HomeMy WebLinkAboutAG RPTS 2003 0917 CC REGResolution No. 2003 -2121
Ordinance No. 298
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 17, 2003
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
A. Certificate of Recognition for three Moorpark youths
for their efforts in preserving evidence at a crime
scene.
B. Certificate of Recognition for Country Days Logo
Contest Winners Rachelle Cohen and Molly Ormsbee.
C. City Manager's Monthly Report.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
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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
September 17, 2003
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2. 8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time.)
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
None.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Street Sweeping Parking Restrictions:
Handicap Exemption. Staff Recommendation: Approve the
exemption of vehicles with a handicap license or
placard from the City's Street Sweeping Parking
Restriction and direct staff to include this new
policy in the next update of the City Council's
Policies Resolution. (Staff: Kenneth Gilbert)
B. Consider a Resolution Rescinding Resolution No. 2001-
1920 Pertaining to "Permit Only" Parking Restrictions
on Summerglen Court, and Establishing Revised "Permit
Only" Parking Restrictions on Said Street. Staff
Recommendation: Direct staff as deemed appropriate.
(Staff: Kenneth Gilbert)
C. Consider a Resolution of Necessity to Acquire Fee
Title by Eminent Domain to Certain Real Property Owned
by the Margaret Irene Gisler Cullen Trust Located at
412 Poindexter Avenue. Staff Recommendation: 1)
Accept and consider public testimony; and 2) Adopt
Resolution No. 2003- adopting the findings of
public necessity to acquire Fee Title by eminent
domain property at 412 Poindexter Avenue as described
in the agenda report. 4 /5ths ROLL CALL VOTE REQUIRED
(Staff: Mary Lindley)
Regular City Council Meeting Agenda
September 17, 2003
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
D. Consider the Appointment of an Ad Hoc Committee of the
Council for the Review and Consideration of
Development Opportunities for the Southern California
Edison Property Located at the Northwest Corner of Los
Angeles and Gabbert Road. Staff Recommendation:
Appoint two Councilmembers to an Ad Hoc Committee for
the purpose of discussing development potential of the
Southern California Edison property located at the
northwest corner of Los Angeles Avenue and Gabbert
Road. (Staff: Barry Hogan)
10. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
August 20, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - September 17, 2003.
Regular Warrants 113885 - 113891 $ 52,387.67
Staff Recommendation: Approve the warrant register.
C. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - September 17, 2003.
Manual Warrants - $ 0.00
Voided Warrant $ 0.00
Payroll Liability 113892 - 113896 $ 2,570.53
Warrants
Regular Warrants 113897 - 113983 & $ 22,259.49
113984 - 114012 $ 440,027.45
Staff Recommendation: Approve the warrant register.
D. Consider Rejection of Claim: Bordiers Nursery, Inc.
Staff Recommendation: Reject the claim and direct
staff to send a standard rejection letter to the
claimant. (Staff: Deborah Traffenstedt)
Regular City Council Meeting Agenda
September 17, 2003_
Page 4
10. CONSENT CALENDAR: (continued)
E. Consider Change to Regular Meeting Schedule Time for
Budget and Finance and Affordable Housing /Community
Development City Council Standing Committees. Staff
Recommendation: Approve change in regular meeting
schedule time from 5:30 p.m. to 6:00 p.m. for City
Council Budget and Finance and Affordable
Housing /Community Development Standing Committees.
(Staff: Deborah Traffenstedt)
F. Consider Authorizing Use of City Marquee Signs to
Advertise Moorpark Rotary Club Civil War Reenactment
Event Scheduled for November 8 and 9, 2003. Staff
Recommendation: Approve use of City marquee signs to
include the name, date, time, and location of the
Civil War Reenactment event. (Staff: Deborah
Traffenstedt)
G. Consider Adoption of Resolution Amending the Fiscal
Year 2003/04 Budget by Appropriating Older American
Act Grant Funds for Active Adult Center Lifeline
Devices. Staff Recommendation: Adopt Resolution No.
2003- ROLL CALL VOTE REQUIRED (Staff: John
Hartnett)
H. Consider Adding a Project for the Construction of
Civic Center Driveway Improvements (Project 8053) and
Adopting a Resolution Amending Fiscal Year 2003/2004
Budget for Said Purpose. Staff Recommendation:
Approve the Civic Center Driveway Improvement Project
and adopt Resolution No. 2003- amending the FY
2003/04 Budget to provide funding for this project.
ROLL CALL VOTE REQUIRED (Staff: Kenneth Gilbert)
I. Consider Flinn Avenue Driveways. Staff
Recommendation: Approve the conceptual design for the
Flinn Avenue south side access road, as described in
Exhibit 1, Page 1 of the agenda report, and authorize
staff to proceed with the design and construction of
these modifications. (Staff: Kenneth Gilbert)
J. Consider Resolution Adopting the Annual Investment
Policy for the City of Moorpark for Fiscal Year 2003-
2004. Staff Recommendation: Adopt Resolution No.
2003- (Staff: Cynthia Borchard)
Regular City Council Meeting Agenda
September 17, 2003_
Page 5
10. CONSENT CALENDAR: (continued)
K. Consider Resolution Designating the Intersection of
East Amherst Street and North Columbia Avenue to be a
Stop Intersection and Directing the Placement of STOP
Signs at All Entrances Thereto. Staff Recommendation:
It is the recommendation of the Transportation and
Streets Committee that the City Council adopt
Resolution No. 2003- designating the intersection
of E. Amherst Street and N. Columbia Avenue a Three -
Way Stop. (Staff Kenneth Gilbert)
L. Consider Resolution Approving Program Supplement
Agreement No. M005 (Tierra Rejada Road Signal
Synchronization Project) to Administering Agency -State
Agreement for Federal Aid Projects No. 07 -5436. Staff
Recommendation: Adopt Resolution No. 2003 -
(Staff: Kenneth Gilbert)
M. Consider Changing the Internal Procedure for Warrant
Signatures. Staff Recommendation: Approve Budget and
Finance Committee recommendation to increase the
dollar limit from $1,000 to $2,500 for warrants
requiring signature of the Mayor or Mayor Pro Tem.
(Staff: Cynthia Borchard)
N. Consider Resolution Repealing Resolution Nos. 95 -1135
and 97 -1346, Pertaining to Certain Entitlement Permit
Review Processes. Staff Recommendation: Adopt
Resolution No. 2003- repealing Resolution Nos.
95 -1135 and 97 -1346, to become effective upon the
effective date of Ordinance No. 297. (Staff: Barry
Hogan)
0. Consider Schedule for Second Reading of Ordinance No.
296: Zoning Ordinance Amendment No. 2003 -01, Deleting
Chapter 5.88 of the Moorpark Municipal Code Regarding
Home Occupations, Boutique Sales and Garage Sales and
Amending Chapter 17.28.020(B) Regarding Home
Occupations and Garage Sales. Staff Recommendation:
Direct staff to schedule the consideration of the
second reading and adoption of Ordinance No. 296 for
the next City Council meeting following the
consideration of the second reading and adoption of
Ordinance No. 297. (Staff: Barry Hogan)
Regular City Council Meeting Agenda
September 17, 2003
Page 6
11. ORDINANCES:
A. Consider Ordinance No. 297, an Ordinance of the City
of Moorpark, California, Amending Chapters 17.20 (Uses
by Zone), 17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.68 (Public Notice).
Staff Recommendation: Declare Ordinance No. 297 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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511 -0- 090 -340, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and the
Margaret Irene Gisler Cullen Trust
Under Negotiation: Price and terms of payment
D. 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.
E. 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
September 17, 2003.
Page.7
12. CLOSED SESSION: (continued)
F. 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, City Engineer, Community Development
Director, Community Services Director, Information
Systems Manager, Planning Manager, Principal Planner,
Public Works Director, Recreation Manager, and
Management Analyst.
13. ADJOURNMENT:
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Moorpark City
Agenda
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Report
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: September 4, 2003 (Council Meeting 9- 17 -03)
SUBJECT: Street Sweeping Parking Restrictions: Handicap
Exemption
DISCUSSION
A. Handicap Parking / Street Sweeping Parking Restrictions
The primary purpose for a handicap license or placard is to
allow vehicles to park in a designated handicap parking space.
A vehicle with a handicap license or placard is not exempt
from any parking prohibitions. [Note: Such vehicles are exempt
from limited time parking restrictions.] Accordingly, such
vehicles parked in violation of the City's street sweeping
parking restrictions, are subject to citation.
B. Committee Recommendation
Concerns have been expressed regarding the hardship posed by
the City's street sweeping parking restrictions upon persons
with a handicap. The matter was discussed by the
Transportation and Streets Committee [Councilmembers Harper
and Millhouse ] on September 2. The Committee recommended that
the City Council adopt a policy to exempt vehicles with
handicap licenses or placards from the City's street sweeping
parking restrictions.
STAFF RECOMMENDATION
Approve the exemption of vehicles with a handicap license or
placard, from the City's Street Sweeping Parking Restriction and
direct staff to include this new policy in the next update of the
City Council's Policies Resolution.
Sweep parking_HC_0309
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To: The Honorable City Council From: Kenneth C. Gilbert, Director of Public Works
Date: September 8, 2003 (Council Meeting 9- 17 -03)
Subject: Resolution No. 2003- Rescinding Resolution No.
2001 -1920 Pertaining to "Permit Only" Parking
Restrictions on Summerglen Court, and Establishing
Revised "Permit Only" Parking Restrictions on Said
Street
BACKGROUND
In December of 2001, the City Council adopted Resolution No.
2001 -1920 establishing a "One -Hour Parking Zone - Permits Exempt"
on Summerglen Court (see Exhibit 1) . This action was taken in
response to complaints regarding "High School parking" on that
street. Previously similar parking restrictions were imposed on
Willow Springs Drive and other neighboring streets south of
Mountain Trail Street.
The efforts which preceded the establishment of parking
restrictions on Summerglen Court included attempts to determine
if there was any interest on the part of residents on the streets
to the east of Summerglen Court, to participate in this "Permit
Only" parking program. It is understood that the imposition of
parking restrictions often causes the "parking problem" to
migrate to neighboring streets. In that little or no interest was
expressed, these new parking restrictions were limited to
Summerglen Court.
DISCUSSION
A. Complaint / Request / Petition
Certain residents of Summerglen Court have observed that the
current parking restriction is not very effective. The
problems noted include:
• Parking of non - resident vehicles at time when the one hour
summerglen_0309
000002
Summerglen Court: Permit Only Parking
September 8, 2003
Page 2
restriction is not in effect [currently the One -Hour
parking restriction is in effect between the hours of 7:00
a.m. and 2:00 p.m., Monday thru Friday];
• Parking of non - resident vehicles for less than one hour;
and
• Staging of vehicles (driver in the car) waiting to pick -up
passengers.
It is the view of some that the only way to prevent non-
resident drivers from parking and staging on Summerglen Court
is to install signs which would read "NO STOPPING ANYTIME -
Permits Exempt ".
Those concerned contacted the Public Works Department. A
Petition was prepared to enable those parties to verify that
their neighbors were in support of taking this action. The
signed petition is attached as Exhibit 1.
B. Guest Permits
As requested by the sponsors of this proposal, the petition
requests that the number of Annual Guest Permits be increased
from one to FIVE. The Procedures made part of the attached
Resolution provide for FIVE Annual Guest Permits per year.
C. Fiscal Impact
The cost to implement a change to the parking restrictions on
Summerglen Court is generally summarized as follows:
Description Expense ($)
• Signs [6 ea x $40] 240
• Labor [4 hrs. x $50 /hr] 200
Total 440
D. Pros and Cons
This is a unique request in response to a unique problem. The
PROS and CONS which could be cited with regard to taking this
action include the following:
Pros:
• Provides a parking restriction which is believed to be
adequate to prevent past problems.
Cons:
• Eliminates public parking on this public street. No one
summerglen 0309
000003
Summerglen Court: Permit Only Parking
September 8, 2003
Page 3
but residents and their guests would be allowed to park on
this public street.
• Applies all day, every day, including holidays and week-
ends when there is no School activity.
• Creates an expectation on the part of Summerglen residents
that this "24 -7" parking restriction would be regularly
and routinely enforced.
• Creates a demand for a "higher- than - normal" level of
municipal service. Routine and regular enforcement of this
parking restriction would result in a level of service to
this street which would be far higher that that enjoyed by
the average citizen of Moorpark.
• Applies to delivery trucks, service vehicles, utility
company vehicles, etc.
E. Other Options
Other options the City Council could consider include:
1. Take no action;
2. Change the restriction to NO PARKING ANYTIME - Permits
Exempt; and
3. Change the restriction to NO PARKING 7 A.M. TO 11 P.M.
Monday thru Friday - Permits Exempt.
F. Resolution
Attached as Exhibit 2 is a Resolution, which if adopted, will
implement the revised parking restrictions requested in the
Petition (Exhibit 1).
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
Attachments:
Exhibit 1:
Exhibit 2:
summerglen 0309
Petition
Resolution
000004
PETITION
REQUESTING THE ESTABLISHMENT OF
PERMIT ONLY PARKING
I understand that by signing this petition, I have been notified that a request is to be made to the City Council of
the City of Moorpark by the residents of Summerglen Court, for certain changes to PERMIT ONLY parking
restrictions in my neighborhood.
I understand that it is requested that the parking restrictions be changed to NO STOPPING ANYTIME. I
further understand that a) vehicles issued a PARKING PERMIT from the City of Moorpark will be exempt from
this parking restriction; b) in order to receive a parking permit, an application must be submitted to the City
listing the vehicle or vehicles to be permitted; c) said application must be accompanied by a copy of the
vehicle registration (or comparable document) clearly showing the license number of the vehicle and indicating
that said vehicle is registered to the resident or owner of a property in the restricted parking zone. I further
understand that it will be requested that the number of Annual Guest Permits which may be issued to each
residents in the affected area, be increased from ONE to FIVE. I also understand that there are provisions for
the issuance of multiple guest permits for short duration for special events.
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PETITION
REQUESTING THE ESTABLISHMENT OF
PERMIT ONLY PARKING
I understand that by signing this petition, I have been notified that a request is to be made to the City Council of
the City of Moorpark by the residents of Summerglen Court, for certain changes to PERMIT ONLY parking
restrictions in my neighborhood.
I understand that it is requested that the parking restrictions be changed to NO STOPPING ANYTIME. I
further understand that a) vehicles issued a PARKING PERMIT from the City of Moorpark will be exempt from
this parking restriction; b) in order to receive a parking permit, an application must be submitted to the City
listing the vehicle or vehicles to be permitted; c) said application must be accompanied by a copy of the
vehicle registration (or comparable document) clearly showing the license number of the vehicle and indicating
that said vehicle is registered to the resident or owner of a property in the restricted parking zone. I further
understand that it will be requested that the number of Annual Guest Permits which may be issued to each
residents in the affected area, be increased from ONE to FIVE. I also understand that there are provisions for
the issuance of multiple guest permits for short duration for special events.
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000006
Exhibit 2
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, RESCINDING
RESOLUTION NO. 2001 -1920 PERTAINING TO
PARKING RESTRICTIONS ON SUMMERGLEN COURT AND
ESTABLISHING REVISED PARKING RESTRICTIONS ON
SAID STREET
WHEREAS, Section 22507 of the California Vehicle Code (CVC)
authorizes a local agency to establish parking restrictions on any
street or highway within its jurisdiction and to provide for
preferential parking privileges, via permit, for residents
adjacent to any such street; and
WHEREAS, pursuant to said Section the City Council adopted
Resolution No. 2001 -1920 establishing "One Hour" parking zones
between certain hours on Summerglen Court, with provisions for the
issuance of permits exempting the vehicles of the residents of
Summerglen Court from such parking restrictions; and
WHEREAS, the City Council has determined that it is necessary
and appropriate to revise those parking restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2001 -1920 is hereby rescinded.
SECTION 2. A "NO STOPPING ANYTIME" zone is hereby established
on both sides of the entire length of Summerglen Court.
SECTION 3. Said parking restriction shall not apply to any
vehicle displaying a permit issued by the City exempting said
vehicle from said parking restriction.
SECTION 4. Such parking permits may only be issued in
accordance with the procedures set forth in Exhibit "A ".
SECTION 5. A parking permit shall not exempt said vehicle
from any other parking restriction imposed on the streets subject
to these provisions, including the Street Sweeping parking
restriction.
SECTION
placement and
these parking
6. The City Manager is directed to cause the
maintenance of appropriate signs giving notice of
restrictions and regulations.
000007
Resolution No. 2003 -
Page 2
SECTION 7. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this day of , 2003.
ATTEST:
Patrick Hunter, Mayor
Deborah Traffenstedt, City Clerk
10011:
Resolution No. 2003 -
Exhibit "A"
Page 1
Procedures
For Issuance of
PARKING PERMITS
PURPOSE
To establish procedures for the administration of the issuance of
permits for on- street parking.
GUIDELINES
The City Council of the City of Moorpark has adopted, and may from
time to time adopt additional resolutions, which establish
restricted parking zones with provisions for exemptions from the
stipulated parking regulations.
The parking regulations established for such restricted parking
zones shall apply to all vehicles, except those vehicles which
properly display a PARKING PERMIT which has been issued by the
City of Moorpark in accordance with these procedures.
PROCEDURES
1. These procedures shall only apply to certain residential
properties (hereinafter referred to as "affected property ")
which front upon a portion of a street subject to parking
restrictions which have provisions for the granting of an
exemption by means of the issuance of an appropriate parking
permit.
2. Said parking restriction exemption shall only be made
applicable to any given vehicle through the granting of a
PARKING PERMIT issued in accordance with the procedures set
forth herein.
3. Such a PARKING PERMIT may only be issued to the owner or
resident of an affected property.
4. Any owner or resident of an affected property who wishes to
be issued a PARKING PERMIT, must first file with the City a
Parking Permit Application.
5. In order to be approved, a Parking Permit Application must
state the address of an affected property and that the
applicant either resides at or is the owner of said affected
property.
11111'
Resolution No. 2003-
Exhibit "A"
Page 2
6. Such Application must also contain sufficient information
pertaining to the vehicle (s) to be issued permit(s), to
clearly show that said vehicle (s) is (are) registered to the
applicant. The applicant may be required to present
documents (i.e. vehicle registration, insurance certificate,
etc.) to confirm such information.
7. PARKING PERMITS shall ONLY be issued to vehicles which show
the registered owner's address to be the same as that of the
applicant. Permits shall be issued to specific vehicles. In
order to be valid, a Permit must be placed on the vehicle to
which it was issued.
8. Decal PARKING PERMITS shall be affixed tc
bumper of the vehicle. Card PARKING PERMITS
displayed in the left rear window of the
Permits shall not become valid or effective
they are affixed to or displayed in said
manner described above.
> the left rear
shall be clearly
vehicle. Such
unless or until
vehicle in the
9. PARKING PERMITS shall be valid for the period of time stated
on the Permit Application. All such Permits shall expire on
the 30th day of June of the year stated on the Permit
Application. The City will mail Permit Renewal Applications
in March of said year. Renewal Applications should be
submitted to the City by April 30 to allow adequate time for
processing.
10. The owner /resident of an affected property may be issued FIVE
Annual Guest Parking Permits per year.
11. The owner /resident of an affected property may be issued
additional Temporary Parking Permits in accordance with the
following guidelines:
• said Permits shall be issued for a period of time NOT TO
EXCEED ten (10) consecutive days.
• a maximum of six (6) Permits may be issued for any one
occurrence.
• the number of such occurrences per year shall not exceed
six (6) .
12. Temporary Parking Permits shall be placed on the dashboard on
the drivers' side of the vehicle.
000010
Resolution No. 2003 -
Exhibit "A"
Page 3
13. All Parking Permits, Annual Guest Permits and Temporary
Parking Permits shall be issued to facilitate the parking of
vehicles on the street at the address of the applicant and
shall not be valid for the parking of vehicles at any other
location.
14. The issuance of a Parking Permit to any vehicle shall not
exempt said vehicle from any provision of any other City
regulation or any provision of the California Vehicle Code,
including any Street Sweeping Parking Restrictions.
15. PARKING PERMITS shall not be issued to any over weight
vehicle as defined by City Ordinance or the California
Vehicle Code.
000011
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 'I , G
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services
DATE: September 5, 2003 (City Council Meeting of 9/17)
SUBJECT: Consider a Resolution of Necessity to Acquire Fee
Title by Eminent Domain to Certain Real Property
Owned by the Margaret Irene Gisler Cullen Trust
Located at 412 Poindexter Avenue
BACKGROUND
At the direction of the City Council, staff has been
pursuing the acquisition of the property at 412 Poindexter
Avenue with the goal of expanding Poindexter Park (known as
the Project). The property is directly adjacent to the
northern property line of the park and would allow the City
to expand public park and recreation amenities in the
downtown area of the City where additional park and
recreation amenities are most needed.
The Margaret Irene Gisler Cullen Trust owns the property.
The trustee is Marie Neal and her father, Richard White,
manages the trust on her behalf. The property is situated
at the southeast corner of Poindexter Avenue and Gisler
Road (APN 511 -0- 090 -340) and it is comprised of 2.02 acres.
Currently, the property is a parcel of unimproved land. It
is rectangular in shape and the former structural
improvements (a residence and garage) have been removed.
The only improvements remaining are fencing, trees, and
bushes. It is adjoining Chaparral Middle School to the east
and Poindexter Park to the south. To the west, across
Gisler Road, is the new single family affordable home tract
known as Mountain View. To the north, across Poindexter
Avenue, lay railroad tracks.
00002
City Council Agenda Report
August 20, 2003
Page 2
The property is zoned RPD -15, Residential Planned
Development with a density of up to 15 dwelling units per
acre on the site. Since the property is 2.02 acres, the
maximum total number of dwelling units that could be
developed is 30. This zone allows a wide variety of
residential uses, with development standards based on City
approval of the specific project. The property is located
within the Moorpark Redevelopment Area and any residential
project would be required to build a percentage of the
dwellings as affordable units. State law and the City's
policy require that 15 percent of the total number of units
be affordable, and that 40 percent of the affordable units
be for very low - income people.
On June 6, 2002, the City had an appraisal prepared on the
412 Poindexter property by Ventura Appraisal Consulting
Corporation. The appraisal price was determined to be
$616,000. The appraisal did not take into consideration the
affordable housing requirement.
On March 30, 2003, the City sent Mr. White a written offer
to purchase the property for the appraised market value of
$616,000. Following receipt of the City's letter, Mr. White
contacted staff by telephone. He stated his concern about
the fact that the appraisal was almost a year old and
therefore not reliable. He also stated that he was
negotiating with a commercial developer who was interested
in the property. Mr. White was informed that he could
either counter the City's offer or choose not to respond to
the offer, which would then expire. Mr. White chose not to
respond.
A new appraisal was ordered. The appraisal was completed on
April 11, 2003, and this time the appraisal considered the
affordable housing requirement. The new appraisal was
prepared by McNamara & Associates, which determined the
market value to be $535,000.
On May 14, 2003, the City sent a new written offer letter
to Mr. White (Attachment B). Again, Mr. White did not
respond to the offer letter.
A Mitigated Negative Declaration and Initial Study
(Attachment D) for the project was prepared in compliance
with the California Environmental Quality Act (CEQA), and
M: \MLindley \PARKS \Poindexter Property Purchase \Poindexter Property
acquisition ccagd.doc 000 013
City Council Agenda Report
August 20, 2003
Page 3
on June 27, 2003, a Public Notice of Intent to Adopt a
Mitigated Negative Declaration was published in the
newspaper. The comment period was June 27, 2003, through
July 16, 2003. The City did not receive any comments.
On July 30, 2003, the City sent Mr. White a Notice of
Hearing (Attachment C) notifying him that the City Council
would be considering a Resolution of Necessity for
acquisition by eminent domain of the fee title to the
property at 412 Poindexter Avenue, pursuant to Section 19,
Article 1 of the California Constitution, Sections 1240.010
through 1240.050 of the California Code of Civil Procedure
and Sections 37350.5, 38010, and 40401 of the Government
Code and Section 5303 of the Public Resources Code. Mr.
White has the right to be heard by the City Council pending
the receipt by the City of his written request within 15
days of the mailing of said notice (August 14, 2003).
It was the City's intent to schedule the Resolution of
Necessity for Council consideration on August 20, 2003.
However, the City received a written request from Mr. White
(attachment E) asking that consideration be delayed until
after September 15, 2003, because he would be out of town
until that date. The City granted his request in writing
(attachment F) and notified him that the new hearing date
would be September 17, 2003. A new Notice of Hearing was
prepared and mailed to reflect the new date.
DISCUSSION
Over the past several years, the City has expressed an
interest in the property at 412 Poindexter Avenue. The
property represents the only undeveloped, vacant parcel
adjacent to an existing park and public school. Poindexter
Park is the only public park in the downtown area and it is
very popular and heavily used, primarily by residents and
businesses that are located in the downtown area. Moorpark
Little League is based at Poindexter Park and neighboring
Chaparral Middle School, and has long expressed the need
for additional baseball fields. The City is not able to
accommodate all of the current youth and adult sports needs
because of a lack of park facilities. As new residential
housing is built, the deficit of parkland and park and
recreation amenities will increase. The Parks and
Recreation Commission has identified the need for a site in
M: \MLindley \PARKS \Poindexter Property Purchase \Poindexter Property
acquisition ccagd.doc 000014
City Council Agenda Report
August 20, 2003
Page 4
the downtown area to locate a future skatepark as being a
high priority. In addition to the park and recreation
acreage needs, acquiring property that fronts Poindexter
Avenue would give the park greater visibility and would
enhance the park's general access and safety.
In considering the adoption of the proposed Resolution of
Necessity, the City Council must make certain findings as
to the need for the Project and that the public interest is
served through the City's acquisition of the property. The
recommended findings are as follows:
1. The public interest and necessity require
additional pubic parkland and park and recreation
amenities because there is a shortage of such
land and amenities, particularly in the downtown
area of the City (This is consistent with the
findings adopted by the City Council on June 18,
2003, regarding the 296 Charles Street property);
2. The above described Project is planned and
located in the manner that will be most
compatible with the greatest public good and the
least private injury because the property is
vacant and undeveloped, and it is adjacent to an
existing park and middle school (This property is
ideally suited to address the current lack of
park facilities in this neighborhood and the
property being acquired is vacant);
3. The above described real property is necessary
for the proposed project because it is the only
undeveloped and unoccupied parcel adjacent to
Poindexter Park that would allow the park's
expansion;
4. The proposed Project is consistent with the
City's General Plan; and
5. The offer to purchase the above described
property has been made to the owner of record of
the property, as required by California
Government Code Sections 7267.2, and said offer
has not been accepted by said owner. An offer
M: \MLindley \PARKS \Poindexter Property Purchase \Poindexter Property
acquisition ccagd.doc 000 015
City Council Agenda Report
August 20, 2003
Page 5
letter was sent on May 14,
property owner did not respond.
STAFF RECOMNIENDATION
2003, and the
Accept and consider public testimony and adopt Resolution
No. 2003 - (Attachment A), adopting the findings of public
necessity to acquire Fee Title by eminent domain for
property at 412 Poindexter Avenue as described in the
Agenda Report. (4/5 th, s Roll Call Vote Required)
Attachments: A - Resolution
B - Letter to Mr. White
C - Hearing Notice
D - Mitigated Negative Declaration
E - Letter from Mr. White
F - Letter to Mr. White
M: \MLindley \PARKS \Poindexter Property Purchase \Poindexter Property
acquisition ccagd.doc 000016
Attachment A
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING AND DETERMINING
THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION FOR ESSENTIAL PUBLIC FACILITIES
PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS
412 POINDEXTER AVENUE; APN 511 -0- 090 -340, AS
THE SAME IS MORE PARTICULARLY DESCRIBED IN
EXHIBITS "A" and "B" ATTACHED HERETO AND
INCORPORATED HEREWITH.
WHEREAS, the City of Moorpark ( "City ") intends to acquire
the property located at 412 Poindexter Avenue; APN 511 -0- 090 -340
( "the Property ") in order to expand Poindexter Park; and
WHEREAS, the City made an offer to Richard White (declared
Representative of "Owner ") on May 14, 2003 to purchase property
for $535,000; and
WHEREAS, said offer of $535,000 represents the full amount
determined to be just compensation for the property and
improvements; and
WHEREAS, said offer is not less than the City's approved
appraisal of the fair market value of the property; and
WHEREAS, the City has the authority to acquire the property
by eminent domain as provided in Government Code Sections
37350.5, 38010, 40401 and in the Public Resources Code Section
5303, and the required notice of hearing to consider this
resolution was given.
WHEREAS, the proposed use of the property for the expansion
of a public park is consistent with the Open Space Conservation
and Recreation Element of the Moorpark General Plan.
SECTION 1. The City of Moorpark (hereafter "City ") , after
consideration of the staff report, staff presentation,
discussion, oral testimony and evidence presented at the August
20, 2003, meeting of the City Council hereby finds, determines
and declares as follows:
000017
Resolution No. 2003 -
Page 2
1. That the public interest and necessity require
construction of addition public parkland and park and
recreation amenities (Project) because there is a
shortage of such land and amenities, particularly in
the downtown area of the City.
2. That the above described Project is planned and
located in the manner that will be most compatible
with the greatest public good and the least private
injury because the property is vacant and undeveloped
and it is adjacent to an existing public park and
middle school;
3. That the above described real property is necessary
for the proposed project because it is the only
undeveloped and unoccupied parcel adjacent to
Poindexter Park that would allow the park's expansion;
4. That the proposed project is consistent with the Open
Space, Conservation and Recreation Element of the
City's General Plan; and
5. That the offer to purchase the above described
property has been made to the owner of record of the
property, as required by California Government Code
Section 7267.2.
6. All conditions and statutory requirements necessary to
exercise the power of eminent domain to acquire the
property described herein have been complied with by
the City.
SECTION 2.
A. The City Council has received and considered the
information contained in the Negative Declaration prior to
acting on the proposed project and has found that this document
adequately addresses the environmental effects of the proposed
project.
B. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources
Code of the Station of California, beginning at Section 21000),
the City Council has determined that the Mitigated Negative
Declaration prepared for this project has been completed in
compliance with the California Environmental Quality Act,
��9r_;11
Resolution No. 2003 -
Page 3
reflects the independent judgment of the City Council of the
City of Moorpark, and is hereby adopted as prepared.
SECTION 3. The real property that is the subject of this
resolution and is to be taken by the City of Moorpark is located
at 412 Poindexter Avenue (APN: 511 -0- 090 -340) and as described
on Exhibit `A' which is attached hereto and incorporated herein,
and as more particularly depicted on Exhibit `B' which is also
attached hereto and incorporated herein.
SECTION 4. The public use for which the above - described
property is to be taken is the development of a neighborhood
park and the City of Moorpark is authorized to acquire the above
described property by eminent domain pursuant to Section 19,
Article 1 of the California Constitution, Sections 1240.010
through 1240.050 of the California Code of Civil Procedure and
other applicable law.
SECTION 5. If any of the above described property has been
previously appropriated to some public use, the public use for
which it is taken under this proceeding is a compatible public
use pursuant to Code of Civil Procedure 1240.510 or, in the
alternative, a more necessary public use pursuant to Code of
Civil Procedure 1240.610.
SECTION 6. The City's Attorney and the firm of Burke,
Williams and Sorenson are hereby authorized and directed to
prepare, institute, and prosecute in the name of the City of
Moorpark such proceedings in the court having jurisdiction
thereof as may be necessary for the acquisition of the above
described property.
SECTION 7. This resolution shall be effective immediately
upon its adoption.
SECTION 8. The City Clerk shall certify to the adoption of
this resolution by a vote of not less than four - fifths (4/5) of
all of the members of the City Council, and shall cause a
certified resolution to be filed in the book of original
Resolutions.
000019
Resolution No. 2003 -
Page 4
PASSED AND ADOPTED this 17th day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
Attachments: Exhibit "A"
Exhibit "B"
000020
Resolution No. 2003 -
Page 5
EXHIBIT A
MAP
MAP OF PARCEL ATTACHED
000021
Resolution No. 2003 -
Page 6
EXHIBIT B
LEGAL DESCRIPTION OF PARCEL
The portion of Lot P, Tract L, Rancho Simi, in the City of
Moorpark, county of Ventura, State of California, according to
the Map recorded in Book 5, Page 5, of Miscellaneous records of
said County.
Beginning at the southeasterly corner of the land described in
deed recorded in Book 511 of Official records, at Page 215,
Records of Ventura County; thence Westerly along the Southerly
line of said land North 89 -57 -29 West, 380.00 feet; thence North
0 -4 -41 East South 89 -57 -29 East along said Southerly line of
Poindexter Avenue, a distance of 382.00 feet to the Easterly
line of the land described in said deed; thence Southerly along
said line, 249.70 feet to the point of beginning.
000022
Resolution No. 2003 -
Page 6
EXHIBIT B
LEGAL DESCRIPTION OF PARCEL
The portion of Lot P, Tract L, Rancho Simi, in the City- of
Moorpark, county of Ventura, State of California, according to
the Map recorded in Book 5, Page 5, of Miscellaneous records of
said County.
