT ASSOCIATES _ R - - 05/03 B &S & ENGINEERING INV -2 MOS NOTE 167,458.95 113160 _6/25/2003 COMMAND _ PERFORMANCE CATERING R_ 20TH ANNIV EMPLOYEE LUNCH 1,534.37 113161 113162 6/25/2003 COMP_UWAVE _ _ 6/25/2003tD �_ R _ _ _ S_CANDISK,INTERNET OFC,MONITOR,PRINTER - -- - _ 2,149.29 & D SHIRTS UNLIMITED R ADULT SPORTS WINDSHIRT &20TH ANNIV SHIRTS_ 1,112.87 113163 _ 6/25/2003 DATA BYTE CENTRAL INC R - GENERAL OFFICE - 113164 _ 6/25/2003 DEPARTMENT OF JUSTICE - I SUPPLIES_ _ _ _ I4 /03 FINGERPRINT APPS 635.49 96.00 113165 _ _ 1 6125/2003] DIAL SEC_ URITY _ _ _ _R R -R_ _ _ 612 -6/6 METROLINK SECURITY 59_8.00 113166 6/25 /2003 DIGITAL + 1 HOUR _PHOTO _ _ , DEVELOP MPK PD,VECTOR,PARKS &CE_O FILM 327.12 113167 _ 6/25/2003 DIGITAL TELECOMMUNICATION _ R _ I 17/03 AVRC & PW PHONE MAINTENANCE_ _ 434.00 113168 6 /25 /2003IDISPENSING TECHNOLOGY CORP R _ P_W PAINT REFLECTIVE PYMT 185.64 113169 113170 70 _ 6/25/2003 DNA ELECTRIC 5/2 - - .- - -. 6/25!2003 DUAH, - R -_. _& _ _ INSTALL TENNIS CT METERED LIGHTS &CH REMODEL : - - - -. -. _ 2,012.60 _ JOHN K. R SOCCER INSTRUCTOR TOR_ 260.00 113171 _. -.. T 6/25/2003 EATM PROGRAM -_ -- - -- - -- T R _ CAMP MPK FIELD TRIP 180 00 113172 -.. 6/25/2003 FENCE FACTORY RENTALS R_ - � -- -- - - - - - 83 WEST HIGH ST FENCE -' 121.04 113173 _ 6/25l20031FETCHET, ERIC _ R _ JBL OFFICIAL I 80.00 113174 _ _ _ _6/25/2003 FIFTH AVENUE CLEANERS R _ _ _ _ CEO UNIFORM CLEANING _ 113175 1 6125 /2003�FRONTIER CONSTRUCTION, INC - R - - I -- +EFUND HAUL ROUTE DEPOSIT 616.57 5 113176 6/25/2003 G & A_VIDEO_ _ _ R_ -_ REFUND F/A -ONLY A WARNING 55.00 113177_ _ 6!25/2003 H_AMNER, JEWELL &_ASSOC_I_ATES_ _ �_ R _ WIDEN GRIMES CYN & SPRING _ 1,062.50 113178 6/25/20031 HAPPENINGS MAGAZINE _ +6/25/2003 _ R _ROADS _ T -7/03 BEACH BUS AD & 7/3 FIR_ - WORKS_ EVENT AD 610.00 113179 HARRIS AND ASS_ OCIATES R _ GAS1334 IMPLEMENTATION REPORT 2,499.00 113180 6/25/20031HIJAZ, NAHLA -T R _ _TEFUND PARKS SECURITY DEPOSITS I 282.00 113181 6/25/2003 HINO_JOSA, DAMARIS _ _ R JBL OFFICIAL 110.00 113182 _ 6 /25l2003HOME DEPOT -GECF _ - R _ _ _ _ _ _ SPARKS & VECTOR SUPPLIES I 177.47 113183 6/25 /2003 HOUSE SANITARY SUPPLY _ _ COMM. FACILITY_CLEANING SUPPLIES 671.56 113184 _ _6 /25 /20031HYATf WESTLAKE PLAZA _ _ 1 i_ _R _ R _ 7/3 STARS_HIP GROUP LODGING_ 1FITNESS 685.30 _113185 6/25 /2003 IZADSEPAS, MINA G 1 R _ _ & YOGA INSTRUCTOR �_ 1,586._70 113186 6/25/2_003 JOBS A_VAILA_BLE, __C _ INC I R _ _ _ 5 /19_ACCT TECH AD_ 110.40 11_3187 _ 6 /25l2063'J6LLY JUMPS INC_ _ _ _ _ _ _ _ _ (CAMP MPK_SUMME_R ATTRACTIONS I _ 113188_ 6/25/2003 KANE, BALLMER_& BERKMAN _R R_ - - 5/03 SHEA HOMES PROJECT_ _1,232.00 3,870.36 113189 _ 1 6/25/2003�KWIK KART READY MIX, INC. _ R _ _ _ �LAURELHURST SIDEWALK REPAIRS 210.21 11319_0 _ 6/25/20031 L.A. LAWNMOWER _ R REPLACE CH_AINSAW 589.83 113191 - -- 113192 _ 6/25/2003 LAB SAFETY SUPPLY INC I - - - - - 6/25!2003 r R _ _ _ _ _ _ - 1VECTOR SAFETY SUPPLIES -. -_ --- - - - 201.66 -. _ LAMP_POST_PIZZA - - _ R PIZZA PARTY I 520.00 113193 6 /25 /20031LANDIS, KIPP A R _JBL _ _ _ 6/17 MTG COMPENSATION 100.00 w/w- CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF JULY 02, 2003 NUMBER I DATE I VENDOR ISTATUSI DESCRIPTION TOTAL 113194 6 /25 /2003!LAULETTA, DAVID R 6/17 MTG COMPENSATION 100.00 113195 6125/20031LBL EQUIPMENT REPAIR INC R PW TRACTOR SERVICED 304.65 113196 _C__5/20031 2iLEWIS & LEWIS R HP PLOTTER CARTRIDGE 316.39 113197 16 125 /20031LEXISNEXIS MATTHEW BENDER I R EMPLOYMENT SCREENING 56.50 113198 6 /25 /2003;MATILIJA WATER COMPANY R -05 & 06/03 CH,PW,AVRC,PARKS WATER 602.50 113199 6/2512003 MOBIUGECC R 5 /03VEHICLE GASOLINE 16224 6/25/2003 MOORPARK FEED &SUPPLY R VECTOR LAY MASH 9.35 _113200 113201 _- 6/25/2003 MOSER, RYAN M. JBL OFFICIAL_ 80.00 113202 6/25!2003 NORTH OAKS AUTO PARTS _R R CEO,PW,CAR#28 VEHICLE MAINTENANCE 147.03 -- 113203 - _ 6/25/2003 ON DUTY UNIFORMS & EQUIPMENT R -- - CEO UNIFORMS 139.43 113204 6/25/2003 ORCHARD SUPPLY HARDWARE R ':PARK MAINT SUPPLIES 65.84 113205 -- - 6/25/2003 ORKIN EXTERMINATING R -_ . 5/03 CH PEST CONTROL t 188.32 113206 6/25/2003 PACIFIC COAST AUTO BODY R REPAIR DOOR DAMAGE 1,237.47 113207 ._.; 6125!2003 PACIFIC RELOCATION CONSULTANTS _- R 4 & 5/03 PROPERTY MAINTENANCE & MAN_AG_E_MENT 6,362.56 113208 6/2512003 PACIFIC SWEEP -- R ;6/03 STREET SWEEPING SERVICES 7,854.17 113209 5/2 6/2003 PARSONS R -.. 'DETERMINE NATIONAL HWY SYSTEM_ 16,042.88 113210 6/25/2003 PARTY ANIMALS FARM R CAMP MPK EVENT 175.00 113211 6/25/2063:' PEACH HILL SOILS R 'PEACH HILL PARK SAND 37.80 113212 6 /25l2003IPESKAY, ROBERT R 6/17 MTG COMPENSATION 100.00 113213 6/25/2003 PINK rS TIRE SERVICE 1 R TRACTOR REAR TIRE_ 516.06 113214 6/25 /2003 PIONEER OFFICE MACHINES R TEKTRONIC PHASER SERVICE 80.00 - - 113215 - -. _ 7 6/25/2003 PLANTE, THERESA R JBL OFFICIAL_ 80.00 113216 L/25l2003 POSITIVE PROMOTIONS R VOLUNTEER SUPPLIES 40.50 113217 _ 6/25/2003 POSTNET AND COMMUNICATION R 614 & 6/18 CC MTG PACKETS, CORP YARD PHASE 1 917.30 113218 6/25/2003 POZZA, SCOTT R 6117 MTG COMPENSATION 100.00 113219 6 /25 /2003IRADIOSKACKCORPOR PRUDENTIAL OVERALL SUPPLY - R PARKS, VECTOR,PW UNIFORM MAINT_ & SU_PPLIES 184.06 113220 -.. 6!2 512003 ATION R EXT CABLE 16.08 113221 6/25/2003 RALPHS GROCERY COMPANY R _ CITY COUNCIL & AVRC MTG SUPPLIES 124.34 113222 6/25/2003 REFLECTIONS IN VIDEO R FADER POT .10K AND 2 HOUR LABOR CO_ ST 384.82 113223 6/25/2003. ROCKHURST UNIVERSITY R K CHUDOBA TRAINING 487.00 113224 �. -- -- 6/25/2003 ROTARY CLUB OF MOORPARK - - . - R 5/03 CAPTAIN DIAZ DUES - -- 70.00 113225 ' 6/25/2003 RRM DESIGN GROUP R 'ARROYO SIMI TRAIL STUDY 27,391.49 113226 6/2512003 SBC R 5103 PHONE BILLS 1,751.47 113227 6/25/2003 SCANTRON R _ 2500 PAYROLL CHECKS 332.50 113228 6/25!2003 SIGNAL MAINTENANCE R PEACH HILLlfR AND SPRING &HIGH ST SIGNALS 1,039.88 113229 6/2512003 SIMI VALLEY LOCK & KEY f R COMM FACILITIES & PW LOCKS 373.44 113230 6/25 /2003 :SMART & FINAL -. -.. R CAMP MPK & TEEN EVENT SUPPLIES -.. - _... 420.66 113231 6 /25 /2003 ,SOUTHERN CALIFORNIA EDISON R 5114 -6/13 POINDEXTER PARK 221.60 113232 03 6/25/2003 SPEEDY PRESS SERVICES, INC R 7/_3 FIREWORKS EVENT POSTERS 413.99 - 113233 - 6/25 /2003,SUNGARD PENTAMATIO_N INC R 4 & 5103 DATA LINE SERVICES 605.10 113234 6/2512003 SUNRIDGE LANDSCAPE MA_ INTENANCE R -6/03 CITY LANDSCAPE SERVICES 113235 6!2512003 SWING, JAMES ROBERT I R GUITAR INSTRUCTOR I 120.00 113236 6/25/2003 TAFT ELECTRIC COMPANY, INC R 'ELECTRICIAN SERVICES 390.00 113237 6 /25 /2003,TARGET R (CAMP MOORPARK GAMES 133.29 _.. -- 113238 -. : - I -- .. 6/25/2003.THE GAS COMPANY - - - _ R _ 5103 AVRC,MOBILEHOME PARK &COM FAC GAS BILL ._ -..._ .. _ 198.20 _113239_• 6/25/2003 THE HUMANE SOCIETY OF THE_ U.S. _ R 03!04 MEMBERSHIP DUES 25.00 113240 6/25/_2003 THE MARK -IT PLACE R DARE MEDALS & PLAQUES 572.38 113241 6/25/2003 THOUSAND OAKS CAB COMPANY R /5 03 TAXI SERVICE -30 TRIPS 172.60 113242_ 6/25 /2003 ,'THOUSAND OAKS YAMAHA KAWASAKI R PD 2001 KAWASAKI SERVICED -._ - 350.19 113243 6/25/2003 TOTAL TENNIS ACADEMY R TENNIS CLASS INSTRUCTION 410.40 113244 6/25/2003 TRI COUNTY OFFICE FURNITURE _ R 3X3 BROWN BULL NOSE TAB rt 933.07 113245 6/25/2003 TROPHIES ETC R _GPRING JBL TROPHIES 1,525.09 113246 6/25/2003 VENTURA COUNTY ENVIRONMENT R '7/3 EVENT ORGANIZER EHD 136.00 113247 6/25/2003 VENTURA COUNTY GENERAL SERV R I4 /03 RECORD STORAGE 90.50 113248 - 6/25/2003 VENTURA COUNTY STAR - R 5/4 ADMIN AIDE & ACCT TECH ADS 113249 -- _ i 6/25/2003 VENTURA COUNTY WATERWORKS R -- -- 418 -6/10 WATER BILLS 27,147.78 113250 6/25/2003 VENTURA REGIONAL SANITATION R SUBSCRIPTION 25.00 113251 6 /25/20031VIKING EQUIPMENT CORPORATION 1 R __LAGENDA REFUND UNUSED DEPOSIT 881.43 113252_ 6/25/2003' WEST GROUP _ CA CODES 3A -3B PT3_ 128.70 113253 _R 6/25/2003, WESTERN HIGHWAY PRODUCTS R SAFETY FLASHERS 160.88 _1154 32 16 /25 /2003CWHITAKER HARDWARE, INC R I PW PAINT,CABLE &PROPANE ! 34.55 113255 _ _ 6/25/2003 WILDLIFE EXPERIEN CE, INC. R CAMP MPK EVENT 27 5.00 1256 13 6/25/2003 WILLIS, PAMELA S R _ PRESCHOOL ENROLLMENT 504.00 113257 6/25/2003 WIRELESSGUYS, INC. _ +6 R (INDOOR AP,CISCO I 933.62 1 D258 /2 512 0 0 3'ZUMAR INDUSTRIES, INC. R NO PARKING, ST SIGNS, TURN ARROW SIGNS 588.74 TOTAL -. - -. - 413,513.59 ITEM o . C. __Ty r� .x. C,�T, , -,W�IA MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Hugh R. Riley, Assistant City Mana DATE: June 23, 2003 (CC Meeting of July 2, 2003) SUBJECT: Consider First Amendment to Regulatory Agreement for Vintage Crest Senior Apartments, L.P. Modifying Legal Description of the Project Site. DISCUSSION On July 10, 2002 the City Council adopted Resolution 2002 -1989 approving Residential Planned Development Permit No. 2002 -02 for the construction of a 190 -unit senior apartment project on a 9.48 acre site on Park Crest Lane at Park Lane. On November 20, 2002 the City Council authorized the issuance of bonds to provide financing for the project (Vintage Crest Senior Apartments). One of the Approval Conditions for the project required the project developer, USA Properties, to dedicate a certain portion of the site to the Ventura County Flood Control District for the Arroyo Simi Flood Control Channel. In order for USA Properties to make the required dedication the original project property description needs to be modified. The Regulatory Agreement for the project approved by the City Council and recorded on December 13, 2002 includes the property description. Therefore the Agreement must be amended to reflect the modified property description. STAFF RECOMMENDATION Approve First Amendment to Regulatory Agreement for Vintage Crest Senior Apartments, L.P. and Authorize the City Manager to Honorable City Council June 23, 2003 Page 2 sign the Amendment subject to final language approval by the City Manager and the City Attorney Attachment: First Amendment to Regulatory Agreement Recording Requested By And When Recorded, Mail To: USA Properties Fund, Inc. Attn.: Katherine Klein 2440 Professional Drive Roseville, CA 95661 Space Above This Line For Recorder's Use FIRST AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF COVENANTS THIS FIRST AMENDMENT ( "First Amendment ") to that certain Regulatory Agreement and Declaration of Restrictive Covenants, dated December 1, 2002 (the "Regulatory Agreement "), by and among the CITY OF MOORPARK, a municipal corporation organized and existing under the laws of the State of California ( "Issuer "), U.S. BANK NATIONAL ASSOCIATION, a national banking association, organized and existing under the laws of the United States of America ( "Bondowner Representative ") and VINTAGE CREST SENIOR APARTMENTS, L.P., a California limited partnership ( "Borrower ") is entered into as of this _ day of June, 2003. RECITALS A. The parties entered into the Regulatory Agreement, which was recorded with the County Recorder of Ventura County on December 13, 2002, as document number 2002 - 316796 -00, as part of the financing for Borrower's acquisition and construction of a senior housing Project, commonly known as Vintage Crest Senior Apartments, located in the City Moorpark, County of Ventura, State of California. Exhibit "A" to the Regulatory Agreement contains a legal description of the land on which Borrower was to construct the Project. B. Among the conditions imposed by the Issuer for the development of the Project is that Borrower convey to the Ventura County Watershed District (now known as the Ventura County Watershed Protection District) ( "District ") a portion of the land owned by Borrower described on Exhibit "A" to the Regulatory Agreement, which portion is legally described on Exhibit "1" to this First Amendment (the "Watershed Area "). The plans, specifications and building permits for the Project provide that none of the improvements constituting the Project will be constructed on the Watershed Area. C. Section 12 of the Regulatory Agreement provides, in pertinent part, that Borrower may not transfer or convey any portion of the Project, without the prior written consent of the Issuer. D. The parties wish to amend the Regulatory Agreement to confirm the Issuer's consent to the conveyance of the Watershed Area to the District and document C ra .C� el-.4 " [10744.21/0056] v 6'.0—e- r the revised legal description of the land on which the Project will be constructed, following such conveyance. IN CONSIDERATION of the premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consent to Conveyance. The Issuer hereby confirms its consent to the conveyance of the Watershed Area to the District as required by condition A.44 of Resolution No. 2002 -1989 of the City Council of the Issuer approving Residential Planned Development Permit No. 2002 -02. 