Beginning at the southeasterly corner of the land described in
deed recorded in Book 511 of Official records, at Page 215,
Records of Ventura County; thence Westerly along the Southerly
line of said land North 89 -57 -29 West, 380.00 feet; thence North
0 -4 -41 East South 89 -57 -29 East along said Southerly line of
Poindexter Avenue, a distance of 382.00 feet to the Easterly
line of the land described in said deed; thence Southerly along
said line, 249.70 feet to the point of beginning.
000024
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
May 14, 2003, 2003
Richard White
Margaret Irene Gisler Cullen Trust
P.O. Box 321 (Via Certified Mail)
Aguanga, CA 92536
Re: Offer to Purchase Interests in Real Property: 412 Poindexter Avenue,
Moorpark, CA, - APN 511 -0 -090 -250
Dear Mr. White:
The City sent you an initial Offer to Purchase letter datediVlarch 30, 2003, for the .
property at 412 Poindexter Avenue. The offer was for $616,000 and you had until
April 14, 2003, to respond. You and I. had a phone conversation dpring which you
noted that the appraisal was over a year old and stated that you felt the offer was
low. I reported that the City would be conducting a new appraisal and that you
had the option of responding to the initial offer or not responding, in which case it
would lapse. The City did not receive a response from you regarding its initial
offer.
A new appraisal was performed and the City of Moorpark hereby presents a new
offer to purchase the fee simple interest in and to the Property for the appraised
market value of five hundred thirty -five thousand dollars ($535,000.00).
An independent appraisal of value was made of the Property to'-be acquired. The
amount of the above offer is the amount the City has determined to be the fair
market value based on the highest and best use, and applicable zoning for the
property as explained in the Appraisal attached hereto as Exhibit "A,° which is
incorporated herein by this reference.
This offer is subject to:
1. City Council ratification;
2. Your ability to convey acceptable marketable title, including
elimination of liens and encumbrances on the Property; and
1111 J
PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER ROSEANN MIK, 3. IA;wurF PARVIN
Richard White, Letter
March 20i 2003
Page 2
3. An environmental inspection and approval by the City. The
purpose of this process would be to attempt to determine whether
there is hazardous contamination within, adjacent to, or coming
from your property. The environmental inspection and approval
process may include physical inspections and environmental
assessments as deemed necessary, or advisable, by the City as
well as other testing or inspection should a preliminary review
indicate it advisable. In the event the City determines that
corrective or remedial action may be necessary, the City reserves
the right to reduce the amount offered to reflect these costs, or to
Withdraw this offer. Any _such inspections would be conducted at
City expense.
It is the City's hope that this price will be acceptable to you. Please respond to
the terms of this offer in writing no later than June 6, 2003.
If you have any questions regarding this letter, the acqutisition or the Appraisal,
please contact me at 805 - 517 -6216.
Sincerely,.
Mary . Lindley
Director of Community Services
cc: Steven Kueny, City Manager
Attachments: Exhibit A - Appraisal
M:\IYILindley\Administration \Gisler Trust Purchase Offer 2 ltr.doc -000026
MCNAMARA & ASSOCIATES
International Valuation Consultants
25602 Alicia Parkway, Suite 409
Laguna Hills, California 92653
Telephone (949) 643 -3556
Fax (949) 643 -5019
April 16, 2003
Ms. Mary Lindley,
Director of Community Services
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Dear Ms. Lindley: g
In accor,lance with your request, we have made an investigation and appraisal of the real
property described as and located at:
Multi- family Residential Land
Southeast corner of
Poindexter Avenue and Gisler Road
Moorpark, California
This appraisal is being prepared in order to estimate the Market Value of this property for
its possible acquisition by the City of Moorpark.
After completing our investigation and appraisal, it is our opinion that the Market Value
of this property, as of April 11, 2003, is in the amount of
FIVE HUNDRED THIRY FIVE THOUSAND DOLLARS
($535,000)
000027
MCNAMARA & ASSOCIATES
This estimate of value assumes that there is no contaminated soil present on the subject
property. If contamination was found to be present on this property, the value conclusions stated
herein would no longer be valid.
This is a Summary Appraisal Report, prepared under U.S.P.A.P. Standards Rule 2 -2(b).
Descriptions of the appraised property and explanations of appraisal procedures are
contained in this report. The field notes and a copy of this report are retained in our files and are
available for your reference if required.
We certify that our employment and fee in this matter is in no way contingent upon our
estimates of value, and that we have no present or contemplated interest in this property.
M
Richard K. Faulkner
Senior Associate
Appraisal and Report by:
Richard K. Faulkner
Senior Real Estate Appraiser
Respectfully submitted,
MCNAMARA AND ASSOCIATES
zal-
John N III
Managing irecto
(ii) 000028
Property Appraised:
Owner of Record:
Appraisal Date:
Appraisal Purpose
Land Area:
Improvements
Zoning
Assessor's Parcel Number
Highest and Best Use
Value Indication
r
MCNAMARA & ASSOCIATES
EXECUTIVE SUMMARY
Multi - family residential land on southeast corner, of
Poindexter Avenue and Gisler Road, Moorpark, California.
Marie Neal, Trustee of The Margaret Irene Gisler Cullen
Trust, created June 3, 1991.
April 11, 2003
To estimate the Market Value of the subject property
2.02 acres
Miscellaneous landscaping and fencing remaining from
formerly improved residential property
RPD -15 Units
512- 090 -34
Multi - family residential development
$535,000
(iv)
000029
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A
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MCNAMARA & ASSOCIATES
SITE DATA
Location and General Description of the Property
The property being appraised is a parcel of unimproved land located on the southeast
corner of Poindexter Avenue and Gisler Road, in the City of Moorpark, Ventura County,
California. The land is rectangular shaped, and the former structural improvements have been
removed. The only improvements are land improvements consisting of fencing, trees and other
landscaping. The property was formerly improved with a single - family residence. The yard
improvements are considered to add no value to the land value.
Address of the property is:
412 Poindexter Avenue
Moorpark, California
Adjoining on the east side of the subject is Chaparral Middle School, while on the south
is a public park. To the west, across Gisler Road, is a new tract of detached, single family homes
which were constructed as "affordable homes." To the North across Poindexter Avenue, are the
railroad tracks, with undeveloped land north of the tracks that is currently zoned for agricultural
uses.
Legal Description
The property being appraised may be described as follows:
That portion of Lot P, Tract L, Rancho Simi, in the
City of Moorpark, County of Ventura, State of
California, according to the Map recorded in Book
5, Page 5 of Miscellaneous records of said County,
described as follows:
(7)
000031
MCNAMARA & ASSOCIATES
Beginning at the southeasterly corner of the land
described in deed recorded in Book 511 of Official
records, at Page 215, Records of Ventura County;
thence Westerly along the Southerly line of said land
North 89 -57 -29 West, 382.00 feet; thence North 0 -04 -41 East
South 89 -57 -29 East along said Southerly line of Poindexter
Avenue, a distance of 382.00 feet to the Easterly line of the
land described in said deed; thence Southerly along said
line, 249.70 feet to the point of beginning.
Record Ownership
Ventura County records indicate that this property is vested as follows:
Margaret Irene Gisler Cullen, Trustee of the Margaret Irene
Gisler Trust, created June 3, 1991.
History of the Property
The subject property has been owned by the Gisler Family for at least the last ten years.
Land Size and Area
The subject land is rectangular in shape and is located on the southeast corner of
Poindexter Avenue and Gisler Road. It has an effective frontage of about 368.60 feet along the
south side of Poindexter Avenue, and an effective frontage of 239.70 feet along the east side of
Gisler Road. The southerly property line, adjacent to the park, is 368.60 feet long and the
easterly property line, adjacent to the school, is 239.70 feet long. Excluded from the northwest
corner of the property is a street corner radius, with a radius of 25 feet, and a length of 39.25 feet.
The surface of the land is level and is at grade with the streets and the adjoining land. The area
has been calculated to be a net area of about 88,219 square feet, or 2.02 acres.
The subject land is shown outlined in yellow on the Plat Map, located in the Addenda to
this report.
(8) 000032
MCNAMARA & ASSOCIATES
Utilities
All normal public utilities are available to the subject property. Telephone service is
provided by Pacific Bell, electricity by Southern California Edison company, natural gas by
Southern California Gas Company, and water by Ventura County Water Works.
Streets and Access
Poindexter Avenue runs westerly from Moorpark Avenue. It has a right of way width of
60 feet and is developed with one driving lane in each direction. No parking is allowed.
Improvements include asphalt paving, street lights, and concretee curbs, gutters, and sidewalks.
Gisler Road runs south from Poindexter Avenue for a distance of about one block where
it ends at the south end of the park. It has a 50 foot right of way width, and is developed with
one driving lane and one parking lane in each direction. It is improved with asphalt paving,
street lights, and concrete curbs, gutters, and sidewalks.
Access to the area is via Moorpark Avenue (Highway 23), which provides access to the
south to Los Angeles. Avenue, which runs easterly to the Route 23 -118 Freeway and westerly to
the Ventura area. To the north, Moorpark Avenue runs through the hills to Fillmore and the
Route 126 Freeway.
Hazardous Materials and Waste
In the past, this site has apparently been used for residential and agricultural purposes,
which has been the general historical use for this area.
No hazardous materials or wastes were observed on the site. Only a qualified
environmental engineer would be qualified to assess any potential problems due to hazardous
materials or substances that might affect the property. This appraisal assumes that there are no
such problems. If problems were to be found which affects the site, the value conclusions stated
herein would no longer be valid.
(9) 000033
MCNAMARA & ASSOCIATES
Zoning
The Land is zoned RPD -15, Residential Planned Development, by the City of Moorpark.
Allowed are up to 15 dwelling units per acre. "The purpose of this zone is to provide areas for
communities which will be developed utilizing modern land planning and unified design
techniques; this zone provides a flexible regulatory procedure in order to encourage:
1. Coordinated neighborhood design and compatibility with existing or potential
development of surrounding areas;
r 2. An efficient use of land particularly through the clustering of dwelling units and the
preservation of the natural features of sites;
3. Variety and innovation in site design, density, and housing unit options, including
garden apartments, townhouses, and single - family dwellings;
4. Lower housing costs through the reduction of street and utility networks; and
5. A more vaned, attractive and energy - efficient living environment as well as greater
opportunities for recreation than would be possible under other zone classifications."
This zone allows a wide variety. of residential uses, with most development standards
based on City approval of the specific project. The only basic development standard is a
maximum building height of 35 feet.
This property is located within the Moorpark Redevelopment Project, a project which
covers most of the older sections of Moorpark. On the Redevelopment Plan, General Plan- Land
Use Map, the subject property is shown as being designated VH, Residential, Very High Density.
The density is 10.1 to 20 dwelling units, per acre, with a 15 dwelling units per acre average.
The Health and Safety Code has the following requirements for projects in
redevelopments areas. "At least 15% of all new and substantially rehabilitated dwelling units
developed within a project area under the jurisdiction of an agency by public or private entities
or persons other than the agency shall be available at affordable housing cost to, and occupied
by, persons and families of low or moderate income. Not less than 40% of the dwelling units
required to be available at affordable housing cost to, and occupied by, persons and families of
(10 ) 000034
MCNAMARA & ASSOCIATES
low or moderate income shall be available at affordable housing cost to, and occupied by, very
low income households.
Assessed Valuation and Taxes
Assessed valuation and real property taxes for fiscal year 2001 -2002 are as follows:
Parcel
Land
Improvements
Total
511 -090 -340
$19,850
$50,425
$70,275
The improvement value shown on this tax roll includes the residence that has been
demolished. The real property taxes, including the residence, are $1,073.52.
Improvements
The subject land contains no structural improvements. Yard improvements are those
apparently remaining from the former use as a site for a single - family residence, and include
chain link perimeter fencing, trees, bushes, and plants. These improvements are considered to
add no value to the land value.
Present Use
At the present time the property is unimproved, and is not being used. It was formerly
improved with a residence, but the structural improvements have been cleared from the site.
Highest and Best Use
Highest and Best Use is defined by The Dictionary of Real Estate Appraisal (Edition,
1984) as follows:
The reasonable probable and legal use of vacant land or an improved property, which is
physically possible, appropriately supported, financially feasible, and that results in the highest
(11) 000035
MCNAMARA & ASSOCIATES
value. The four criteria the Highest and Best Use must meet are legal permissibility, physical
possibility, financial feasibility, and maximum profitability.
It is to be recognized that in cases where a site has existing improvements on it, the
Highest and Best Use as if Vacant may well be different from the existing use. The existing use
will continue however, unless and until land value in its Highest and Best Use exceeds the total
value of the property in its existing use, including demolition and cleanup costs.
Implied within these definitions is recognition of the contribution of that specific use to
community environment goals and to community development in addition to wealth
4; maximization. Also implied is that the determination of Highest and Best Use results from the
appraisers judgment and analytical skill, and that the use determined from analysis represents an
opinion, not a fact to be found. In appraisal practice, the concept of Highest and Best Use
represents the premise upon which value is based. In context of investment value, an alternative
form would be the most profitable use.
In estimating the Highest and Best Use of the subject property, we have considered those
uses that are legally permissible, physically possible, economically feasible,'reasonable probable,
and which would result in a positive return to the land. We also considered the surrounding land
uses and the demand for property in the local real estate market.
In analyzing the subject site as vacant, including its potential and justifiability for
particular type of building improvement, we have reviewed the permitted uses under the zoning
classification.
As Vacant
The subject land is zoned RPD -15, Residential Planned Development, with a density of
up to 15 dwelling units per acre on the site. The subject is considered to be unimproved, and
with an area of 2.02 acres, up to a total of 30 dwelling units could be developed. This property is
located within a redevelopment area and it would be required to provide some of the dwellings as
affordable units. The city would require that 15% of the total number of units be affordable, and
that 40% of the affordable units be for very low- income people. This would require that of the
30 potential units on the site, 5 would be affordable, and of this five, 40% or 2 would be for very
low- income people. Thus, out of a potential development of 30 units, 25 could be market rate or
market priced units, 3 would be affordable for lower income people or for people at 80% of the
( 12) 000036
MCNAMARA & ,ASSOCIATES
median income, and 2 would be for very low income people or for people at 50% of the area's
median income. Thus it is our opinion that the Highest and Best Use for the subject land would
be to develop a multiple family dwelling project with a total of 30 units, which would include 5
affordable units.
I&
( 13) 000037
MCNAMARA & ASSOCIATES
VALUATION
There are three recognized approaches to the valuation of real property. These are the
Reproduction Cost, Income. and Market Data Approaches. The use of all three approaches,
while desirable, is not always appropriate for all appraisal problems.
The Reproduction Cost Approach develops an estimate of market value by adding the
estimated land value, valued as if it were vacant and available for development, to the
depreciated reproduction or replacement cost of the improvements. The reproduction cost new
is first estimated; then this is reduced by the estimated amount of accrued depreciation to
indicate the inplace. value of the improvements. Accrued depreciation is composed of three
types which include: (1) Physical deterioration; (2) functional obsolescence; when compared to
new properties with the same function; (3) economic obsolescence or a .loss of value from
causes outside the property itself. The land value is estimated by comparing the subject site
with similar parcels which have recently sold or are Concurrently offered for sale.
o-
The Income Approach is concerned with estimating the present, value of the future
potential income stream generated by the subject property. This is usually measured as the net
income which it is justified in assuming the property will produce during its remaining useful
economic life. After a comparison with investments of similar and different types, and the
selection of an appropriate capitalization rate, the net income is then capitalized into an
indication of market value.
The Market Data Approach produces an estimate of the value of a property by comparing
it with similar properties of the same type which have recently sold or are currently offered for
sale in the same or a competing area. The Comparative process utilized in determining the
degree of comparability between the two properties involves the appraiser's judgment as to their
similarity with respect to many value factors such as: time of sale; property location: type, age,
size, quality, utility, and condition of improvements: possible plottage: available land for future
expansion, etc.
From these three approaches to value, or if all three were not appropriate, those which
were used are correlated and a final estimate of Market Value is made. For this appraisal, the
Market Data Approach will be used to estimate the value of the subject property a vacant land.
(14) 000038
MCNAMARA & ASSOCIATES
Market Data Approach — Land
The sales comparison method is the most common way of developing an estimate of the
Market Value of the land. In this approach, sales of vacant land which may be considered to be
comparable or competing with the subject property are gathered and analyzed and adjustments
made for various factors in order to increase the comparability between the sales and the subject.
The sales prices are adjusted for factors such as: time of sale or market conditions and the
changes in value between the date of the sale and the date of valuation; location; utility of the
property; access; land size and shape; zoning; topography; frontage; site prominence and
- visibility; etc. The adjusted prices are reduced to some common unit of comparison such as
price per acre, or price per square foot. The appraiser analyzes this information and derives a
unit value applicable to the subject property. When applied to the appropriate unit measure, this
value results in an estimate of the Market Value of the subject land as if vacant and available for
development to its Highest and Best Use.
The subject land is located on the southeast corner of Poindexter Avenue and Gisler
Road. The land has an area of 2.02 acres, and the zoning would allow up to�0 dwelling units on
the site. Of the 30 units, 5 would be required to be affordable units. This property is located
across the street from the railroad tracks, on its east side is an intermediate school, and on its
south side is a public park.
A search for sales of vacant land with a utility comparable to the subject's was made of
the Moorpark and Simi Valley area. There is only a relatively small amount of multi - family
zoned land in Moorpark, so it was necessary to go into the adjoining areas for comparable sales.
From this search a number of sales were investigated, of which a total of five were selected for
inclusion in this report. These sales, numbers 1 through 5, are detailed in the Addenda on
Supporting Data Pages, and are shown located, relative to the subject, on the Sales Map, also in
the Addenda. Of these 5 sales, 3 are located in Moorpark, and 2 are located in Simi Valley.
These sales occurred between March 2000 and the date of valuation. These sales
contained land areas between 3.74 acres and 9.48 acres, and the zonings varied between three
zoned, multi - family residential, with allowed densities of 7, 12, and 13.5 dwelling units per acre,
and two zoned CPD, Commercial Planned Development, which are going to be developed with
residential dwellings. One of these sites has been approved for 20 dwelling units per acre, while
the other has not been approved for development, although the adjoining land, owned by the
same developer, is approved with detached homes on "compact lots."
t 15 000039
MCNAMARA & ASSOCIATES
Sale number 1 is the March 2000 sale of a 4.86 -acre parcel located on Leta Yancy Road,
south of Los Angeles Avenue. This is two blocks west of Moorpark Avenue in a developing
area of smaller single- family residences, multi- family residences, with some commercial along
Los Angeles Avenue. This property is zoned CPD, but may be developed with the adjoining
land with smaller residences on "compact lots." The sales price of $850,000 reflected a pro -rata
value of $174,897 per acre, or $4.01 per square foot for land. The subject is superior to this sale
in time of sale or market conditions, and corner location, while the sale is larger in size, and is
superior in zoning, and utility. The two properties are about equal in land shape, topography,
and most other factors. On a pro -rata or per square foot basis, the subject is considered to be a
little superior to this sale:
Sale number 2 is the April 2000 sale of a property on the northeast corner of Alamo
Street and Fairbanks Avenue, in the central portion of the City of Simi Valley. This is a few
blocks north of the Ronald Regan Freeway. This sale is a 5.23 -acre property zoned for Multiple
Family Residences with a density of 13.5 dwelling units per acre. The zoning would allow up to
70 units on the site. The sales price of $1,500,000 reflected pro -rata values of $286,807 per acre
or $6.58 per square foot for land. On a per -unit basis, this sale reflected a value of $21,429 per
unit. The subject is superior to this sale in market conditions and zoning, while the sale is larger
in size, and is superior in location, and utility. The two properties are about equal in corner
location, land shape, and most other factors. On a per unit basis, this sale is considered to be a
little superior to the subject.
Sale number 3 is the July 2001 sale of a property on Kuehner Drive, at the easterly end of
Simi Valley. This property is irregular in shape, and it runs from the east. side of Kuehner Drive
to the southerly side of the Ronald Regan Freeway. The land is zoned RM -7, multi - family
residential, with a density of 7 dwelling units per acre. This site could be developed with up to
26 units. The sales price of $875,000 reflected pro -rata values of $233,957 per acre and $5.37
per square foot for land. The cost on a per dwelling unit basis, is $33,654 per unit allowed. The
subject is superior to this sale in market conditions, corner location, land shape, zoning,
topography, and utility, while the sale is superior in location, access, and is larger in size. On a
per unit basis, this sale is considered to be superior to the subject.
Sale number 4 is the July 2001 sale and concurrent resale of a parcel on the south side of
Los Angeles Avenue, one block east of Moorpark Avenue, in the City of Moorpark. This is a
relatively long and narrow parcel with 9.25 acres, and it is zoned RPD -12 Units. The City has
(16 ) 000040
MCNAMARA & ASSOCIATES
approved a development of 79 condominiums on the site. The purchase price of $3,450,000
reflected pro -rata values of $372,973 per acre and $9.55 per square foot for land, and $43,670
per unit allowed. This property has an approved density of 8.54 dwelling units per acre. The
subject is superior to this sale in market conditions, land shape, and corner location, while the
sale is larger in size, and is superior in location, access, and utility. The two properties are about
equal in zoning, topography, and most other factors.. On pro -rata and per unit basis, this sale is
considered to be superior to the subject.
Sale number 5 is the September 2002 sale of a 9.48 -acre parcel located one block south
of Los Angeles Avenue, and one block west of Moorpark Avenue. The property is zoned CPD,
and is located next to a large apartment complex. This area would not be an appropriate area for
commercial development. The parcel has been approved for a 190 -unit senior citizen apartment
development. This amounts to a density of 20 dwelling units per acre. The sales price of
$1,379,000 reflected pro -rata values of $145,464 per acre and $3.33 per square foot for land.
The sale reflected a value of $7,258 per unit on a per unit basis. T. he subject is superior to this
sale in market conditions and corner location, while the sale is larger in size, and is superior in
location, access, utility, zoning, and use density. The two properties are about equal in
topography, land shape, and most other factors. On a pro -rata and per unif basis, the subject is
considered to be superior to this sale.
Each of these sales, in addition to other data, have been analyzed and compared with the
subject property, and adjustments made for a number of factors in order to increase the
comparability between the sales and the subject. Adjustments were made for such factors as:
market conditions, or the time of the sale and the trends in values between the date of sale and
the date of valuation; size and shape of the land; zoning; access; corner location; amount of street
frontage; adjoining and nearby developments; utility of the property; access; use density;
circumstances of the sale; entitlements; location of the property; topography; offsite
improvements needed for development, etc.
After competing this study and analysis and making those adjustments considered
necessary in order to increase the comparability between the subject and the sales, the subject
land, considering it as if it were vacant and available for development to its highest and best use,
is estimated to have a market value of approximately $18,000 per Market Rate unit, with
adjustments necessary for the number of below market or affordable units required since this
property is in a redevelopment project area. For the subject with its total of 30 units, of which
25 may be market rate units, 3 must be priced for people with an income at 80% of the median
(17) 000041
MCNAMARA & ASSOCIATES
income in the area, and 2 must be priced for people a
The estimated value of the property is as follows:
25 units @ $ 18,000 per unit
3 units @ 80 % of $25,000 or $20,000
2 units @ 50% of $25,000 or $12,500
Total Market Value
t 50% of the median income for the area.
$450,000
_ $ 60,000
_ $ 25,000
$535,000
ft
18 ) 000042
MCNAMARA & ASSOCIATES
FINAL OPINION OF VALUE
The one appraisal approach considered to be appropriate for use in this appraisal resulted
in the following indication of value:
Market Data Approach -Land Value $535,000
The land value is based on the - assumption that the subject land is vacant and available for
development to its Highest and Best Use, and is based on sales of comparable and competing
land parcels, through the use of the Market Data or Comparable Sales Approach.
Use of the Cost and the Income Approaches was not considered to be appropriate for this
appraisal.
Based upon this study and analysis, it is our opinion that the Market Value of this
property, as of April 11, 2003, is in the amount of:
FIVE HUNDRED THIRTY FIVE THOUSAND DOLLARS
($535,000)
( 19) 000043
A-R-cc�i men} C
NOTICE OF HEARING
NOTICE OF HEARING TO CONSIDER A RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF 412 POINDEXTER AVENUE; APN 511- 0 -090-
340; AS THE SAME IS DESCRIBED IN EXHIBIT "A" ATTACHED.
TO: Richard White (On Behalf of Marie Neal, Trustee)
The Margaret Irene Gisler Cullen Trust
P.O. Box 321
Aguanga, CA 92536
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section 1230.010 et. seq.,
that the City of Moorpark intends to consider a Resolution of Necessity for acquisition by eminent
domain of the fee title to certain real property ( "Property "), for the development of a public park (the
"Project "). The Property is located at 412 Poindexter Avenue; APN 511 -0- 090 -340 (previously APN
551 -0- 090 -250); as the same is described in Exhibit "A" Attached.
The hearing will be held on September 17, 2003 at 7:00 p.m., or as soon thereafter as the City of
Moorpark City Council can hear said matter, at the City of Moorpark City Council Chambers, located at
799 Moorpark Avenue, Moorpark, California 93021.
You, as a person claiming or having an interest in and to the Property, are hereby notified that
you have the right to appear and be heard on the issues to be considered at that hearing. The issues
which will be considered are set forth in California Code of Civil Procedure section 1240.030, and
include: -
Whether or not the public interest and necessity require the Project;
2. Whether or not the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
Whether or not the Property sought to be acquired is necessary for the Project.
If you wish to be heard at this hearing, you MUST FILE A WRITTEN REQUEST, indicating
your intent to appear and be heard, within fifteen (15) days of the mailing of this notice by filing or
delivering that written request to the City of Moorpark, City Manager at 799 Moorpark Avenue,
Moorpark, California 93021.
You may use the enclosure for the purpose of notifying the City of Moorpark of your intent and
desire to be heard. Your failure to timely file a written request to appear and be heard may result
in a waiver of your right to be heard.
For further information, contact Mary Lindley at (805) 517 -6216.
Mary K. L' dtramity Director f CJSeces
NOTICE OF HEARING, Page 2
Name
Address
Date
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY [412 Poindexter Avenue].
Telephone
Signature
i�rr•
NOTICE OF HEARING, Page 3
The portion of
Moorpark, county
the Map recorded
said County.
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL
Lot P, Tract L, Rancho Simi, in the City of
of Ventura, State of California, according to
in Book 5, Page 5, of Miscellaneous records of
Beginning at the southeasterly corner of the land described in
deed recorded in Book 511 of Official records, at Page 215,
Records of Ventura County; thence Westerly along the Southerly
line of said land North 89 -57 -29 West, 380.00 feet; thence North
0 -4 -41 East South 89 -57 -29 East along said Southerly line of
Poindexter Avenue, a distance of 382.00 feet to the Easterly line
of the land described in said deed; thence Southerly along said
line, 249.70 feet to the point of beginning.
NOTICE OF HEARING, Page 3
The portion of
Moorpark, county
the Map recorded
said County.
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL
Lot P, Tract L, Rancho Simi, in the City of
of Ventura, State of California, according to
in Book 5, Page 5, of Miscellaneous records of
Beginning at the southeasterly corner of the land described in
deed recorded in Book 511 of Official records, at Page 215,
Records of Ventura County; thence Westerly along the Southerly
line of said land North 89 -57 -29 West, 380.00 feet; thence North
0 -4 -41 East South 89 -57 -29 East along said Southerly line of
Poindexter Avenue, a distance of 382.00 feet to the Easterly line
of the land described in said deed; thence Southerly along said
line, 249.70 feet to the point of beginning.
1111•;
iw yywri '
MITIGATED NEGATIVE DECLARATION
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
The following Mitigated Negative Declaration has been prepared in accordance with the California
Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures
of the City of Moorpark.
Public Review Period: June 27, 2003 to July 16, 2003
Project Title /Case No.: Poindexter Park Expansion
Project Location: 412 Poindexter Avenue, Moorpark, Ventura County. (Location Map Attached)
Project Description: The acquisition of a 2.02 acre lot in the RPD -15 Residential Planned
Development Zone at 412 Poindexter Avenue for the development of
parkland. Expected facilities could include shade trees, turf, Skatepark,
children's play equipment, sports fields, benches, and picnic tables.
Project Type: _ Private Project X Public Project
Project Applicant: City of Moorpark, 799. Moorpark Avenue, Moorpark, CA 93021
Finding: After preparing an Initial Study for the above referenced..project, revisions
have been made by the City consistent with the mitigation measures identified
in the Initial Study. With these revisions, it is found that there is no substantial
evidence, in light of the whole record before the City of Moorpark, that the
project may have a significant effect on the environment. (Initial Study
Attached)
Responsible Agencies: None.
Trustee Agencies: None.
Attachments: Location Map
Initial Study
Contact Person: David A. Bobardt, Planning Manager
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517 -6281
tllt�•
Poindexter Park Expansion
CITY OF MOORPARK INITIAL STUDY
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
Project Title: Poindexter Park Expansion Case No.: n/a
Contact Person and Phone No.: Mary Lindley (805) 517 -6215
Name of Applicant: City of Moorpark
Address and Phone No.: 799 Moorpark Ave, Moorpark, CA 93021 (805) 517 -6216
Project Location: 412 Poindexter Avenue
General Plan Designation: Downtown Specific Plan Zoning RPD -15, Residential Planned Dev
Project Description: The acquisition of a 2.02 acre lot for the expansion of a neighborhood park.
Expected facilities could include shade trees, turf, children's play equipment, Skatepark, benches, and picnic
tables.
Existing building foundation would be demolished.
Surrounding Land Uses and Setting:
North: Railroad Track
South: Developed parkland
East: Middle School
West: Single - Family Residences
Responsible and Trustee Agencies:
None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially
Sign' nt Impact" or 'Potentially Significant Unless Mitigated, " as indicated by the checklist on the following pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources x Cultural Resources Geology /Soils
Hazards and Hazardous Materials HydrologyNVater Quality Land Use /Planning
Mineral Resources Noise Population/Housing
Public Services Recreation Transportationfl-raffic
Utilities /Service Systems Mandatory Findings of Significance None
DETERMINATION: I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the project have been
made by the City. Mitigation Measures described on the attached Exhibit 1 have been added to the project. A
Mitigated Negative Declaration will be prepared.
Prepared by: ",_�� '' ' Reviewed by:
Date: — -` of Dat
000056
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitiaation Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista? X
2) Substantially damage scenic resources, including, but X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or X
quality of the site and its surroundings?
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The proposed expansion will not be lit for nighttime use. Low -level security lighting may be
installed.
Sources: Project description
il
Mitigation: None identified.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant
environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, X
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: This project does not affect agricultural resources.
Sources: Project description, location map.
Mitigation: None required.
C. AIR QUALITY — Would the project:
1) Conflict with or obstruct implementation of the applicable x
air quality plan?
2) Violate any air quality standard or contribute X
substantially to an existing or projected air quality
violation?
2 000051
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
3) Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant X
concentrations?
5) Create objectionable odors affecting a substantial number X
of people?
Response: The proposed park expansion will serve primarily existing residences within walking distance and
is not expected to generate substantial vehicle traffic.
Sources: Project description, Open Space, Conservation, and Recreation Element, Ventura County Air
Quality Assessment Guidelines of the Ventura County Air Pollution Control District November
2000.
Mitigation: None required.
D. BIOLOGICAL RESOURCES — Would the project:
1) Have a substantial adverse effect, either directly or X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat
X
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
3) Have a substantial adverse effect on federally protected
X
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native
X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances protecting
X
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat
X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
Response: This project, in an urbanized location, does not affect natural biological resources.
Sources: Project description.
Mitigation: None required.
3
000052
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the significance of
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred
outside of formal cemeteries?
X
X
X
X
Response: This project involves the grading and landscaping of the site for a park. The land had previously
been cleared and developed, leaving a remote possibility of cultural resources existing on site. A
building foundation remains from the previously demolished house. However, it has not been
identified as a historic resource and has no known historical significance. It was once owned by
Adolph Gisler and in the 1930's it served as a walnut ranch.
Sources: Project description.
Mitigation: A site investigation by a qualified archaeologist will be conducted prior-to grading. Any
significant artifacts present will be handled in accordance with recommended actions of the
F. GEOLOGY AND SOILS — Would the project:
1) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
Involving:
i) Rupture of a known earthquake fault, as delineated on the
x
most recent Alquist -Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
x
iii) Seismic- related ground failure, including liquefaction?
x
iv) Landslides?
X
2) Result in substantial soil erosion or the loss of topsoil?
x
3) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
x
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
4) Be located on expansive soil, as defined in Table 18 -1 -B
x
of the Uniform Building Code (1994), creating substantial
risks to life or property?
4
000053
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Sigriificant No
Impact Mitigation Impact Impact
5) Have soils incapable of adequately supporting the use of X
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
Response: This project does not include the construction of any buildings. Soil erosion is not expected,
since the site will be landscaped.
Sources: Project description.
Mitigation: None required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard to the public or the x
environment through the routine transport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and ---
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely
X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of
X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
X
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would
X
the project result in a safety hazard for people residing or
working in the project area?
7) Impair implementation of or physically interfere with an
X
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss,
X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Response: No known hazardous materials exist on the project site. Removal and disposal of any
hazardous materials, if identified, will take place in compliance with all local and State
regulations.
Sources: Project description.
Mitigation: None required.
5
000054
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
H. HYDROLOGY AND WATER QUALITY - Would the project:
1) Violate any water quality standards or waste discharge
requirements?
2) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre - existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
4) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
—
a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off - site?
5) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality?
7) Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
9) Expose people or structures to a significant risk of loss,
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation by seiche, tsunami, or mudflow?
X
X
X
X
X
X
X
X
X
X
Response: This project involves the installation of landscaping and hardscape for expanded parkland.
Proper NPDES Best Management Practices will be employed during demolition and
construction.
Sources: Project description.
Mitigation: None required.
1. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community?
2) Conflict with any applicable land use plan, policy, or
u
X
X
000055
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitiaation Impact Impact
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
The expansion of the existing park in the downtown area is consistent with the Moorpark
Parks and Recreation Master Plan and the Open Space Conservation and Recreation
Element. A park is a permitted use in the RPD -15 Zone.
Sources: City of Moorpark General Plan, Moorpark Downtown Specific Plan, Zoning Ordinance,
Moorpark Parks and Recreation Master Plan, project description.
Mitigation: None required.
J. MINERAL RESOURCES — Would the project:
1) Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Response: This project does not affect mineral resources.
Sources: Project description, site plans.
Mitigation: None required.
K. NOISE — Would the project result in:
1) Exposure of persons to or generation of noise levels in X
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive X
groundbome vibration or groundbome noise levels?
3) A substantial permanent increase in ambient noise levels X
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient X
noise levels in the project vicinity above levels existing
without the project?
5) For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
000056
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
6) For a project within the vicinity of a private airstrip, would X
the project expose people residing or working in the
project area to excessive noise levels?
Response: Construction noise will be limited per the requirements of the Moorpark Municipal Code;
therefore, this impact will be less -than significant. A potential skatepark facility would be used
intermittently, would not be in use at night, and would not generate noise levels greater than
activities in adjacent parkland.
Sources: City of Moorpark General Plan, Moorpark Municipal Code.
Mitigation: None required.
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either X
directly ( for example, by proposing new homes and
businesses) or indirectly ( for example, through
extension of roads or other infrastructure)?
2) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people, necessitating the X
construction of replacement housing elsewhere?
Response: The park will serve existing residents and will not lead to additional growth. The site is
currently unoccupied, containing only building foundation and vegetation.
Sources: Project description.
Mitigation: None required.
M. PUBLIC SERVICES
1) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
00005'7
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
impact mitigation Impact
Response: A minor amount of additional park maintenance will be required with park expansion.
Sources: Project description.
Mitigation: None required. .
N. RECREATION
1) Would the project increase the use of existing X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require X
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment r
Response: This project will provide additional recreational opportunities.
Sources: Project description.
Mitigation: None required.
O. TRANSPORTATION/TRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
3) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
5) Result in inadequate emergency access?
6) Result in inadequate parking capacity?
7) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
X
X
X
X
X
X
X
Response: This project will serve the existing neighborhood within walking distance. Additional vehicle
traffic is expected to less than significant. The adjacent developed parkland has sufficient
parking spaces.
Sources: City of Moorpark General Plan, project description, site plans.
Mitigation: None required.
9
000058
Poindexter Park Expansion
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
1) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
2) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
3) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the projects projected
demand in addition to the provider's existing
commitments?
6) Be served -by the landfill with sufficient permitted capacity
to accommodate the projects solid waste disposal
needs?
7) Comply with federal, state, and local statutes and
regulations related to solid waste? .
a
Response: This project does not involve any land uses that would affect wastewater, or solid waste.
Water use would be minimal due to the limited size of the park.
Sources: Project description.
Mitigation: None required.
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self - sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history of prehistory?
2) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and effects of probable future projects)?
3) Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
10
X
X
X
X
X
X
X
X
X
X
000059
Poindexter Park Expansion
Response: This project involves the expansion of a park to serve an existing neighborhood. The area of
work is fully urbanized.
Sources: Project description, site plans.
Earlier Environmental Documents Used in the Preparation of this Initial Study
None
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Study by reference, and
are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue,
Moorpark, CA 93021.
1. The City of Moorpark's General Plan, as amended.
2. The Moorpark Municipal Code, as amended.
3. Moorpark Downtown Specific Plan, October 1, 1998.
4. Moorpark Parks and Recreation Master Plan.
5. Phase I Environmental Site Assessment and Boring Study: 284 Charles Street, 661 Magnolia
Street, 297 High Street & 285 High Street, AGI Geotechnical, Inc., April 18, 2000.
6. Appraisal Report: 412 Poindexter Avenue, McNamara & Associates, April 11, 2003
7. The City of Moorpark Procedures for the Implementation of the California Environmental Quality
Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872.
8. Public Resources Code Section 21000 et. seq. & California Code of Regulations, Title 14 Section
15000 et. seq.
9. The Moorpark Story by Norma Gunther, 1969
11 000060
08 1112003 10:10 15057588667
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000061
A-
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
August 18, 2003
Richard White
P.O. Box 321
Aguanga, CA 92536
Dear Mr. White:
The City has agreed to your request to postpone the hearing on the property located at
412 Poindexter Avenue from August 20, 2003, to September 17, 2003. I will send you a
hearing notice setting the new date.
Sincerely,
Mary dley
Director of Community Services
No]
Steven Kueny, City Manager
Joseph Montes, City Attorney
1111.::
PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER 0
_ _ ROSEANN MIKOS JANICE S. PARVIN
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM
I 0 A
AC7 _.
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
DATE: September 5, 2003 (CC Meeting of 9/17/03)
SUBJECT: Consider the Appointment of an Ad Hoc Committee of the
Council for the Review and Consideration of
Development Opportunities for the Southern California
Edison Property Located at the Northwest Corner of Los
Angeles Avenue and Gabbert Road.
BACKGROUND /DISCUSSION
At the September 3, 2003, City Council meeting, a representative
of Southern California Edison Company requested that the City
Council consider establishing a Council Ad Hoc Committee as a
forum for discussion of the development potential of its Los
Angeles Avenue / Gabbert Road property. The City 'Council directed
staff to set consideration of the appointment of such a
Committee on its next agenda.
STAFF RECOMMENDATION
Appoint two Councilmembers to an Ad Hoc Committee for the
purposes of discussing development potential of the Southern
California Edison property located at the northwest corner of
Los Angeles Avenue and Gabbert Road.
S: \Community Development \DEV PMTS \C U P \2003 \02 DesignARC (Edison) \030917 cc agenda report.doc
000Ot 3
r - � � - � �� ITEM � o • A .
AC MINUTES OF THE CITY COUNCIL
Moorpark, California Auaust 20, 2003
A Regular Meeting of the City Council of the City of Moorpark
was held on August 20, 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 7:20 p.m.
2. PLEDGE OF ALLEGIANCE:
Kenneth Gilbert, Public Works Director, 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; Kenneth Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Barry Hogan, Community Development
Director; Walter Brown, City Engineer;
Captain Richard Diaz, Sheriff's Department;
Dave Bobardt, Planning Manager; John Brand,
Senior Management Analyst; Deborah
Traffenstedt, Assistant to City Manager /City
Clerk; and Maureen Benson, Deputy City
Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Deputy Jeffrey Manory, D.A.R.E Officer.
Mayor Hunter presented Deputy Jeffrey Manory with a
Certificate of Recognition honoring him for service as
the D.A.R.E. Officer at Moorpark primary and middle
schools.
Deputy Manory thanked the Council and stated he would
miss the rewarding assignment as the D.A.R.E. Officer.
�rrr.•
Minutes of the City Council
Moorpark, California Page 2 August 20, 2003
B. Recognition of Deputy Amy Ward, Moorpark High School
Resource Officer.
5.
0
Mayor Hunter presented Deputy Amy Ward with a
Certificate of Recognition honoring her for service as
the Moorpark High School Resource Officer.
Deputy Ward stated she had enjoyed working with the
students and thanked Captain Diaz for his support.
C. Recognition of Outgoing Teen Council Members.
Mayor Hunter presented Certificates of Recognition to
Outgoing Teen Council Members Shauna Marsh, Shannon
Pflaumer, Elizabeth Saidkhanian, Andrea Green,
Brittany Best, Sannaz Keyhani, Zahabiya Chithiwala,
Nick Semnani, and Todd Koszela.
D. City Manager's Monthly Report.
Mr. Kueny introduced Captain Richard Diaz who gave the
monthly report. Captain Diaz provided a history of
the twenty -year relationship between the city of
Moorpark and the Ventura County Sheriff's Department
whose services are contracted to the City. He spoke
about the new Police Services Center to be completed
in 2004; and the various programs involving the Police
Department at local schools and in the community.
Captain Diaz described his traditional small town
police management style of accessibility and
responsiveness.
PUBLIC COMMENT:
Larry Jones, coach of
Decathlon team thanked
which made team travel
Sacramento, California.
photograph of the team
Bush.
the Moorpark High School Academic
the Council for financial support,
possible to Washington, D.C. and
He presented the Council with a
at the White House with President
REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Mr. Kueny requested Item 10.E. be pulled from the Consent
Calendar for individual consideration.
1111.
Minutes of the City Council
Moorpark, California Page 3 August 20, 2003
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Mikos commented on the great time she had at
Neighborhood Night Out.
Councilmember Mikos requested a future agenda item to
report on the condition of the protected vernal pool
located in the Carl sberg /Serenata development and what is
causing the pool to be dry.
Councilmember Parvin announced the Moorpark High School
Academic Decathlon team members will be the Grand Marshals
at the September 27th Country Days parade.
Councilmember Parvin thanked Sheriff Bob Brooks, Captain
Richard Diaz, Senior Deputy Ed Tumbleson, and all of the
Moorpark neighborhoods for the great job in creating a
successful Neighborhood Night Out, where law enforcement
and the community could interact.
Councilmember Millhouse thanked Douglas Failing, District 7
Director of Caltrans, for succeeding in opening the east
bound shoulder of State Route 118 to improve traffic flow.
8. PUBLIC HEARING:
A. Consider General Plan Amendment No. 2003 -01, Zone
Change No. 2003 -01, Tentative Tract Map No. 5405, and
Residential Planned Development Permit No. 2003 -01,
for Seventeen (17) Affordable Single- Family Housing
Units on a 3.15 Acre Site Located West of Walnut
Canyon Road, Approximately One -Half Mile North of
Casey Road on the Application of William Lyon Homes.
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
2) Adopt Resolution No. 2003 -2110, adopting the
Mitigated Negative Declaration and approving General
Plan Amendment No. 2003 -01; 3) Adopt Resolution No.
2003 -2111, approving Tentative Tract Map No. 5405, and
Residential Planned Development Permit No. 2003 -01
subject to Conditions of Approval; and 4) Introduce
Ordinance No. 295 for first reading to amend the
zoning of the project site, and schedule second
reading and adoption for September 3, 2003.
Mr. Hogan gave the staff report.
X111..
Minutes of the City Council
Moorpark, California Page 4 Auqust 20, 2003
Questions from the Council focused on whether the
project has double -pane windows; whether the developer
for the project is working with the Fish and Game
Department for a stream alteration permit; whether the
Planning Commission had discussed the architecture
depicted in the elevations; whether more articulation
could be added to the posts at doorway entrances;
whether restrictions could be placed on the species of
trees selected to avoid trees overpowering the small
yards; whether there were any concerns about the slope
failing; whether a noise study could be performed in
regard to the retaining wall; whether there is
sufficient parking; whether Tract 5187 is responsible
for maintenance of the slopes to the west and what
entity is responsible for the perimeter landscaping;
aesthetic and stability concerns with the proposed
soil nail retaining wall; and whether separate
landscape districts would be better replaced by
incorporating the affordable units into the
Homeowners' Association (HOA) for the adjacent Tract
5187.
Mr. Hogan stated the entire project will have double -
pane windows; due to the early start on grading, the
applicant has already met with California Fish and
Game regarding a stream alteration permit; Planning
Commissioner DiCecco indicates the applicant has done
a better than adequate job in dealing with the small
lots and only suggests re- plotting some of the homes
to provide more usable side yard space; the applicant
can work on improving the articulation of the entry
posts; staff is confident the slopes will not slide
and soil nailing has been determined by the City
Engineer to be a better alternative than installing a
standard retaining wall; an echo effect was not
considered and an addendum to the noise report could
be performed; it is anticipated 2 cars can be parked
in each garage, 2 cars can park in each driveway, and
not quite 1 car per home can park in the street; Tract
5187 will be responsible for care of the landscaped
slopes to the west and the soil nail retaining wall,
while a Landscape Maintenance District will be
established for maintenance on Walnut Canyon Road; the
view of the soil nail wall will be softened by
landscaping; and the Tract 5187 HOA bears
responsibility if the soil nail wall were to fail.
000OG7
Minutes of the City Council
Moorpark, California Page 5 August 20, 2003
Mr. Kueny stated maintenance of the front yards of the
affordable units will be City controlled because of
the second trust deeds with maintenance provisions
written into the affordable housing documents.
Mayor Hunter opened the public hearing.
Desmond Bunting, representing William Lyon Homes,
Inc., 23975 Park Sorrento, No. 220, Calabasas, stated
his concurrence with the project conditions and his
notation of Council's concerns; all environmental
permits are in place for the adjacent Tract and this
development; they are willing to work with staff to
enhance articulation of the front entrances; and they
would support adding this development to the existing
Landscape District if that is the preference.
Questions from the Council focused on whether the wall
is depicted accurately in the photo; whether the
applicant would agree to allow staff to have latitude
in regard to the landscape issue on whether to combine
with the adjacent HOA or be maintained separately; and
whether the applicant would be agreeable to a noise
study addendum.
Mr. Hogan stated the actual retaining wall is only 25-
feet high while the photo sample depicts a 40 -foot
wall.
Mr. Kueny stated staff's direction would be to apply
the least expensive landscape maintenance district
option; and the conditions could be modified to
require a noise study.
In response to Mayor Hunter, Mr. Bunting stated he was
agreeable to the requirement for a noise study.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to adopt Resolution No. 2003 -2110,
adopting the Mitigated Negative Declaration and approving
General Plan Amendment No. 2003 -01. The motion carried by
unanimous voice vote.
Minutes of the City Council
Moorpark, California Page 6 August 20, 2003
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2003 -2111
approving Tentative Tract Map No. 5405, and Residential
Planned Development Permit No. 2003 -01, subject to
Conditions of Approval, as modified to include an
additional noise study requirement; landscape maintenance
district issue to be at the discretion of the Community
Development Director; and staff to work with the applicant
to enhance the architectural articulation at the front
entrances. The motion carried by unanimous voice vote.
Mr. Montes read the title of Ordinance No. 295.
MOTION: Councilmember Parvin moved and Councilmember
Harper seconded a motion to waive further reading of
Ordinance No. 295; declare Ordinance No. 295 introduced for
first reading; and schedule second reading and adoption for
September 3, 2003. The motion carried by unanimous voice
vote.
B. Consider Zoning Ordinance Amendment No. 2003 -01,
Deleting Chapter 5.88 of the Moorpark Municipal Code
Regarding Home Occupations, Boutique Sales, and Garage
Sales and Amending Chapter 17.28.020(B) Regarding Home
Occupations and Garage Sales. Staff Recommendation:
1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Introduce
Ordinance No. 296 for first reading to approve Zoning
Ordinance Amendment No. 2003 -01, and schedule second
reading and adoption for September 17, 2003.
Mr. Hogan gave the staff report.
A discussion followed between the Council and staff
regarding the need for clarification of the number of
residences allowed to participate in a garage sale
without obtaining a permit.
Questions
residents
from the Council focused on the type of form
would be required to complete in applying
sale permit; how Code Enforcement would
of this ordinance; why signage cannot be
overnight; whether square footage of a
be considered in calculating the
f a home used for a home business; and
number of students permitted from six to
for a garage
handle abuse
left in place
home should
percentage o
changing the
ten per day
for lessons in a home.
Minutes of the City Council
Moorpark, California Paqe 7 August 20, 2003
Mr. Hogan stated a form will be created specifically
for garage sales or the applicant could just submit a
letter; those who abuse the permit process would
receive two warnings prior to a citation or court
action; the signage requirements are part of current
code; and an exemption could be added to the ordinance
to determine, based upon square footage, the
percentage of a home to be used for a business.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter closed the public hearing.
CONSENSUS: It was the consensus of the Council to require
a permit when more than three homes have a combined garage
sale; to limit the amount of space used for a home business
to no more than ten percent of the gross floor space or 150
square feet, whichever is greater; to allow up to ten
students per day for lessons in a home; and to leave the
issue of signage as is for garage sales.
Mr. Montes read the title of Ordinance No. 296.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to waive further reading; declare
Ordinance No. 296 introduced for first reading, as amended;
and schedule second reading and adoption for September 17,
2003. The motion carried by unanimous voice vote.
C. Consider Amendments to Chapters 17.20 (Uses by Zone),
17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.68 (Public Notice).
Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing;
and 2) Introduce Ordinance No. for first reading
approving Zoning Ordinance Amendment No. 2002 -05, and
schedule second reading and adoption for September 3,
2003.
tier e
Minutes of the City Council
Moorpark, California Page 8 August 20, 2003
Mayor Hunter stated staff has received a letter from a
landowner, Southern California Edison Company, who
requests this item be postponed.
Mayor Hunter opened the public hearing.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to continue this item with public
hearing open to September 3, 2003. The motion carried by
unanimous voice vote.
D. Reconsideration of Condition of Approval for
Commercial Planned Development Permit No. 2002 -01
(GreeneWay) Related to Left -Turns at the Spring Road
Driveway, on the Initiation of City Council. Staff
Recommendation: Affirm the Conditions of Approval
that were adopted on June 4, 2003, utilizing Design
Option 3. Should the City Council wish to amend
Special Condition of Approval No. 11 related to the
left turn movements, direction could be given to the
Community Development Director to process a Permit
Adjustment.
Mr. Bobardt gave the staff report and presented late
correspondence from John Newton, representing the
applicant, GreeneWay Development, who is unable to
attend the meeting, but wanted to express support for
left turn capability from Spring Road.
Mr. Gilbert presented the design options.
A discussion followed between the Council and staff
regarding the plan approved on June 4th; u -turns at
Roberts Avenue; the incompatibility of allowing left -
turn egress with the level of existing traffic;
altering the center median and extending the two left
turn lanes to allow for more stacking; the poor design
of the initial center; existing businesses are aware
of original conditions, which did not allow for left
turns onto Spring Road; the potential diminished
survival rate of the businesses if left turns are
eliminated; allowing left -turn ingress only; and the
possibility of providing left turns with restricted
hours.
000071,
Minutes of the City Council
Moorpark, California Page 9 August 20, 2003
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to affirm the Conditions of Approval
adopted on June 4, 2003, utilizing Design Option 3.
A discussion followed between the Council and staff
regarding whether stenciling the pavement in the
turning area to "Keep Clear" would be beneficial;
determining the peak traffic hours and limiting left
turns during those times; the dangers of left -turn
egress across a double left -turn lane; and whether
signage would increase enforcement issues.
The motion failed by voice vote of 2 -3, with Councilmembers
Millhouse, Parvin and Mayor Hunter in opposition.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to approve Option 5 with pavement
stenciling in the turning area to "Keep Clear" and
extension of the stacking lanes for south bound traffic.
Mayor Hunter clarified that this was a public hearing.
Councilmember Millhouse withdrew his motion and
Councilmember Parvin withdrew her second.
Mayor Hunter opened the public hearing.
Ms. Traffenstedt restated there were no speakers.
Mayor Hunter closed the public hearing.
Councilmembers Harper and Mikos repeated their
concerns that this intersection is dangerous and based
upon the evidence received, it would be extremely
unsafe to allow left turns.
Mr. Gilbert made the Council aware the design for
widening Spring Road is almost complete and to
lengthen the turn lanes would necessitate widening
more of the roadway, taking more right -of -way from the
apartments.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to approve Option 5 with pavement
stenciling in the turning area to "Keep Clear" and
extension of the stacking lanes for south bound traffic.
000072
Minutes of the City Council
Moorpark, California Page 10 August 20, 2003
The motion failed by voice vote 2 -3, with Councilmembers
Harper, Mikos and Mayor Hunter in opposition.
MOTION: Mayor Hunter moved and Councilmember Parvin
seconded a motion to approve Option 5 allowing left -turn
ingress /egress with pavement stenciling to keep the
intersection clear; leaving left turn lanes as depicted on
stamped page 199 of the agenda report; posting of
restrictions for left turn egress during the hours of 7:00-
8:00 a.m. and 5:00 -6:00 p.m.; and obtaining a signed
agreement from the three current property owners
acknowledging that left -turn options may be eliminated at
some future date by the City. The motion carried by voice
vote 3 -2, with Councilmembers Harper and Mikos dissenting.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Teen Council Appointments. Staff
Recommendation: Make a minimum of seven and a maximum
of eleven appointments to the Teen Council for a one -
year term to end on June 30, 2004.
Ms. Traffenstedt gave the staff report.
MOTION: Mayor Hunter moved and Councilmember Millhouse
seconded a motion to waive rules to allow all eleven
nominations in one vote. The motion carried by unanimous
voice vote.
Councilmember Parvin stated she was very impressed
with all of the applicants.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Mayor Hunter moved and Councilmember Mikos
seconded a motion to appoint Aryan Azia, Hilary Pemberton,
Zahabiya Chithiwala, Sannaz Keyhani, Jon Lamberson,
Brittany Best, Taylor Fernandez, Shauna Marsh, Sergio
Pacheco, Nick Semnani, and Elizabeth Saidkhanian to serve
on the Teen Council for a one -year term to end on June 30,
2004. The motion carried by unanimous voice vote.
0000'73
Minutes of the City Council
Moorpark, California Page 11 August 20, 2003
B. Consider Appointment of Two City Representatives to
the Ventura County Area Housing Authority (AHA).
Staff Recommendation: Appoint two City
representatives to the Ventura County AHA for a four -
year term ending August 31, 2007.
Ms. Traffenstedt gave the staff report.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Mayor Hunter moved and Councilmember Millhouse
seconded a motion to waive rules to allow the two
nominations in one vote. The motion carried by unanimous
voice vote.
MOTION: Mayor Hunter moved and Councilmember Harper
seconded a motion to reappoint Jay Flashner and Herbert
Morrison to serve as City representatives to the Ventura
County Area Housing Authority for a four -year term ending
August 31, 2007. The motion carried by unanimous voice
vote.
C. Consider Cost Reduction Alternative for the
Corporation Yard Project. Staff Recommendation:
Approve the preliminary design for Construction Option
`A' (masonry construction with covered parking), with
the deletion of Change Item B (portion of wrought iron
fencing) and the inclusion of Change Item A (cover for
perimeter parking /storage areas) as a Bid Add
Alternate.
Mr. Gilbert gave the staff report.
A discussion between the Councilmembers and staff
focused on eliminating the chain link fencing, and the
possibility of including covered parking to better
protect vehicles.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to approve the preliminary
design for Construction Option A for masonry construction
with covered parking; the deletion of Change Item B
000074
Minutes of the City Council
Moorpark, California Page 12 August 20, 2003
resulting in the elimination of any chain link fencing; and
the inclusion of Change Item A for covered perimeter
parking /storage areas as a Bid Add Alternative with
direction to retain covered parking. The motion carried by
unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember Harper
seconded a motion to approve the Consent Calendar with the
exception of Item 10.E., which was pulled for individual
consideration. The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of May
1, 2002.
Consider Approval of Minutes of Regular Meeting of
August 21, 2002.
Consider Approval of Minutes of Regular Meeting of May
7, 2003.
Consider Approval of Minutes of Regular Meeting of
June 18, 2003.
Consider Approval of Minutes of Regular Meeting of
Julv 2, 2003.
Staff Recommendation: Approve the minutes.
B. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - Auqust 20, 2003.
Manual Warrants
Voided Warrant
113264 &
113266 - 113270 &
113401 - 113403 &
113406 & 113583 -
113586
113043
$ 843,694.67
$ (95.00)
Regular Warrants 113271 - 113379 & $1,299,066.26
113407 - 113498 & $ 481,305.54
113682 - 113701 $ 205,270.65
Staff Recommendation: Approve the warrant register.
000075
Minutes of the City Council
Moorpark, California Page 13 August 20, 2003
C. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - August 20, 2003.
Manual Warrants
113259 -
113263
&
$
211,795.13
113265 &
113404
-
113405 &
113582
Voided Warrant
113192 &
113063
&
$
(1,923.42)
113383 &
113438
Payroll Liability
113396 -
113400
&
$
2,600.16
Warrants
113577 -
113581
&
$
2,595.84
113590 -
113594
$
2,570.53
Regular Warrants
113380 -
113395
&
$
18,800.22
113499 -
113576
&
$
166,416.23
113595 -
113681
$1,677,221.01
Staff Recommendation: Approve the
warrant
register.
D. Consider Resolution Approving 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.) . (Continued from
July 2, 2003) Staff Recommendation: Adopt Resolution
No. 2003 -2112.
F. Consider Rescinding Agreement Between the City of
Moorpark and MSE Environmental, Inc. for Regular
Monthly Household Hazardous Waste Event Participation.
Staff Recommendation: Rescind the Agreement approved
on January 16, 2002.
G. Consider Waiver of Police Facility and Landscape Fees
for the Ventura County Fire Protection District
Station 42 Project. Staff Recommendation: Authorize
the fee waiver and refund the Police Facility Fee and
Landscape Fee in the total amount of $4,330.75 to the
Ventura County Fire Protection District.
H. Consider Right -of -Way Acquisition on Grimes Canyon
Road and on Spring Road North of New Los Angeles
Avenue. Staff Recommendation: 1) Authorize the City
Manager to execute documents related to the
000076
Minutes of the City Council
Moorpark, California Paqe 14
Auqust 20, 2003
acquisition of certain street rights -of -way and
related property rights required for the construction
of the projects described in the agenda report; and 2)
Authorize the City Clerk to accept and record any such
documents.
I. Consider Adoption of a Resolution Authorizing the
Submittal of a Ventura County Area Agency on Aging
Grant Application for Older Americans Act Title III -D
Funds for Disease Prevention and Health Promotion
Services at Senior Centers and Authorizing City
Manager to Sign All Related Agreements. Staff
Recommendation: Adopt Resolution No. 2003 -2113.
J. Consider Resolution Authorizing the City's Fiscal Year
2003/2004 Transportation Development Act (TDA) Claim.
Staff Recommendation: 1) Adopt Resolution No. 2003-
2114, authorizing the FY 2003/2004 TDA claim for the
City of Moorpark; and 2) Authorize the City Manager to
sign the claim for submittal to the Ventura County
Transportation Commission.
K. Consider Addendum to the Ventura Intercity Service
Transit Authority (VISTA) -East Cooperative Agreement,
and Cost Allocations. Staff Recommendation: 1)
Approve the Addendum funding VISTA -East for Fiscal
Year 2003/2004, subject to final language approval by
the City Manager; and 2) Authorize the Mayor to sign
the Agreement.
L. Consider Rejection of Claim: SBC. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
M. Consider Thousand Oaks Cab Company Request for Dial -A-
Ride Rate Increase. Staff Recommendation: 1) Approve
the new Thousand Oaks Cab Company rate of $2.10 per
flag drop and $2.10 per mile effective September 1,
2003; and 2) Authorize the City Manager to finalize
and execute an addendum to the City's Agreement.
N. Consider Transfer of Ownership of Coach USA (CUSA).
Staff Recommendation: Approve the transfer of the
Agreement for Maintenance and Operation of Moorpark
City Transit to CUSA, LLC.
0000'7'7
Minutes of the City Council
Moorpark, California Paae 15 August 20, 2003
0. Consider Authorizing the Community Development
Director to Extend the Time on a Temporary Use Permit
for a Temporary Equipment Storage Yard Located on the
South Side of Los Angeles Avenue Between Maureen Lane
and Leta Yancy Road on the Property Known as the
Pacific Communities Site (Val Verde Construction,
Applicant). Staff Recommendation: Authorize the
Community Development Director to extend the life of
the Temporary Use Permit for Val Verde Construction
for the construction yard for a total of ten months or
to the end of the water line construction project in
the City, whichever occurs later.
P. Consider Final Map Approval for Tract Map No. 4928 -3
(Toll Brothers). Staff Recommendation: Authorize the
Mayor and City Clerk to sign and the City Clerk to
cause Tract Map 4928 -3 to be recorded in the office of
the Ventura County Recorder.
The following item was pulled for individual consideration.
E. Consider Flinn Avenue Driveway. Staff Recommendation:
1) Approve the conceptual plan for converting Old
Flinn into an alley (driveway) and authorize staff to
design and construct the improvements required to
implement this plan; and 2) Direct staff to provide a
response to Mr. Scribner, respectfully declining his
offer to acquire the property in question.
Mr. Kueny reported staff would like to consider
another alternative with input from the Transportation
and Streets Committee and return with this item at a
future date.
CONSENSUS: It was the consensus of the Council to refer
this item to the Transportation and Streets Committee for
consideration of alternatives and to return with a report
to Council.
11. ORDINANCES:
None.
040078
Minutes of the City Council
Moorpark, California PaQe 16 August 20, 2003
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session
for Items 12.B. (one case), 12.C., 12.D., and 12.F.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of Items 12.B. (two cases), 12.C., 12.D., and 12.F. on the
agenda. The motion carried by unanimous voice vote. The time
was 9:55 p.m.
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 REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511 -0- 090 -340, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and the
Margaret Irene Gisler Cullen Trust
Under Negotiation: Price and terms of payment
D. 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
F. 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.
AT THIS POINT in the meeting, the Council recessed. The
Council reconvened into open session at 10:05 p.m., and Mr.
Montes announced that the City Council would also be
discussing in closed session one case under Item 12.A., and
0000'79
Minutes of the City Council
Moorpark, California Page 17 August 20, 2003
that the facts and circumstances creating significant
exposure to litigation consist of two written
communications threatening litigation received from the
Ventura County Grand Jury.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to add one case under Item 12.A. to the items
to be discussed in closed session. The motion carried by
unanimous voice vote. The time was 10:05 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)
Present in closed session were all Councilmembers, Steven
Kueny, City Manager; Joseph Montes, City Attorney; Hugh
Riley, Assistant City Manager; Barry Hogan, Community
Development Director; and Deborah Traffenstedt, Assistant
to City Manager /City Clerk.
The Council reconvened
Kueny stated Items 12.A
12.D. were discussed
report.
13. ADJOURNMENT:
into open session at 10:58 p.m. Mr.
. (one case), 12.B. (two cases), and
and that there was no action to
Mayor Hunter adjourned the meeting at 10:58 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
1111:!
REGULAR
WARRANTS
TOTAL
ITEM to-a-
WARRANT REGISTER
FOR THE 2002 -2003 FISCAL YEAR
CITY COUNCIL MEETING OF SEPTEMBER 17, 2003
SEQUENCE
From
113885 -
To
113891
AMOUNT
$ 52,387.67
$ 52,387.67
rrrr:
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2002 -03
CITY COUNCIL MEETING OF SEPTEMBER 17, 2003
CHECK
ISSUE
NUMBER
DATE
VENDOR
STATUS
DESCRIPTION
TOTAL
113885
9/1012003
�CA DEPARTMENT OF CONSERVATION
R
2ND QTR 2003 SMIP FEES
2,107.61
113886
9/10/2003
CALIFORNIA LUTHERAN UNIVERSITY
R
PUBLIC ADMIN THEORY- SANQUIST,D
701.00
113887
9/10/2003
J E CLARK II CORPORATION _
- R
PARKS TRACTOR FUEL
_- 50._7_8
113888 9/10/2003
SANQUIST, DEBORAH J.
R
REIMB PUBLIC ADMIN THEORY BOOK
42.63
113889 9/10/2003
113890_ 9/1012_003
SIMI VALLEY LANDFILL
VENTURA COUNTY ANIMAL REGULATION
R
R
16/03 LANDFILL FEES
1 -3103 ANNIMAL REGULATION
863.62
13,685.28
113891 9/10/2003-
VENTURA COUNTY FIRE PROTECTION
R
2ND QTR 2003 FIRE FEES MINUS 7/02 ADJ
34,936.75
52,387.67
TOTAL REPORT
i
ITEM 10- C.
CJTY OF
city° C'n un6 bye 4a?