2. Revised Legal Description. The legal description of the land on which the Project shall be constructed, following the conveyance of the Watershed Area to the District, which shall replace and supersede that contained in Exhibit "A" to the Regulatory Agreement is attached hereto as Exhibit "2." 3. Opinion of Bond Counsel. Issuer has received an opinion of Bond Counsel to the effect that this First Amendment will have not have an adverse effect on the Tax- Exempt status of the interest on the Bonds. 4. Defined Terms. Unless the context otherwise requires, all capitalized terms used in this First Amendment shall have the definitions provided for in the Regulatory Agreement. 5. Regulatory Agreement Otherwise Unchanged. Except as amended by this First Amendment, all terms and conditions of the Regulatory Agreement shall remain in full force and effect. 6. Counterparts. This First Amendment may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. -2- IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this First Amendment as of the date first written above. CITY OF MOORPARK STEVEN KUENY, City Manager U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Bondowner Representative JENNIFER A. BARNES Vice President VINTAGE CREST SENIOR APARTMENTS, L.P., a California limited partnership By: USA Vintage Crest, Inc., a California corporation Its: Administrative General Partner GEOFFREY C. BROWN, President By: Riverside Charitable Corporation, a California nonprofit corporation Its: Managing General Partner IN KENNETH S. ROBERTSON, Chairman of the Board -3- LEGAL DESCRIPTION of WATERSHED AREA A portion of Lot "L" of Tract "L" of the Rancho Simi, County of Ventura, State of California, as per Map recorded in Book 5, Page 5, of Maps and Parcel B of Parcel Map No. 5316, in the City of Moorpark, County of Ventura, State of California, as shown on a Parcel Map recorded in Book 60, Page 87, of Parcel Maps, in the office of the County Recorder of said county, shown as Parcel 1 on the Lot Line Adjustment No. 2002 -05 recorded October 24, 2002, as Instrument No. 2002 - 0259095 -00, Official Records, in the office of the County Recorder of said county. Beginning at the southeast corner of said Lot Line Adjustment; thence, the following numbered courses: 1st: North 66° 00' 24" West, 547.50 feet, along the southerly line of said Lot Line Adjustment, to the southwest corner of said Lot Line Adjustment. 2nd: North 0° 03' 00" West, 213.96 feet, along the westerly line of said Lot Line Adjustment. 3rd: South 68° 34' 26" East, 537.30 feet, along the northerly line of Document No. 98 -15807 of Official Records, recorded February 4, 1998, to a point in the easterly line of said Lot Line Adjustment. 4th: South 00° 03' 00" East, 240.31 feet, along the easterly line to the Point of Beginning. The area of the above - described property is 2.607 acres, more or less. 0 f1h () EXHIBIT "1" � % ; LEGAL DESCRIPTION A portion of Lot "L" of Tract "L" of the Rancho Simi, as per Map recorded in Book 5, Page 5, of Maps and Parcel B of Parcel Map No. 5316, in the City of Moorpark, County of Ventura, State of California, as shown on a Parcel Map recorded in Book 60, Page 87, of Parcel Maps, in the office of the County Recorder of said county, shown as Parcel 1 on the Lot Line Adjustment No. 2002 -05 recorded October 24, 2002, as Instrument No. 2002 - 0259095 -00, Official Records, in the office of the County Recorder of said county; EXCEPTING the following described property which is 2.607 acres, more or less: Beginning at the southeast corner of said Lot Line Adjustment; thence, the following numbered courses: 1st: North 66° 00' 24" West, 547.50 feet, along the southerly line of said Lot Line Adjustment, to the southwest corner of said Lot Line Adjustment. 2nd: North 0° 03' 00" West, 213.96 feet, along the westerly line of said Lot Line Adjustment. 3rd: South 68° 34' 26" East, 537.30 feet, along the northerly line of Document No. 98 -15807 of Official Records, recorded February 4, 1998, to a point in the easterly line of said Lot Line Adjustment. 4th: South 00° 03' 00" East, 240.31 feet, along the easterly line to the Point of Beginning. v Fv� Y' hat EXHIBIT "2" TO: FROM: DATE: SUBJECT: DISCUSSION MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM 10 ._1 • of a -aoo3 ACT BY: Kenneth C. Gilbert, Director of Public Works June 19, 2002 (Council Meeting 7 -2 -03) e�ev Agreement with Calleguas Municipal Water District Pertaining to Certain Improvements Required for the Widening of Los Angeles Avenue at Shasta Avenue A. Background 1. Pacific Communities Builder, Inc. [ "Pacific "] is the owner and developer of certain property located on the south side of Los Angeles Avenue, west of Leta Yancy Road, known as Tract 5053 [the "Tract "]. The construction of the Tract has been delayed due to certain unresolved drainage issues. 2. The Conditions of Approval for the Tract require Pacific to design and construct full -width street improvements along a portion of the south side of Los Angeles Avenue, between Leta Yancy Road and Maureen Lane [the "Project "]. That Project includes the construction of a traffic signal at the intersection of Los Angeles Avenue and Shasta Avenue. 3. The design for the construction of the Project has been completed and Pacific has obtained an Encroachment Permit from Caltrans for this work. 4. In that the construction of the Tract has been delayed, City staff has asked, and Pacific has agreed, that the City be allowed to proceed at this time with the construction of the Project, with all costs for said effort to be reimbursed by Pacific when the construction of the Tract proceeds. Staff is working with Pacific on the development of an Agreement to set forth the terms and conditions related to that cost reimbursement. 0 ee " L A Shasta Calleguas_0306 �,��-* ✓ v . 4. I•eJ Nid Agreement: Calleguas: L. A. Ave /Shasta Ave. June 19, 2003 Page 2 5. With the construction of the Project, plus the construction of a separate City project for the widening of the highway just west of the Project [Maureen Lane to Beltramo Ranch Road] Los Angeles Avenue will have six (6) travel lanes from a point just west of Tierra Rejada Road easterly to Moorpark Avenue. B. Water Line The Calleguas Municipal Water District [ "Calleguas "] owns and operates a water line [`Water Line "] located north of the future curb line within the Project area. This existing Water Line is located south of the existing State right -of -way line, within an easement owned by Calleguas. It has been determined that the depth of the cover (over the Water Line) proposed by the future construction of the Project, is not adequate. An investigation was performed by Calleguas to determine what, if any, portion of the Water Line would have to be relocated by Pacific. That investigation concluded that if certain design exceptions [15" thick asphalt] were approved by Caltrans, then the Water Line could remain in place with the construction of certain Water Line protection improvements [ "Protection Improvements "]. However, if those design exceptions are not approved, it would be necessary to relocate the Water Line. A summary of estimated costs for these two options is as follows: • Protection Improvements (240 LF): $ 327,000 • Water Line relocation (700 LF): $1,115,000 Should it become necessary to relocate the Water Line, it would be necessary to take the Water Line out of service. Service demands require that the Water Line may only be taken out of service during a January/ February. At this point, the earliest this could occur is January 2005. In order to prepare the design, pre- qualify sub - contractors, advertise and award a contract, order materials, fabricate materials, ship and receive materials and have a contractor ready to proceed with construction within the January 2005 window, it is necessary to proceed with design efforts at this time. Should the design exception [15" thick asphalt] be approved by Caltrans (allowing construction of Protection Improvements) there would be no need to shut down the Water Line and this work could be done at any time. L A Shasta Calleguas 0306 Agreement: Calleguas: L. A. Ave /Shasta Ave. June 19, 2003 Page 3 Regardless of which approach (protection or relocation) is taken, it will be necessary to have Calleguas undertake certain efforts generally summarized as follows: • prepare design plans; • participate in the pre - qualification of sub - contractors for the Water Line work; and • provide inspection services during the construction of the Water Line related work. It is proposed that the required Water Line work (protection or relocation) be made part of the construction of the Project to be undertaken by the City. Accordingly, it is proposed that the City enter into an agreement with Calleguas, retaining them to undertake the above described efforts. Attached as Exhibit 1 is a draft Agreement [ "Agreement "] between the City and Calleguas, prepared by Calleguas, setting forth the terms related to City reimbursement of the Calleguas costs for these efforts. It is recommended below that this Agreement be approved, subject to final approval by the City Manager and City Attorney. All costs incurred by the City pursuant to this Agreement would be reimbursed by Pacific, or their successors, at the time the Tract is developed. C. Protect Prereauisites Prerequisites to the City proceeding with the construction of the Project are generally described as follows: 1. Right -of -Way a. Los Angeles Avenue R -O -W - Recordation of the Tract Map would have conveyed to the City or Caltrans the required additional street right -of -way on Los Angeles Avenue. Since that will not occur until a future date, it will be necessary for the Engineer for Pacific to prepared and record deeds conveying this right -of -way to the City. Pacific's Engineer will also be required to prepare a deed, to be recorded later, conveying this right -of -way for the City to Caltrans. b. Entry streets R -O -W - In order to facilitate the Project, it will be necessary to include in the scope of work for the Project, the construction of a portion of Shasta Avenue and a second entry street south of Los Angeles Avenue. Pacific's Engineer will also be asked to prepare deeds conveying this right -of -way to the City. c. Temporary Construction Easements - Pacific's Engineer will also be asked to prepare certain required Temporary Construction Easements. LA—Shasta—Calleguas-0306 �F?R , Agreement: Calleguas: L. A. Ave /Shasta Ave. June 19, 2003 Page 4 d. Drainage Flowage Easement - The plans prepared by Pacific currently show a storm drain inlet on the south side of Los Angeles Avenue at the northwest corner of the Tract. The storm drain pipe running from that inlet to the Arroyo Simi will not be constructed until the Tract is developed. It will be necessary, therefore, for the Project plans to provide for the construction of a cross drain to allow that storm water to be deposited onto Pacific's property to the south of Los Angeles Avenue. Pacific's Engineer will also be asked to prepare a drainage flowage easement accepting the water. e. Landscape Easements: No Landscape Easements will be required. Should it be determined during final approval of the Tract improvements, that installation of parkway landscaping south of the right -of -way line (to be maintained by the City's Landscape Maintenance District) is required, easements for this purpose will be added to the Final Map for the Tract. 2. Design a. Street Improvement Plans and Specs - It will be necessary for the City to retain an Engineer to prepare a set of plans and specifications for the construction of the Project. Those plans and specifications may use as a resource, the plans already prepared by Pacific's Engineer. b. Water Line - The final construction documents will also include the Water Line protection or relocation plans and specifications to be prepared by Calleguas. 