9 /7- 3
CITY OF MOORPARK
WARRANT REGISTER
FOR THE 2003 -2004 FISCAL YEAR
CITY COUNCIL MEETING OF SEPTEMBER 17, 2003
SEQUENCE AMOUNT
From To
MANUAL - $ 0.00
WARRANTS
VOIDED $ 0.00
WARRANT
PAYROLL LIABILITY 113892 - 113896 $ 2,570.53
WARRANTS
REGULAR 113897 - 113983 & $ 22,259.49
WARRANTS 113984 - 114012 $ 440,027.45
TOTAL ji 404,53/.4/
rrrr:
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2003 -04
CITY COUNCIL MEETING OF SEPTEMBER 17, 2003
CHECK
NUMBER
ISSUE
DATE
VENDOR
STATUS
DESCRIPTION
TOTAL
113892
9/10/2003
AMERICAN HERITAGE LIFE INSURANCE
R
09/12/03 PAYROLL DEDUCTION LIABILITY
120.02
113893
9/10/2003
S E I U LOCAL 998
R
09/12/03 PAYROLL DEDUCTION LIABILITY
410.05
113894
9/10/2003
SANDRA KUENY
R
09/12/03 PAYROLL DEDUCTION LIABILITY
1,693.00
113895
9/10/2003
UNITED WAY OF VENTURA COUNTY
R
09/12/03 PAYROLL DEDUCTION LIABILITY
179.00
113896
9/10/2003
VENTURA COUNTY DISTRICT ATTORNEY
R
09/12/03 PAYROLL DEDUCTION LIABILITY
168.46
113897
9/10/2003
A T & T WIRELESS SERVICES
R
08/03 CELLULAR PHONE BILLS
668.51
113898
9/10/2003
ACCOUNTEMPS
R
ACCOUNTING SERVICE -SZABO
540.00
113899
9/10/2003
ACCURATE INDUSTRIAL SUPPLY
R
PW HARDWARE & DISPOSABLE RESPIRATOR
49.80
113900
9/10/2003
AGRX
R
PW COVERALLS
61.99
113901
9/10/2003
ALL -AIRE HEATING & AIR CO
R
SR CTR A/C UNIT REPAIR
232.00
113902
9/10/2003
ARCH WIRELESS
R
08103 PAGER BILL
143.25
113903
9/10/2003
ARROWHEAD DRINKING WATER
R
08/03 CH BREAK ROOM SUPPLIES
53.19
113904
9/10/2003
AXCES INDUSTRIAL SUPPLY
R
ASPHALT RELEASE AGENT
109.38
113905
9/10/2003
AZARFAR, SUSAN
R
REFUND -TEEN TRAVEL CAMP
48.00
113906
9/10/2003
BAY ALARM
R
9 -12/03 CH AND PW BUILDINGS ALARM
330.00
113907
9/10/2003
BELLASALMA, TONY
R
07 &08/03 LIFELINE MILEAGE REIMBURSEMENT
55.80
113908
9/10/2003
BIOGROUP USA
R
BIO BAGS -DOG WASTE BAGS
900.00
/10/2003
BOBARDT, DAVID
R
CCAP CONF MILEAGE & MEALS
152.70
!10/2003
BOGOYEVAC, PETE
R
SOFTBALL UMPIRE ASSIGNMENTS
25500
k909
/10/2003
BRETON, KAY
R
REFUND -CAMP MOORPARK
50.00
/10/2003
BSN SPORTS
R
SR CTR FITNESS SUPPLIES
690.59
/10/2003
CHUCK E. CHEESE'S PIZZA
R
8/15 CAMP MOORPARK EVENT
50915
/10/2003
CITY OF MOORPARK
R
8/12- 9/03/03 PETTY CASH MISC CHARGES
315.22
113915
9/10/2003
CMTA
R
TREASURY MANAGEMENT WORKSHOP- SANQUIST,D
350.00
113916
9/10/2003
COMPUWAVE
R
J CASILLAS COMPUTER LOAN -HP CARTRIDGE
138.55
113917
9/10/2003
DEPARTMENT OF MOTOR VEHICLE
R
RENEWAL TRAILER REGISTRATION
41.00
113918
9/10/2003
DIAL SECURITY
R
09/03 AVCP & SHADYRIDGE PATROL
360.00
113919
9/10/2003
DICECCO, MARK
R
8/19 MTG COMPENSATION
100.00
113920
9/10/2003
DISCOUNT SCHOOL SUPPLY
R
HALLOWEEN EVENT CRAFTS
81.82
113921
9/10/2003
DISPENSING TECHNOLOGY CORP.
R
PW SPRAY CHALK
53.93
113922
9/10/2003
DOYLE SHAW ICE
R
VECTOR CONTROL DRY ICE
16.00
113923
9/10/2003
DURAL, JOSEPH
R
JBL REFEREE
180.00
113924
9/10/2003
FEDERAL EXPRESS CORP
R
PW, CD & ACM DELIVERIES
91.27
113925
9/10/2003
FONTANA, BRIAN
R
REFUND -CIT #170043 OVERPAYMENT
50.00
113926
9/10/2003
GAMETIME
R
CAMPUS PARK BBQ'S
802.52
113927
9/10/2003
GRAINGER INC
R
PARKS - PLIERS SIDE CUT
44.78
113928
9/10/2003
HALPERT, JOE
R
REFUND -TEEN TRAVEL CAMP
15.00
113929
9/10/2003
HERTZ EQUIPMENT RENTAL
R
PARKS & MEDIANS WATER TRUCK RENTAL
1,455.38
113930
9/10/2003
HOGAN, BARRY K.
R
CCAP CONF MILEAGE & MEALS
152.70
113931
9/10/2003
HOME DEPOT -GECF
R
PW TOOLS & SUPPLIES
253.87
113932
9/10/2003
HOUSE SANITARY SUPPLY
R
COMM. CTR CLEANING SUPPLIES
743.47
113933
9/10/2003
JOLLY JUMPS INC
R
9/5 TEEN AFTER DARK EVENT
550.00
113934
9/10/2003
KELLY PAPER
R
AVRC PAPER SUPPLIES
210.51
113935
9/10/2003
KING, CHAD
R
REFUND -CIT #168406 OVERPAYMENT
40.00
113936
9/10/2003
KINSELLA, RYAN
R
VENTURA CO AIR POLLUTION MTG
23.90
113937
9/10/2003
KWIK KART READY MIX, INC.
R
WILLOWS RANCH CONCRETE
78.83
113938
9/10/2003
LAMPPOST PIZZA
R
JBL PIZZA PARTY
400.00
113939
9/10/2003
LANDIS, KIPP A
R
8/19 MTG COMPENSATION
100.00
113940
9/10/2003
LAULETTA, DAVID
R
8/19 MTG COMPENSATION
100.00
113941
9/10/2003
LAWRENCE, KEITH
R
JBL REFEREE
180.00
113942
9/10/2003
LBL EQUIPMENT REPAIR INC
R
WEED SPRAYER CAP
23.60
113943
9/10/2003
LIEBERT CASSIDY WHITMORE
R
FAIR LABOR STANDARDS ACT GUIDE
101.89
113944
9/10/2003
LINCOLN, SANDRA
R
REFUND -TEEN TRAVEL CAMP
25.00
113945
9/10/2003
MARTIN, TRACY
R
CPR TRAINING REFRESHMENTS REIMBURSEMENT
64.84
113946
9/10/2003
MATILIJA WATER COMPANY
R
9/03 PW,CH,ANNEX,AVRC,PARKS &COM FAC WATER
320.00
113947
9/10/2003
MOBIL /GECC
R
7 &8/03 VEHICLE FUEL BILLS
361.68
113948
9/10/2003
MOORPARK FEED & SUPPLY
R
VECTOR CONTROL LAY MASH
9.35
113949
9/10/2003
MSA- GREATER VENTURA CHAPTER
R
2004 MEMBERSHIP- MORGENSTERN &3 PW EMPLOY SEM
335.00
113950
9/10/2003
NORTH OAKS AUTO PARTS
R
VEHICLE WASHER FLUID & MAINT SUPPLIES
1904 .
113951
9/10/2003
ORCHARD SUPPLY HARDWARE
R
PARKS PAINT SUPPLIES
14.35
113952
9/10/2003
PESKAY, ROBERT
R
8/19 MTG COMPENSATION
100.00
113953
9/10/2003
POSTNET AND COMMUNICATION
R
PLANNING COMMISSION PACKETS PRINTED
286.30
113954
9/10/2003
POZZA, SCOTT
R
8119 MTG COMPENSATION
100.00
113955
9/10/2003
PRUDENTIAL OVERALL SUPPLY
R
PARKS,PW,VECTOR,AVCP UNIFORM MAINT &SUPPLIES
731.13
113956
9/10/2003
1 RALPHS GROCERY COMPANY
R
A WALTER RECOGNITION SUPPLIES
81.34
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2003 -04
CITY COUNCIL MEETING OF SEPTEMBER 17, 2003
CHECK
NUMBER
ISSUE
DATE
VENDOR
STATUS
DESCRIPTION
TOTAL
113957
9/10/2003
S &S SEEDS INC.
R
TIERRA REJADA SEED
43.96
113958
9/10/2003
SANQUIST, DEBORAH J.
R
TREASURY MANAGEMENT WORKSHOP MILEAGE
51.12
113959
9/10/2003
SHELL OIL COMPANY
R
7/03 VEHICLE FUEL BILLS
367.78
113960
9/10/2003
SIGNAL MAINTENANCE
R
8 /7PH &TR SIGNAL & MILLER/SPRING /PH SIGNAL MAINT
237.34
113961
9/10/2003
SOUTHERN CALIF ASSOCIATION
R
9/19 CONF REGISTRATION -N BURNS
140.00
113962
9/10/2003
SOUTHERN CALIFORNIA EDISON
R
7115 -8/13 POINDEXTER PARK ELECTRIC BILL
244.50
113963
9/10/2003
STEVE HARRASSER ASSOCIATE
R
REFUND - RESEARCH DEPOSIT
250.00
113964
9/10/2003
STEVEN GORDON TONER SUPPLY
R
TONER SUPPLIES
656.37
113965
9/10/2003
TAFT ELECTRIC COMPANY, INC
R
MOORPARK PD PHONES CIRCUIT
260.00
113966
9/10/2003
TAYLOR, JANE RUTH
R
SR CTR STRENGTH & BETTER BONES TRAINING
248.75
113967
9/10/2003
THOUSAND OAKS YAMAHA KAWASAKI
R
2001 KAWASAKI MAINTENANCE
613.14
113968
9/10/2003
TRI COUNTY OFFICE FURNITURE
R
STORAGE CADDY FREIGHT
37.54
113969
9/1012003
U.S. POSTMASTER
R
10/03 SR CTR NEWSLETTER
300.00
113970
9/10/2003
UNITED RENTALS
R
PW PAINT SUPPLIES
169.32
113971
9110/2003
VENTURA COUNTY
R
9/03 VECTOR CONTROL LEASE - WALNUT
352.72
113972
9/10/2003
VENTURA COUNTY MAIL #1100
R
7 &8103 REPEATER ACCESS
900.00
113973
9/10/2003
VENTURA COUNTY STAR
R
7/20 ENGINEER RECRUITMENT AD
221.70
113974
9/10/2003
VULCAN MATERIALS CO VENTURA
R
ASPHALT /CONCRETE PATCHES
1,086.90
113975
9110/2003
WEST GROUP
R
CA CODES & COURT RULES
144.78
113976
9/10/2003
WESTERN CHAPTER ISA
R
REDUCING INFRASTRUCTURE DAMAGE BY TREE ROOTS BOOK
30.03
113977
9/10/2003
WESTERN OIL SPREADING
R
TACK- CONCRETE PATCHES
48.26
113978
9/10/2003
WHITAKER HARDWARE, INC
R
PW, COMM. CTR TOOLS & SUPPLIES
173.83
113979
9/1012003
WILLIS, PAMELA S
R
PRESCHOOL INSTRUCTION
680.40
113980 _
9/10/2003
WM. L. MORRIS CHEVROLET
R
VEHICLE #22 REPAIR HAZARD BUTTON
35.13
113981
9/10/2003
WOLCO
R
7 -8/03 CITY COPIES
317.29
113982
9/10/2003
WORKPLACE, THE -SIMI VALLEY
R
LOZANO- EMPLOYEE PHYSICAL
60.00
113983
9/10/2003
YOUNG AT ART
R
SR CTR BEG DRAWING CLASS
237.00
113984
9/10/2003
ACCOUNTEMPS
R
ACCOUNTING SERVICE -SZABO
900.00
113985
9/10/2003
BAY ALARM
R
9 -12/03 COMM. FAC,CH&AVRC ALARM MONITORING
1,238.04
113986
9110/2003
BOETHING TREELAND FARMS
R
CHINESE TALLOW TREES
1,541.02
113987
9/10/2003
BONTERRA CONSULTING CORP.
R
NORTH PARK SPECIFIC PLAN
51,109.02
113988
9/10/2003
BOYLE ENGINEERING CORPORATION
R
LA AVE/BELTRAMO DESIGN & LA AVE/SPRING WIDEN
70,120.80
113989
9/10/2003
CALIFORNIA CD IMAGING CENTER
R
SCANNING SERVICES
8,804.05
113990
9/10/2003
CANTWELL, ALICE A
R
PRESCHOOL INSTRUCTION
1,062.60
113991
9/10/2003
CHARLES ABBOTT ASSOCIATES
V
7/03 ENGINEERING ADDITIONAL REMITTANCE CHECK
-
113992
9110/2003
CHARLES ABBOTT ASSOCIATES
R
7/03 ENGINEERING INVOICES
79,622.53
113993
9/10/2003
COMPUWAVE
R
QUESTYS BACKUP, EOC WIRELESS CARDS &VIDEO ADAPTER
1,525.10
113994
9/10/2003
DNA ELECTRIC
R
REMOVE & REPLACE SCOREBOARDS
1,194.21
113995
9/10/2003
DURHAM SCHOOL SERVICES
R
CAMP MOORPARK & TEEN TRAVEL CAMP TRANSPORTATION
1,666.00
113996
9/1012003
HINDERLITER, DE LLAMAS &
R
3RD QTR 03 SALES TAX & 1ST QTR 03 SALES TAX AUDIT
1,445.99
113997
9/10/2003
METRO PARKING & TRAFFIC
R
INSTALL 4 COUNTDOWN PEDESTRIAN DEVICES
2,393.40
113998
9/10/2003
MNS ENGINEERING, INC.
R
FLINN AVE REALIGNMENT
18,562.50
113999
9/10/2003
NATIV ENGINEERING, INC.
R
FLINN AVE REALIGNMENT MINUS RETENTION
167,056.60
114000
9/10/2003
PACIFIC COAST AUTO BODY
R
11998 LUMINA DOOR REPAIR
1,065.63
114001
9/10/2003
PROFESSIONAL DESIGN ASSOCIATION
R
LYON,USA PROPERTIES,TOLL BROS,CABRILLO&ZELMAN SVCS
1,885.00
114002
9/10/2003
RICE, GAIL
R
EMPLOYEE COMPUTER LOAN PROGRAM
1,842.53
114003
9/10/2003
SBC
R
7/03 CH,VECTOR,PARKS &COM CTR PHONE CHARGES
1,643.65
114004
9/10/2003
SBC /MCI
R
7/03 CH,VECTOR,PARKS &COM CTR LONG DISTANCE CHARGES
1,078.24
114005
9/10/2003
SCE
R
9/03 PREVIOUSLY NOT BILLED
1,551.79
114006
9/10/2003
SIGNAL MAINTENANCE
R
8/03 INTERSECTION MAINTENANCE & INSURANCE ADJ
1,405.65
114007
9/10/2003
TAPCO TRAFFIC & PARKING
R
STOP PADDLES AND PADDED CASE
1,317.03
114008
9/10/2003
TOTAL TENNIS ACADEMY
R
TENNIS CAMP & MIXED DOUBLES INSTRUCTION MINUS REFUNDS!
1,034.50
114009
9/1012003
UNION 76
R
7/03 VEHICLE FUEL BILLS
1,261.84
114010
9/10/2003
URBAN FUTURES, INC
R
MRA IMPLEMENTATION PLAN UPDATE
8,868.83
114011
9/10/2003
VENTURA COUNTY FIRE PROTECTION
R
REFUND PD FACILITY FEES & LANDSCAPE FEES
4,330.90
114012
9/10/2003
ZAMBELLI FIREWORKS MANUFACTURING
R
7/3/04 FIREWORKS DISPLAY DEPOSIT
4,500.00
TOTAL REPORT
464,857.47
rrrr:
TO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM
city �
o
Deborah S. Traffenstedt, ATCM /City Clerk -.1)5T
September 5, 2003 (CC Meeting of 9/17/03)
SUBJECT: Consider Rejection of Claim: Bordiers Nursery, Inc.
BACKGROUND
On August 11, 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 flood damage on February 12, 2003, and the estimated
damages are shown as $10,000 +. The affected property is described as
located adjacent to that section of the Arroyo Santa Rosa that runs
westerly from Sunset Valley Road to Moorpark Road in the County of
Ventura immediately south of the boundary of the City of Moorpark and
north of the boundary of the City of Thousand Oaks. The claim
describes the damage as flooding and erosion of approximately 18
acres of farmland north of Arroyo Santa Rosa and west of Sunset
Valley Road (Flood Area 1) and flooding and erosion of approximately
five acres of farmland southeast of Arroyo Santa Rosa and east of the
Moorpark Road Realignment (Flood Area 2).
While the claim describes flooding as caused by the negligence in the
design, construction and /or maintenance of County maintained drainage
ditches on both sides of Sunset Valley Road and of the culvert system
beneath Sunset Valley Road, and the design, construction and /or
maintenance of the Moorpark Road Realignment, the claim also states
that a contributing cause of flooding in both areas was negligent
actions of the City of Moorpark in authorizing extensive residential,
commercial and industrial projects upstream in the Arroyo Santa Rosa
water shed without requiring adequate mitigation measures to prevent
increased runoff from such projects.
The City's claim adjuster has recommended that a standard rejection
letter be sent to the claimant.
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection letter
to the claimant.
f 1 M.
TO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM 10. E-
k z xi. e
Deborah S. Traffenstedt, ATCM /City Clerk
September 5, 2003 (CC Meeting of 9/17/03)
�51
Schedule Time for Budget
SUBJECT: Consider Change
e to Regular
Affordable eand Financ Housing/Community Devel pment
City Council Standing Committees
BACKGROUND
In compliance with Section 8.6 of the City Council Policies
Resolution (No. 2002 - 2040), a regular meeting schedule for the City
Council Standing Committees was approved by the City Council in
January 2003.
The regular start time for both the Budget and Finance Committee and
the Affordable Housing /Community Development Committee is now
proposed to be changed from 5:30 p.m. to 6:00 p.m., due to the recent
change in the regular City Council meeting start time me fro 6:30p m.
to 7:00 p.m. No change to the regular meetin g day is proposed.
The current City Council appointments, proposed meeting start time,
and current meeting day schedule for the City Council Budget and
Finance Committee and Affordable Housing /Community Development
Committee are as follows:
STANDING COMMITTEE
NEW MEETING DAY
START
TIME
Affordable Housing /Community
6:00 Third Wednesday of the Month.
Development
P.M.
Members: Hunter & Mikos
Alternate: Harper
6:00 First Wednesday of the Month.
Budget and Finance
Members: Hunter & Harper
p.m.
Alternate: Hillhouse
STAFF RECOMMENDATION
Approve change in regular meeting schedule time from 5:30 p.m. to
6:00 p.m. for City Council Budget and Finance and Affordable
Housing /Community Development Standing Committees. 000087
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 1 o • �:-
CTS V F A10 P-, �R , GA 1. "' T0 R. INJA
xn"T
By: �. u
TO:
Honorable
City Council
FROM:
Deborah S.
Traffenstedt, ATCM /City Clerk
DATE: September 8, 2003 (CC Meeting of 9/17/03)
SUBJECT: Consider Authorizing Use of City Marquee Signs to
Advertise Moorpark Rotary Club Civil War Reenactment
Event Scheduled for November 8 and 9, 2003
BACKGROUND AND DISCUSSION
Mayor Hunter has asked that this item be scheduled to allow the
City Council to consider approving use of the City marquee signs
to advertise the Rotary Club Civil War Reenactment event at
Tierra Rejada Ranch, planned for November 8 and 9, 2003. In
2002, the City Council did approve the use of the City marquee
signs for this purpose.
STAFF RECOMMENDATION
Approve use of City marquee signs to include the name, date,
time, and location of the Civil War Reenactment event.
1111::
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10• G.
Ac _ mm
�A
� 1
TO: The Honorable City Council
FROM: John Hartnett, Recreation Manager � {�
Peggy Rothschild, Senior Center Coordinator!
DATE: September 3, 2003 (CC Meeting of September 17, 2003)
SUBJECT: Consider Adoption of Resolution Amending the FY 03/04
Budget by Appropriating OAA Grant Funds for Active
Adult Center Lifeline Devices
SUMMARY
The City has been awarded $6,700 in Older Americans Act (OAA)
Title III -B grant funds from the Ventura County Area Agency on
Aging (VCAAA) for the Lifeline Program. The City Council is
being asked to adopt the attached Resolution, amending the FY
03/04 budget to formally appropriate an additional $6,700 in
funds.
DISCUSSION
As you will recall, at the May 7, 2003 City Council meeting, the
Council authorized the City to apply for OAA grant funds from
VCAAA for the Lifeline Program at the Moorpark Active Adult
Center. The grant money will be used to purchase nine additional
Lifeline devices.
The City's Active Adult Center has participated in the Lifeline
Program since July 1991, providing public information, intake,
applications and devices to frail, low - income senior citizens
that are homebound. The City has partnered with Simi Valley
Hospital to provide volunteers, equipment and support for at-
risk elders. A senior activates the Lifeline device by pressing
a button. When activated, the device places a call to the
Hospital's emergency room and a designated person responds to
the call. By linking participating seniors to the Lifeline
Program, residents achieve a greater sense of security, knowing
Honorable City Council
September 17, 2003
Page 2
they can immediately call for assistance if they experience an
emergency while continuing to live independently at home.
The senior population continues to grow, increasing requests to
participate in the Lifeline Program. The addition of these new
devices will bring the City's total inventory to 34 and will
have a very positive effect on Moorpark's Lifeline Program.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2003-
Attachment: A- Resolution
1111'1
Honorable City Council
September 17, 2003
Page 3
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL
MOORPARK, CALIFORNIA, AMENDING
BUDGET BY APPROPRIATING $6,700
ACT TITLE III -B GRANT FUNDS
ADULT CENTER DIVISION BUDGET
THE LIFELINE PROGRAM
ATTACHMENT A
OF THE CITY OF
THE FY 2003/04
OLDER AMERICANS
TO THE ACTIVE
(1000.7610) FOR
WHEREAS, on June 18, 2003, the City Council adopted the
budget for Fiscal Year 2003/04; and
WHEREAS, a staff report has been presented to said Council
requesting a budget amendment appropriating $6,700 in Older
Americans Act (OAA) Title III -B grant funds for the Lifeline
Program; and
WHEREAS, Exhibit "A" hereof describes said budget amendment
and its resultant impacts to the budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment appropriating
expenditures and revenue in the amount of $6,700 in OAA grant
funds as more particularly described in Exhibit "A" attached
hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption
of the resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 17th day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Honorable City Council
September 17, 2003
Page 4
Resolution No. 2003-
EXHIBIT A
Budget Revision
A. Fund Allocation:
Fund No.
Fund Name
Amount
1000.5500
General Fund - OAA Grant
$6,700
$6,700
$6,700
B. Budget Appropriation:
BUDGET NUMBER
BUDGETED
REVISION
NEW BUDGET
1000.7610.0000.9208
$0
$6,700
$6,700
1000.3600
$45,300
$6,700
$52,000
Approved to Form: A
L
000092
ITEM 10- R-
City Coun'6 !ail et4?,g
€ f
ACT.
3- i
Moorpark City Council
Agenda Report
To: The Honorable City Council
From: Kenneth C. Gilbert, Director of Public Works
Date: September 4, 2003 (Council Meeting 9- 17 -03)
Subject: Consider Adding a Project for the Construction of Civic
Center Driveway Improvements [Project 8053] and Adopting
a Resolution Amending FY 2003/2004 Budget for Said
Purpose
DISCUSSION
A. Proposed New South Drivewa
It is proposed that certain improvements be constructed to
provide an "Exit Only" driveway extending southerly from the
Library parking lot to High Street (see Exhibit 1) . The
construction of this new driveway would improve safety and
convenience by allowing egress traffic from the Civic Center
to exit onto High Street and then proceed easterly to the
signalized intersection at High Street and Moorpark Avenue.
In an effort to limit costs, the concept is to use as much of
the existing pavement in the old Mobile Home Park as
possible.
B. Widen Driveway on Moorpark Avenue
It is also proposed that the main driveway on Moorpark Avenue
be widened to add a free right -turn lane (see Exhibit 2). The
current width of the driveway is thirty feet (30'). It will
be necessary to widen the driveway to forty -one feet (41').
The widening should occur to the south so that the through -
left lane remains "lined -up" with the eastbound lane of
Charles Street. The property south of the driveway is part of
the Library property. It will be necessary, therefore, to
seek approval from the County of Ventura.
Civic center driveway
000093
Civic Center Driveways
September 4, 2003
Page 2
C. Fiscal Impact
1. Project Cost Estimate: Based on the above described
changes, the revised estimated construction costs are as
follows:
............... _ .................... .......................... ...................................... _ ...................... ............ .......................................... .... ...._.._.......................... .........................................................
,
Description Amount ($)
Design 3,000
Construction 26,000
Inspection 1,000
Total 30,000
2. Resolution: Attached as Exhibit 2 is a Resolution
amending the FY 03/04 Budget to fund this new project. The
recommended funding source for this project is the General
Fund.
STAFF RECOMMENDATION (Roll Call Vote
Approve the Civic Center Driveway Improvement Project and adopt
Resolution No. 2003- amending the FY 03/04 Budget to provide
funding for this project.
Attachments:
Exhibit 1: Plan: South Driveway
Exhibit 2: Plan: Moorpark Avenue Driveway
Exhibit 3: Resolution
Civic center driveway
000094
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Exhibit 3
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
03/04 BUDGET TO APPROPRIATE FUNDS AND REVISE
THE BUDGET TO ADD PROJECT 8053: CIVIC CENTER
SOUTH DRIVEWAY [GENERAL FUND (FUND 1000)]
WHEREAS, on June 18, 2003, the City Council adopted the
Budget for Fiscal Year 2003/04; and
WHEREAS, a staff report has been presented to the City
Council requesting a budget increase in the aggregate amount of
$30,000; and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof,
describes said budget amendment and its resultant impacts to the
budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget amendment in the aggregate increase
of $30,000, as more particularly described in Exhibit "A ", is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 17th day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit 'A': Appropriation and Budget Detail
titi°
Resolution No. 2003
-
Exhibit "A"
Appropriations
& Budget
For Project
8053: Civic
Center
South Driveway
A. Fund Allocation
............... . .......... . . ............. . ....... . ....... .
. . . . ........................... . ----
. . .......... ............... . . . .................. . . ............... . . . ................ . . .................. . ......
Fund
............. . . .. . . . . ........................
....................
Number ------- . ........ ..................
Amount'
General Fund
...................
1000.8310.8053.5500
.. . ................ .. ................ ................ . .......... .. . . .
$ 30,000
.......
....................... . . . . ...................... . . .................. . ............... . - .............. . . . . ................
. . .. . ........................... . ........................................
. . .. . . .................................
. . ..................
$ 0
.. . ............................ .4-- .............. . . . . ............... . .. .................. . . .................... . .....................
. . . .... . .................... . . . . .. . ......... ....... . . ............... . . . ........ .. 4 ... . . . .................... .
. . . . . . .............................. .
. . .................... .................. ................
. . . . . . . ................ ............... . .... ... . . ............ ............
. . . . . . ..... . ............................. .......................
. . . . . ............ ... .................
Total
. . ................. . .............. . . ............. . ............. . ...............
$ 30,000
. . . . . . ................... ....................... .... .......
B. FY 03/04 Budget
Re-Cap
. . . ........... 4 .. . .............. . .............. . . . . ..........
. . . ...................... I ........... . ..
. . ........................ . . . . .................... . . . ................. . . . . .............. . . . .............. .... . .....
............... . . ......................................
....................................... .................
Current:
... . . .............
Subject':
Revised;
FY 03/04:
Appropriation:
FY 03/04:
Account Number
Bu4get;
(Reduction)
Bu!2get..
1000.8310.8053.xxxx
... . . . .... . ...........................
01
$ 30,000:
. .......... . . . ........... . .............. .
$ 30,000'
. . . . ......................... ..............................
.......... . . 4 .. . . .. ........................ . . . ............ . . . . .. ...........__._._........4.. - -- ................ ..
. . .. . .......
... . .... . i . ..
$
.
. ............. ..... - - - ------ 0
0
.................................. . . . ......... ........... . . ................. . . . ................. ................. . .. . . . ...............
. .. . . . . .......................... . . ................ I .... . ................. . .. ............. 44 . .............. 4 .. . . .........................
$ 0 -...................
0,000 1
........_$..........- _......._3 . .............. . . ......... . 44 . . .................
$ 30f 000
. . ......... ............ 4 .............. .............. 4 ..........
C. Distribution of
Appropriations to Expense Accounts
. ............... . . ............ . . ..............
. . . . ......... ............... .. . ......... 44 .............
. . . ........................... . . . . . .................. . .. . .................. . .............. .. . .. ....................... . . .. .
................. . . . . . .............................
...................................... 44 . . ................ r .............
Current':
. ....................
Subject'
Revised
FY 03/04
Appropriation,
FY 03/04i
;Account Number
�
Budget
(Reduction)
Budgetl
1000.8310.8053.9601:
Design 1
$ 0
3,000:
.......... . ............... . ..... . . ................
$ 3,000:
. . .. . ............... ..... . ....... . .......
... . .. . .................... 4 .. . .. . .............. 44.4 . . . ............... 44 . . .............. 4 . . . ......................
1000.8310.8053.9610:
. . .......................... .. . . ..........
R-O-W . ...........
. ... . ... --- - - - ----------- ......... ...
$ 0
. . .................. . .. . .................... . . . .............. . . . . ........... . . . .................. . ......................
1000.8310.8053.9640:
. . . ............. I .................. . ......
Const
. .................... ...........
........... ....... . . . ............ 26 ,--0,
26,000
............... ...... ............... . ....... . ..
... . . .. . ......................... . . . . ............. . . . ............... . . ............... - -- ................ .
1000.8310.8053.9650:
. . .......
1' risp. 1
$
. . ..................... . .. ............. . ................ i . .........
$ 000
000
............... . . . . ....................... . . . ................. . .................. . . ....... ... . . . ....................
total
. . . . . ... .....
Project; C,--E 1
$ 0
$ 30,000 . . .................
$ 30,000
. . ...............................................................
. . .................... . 4 . . . . . .................. 4 . . . ............... 4 .. . . ............... . . . . .............. . . . . ..
.................. . .. . . ...................
. . . . . . . ...................................
.................. . . . . . .............. . . .............. . . . ............. . ..............
Approved as to form:
CITY OF
of
By:
Moorpark City Council
Agenda Report
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: September 9, 2003 (Council Meeting 9- 17 -03)
SUBJECT: Flinn Avenue Driveways
BACKGROUND
&111
As you know, the City is currently constructing a project to
relocate Flinn Avenue to intersect Spring Road at Second Street.
On August 20 the City Council considered a report requesting
approval of a conceptual design for the final disposition of the
existing Flinn Avenue [herein "Old Flinn "]. The City Council
directed that the matter be referred to the Transportation and
Streets Committee [Coucilmembers Harper and Millhouse] for further
study.
DISCUSSION
A. Committee Review
On September 2 the Transportation and Streets Committee met
with Mr. Scribner, the owner of the property at the southeast
corner of Spring Road and the currently existing Flinn Avenue
[herein "Old Flinn "]. The Committee and Mr. Scribner discussed
a number of design options for the improvements necessary to
provide access to the properties on the south side of Old
Flinn. One of the options discussed was reconsideration of the
possible vacation of Old Flinn and the possible sale of
property north of the centerline of Old Flinn to Mr. Scribner.
It was mentioned that it could be very costly to develop and
record all of the utility easements required in order to vacate
the street. The Committee suggested that staff meet with Mr.
Scribner to discuss this option in more detail.
Flinn Alley3_0309
000099
Flinn Avenue Driveways
September 9, 2003
Page 2
B. Benefited Part
As previously mentioned by staff, it is not necessary to
vacate the Old Flinn right -of -way in order to provide for
final improvements, adequate access and protection for
existing underground utilities. If vacated, the City would
only realize the relatively minimal benefit of being relieved
of maintaining the landscaping, pavement and hardscape which
would be located within Old Flinn (which would remain a "paper
street ") . It would appear therefore, that the benefits to be
derived from pursuing the vacation of Old Flinn would
primarily accrue to Mr. Scribner. Vacating the street would
cause that portion of the street south of the centerline to be
relinquished to Mr. Scribner (and his neighbors to the east) .
This combined with the possible sale (by the City) of property
north of the center to Mr. Scribner, would provide to Mr.
Scribner an opportunity to possibly expand the footprint of
his building and otherwise construct modifications to the
expanded property to augment or enhance the existing
industrial use at this location. Accordingly, it was explained
to Mr. Scribner that, if this course were to be pursued, all
costs would have to be borne by Mr. Scribner.
C. Preliminary Scope of Required Efforts
The following underground utilities are located in Old Flinn:
• Water [County District]
• Sewer [County District]
• Telephone [SBC]
• Gas [So. Cal. Gas]
• Storm drains [City].
In order to vacate Old Flinn it would be necessary for Mr.
Scribner to retain an engineer to develop legal descriptions
and easement deeds for each of these utilities. It would also
be necessary for Mr. Scribner, or his agent, to contact each
of these utilities to develop the conditions and restrictions
attendant to each of those easements, which would restrict or
limit the use of the property affected by those easements. It
is anticipated that the engineering and administrative costs
associated with this effort could be considerable.
D. Meetinq with Mr. Scribner
Staff met with Mr. Scribner to discuss a number of options. Mr.
Scribner agreed that pursuing a street vacation would be too
costly. Another option considered was the construction of
improvements which would limit use and access of the frontage
improvements to the Scribner property. It was the view of staff
Flinn Alley3_0309
000100
Flinn Avenue Driveways
September 9, 2003
Page 3
that this could only be done if a License Agreement were
developed conveying the future use rights and maintenance
responsibilities to the owner of the Scribner property. Mr.
Scribner was not interested in that option. He said that the
City should proceed with its original access plan.
D. Recommended Design
Attached as Exhibit 1 - Page 1 is a plan showing the
recommended design for the south side access road. The design
intent would be to retain the existing improvements where
possible, narrow the street where shown and construct a cul -de-
sac at the west end of the road. The proposed width would be
reduced from 48' to 32'. Parking would be restricted to the
south side of the street. A second driveway would be
constructed for the properties to the east. Landscaping would
be installed where shown on the plan.
An alternate plan, attached as Exhibit 1 - Page 2, shows the
same concept leaving the street width at 48' and omitting the
parking restriction.
STAFF RECOMMENDATION
Approve the conceptual design for the Flinn Avenue south side
access road, as described on the plan attached as Exhibit 1 - Page
1, and authorize staff to proceed with design and construction of
these modifications.
Attachments:
Exhibit 1: Plans
Flinn Alley3_0309 000101
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MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 . T.
. " T n C, z
of
9-��-
TO: Honorable City Council
FROM: Cynthia L. Borchard, Administrative Services Director,
City Treasurer
DATE: September 8, 2003 (CC Meeting of September 17, 2003)
SUBJECT: CONSIDER RESOLUTION ADOPTING THE ANNUAL INVESTMENT
POLICY FOR THE CITY OF MOORPARK
SUMMARY
Effective January 1, 1996, State law requires the City Council
to annually review and adopt the City's Investment Policy at a
public meeting (Gov. Code § 53646). The requirement for an
annual Investment Policy update ensures consistency with respect
to current laws and allows the City Council to review portfolio
objectives.
DISCUSSION
Although the attached investment policy has been restructured
and updated in a few areas, it contains no substantial changes
from the previous policy. Some of the changes contain clearer
language; the addition of an index; update of all government
code references; improvements to the descriptions of authorized
investments; and enhancement to the glossary of terms.
The current policy meets the City's needs and is in compliance
with California Government Codes. The Budget and Finance
Committee (Mayor Hunter and Councilmember Harper) reviewed the
policy changes at their meeting on September 3, 2003. Staff
recommends the approval of this policy for fiscal year 2003 -04.
The City's and Redevelopment Agency's investment portfolio as of
6/30/03 (unaudited) consisted of the following:
000104
Investment
City
MRA
Total
LAIF
$39.8 Million
$12.1 Million
$51.9 Million
US Treasuries/
Agencies
$15.5 Million
$ 0.0 Million
$15.5 Million
Total
$55.3 Million
$12.1 Million
$67.4 Million
The City is limited to $40 million per the Local Agency
Investment Pool guidelines and so we will be exploring various
other investment options in addition to LAIF as authorized in
the attached policy.
STAFF RECOMMENDATION
Adopt Resolution No. 2003- establishing the City of
Moorpark's Investment Policy for fiscal year 2003 -04.
Attached: Resolution 2003-
000105
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING THE ANNUAL
STATEMENT OF INVESTMENT POLICY
WHEREAS, on September 17, 2003, the City Council reviewed
and adopted the City of Moorpark's annual investment policy; and
WHEREAS, a staff report has been presented to the Council
requesting adoption of the annual statement of investment
policy; and
WHEREAS, the investment policy describes the investment of
City funds in compliance with the Municipal Code and state law,
and, therefore, the investment policy is to be hereby submitted
to an oversight committee in compliance with state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The annual statement of investment policy
attached hereto as "Exhibit A" has been reviewed in a public
meeting and is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of
the resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 17th day of September 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: City of Moorpark Investment Policy
STATEMENT OF INVESTMENT POLICY
CITY OF MOORPARK
Submitted by: Cindy Borchard,
Administrative Services Director /City Treasurer
Approved September 17, 2003
000107
TABLE OF CONTENTS
Introduction.................. ..............................1
Policy........................ ..............................1
Scope......................... ..............................1
Pooled Investments ....... ..............................1
Investments Held Separately ............................1
Objectives.................... ..............................2
Safety................... ..............................2
Liquidity............. ............................... .2
Return on Investment ..... ..............................2
Duties and Responsibilities ... ..............................2
Prudence...................... ....... ••-- ...................3
Ethics and Conflicts of Interest ............................3
Authorized Investments ........ ..............................4
Collateralization ............. ..............................6
Unauthorized Investments /Investment Activity ................6
Investment Strategy ........... ..............................6
Diversification ............... ..............................7
Maximum Maturities ............ ..............................7
Selection of Financial Institutions and Brokers .............8
Purchase, Payment and Delivery ..............................8
Safekeeping and Custody ....... ..............................9
Performance Standard for Pooled Investments .................9
Reporting..................... ..............................9
Short Term Borrowing ........... .............................10
Short Term Loan ........... .............................10
Line of Credit ............ .............................10
Exceptions..................... .............................10
Internal Control ............... .............................11
Investment Policy Adoption ..... .............................11
Glossary....................... .............................12
rrr r;
CITY OF MOORPARK
STATEMENT OF INVESTMENT POLICY
Approved by City Council September 17, 2003
1.0 Introduction. The purpose of this document is to identify
various policies and procedures that enhance opportunities for
a prudent and systematic investment policy and to organize and
formalize investment - related activities of the City of
Moorpark, Moorpark Redevelopment Agency and Moorpark Public
Financing Authority. Related activities which comprise good
cash management include accurate cash projections, the
expeditious collection of revenue, the control of
disbursements, cost - effective banking relations, and arranging
for a short -term borrowing program which coordinates working
capital requirements and investment opportunities.
2.0 Policy. It is the policy of the City of Moorpark to
invest public funds not required for immediate day -to -day
operations in accordance with the principals of sound treasury
management and the provisions of California Government Code §
53600 et seq., the Municipal Code and this policy.
3.0 Scope. This policy applies to all investment activities
of the City of Moorpark, except for the proceeds of certain
debt issues that are invested and managed by trustees appointed
under indenture agreements.
3.1 Pooled Investments. Investments for the City and its
component units will be made on a pooled basis, including
the City of Moorpark, the Moorpark Redevelopment Agency,
and the Moorpark Public Financing Authority.
All pooled funds are accounted for in the Comprehensive
Annual Financial Report of the City of Moorpark. Funds
include the General Fund, Special Revenue Funds, Debt
Service Fund, Capital Projects Funds and Trust and Agency
Funds.
3.2 Investments held separately. Investments of bond
proceeds will be held separately when required by the bond
indentures or when necessary to meet arbitrage
regulations. If allowed by the bond indentures, or if the
arbitrage regulations do not apply, investments of bond
proceeds will be held as part of the pooled investments.
1
000109
4.0 Objectives. Section 53600.5 of the California Government
Code outlines the primary objectives of a trustee investing
public money. The primary objectives, in order of priority, of
the City's investment activities shall be:
4.1 Safety. Safety of principal is the foremost
objective of the investment program. Investments shall
be undertaken in a manner that seeks to ensure
preservation of capital in the overall portfolio.
4.2 Liquidity. The City's investment portfolio will
remain sufficiently liquid to enable the City to meet all
operating requirements which might be reasonably
anticipated.
4.3 Return on Investment. Investment return becomes a
consideration only after the basic requirements of safety
and liquidity have been met. The City shall attempt to
obtain an acceptable return provided that the requirements
of safety and liquidity are first met.
The City Treasurer shall strive to maintain the level of
investment of all contingency reserves and inactive funds
as close to 100% as possible. While the objectives of
safety and liquidity must first be met, it is recognized
that portfolio assets represent a potential source of
significant revenues. It is to the benefit of the City
that these assets be managed to produce optimum revenues,
consistent with state statutes and local ordinances.
5.0 Duties and Responsibilities. By Council Ordinance,
investment authority is delegated to the City Treasurer. No
person may engage in investment transactions unless directed by
the City Treasurer.
In the execution of this delegated authority, the City
Treasurer may establish accounts with well qualified,
financially sound financial institutions and /or brokers /dealers
for the purpose of completing investment transactions in
accordance with this policy. The criteria used to select
qualified financial institutions and broker /dealers are
identified in paragraph 14 of this policy.
The City Treasurer may designate in
Treasurer, who in the absence of the
assume the City Treasurer's duties and
K
writing a Deputy City
City Treasurer, will
responsibilities. The
000110
City Treasurer shall retain full responsibility for all
transactions undertaken under the terms of this policy.
The City Treasurer is required to annually render a statement
of investment policy to the City Council to be considered at a
public meeting. A copy of the investment policy shall be filed
with to the California Debt and Investment Advisory Commission.
The City Treasurer is required to submit the investment policy
to the Commission no later than 60 days after the close of the
second quarter of each calendar year and within 60 days of any
subsequent policy amendment.
The City Treasurer is required to submit quarterly investment
reports to the City Council and City Manager. The investment
report shall comply with the requirements of Gov. Code, §53646.
A copy of the City's second and fourth quarter investment
report shall be filed with the California Debt and Investment
Advisory Commission that is due within 60 days following the
close of the second and fourth quarter of each year.
6.0 Prudence. Section 53600.3 of the California Government
Code identifies those persons authorized to make investment
decisions on behalf of a local agency. As a trustee, the
standard of prudence to be used shall be the "prudent investor"
standard and shall be applied in the context of managing the
overall portfolio. Investments shall be made with judgment and
care —under circumstances then prevailing —which persons of
prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital aw
well as the probable income to be derived.
Investment officers acting in accordance with written
procedures and the investment policy and exercising due
diligence shall be relieved of personal responsibility for an
individual security's credit risk changes or market price
changes, provided deviations from expectations are reported in
a timely manner and appropriate action is taken to control
adverse developments.
7.0 Ethics and Conflicts of Interest. All participants in the
City's investment process shall seek to act responsibly as
custodians of the public trust. Officers and employees
involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of
the investment program, or which could impair their ability to
make impartial investment recommendations and decisions.
3
00011:1
Employees and investment officials shall make all disclosures
appropriate under the Fair Political Practices Act, and may
seek the advice of the City Attorney and the Fair Political
Practices Commission whenever there is a question concerning
personal financial or investment positions that could represent
potential conflicts of interest.
8.0 Authorized Investments.
8.1 Pooled Investments. The City Treasurer may invest
City funds in the following instruments as specified in
the California Government Code, Section 53601, subject to
the limitations set out in that section and as further
limited in this policy. Investments will be made only in
readily marketable securities actively traded in the
secondary market.
8.1.1 U.S. Treasury Bills, Notes and Bonds:
provided that the stated final maturity of such
security does not exceed five (5) years from the date
of purchase.
8.1.2 U.S. Government Federal Agency Issues:
Mortgage backed securities with a fixed coupon,
provided that the stated final maturity of such
security does not exceed five (5) years from the date
of purchase.
8.1.3 Time Certificates of Deposit, major Banks
or Savings & Loans: Deposits should not exceed five -
year maturity and shall be collateralized as
specified in paragraph 9.0 of this policy.
8.1.4 Negotiable Certificates of Deposit issued
by nationally or state - chartered bank. Purchases may
not exceed 30% of the portfolio and final maturity
may not exceed five (5) years from date of purchase.
8.1.5 Banker's Acceptances, Foreign /Domestic,
with a minimum rating of "Al" by Standard & Poors or
"Pl" by Moody's (prime) rating provided that the
acceptances are eligible for purchase by the Federal
Reserve System and the maturity does not exceed 180
days maturity or 40% of the total portfolio.
8.1.6 Commercial Paper: Short -term instruments
with fixed coupons, fixed maturity and no call
4 000112
provisions issued by corporations organized and
operating within the United States, with an "Al /P1"
(prime) rating or better. Purchases may not exceed
270 days maturity or 25% of the portfolio.
8.1.7 Medium -term Corporate Notes of a maximum of
five years until maturity issued by corporations
organized and operating within the United States and
rated in the "AAA" or "AA" categories of Moody's
Investment Services, Inc. and Standard and Poors
Corporation. Purchases may not exceed 30% of the
portfolio.
8.1.8 Repurchase Agreements with a maximum
maturity of one year. Repurchase Agreements will
only be with primary dealers of the Federal Reserve
Bank of New York, and who have long -term debt rated
in the "AAA" or "AA" categories of Moody's Investment
Services, Inc. or Standard and Poors Corporation.
Investments will be collateralized as specified in
paragraph 9.0 of this Investment Policy.
8.1.9 Money Market Mutual Funds whose portfolio
consists of one or more of the foregoing legal
investments. Purchases may not exceed 20% of the
portfolio and 90 days maturity.
8.1.10 County Pooled
accordance with the laws
those Funds and State law.
Investment Funds in
and regulations governing
8.1.11 State of California pooled "Local Agency
Investment Fund" in accordance with the laws and
regulations governing those Funds and State law.
8.1.12 Investment Trust of California, CalTRUST,
pool in accordance with the laws and regulations
governing those Funds and State law.
8.1.13 Insured deposits: Deposits not exceeding
$100,000, shall be permitted only in those financial
institutions that are active members of the Federal
Deposit Insurance Corporation (FDIC) and provided
that the final maturity does not exceed five (5)
years from date of purchase. The "Sweep" account for
the overnight investment of idle funds shall be
subject to this policy.
5 000113
8.2 Investments held separately. Investments of bond
funds will be made in conformance with the trust indenture
for each issue. Such investments will be held separately
when required.
9.0 Collateralization. Investments in time certificates of
deposit shall be fully insured up to $100,000 by the Federal
Deposit Insurance Corporation or the Federal Savings & Loan
Insurance Corporation, as appropriate. Investments in time
certificates of deposit in excess of $100,000 shall be properly
collateralized. Section 53652 of the California Government
Code requires that the depository pledge securities with a
market value of at least 10% in excess of the City's deposit as
collateral in government securities, and 50% in excess of the
deposit as collateral in mortgage pools. Section 53649 of the
California Government Code specifies that the City Treasurer is
responsible for entering into deposit contracts with each
depository.
Investments in repurchase
agreements
must also
be
collateralized. In order to
anticipate
market changes
and
provide a level of security for
all funds,
the
collateralization level will
be 102% of
market value
of
principal and accrued interest.
10.0 Unauthorized Investments /Investment Activities. Section
53601.6 of the California Government Code disallows the
following investments acquired after January 1, 1996: inverse
floaters, range notes, or interest -only strips that are derived
from a pool of mortgages.
10.1 No investment will be made that has either (1) an
embedded option or characteristic which could result in a
loss of principal if the investment is held to maturity,
or (2) an embedded option or characteristic which could
seriously limit accrual rates or which could result in
zero accrual periods.
10.2 No investment will be made that could cause the
portfolio to be leveraged.
11.0 Investment Strategy.
11.1 Pooled Investments. A buy and hold strategy will
generally be followed; that is, pooled investments once
made will usually be held until maturity. A buy and hold
strategy will result in unrealized gains or losses as
6 000114
market interest rates fall or rise from the coupon rate of
the investment. Unrealized gains or losses, however, will
diminish as the maturity dates of the investments are
approached or as market interest rates move closer to the
coupon rate of the investment. A buy and hold strategy
requires that the portfolio be kept sufficiently liquid to
preclude the undesirable sale of investments prior to
maturity. Occasionally, the City Treasurer may find it
advantageous to sell an investment prior to maturity, but
this should be only on an exception basis and only when it
is clearly favorable to do so.
11.2 Investments held separately. Investments held
separately for bond proceeds will follow the trust
indenture for each issue.
12.0 Diversification. To the extent feasible the portfolio
will be diversified to avoid incurring unreasonable and
avoidable risks regarding specific security types or individual
financial institutions. In addition to the limitations on
specific security types indicated in paragraph 8.0 of this
Investment Policy, and with the exception of U.S.
Treasury /Federal agency securities and authorized pools, no
more than five percent (5 %) of the City's portfolio will be
placed with a single issuer.
13.0 Maximum Maturities.
13.1 Pooled Investments. A policy of laddered maturities
will be followed for pooled investments. The following
maturity requirements will apply as of the month end of
each reporting period.
13.1.1 At least fifty percent (50 %) of the
portfolio shall mature within one year from the date
of purchase. No more than twenty -five percent (25%)
of the entire portfolio may have a maturity date
between three (3) and five (5) years from the
purchase date. Investments with a maturity greater
than five (5) years will not be made. The average
portfolio investment maturity shall be three (3)
years or less. A dollar- weighted average will be
used in computing the average maturity of the
portfolio.
13.1.2 Callable investments will be recorded at
their maturity dates.
7 000115
13.2 Investments Held Separately. Maturities for
investments held separately will conform with the trust
indenture for each issue.
14.0 Selection of Financial Institutions and Broker /Dealers.
Investments shall be purchased only through well established,
financially sound institutions. The City Treasurer shall
maintain a list of financial institutions and broker /dealers
approved for investment. All financial institutions and
broker /dealers who desire to become qualified bidders for
investment transactions will be given a copy of the City's
Investment Policy, and a return cover letter which must be
signed indicating that the investment policy has been read and
understood. Qualified financial institutions and
broker /dealers must supply the City Treasurer with the
following:
14.1 Financial Institutions.
• Current audited financial statements.
• Depository contracts, as appropriate.
• A copy of the latest FDIC call report or the latest
FHLBB report, as appropriate.
• Proof that commercial banks, savings banks, or
savings and loan associations are state or federally
chartered.
14.2 Broker /Dealers.
• Current audited financial statements.
• Proof that brokerage firms are members in good
standing of a national securities exchange.
Commercial banks, savings banks, and savings and loan
associations must maintain a minimum net worth to asset ratio
of 3% (total regulatory net worth divided by total assets), and
must have had a positive net earnings for the last reporting
period.
15.0 Purchase, Payment, and Delivery. A competitive bid
process, when practical, will be used to place all investment
transactions. When two or more investment opportunities offer
essentially the same maturity, liquidity, yield, and quality,
priority will be given first to the financial institutions
based in the City of Moorpark, and second to other financial
institutions in the State of California.
8
000116
Purchases on margin will not be made. Payment for securities
will be done on a Delivery Versus Payment (DVP) basis via the
City's custodian. Delivery of securities will be made to the
City in accordance with the third party custodial agreement.
16.0 Safekeeping and Custody. All security transactions,
including collateral for repurchase agreements, entered into by
the City shall be conducted on a delivery -vs. - payment basis.
All securities owned by the City will be held by a third -party
custodian designated by the City Treasurer and evidenced by a
monthly statement from the custodian. Collateral for time
deposits in savings and loans will be held by the Federal Home
Loan Bank of an approved Agent of Depository. Collateral for
time deposits in banks will be held in the City's name in the
bank's Trust Department or in the Federal Reserve Bank.
17.0 Performance Standard for Pooled Investments. Laddered
maturities and a buy and hold strategy for pooled investments
will cause the investment portfolio to attain a market - average
rate of return throughout budgetary and economic cycles,
commensurate with the investment risk constraints and the cash
flow needs. The rate of return of the investment portfolio
will be based on the maturity value of the investments. A
dollar - weighted average of yields to maturity will be used in
calculating the rate of return of the entire portfolio.
18.0 Reporting. Sections 53607 and 53646 of the California
Government Code require reports of investments and transactions
to the City Council, City Manager, and internal auditor.
18.1 Pooled Investments. The investment report shall be
submitted quarterly by the City Treasurer within 30 days
following the end of the quarter covered by the report.
The quarterly report shall include the following elements:
• Itemized listing of portfolio investments by type,
date of maturity, and issuer.
• Par value, dollar amount invested, amortized cost,
and current market value as of the date of the report
will be given for the total of all securities,
investments, and moneys held by the City and its
component units. The source of the market values will
be cited.
• Accrued income.
• Investment transactions for the reporting period.
9
000117
• Statement that the investment portfolio has the
ability to meet the City's cash flow demands for the
next six (6) months.
• Statement of compliance of the portfolio with the
City's Investment Policy. When applicable, any
material exceptions will be noted.
18.2 Investments Held Separately. A report of investments
held separately shall be made quarterly within 30 days
following the end of the quarter submitted as an exhibit
in the City Treasurer's quarterly report. The quarterly
report shall contain the information required by Section
53646 when available.
19.0 Short -term Borrowing. The City is permitted by law to
borrow money to meet current short -term cash flow needs. These
needs may arise either because projected cash disbursements
exceed projected cash receipts, or because the City's cash
accounts may be temporarily overdrawn due to the efforts to
invest 100% of inactive funds at all times. To provide for
these contingencies the City Treasurer is authorized to take
the following actions:
19.1 Short -term Loan. When there is a shortfall between
projected cash revenues and projected cash disbursements,
the City Treasurer will secure a loan in the amount that
would equal the cash deficit plus projected cash
disbursements for one month. Any such loan will be repaid
within one year.
19.2 Line of Credit. The City Treasurer may maintain a
line of credit with the City's bank in an amount to cover
sums temporarily overdrawn because of efforts to invest
all inactive funds at all times.
20.0 Exceptions. Occasionally, exceptions to some of the
requirements specified in this Investment Policy may occur for
pooled investments because of events subsequent to the purchase
of investment instruments, e.g. the rating of a corporate note
held in the portfolio is downgraded below an "AA" rating, or
total assets in the portfolio decline causing the percentage
invested in corporate notes to rise above 30 %.
State law is silent as to how exceptions should be corrected.
Exceptions may be temporary or more lasting; they may be self
correcting or require specific action. If specific action is
required, the City Treasurer should determine the course of
10 000118
action that would correct exceptions to move the portfolio into
compliance with State and City requirements. Decisions to
correct exceptions should not expose the assets of the
portfolio to undue risk, and should not impair the meeting of
financial obligations as they fall due. Any subsequent
investments should not extend existing exceptions.
21.0 Internal Control. The City Treasurer shall establish an
annual process of independent review by an external auditor.
This review will provide internal control by assuring
compliance with policies and procedures.
22.0 Investment Policy Adoption. California Government Code §
53646(a) requires the City Treasurer to render to the City
Council a statement of investment policy no less frequently
than once a year for adoption. The City's investment policy and
any modifications thereto shall be considered at a public
meeting. Adoption shall be made by resolution of the City
Council.
11
000119
INVESTMENT POLICY
GLOSSARY
Amortized Cost: The cost of investments adjusted for amortized
premiums and discounts. Amortized cost is used to maintain
comparability with market value.
Arbitrage Regulation: The law to control the use of profit
making by purchasing securities on one market for immediate
resale on another in order to profit from a price difference.
Asked: The price at which securities are offered.
Bankers' Acceptances (BA) : A time draft of invested funds that
have been drawn on and accepted for repayment by a bank. By
accepting the draft (investment of City funds), the bank is
liable for the payment at maturity. The credit worthiness of
Bankers' Acceptances is enhanced because they are secured by
the issuing bank, the goods themselves, and the importer. This
financial instrument is short -term, not more than 270 days and
is sold on a discounted basis. Not more than 30% of the City's
portfolio may be placed with any one bank.
Bear Market: A period of generally pessimistic attitudes and
declining market prices.
Bid: The price offered for securities.
Bond: An interest - bearing security issued by a corporation,
government, governmental agency or other body, which can be
executed through a bank or trust company. A bond is a form of
debt with an interest rate, maturity, and face value, and is
usually secured by specific assets. Most bonds have a maturity
of greater than one year, and generally pay interest
semiannually.
Bond Indenture: Written agreement specifying the terms and
conditions for issuing bonds, including; the form of the bond,
the maturity date and payment schedule with interest rate, call
provisions and protective covenants, if any, collateral
pledged, and other terms. Obligations of the bond issuer are
identified as well as the trustee's responsibility for ensuring
that interest payments are made to registered bondholders.
Bond Rating: The classification of a bond's investment
quality.
12
000120
Bookvalue: A term synonymous with amortized cost
Broker: A broker brings buyers and sellers together for a
commission paid by the initiator of the transaction or by both
sides; a broker does not position. In the money market, brokers
are active in markets, in which banks buy and sell money, and
in inter - dealer markets.
Bull Market: A period of generally optimistic attitudes and
increasing market prices.
Buy and Hold: Management strategy in which the intent is to
hold each security until maturity.
Certificate of Deposit (CD): A time deposit with a specific
maturity and interest rate evidenced by a certificate.
Maturities range from a few weeks to several years. Interest
rates are set by competitive forces in the marketplace. There
is a penalty for early withdrawal. CD's in large denominations
are typically negotiable.
Collateral ization: Refers to securities pledged by a bank to
secure deposits of public monies. Also refers to evidence of
deposit or other property that a borrower pledges to secure
repayment of a loan.
Commercial Book - Entry: The commercial book -entry system is
operated by the Federal Reserve Banks in their capacity as
fiscal agents of the Treasury. Investors who maintain their
securities in this system generally have purchased their
securities through a financial institution or a government
securities broker or dealer. These securities are recorded in
the commercial book -entry system as book -entry issues held for
the account of a depository institution. The depository
institution (e.g., bank, brokerage firm or securities clearance
organization) maintains records identifying the owners of
securities held in its account in the system.
Commercial Paper: A short -term IOU, or unsecured money market
obligation, issued by prime rated commercial firms and
financial companies, with maturities from two (2) days up to
270 days. A promissory note of the issuer used to finance
current obligations, and is a negotiable instrument. The notes
are in bearer form starting at $100,000. State law limits the
City to investments in United States corporations having assets
in excess of five hundred million dollars with an "A" or higher
rating.
13
000121
Commission: The broker's or agent's fee for purchasing or
selling securities for a client.
Coupon: The annual rate of interest that a bond's issuer
promises to pay the bondholder on the bond's face value or a
certificate attached to a bond evidencing interest due on a
payment date.
Dealer: A dealer, as opposed to a broker, acts as a principal
in all transactions, buying and selling for their own account.
Debenture: A bond secured only by the general credit of the
issuer.
Delivery Versus Payment: There are two methods of delivery of
securities: "delivery versus payment" and "delivery versus
receipt" (also called free). Delivery versus payment is
delivery of securities with an exchange of money for the
securities indicating payment is due when the buyer has
securities in hand or in book entry.
Discount: The difference between the cost price of a security
and its value at maturity when quoted at lower than face value.
A security selling below original offering price shortly after
sale also is considered to be a discount.
Discount Securities: Non - interest bearing money market
instruments that are issued at a discount and redeemed at
maturity for full face value, e.g., U.S. Treasury bills.
Diversification: Dividing investment funds among a variety of
securities offering independent returns.
Embedded Option: A statement within the bond structure that
would alter the interest rate earned by the bond.
Federal Credit Agencies: Agencies of the Federal
government set up to supply credit to various classes of
institutions and individuals, e.g., small business firms,
farmers, farm cooperatives, and exporters. These are securities
such as the Federal National Mortgage Association (Fannie Mae),
Federal Home Loan Mortgage Corporation (Freddie Mac) , Federal
Farm Credit Bureau (FFCB), Government National Mortgage
Association (GNMA) and the Small Business Administration (SBA).
14
000JL22
Federal Funds Rate: The rate of interest at which FED funds are
traded. This rate is currently pegged by the Federal Reserve
through open market operations.
Federal Open Market Committee: Consists of seven members of the
Federal Reserve Board and five of the twelve Federal Reserve
Bank Presidents. The President of the New York Federal Reserve
Bank is a permanent member while the other Presidents serve on
a rotating basis. The Committee periodically meets to set
Federal Reserve Guidelines regarding purchases and sales of
Government Securities in the open market as a means of
influencing the volume of bank credit and money.
Federal Reserve System: The central bank of the United States
created by Congress and consisting of a seven member Board of
Governors in Washington, D.C., twelve Regional Banks and about
5,700 commercial banks that are members of the system.
Federal Deposit Insurance Corporation (FDIC) : A federal agency
that insures bank deposits, currently up to $100,000 per
deposit.
Federal Home Loan Banks (FHLB) : The institutions that regulate
and lend to savings and loan associations. The Federal Home
Loan Banks play a role analogous to that played by the Federal
Reserve Banks vis -a -vis member commercial banks.
Fiscal Year: An accounting or tax period comprising any twelve
month period. The City's fiscal year begins on July 1.
Interest -Only Strips: Mortgage backed instrument where
investor receives only the interest, no principal, from a pool
of mortgages. Issues are highly interest rate sensitive. Cash
flows vary between interest periods. As well, the maturity
date may occur earlier than that stated if all loans within the
pool are pre -paid. High prepayments on underlying mortgages
can return less to the holder than the dollar amount invested.
Inverse Floater: A bond or note that does not earn a fixed
rate of interest. Rather, the interest rate that is earned is
tied to a specific interest -rate index identified in the
bond /note structure. The interest rate earned by the bond /note
will move in the opposite direction of the index, e.g. if
market interest rates as measured by the selected index rises,
the interest rate earned by the bond /note will decline. An
inverse floater increases the market rate risk and modified
duration of the investment.
15
000123
Laddered Portfolio: Bond investment portfolio with securities
in each maturity range (e.g. monthly) over a specified period
of time (e.g. five years) .
Leverage: Investing with borrowed money with the exception that
the interest earned on the investment will exceed the interest
paid on the borrowed money.
Liquidity: A liquid asset is one that can be converted
easily and rapidly into cash without a substantial loss of
value. In the money market, a security is said to be liquid if
the spread between bid and asked price is narrow and reasonable
size can be done at those quotes.
Local Agency Investment Fund (LAIF) : The aggregate of all funds
from political subdivisions of the State of California that are
placed in the custody of the State Treasurer for investment and
reinvestment. This is a voluntary investment program offering
agencies the opportunity to participate in a major portfolio
which daily invests hundreds of millions of dollars and using
the investment expertise of the State Treasurer's Office
investment staff, at no additional cost to the taxpayer.
Investment in LAIF, considered a short -term investment, is
readily available for cash withdrawal on a daily basis.
Market Risk: The risk that market interest rates will rise
causing a loss of value in investments held. All investments
made by the City involve a degree of market risk. See also
"Unrealized Gains (Losses) .
Market Value: The price at which a security is trading and
could presumably be purchased or sold.
Maturity: The date upon which the principal or stated value of
an investment becomes due and payable.
Medium Term Corporate Notes: Corporate notes issued with fixed
coupons and maturity. A promissory note of the issuer used to
finance current obligations, which is a negotiable instrument.
Modified Duration: A measure of the sensitivity that the value
of a fixed - income security has to changes in market rates of
interest. Modified duration is the best single measure of a
portfolio's or security's exposure to market risk. Modified
duration identifies the potential gain /loss in value before the
gain /loss actually occurs. It is a prospective measurement,
16
000124
e.g., a modified duration of 1.5 indicates that when and if a
1% change in market interest rates occurs, a 1.5% change in the
value of a security will result. Investments with modified
durations of one to three are considered to be relatively
conservative.
Money Market: The market in which short -term debt instruments
(bills, commercial paper, bankers' acceptances, etc) are issued
and traded.
Negotiable Certificates of Deposit (NCD) : Although technically
a deposit, it is a short -term note, which earns the depositor a
competitive rate of return. Negotiable certificates of deposit
were developed so large deposits ($100,000 or more) could be
made at a competitive interest rate with some liquidity.
Nominee Name: Registered owner of a stock or bond if different
from the beneficial owner, who acts as holder of record for
securities and other assets. Typically, this arrangement is
done to facilitate the transfer of securities when it is
inconvenient to obtain the signature of the real owner, or the
actual owner may not wish to be identified. Nominee ownership
simplifies the registration and transfer of securities.
Offer: The price asked by the seller of securities. When buying
securities you ask for an offer. See Asked and Bid.
Open Market Operations: Purchases and sales of government and
certain other securities by the New York Federal Reserve Bank
as directed by the Federal Open Market Committee in order to
influence the volume of money and credit in the economy.