3. Caltrans Permit: At the appropriate time, City staff will apply for and obtain a Caltrans encroachment permit for the construction of the Project. D. Environmental Document A Mitigated Negative Declaration, prepared by Pacific for the Tract, has been approved by the Honorable City Council. The construction of the Project and the Protection Improvements prior to the development of the Tract would not result in a change of any of the findings in that Mitigated Negative Declaration. No additional environmental documentation is necessary. L A Shasta Calleguas 0306 Agreement: Calleguas: L. A. Ave /Shasta Ave. June 19, 2003 Page 5 E. Fiscal Impact 1. Costs: Estimated Project costs, for the two above described options, are generally summarized as follows: • Water Line Protection: • Water Line Relocation: Street Water Line Total Description Work ($) Protection ($) Project ($) Design 50,000 42,000 92,000 Construction 800,000 255,000 1,055,000 Inspection 60,000 30,000 90,000 Total 910,000 327,000 1,237,000 • Water Line Relocation: 2. Budget: It is the intent of staff to prepare a Resolution amending the FY 03/04 Budget to add the construction of the Project to the list of City capital projects. The funding source to be proposed for that project will be the Los Angeles Avenue AOC Fund [Fund 2502]. As previously mentioned, it is anticipated that all Project costs will be reimbursed by Pacific (or their successors) when the development of Tract 5053 proceeds. STAFF RECOrbMNDATION 1. Approve a project for the City to undertake the above describe Los Angeles Avenue improvements, with all costs to be reimbursed by the developer of Tract 5053. 2. Authorize the City Manager to execute a Reimbursement Agreement with Pacific Communities for the reimbursement of City costs for the above described work, subject to final language approval by the City Manager and City Attorney. 3. Approve the subject Agreement with Calleguas, subject to final language approval by the City Manager and the City Attorney. Attachments: Exhibit 1: Agreement LA—Shasta—Calleguas-0306 .r ,J ..w a.r Street Water Line Total Description Work ($) Relocation ($) Project ($) Design 50,000 150,000 200,000 Construction 800,000 865,000 1,665,000 Inspection 60,000 100,000 160,000 Total 910,000 1,115,000 2,025,000 2. Budget: It is the intent of staff to prepare a Resolution amending the FY 03/04 Budget to add the construction of the Project to the list of City capital projects. The funding source to be proposed for that project will be the Los Angeles Avenue AOC Fund [Fund 2502]. As previously mentioned, it is anticipated that all Project costs will be reimbursed by Pacific (or their successors) when the development of Tract 5053 proceeds. STAFF RECOrbMNDATION 1. Approve a project for the City to undertake the above describe Los Angeles Avenue improvements, with all costs to be reimbursed by the developer of Tract 5053. 2. Authorize the City Manager to execute a Reimbursement Agreement with Pacific Communities for the reimbursement of City costs for the above described work, subject to final language approval by the City Manager and City Attorney. 3. Approve the subject Agreement with Calleguas, subject to final language approval by the City Manager and the City Attorney. Attachments: Exhibit 1: Agreement LA—Shasta—Calleguas-0306 .r ,J ..w a.r AGREEMENT FOR CONSTRUCTION AND CONVEYANCE OF PROTECTIVE IMPROVEMENTS FOR LAS POSAS FEEDER UNIT 1 Whereas, Calleguas Municipal Water District ( "District") is a municipal water district organized under the Municipal Water District Act of 1911, as amended, Water Code sections 71000 et seq.; Whereas, the City of Moorpark ( "City ") is a California general law society; Whereas, the City plans to widen Los Angeles Avenue in the vicinity of Shasta Avenue in the City of Moorpark, California; Whereas, the District owns and operates a 36 -inch diameter concrete cylinder pipeline, Las Posas Feeder - Unit 1 (LPF -1), a pipeline for transporting water for municipal supply, which runs east to west along Los Angeles Avenue through Moorpark, and the District holds easements of record for said LPF -1 (hereafter "Easements "); Whereas, the City intends to construct certain improvements ( "Street Improvements ") over LPF -1 and within the District's Easements; Whereas, the Street Improvements might harm or damage LPF -1; Whereas, the District requires, and City agrees, that City shall construct improvements ( "Protective Improvements ") designed to protect LPF -1 from the Street Improvements (the Street Improvements and the Protective Improvements are sometimes collectively referred to as the "Improvements "); Whereas, the District requires, and City agrees, that City shall: (a) pay any and all costs of the Protective Improvements; (b) indemnify, defend and hold the District and its Engineers harmless for any potential liability in connection with its construction of the Protective Improvements; (c) acknowledge that the Street Improvements are located within the District's existing Easements for LPF -1; (d) pay for all permits and environmental review studies (including CEQA compliance) necessary for the Protective Improvements, and (e) pay any fees related to construction of the Protective Improvements; THEREFORE, based on the terms and conditions herein, and for valuable consideration received, the parties agree as follows: 1. Protective Improvements To Be Constructed By City. Pursuant to the requirements of this Agreement, City shall diligently construct or cause to be constructed Protective Improvements and related necessary work for LPF -1, all in strict accordance with the plans to be designed by Perliter and Ingalsbe ( "District's Engineers "), and to the satisfaction of the District and its "Resident Inspector" as hereafter set forth. As necessitated by the Street Improvements, the Protective Improvements consist of the protection of LPF -1 wherever less than three and one half (3.5) feet of earth cover is present during construction of the Street Improvements or after the Street Improvements are complete. The road section of base material calleguas_0306a -1- `� �" °`d and/or asphalt is not included in the aforementioned three and one half (3.5) feet of earth cover. As necessitated by the Street Improvements, the Protective Improvements consist of. the protection of LPF -1 between Stations XX +XX and XXX +XX having a total length of approximately, feet. City shall incorporate into its project the Improvement Plans and the design requirements for the Protective Improvements prepared by the District's Engineers and the Street Improvements shall be constructed in accordance with both sets of signed plans (hereinafter referred to as the "Plans "). The City shall also incorporate into its Street Improvement Plans protective measures established by the District which must be implemented during construction of the Street Improvements to assure that LPF -1 is not damaged. 2. Other Work Associated with LPF -1. City shall diligently construct or cause to be constructed the relocation of an existing air /vacuum relief valve ( "air vac ") to the location shown in Exhibit "A" and the raising of all necessary Calleguas manholes to grade. 3. Representations and Warranties. City represents and warrants that City's construction plan s, l , ; be' aceeT on file with the District, prepared hit r-m-an(Poorc 2 , 1�ll accurately represent the final grades for the project. If before or during construction, any changes are required or ordered by the District or its Resident Inspector, which in their opinion are necessary or required to complete the work, City shall make such changes at its sole expense. 4. Requirements for Contractors. Prior to bidding the Street Improvements, City shall pre - qualify subcontractors that have the necessary skill and experience to complete the work necessary for construction of the Protective Improvements and relocation of the air vac. General contractors bidding shall be required to use one of the pre - qualified subcontractors to perform construction of the Protective Improvements and relocation of the air vac. The District will provide the City with the pre - qualification criteria. City further agrees that prior to the start of construction of the Protective Improvements, a pre - construction meeting shall be held with City staff, District staff, the general contractor for the Street Improvements, and the subcontractor for the Protective Improvements. S. District Inspector. City agrees that all work on the Protective Improvements shall be subject to the inspection and approval of the District Resident Inspector ( "DRI "). City further agrees that: (a) the District shall have a DRI on site during all work performed on the Protective Improvements and (b) the District shall have a DRI on site on an as- needed basis when construction equipment for the Street Improvement project is crossing LPF -1. All materials furnished and all work done on the Protective Improvements and the District's air vac shall be subject to inspection by the DRI. Work done on the Protective Improvements or the air vac in the absence of the DRI may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement shall be borne by City, irrespective of whether the removed work is found to be defective or not. Work on the Protective F callcguas_0306a -2- .s r ✓ar Improvements covered up without the authority of the District shall, upon order of the District, be uncovered to the extent required, and City shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the District. Whenever City's contractor arranges to work at night or at any time when work is not usually in progress, or to vary the period during which work is carried on each day, City shall give the District at least one week's notice so that inspection may be provided. 6. Payment of Construction and Engineering Costs /Estimated Costs. City agrees to pay all costs and fees associated with the construction of the Protective Improvements, and all of District's costs and fees in connection with the Protective Improvements and Street Improvements, including but not limited to, engineering fees associated with review of City's project plans and preparation of the Plans; legal fees for preparation and implementation of this Agreement; inspection costs both during construction of the Protective Improvements and Street Improvements, as required to ensure the safety of LPF - 1; and fully burdened staff costs for project management and administration. a. Within ty O'0 "da, ;s of execution of this Agreement, City shall pay the District a deposit in the amount of $56, for engineering, project management, administration, and inspection costs incurred to date and estimated future costs associated with the Protective Improvements and Street Improvements. b. City shall pay its contractor(s) /subcontractor(s) all construction costs associated with the construction of the Protective Improvements; c. City shall obtain and pay for all permits as may be required by the ordinances and regulations of public agencies having jurisdiction over the areas in which the Protective Improvements are located, and pay for all costs associated with any permits; and d. City shall pay all costs and fees associated with construction of the Protective Improvements. Upon completion of construction of City's project, the District will make a final accounting of all costs incurred by it associated with the Protective Improvements and Street Improvements. If the total costs incurred are less than the deposits provided by City, the District will reimburse City for the difference. If the total costs incurred exceed the deposits provided by City, City shall reimburse and repay to the District all costs set forth in this Section 6 and as otherwise may be incurred by the District in connection with this Agreement, within thirty days after presentation by the District to City of a request for such reimbursement, and presentation of documentation substantiating such costs. Failure by City to timely pay the District's reimbursement requests shall be considered a breach of this Agreement and any such unpaid reimbursement amounts shall bear interest at the legal rate. 7. Operation of Portion of LPF -1. The District shall maintain and operate the existing LPF -1 during City's construction of the Improvements. At no time during construction of the Street Improvements or the Protective Improvements shall City be permitted to stop or impact the performance of LPF -1, a critical supply line delivering potable water. calleguas_0306a —3— If, in the sole opinion of the District and the District's Engineers, there is any risk to the integrity of LPF -1 or its ability to deliver potable water due to City's actions or lack thereof, the District may take any and all necessary action, at City's sole expense, to protect the pipeline. If deemed necessary by the District, the District may order City to cease all construction activities within the District's Easements, or in any areas near the Easements if such activities threaten the integrity of LPF -1 or its ability to deliver potable water, until such protective measures are completed. 