Purchases inject reserves into the bank system and stimulate
growth of money and credit; sales have the opposite effect.
Open market operations are the Federal Reserve's most important
and most flexible monetary policy tool.
Pooled Investments: Resources grouped for advantage of the
participants.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government security dealers that
submit daily reports of market activity and positions and
monthly financial statements to the Federal Reserve Bank of New
York and are subject to its informal oversight. Primary dealers
include Securities and Exchange Commission (SEC) registered
securities broker - dealers, banks, and a few unregulated firms.
17
000JL25
Principal: The face or par value of an instrument.
Prudent Person Rule: An investment standard. In some states the
law requires that a fiduciary, such as a trustee, may invest
money only in a legal list of securities selected by the state.
In other states, the trustee may invest in a security if it is
one, which would be bought by a prudent person of discretion
and intelligence who is seeking a reasonable income and
preservation of capital.
Qualified Public Depositories: A financial institution that has
been approved by the Public Deposit Protection Commission to
hold public deposits. These financial institutions do not claim
exemption from the payment of any sales, compensating use or ad
valorem taxes under State laws, and which has segregated, for
the benefit of the Commission, eligible collateral having a
value of not less than its maximum liability.
Range Note: Investment whose coupon payment varies (e.g.
either 7% or 3 %) and is dependent on whether the current
benchmark (e.g. 30 year Treasury) falls within a pre- determined
range (e.g. between 6.75% and 7.25 %).
Rate of Return: The yield obtainable on a security based on its
purchase price or its current market price. This may be the
amortized yield to maturity on a bond or the current income
return.
Rating: The designation used by investors' services to rate
the quality of a security's creditworthiness. Moody's ratings
range from the highest Aaa, down through Aa, A, Bbb, Ba, B,
etc. while Standard and Poor's rating range from the highest
AAA, down through AA, A, BBB, BB, B, etc.
Refinancing: Rolling over the principal on securities that
have reached maturity or replacing them with the sale of new
issues. The object may be to save interest costs or to extend
the maturity of the loan.
Repurchase Agreement: A transaction where the seller (bank)
agrees to buy back from the buyer (City) the securities at an
agreed upon price after a stated period of time.
Reverse Repurchase Agreement: A transaction where the seller
(City) agrees to buy back from the buyer (bank) the securities
at an agreed upon price after a stated period of time.
18 000126
Safekeeping: A service to customers rendered by banks for a fee
whereby securities and valuables of all types and descriptions
are held in the bank's vaults for protection. See Third Party
Custodian.
Secondary Market: A market made for the purchase and sale of
outstanding issues following the initial distribution.
Securities and Exchange Coxunission (SEC) : Agency created by
Congress to protect investor's transactions by administering
securities legislation.
SEC Rule 15C3 -1: See uniform net capital rule.
Spread: The difference between two figures or percentages.
For example, it may be the difference between the bid and asked
prices of a quote, or between the amount paid when bought and
the amount received when sold.
Structured Notes: Notes issued by Government sponsored
enterprises and corporations which have imbedded options in
their debt structure (e.g., call features, step -up coupons,
floating rate coupons and derivative -based returns). Their
market performance is impacted by the fluctuation of interest
rates, the volatility of the imbedded options and shifts in the
yield curve. This includes securities from the Federal National
Mortgage Association (FNMA) , Federal Home Loan Bank (FHLB) and
the Student Loan Marketing Association (SLMA).
Sweep Account: Short -term income account into which all
uninvested cash balances from the non - interest bearing checking
account are automatically transferred on a daily basis. The
sweep is used in conjunction with "zero balance" accounts to
maximize investment of idle cash.
Third -Party Custodian: Corporate agent, usually a commercial
bank, who, acting as trustee, holds securities under a written
agreement for a corporate client and buys and sells securities
when instructed. Custody services include securities
safekeeping, and collection of dividends and interest. The bank
acts only as a transfer agent and makes no buy or sell
recommendations.
Treasury Bills: A short -term non - interest bearing security that
matures in one year or less and are issued by the U.S. Treasury
to finance the national debt. Bills (commonly known as "T"
19 000127
bills) are sold at a discount (a price less than par (face)
value) and are paid at par value at maturity. They do not pay
interest before maturity. Return is the difference between par
and discount price.
Treasury Bonds: Long -term coupon bearing U.S. Treasury
securities issued as direct obligations of the U.S. Government
and having initial maturities of more than ten years. The bonds
pay a fixed rate of interest every six months.
Treasury Notes: Medium term coupon bearing U.S. Treasury
securities issued as direct obligations of the U.S. Government.
Treasury notes mature in two, five or ten years. The notes pay
a fixed rate of interest every six months.
Trustee: A bank designated as the custodian of funds and the
official representative for bondholders.
Underwriter: A dealer bank or financial institution which
arranges for the sale and distribution of a large batch of
securities and assumes the responsibility for paying the net
purchase price.
Uniform Net Capital Rule: Securities and Exchange Commission
requirement that member firms, as well as non - member
broker /dealers in securities, maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1: also called net
capital ratio. Indebtedness covers all money owed to a. firm,
including margin loans and commitments to purchase securities,
and is one reason new public issues are spread among members of
underwriting syndicates. Liquid capital includes cash and
assets easily converted into cash.
Unrealized Gains (Losses): Increases (decreases) in the value
of investments representing the difference between the
amortized cost of the investments and their current market
value. Increases (decreases) in value are caused primarily by
changes in market interest rates subsequent to purchasing the
investments. Increases (decreases) in value indicate two (2)
things: 1. The portfolio has a potential gain (loss) in
principal if the securities are sold, and 2. The portfolio is
overperforming (underperforming) the current market for similar
investments. An increase in value indicates the portfolio is
earning relatively more interest than current market
conditions, and a decrease in value indicates that the
portfolio is earning relatively less interest than current
market conditions.
20 U®0J.28
U.S. Government Agencies: Instruments issued by various U.S.
Government Agencies most of which are secured only by the
credit worthiness of the particular agency.
Yield: The rate of annual return on an investment expressed as
a percentage. Income yield is calculated by dividing the
current dollar income by the current market price for the
security. Net yield, or yield to maturity, is the current
income minus any premium or plus any discount from par on
purchase price, with the adjustment amortized over the period
from the date of purchase to the date of maturity of the
instrument.
Zero Accrual Periods: A period of time in which an investment
accumulates no interest.
21 000JL29
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 • K-
To: The Honorable City Council
From: Kenneth Gilbert, Director of Public Works
Date: September 4, 2003 (Council Meeting of 9- 17 -03)
SUBJECT: A Resolution Designating the Intersection of E. Amherst
Street and N. Columbia Avenue to be a Stop Intersection
and Directing the Placement of STOP signs at All
Entrances Thereto
DISCUSSION
A. Petition
Michael Navarro, a resident on E. Amherst Street, provided a
petition to the City [Exhibit 11 requesting the installation
of a ''three-way'' STOP at the subject intersection. The
matter was referred to the Transportation and Streets
Committee [Councilmembers Millhouse and Harper] for
consideration. A map showing the existing STOP signs in the
neighborhood is attached at Exhibit 2.
B. Transportation and Streets Committee Initial Review
Last March the Transportation and Streets Committee met with
residents of the E. Amherst neighborhood to discuss traffic
issues on that street. The residents expressed concern about
excessive speed. In response, the following actions were
taken:
• additional 25 MPH signs were installed;
• increased traffic enforcement was undertaken.
C. Reconsideration by the Committee
The matter was reconsidered by the Committee on September 2.
After discussing options, the Committee recommended that the
City Council approve the installation of the subject three -
way STOP.
Stop_0209c 000130
Stop: E. Amherst Street / N. Columbia Avenue
September 4, 2003
Page 2
D. Use of STOP Signs
As discussed in prior reports to the City Council, the purpose
of a STOP sign is to resolve issues of "right -of -way" at an
intersection. STOP signs should not be used for "speed
control ". Attached as Exhibit 3 is a hand -out summarizing the
proper uses for a STOP sign.
Good Traffic Engineering practices would restrict the
installation of STOP signs to those intersections where one of
the Caltrans' STOP Sign Warrants have been met (see Exhibit
4). Such "warrants" usually relate to high traffic volumes or
accident history. In such cases, when certain thresholds are
exceeded, a STOP sign is "warranted ".
It is the opinion of staff that a Stop Sign Warrant Study
prepared for the subject intersection would conclude that none
of the STOP Sign Warrants would be met at this intersection.
Consistent with prior discussions on these matter, staff does
not recommend the installation of "unwarranted" STOP signs.
RECOMMENDATION
It is the recommendation of the Transportation
Committee that the City Council adopt the subject
designating the intersection of E. Amherst Street and
Avenue a Three -Way Stop.
Attachments
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
stop_amherst
Petition
Map of the Neighborhood
STOP Sign Handout
STOP Sign Warrants
Resolution
and Streets
Resolution
N. Columbia
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T:1CA1 CS ce 3 8TOP
cSIGNeS
WHY DON'T THEY PUT IN MORE STOP SIGNS?
A stop sign is one of our most valuable and effective control devices when used at the
right place and under the right conditions. It is intended to help drivers and pedestrians at
an intersection decide who has the right -of -way.
_ One - common misuse of s -top signs is to arbdtrari(y fntrrupL through- traffic, either by it to stop, or by causing such an inconvenience as to force the traffic to use other
routes. Where stop signs are installed as "nuisances" or . "speed_ breakers," there is a high
tnei dence_ of intentional violation. In those - locations = where vehicles do stop, the speed
reduction is effective only in the immediate vicinity of the stop sign,' and frequently
speeds are actually higher between intersections. Forth
ese reasons, it should not be used
_as-a speed control device. -
A school crossing may look dangerous for children_ to= use, causing parents to demand a
stop sign to halt traffic. Now a vehicle which had been a problem for 3 seconds while
_ approaching and passing the intersection becomes -a problem for a much longer period.
_A - 00ation of indecision is created as to when -to. cr4s _as -a pedestrian or when to start as
a- motorist. Normal gaps in traffic through which crossings could be made safely no longer
exist_ Vin- Intersection which previously was not-busy nawloo.ks like a major intersection.
1 =t �eafty_isn't - it just looks like it-. It doesn't even fook -safer arid- it usually isn't.
Most drivers are reasonable and prudent with no intention of maliciously violating traffic
regulations; however, when an unreasonable restriction is imposed, it may result in
,flagrani violations. In such cases, the stop - sign can I create - a-false sense of security in a
;per7estri n
-a- d an attitude of contempt in a mot&in Tfi__ese -_two attitudes can and often
do conflict with tragic results. - -
_Well..developed, nationally recognized guidelines help -to- indicate when such controls
become necessary. These guidelines take into consideration, among other things, the
probability of vehicic: :,-riving at an intersection at the same time, the length of time
traffic must wait to enter, and the availability of safe crossing opportunities.
40;
29
000135
, -faffic Manual _ SIGNS
4-37
3 -1987
X2- -tg-i i 4-
POLICY
R1
Standard 30"
Stop Signs and Yield Signs
• Stop Signs
The STOP sign (R1) -shall be used where traffic
is required to stop except at signalized intersections.
The STOP sign shall be an octagon with white mes-
sage and border on a red background. The standard
size shall be 30 x 30 inches. Where greater emphasis
or visibility is required, a larger size is recommended.
On local streets and secondary roads with low ap-
proach speeds and low volume, a 24'x 24 inch size
may be used.
R1 -3
At a multiway stop intersection, a supplemental plate
(111 -3 or R1 -4) should be mounted just below each
Standard 12" x 6" STOP sign.
R1 -4 The numeral on the supplementary plate shall corres-
pond to the number of approach legs, or the legend
+ ALL -WAY (111-4) may be used. The plate shall have
Standard 18" x 6" white letters on a red background.
A red flashing beacon or beacons may be used in
conjunction with a STOP sign. See Section 9 -08
(Flashng Beacons).
Secondary messages shall not be used on STOP sign
faces.
• Warrants for STOP Signs
Because the STOP sign causes a substantial incon-
venience to motorists, it should be used only where
warranted. A STOP sign may be warranted at an inter-
section where one or more of the following con-
ditions exist:
1. On the less important road at its intersection with
a main road where application of the normal right
of way - ruleis unduly hazardous as evidenced by
accidents susceptible to correction by STOP
signs.
2. On a county road or city street at its intersection
with a state highway.
3. At the intersection of two main highways. The
highway traffic to be stopped depends on ap-
proach speeds, volumes, and turning movements.
4. On a street entering a legally established through
highway or street.
5. On a minor street where the safe approach speed
to the intersection is less than 10 miles per hour.
6. At an unsignalized intersection in a signal-
ized area.
7. At other intersections where a combination of high
speed, restricted view, and accident record indi-
cates a need for control by the STOP sign.
a' l : .
SIGNS
Traffic Manual
POLICY
A STOP sign is not a "cure-alls' and Is not a substitute
for other traffic control devices. Many times the need
for a STOP sign can be eliminated if the sight distance
_ is increased by removing the obstructions.
STOP signs shall not be erected at any entrance to an
intersection when such entrance is controlled by an
official traffic control signal, nor at any railroad grade
crossing which is controlled by automatic signals,
gates, or other train - actuated control devices except
as provided in CVC 21355, Stop Signs. The conflicting
commands of two types of control devices are con-
fusing. If traffic is required to stop when the operation
of the stop- and -go signals is not warranted, the signals
should be put on flashing operation with the red flashing
light facing the traffic that must stop.
Where two main highways intersect, the STOP sign or
signs should normally be posted on the minor street to
stop the lesser flow of traffic. Traffic engineering studies,
however, may justify a decision to install a STOP sign or
signs on the major street, as at a three -way intersection
where safety considerations may justify stopping the
greater flow of traffic to permit a left turning movement.
STOP signs should not be installed indiscriminately at
all unprotected railroad crossings. The allowance of
STOP signs at all such crossings would eventually breed
contempt for both law enforcement, and obedience to
the sign's command to stop. STOP signs may only be
used at selected rail/highway grade crossings after
their need has been determined by a traffic engineering
study. Such _study should consider approach speeds,
sight distance restrictions, volumes, accident records,
etc. This application of STOP signs should be an interim
use period during which plans for lights, gates or other
means of control are being prepared.
Portable or part-time STOP signs shall not be used except
for emergency purposes. Also, STOP signs should not be
used for speed control.
0 Muitiway STOP signs
The "Muitiway Stop" installation may be useful at some
locations. it should ordinarily be used only where
the volume of traffic on the intersecting roads is approx-
imately equal. A traffic control signal Is more satisfactory
for an intersection with a heavy volume of traffic.
{0013'7
i
'Traffic Manual SIGNS
4-39
3 -1987
POLICY
Any of the following conditions may warrant a multi.
way STOP sign installation:
I. Where traffic signals-are warranted and urgently
needed, the multiway stop may be an interim
measure that can be installed quickly to control
traffic while arrangements are being made for
the signal installations.
2. An accident problem, as indicated by five or more
reported accidents within a 12 month period of
a type susceptible to correction by a multiway
stop installation. Such accidents include right-
and left turn collisions as well as right -angle
collisions.
3. Minimum traffic volumes
(a) The total vehicular volume entering the inter-
section from all approaches must average at
least 500 vehicles per hour for any 8 hours of
an average day, and
(b) The combined vehicular and pedestrian
volume from the minor street or highway must
average at least 200 units per hour for the
same 8 hours, with an average delay to minor
street vehicular traffic of at least 30 seconds
per vehicle during the maximum hour, but
(c) When the 85- percentile approach speed of
the major street traffic exceeds 40 miles per
hour, the minimum vehicular volume warrant
is 70 percent of the above requirements.
000138
Exhibit 5
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, DESIGNATING THE
INTERSECTION OF E. AMHERST STREET AND N.
COLUMBIA AVENUE TO BE A STOP INTERSECTION AND
DIRECTING THE PLACEMENT OF STOP SIGNS AT ALL
ENTRANCES THERETO
WHEREAS, Section 21354 of the California Vehicle Code (CVC)
authorizes the City to designate any intersection under its
jurisdiction a stop intersection and erect STOP signs at one or
more entrances thereto; and
WHEREAS, the City Council has analyzed the traffic data and
considered the information presented to and the recommendations of
the Transportation and Streets Committee, as well as information
provided to the City Council directly; and
WHEREAS, based on such analysis and consideration, the City
Council has determined that the installation of stop signs at the
intersection of E. Amherst Street and N. Columbia Avenue is
necessary and appropriate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the intersection of E. Amherst Street and N.
Columbia Avenue, as identified on Exhibit 'A' attached hereto and
made a part hereof, is hereby designated a stop intersection and
that STOP signs shall be erected at all entrances thereto.
SECTION 2. That the City Manager is hereby directed to
provide for the installation and maintenance of appropriate signs
and markings to effectuate these requirements.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this day of 2003.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 'A': Diagram
Patrick Hunter, Mayor
000139
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MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10-L.
City cmmv!
ACTT�� a _
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: September 9, 2003 (Council Meeting 9- 17 -03)
SUBJECT: Approval of Program Supplement Agreement No. M005
[Tierra Rejada Road Signal Synchronization Project] to
Administering Agency -State Agreement for Federal Aid
Projects No. 07 -5436
DISCUSSION
A. Background
On March 1, 1996, the City entered into a Master Agreement
[Agreement No. 07 -54361 pertaining to the administration of
Federal -Aid Projects. From time to time the City has also
entered into Supplemental Agreements pertaining to specific
Federally funding projects.
B. Tierra Rejada Signal Synchronization Project
The City has applied for and received approval of a Federal
CMAQ (Congestion Mitigation Air Quality) grant for the partial
funding of construction costs for the construction of a traffic
signal synchronization project on Tierra Rejada Road from the
Route 23 freeway to the intersection of Tierra Rejada Road /
Gabbert Road / Los Angeles Avenue. The amount of the federal
grant is $350,000, with a minimum local match of $46,000.
C. Supplemental Agreement No. M005
Attached as Exhibit 1, is the subject Supplemental Agreement
pertaining to the federal grant funds for the subject project.
TR_Sig_intercon_Sup Agree 0 O 014 1
Supplemental Agreement: Tierra Rejada Signal Synchronization
September 9, 2003
Page 2
D. Resolution
Attached as Exhibit 2 is a Resolution approving the subject
Supplemental Agreement and authorizing the Mayor to sign said
document.
STAFF RECOMMENDATION
Adopt Resolution No. 2003-
TR_sig_intercon_Sup Agree 0 00IL42
PROGRAM SUPPLEMENT NO. M005
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 07 -5436
�Xt\1 �" {
Date : August 27, 2003
Location: 07- VEN -23
Project Number: CML- 5436(011)
E.A. Number : 07- 932282
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 03/01/96 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on
the following pages.
PROJECT LOCATION:
Tierra Rejada Road (SR -23) from SR -118 to SR -23
TYPE OF WORK: Signal Synchronization
LENGTH: 0(MILES)
Estimated Cost
Federal Funds
Matching Funds
$396,000.00
Q4O0 $350,000.00
LOCAL
$46,000.00
$0.00
OTHER
$0.00
CITY OF MOORPARK
By
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementatic
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officek/ Date�O $350,000.00
Chapter I Statutes Item Year Pr BC Category Fund Source AMOUNT
379 2002 2660 -102 -890 2002 -2003 20.30.010.820 C 262040 892 -F
350,000.00
000.43
Program Supplement 07 -5436 -MO05- ISTEA Page 1 of 3
07- VEN -23
CML- 5436(011)
SPECIAL COVENANTS OR REMARKS
08/27/2003
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
3. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
4. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A -133 if it receives
a total of $300,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A -133 superceded OMB A -128 in
1996. A reference to OMB A -128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A -133.
5. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization /Agreement or Amendment /Modification (E -76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
000:.44'
Program Supplement 07 -5436 -M005- ISTEA Page 2 of 3
07- VEN -23
08/27/2003
CML- 5436(011)
SPECIAL COVENANTS OR REMARKS
P. O. Box 942874
Sacramento, CA 94274 -0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01 -06.
7. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
000145
Program Supplement 07- 5436 -M005- ISTEA Page 3 of 3
Exhibit 2
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A SUPPLEMENTAL
AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PERTAINING TO THE TIERRA REJADA ROAD TRAFFIC
SIGNAL SYNCHRONIZATION PROJECT [CML- 5436(011); EA
NO. 07- 93228221
WHEREAS, the City has applied for and has received approval
of Federal Congestion Mitigation Air Quality (CMAQ) funds for the
partial funding of the Tierra Rejada Road Traffic Signal
Synchronization Project; and
WHEREAS, it is necessary and appropriate to document the
receipt of said grant funding through the execution of a
Supplemental Agreement to the City /State Agreement pertaining to
Federal -Aid Projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Program Supplement No. M005 to Agreement No.
07 -5436 is hereby approved.
Section 2. That the Mayor of the City of Moorpark is hereby
authorized to execute said Program Supplement on behalf of the
City.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution and shall cause a certified resolution to be filed
in the book of original Resolutions.
PASSED AND ADOPTED this day of , 2003.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
000146
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10 • M
x, 17 -P , , _,x -1.
o
A V T - 1N
TO: Honorable City Council
Yn
FROM:
Cynthia L. Borchard, Administrative Services Director V
DATE: September 10, 2003 (CC Meeting of 9/17/03)
SUBJECT: Consider Changing the Internal Procedure for Warrant
Signatures.
BACKGROUND
The City's current policy for signing warrants is as follows:
1. Warrants that are less than $1,000 are manually signed by
the City Treasurer (Administrative Services Director) and
City Manager.
2. Warrants that are more than $1,000 are manually signed by
the City Manager and Mayor or Mayor Pro Tem.
3. Payroll and "urgent" warrants are manually signed by the
City Treasurer and City Manager.
The warrants that are less than $1,000 are released
week before
vendor as soon as they are processed, generally
the City Council meeting. These warrants appear on the register
and are included in the agenda for Council review.
DISCUSSION
The number of warrants the City processes has increased over the
years and currently about 4,000 accounts payable warrants are
processed per year. The $1,000 limit is an internal procedure
that has been in effect for many years.
In an effort to speed up the process for issuing warrants and
improve responsiveness to vendors and citizens, staff proposed
00014'7
Honorable City Council
September 17, 2003
Page 2
se
to increase the limit for ed nu on last review
f and s al lyearusenumberoof
warrants over $5,000. Bas P
warrants issued, this would have reduced the number of warrants
requiring Council review and signature prior to release from 22%
to 9% of all warrants issued.
This item was reviewed by the Budget and Finance committee
(Mayor Hunter and Councilmember Harper) on September 3,
and the Committee proposed increasing the signature limit to
$2,500.
This procedure fully complies with the California Government
Code and the Moorpark Municipal Code. The Municipal Code states
that the City Manager, Mayor or Mayor Pro Tem may sign the
warrants which must be countersigned by City Treasurer or City
Treasurer's designee. This procedure will be incorporated into
the update of the Council policies resolution.
STAFF RECOMMENDATION
Approve Budget and Finance Committee recommendation to increase
the dollar limit from $1,000 to $2,500 for warrants requiring
signature of the Mayor or Mayor Pro Tem.
rIr •
ITEM 10-N'
,gym
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
Barry q
Bar K. Hogan Communit Development Director` /j�
FROM: , Y
Prepared By: Laura Stringer, Senior Management Analyst
DATE: September 2, 2003 (CC Meeting of 09/17/2003) 0
SUBJECT: Consider Resolution Repealing Resolution Nos. 95 -1135
and 97 -1346, Pertaining to Certain Entitlement Permit
Review Processes
BACKGROUND /DISCUSSION
Resolution No. 95 -1135 was adopted by City Council on June 21,
1995, to clarify the review authority for entitlement permits.
Resolution No. 97 -1346 was adopted by City Council on July 2,
1997, amending Resolution No. 95 -1135 to specifically address
Conditional Use Permit applications for alcoholic beverage
sales. On September 3, 2003, the City Council introduced
Ordinance No. 297 for first reading, and scheduled second
reading and adoption for the meeting of September 17, 2003.
Ordinance No. 297 is a comprehensive amendment to Zoning Code
Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 and clearly
defines the approval authority of City Officials for land -use
entitlement permits. Upon the effective date of Ordinance No.
297, Resolution Nos. 95 -1135 and 97 -1346 are no longer necessary
and should be repealed.
STAFF RECOMMENDATION
Adopt Resolution No. 2003- F repealing Resolution Nos. 95-
1135 and 97 -1346, to become effective upon the effective date of
Ordinance No. 297.
Attachments:
1. Draft Resolution Repealing Resolution No. 95 -1135.
2. Resolution No. 95 -1135.
3. Resolution No. 97 -1346.
S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030917 repeal.doc
000149
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REPEALING RESOLUTION NOS.
95 -1135 AND 97 -1346, PERTAINING TO CERTAIN
ENTITLEMENT PERMIT REVIEW PROCESSES
WHEREAS, on June 21, 1995, the City Council adopted
Resolution No. 95 -1135 to clarify the approval authority for
entitlement permits contained in various chapters of the Zoning
Code; and .
WHEREAS, on July 2, 1997, the City Council adopted
Resolution No. 97 -1346, amending Resolution No. 95 -1135 to
clarify the review procedures for Conditional Use Permits
involving the sale of alcoholic beverages; and
WHEREAS, on September 17, 2003, the City Council adopted
Ordinance No. 297, comprehensively amending Chapters 17.20,
17.28, 17.44, 17.60 and 17.68 of the Zoning Code relating to
entitlement permit processing; and
WHEREAS, Ordinance No. 297 clearly defines the permit
review authority and permit review processes to be performed by
City Officials for land -use entitlements; and
WHEREAS, with the adoption of Ordinance No. 297, Resolution
Nos. 95 -1135 and 97 -1346 are no longer applicable to the
entitlement permit approval process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CITY COUNCIL REPEAL: The City Council hereby
repeals Resolution Nos. 95 -1135 and 97 -1346 in their entirety,
to become effective upon the effective date of Ordinance No.
297.
CC ATTACHMENT 1
000150
RESOLUTION NO.
Page 2
SECTION 2. CITY CLERK CERTIFICATION AND FILING: The City
Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original
Resolutions.
PASSED AND ADOPTED this 17th day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000151
RESOLUTION NO. 95-1135
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MOORPARK,CALIFORNIA,
ESTABLISHING CERTAIN PERMIT APPROVAL PROCESSES
TO BE PERFORMED BY CERTAIN CITY OFFICIALS;
AND THE REPEALING OF REOLUTION NO. 88 -523
Whereas Resolution No. 88 -523 ;prescribes the city officials
that approve various permits; and
Whereas, the City Council as well as the staff have
recommended changes to said approval authority;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOW;:
Section 1. Resolution No 88 -523 i's hereby rescinded.
Section 2. Major ModificzEtions shall be approved or
disapproved by the approving authority granting the original
approval or an appeal thereof, and be processed as prescribed
by the Zoning Code.
Section 3. Where a City Cciuncil approved entitlement has
not been inaugurated in two years oz more, and a Major Modification
to that entitlement is filed prior to the expiration of the
entitlement or any extension thereto, the Modification shall first
be reviewed by the Planning Commission who shall forward a
recommendation to the City Council r the= manner stipulated by the
Zoning Code.
Section 4. When the City Council is cited as the approving
authority, the Planning Commiss_-cn shall first review the
application and shall make appropriate recommendations to the City
Council in a manner as prescribed �y the Zoning Code.
Approval or disapproval shai., to perfc}rmed by the following
city officials:
ENTITLEMENT APPROVING AUTHORITY
a. General Plan Adoption. City Council
b. General Plan Amendmen•= City Council
C. Zoning Code Adopt ion /Amen ITIE'rlt. City Council
d. Zone Change City Council
jra /res88523.sr
CC ATTACHMENT 2 000152
e. Residential Planned
Development Permits
f. Commercial Planned
Development Permits
g. Industrial Planned
Development Permits
Planning Commission
for proposals of
four units or less;
City Council for
proposals of more
than four units.
Planning Commission
for proposals of
less than 20,000
square feet of gross
floor area; City
C o u n c i l f o r
Proposals of 20,000
square feet or more
of gross floor area.
Planning Commission
f c r proposals
containing less than
20,000 square feet
of gross floor area
for all buildings
involved; City
Cc,unc i 1 f or
proposals of 20,000
square feet or more
of gross floor area
f 01- all buildings
involved.
Note: For f. and g. above, all 1,sw construction, regardless of
gross floor area size that is wi-h.in three hundred feet (300' )
of a residential zone or use shall. require City Council
approval.
h. Administrative ClearancF D i r e c t o r o f
C (.) m m u n i t y
Development.
i. Planning Commission
Conditional Use Permit
j. Tentative and
Final Tract Map
k. Parcel Map
and Parcel Map Waiver
jra /res88523.sr
Planning Commission.
City Council.
Planning Commission.
000153
1. Lot Line Adjustment
and Lot Consolidation
M. Minor Modification
D i r e c t o r o f
C o m m u n i t y
Development.
D i r e c t o r o f
Community
Development.
PASSED, APPROVED, AND ADOPTED rV h1..s 21St day of
JUNE of 1995
Z t
Paul. W. rason Jr., ayor
ATTEST:
jra /res88523.sr
000154
MOO RPARK
799 Moorpark Avenue Moorpark, California. 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 95 -1135 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 21st day of JUNE _. , 1995, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this WITNESS
day of JUNE 1995.
e X4. 0
Lillian E. Hare
City clerk
PAUL W. LAWRASON JR.
Mayor
BERNARDO M. PEREZ
Mayor Pro Toni
PATRICK HUNTE ' SCOTT MONTGOMERY
Councilmembr. ( ouncilmember
JOHN E. WOZNIAK
Council ryY07 ) vsS
RESOLUTION NO. 97 -1346
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RESCINDING RESOLUTION
NO.95 -1170 SETTING FORTH PROCEDURES FOR THE
PROCESSING OF APPLICATIONS FOR ALCOHOL SALES,
RESCINDING PREVIOUS CITY COUNCIL POLICY NO. 35
RELATING TO FOOD SERVICE AND LIQUOR SALES
GUIDELINES, ADOPTED APRIL 19, 1989, AND
AMENDING RESOLUTION NO. 95 -1135 TO PROVIDE AN
EXCEPTION FOR PLANNING COMMISSION REVIEW AND
RECOMMENDATIONS OF CONDITIONAL USE PERMITS FOR
SALE OF ALCOHOLIC BEVERAGES.
Whereas, on July 2, 1997, the City Council introduced for
first reading an ordinance establishing permit processes for
businesses selling alcoholic beverages; and
Whereas, Ordinance No. 234 replaces and supersedes the
requirements of Resolution No. 95 -1170 setting forth procedures for
the processing of applications for alcohol sales and also replaces
and supersedes the requirements and conditions set forth in
previous City Council Policy No. 35 relating to Food Service and
Liquor Sales Guidelines; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Resolution No 95 -1170 setting forth procedures
for the processing of applications for alcohol sales and previous
City Council Policy No. 35 relating to Food Service and Liquor
Sales Guidelines are hereby rescinded effective with the effective
date of Ordinance No. 234
SECTION 2. The first paragraph of Section 4 of Resolution
No 95 -1135 establishing certain permit approval processes shall be
amended as follows:
Except for Conditional Use Permits for the sale of alcoholic
beverages, when the City Council is cited as the approving
authority, the Planning Commission shall first review the
applications and shall make the appropriate recommendations to
the City Council in the manner as prescribed by the Zoning
Code.
CC ATTACHMENT a:\ OFFICE\ WPWIN \WPDOCS \CCRPTS \ZOA9702.RES9:52 am
060jL56
JULY 2, 1997
PAGE 2
PASSED, APPROVED, AND ADOPTEI
Attest:
C:\ OFFICE\ WPWI N \WPDOCS \CCRPTS \ZOA9702.RES9:52 im
000157
ITEM 10.0
s. �A
AJ-
of
4C-1
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct
o
Prepared By: Joseph F. Fiss, Principal Plann
DATE: September 5, 2003 (CC Meeting of 09/17/03)
SUBJECT: Consider Schedule for Second Reading of Ordinance No.
296: Zoning Ordinance Amendment No. 2003 -01, Deleting
Chapter 5.88 of the Moorpark Municipal Code Regarding
Home Occupations, Boutique Sales and Garage Sales and
Amending Chapter 17.28.020(B) 'Regarding Home
Occupations and Garage Sales
BACKGROUND /DISCUSSION
Ordinance No. 296 regarding Home Occupations, Boutique Sales and
Garage Sales was introduced for first reading by the City
Council on August 20, 2003 and scheduled for second reading and
adoption on September 17, 2003. At the September 3, 2003 City
Council meeting, Ordinance No. 297 regarding the City's
entitlement procedures was introduced for first reading and
scheduled for second reading and on September 17, 2003.