8. Payment Bond. The City shall require its general contractor for construction of the Street Improvements and the Protective Improvements to furnish a payment bond to secure payment to contractors, subcontractors, material men, suppliers and others furnishing labor or materials to them for the Protective Improvements required under this Agreement. 9. Faithful Performance Bond. The City shall require its general contractor for the construction of the Street Improvements to furnish a bond conditioned upon the faithful performance of the work associated with construction of the Protective Improvements ( "Performance Bond "). City shall require its general contractor to warrant and guarantee all materials and work for a period of two years after the date of filing of the Notice of Completion on the Street Improvements project and that the warranty be secured by a warranty bond or an extension of the performance bond for the project through the two -year warranty period. If, within a period of two years after acceptance of the Protective Improvements, any structure or part of the Protective Improvements fails to fulfill any of the requirements of this Agreement or the Plans referred to herein, City, its general contractor, or the contractor's surety shall without delay and without cost to the District repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should City, its general contractor, or the contractor's surety fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before City can be notified, the District may, at its option, make the necessary repairs or replacements or perform the necessary work and City shall pay to the District the actual cost (including administrative and overhead costs) of such repairs. 10. Indemnification. City shall indemnify, defend and hold harmless the District and its directors, officers, employees and agents and the District's Engineers from and against any and all liability, loss, damage, claims, demands, expenses, costs (including without limitation reasonable attorney's and expert's fees and costs in connection with litigation) of any kind or nature (including without limitation personal injury, death, or property damage), arising out of the failure of City to comply with any of the obligations of this Agreement, or the performance of work on the Protective Improvements by City or its contractor(s) or subcontractor(s) or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, except where caused by the sole or active negligence or willful misconduct of the District. Submission by City of proof of compliance with the insurance requirements of this Agreement shall not relieve City from liability under this indemnity section and District does not waive any rights against City because of the District's acceptance of such insurance polices. The obligations of this indemnification section shall apply regardless of whether: (a) such insurance calleguas_0306a -4- v 0 policy or policies shall have been determined to apply to any of such losses, damage, liability, costs, expenses, claims or demands; or (b) the District has prepared, supplied or approved the Plans, or any changes thereof. 11. Insurance. Prior to commencing work on the Protective Improvements, City shall require that its general contractor for the Street Improvements and the subcontractor for the Protective Improvements furnish to the District evidence of insurance coverage and additional insured endorsements as required pursuant to Exhibit `B" attached hereto. 12. Completion; Acceptance; Ownership of Protective Improvements. The District's Resident Inspector shall have the right to reject any or all of the work to be performed on the Protective Improvements if the work does not conform with the Plans, or the laws, rules or regulations of the District or any governmental entity with jurisdiction thereof or is not in accordance with the terms of this Agreement. Upon satisfactory completion of the Protective Improvements by City (which determination shall be in the sole discretion of the District), the District shall certify that the work has been satisfactorily completed. At the completion of the Street Improvement project, the City shall execute, acknowledge, and record a notice of completion in the manner provided by law. No work shall be performed within any portion of the Easements where the Protective Improvements are to be installed until the Protective Improvements have been satisfactorily completed. Upon completion of construction of the Protective Improvements, the Protective Improvements constructed pursuant to this Agreement shall vest in and become the property of the District. 13. Compliance with Law. City shall comply, and cause its contractor(s) and subcontractor(s) to comply, with all federal, state, and local statutes, laws, ordinances, rules, regulations, and orders (including safety orders) applicable to the work to be done, and shall provide safe access for the District's Resident Inspector to all parts of the Protective Improvements and to any areas where the work is in progress. 14. Recordin2/Effective Date. The District shall cause this Agreement to be recorded as soon as possible after the execution of this Agreement in the Official Records of the County of Ventura, California, and thereafter deliver a copy of this Agreement, showing recordation, to City. The effective date of this Agreement shall be the date on which it is recorded. 15. No Inducement. Each party acknowledges to the other that no one (including, without limitation, any party, or any agent or attorney of any party) has made any promise, representation, or warranty whatsoever, expressed or implied, written or oral, not contained herein concerning the subject matter hereof to induce it to execute this Agreement, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, or warranty not contained herein. calleguas_0306a —5— v <./ e-1% c� a 16. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 17. Modification only in Writing. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral understanding or agreement not incorporated herein shall be binding on any of the parties. 18. Incorporation of Recitals. The foregoing recitals are incorporated herein as though fully set forth. 19. Representation by Counsel. Each party acknowledges that it has been represented by independent legal counsel of its own choice throughout all of the negotiations which preceded the execution of this Agreement and that it has executed this Agreement with the consent and on the advice of such independent legal counsel. Each party further acknowledges that it and its counsel have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of this Agreement prior to the execution hereof and the delivery and acceptance of the consideration specified herein. 20. Joint Drafting. This Agreement has been jointly negotiated and drafted. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any party. 21. California Law. This Agreement shall in all respects be interpreted, enforced and governed by and under the laws of the State of California applicable to instruments, persons, and transactions, which have legal contact and relationships solely within the State of California. Should any litigation be filed concerning this Agreement, such litigation shall be filed and heard in a court of competent jurisdiction for the County of Ventura. 22. Gender. Whenever in this Agreement the context so requires: a. "And" shall include "or" and vice versa; b. The neuter gender shall be deemed to refer to and include the masculine and the feminine gender; and c. The singular shall be deemed to refer to and include the plural. 23. Notices. All notices or requests shall be delivered by either party to the other by depositing the same in the United States mail with postage prepaid for delivery to the addresses stated below: If to the District: Donald R. Kendall General Manager Calleguas Municipal Water District 2100 Olsen Road callegum_0306a -6- `, `1'-"�J P%0 Thousand Oaks, California 91360 -6800 If to the City: Ken Gilbert Director of Public Works 799 Moorpark Avenue Moorpark, California 93021 24. No waiver. No failure or delay by the District in asserting its rights or remedies hereunder as to any default shall operate as a waiver of the default, of any subsequent or other default, or any rights or remedies. No such delay shall deprive the District of its right to institute and maintain any action or proceeding which may be necessary to protect, assert, or enforce any rights or remedies arising out of this Agreement or the performance thereof. 25. Relationship of Parties. The parties agree that neither City nor its contractor or subcontractor(s), nor any of their respective officers, employees, or agents are employees of the District, nor shall they be considered agents of the District in connection with the performance of City's obligations hereunder. 26. Counterparts. This Agreement may be executed in counterparts and such counterparts shall constitute one agreement, binding on all the parties hereto. 27. Authority. Each person executing this Agreement warrants and represents to the other party that it has the authority to execute this Agreement, that it has read and fully understands this Agreement, and that it is entering into this Agreement freely and voluntarily. 28. Further Documents. Each party hereto agrees to cooperate fully and to carry out the spirit and intent of this Agreement, and shall execute and deliver such additional documents, instruments and other materials as may be reasonably requested by the other party. 29. Headings. Paragraph headings in this Agreement are for reference purposes only and shall not be considered in interpreting this Agreement. calleguas_0306a —7— J r:. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. CALLEGUAS MUNICIPAL WATER DISTRICT LOW Donald R. Kendall General Manager CITY OF MOORPARK Patrick Hunter Mayor Dated: Dated: calleguas_0306a —8- C, ,,, v.-�eti.+ "�t Exhibit "A" Easement Deed for Airvac Relocation Site callegms_0306a ,, ; —e.- �d 4..J J Exhibit "B" INSURANCE REQUIREMENTS FOR CONTRACTOR AND SUBCONTRACTOR Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the Agreement by the Contractor, or its employees, agents or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Offices form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self- Insurance Retention Any deductibles or self - insured retention's must be declared to and approved by the District. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: 1. The District and its officers, directors and employees are to be covered as additional insured with respect to automobiles owned, leased, hired, or borrowed or on behalf of Contractor, and with respect to liability arising out of work or operations performed by or on behalf of callee as_0306a -10- Contractor including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the District, and its officers, directors and employees. Any insurance or self - insurance maintained by the District, and its officers, directors or employees shall be in excess of Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that either party shall not cancel coverage, except after thirty (30) days prior written notice by certified mail has been given to the District. 4. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District and its officers, directors, and employees. 5. Contractor's insurance shall apply separately to each insured against whom claim is made or brought, except with respect to the limits of the insurer's liability. Acceptance of Insurers Insurance is to be placed with insurers with a current AM Best's rating of no less than A: VII, unless otherwise acceptable to the District. Verification of Coverage Contractor shall furnish the District with certificates demonstrating coverage required by this Attachment. Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf, and in a form satisfactory to District. All certificates are to be received and approved by the District before work commences. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements herein. calleguu_0306a - 11- , ,-/ ,...0 kJ y CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION WORK IDENTIFICATION Labor Code Section 3700, in pertinent part, provides: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: 1. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. 2. By securing from the Director of Industrial Relations a certificate of consent to self - insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his employees." I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of any work under this Agreement. Signed: (Contractor) (Title) Dated: (In accordance with California Labor Code Section 1860, et M. the above Certificate must be signed and filed with the District prior to performing any work under the Agreement.) Ccalleguas_0306a —12— � .,y , ,,,� TO: FROM: DATE: ITEM 10-F. of I- Ae123 lP Moorpark City Council Agenda Report The Honorable City Council Kenneth C. Gilbert, Director of Public Works June 20, 2003 (Council Meeting 7 -2 -03) TN__ SUBJECT: Notice of Completion for the 2002 Curb Ramp Project BACKGROUND In February of 2003, the City Council awarded a contract for the construction of the subject project. The purpose of the project was to install curb ramps at certain "T" intersections, in order to improve handicap access. DISCUSSION A. Project Scope The location of the thirty -two (32). new curb ramps is illustrated on the map attached as Exhibit 1. B. Quantity Adjustment In the construction of a Public Works project, it is not uncommon for the final actual quantity for given bid items to differ from the engineer's estimate of quantities set forth in the original bid documents. The final contract cost will differ from the bid price, based upon the actual quantities required. The final quantities required for this project were more than the engineer's estimate. The cost of the additional quantities required was $5,003.15. Curb ramp_cmp Curb Ramp Project: Notice of Completion June 20, 2003 Page 2 C. Change Orders There was one Change Order required for the project, in the amount of $2,128.95. D. Fiscal Impact 1. Construction Cost: A summary of the final construction costs is as follows: Description Cost Est. ($) Bid Amount 42,382.21 Quantity Adjustments 5,003.15 Change Orders 2.128.95 Total 49,514.31 2. Total Project Costs: Project 8030 is funded by TDA Article 3 (SB -821) grant monies [Fund 2602], with the local share costs coming from Fund 2603: TDA Article 8 (Local Transportation Fund). An estimate of the total final project costs, allocated to funding sources, is as follows: Proiect 8030 Fund 2602 Fund 2603 Description SB -821 ($) LTF ($) Total FY 02/03 Design 5,591.00 5,591.00 11,182.00 Construction 24,757.15 24,757.16 49,514.31 Inspection 1,000.00 1.000.00 2,000.00 FY02103 Sub -Total 31,348.15 31,348.16 62,696.31 Plus Prior Year Design Costs 207.00 207.00 Total 31,348.15 31,555.16 62,903.31 3. Budget Surplus: The projected budget surplus for this project is as follows: Project 8030 Estimated Projected Description Budget ($) Actual ($) Surplus ($) Fund 2603: LTF Design 20,000.00 5,591.00 14,409.00 Construction 77,000.00 24,757.16 52,242.84 Inspection 15,000.00 1,000.00 14,000.00 Sub -Total 112,000.00 31,348.16 80,651.84 Fund 2602: SB -821 Grant Design 5,700.00 5,591.00 109.00 Construction 35,800.00 24,757.15 11,042.85 Inspection 1,500.00 1,000.00 500.00 Sub -Total 43,000.00 31,348.15 11,651.85 Total 155,000.00 62,696.31 92,303.69 Curb ramp_cmp Curb Ramp Project: Notice of Completion June 20, 2003 Page 3 4. Reallocation of Fund 2602 Suzplus: The City Council recently awarded a contract for the Flinn Avenue Realignment Project [Project 8037]. That project included the widening of Spring Road to accommodate new Bike Lanes. A portion of the cost of that street widening is funded by SB -821 bicycle / pedestrian facilities grant money (SB -821 - Fund 2602). It is the intent of staff to action, the above cited Fund Flinn Avenue project. E. Final Inspection and Acceptance transfer, via administrative 2602 surplus [$11,652] to the The City has completed a final inspection of the project and has found the work to be acceptable, less minor "punch- list" items. At this time it would be appropriate for the City Council to accept the project as complete and direct the City Clerk to record the Notice of Completion to start the final lean period, upon completion of correction of the "punch - list" items. Absent the receipt of any Stop Notices from subcontractors or suppliers, the ten percent retention will be released thirty -five (35) days after the date of the recordation of that notice. STAFF RECOMMENDATION Accept the work as complete. Attachments: Exhibit 1: Map Curb ramp_cmp ( 'J Vd � 0 0 VN A 0 ki OF ,fpl 1v31c,- 73NJXQIA ON ❑ Qz Ll it Ct TO: FROM: ITEM o • . CITY OF CALTF()RNTA of 7- a ACTION: - AL aooa -a MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk ") DATE: June 24, 2003 (CC Meeting of 7/2/03) SUBJECT: Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2002 -2041 BACKGROUND AND DISCUSSION Attached to this report is a draft resolution amending the Salary Plan to incorporate a 2.6 percent cost -of- living salary increase, consistent with the current Memorandum of Agreement between the City of Moorpark and the Service Employees International Union AFL - CIO, CLC, Local 998. The Salary Tables attached as Exhibit A to the resolution incorporate the cost of living increase. Also incorporated into the Salary Plan resolution is the addition of a City Engineer position as Range 85. Consideration of a City Engineer position is a separate Action /Discussion item on the agenda for the July 2, 2003, regular meeting. If the City Engineer position is not approved, the Salary Plan resolution should be amended to delete reference to the City Engineer position prior to adoption. STAFF RECOMMENDATION Adopt Resolution No. 2003- Attachment: Draft Salary Plan Resolution including Salary Tables RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE SALARY PLAN FOR COMPETITIVE SERVICE, NON - COMPETITIVE SERVICE AND HOURLY EMPLOYEES, AND RESCINDING RESOLUTION NO. 2002 -2041 WHEREAS, the City Council at its meeting on December 18, 2002, adopted a new Salary Plan to add a Community Services Technician position, revise the title for Recreation Superintendent to Recreation Manager, and revise the salary range for the Clerk Typist position to be consistent with the Clerk position listed under the Hourly Positions heading; and WHEREAS, changes are now proposed to the Salary Plan to implement a 2.6 percent cost -of- living increase to all Salary Ranges and add a City Engineer position at Range 85. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The salary plan of hourly rates is hereby adopted for all of the positions herein listed: Non- Com,Detitive Service Positions* City Manager Assistant City Manager City Engineer Deputy City Manager Community Development Director Community Services Director Public Works Director Administrative Services Director Assistant to City Manager /City Clerk Budget and Finance Manager Planning Manager Redevelopment Manager Administrative Services Manager Finance /Accounting Manager Accountant II Information Systems Manager Principal Planner Recreation Manager Senior Management Analyst Accountant I Assistant City Clerk Information Systems Supervisor Management Analyst Public Works Supervisor Salary Range 95 87 85 85 83 83 83 83 83 75 75 71 71 71 67 67 67 67 67 62 62 62 62 62 * All Non-Competitive Service Positions are exempt from payment of overtime. e , F" I> ,% A it ��/ � Yat, J Resolution No. 2003 - Page 2 Competitive Service Positions Salary Range Senior Planner ** 64 Associate Planner 60 Recreation Supervisor 59 Maintenance Supervisor 59 Vector /Animal Control Specialist 59 Assistant Planner 56 Human Resources Analyst 56 Executive Secretary 52 Planning Technician II 52 Code Enforcement Officer II 51 Account Technician II 51 Human Resources Assistant 51 Senior Center Coordinator 51 Recreation Coordinator II 51 Deputy City Clerk II 50 Recreation Coordinator I 47 Account Technician I 46 Administrative Services Technician 46 Community Services Technician 46 Deputy City Clerk I 46 Senior Maintenance Worker 45 Administrative Secretary 43 Maintenance Worker III 41 Planning Technician I 41 Vector /Animal Control Technician 41 Code Enforcement Officer I 40 Crossing Guard Supervisor 39 Secretary II 39 Receptionist 39 Teen Coordinator 39 Account Clerk II 38 Records Clerk 38 Maintenance Worker II 37 Account Clerk I 34 Secretary I 29 Clerk Typist 22 Maintenance Worker I 18 ** Competitive Service positions designated as exempt from the payment of overtime. Resolution No. 2003 - Page 3 Hourly Positions * ** Information Systems Technician Program Director Recreation Assistant Recreation Leader III Intern Laborer /Custodian III Recreation Leader II Clerk Administrative Aide Laborer /Custodian II Crossing Guard Recreation Leader I Clerical Aide II Laborer /Custodian I Clerical Aide I Recreation Aide Salary Ranae 46 34 32 32 30 28 22 22 20 18 18 14 14 10 6 6 SECTION 2. The corresponding salaries for the ranges established in Section 1 of this resolution are attached hereto and incorporated herein as the "Hourly Salary Schedule" Table. Also attached for information purposes are "Bi- Weekly Salary Schedule" and "Monthly Salary Schedule." The Annual Salary for each range may be calculated by multiplying the Monthly Salary by twelve (12), or by multiplying the Bi- weekly Salary by twenty -six (26). SECTION 3. The Salary Plan is based on ranges of two and one - half percent (2.5 %) and step increases of two and one -half percent (2.5 %) with a total of thirteen (13) steps. SECTION 4. City shall continue to pay a deferred compensation contribution into a City approved deferred compensation program, for enrolled regular full -time and regular part -time employees, and the contribution amount shall be as follows: City Manager - Three percent (3.0 %) of gross base salary, Department Head positions - two and one -half percent (2.5 %) of gross base salary, and all other Management and Competitive Service regular full -time and regular part -time positions - Two percent (2.0 %) of gross base salary. Gross base salary is defined as wages paid as described in the Salary Plan (reference Section 3, herein) plus any additional wages paid to the employee which are calculated as a percent of the Salary Plan wages (excluding deferred compensation payment). SECTION 5. The City shall pay compensation for Spanish language bilingual skills to regular non - competitive and competitive service employees, consistent with the rate and qualification requirements approved in a Memorandum of Agreement * ** An employee in a designated hourly position may be hired as regular part -time, consistent with the definition in the City's Personnel Rules. Resolution No. 2003 - Page 4 between the City of Moorpark and the Service Employees International Union AFL -CIO, CLC, Local 998. Qualification for bilingual pay shall be determined by the City Manager at his or her sole discretion. SECTION 6. Implementation of salary adjustments for positions noted in Section 1, herein, shall be limited by the performance review system. Employees shall be evaluated prior to their anniversary date, and salary adjustments shall be effective as of the first day of the pay period in which the anniversary date occurs. SECTION 7. The implementation of this Salary Plan shall be effective beginning with the paycheck dated August 1, 2003. SECTION 8. Resolution No. 2002 -2041 is hereby rescinded in its entirety. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Salary Tables (Hourly, Bi- weekly, and Monthly) Resolution 2003 - Page 5 RANGE STEP A STEP B STEP C STEP D EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 8.51 6 6.65 6.82 6.99 7.16 7.34 7.52 7.71 7.91 8.10 8.31 9.40 7 6.82 - 6.99 7.16 7.34 7.52 - 7.71 - 7.91 8.10 8.31 8.51 10.37 8 6.99 7.16 7.34 7.52 7.71- 7.91 8.10 8.31 8.51 _8.73 11.45 - 9 7.16 - 7.34 7.52 7.71 7.91 8.10 _ 8.31 _ 8.51 _ 8.73 - - 8.94 12.64 10 7.34 7.52 7.71 7.91 8.10 8.31 8.51 8.73 8.94 9.17 1_3.95 11 7.52 7.71 7.91 8.10 - 8.31 8.51 8.73 - 8.94 - 9.17 9.40 15.40 12 7.71 7.91 8.10 8.31 _ -8.51 8.73 8.94 9.17 _ 9.40 9.6_3 17.00 13 7.91 8.10 - _ 8.31 8.51 8.73 8.94 9.17 9.40 9.63 - _ 9.87 18.76 14 8.10 8.31 -8.51 - 8.73 - 8.94 9.17 9.40 - 9.63 9.87 10.12 20.71 15 8.31 8.51 8.73 8.94 9.17 9.40 9.63 9.87 _ 10.12 10.37 16 8.51_ 8.73 8.94 9.17 9.40 9.63 9.87 10.12 10._37 10.63 17 - 8.73 8.94 9.17 9.40 - 9.63 - 10.12 10.37 10.63 10.90 18 8.94 9.17 9.40 9.63 9.87 10.12 10.37 10.63 10_.90 11.17 19 9.17 9.40 9.63 9.87 _ 10_.12 10.37 10.63 10._90 11.17 11.45 20 9.40 9.63 9.87 10.12 10.37 10.63 10.90 11.17 11.45 11.74 21 9.63 9.87 10.12 10.37 10.63 10.90 11.17 11.45 11.74 12.03 22 9.87 10.12 10.37 10.63 10.90 11.17 11.45 11.74 12.03 12.33 23 10._12 10.37 10.63 10.90 11.17 11.45 11.74 12.03 12.33 12.64 24 10.37 10.63 10.90 11.17 11.45 11.74 12.03 12.33 12.64 12.95 25 10.63 10.90 11.17 11.45 11.74 12.03 12.33 1_2.64 12.95 13.28 26 10.90 11.17 11.45 11.74 12.03 12.33 12.64 12.95 13.28 13.61 27 1_1.17 11.45 11.74 12.03 12.33 12.64 12.95 13.28 13.61 13.95 28 11.45 11.74 12.03 12.33 12.64 12.95 13.28 13.61 13.95 14.30 29 11.74 12.03 12.33 1_2.64 12.95 13.28 13.61 13.95 14.30 14.66 30 12.03 12.33 12.64 12.95 13.28 13.61 13.95 14.30 14.66 15.02 31 12.33 12.64 12.95 13.28 13.61 13.95 14.30 14.66 15.02 15.40 32 12.64 12.95 13.28 13.61 13.95 14.30 14.66 15.02 15.40 15.78 33 12.95 13.28 13.61 13.95 14.30 14.66 15.02 15.40 15.78 16.18 34 13.28 13.61 13.95 14.30 14.66 15.02 15.40 15.78 16.18 16.58 35 13.61 13.95 14.30 14.66 15.02 15.40 15.78 16.18 16.58 17.00 36 13.95 14.30 14.66 15.02 15.40 15.78 16.18 16.58 17.00 17.42 37 14.30 14.66 15.02 15.40 15.78 16.18 16.58 17.00 17.42 17.86 38 14.66 15.02 15.40 1_5.78 16.18 16.58 17.00 17.42 17.86 18.30 39 15.02 15.40 15.78 16.18 16.58 17.00 17.42 17.86 18.30 18.76 40 15.40 15.78 16.18 16.58 17.00 17.42 17.86 18.30 18.76 19.23 } 41 15.78 16.18 16.58 17.00 17.42 17.86 18.30 18.76 19.23 19.71 } a 42 16.18 16.58 17.00 17.42 17.86 18.30 18.76 19.23 19.71 20.20 43 16.58 17.00 17.42 17.86 18.30 18.76 19.23 19.71 20.20 20.71 8.51 8.73 8.94 8.73 8.94 9.17 8.94 9.17 9.40 - 9.17 9.40 9.63 9.40 - 9.63 9.87 9.63 9.87 10.12 9.87 10.12 10.37 10.12 10.37 10.63 10.37 10.63 10.90 10.63 10.90 11.17 10.90 11.17 11.45 11.17 11.45 11.74 11.45 11.74 12.03 11.74 12.03 12.33_ 12.03 12.33 12.64 12.33 12_.64 12795 12.64 12.95 13.28 12.95 13.28 13.61 13_.28 13.6_1 13.95 13.61 13.95 14.30 1_3.95 14.30 14.66 14.30 14.66 15.02 14.66 15.02 15.40 15.02 15.40 15.78 15.40 15.78 16.18 15.78 16_.18 16.58 16.18 16.58 16.58 17.00 _17.00 17.42 17.00 17.42 17.86_ 17.42 17.86 18.30 17.86 18.30 18.76 18.30 18.76 19.23 18.76 19.23 19.71 19.23 19.71 20.20 19.71 20.20 20.71 20.20 20.71 21.22 20.71 21.22 21.76 21.22 21.76 22.30 Resolution 2003 - Page 6 EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L 44 17.00 17.42 17.86 18.30 18.76 19.23 19.71 20.20 20.71 STEP M 21.22 21.76 45 17.42 17.86 18.30_ 18.76 19.23 19.71 20.20 20.71 21.22 _ 21.76 22.30 22.86 46 - 17_86 18.30 18.76 19.23 19.71 _ 20.20 20.71 21.22 21.76 22.30_ 22.86 23.43 47 18.30 18.76 - 19.23 19.71 20.20 20.71 21.22 21.76 22.30 22.86_ 23.43_ 24.01 - 48 18.76 - 19.23 19.71 20.20 - - 20.71 21- - - - 21.76 -- - _ 22.30 - - 22.86 23.43 24.01 -24.61 24.61 49 9 - 19.23 - 19.71 20.20 20.71 21.22 .22 21.76 230 6 _ 23.43 24.01 25.23 -- 50 - - - 19.71 - 20.20 20.71 21.22 21.76 _ 22.30_ 22.86 23.43 24.01 24.61 _ 25.23 25.86 51 20.20 20.71 21.22 21.76 22.30 22.86 23.43 24.01 24.61 25.23 25.86 26.51 52 20.71 21.22 - - - 21.76 - 22.30 22.86 23.43 24.01 _ _ 24.61 _ 25.23_ 25.86 26.51 27.17 53 21.22- 21.76 22.30 22.86 23.43 _ 24.01 _ 24.61 25.23 25.86 26.51 27.17 27- - 54 21.76 22.30 22.86 23.43 24.01 24.61 25.23 25.86_ 26.51 27.17 _ 27.85 .85 28.54 22.30 22.30 22.86 23.43 24.01 24.61 25.23 25.86 _ 26.51 27.17 27.85_ 28.54 29.26 - - 6 -- - - 22.86 -- - - 23.43 - - 24.01 24.61 25.23 25.86 26.51_ 27.17 _ 27.85 28.54 29.26 29.99 22.86 23.43 24.01 24.61 25.23 25.86 _ 26.51_ _ 27.17 _ 27.85 28._54 29.26 29.99 30.74 58 23.43 24.01 24.61 25.23 25.86 26.51 27.17 27.85 28.54 _ 29.26 29.99 30.74_ 31.51 - - 24.01 - 24.61 25.23 25.86 _ 26.51 _ _ _ 27.17 _ 27.85 28.54 29.26 29.99 30.74 _ 31.51 59 - - 24.61 - _. 25.23 25.86 26.51 27.17 - 27.85 28.54 29.26 _ - 29.99 30.74 31.51 32.29 32.29 - - 5.23 - - - 25.86 26.51 27.17 27.85 28.54 29.26 29.99 30.74_ 31.51 _ 32.29 33.10 61 25.86 26.51 27.17 27.85 28.54 _ 29.26 29.99 30.74 31.51 32.29 33.10 _ 33.93 62 1 26.5.17 27 27.85 28.54 29.26 29.99 30.74 31.51 32.29 _ 33.10_ 33.93 34.78 63 27.17 27.85 28.54 29.26 29.99 30.74 31.51 _ 32.29 33.10 33.93 34.7_8 _ 35.65 64 27.85 28.54 29.26 29.99 30.74 31.51 32.29 33.10 _ 33.93 34.78 35.65 36.54 65 28.54 29.26_ 29.99 30.74 31.51 32.29 33.10 33.93 34.78 35.65 _ 36.54 37.45 66 29.26 29.99 30.74 31.51 32.29 33.10 33.93 34.78 _ 35.65 36.54 37.45 38.39 67 29.99 30.74 31.51 32.29 33.10 33.93 34.78 35.65 36.54 37.45 38.39 _ 39.35 30.74 31.51 32.29 33.10 33.93 34.78 _ 35.65 _ 36.54 37.45 38.39 39.35_ 40.33 69 31.51 32.29 33.10 33.10 33.93 34.78 35.65 36.54 37.45 38.39 39.35 _ 40.33 41- 1.34 70 32.29 33.10 _ 33.93 34.78 35.65 _ 36.54_ 37.45 38.39 39.35 40.33 41.34 42.37 - 71 33.10 33.93 33.93 34.78 35.65 36.54 37.45 38.39 39.35_ 40.33 41.34 42.37 43.43 72 33.93 34.78 35.65 36.54 37.45 38.39 39.35 40.33 41.34_ 42.37 _ 43.43 44.52 73 34.78 34.78 35.65 36.54 37.45 38.39 39.35 40.33 41.34 _ 42.37 43.43 44.52 45.63 74 35.65 36.54 3. 7.45 38.39 39.35 40.33 41.34 42.37 43.43 44.52 45.63 46.77 _ 35.65 36.54 37.45 38.39_ 39.35 40.33 41.34 42.37_ 43.43 44.52 45.63 46.77 75 36.54 37.45 38.39 39.35 40.33 41.34_ 42.37 43.43 44.52 45.63 46.77 47.94 76 37.45 38.39 39.35 40.33 41.34 42.37 43.43 44.52 45.63 47.94 49.14 (9 77 38.39 39.35 40.33 41.34 42.37 43.43 44.52 45.63 46.77 47.94 49.14 50.37 �. 78 39.35 40.33 41.34 42.37 43.43 44.52 45.63 46.77 47.94 49.14 50.37 51.63 f r 79 40.33 41.34 42.37 43.43 44.52 45.63 46.77 46.77 47.94 49.14_ 50.37 51.63 52.92 80 41.34 42.37 43.43 44.52 45.63 46.77 47.94 49.14 50.37 51.63 52.92 54.24 81 42.37 43.43 44.52 45.63 46.77 47.94 49.14 50.37 51.63 52.92 54.24 55.60 47.94 49.14 50.37 51.63 52.92 54.24 55.60 56.99 Resolution 2003 - Page 7 EXHIBIT A CITY OF MOORPARK HOURLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 82 - 43.43- 44.52 45.63 46.77 47.94 49.14 50.37 51.63 52.92 54.24 55.60 56.99 58.41 83 44.52 45.63 46.77 47.94 49.14 50.37 51.63 52.92 54.24 _ 55.60 _ _ 56.99 58.41 59.87 84 -- 45.63 4 6 46.77 - - 47.94 49.14 50.3 7 _.. 51.63 .- - 52.92 54.24 55.60 56.99 58.41 59.87 61.37 _ 46. 77 47_94 49.14 50.37 51.63 - _ 52.92 - -- 54.24_ 55.60_ 56.99 58.41 59.87 61.37 62.90 86 - 47.94 - 49_14 50.37 51.63 52.92 54.24 55.60 56.99 58.41 59.87 61.37 62.90 64.47 87 49.14 50.37 51.63 52.92 54.24 55.60 56.99 58.41 _ 59.87 61.37 _ 62.90 _ 64.47 66.09 88 50.37 51.63 52.92 54.24 55.60 56.99 58.41 59.87 61.37 62.90 64.47 66.09 _ 67.74 51.63 - 52.92 54.24 55.60 56.99 58.41 59.87 61.37 62.90 64.47 66.09 67.74_ 69.43 90 _ -52_92 -54.24 55.60 56.99 58.41 59.87 61.37 _ 64.47_ 66.09 _ 67.74 69.43 71.17 91 54.24 55.60 56.99 58.41 59.87 _ 61.37 62.90 _62.90_ 64.47_ 66.09_ 67.74 69.43 71.17 72.95 92 55.60 56.99 _ 58.41 _ 59.87_ 61.37 62.90 _ _ 64.47 66.09 67.74 69.43 71.17 72.95 74.77 -93 56.99 58.41 59.87 61.37 62.90 _ 64.47_ 66.09 67.74 69.43 71.17 72.95 _ 74.77 76.64 94 58.41 59.87 61.37 62.90 64.47 66.09 67.74 69.43 71.17 72.95 74.77 76.64_ 78.55 9.5 59.87 61.37 62.90 64.47 66.09 67.74 69.43 _ 71.17 72.95 74.77 _ 76.64 78.55 80.52 c� 1 t•� Resolution 2003 - Page 8 EXHIBIT A CITY OF MOORPARK BI WEEKLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 6 - 7 532.20 _.. 20 545.49 559.12 573.09 587 .41 602.09 _ 617.14 632.56 648.37 664.57 681.18 698.20 715.65 B 545.49 - -- 559.12 559.12 - - - 573.09 - 587.41 602.09 617.14 632.56 648.37 664.57_ 681.18 698.20 715.65_ 733.54 9 573.09 573.09 587.41 602.09 617.14 632.56 648.37 _ _ 664.57 681.18 698.20 _ 715.65 733.54 7_51.88 10 587.41 602.09 617.14 632.56 648.37 -- - 664.57 681.18 698.20 715.65 733.54 751.88 770.67 11 587.41 602.09 602.09 617.14 632.56 648.37 6.57 681.18 698.20 715.65 733.54 751.88 770.67 789.93 12 617.14 617.14 632.56 648.37 664.57 681.18 698.20 715.65 733.54 751.88 770.67 789.93 809.68 13 632.56 632.56 648_.37 664.57 681.18 __ 698.20 _ 715.65 733.54 751.88 770.67 789.93 809.68 829_.91 - 14 - 648.37- - 648.37 664.57 681.18 698.20 715.65_ 73_3.54 7_51.88 _ 770.67 _ 7_89.93 809.68 _ 829._91 _ 850.65 - 15 664.57- 664.57 681.18 698.20 715.65 733.54 751.88 770.67 789.93 809.68 829.91 850.65 871.91 16 681.18 681.18 698.20 715.65 733.54 _ 751.88 _ 770.67 _ 789.93 809.6_8 829.91 850.65 871.91 893.70 17 - 698.20 - 698.20 715.65 - 715.65 733.54 733.54 751.88 770.67_ 789.93 809.68 _ 829.91 _ 850.65 871.91 _ 893.70 916.04 .- .. -- - -- 715.65 - - - 733.54 - - 751.88 751.88 770.67 789.93 - - - - -.-809...68 - - 829.91 - - - 850.6_5 _ 871.91 893.70_ 916.0_4 938.93 19 733.54 751.88 770.67 770.67 789.93 789.93 809.68 829.91 850.65 871.91 _ 893.70 916.04 _ 938.93_ _ 962.40 20 751.88 770.67 789.93 809.68 809.68 829.91 829.91 _ 850.65 _ 871.91 _ 893._70 _ 916.04 _ 938.93 _ _ 962.40_ _ 986.45 770.67 789.93 809.68 829.91 850.65 850.65 871.91 871.91 893.70 916.04 938.93 962.40 9_86.45 1,011.11 22 789.93 809.68 829.91 850.65 871.91 893.70 89_3.70 916.04 938.9_3 962.40 98_6.45 _1,011.11 1,036_.38 - 23 809.68 829.91 850.65 871.91 893_.70 916.04 916.04 938.9_3 938.93 _962.40 _ 986.45 1_,011.11 1,036.38 _1,062.28 24 - - - 829.91 850_65 871.91 893.70 916.04 _ 938.93 _ 962_.40 _ 962.4_0 986.45 _ 986.45 _ 1,011.1_1 1,036.38 _ 1,062.28_ 1,088.84 25 850.65 871.91 - 893.70 916.04 938.93 962.40 986.45 1,011.11 1,01_1.11 1,036.38 1,03_6.38 1,062.28 1,062.28 1,088.84 1,116.05_ 26 871.91 893.70 916.04 938.93 9_62.40 986.45_ 1,011.11 1,036.38 1,062.28 1,088.84 1,088.84 1,116.05 1,116.05 1,143.95 27 893.70 916.04 - -. 938.93 - - 962.40 986.45 1,011.11 1,036.38 1,062.28 1,088.84 1,116.05 1,143.95 1,143.95 1,172.54 1,172.54 28 29- 916.04 938.93 962.40 986.45 1,011.11 1,036.38 1,062.28 1,088.84 1,116.05_ _ 1,143.95 1,172.54 1,201.84 1,201.84 1,231.88 30 - 938.93 - 962.40 - 986.45 1,011.11 1,036.38 1,062.28 _ 1,088.84 1,116.05 1,143.95 1,1_72.54 _ 1,201.84 1,231.88 1,262.68 31 962.40 986.45 986.45 1,011.11 1,036.38 1,062.28 1,088.84 1,116.05 1,143.95 1,172.54 1,201.84 1,231.88 1,262.68 1,294.24 1,011.11 1,011.11 1,036.38 11036.38 1,062.28 1,062.28 1,088.84 1,088.84 1,116.05 1,143.95 1,172..54 1,201.84 1,231.88 1,262.68 1,294.24 1,326.59 -32 - 33 1,036.38 1,062.28 - 1,088.84 - - -. 1,116.05 1,116.05 - - 1,143.95 1,143.95 - - 1,172.54 1,201.84 1,231.88 1,262.68 _ 1,294.24 1,326.59 1,359.75 34- - _ 1,062.28 - - 1,088.89 - -- 1,116.05_ - - - 1,143.95_ - 1,172.54 1,172.54 1,201.84 1,201.84 1,231.88 1,262.68 _ _ _ 1,294.24 _ _ 1,326.59 _ _ _ _ _ 1,359.75 1,393.73 35 1,08. 8.84 - 1,116.05 1,143.95 1,172.54 1,201.84 1,231.88 12231.88 1,262.68 1,294.24 1,326.59 1,359.75 1,393.73 1,428.57 36 1,116.05 1,143.95 1,172.54 1,201.84 1,231.88 1,262.68 1,262.68 1,294.24 1,326.59 1,359.75 1,393.73 1,428.57 1,464.28 37 1,143.95 1,172.54 1,201.84 1,231.88 1,262.68_ 1,294.24 1,294.24_ 1,326.59_ 1,359.75_ 1,393.73_ 1,428.57_ _ 1,464.28 1,500.88 _ 38 _ 172 1, _54 1,201.84 _ _ 1,231.88 _ 1,262.68 1,294.24 1,326.59 1,326_.59 1,359.75 1,393.73_ 1,428.57 1,464.28 1,500.88 1,53_8.39 39 1,201.84 1,231.88 1,262.68 1,294.24 1,326.59 1,359.75 1,359.75 1,393.73 1,428.57 1,464.28 1,500.88 1,538.39 1,576.84 40 1,231.88 1,262.68 1,294.24 1,326.59 1,359.75 1,393.73 1,393.73 11428.57 1,428.57 1,464.28 11500.88 1,538.39 1,576.84 11616.26 41 1,262.68 1,294.24 1,326.59 1,359. 75 1,393.73 1,428.57 1,464.28 1,464.28 1,500.88 1,500.88 1,538.39 1,576.84 1,616.26 1,656.66 42 1,294_24 1,326.59 1,359.75 - 1,393.73 1,428.57 1,464.28 1,500.88 1,538.39 1,538.39 1,576.84 1,576.84 1,616.26 1,656.66 1,698.07 43 1,326.59 1,359.75 1,393.73 1,428.57 1,464.28 1,500.88 1,538.39 1,576.84 1,616.26 1,616.26 1,656.66 1,656.66 1,698.07 1,740.52 44 1,359.75 1,393.73 1,428.57 1,464.28 _. 1,500.88 - 1,538.39 _ 11576.84 1,616.26 1,656.66 1,698.07 1,698.07 1,740.52 1,740.52_ 1,784.02 1,784.02 45 1,393.73 , 4 1,428.57 1,464.28 - 1,500.88 1,538.39 _ 1,576.84 1,616.26 1,656.66 1,698.07 1,740.52 1,784.02 1,828.61 1,828.61 1,874.32 Ile C - 47 1,428.57 1,464.28 1,500.88 1,538.39 1,576.84 1,616.26 1,656.66_ 1,698.07_ 1,740.52__ 1,784.02_ 1,828.61 1,874.32 1,921.17 48 1,464.28 1,500.88 1,500.88 1,538.39 1,538.39 1,576.84 1,616.26 1,656.66 1,698.07_ 1,740.52_ 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 ppE`� d 99 1,538.39 1,576..84 1,576.84 1,616.26 1,616.26 1,656.66 1,698.07 1,740.52 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 50 1,576.84 1,616.26 1,656.66 1,656.66 1,698.07 1,698.07 1,740.52 1,740.52 1,784.02 1,828.61_ 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 51 1,616.26 1,656.66 1,698.07 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 1,740.52 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 Resolution 2003 - Page 9 EXHIBIT A CITY OF MOORPARK BI WEEKLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 52 1,656.66 1,698.07 1,740.52 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 53 1,698.07 1,740.52 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 2,283.62 54 1,740.52 11784.02 11828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 55 1,784.02 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 — 21068.88 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 56 1,828.61 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 2,459.20 57 1,874.32 1,921.17 1,969.20 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 2,459.20 2,520.67 58 1,921.17 2,068.88 2,120.59 2,173.60 2,227.9_3 2,283.62 2,340.71 2,399.22 2,459.20_ 2,520.67 2,583.68 59 1,969.20 _1,969.20 2,0_18.42 _2,018.42 21068.88 2,120.59 2,173.6_0 2,_227.93 2,283.62_ 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 60 2,018.42 2,068.88 2,120.59 2,173.60 2,227.93 _ 2,283.62 2,340.71 2,399.22 - 2,459.20 21520.67 2,583.68 2,648.26 2,714.46 61 2,068.88 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 62 2,120.59 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 63 2,173.60 2,227.93 2,283.62 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 64 2,283.62 2,340.71 2_,399.22 2,459.20 2,520.67 2,583.68 2,64_8.26 2,714.46_ 2,782.32 2,851.87 _ 2,923.16 2_,996.23 65 _2,2_27.93 2,283.62 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 3,071.12 66 2,340.71 2,399.22 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 _3,071.12 - 3,147.89 67 2,399.22 2,459.20 21520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 3. 071.12 3,147.89 3,226.58 68 2,459.20 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 - 2,923.16 2,996.23 - 3,071.12 3,147.89 _ 3,226.5_8 3,307.24 69 2,520.67 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 3,071.12 3,147.89 3,_226.58_ 3,30_7.24 3,389_.91 70 2,583.68 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 - 3,071.12 3,147.89 3,226.58 3,307.24_ 3_,389.9_1 3,474.65 71 2,648.26 2,714.46 2,782.32 2,851.87 2,923.16 2,996.23 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 72 21714.46 2,782.32 2,851.87 2,923.16 2,996.23 - 3,071.12 3,147.89 3,226.58 - 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 73 2,782.32 2,851.87 2,923.16 2,996.23 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 74 2,851.87 2,923.16 2,996.23 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 3,835.33 75 2,923.16 2,996.23 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 3,835_.33 3_,931.21 76 2,996.23 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 3,835.33 _ 3,931.21 4,029.48 77 3,071.12 3,147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650_.54 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 78 31147.89 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,6_50.54 3,741.80 3,835.33 3,931.21 - 4,029.48 4,130.21 4,233.46 79 3,226.58 3,307.24 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 80 3,307.24 3,389.91 3,474.65 3,561_.51 3,650.54_ 3,741.80_ 3,835.33 3,931.21 _4,029.48 4,130._21 4,233.46 4,339.29 4,447.76 81 3,389.91 3,474.65 3,561.51 3,650.54 3,741.80 3,835.33 3,931.21 - 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 82 3,474.65 3,561.51 3,650.54 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 83 3,561.51 3,650.54 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 - 4,789.73 84 3,650.54 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 85 3,741.80 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 86 3,835.33 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 87 3,931.21 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 88 4,029.48 4,130.21 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 - 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 89 4,130.21 4,233.46 41339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 90 4,233.46 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 5,693.44 ( 91 4,339.29 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 _5,693.44 5,835.76 92 4,447.76 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 5,693.44 5,835.76 5,981.65 93 4,558.95 4,672.92 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 5,693.44 5,835.76 - 5,981.65 6,131.19 94 4,672.92 4,789.73 4,909 -47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 5,693.44 5,835.76 5,981.65 6,131.19 6,284.46 1 95 4,789.73 4,909.47 5,032.20 5,158.00 5,286.94 5,419.11 5,554.58 5,693.44 5,835.76 5,981.65 6,131.19 6,284.46 6,441.56 Resolution 2003 - Page 10 EXHIBIT A CITY OF MOORPARK MONTHLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 6 1,181.90 1,211.44 1,241.70 1,272.73 1,304.53 1,337.14 1,370.56 1,404.81 1,439.91 1,475.89 1,512.78 1,550.58 7 _1,153_.09 11181.90 1,211.44 1,241.70 1,272.73 1,304.53 1,337.14 1,370.56 1,404.81 1,439.91 1,475.89 1,512.78 1,550.58 1,589.34 8 1,211.44 1,241.70 1,272.73 1,304.53 1,337.14 1,370.56 1,404.81 1,439.91 1,475.89 1,512.78 1,550.58 1,589.34 1,629.06 9 1,241.70 1,272.73 11304.53 1,337.14 1,370.56 1,404.81 1,439.91 1,475.89 1,512.78 1,550.58 1,589.34 1,629.06 1,669.78 10 1,272.73_ 1,304.53 1,404.81 1,439.91 1,475.89 1,_512.78 1,55_0.58 1,589.34 1,629.06 1,669.78 1,711.52 11 1,304.53 1,337.14 _1,337.14 1,370.56 _1,370.56 1,404.81 1,439.91 1,475.89 1,512.78 1,550.58 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 12 1,337.14 1,370.56 1,404.81 1,4_39.91 1,475_.89_ 1,512.78 1,550.58 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13 13 1,370.56_ 1_,404.81 1,439.91 1,475.89 1,512.78 1,550.58 _ 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13_ 1,843.08 14 1,404.81 1,439.91 _ 1,475.89 1,512.78 1,550.58 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 15 1,439.91 1,475.89 1,512.78 1,550.58_ 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13_ 1,936.35 16 1,475.89 1,512.78 1,550.58 1,589.34 _ 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 17 1,512.78 1,550.58 1,589.34 1,629.06 1,669.78 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 18 1,550.58 1,589.34 1,62_9.06 1,669.78 1,754_.30 1,798.13 1,843.08 1,889.13_ 1,_936.35 1,984.74 2,034.35 2,085.19 19 1,589.34 1,629.06 1,669.78 1,711.52 _1,7_11.52 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 20 1,629.06 1,669 78 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 21 1,669.78 _ 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 _1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 22 1,711.52 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 23 1,754.30 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 24 1,798.13 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 25 1,843.08 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 26 1,889.13 1,936.35 1,984.74 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 27 1,936.35 1,984.74 2,034.35 2,085.19 21190_.73 2,245.49 2,_301.62 2,359_.14 2,418.11 2,478.55 2,540.50 2,604.00 28 1,984.74 2,034.35 2,085.19 2,137.31 _2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 _ 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 29 2,034.35 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 30 2,085.19 2,137.31 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 31 2,137.31 2,190.73 2,245.49 2,301.62 2,359_.14 2,418.11 2,478.55 2,540.50 _2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 32 2,190.73 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 33 2,245.49 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 34 2,301.62 2,359.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 35 2,359_.14 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 36 2,418.11 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 37 2,478.55 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 38 2,540.50 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 39 2,604.00 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 40 2,669.08 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 41 2,735.80 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 42 2,804.18 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 31501.90 3,589.43 3,679.15 3,771.12 43 2,874.27 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50— 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 44 2,946.12 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 45 3,019.75 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,. 865.38 3,961.99 4,061.04 c ' 46 3,095.24 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 47 3,172.60 3,251.90 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 4,266.59 48 3,251.90 3,333.17 3,416.50 3,501.90 3,589 -43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 e 49 3,333.17 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 41266.59 4,373.24 4,482.56 50 3,416.50 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 � r ppt�a k Resolution 2003 - Page 11 EXHIBIT A CITY OF MOORPARK MONTHLY SALARY SCHEDULE EFFECTIVE WITH PAYCHECK DATED AUGUST 1, 2003 RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J STEP K STEP L STEP M 51 3,501.90 3,589.43 3,679.15 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 52 3,589.43 3,679.15_ 3,771.12 3,865.38 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 _ 4,482.56 4,594.61 4,709.46 4,827.19 53 3,679.15 3,771.12 3,865.38 3,961.99 41061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 54 3,771.12 3,865.38_ 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 55 3,865.38 3,9_61.99 4,061.04 41162.54_ _4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53_ 5,198.31 56 3,961.99 4,061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 5,198.31 5,328.26 57 4,061.04 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 5,198.31 5,328.26 5,461.45 58 4,162.54 4,266.59 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 5,198.31 5,328.26 5,461.45 5,597.96 59 _4,266.59 4,373.24 _4,482.5_6 4,59_4.61 4,709.46 4_,827.19 4,947.84 5,071.53_ 5,198.31 5,328.26 5,597.96 5,737.90 60 4,373.24 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 5,198.31 5,328.26 _ 5,461.45 _5146_1.45 5,597.96 5,737.90 5,881.33 61 4,482.56 4,594.61 4,709.46 4,827.19 4,947.84 5,071.53 5,198.31 51328.26 5,461.45 5,597.96 5,737.90 5,881.33 6,028.35 62 4,594.61 4,709.46 4,827.19 41947.84 5,071.53 5,198.31 5,328.26 5,461.45 5,597.96 5,737.90 5,881.33 6,028.35 _ 6,179.05 63 4,709.46 4,827.19 4,947.84 5,071.53 5,1_98.31 5,328.26 5,461.45 5,597.96 5,737.90_ 5,881.33 6,028.35_ 6,179.05 6,333.50 64 4,827.19 _ 4,947.84 _5,071.53 _5,198.31 5,328.26 5,461.45 5,597.96 5,737.90 5,881.33 6,02_8.35 _ 6,179.05 6,333.50_ 6,491.83 65 4,947.84 5,071.53 5,198.31_ 5,328.26 5_,461.45 _ 5,597.96 5,737.90 5,881.33 6,028.35 6,179.05_ _ 6,333.50 6,491.83 66 5,071.53 5,198.31 5,328.26 5,461.45 5,597.96 5,737.90 5,881.33 6,028.35 6,179.05 6,333.50 6,491.83 6,654.10 6,820.43 67 _ 5,198.31 5,328.26 5,461.4_5 _5,597.96 5,737.90 5_,881.33 6,028.35 6,179.05 6,333._50 _ 6,491.83 6,6_54.10 6,820.43 68 5,328.26 5,4_61.45 _5,597.96 5,737.90 5,881.33 6,028_.35 6,179.05 6_,333.50 6,4_91.83 6,654.10_ _ 6,820._43 6,9_90.92 _6,990.92 7_,_165.68 69 5,461.45 