Ordinance No. 297 needs to be adopted prior to Ordinance No. 296
so that the amendments to the Home Occupations, Boutique Sales
and Garage Sales Code Section that are included in Ordinance 296
are not deleted. Moving the second reading and adoption of
Ordinance No. 296 to the City Council meeting following the
adoption of Ordinance 297 will ensure that the Ordinances are
codified in the proper sequence.
STAFF RECOMMENDATION
Direct staff to schedule the consideration of the second reading
and adoption of Ordinance No. 296 for the next City Council
meeting following the consideration of the second reading and
adoption of Ordinance No. 297.
It
y 1.,. rrs t f�, ai 1 , r?j /
� A &4f-�
ORDINANCE NO. 297
i .6 '% �ltld III �•
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING CHAPTERS 17.20 (USES BY ZONE), 17.28
(STANDARDS FOR SPECIFIC USES), 17.44 (ENTITLEMENT -
PROCESS AND PROCEDURES), 17.60 (AMENDMENTS TO THE
GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND ZONING
CODE) AND CHAPTER 17.68 (PUBLIC NOTICES) OF THE
MOORPARK MUNICIPAL CODE
WHEREAS, on October 16, 1996, the City Council adopted
Resolution No. 96 -1237 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to allowing
recreation vehicle storage in the Commercial Planned Development
(CPD) zone; and
WHEREAS, on January 7, 1998, the City Council adopted
Resolution No. 98 -1423 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to revisions
to provide for outdoor seating for restaurants; and
WHEREAS, on April 3, 2002, the City Council adopted
Resolution No. 2002 -1997 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to permitted
size of second dwelling units; and
WHEREAS, on August 21, 2002, the City Council adopted
Resolution No. 2002 -1997 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to
entitlement and uses; and
WHEREAS, on September 9, 2002, the Planning Commission held
a public workshop on the entitlement and use regulations
contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the
Moorpark Municipal Code and gave direction to Community
Development staff on potential amendments to the regulations;
and
WHEREAS, the Community Development Department drafted
proposed amendments to the entitlement and use regulations in
response to direction from the Planning Commission; and
000159
Ordinance No. 297
Page 2
WHEREAS, the Community Development Director and the
Planning Commission have reviewed this project and found it to
qualify for a General Rule Exemption in accordance with Section
15061 of the California Code of Regulations (CEQA Guidelines),
and based upon that finding has determined the project to be
exempt from further environmental documentation; and
WHEREAS, at its meeting of June 17, 2003, and July 1, 2003,
the Planning Commission conducted a duly- noticed public hearing
on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60
and 17.68 of the Moorpark Municipal Code pertaining to
entitlement and use regulations, received public testimony on
the proposed amendments, and after receiving oral and written
public testimony, closed the public hearing and recommended
approval of said amendments as proposed; and
WHEREAS, at its meetings of August 20, and September 3,
2003, the City Council conducted a duly- noticed public hearing
on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60
and 17.68 of the Moorpark Municipal Code pertaining to
entitlement and use regulations, received public testimony on
the proposed amendments, and after receiving oral and written
public testimony, and closed the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", Chapter 17.44, "Entitlement -
Process and Procedures" Chapter 17.60, "Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning Code"
Chapter 17.68 "Public Notice" of Title 17, Zoning, of the
Municipal Code of the City of Moorpark are hereby repealed.
SECTION 2. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", and Chapter 17.44, "Application
Review Procedures" of Title 17, Zoning, of the Municipal Code of
the City of Moorpark are hereby adopted as shown in Exhibit A,
attached hereto and incorporated herein by this reference.
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
fll .1
Ordinance No. 297
Page 3
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this 17th day of September, 2003.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
Exhibit A: Chapters 17.20, 17.28, and 17.44
000161
Ordinance No. 297
Page 4
Sections:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
Chapter 17.20
USES BY ZONE
Purpose.
Use of matrices.
Uses not listed.
Reserved.
Permitted uses in open space, agricultural, residential and special purpose zones.
Permitted uses in commercial and industrial zones.
Section 17.20.010 Purpose.
The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed through
the issuance of a Zoning Clearance and through discretionary permit approval in the various zones within
the City.
Section 17.20.020 Use of matrices.
The use matrices indicate the level of review required for each use. Review requirements are subject
to Entitlements — Process and Procedure, Chapter 17.44.
Section 17.20.030 Uses not listed.
Review of a use that is not shown in the matrices may be initiated by a written request to the
community development director and payment of a review fee established by council resolution. The
community development director shall review the proposed use within ten (10) calendar days and render a
written decision based upon the findings below.
A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses.
B. The review requirements for the proposed use shall be identical to those similar uses upon which
the community development director has based the determination.
If the community development director determines that the use is similar, the director shall inform the
city council of the director's decision and incorporate the use in the next scheduled zoning ordinance
amendment. The decision of the director is final unless appealed to council within ten (10) calendar days
of the written decision. The appeal shall be filed in accordance with Chapter 17.44.
Section 17.20.040 Reserved.
Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table
17.20.050 below and in the conditions of approval of any applicable residential planned development
permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is
required for all residential development of five (5) or more units. All uses, as applicable, shall comply with
Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
EXHIBIT "A" 000162
Ordinance No. 297
Page 5
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL
PURPOSE ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
A. AGRICULTURAL USES
1. Animal Husbandry in
accordance with Sections
17.20.040 and 17.28.030
a. Without Structures
ZC
ZC
ZC
ZC
ZC
ZC
b. With structures of total
gross floor areas per lot:
- Less than 1,000 sq. ft.
ZC
ZC
ZC
ZC
- 1,001 — 20,000 sq. ft
AP
ZC
AP
- 20,001 — 100,000 sq. ft.
CUP
AP
- >100,000 sq. ft.
CUP
2. Animal hospital, for large
CUP
CUP
CUP
animals
3. Apiculture in accordance
ZC
ZC
AP
with Section 17.28.210
4. Crop production where no
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
structures are involved
5. Greenhouse, hothouse and
the like. Minimum property
line setbacks shall be 20 -feet.
With a total gross floor area
per lot:
- Less than 1,000 sq. ft.
ZC
ZC
ZC
ZC
ZC
ZC
ZC
- 1,001 — 20,000 sq. ft.
ZC
ZC
AP
AP
CUP
- 20,001 — 100,000 sq. ft.
AP
CUP
- >I 00,000 sq. ft.
CUP
CUP
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Section
17.28.030
7. Wholesale nurseries, tree
AP
AP
AP
AP
AP
AP
AP
AP
farms and ornamental plant
farms including container
plants. Retail sales shall be
limited to the requirements of
section 17.28.070
8. Wildlife sanctuaries
CUP
CUP
B. RESIDENTIAL USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Boardinghouses and bed and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
breakfast inns
2. Care facilities
000163
Ordinance No. 297
Page 6
Zones
0-TI
A -E
1 R -A
7 R -E
T R -O
R -1
R -2
RPD
TPD
a. Consistent with the
NZC
NZC
NZC
NZC
NZC
NZC
NZC
requirements of the State of
California Health and Safety
Code, Chapter 3.6. Care
facilities serving six (6) or
fewer persons, such as a any
facility defined as a
community care facility and
residential care facilities as
defined by Chapters 3 and 3.2
of the Health and Safety Code,
shall meet the standards and
requirements applicable to
single family dwellings
b. For seven (7) to twelve (12)
ZC
ZC
ZC
ZC
ZC
ZC
ZC
children, up to 14 children may
be allowed when found
consistent with Section
1597.465 of the Health and
Safety Code
3. Dwellings, single family
a. Standard construction,
AP
AP
AP
AP
AP
AP
AP
AP
AP
including manufactured
housing consistent with
Section 17.28.020 C (for five
(5) or more homes constructed
in the R -A, R -O, R -E, and R -1
zones a planned development
permit is required)
b. Less than five (5) affordable
AP
AP
AP
or senior housing when in
compliance with Chapter 17.64
c. Second dwelling units when
ZC
ZC
ZC
ZC
ZC
ZC
in compliance with section
17.28.020G
4. Dwellings, two- family or
two single family dwellings on
one lot
a. Less than five (5) dwelling
AP
AP
units
b. Less than five (5) affordable
AP
AP
or senior housing units when in
compliance with Chapter 17.64
5. Dwellings, multiple family
a. Less than five (5) dwelling
AP
units
b. Less than five (5) affordable
AP
or senior housing units when in
compliance with Chapter 17.64
000164
Ordinance No. 297
Page 7
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
6. Mobilehome parks in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
compliance with the applicable
standards of the zone in which
it is located. It shall include
recreation facilities with
minimum distance between
structures of ten (10) feet and
minimum distances between
accessory structures of six (6)
feet
7. Model homes, temporary
AP
AP
AP
AP
AP
AP
AP
office for the sale of homes or
lots in a subdivision that are a
part of an approved tentative
map and when there is a model
complex plan/temporary office
plan approved by the
community development
director
C. PUBLIC AND QUASI - PUBLIC USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Places of religious worship,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
with or without schools
2. Clubhouses with or without
CUP
CUP
CUP
CUP
CUP
alcoholic beverage sales
3. Colleges and universities
CUP
4. Communication facilities,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including wireless in
accordance with the
requirements of chapter 17.42
(Minor facilities require only
planning commission
approval; pre- approved
locations require only an AP
5. Energy production from
CUP
CUP
CUP
renewable resources
6. Governmental uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including, but not limited to
city offices, community rooms,
fire stations, human service
centers, libraries, police
stations, public utility facilities
7. Utility structures (electrical
AP
AP
AP
AP
AP
AP
AP
AP
AP
boxes, transformers and valve
apparatus that have no covered
floor area and are attached to
the ground by poles, columns
or pedestals shall not require a
000165
Ordinance No. 297
Page 8
Zones
O -S
A -E
It.
R -E
R -O
R -1
--R--2—TJ
RPD
I TPD
zoning clearance)
8. Wireless communication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
facilities in accordance with
chapter 17.42 (Minor facilities
require only planning
commission approval; pre -
approved locations require
only an AP)
D. ACCESSORY AND MISCELLANEOUS
USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Animal keeping in
accordance with the
requirements of Section
17.28.030
a. Apiculture
ZC
ZC
ZC
b. Aviaries
AP
AP
AP
AP
c. Farm animals including
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
horses and ponies subject to
the requirements of Section
17.28.30
d. Pet animals are allowed in
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
all zones subject to the
requirements of Section
17.28.030C
e. Wild animals subject to the
AP
AP
AP
requirements of Chapter 6.24
2. Accessory structures
a. balcony, deck, patio covers,
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
room additions, or storage
sheds
b. Fences and walls less than
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
six (6) feet and retaining walls
less than three (3) feet in
height, paving and decks when
constructed lower than thirty
(30) inches above the
immediate surrounding natural
grade
c. Fences and walls greater
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
than six (6) feet and retaining
walls greater than three (3) feet
in height, paving and decks
when constructed higher than
thirty (30) inches above the
immediate surrounding natural
grade
d. Swimming, wading or
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ornamental pools designed for
0001SS
Ordinance No. 297
Page 9
Zones
O -S
A -E
R -A
I R -E
R -O
I R -1
R -2
RPD
TPD
a water depth greater than
eighteen (18) inches
3. Antenna or flag pole, ground
mounted, non - commercial
AP
AP
AP
AP
AP
AP
AP
AP
AP
a. <35 -feet high
b. >35 -feet high
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
4. Dwelling, caretaker
AP
AP
AP
AP
AP
AP
AP
AP
AP
5. Dwellings, farm labor
AP
AP
AP
6. Home occupation when
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
conducted in an existing single
family home and consistent
with the requirements of
Section 17.28.020B
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
8. Motion picture and
1TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
television production and
related activities and structures
(activities of a maximum of 42
days in any 180 -day period are
considered temporary and shall
comply with the requirements
of Section 17.28.120 and Title
5 of the Moorpark Municipal
Code
9. Mobilehomes or recreation
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
vehicle as temporary dwelling
on the site of an active
building permit during
construction
10. Produce stands in
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
compliance with the
requirements of section
17.28.070
11. Recreational facilities, non-
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
profit or for profit, including,
but not limited to athletic
fields, bicycle and skate parks,
community centers, golf
courses, gymnasiums, retreats,
riding stables. Bicycle and
skate parks shall be in
compliance with section
17.28.240 (Public park and
recreation facilities are
permitted in all zones and do
not require a CUP or a ZC)
12. Storage of building
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
!1! ,
Ordinance No. 297
Page 10
Zones
O -S
A -E
R -A
R -E
I R -O
R -1
I R-Tj
RPD
I TPD
materials in accordance with
CUP
CUP
2. Automobile /light truck/motorcycle
AP
AP
the requirements of section
AP
AP
AP
a. rental (if within 100 feet of a residentially zoned
property a conditional use permit is required)
La. brakes, oil changes tires and shock sales and
AP
AP
17.28.160
AP
AP
13. Storage, open consistent
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
with section 17.28.020F
14. Soil testing for wells,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
foundations, septic systems
and similar construction
15. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, movie and television
production, sidewalk sales,
special events, outdoor sales,
when in compliance with
chapter 17.44. Issuance of a
temporary use permit shall
take the place of a zoning
clearance. Temporary uses
lasting more than 180 days
require an AP
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the
conditions of approval of any applicable commercial and industrial planned development permits. In
addition to the entitlements required by Table 17.20.060, a planned development permit is required in all
commercial and industrial zones for any use where the total gross floor area of buildings on the property is
10,000 square feet or greater. All uses, except for those specifically identified as outdoor uses shall be
operated within a building. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an
exception, the community development director shall verify that the site, use or structure has an approved
planned development permit if needed in accordance with this Section and Section 17.44.040(C). All uses
shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
C -O
C -1
CPD
C -2
GOT
M -1
M -2
I
A. RETAIL AND SERVICE. USES
1. Adult businesses
CUP
CUP
2. Automobile /light truck/motorcycle
AP
AP
AP
AP
AP
AP
a. rental (if within 100 feet of a residentially zoned
property a conditional use permit is required)
La. brakes, oil changes tires and shock sales and
AP
AP
AP
AP
Ordinance No. 297
Page 11
Zones
CPD
C-0
C -1
C -2
C -OT
M -1
M -2
I
installation, tune -ups (with or without hydraulic
F
lifts) (if within 100 feet of a residentially zoned
prope a conditional use permit is required)
b. engine rebuilding, transmission repair, steam
CUP
CUP
cleaning, auto body, painting
c. sales, service and parts
CUP
CUP
3. Automobile service stations with or without mini-
CUP
CUP
marts and with or without beer and wine sales for
off -site consumption
4. Body piercing and/or tattoo
CUP
CUP
5. Building supplies (if within 100 feet of a
AP
CUP
residentially zoned property a conditional use permit
is required)
6. C ber cafes, video/computer arcades, game rooms
CUP
CUP
CUP
7. Car washes, self - service or automatic with or
CUP
without automotive services stations
8. Hay and feed sales
CUP
CUP
9. Hotels, motels and bed - and - breakfast inns
CUP
CUP
CUP
CUP
10. Kennels and catteries
CUP
CUP
11. Liquor stores (when located no closer than 1,000
AP
AP
AP
feet of any other liquor store or public or private
school) (if within 100 feet of a residentially zoned
property a conditional use permit is required)
12. Massage, therapeutic when in compliance with
AP
AP
AP
chapter 5.48 (if within 100 feet of a residentially
zoned property a conditional use permit is required)
13. Nurseries (retail) with or without container
CUP
grown plants when all equipment and supplies kept
in an enclosed area
14. Nurseries (wholesale and/or retail) with or
CUP
without container grown plants when all equipment
and supplies kept in an enclosed area
15. Pawnshops when in compliance with chapter
CUP
5.32
16. Pest control services (if within 100 feet of a
AP
AP
residentially zoned property a conditional use permit
is required)
17. Private post offices, parcel services, copy centers I
ZC
ZC
ZC
ZC
(if within 100 feet of a residentially zoned property a
conditional use permit is required)
18. Psychics, fortunetelling, and spiritual advisors
CUP
when in compliance with Title 5 of the Moorpark
Municipal Code
19. Recreation vehicle storage yard when not located
CUP
on parcels adjacent to Arterial Roads or Freeways as
shown on the Moorpark Circulation Element Map
20. Recycling centers
CUP
CUP
CUP
000169
Ordinance No. 297
Page 12
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
21. Recycling drop -off bins when located in an area
ZC
ZC
ZC
ZC
ZC
ZC
determined by the community development director
not to be in conflict with parking, vehicle or
pedestrian circulation (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
22. Rental and leasing of large equipment
AP
AP
with/without outdoor storage and repair (if within
100 feet of a residentially zoned property a
conditional use permit is required)
23. Retail shops and services, except as otherwise
ZC
ZC
ZC
ZC
indicated in this Table, including, but not limited to
antiques, art/art supplies, auto supply, bakery,
barbers, beauty salons, bicycle sales /service, book
and stationery, camera/photo, carpet sales /cleaning,
cigar /cigarette sales, clothing and fabric, computer
sales, copy services and supplies, day care,
department and variety, dry cleaners, florist,
flooring/carpet sales /service, food and market, gift
and novelty, hardware, home and office furniture,
jewelry, key and locksmiths, music, newstands, pet
grooming, pet supplies, pharmacy, photo /camera,
pool supplies, sporting goods, small equipment
rental (no outdoor storage), spa, toy and hobby, used
merchandise, video/DVD /CD sales and rental,
wireless sales /service and uses which the community
development director determines to be similar when
in compliance with section 17.20.020 (if within 100
feet of a residentially zoned property a conditional
use permit is required)
24. Retail sales combined with limited distribution
AP
and/or warehousing (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
25. Retail sales in the M -1 and M -2 zone limited to a
AP
AP
maximum of 20 % of the gross floor area of the
building in which it is located. In an industrial
complex the 20 % shall be computed on the basis of
the cummulative total (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
26. Retail sales (temporary) in the M -1 and M -2
TUP
TUP
zones. Issuance of a temporary use permit shall take
the place of a zoning clearance.
27. Thrift stores, consignment store (if within 100
ZC
ZC
ZC
feet of a residentially zoned property a conditional
rl
use permit is required)
1000.'70
Ordinance No. 297
Page 13
Zones
FC-0
t
CPD
I
C -1
C -2
GOT
M -1
M -2
I
`B. EATING AND DRINKING PLACES
1. Alcoholic beverage sales for off -site consumption
when in conjunction with another city approved use
AP
AP
AP
AP
AP
a. beer and/or wine (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
-b. beer, wine and other alcoholic beverages
CUP
CUP
CUP
CUP
CUP
2. Bars with or without entertainment including,
CUP
CUP
CUP
CUP
but not limited to cocktail lounges, cabarets
3. Breweries, micro breweries, wineries /tasting
rooms
a. With or without restaurant and with or without
CUP
CUP
AP
AP
outdoor seating
b. With or without restaurant and with
CUP
CUP
CUP
CUP
entertainment and with or without outdoor seating
4. Restaurants and similar establishments engaged
primarily in the retail sale of prepared food for on-
site or off -site consumption in accordance with the
restrictions below:
a. With or without entertainment and with or
AP
AP
AP
AP
AP
without on -site consumption of beer and wine and
with or without outdoor seating (if within 100 feet
of a residentially zoned property a conditional use
permit is required)
b. With or without entertainment and with on -site
CUP
CUP
CUP
CUP
CUP
consumption of beer, wine and other alcoholic
bevera es and with or without outdoor seating
c. With drive -in or drive- through facilities (off -site
CUP
CUP
CUP
CUP
CUP
sale of all alcoholic beverages is prohibited) with or
without outdoor seating
C. OFFICE AND PROFESSIONAL USES
Zones
C -2
GO
C -1
CPD
GOT
M -1
M -2
I
1. Banks and other financial institutions (if within
ZC
ZC
ZC
ZC
100 feet of a residentially zoned property a
conditional use permit is required)
2. Laboratories: research and scientific (if within 100
AP
ZC
ZC
feet of a residentially zoned property a conditional
use permit is required)
3. Professional and administrative offices,
ZC
ZC
ZC
ZC
ZC
ZC
including, but not limited to: accounting,
advertising agencies, chiropractic, collection
services; dental, direct mail marketing companies,
employment agencies, engineering services
insurance, investment, medical, optical and related
health services; planning services, real estate
services; secretarial services, travel agencies, and
000171,
Ordinance No. 297
Page 14
Zones
�C-2
C -O
C -1
C -OT
M-1
M -2
I
uses which the community development director
determines to be similar when in compliance with
section 17.20.020 (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
4. Veterinary offices and animal hospitals
a. Without boarding (keeping of animals indoors
AP
AP
AP
AP
AP
AP
and on -site for medical purposes shall not be
considered boarding, if within 100 feet of a
residentially zoned property a conditional use permit
is required)
b. With boarding indoors or outdoors
CUP
CUP
CUP
D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION
USES
Zones
C -2
GO
C -1
CPD
GOT
M -1
M -2
I
1. Cement, concrete and plaster, and product
CUP
fabrication
.D - stribution and transportation facilities
CUP
CUP
3. Havy machinery repair, including trucks, tractors
CUP
and buses
4. Manufacturing and assembly including, but not
ZC
ZC
limited to appliances, cabinets, cleaners, clothing,
computers, cosmetics, detergents, electronics,
furniture, leather products, machinery, medical and
scientific instruments, paper, perfumes,
pharmaceuticals, photographic and optical goods,
plastic products, signs and advertising displays,
soap, textiles and other uses which the community
development director determines to be similar
when in compliance with section 17.20.020 (if
within 100 feet of a residentially zoned property a
conditional use permit is required)
5. Outdoor storage when in conjunction with a city
CUP
AP
approved use and when all storage is screened by an
8 -foot high masonry wall architecturally matched to
the structure. (if within 100 feet of a residentially
zoned property a conditional use permit is required)
6. Warehousing, including self - storage or mini-
CUP
CUP
storage. Self- storage or mini- storage shall not be
permitted on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Map
7. Welding (if within 100 feet of a residentially
AP
ZC
zoned property a conditional use permit is required)
000172
Ordinance No. 297
Page 15
Zones
Fc
CPD
o
C-1
C -2
C -OT
M -1
M -2
I
E. PUBLIC AND SEMI- PUBLIC USES
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades (video and computer)
CUP
CUP
CUP
CUP
b. Health club /gymnasium/fitness center /spa (if
AP
AP
AP
AP
CUP
within 100 feet of a residentially zoned property a
conditional use permit is required)
2. Care facilities, including adult day care facilities,
CUP
CUP
CUP
Alzheimer's day care facilities, congregate living
health facilities, child day care centers, community
treatment facilities, foster family and adoption
agencies, hospices, long -term health care facilities,
residential care facilities for the elderly, residential
care facilities for persons with chronic life -
threatening illness, skilled nursing and intermediate
care facilities, social rehabilitation facilities,
therapeutic day services facilities, transitional
housing placement facilities, and transitional shelter
care facilities as defined in Division 2 of the Health
and Safety Code.
3. Clubhouses, social clubs, service clubs with or
AP
AP
AP
AP
AP
without alcohol (if within 100 feet of a residentially
zoned property a conditional use permit is required)
4. Communication facilities, including wireless in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
accordance with the requirements of chapter 17.42
(Minor facilities require only planning commission
approval; pre- approved locations require only an
AP)
5. Energy production from renewable resources
CUP
CUP
6. Governmental uses including, but not limited to
CUP
CUP
CUP
CUP
CUP
CUP
CUP
city offices, community rooms, fire stations, human
service centers, libraries, police stations, public
utility facilities
7. Hospitals including urgent care (if within 100
AP
AP
AP
AP
feet of a residentially zoned property a conditional
use permit is required)
8. Places of religious worship
CUP
CUP
9. Public education and training facilities including,
ZC
but not limited to colleges and universities,
elementary, middle and high schools, professional
and vocational schools
10. Recreational facilities (private) with/without
AP
AP
AP
AP
AP
CUP
food services, including but not limited to bicycle
and skate parks, golf courses, gymnasiums, fitness,
health spas, martial arts, racquetball, yoga. Bicycles
and skate parks shall be in compliance with section
17.28.240 (if within 100 feet of a residentially zoned
Property a conditional use permit is required)
000173
Ordinance No. 297
Page 16
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
11. Utility structures (electrical boxes, transformers
AP
AP
AP
AP
AP
AP
AP
and valve apparatus that have no covered floor area
and are attached to the ground by poles, columns or
pedestals shall not require a zone clearance)
`F. ACCESSORY AND MISCELLANEOUS USES
Zones
C -2
C -O
C -1
CPD
GOT
M -1
M -2
I
1. Dwelling, caretaker for self storage or mini-
AP
warehouse
2. Outdoor sales
CUP
CUP
CUP
CUP
CUP
CUP
3. Retail shops and services as listed in Table
AP
17.20.060A.22 when the uses are determined by the
community development director to be ancillary to
the office uses of the zone (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
4. Temporary uses including, but not limited to
TUP
TUP
TUP
TUP
TUP
TUP
TUP
carnivals, Christmas tree sales, circuses, festivals,
movie and television production, sidewalk sales,
special events, outdoor sales, when in compliance
with Chapter 17.44. Issuance of a temporary use
permit shall take the place of a zoning clearance.
Temporary uses lasting more than 180 days require
an AP.
Ordinance No. 297
Page 17
Chapter 17.28
STANDARDS FOR SPECIFIC USES
Sections:
17.28.010
Purpose.
17.28.020
Standards relating to dwellings.
17.28.030
Standards relating to animals.
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
17.28.060
Reserved.
17.28.070
Produce stands.
17.28.080
Reserved.
17.28.090
Reserved.
17.28.100
Reserved.
17.28.110
Reserved.
17.28.120
Motion picture and TV production, temporary.
17.28.130
Outdoor sales and services, temporary.
17.28.140
Christmas tree sales.
17.28.150
Temporary buildings during construction.
17.28.160
Storage of building materials, temporary.
17.28.170
Reserved.
17.28.180
Reserved.
17.28.190
Reserved.
17.28.200
Reserved.
17.28.210
Reserved.
17.28.220
Reserved.
17.28.230
Reserved.
17.28.240
Bicycle and Skate Parks.
17.28.250
Reserved.
Section 17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations in addition to the required
standards and regulation which apply to specific uses as listed in section 17.20.050 and section
17.20.060.. (Ord. 189 § 3 (8107 -0), 1994)
Section 17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in
height. The crank -up variety antennas shall be used. All units are encouraged to be color -
coordinated to harmonize with predominant structural background material, so as to reduce visual
impacts. Where feasible, support structures shall be screened from public view. The most
unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure.
The height, nature, texture and color of all materials to be used for the installation, including
landscape materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the
mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings
are subject to this date limitation.
000175
Ordinance No. 297
Page 18
2. Mobilehome Foundation System. Mobilehomes which are used as single- family
residences or as caretaker or farm worker dwellings shall be installed on a foundation system in
compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative
Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance
with the applicable provisions of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single - family dwelling shall extend to the ground
level, or to the top of the deck or structural platform where the dwelling is supported on an
exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the
Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as
caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose
the mobilehome, including the tongue, with a color and material that will be compatible with the
mobilehome. The siding shall be covered with an exterior material customarily used on
conventional dwellings and approved by the department of community development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are
subject to review and approval of the department of community development. Applicants are
required to submit designs which are in keeping with the overall character and quality of the
neighborhood and community.
5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch
of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and
consisting of shingles or other material customarily used for conventional dwellings and approved
by the department of community development and the building official.
6. Porches and Eaves. The mobile home or manufactured housing unit may be required to
have porches and eaves, or roofs with eaves when, in the opinion of the department of community
development, it is necessary to make it compatible with the dwellings in the area.
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A
mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month
period by the owner (s) of a lot for which a building permit has been issued, is in full force and
effect on the same site, and construction is underway. The community development director may
grant one (1) additional twelve (12) month time extension if substantial progress toward
construction of the principal residence is being made. Said mobilehome or recreational vehicle
shall be connected to the permanent water supply and sewage disposal system approved by the
Ventura County environmental health division for the structure under construction. Within forty-
five (45) days after the issuance of a zoning clearance for occupancy the mobilehome or
recreational vehicle shall cease use as a dwelling, be disconnected from such systems, and shall
be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to
construction on adjacent lots under the same ownership as the lot on which the mobilehome or
recreational vehicle is installed. In no case shall the mobilehome or recreation vehicle be rented,
leased or otherwise occupied by a non -owner of the lot. A bond or cash deposit shall be required
in the amount to cover removal of the temporary mobilehome prior to receiving city approval for
the placement of the temporary dwelling. The amount of the deposit shall be determined by the
community development director.
E. Reserved.
F. Open Storage.
1. There shall be no open storage in any front or street -side setback, or in an area three (3)
feet wide along interior side lot lines.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed
an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand
(20,000) square feet, the aggregate area shall not exceed one percent (1 %) of the total lot area, up
to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S
and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage,
00017E
Ordinance No. 297
Page 19
provided that all open storage exceeding one thousand (1,000) square feet is screened from view
from all public rights -of -way within three hundred (300) feet of such additional storage area.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be
limited to a height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to
any off -site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are
therefore exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room
addition on said lot for which a zoning clearance and necessary building permits are obtained and
in force, provided that such storage is neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construction. Stored materials shall be installed
within one hundred eighty (180) days of their placement on the lot; however, the community
development director may grant a time extension for good cause, based on a written request from
the applicant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as
outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor
cooking equipment, and recreational equipment, accessory to the principal use;
c. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1)
location on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010,
requires approval of a zoning clearance, and compliance with all of the following standards and
requirements:
a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth
acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall be a lot
which conforms to the minimum lot width, depth and size of the zone in which it is located.
b. The lot on which a second dwelling is to be constructed shall contain an existing single -
family dwelling, which is owner occupied at the time of application for a zoning clearance and
building permit for the second dwelling.
c. The maximum size of the second dwelling shall be no larger than the primary dwelling
and shall be limited to the following lot size limitations:
Lot Size
Max. 2nd Unit Size, ins . ft.
10,890 — 21,780 sq. ft.
800
21,781 — 43,560 s . ft.
900
1 — 5 acres
1,000
>5 acres
1,100
d. No more than one (1) second dwelling is allowed on each lot.
e . The second dwelling shall not be sold as a separate unit, but it may be rented.
f. Establishment of a second dwelling shall not create or increase a nonconforming use or
structure. A second dwelling shall not be allowed on a lot which contains a legal nonconforming
use or structure.
g. Minimum yard setbacks from the property lines for the second dwelling and associated
garage or carport structure shall be the same as is required for the existing single - family dwelling
based on the more restrictive of either: (i) the setback requirements of an approved residential
planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback
requirements of the applicable zone district (see Section 17.24.020).
h. Architectural standards of the second dwelling shall conform to the existing single - family
000177
Ordinance No. 297
Page 20
dwelling through use of the appropriate building form, height, materials and color. The roof
material used for the second dwelling shall be equal to or of higher quality than that used for the
existing single - family dwelling.
i. The only accessory structures that may be attached to, or share a common wall with, a
detached second dwelling are a garage or carport.
j. The following parking standards shall apply:
k. The number of parking spaces required shall be as follows:
(A) One (1) covered or uncovered parking space for studio or one bedroom units.
(B) Two (2) covered or uncovered parking spaces for two (2) bedroom units. For more than
two (2) bedroom units additional parking may be required provided that the community
development director finds that additional parking is directly related to the use of the second unit
and is consistent with the existing neighborhood standards applicable to the existing dwellings.
(i) The size of each required off - street parking space shall be an unobstructed minimum of
nine (9) feet wide by twenty (20) feet long.
(ii) The parking space(s) provided for the second dwelling shall not be located in a required
dwelling unit setback and shall be paved.
(iii) The required off - street parking space(s) for a second dwelling shall be in addition to the
parking required for the existing single - family dwelling, and shall be located on the same lot as
the existing single - family and second dwellings.
(iv) Vehicular access to the parking area for a second dwelling shall be at least ten (10) feet
wide and paved.
1. The community development director may approve the use of a mobilehome or a
manufactured house on a fixed foundation as a second dwelling, if the design is compatible with
the existing single - family dwelling and the surrounding community, and when it is in compliance
with all of the mobilehome and manufactured housing standards of subsection C of this section.
H. Use of Structures for Dwelling Purposes. Structures may not be used for human
habitation except as specifically permitted in this title.
Section 17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to establish standards and conditions for the
keeping of all animals in the city while protecting the health, safety and welfare of its residents.
B. General Provisions -- Standards. All the standards contained in this section shall apply
equally to all properties unless otherwise noted.
1. Enclosure. All animals shall be properly caged or housed, and must be kept in their
corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other
similar structures shall be fenced or otherwise enclosed to adequately confine the animal(s).
2. Maintenance. All buildings housing farm animals, all animal enclosures and all pasture
areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall
be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance
with these standards, or are otherwise allowed to become a nuisance, the city shall initiate
enforcement proceedings as provided by this code.
3. Animals Not Classified. Any animal not specifically classified within this chapter shall
be classified by the community development director, based upon a determination as to the
probable negative impact of the health, safety or general welfare upon the community.