5,597._96 _ 5_1737.90 _ 5,_881.33 _ 6,028.35 _ 6,1_79.05 _6,333.50 _ 6,491.83 6,_820.43 6,9_90.92 _ 7,344.80_ 70 5,597.96 5,737.90 5,881.33 6,028.35 6,179.05 6,333.50 6,491.83 6,654.10 _6,654.10_ 6,820.43 6,990 92 7,165.68 _7,165._68 7,344.80 _ 7,528.41 71 5,737.90 5,881.33 6,028.35 6,179.05 6,333.50 6,491.83 6,654.10 6,620.43 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 72 5,881.33 6,028.35 6,179.05 6,333.50 6,491.83 6,654.10 6,820.43 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 7,909.50 73 6,028.35 _ 6,179.05 6,333.50 6,491_.83 6,654.10 6,820.43 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 7,909.50 8,107.22 74 6,179.05 6,333.50_ 6,491.83_ 6,654.1_0 6,820.43 _ 6,_990.92 7,165.68 7,344_.80 7,528.4_1 7,716.60 7,909.50 8,107.22 8,309.89 75 6,333.50 6,491.83 6,654.10 6,820.43 6,990.92 7,165.68 7,344.80 _ 7,528.41 7,716.60 7,909.50 8,107.22 8,309.89 8,517.63 76 6,491.83 6,654.10 6,8_20.43 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 7,909.50 _ 8,107.22 8,517.63 8,730.5_5 77 6,654.10 6,820.43 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 7,909.50 8,107.22 8,309.89 _8,309.89 8,517._63 8,730.55 8,948.79 78 6,820.43 6,990.92 71165.68 7,344.80 7,528.41 7,716.60 7,909.50 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 79 6,990.92 7,165.68 7,344.80 7,528.41 7,716.60 7,909.50 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 80 7,165.68 71344.80 71528.41 7,716.60 7,909.50 8,107.22 8,309.89 8,5_17._63 8,730.55_ 8_,948.79 9,172.50 9,636.82 81 7,344.80 7,528.41 7,716.60 7,909.50 81107.22 81309.89 81517.63 8,730.55 8,948.79 9,172.50 9,401.80 _9,401.80 9,636_.82 9,877.72 82 7,528.41 7,716.60 7,909.50 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877_.72 10,124.65 83 7,716.60 7,909.50 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 84 7,909.50 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 85 8,107.22 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 86 8,309.89 8,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 87 6,517.63 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 88 8,730.55 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 89 8,948.79 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11_,741.40 12,034.92 90 9,172.50 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 91 9,401.80 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 12,644.16 92 9,636.82 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 12,644.16 12,960.25 93 9,877.72 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 12,644.16 12,960.25 13,284.24 94 10,124.65 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 12,644.16 12,960.25 13,284.24 13,616.33 95 10,377.75 10,637.18 10,903.09 11,175.66 11,455.04 11,741.40 12,034.92 12,335.78 12,644.16 12,960.25 13,284.24 13,616.33 13,956.72 MOORPARK CITY COUNCIL AGENDA REPORT ITEM 10 . G a of TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk DATE: June 26, 2003 (CC Meeting of 7/2/03) SUBJECT: Consider Rejection of Claim: Elaine Michaels BACKGROUND On June 20, 2003, the City received the above referenced claim for damages. The claim was forwarded to the City's claims adjuster for review. DISCUSSION The claim is for medical expenses and damages from a vehicle accident on May 20, 2003. The location is stated as occurring on Los Angeles Avenue approximately .1 mile east of Spring Road (which is actually New Los Angeles Avenue). Generally, the claim states the City of Moorpark failed to inspect and maintain the intersection in a safe condition despite its prior knowledge of previous accidents at the same location, and that the ground cover and overgrown trees denied the driver of the vehicle claimant was riding in the opportunity to prevent the reckless driver from hitting them. The Police Report narrative identifies the location of the accident as the driveway for the Moorpark Pines Apartments. The Police Report includes the following for the claimant's statement at the scene: "She was going westbound in the number three lane passing stopped traffic. As she approached the entrance of the Moorpark Pines Apartments, the other vehicle turned left in front of her and she could not stop in time to avoid hitting it." Los Angeles Avenue is designated as a State Highway (State Routes 118 and 23), and is under the jurisdiction of Caltrans. The City of Moorpark does not maintain the landscaping at the location of the accident. STAFF RECOMMENDATION Reject the claim and direct staff to send a standard rejection letter to the claimant. ITEM 1 o • H - 7- ��vn�izdu�w- MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo DATE: June 24, 2003 (CC Meeting of 7/2/03) SUBJECT: Consider Approval of an Early Grading Permit for Final Map Phases 2 and 3 of Tentative Tract Map No. 5161, Located at the Southwest Corner of Gisler Road and Poindexter Avenue, on Application of Cabrillo Economic Development Corporation. BACKGROUND /DISCUSSION On July 7, 1999, the City Council approved Tentative Tract Map No. 5161 and Residential Planned Development Permit No. 1998 -07 for fifty -nine (59) residences on fifty -nine (59) lots and Zone Change No. 99 -03 for a change in the zoning designation from RPD -15 to RPD -8.9. On July 8, 1998, the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of fifty -nine (59) single - family residential dwelling units. Phase 1, consisting of twenty -six (26) units, has been constructed, sold and occupied. CEDC is now ready to proceed with the construction of the final phases of the development. Phases 2 and 3 have been rough graded as part of the Phase 1 grading. The applicant has submitted the Final Map for checking by the City Engineer; however, the Final Map is not expected to be ready for Council consideration until August 2003. The applicant would like to complete the grading on Phases 2 and 3 now, with approval of an Early Grading Permit. In the past, the Council has given the City Manager the authority to approve an Early Grading Permit when the project is part of a development agreement. In this case, the Moorpark Redevelopment Agency is a participant in this development through the DDA Honorable City Council July 2, 2003 Page 2 approved in July 1999. long time to complete. STAFF RECObIlMMATION Grading is not anticipated to take a Authorize the City Manager to approve an Early Grading Agreement for Phases 2 and 3 of Tract No. 5161. Attachment: CEDC Letter S: \Community Development \DEV PMTS \R P D \1998 -07 Cabrillo \Agenda Reports \030702cc.doc CCabrillo EDC Economic Development Corporation 1 1011 Azahar St., Saticoy, CA 93004 (805) 659 -3791 Fax (805) 659 -3195 BOARD. OF DIR.FCTORS PITSIUENT MICHAEL :.'C. ,U'l E June 9, 2003 Afrinity Ba"' Veniura VICE PRESIDLN- DF'QNIS MITCFIEM Momsor Homes Si: CUNU VICE PRESI EN I Barry Hogan ZEECA DANIE..E Fans -e Mae Community Develo Director ..os Angeles J p ment SECRETARY City of Moorpark .JESSICA MURRAY 799 Moorpark Avenue Community Reprosent;itive Mo•ityome•y Oaks. O;ai Moorpark, CA 93021 HUMAN RESOURCES DEAN PAL Ili °eorle Rolpog Peo-le Santa Yrer. Va Iev Santa Barbara (AST PRESIDENT DAVID SABFDRA rust Cahfcrnia Bank Cama ";lo RICHARD FRANCIS Attorney at Law Otra'd ROY JASSO Wells Farno Bart Los Angeles MICHELLE GASCON Cnmmuni'ry Re:;rnse ntjl ce Fll lrnp'e NAOMI ON I.VEHOS COmmon:v Represen!ati,:e O %n a'n DAVID PODHiGLJFZ Leaa..e of Lhuted t aen Arrerl;:an GLrens V^nlUra N C L R FFII \ r Re: Mountain View Homes, Tract 5161 -2 and 5161 -3 Dear Mr. Hogan: This is to request an early grading permit for this project to be considered at the July 2, 2003 City Council meeting. We anticipate that these Final Maps will be on the August 20, 2003 agenda for approval. We have paid most fees for the Final Maps and have bonds ready to submit. We have closed the construction loan for the remainder of the project. Please call me at 805.659.3791 x 26 or e-mail at kflock(i�cabrilloedc.org if you have any questions. Sincerely r Karen Flock Housing Development Director Via fax 529 -8270 (1 page) CC ATTACHMENT 1 Q-11 A Un,tec'.Na, Agency Neighbor orks -_ . JN 1 L-� 1003 rra ��f ids r TO: FROM: DATE: SUBJECT: BACKGROUND MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM J 0 • X. . /5U. Kim C. Chudoba, Senior Management Analyst /f G June 20, 2003 (CC Meeting of 7/2/03) CONSIDER USE OF CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT FOR 2003/04 FISCAL YEAR Every year since 2000, cities and counties have received California Law Enforcement Equipment Program (CLEEP) grants to buy high - technology equipment for criminal justice and emergency response. Last year, the City Council allocated $39,908 of 2001/02 CLEEP money for a hybrid vehicle, radar unit, alco- sensor printer, computer monitors, automated external defibrillator, and emergency operations center equipment. Maintenance and mileage for the hybrid vehicle were not charged to the CLEEP grant as planned, resulting in a balance of $2,079. DISCUSSION This year, the City received $20,475 of 2002/03 CLEEP money. This new allocation, plus the balance of $2,079, makes $22,554 available for the 2003/04 fiscal year. Staff recommends the following CLEEP expenditure plan: Equipment Cost 4 Two -Way Radios for Administrative Staff $3,200 1 Emergency Generator for Essential Equipment $2,754 2 Computers for Detectives $1,759 1 Computer, 1 Flat Screen Monitor, and 1 Printer to Track Dispatch Calls $1,586 5 Flat Screen Monitors for Detectives and Traffic Investigators $2,156 1 Position Control Board to Track Staff $736 1 Camera for Passport -Size Photos $570 Subtotal $12,761 Honorable City Council June 20, 2003 Page 2 Equipment Cost Geographic Information System for Computer Mapping The initial system will cost $26,000, of which $16,000 will be paid with General funds. See separate agenda report for details. $10,000 Subtotal $10,000 Total of All Expenditures 22,761 Available CLEEP Funds $22,554 Balance ($207) Proposed expenditures total $22,761, about $207 more than CLEEP funds. The difference can be paid with Police Department funds. A budget amendment is required. STAFF RECOMMENDATION (Roll Call Vote) 1. Approve CLEEP expenditure plan; and 2. Adopt Resolution No. 2003- 1 amending the 2003/2004 operating budget to appropriate CLEEP funds. RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2003/2004 ADOPTED OPERATING BUDGET FOR THE 2002/2003 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) GRANT WHEREAS, on June 18, 2003, the City Council adopted the operating budget for fiscal year 2003/2004; and WHEREAS, the City Council now wishes to amend the adopted budget to reflect its direction concerning the use of the California Law Enforcement Equipment Program (CLEEP) grant for fiscal year 2003/2004. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment as 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 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Y..r•V 4_ EXHIBIT A BUDGET AMENDMENT FOR CLEEP GRANT FY 2003 -04 FUND ALLOCATION FROM: Fund Account Number Amount Other State /Federal Grants I 2609 -5500 $ 22,554.00 Total $ 12,554.00 $ 22,554.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2609- 9200 - 9007 -9504 $ - $ 12,554.00 $ 12,554.00 2609- 5710 - 2006 -9205 $ - $ 10,000.00 $ 10,000.00 Total $ - $ 22,554.00 $ 22,554.00 Approved as to Form: U rC s�-^� c ¢r-y T a-2 ORDINANCE NO. 294 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 S. 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 Ordinance No. 294 Page 2 the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 2nd day of July, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit: Amendment to Contract Ordinance No. 294 Page 3 Ca1PERS California Public Employees' Retirement System 4000. slw� EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Moorpark s 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. Ordinance No. 294 Page 4 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. Ordinance No. 294 Page 5 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 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BYf, KENNETH W. MARZIO IEF ACTUARIAL & EMPL R SERVICES DIVISION PUBLIC EMPLOYE F ETIREMENT SYSTEM �Q 4 �I AMENDMENT ER# 1362 PERS- CON -702A (Rev. 8102) day of , CITY COUNCIL CITY OF MOORPARK BY PRESIDING OFFICER Witness Dj Attest:.., Clerk 0,n,4f e'tCr"1 v 1,./ .-w V r