C. Pet Animals. The keeping of pet animals is permitted in all zones of the city, subject to
the following provisions:
1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses.
a. Dogs, cats, pot - bellied pigs and miniature horses are permitted to be kept upon lots used
primarily for residential or agricultural uses, for recreational purposes (and as protection) as
provided in subsection (13)(1)(b) of this section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other commercial or industrial use for the
000178
Ordinance No. 297
Page 21
primary purpose of protecting the premises from varmints and trespassers.
b. Single family dwellings may keep up to four (4) dogs, four (4) cats, four (4) pigs, or four
(4) miniature horses, or any combination not to exceed a total of four (4) animals. Multifamily
dwellings may have up to two (2) dogs, cats, pot - bellied pigs or miniature horses or any
combination not to exceed a total of two (2) animals.
c. The offspring of animals are allowed and shall not be counted towards the maximum
allowed number until they are weaned or self - sufficient age. Dogs and cats, pot - bellied pigs and
miniature horses shall be counted as weaned at four (4) months of age or more.
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic animals such as domestic mice and rats,
hamsters, guinea pigs, chelonians, tropical fish, birds of the psittacine family (enclosure must be
set back at least fifteen (15) feet from any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods, and other similar animals
commonly sold in pet stores and kept as household pets, may be kept upon any lot in any zone
where the principal use upon any such lot is residential, so long as animals are not maintained for
commercial purposes, do not constitute a nuisance, are adequately provided with food, care and
sanitary facilities, and do not exceed a total of six (6) animals (fish being exempt) on any lot
either within or outside any dwelling. Offspring less than four (4) months from old shall not be
counted in the total.
c. Animals that, because of size, specialized breeding or other unique quality, cannot be
clearly categorized may be permitted (including total number), upon approval of the community
development director.
3. Animal Units. The keeping of farm animals as a principal or accessory use, except for pet
animals, shall be permitted in accordance with the matrix and table of animal unit equivalents set
forth below:
Zone
Minimum Lot
Animal Units Permitted'•z
Distance Separation
Area
Requirements'
Re wired
O -S
10,000 sq. ft.
Lots < 20,000 sq. ft.: two units4. Lots
Except for movement on and
A -E
20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area.
not be kept, maintained or
Lots > 10 acres: no limit.
used in any way, inside or
outside of any structure,
R -O
20,000 sq. ft.
Horses /ponies: 3 units plus 1 unit per
30,000 sq. ft. of total lot area.
within 40 feet of a structure
Other animals: 1 unit per 10,000 sq. ft, of
used for human occupancy
total lot area.
other than the owner's
residence.
R -E
10,000 sq. ft.
2 units minimum plus 1 unit per 20,000 sq.
ft. of total lot area .4
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculating the allowable number of animals, fractional numbers shall be rounded to
the lower whole number.
2. Animal offspring are allowed and shall not be counted until they are weaned.
3. Separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq
ft. in the R -A or R -E zone; see subsection E of this section for exception.
000179
Ordinance No. 297
Page 22
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for
different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1)
animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1)
type of animal allowed on a property, divide the total number of animal units allowed on the property by the
animal unit equivalent for that animal.
Animal Type
Animal Unit
Equivalent
Animal Type
Animal Unit
Equivalent
Bull
1.0
Horse
1.0
Chicken
0.1
Pony
0.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
0.5
Duck
0.1
Pig
0.5
Game Hen
0.1
Rabbit or other fur-
bearing animal of
similar size at
maturity
.05
Goat, female
0.33
Racin_g Pigeon
.05
Goat, male
0.5
Sheep
0.33
Goose
0.16
Turkey
0.16
Guinea Fowl
0.5
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty
thousand (20,000) sq. ft. in area in other zones.
D. Applicability of Lot Area Requirements. Abutting lots under unified control, either
through ownership or by means of a lease, may be combined in order to meet minimum area
requirements for animal- keeping or to keep a greater number of animals, but only for the duration
of such common ownership or lease, and only in zones which allow the keeping of animals as a
principal use.
E. Temporary Exception. In the R -E zone, the community development director may
authorize the keeping of a maximum of two (2) horses on lots of ten thousand (10,000) to twenty
thousand (20,000) square feet, and an exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing, provided that the applicant submits:
1. A completed application form, as provided by the community development director;
2. A county assessor map, in duplicate, showing the applicant's property outlined in red, the
area and structures to be devoted to animal use and the assessor parcel numbers of all contiguous
properties; and
3. A letter of consent from each resident located within one hundred (100) feet of where the
horses are to be kept, maintained or used in any other way. The letter shall contain the assessor
parcel number, address and telephone number of the contiguous resident, and shall state that the
contiguous resident is agreeable to the requested keeping of horses and to the requested reduction
of the distance separation requirements.
F. Apiculture.
1. Street Separation. No beehive or box shall be located or maintained within one hundred
fifty (150) feet of any public road, street or highway, or as determined by the community
development director.
2. Apiary Location. A beehive or box shall be located or maintained a safe distance from an
1 1 #1 �:
Ordinance No. 297
Page 23
urbanized area. For the purpose of this section, an urbanized area is defined as an area containing
three (3) or more dwelling units per acre. As the size of the area increases, the number of
dwelling units must increase proportionately by a minimum of (3) three dwelling units per acre. A
"reasonable distance" shall be determined after investigation by the community development
director. Decisions of the community development director may be appealed pursuant to Section
17.44.090.
3. Dwelling Separation. No beehive or box shall be located or maintained within four
hundred (400) feet of any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet
of any property line common to other property except that it may be adjoining the property line
when such other property contains an apiary, or upon mutual agreement for such location with the
adjoining property owner.
5. Water. Available adequate and suitable water supply shall be maintained on the property
near the apiaries at all times. (Ord. 189 § 3 (8107 -2), 1994)
Section 17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless
such work is accessory to the principal retail use and is done entirely within an enclosed building.
B. Except for required landscaping, the entire open area of the premises shall be
surfaced with concrete or asphaltic concrete.
Section 17.28.050 Reserved.
Section 17.28.060 Reserved.
Section 17.28.070 Produce stands.
A. One (1) sales produce stand per lot is allowed.
B. The produce stand shall be accessory to the permitted plant production on the same lot,
and only if at least ninety -five percent (95 %) of the area of the lot is devoted to plant production.
C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers, and
ornamental plants grown on the same lot and on other lots, under the same ownership, which are
located in the city.
D. The floor area of the produce stand shall not exceed four hundred (400) square feet.
E. The produce stand shall be setback at least thirty (30) feet from any public road, street or
highway. This setback area shall be kept free and clear of impediments in order to provide an area
for off - street parking.
F. The construction thereof shall be of a temporary nature and shall not include a permanent
foundation.
G. One (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty-
two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise
allowed on the property pursuant to Chapter 17.40, are allowed.
Section 17.28.080-17.28.110 Reserved.
Section 17.28.120 Motion picture and TV production, temporary.
Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise
being directed toward neighboring properties, and shall not cause disturbances in normal traffic
flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and
approvals from the city and other city departments, and shall restore the property to its original
condition when such filming is completed. The time limits stated in Chapter 17.20 for temporary
filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994)
Section 17.28.130 Outdoor sales and services, temporary.
Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that
000181
Ordinance No. 297
Page 24
they do not disrupt normal traffic flows and do not result in the blocking of public rights -of -way,
parking lot aisles or required parking spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994)
Section 17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during
the forty-five (45) day period immediately preceding December 25th. Such sales activities shall
not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot
aisles or required parking spaces. All related structures, facilities and materials shall be removed
by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted
identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994)
Section 17.28.150 Temporary buildings during construction.
A mobilehome, recreational vehicle or commercial coach may be used as a temporary
dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that
a building permit for such construction is in full force and effect on the same site. The unit shall
be connected to a water supply and sewage disposal system approved by the Ventura County
environmental health division, and shall be removed from the site within forty -five (45) days after
a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3
(8107 -14), 1994)
Section 17.28.160 Storage of building materials, temporary.
The temporary storage of construction materials is permitted on a lot adjacent to one on
which a valid zoning clearance and building permit allowing such construction is in force, or on a
project site within a recorded subdivision. Such storage is permitted during construction and for
forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994)
Section 17.28.170 — 17.28.230 Reserved.
Section 17.28.240 Bicycle and Skate Parks.
A. Purpose. The purpose of this section is to establish reasonable and uniform limitations,
safeguards and controls for the design, placement and use of facilities and structures (hereinafter
referred to as "Facilities ") for bicycles and skates such as, but not limited to: skateboards,
bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the
impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy,
traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris.
B. Application.
1. Facilities less than forty -two (42) inches in height above adjacent finished grade level,
which cover less than thirty -two (32) square feet of aggregate ground area, and do not have a
platform on which to stand, are exempt from the requirements of subsections C through I of this
section. Such exempt Facilities must otherwise meet the provisions of the zoning ordinance.
2. Those Facilities not exempt may be permitted upon issuance of a zoning clearance
provided all standards of this title are met.
3. Facilities that exceed the standards set forth in subsections C through G of this section
may be authorized by a conditional use permit approved by the director of community
development.
C. Size. No point on a Facility shall extend more than eight (8) feet above adjacent finished
grade level and no Facility or collection of Facilities on a given lot shall cover more than four
hundred (400) square feet of aggregate ground area.
D. Setbacks. All Facilities shall be set back the following distances from all other structures
and property lines:
1. All Facilities shall be set back a minimum of six (6) feet from all other structures.
2. All Facilities shall be set back a minimum of twenty (20) feet from all property lines with
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an additional five (5) feet of setback required for each one (1) foot increase of height over six (6)
feet above adjacent finished grade level.
3. Facilities shall not be located in the area between the public or private right -of -way and
the front of any building on the site, unless the Facility is not visible from the public or private
right -of -way or neighboring building and otherwise conforms to the applicable setback
requirements.
E. Construction Standards. All Facilities shall be constructed so as to minimize visual and
auditory impacts.
1. The sides of all Facilities that are above ground, not including any rails, shall be enclosed
with a solid material, such as plywood.
2. Spaces between finished grade and the lower, horizontal surfaces of the Facility shall be
filled with earth or other suitable solid material.
3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded
with sound - absorbing material such as carpeting.
4. Facilities may be painted, stained, or left in their natural finish. Posters, banners,
handbills, bumper stickers, or signs of any kind shall not be affixed to the Facility, if visible from
neighboring properties. Signage for the Facilities shall be in accordance with Chapter 17.40.
F. Hours of Operation. The use of Facilities shall be limited to daylight hours between nine
(9:00) a.m. and seven (7:00) p.m., Monday through Saturday.
G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or
capable of being safely used for their intended purpose.
I. Hold Harmless. The permittee shall provide the city with a hold harmless agreement,
acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance,
that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or
damage to property, or injury or loss of life arising out of the use authorized by this zoning
clearance.
Section 17.28.250 Reserved.
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Sections:
17.44.010
17.44.020
17.44.030
17.44.040
17.44.050
17.44.060
17.44.070
17.44.080
17.44.090
17.44.100
Chapter 17.44
APPLICATION REVIEW PROCEDURES
Purpose.
Legal lot requirement.
Zoning clearances.
Discretionary permits and exceptions.
Amendments to the general plan, specific plans, zoning map, and zoning code.
Filing and processing of applications.
Public hearing procedures.
Decisions.
Appeals.
Modification, suspension and revocation.
Section 17.44.010 Purpose.
The purpose of this chapter is to establish review procedures for land -use entitlement applications
including permits and variances; and applications to amend or adopt the general plan, specific plans, the
zoning map or zoning ordinance.
Section 17.44.020 Legal lot requirement.
No entitlement shall be granted or permit be issued for construction on a lot, which is not a legal lot, as
defined by the state Subdivision Map Act and the subdivision ordinance.
Section 17.44.030 Zoning Clearance.
A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by
the community development director or designee without a hearing. A zoning clearance certifies that a
proposed use of land or structures meets all requirements of this title and the applicable conditions of any
previously approved discretionary planned development permit, administrative permit and/or conditional use
permit.
B. Applicability. Except as provided in chapter 17.20, a zoning clearance is required prior to the
implementation of uses of land or structures, construction requiring building permits, and the
commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning
and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or
structures:
1. Are permissible under the present zoning on the land and the city's zoning and subdivision
ordinances, planned development permit or conditional use permit;
2. Are compatible with the policies and land use designations specified in the general plan, and any
applicable specific plan;
3. Comply with the applicable terms and conditions of any applicable permit or other entitlement;
4. Are not located on the same site where a violation of this municipal code exists or are not in
violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is
necessary to abate the violation;
5. Are not being requested by or on a site where there are outstanding entitlement, processing or
condition compliance fees owed to the city; and
6. Are consistent with the portions of the county hazardous waste management plan that identify
specific sites or siting criteria for hazardous waste facilities.
C. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless
otherwise indicated by the community development director on the clearance or unless the use of land or
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structures or building construction has commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
Section 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one
discretionary permit or exception application is required for a proposed use or structure, the community
development director may require all applications for the proposed use or structure to be filed, processed,
considered, and decided concurrently through the most stringent decision - making process and by the highest
decision - making authority of the permits and/or exceptions requested.
A. Temporary Use Permit CTUP). A temporary use permit is required prior to initiation of uses
or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a
temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require
review and approval by the community development director to assure compliance with the requirements of
this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public.
One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit
may be revoked by the community development director prior to the expiration date based upon information
that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the
public.
B. Administrative Permit AP). An administrative permit is required prior to the initiation of
uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by
the community development director is required to assure compliance with the provisions of the Moorpark
Municipal Code. An administrative permit application is subject to site plan and architectural review.
Notice of a pending decision on an administrative permit shall be mailed by the community development
director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning
compliance of the proposed use or structure with the general plan, municipal code, or other applicable
regulations will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the permit, deny the permit, or approve the permit
subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal
code, and any other applicable regulations.
C. _Planned Development (PD) Permit. A planned development permit is required prior to
initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by the
planning commission and city council through a public hearing process is required to assure the project
design complies with the provisions of this title and the general plan, and is compatible with neighboring
properties. A planned development permit application is subject to site plan and architectural review and
may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles
and colors of all proposed buildings, structures and other on -site improvements, landscaping design,
neighborhood design, and permitted land uses shall be established as part of the planned development permit
review and approval process. Any change to the initial permitted land uses shall require a modification
consistent with the requirements of section 17.44.100. The planning commission and city council shall each
hold at least one (1) public hearing on any planned development permit application. Following a public
hearing, the planning commission shall make a written recommendation to the city council whether to approve,
conditionally approve, or deny the application. The city council shall be the decision authority for all planned
development permits. Prior to approving, conditionally approving, or denying an application for a planned
development permit, the city council shall adopt written findings, by resolution, based upon substantial
evidence in view of the whole record to justify the decision. In order for a planned development permit to
be approved, the city council shall find that:
1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any
applicable specific plans, zoning ordinance, and any other applicable regulations;
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2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding area.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of
uses in a given zone as specified by chapter 17.20 of this title where review by the planning commission and
city council through a public hearing process is required to determine if the proposed use complies with all
necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of right, but
is subject to site plan and architectural review and may be approved, conditionally approved, or denied.
Prior to approving, conditionally approving, or denying an application for a conditional use permit, the city
council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole
record to justify the decision. In order for a conditional use permit to be approved, the city council shall find
that:
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance,
and any other applicable regulations;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area;
3. The proposed use is compatible with the scale, visual character, and design of surrounding
properties;
4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring
property or uses; and
5. The proposed use would not be detrimental to the public health, safety, convenience, or
welfare.
6. Additional Finding for Hazardous Waste Facilities. The following additional finding is
required for the approval of conditional use permits for hazardous waste facilities:
a. The proposed hazardous waste facility is consistent with the portions of the county
hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities.
7. Additional Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use permits for establishments selling
alcoholic beverages:
a. The use will not result in an over concentration in the area of establishments selling
alcoholic beverages;
b. The use will serve a public convenience;
C. The use will not create the need for increased police services;
d. The requested use at the proposed location will not adversely affect the economic welfare of
the community; and
e. 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 or impair
property values within the neighborhood.
E. Variance. A variance is an adjustment in the regulations contained in this title. A variance
is based on discretionary decisions and may be granted to allow deviations from ordinance regulations
governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street
parking, landscaping and wall, fencing and screening standards. A variance shall be processed in
accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a
substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned
development permit, conditional use permit and as provided in subsection F. of this section, variance
requests shall be heard and decided by the planning commission through a public hearing process. Prior to
approving, conditionally approving, or denying an application for a variance, the planning commission shall
adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify
the decision. In order for a variance to be approved, the decision - making authority shall find that:
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1. There are special circumstances applicable to the subject property with regard to size, shape,
topography, location or surroundings, such that the strict application of the zoning regulations denies the
property owner privileges enjoyed by other property owners in the vicinity and under identical zoning
districts; and
2. The granting the requested variance will not confer a special privilege inconsistent with the
limitations upon other properties in the same vicinity and zone; and
3. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
4. The granting of such variance will not be detrimental to the public health, safety or general
welfare, nor to the use, enjoyment or valuation of neighboring properties; and
5. The granting of a variance in conjunction with a hazardous waste facility will be consistent
with the portions of the county's hazardous waste management plan (CHWMP) that identify specific sites or
siting criteria for hazardous waste facilities.
F. Administrative Exception.
1. An administrative exception may be granted by the community development director for
minor adjustments to the zoning regulations. An administrative exception may be granted only in the
following situations:
a. To allow a decrease of up to twenty percent (20 %) in any required minimum setback,
provided that such exception may be granted only once from the minimum standard adopted by this code or
any planned development permit approved consistent with this code;
b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of
one (1) foot in setback areas, except in a required sight triangle;
C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area or
sign height;
d. To allow up to a five- percent (5 %) decrease in the required lot area for second units.
2. A notice of a pending decision on an administrative exception shall be mailed out to the
adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at
least ten (10) days prior to the date of the decision. Public comments concerning the administrative
exception will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the exception, deny the exception, or approve the
exception subject to conditions, if necessary for the exception to comply with the general plan, municipal
code, and any other applicable regulations. The director's decision is final unless appealed within ten (10)
day in accordance with section 17.44.090. In the approval of an administrative exception the director shall
find that:
a. The granting of the exception will not create negative impacts to abutting properties; and
b. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
C. The granting of the exception is consistent with the general plan and/or any applicable
specific plan.
Section 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code.
A. Authori . The adoption or amendment of a general plan element or map, specific plan,
zoning map or zoning ordinance is a legislative act. The planning commission and city council shall each hold
at least one (1) public hearing on any general plan, specific plan, or zoning amendment request. Following a
public hearing, the planning commission shall make a written recommendation to the city council whether to
approve, approve in modified form, or disapprove any proposed amendment. The city council shall be the
decision authority for all general plan amendments, specific plans, and zoning amendment requests.
B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning
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code may be initiated by either of the following methods:
1. By the owner or the owners agent of the affected property filing an application with the
community development director.
2. By the adoption of a resolution of intent by the city council either directly or upon the
recommendation of either the planning commission or the community development director.
C. Pre - Screening. Applications for general plan amendments proposed pursuant to Section
17.44.050(B)(1) shall only be accepted following successful completion of a pre- screening application
review as established by resolution of the city council.
D. Study of Additional Area. The community development director, upon review of an
application or resolution of intention for an amendment to the general plan map, any specific plan map, or
zoning map may elect to process the study of additional areas for amendment concurrently with the
amendment request.
Section 17.44.060 Filing and processing of applications.
A. Submission of Applications. An application for a zoning clearance, discretionary permit or
variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property
owner. The application shall be filed with the community development director, conform to the requirements
of this title, contain all required materials and information prescribed by the forms supplied by the community
development director, and be accompanied by the appropriate processing fees as established by city council
resolution.
B. Fees.
1. Payment at Time of Application Submittal. Each application request shall be accompanied
by payment of the required fee established by Resolution of city council. No filing fee shall be charged or
collected for any application or appeal filed and signed by two planning commissioners or any individual
city councilmember in their official capacity.
2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or
construction has begun prior to the granting of any required zoning clearance, discretionary permit or
exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement
activities at the time the application is submitted as determined by the community development director.
Payment of such additional fees shall not relieve persons from fully complying with the requirements of this
code, nor from any other penalties prescribed herein.
3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on
the permit or variance the community development director shall include, as a condition of approval, the
requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution.
C. Existing Violations. No application pursuant to this title shall be accepted for processing if
there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the
affected lot or building, until the violation is abated, unless the community development director has
determined that acceptance of the application is necessary to abate the existing violation.
D. Reapplication. No application pursuant to this title shall be accepted for processing for one
(1) year after a denial decision has become effective on a similar application as determined by the
community development director.
E. Content of Applications. The content of applications shall be determined by the community
development director and may include, but not be limited to site plans, building or structure elevations (in
color with building materials identified), floor plans, samples of exterior finishing materials, and
identification of development phases, if any.
F. Completeness of Application. A determination as to the completeness of an application
pursuant to this title shall be made by the community development director and the applicant shall be
notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an
Ordinance No. 297
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application under this title. Legislative acts, such as general plan amendments, zoning ordinance
amendments, zone changes, amendments to specific plans, specific plan adoption, and development
agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an
incomplete application may be terminated if no reasonable effort has been made by the applicant to
complete the application for a period of ninety (90) days from the date of notification of incompleteness. All
unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted
by the community development director upon written request by the applicant showing good cause.
G. Review and Conditioning of Applications.
1. Agency Review. The community development director or designee may solicit comments
and recommendations on a permit or variance application from any city department, permitting agency,
service provider, and other interested party as deemed appropriate by the director or designee for the specific
application.
2. Consultant Review. The community development director or designee may refer any
application request to an independent, qualified consultant for review and evaluation of issues beyond the
expertise or staffing capabilities of the city. The costs for all such consultant work combined with the
administrative charge in effect at the time for management of the consultant contract shall be borne by the
applicant and are independent of the fees paid to the city for the processing of the application request.
3. Securities. Except as otherwise specified in this title, the decision - making authority may
require a performance security on any discretionary entitlement as a condition of such entitlement. The
security(ies) shall be filed in a form acceptable to the city attorney and certified by the city clerk.
a. The required amount of the security(ies) may be increased periodically by the community
development director in order to compensate for inflation (based on the applicable regional Consumer Price
Index) or other factors, so that the same relative value of the security is maintained over the life of the
permit, and to assure that performance securities continue to reflect the actual anticipated costs for
completing a required task. No security shall be released until after all of the applicable conditions of the
permit have been met.
b. In the event of any failure by the applicant to perform or comply with any term or condition
of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a
public hearing, determine by resolution the amount of the penalty, and declare all or part of the security
forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the
forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of
the sum of the security for damages or injury, nor from expense or liability suffered by the city from any
breach by the applicant of any term or condition of the discretionary entitlement or of any applicable
ordinance or of the security.
C. The applicant shall maintain the minimum specified amount of a penal security throughout
the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall
restore the security to the required level.
4. Abandoned Oil /Gas Wells. All applications will be reviewed for the location over or near
any abandoned or idle- deserted oil or gas well, based on maps provided by the State of California
Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will
notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s).
H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in
the conditions of the permit or variance, permits and variances being processed for renewal shall remain in
full force and effect until the renewal request is acted on and all administrative appeals have been exhausted,
provided that the renewal application was accepted as complete by the city prior to the expiration of the
permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect.
Section 17.44.070 Public hearing procedures.
A. Notice. For applications pursuant to this title requiring a public hearing before the city
council or planning commission, the community development director shall prepare a public hearing notice.
The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a
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general explanation of the matter to be considered, and a general description, in text or by diagram, of the
location of the real property, if any, that is the subject of the hearing.
1. Publication. The community development director shall give notice of the public hearing,
consistent with the requirements of this section by publication at least ten (10) days prior to the hearing in a
newspaper of general circulation within the city, unless otherwise required by State or Federal statute.
2. Mailing. The community development director shall mail the notice of the public hearing
on permit or variance applications pursuant to Government Code Section 65091, as the same may be
amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest
adjusted Ventura County Tax Assessor Roles, within one - thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing for all applications except applications affecting property
completely within the downtown specific plan boundaries and applications affecting one (1) single - family
residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted
Ventura County Tax Assessor Roles, within three- hundred (300) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is
greater than 1,000, the community development director may provide notice by placing a display
advertisement of at least one - eighth page in a newspaper of general circulation within the city at least ten
(10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the
appellant and the decision - making authority whose order, requirement, permit, decision or determination is
the subject of the appeal at least ten (10) calendar days prior to the hearing.
3. Simon•
a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall
install at least one non - illuminated sign on the subject property to notice the hearing. The sign shall be
thirty-two (32) square feet in area, not exceed eight (8) feet in height, and be placed in an area of the
property most visible to the public, not more than five (5) feet from the front property line in residential
areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At
least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of
the subject property. The community development director may reduce the number of signs, however the
reduction shall be no less than one sign per street frontage.
b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill
in the application name provided by the community development director) Case No. (fill in the case number
provided by the community development director)." The content of the sign shall describe the type of
project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives
such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the
telephone numbers and e-mail addresses of the developer and of case planner assigned to the application
shall also be included on the sign. The public hearing sign shall not contain any additional information
unless approved by the community development director.
C. The sign shall be removed from the property not more than twelve (12) calendar days after
the final action by the city on the application.
B. Hearing Process. For all discretionary entitlement applications with the exception of
administrative permits, temporary use permits, and administrative exceptions, the decision - making
authority(ies) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing,
the community development director shall prepare a report on the project, along with any recommendations,
and provide copies of the report to the decision - making authority, the applicant and parties requesting copies
of the report. Presentation of the director's report and the public hearing process shall follow the hearing
process as described in the adopted rules of the planning commission and city council.
C. Referral for Information, Report, or Study. The planning commission may refer an
application back to the community development director for further report, information, or study. The city
council may refer a matter back to the planning commission or the community development director for
further report, information or study.
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Section 17.44.080 Decisions.
A. Decision Options. The decision - making authority reviewing an application for a
discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the
application being reviewed. The authority may impose such conditions and limitations as it deems necessary
to assure that the general purpose and intent of this title and the Moorpark Municipal Code will be observed.
All conditions and restrictions applied to a decision on an application shall automatically continue to govern
and limit the subject use or structure unless the action of the decision - making authority clearly indicates
otherwise or the action of the decision - making authority is appealed.
B. Time Limits. All decisions on applications made pursuant to this title shall be made in
compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most
recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the
community development director and applicant as permitted by the Permit Streamlining Act.
C. Notice of Decision. The community development director shall notify the applicant of a
decision by the planning commission within thirty (30) calendar days following the effective date of a
decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30)
calendar days following the effective date of a decision. The notification shall be provided in writing and
transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case
of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision.
D. Effective Date of Decisions.
1. A decision by the community development director or planning commission is effective ten
(10) calendar days from the date of decision unless an appeal is filed with the community development
director.
2. A decision of the city council is effective on the date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an
authority's decision until the expiration of the decision -maker authority's appeal period or until the appeal
has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision -
making authority are stayed pending the consideration of the appeal.
F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or
exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one
(1) year from the date of approval unless the use is inaugurated in accordance with this title and the
application conditions. The applicant is solely responsible for the timely renewal of any application. The
city has no obligation to notify the applicant of the imminent expiration of the application. An application
for a time extension shall be filed with the community development director at least ninety (90) calendar
days prior to the date of expiration. The time extension application shall be filed on the forms supplied by
the community development director and shall be accompanied by the submittal requirements specified by
the director and the appropriate filing fee. The time extension process shall conform to the process for the
original permit or exception identified in section 17.44.060. In considering a request for a time extension,
the decision - making body may approve the request, deny the request, or modify or add to any conditions of
approval originally imposed due to changed circumstances since the permit or exception was originally
considered.
Section 17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the community development director authorized by this title,
unless otherwise pre - empted, may be appealed by any person to the planning commission. The appellant
shall file the appeal in writing, along with the applicable fee, with the community development director.
The appellant shall state the reasons for the appeal and relate the reasons to the required findings for
approval of the application.
2. All actions and decisions of the community development director authorized by this title
may be appealed by any person to the planning commission. All actions of the planning commission
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authorized by this title may be appealed by any person to the city council. The appellant shall file the appeal
in writing, along with the applicable fee, with the city clerk with a copy of the appeal filed with the
community development director. The appellant shall state the reasons for the appeal and relate the reasons
to the required findings for approval of the application.
3. The planning commission is the final authority on appeals of the community development
director, unless the action is appealed to the city council within the required time limits of section
17.44.090B. The city council is the final approval authority for appeals of planning commission actions
when filed within the time limits of section 17.44.090B.
B. Time Limits. All appeals shall be filed with the appropriate designated person as specified
above no later than the close of business ten (10) calendar days after the date of the final action of the decision -
making authority. If the tenth calendar day after the date of final action occurs on a day that the city is closed
for business, the appeal may be filed before the close of business on the next day that the city is open for
business.
C. Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as
established by Resolution of the city council, unless exempt per Section 17.44.060(B)(1). No fee shall be
required when the item is appealed by a city councilmember.
D. Appeal Process.
1. The appellate body shall review the project application in the same form as reviewed by the
original decision maker and the review shall be conducted de novo.
2. An appeal shall be subject to the same type of public action process (i.e., action item
without public hearing or public hearing item) and public noticing as required for the original project
application.
3. An appeal shall be scheduled for the next available regular meeting of the appellate body
following completion of the required legal notice provisions.
Section 17.44.100 Modification, suspension and revocation.
A. Modification of Permits. An application for modification of an approved discretionary permit
or approved variance pursuant to this section may be filed by any person or entity listed in Section
17.44.060(A). Any change of an approved discretionary permit is also a discretionary decision and shall be
classified into one (1) of the following three (3) categories:
1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this
title, nor any findings contained in the environmental documentation prepared for the permit, and would not
have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by
the community development director or designee without a hearing. Any change shall conform to the
development requirements of this title or adopted specific plan. Such changes many include, but are not
limited to, the following:
a. A maximum of ten percent (10 %) increase or decrease in floor area but not more or less
than five thousand (5,000) square feet, respectively;
b. A maximum of ten percent (10 %) increase or decrease in the area or height of walls, fences
or similar structures used as screening;
C. A maximum of ten percent (10 %) increase or decrease in provision for landscaping or
similar standards or dimensions;
d. Internal remodeling or minor exterior architectural changes or embellishments involving no
change in basic architectural style;
e. A change in use where the new use requires the same or a lesser permit than the approved or
existing use; or the establishment of a new use in an unoccupied building for which a permit has been
granted.
2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment,
but is not extensive enough to be considered a substantial or fundamental change in the approved
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entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding
properties, and would not change any findings contained in the environmental documentation prepared for
the permit, may be deemed a permit modification by the community development director. Action on the
permit modification application shall be by the decision - making body that approved the original permit by
the same type of public action process (i.e., action item without public hearing or public hearing item) and
public noticing as required for the original project application.
3. New Permit Required. Any proposed modification that does not meet the criteria for a
permit adjustment or permit modification shall require a new permit application.
B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or
hereafter granted may be revoked, modified or its use suspended, by the same decision - making authority and
procedure which would approve the permit or variance under this title. Prior to taking any action the
applicant shall be given notice by U.S. Mail at least ten (10) business days prior to the date of the proposed
revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any
such revocation, modification or suspension. An application for such modification, suspension or revocation
may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or
revocation shall have the burden of proving one (1) or more of the following causes:
1. The application request, which was submitted, was not in full, true and correct form.
2. The entitlement for which an approval was granted does not comply with the terms and
conditions of the entitlement.
3. The entitlement was issued erroneously.
4. The project is not in compliance with terms or conditions of the permit or variance;
5. The project subject to the permit or variance, or any portion thereof, is or has been used or
maintained in violation of any statute, ordinance, law or regulation;
6. The use for which the permit or variance was granted has not been exercised for at least
twelve (12) consecutive months, has ceased to exist, or has been abandoned;
7. The use for which the permit or variance was granted has been so exercised as to be
detrimental to the public health, safety or general welfare or as to constitute a nuisance;
8. Changes in technology, or in the type or amount of development in the vicinity of the use,
or other good cause warrants modification of conditions of operation or imposition of additional conditions
of operation to assure that the use remains compatible with existing and potential uses of other property
within the general area in which the use is located.
C. Non - waiver. The failure of the community development director, planning commission or
city council to revoke a variance or permit, or to suspend its use, whenever cause therefore exists or occurs,
does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension
of the use.
D. Prohibition. No person shall carry on any of the operations authorized to be performed
under the terms of any permit or variance during any period of suspension thereof, or after the revocation
thereof, or pending a judgment of court upon any application for writ taken to review the decision or order
of the final appeal body in the city in suspending or revoking such permit or variance; provided, however,
that nothing herein contained shall be construed to prevent the performance of such operations as may be
necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance
or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or
such operations as may be required by other laws and regulations for the safety of persons and the protection
and preservation of property.
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