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HomeMy WebLinkAboutAG RPTS 2003 0219 CC REGResolution No. 2003 -2051 Ordinance No. 292 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 19, 2003 6:30 P.M. Moorpark Communitv Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: 799 Moorpark Avenue A. Certificate of Recognition honoring William Poleri, for his service as an Air Pollution Control District Advisory Committee member. B. Proclamation recognizing the month of March 2003 as Red Cross Month. 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.) ------------------------------------------------------------------------------------------------- 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 February 19, 2003 Page 2 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2. 8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: A. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments. (Continued from January 15, 2003, with public hearing open.) Staff Recommendation: Continue the public hearing, open, to March 5, 2003. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Building Elevations for New Police Services Center. Staff Recommendation: Approve the building elevations for the new Police Services Center. (Staff: Hugh Riley) B. Consider Ordinance No 291 Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6. Staff Recommendation: Introduce Ordinance 291 for first reading and waive full reading of the ordinance. (Staff: Deborah Traffenstedt) C. Consider Contribution to Moorpark High School Academic Decathlon Team Travel Cost for State Championship. Staff Recommendation: Direct staff as deemed appropriate. Regular City Council Meeting Agenda February 19, 2003 Page 3 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of December 19, 2001. Consider Approval of Minutes of Regular Meeting of January 16, 2002. Consider Approval of Minutes of Regular Meeting of April 17, 2002. Consider Approval of Minutes of Regular Meeting of Ma 15, 2002. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - February 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 111871 - 111873 & $ 20,005.50 111938 111964 - 111971 $ 12,489.00 Regular Warrants 111874 - 111932 & $ 14,984.73 111933 - 111963 $ 698,521.02 Staff Recommendation: Approve the warrant register. C. Consider Approval of the 2003 Agreement for Services with the Moorpark Chamber of Commerce. (Continued from February 5, 2003) Staff Recommendation: Approve and authorize the City Manager to sign the 2003 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce. (Staff: Hugh Riley) D. Initiate Proceedings Related to the Levy of Assessments for Assessment District (AD)84 -2, AD01 -1, and AD01 -2 & AD01 -3 for Fiscal Year 2003/2004. Staff Recommendation: Adopt Resolution No. 2003- authorizing preparation of an Engineer's Report for AD84 -2, AD01 -1, AD01 -2 and AD01 -3 for FY 2003/04. (Staff: Kenneth Gilbert) Regular City Council Meeting Agenda February 19, 2003 Page 4 10. CONSENT CALENDAR: (Continued) E. Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. Staff Recommendation: Approve the Cooperative Agreement and authorize the City Manager to execute the agreement on behalf of the City. (Staff: John Brand) F. Consider Resolution Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application to the California Department of Conservation Division of Recycling. Staff Recommendation: Adopt Resolution No. 2003 - (Staff: John Brand) G. Consider Request from Holy Cross Catholic Church to Authorize Temporary Parking Along Miller Parkway for Easter Sunrise Mass. Staff Recommendation: Approve the request from Holy Cross Catholic Church to authorize temporary parking along Miller Parkway for an Easter Sunrise Mass, based on the conditions as outlined in the agenda report. (Staff John Hartnett) H. Consider Adoption of a Resolution Amending the FY 2002/03 Budget and Authorize Recordation of the Notice of Completion for the Community Center Breezeway Repairs. Staff Recommendation: 1) Adopt Resolution No. 2003- amending the FY 2002/03 Budget by appropriating $12,380 from the General Fund Reserve Balance for additional repairs to the Community Center Breezeway; and 2) Accept work as complete, and authorize the recordation of the Notice of Completion. ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) I. Consider Adoption of a Resolution Amending the Fiscal Year 2002/2003 Budget Appropriating Gas Tax Funds for the Purchase of Portable Lights. Staff Recommendation: Adopt Resolution No. 2003- , amending the FY 02/03 budget by appropriating $15,000 from the Gas Tax Reserves (2605) to the Street Maintenance expenditure budget. ROLL CALL VOTE REQUIRED (Staff: Mary Lindley) 11. ORDINANCES: None. Regular City Council Meeting Agenda February 19, 2003 Page 5 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- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Monte Louis Abbath Under Negotiation: Price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 093 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Benjamin and Peter Duarte Under Negotiation: Price and terms of payment. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. 13. ADJOURNMENT: ----------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). ITEM 8 • A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry R. Hogan, Community Development Direc Prepared By: Paul Porter, Principal Planne , DATE: February 11, 2003 (CC Meeting of 2/19/03) SUBJECT: Consider Industrial Planned Development Permit No. 2000- 10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). DISCUSSION The newly reorganized Ad Hoc Committee comprised of Councilmember Millhouse and Councilmember Parvin met with the applicant on December 19, 2002, to negotiate a Development Agreement. On January 6, 2003, the applicant informed staff that due to personal reasons, negotiation of the Development Agreement would not be completed by January 15, 2003, therefore City Council continued the item, public hearing open, from January 15, 2003 to February 19, 2003. The applicant has submitted an offer to the City, which was discussed by the Ad Hoc Committee on February 5, 2003; however, negotiations between the applicant and the Ad Hoc Committee have not yet concluded. It is staff's hope to have negotiations concluded prior to the next City Council meeting. STAFF RECOMMENDATION Continue the matter, public hearing open, to March 5, 2003. S: \Community Development \DEV PMTS \I P D \2000 \10 Asadurian \Staff Report \cc 030305.doc 000001 TO: From: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable Mayor and City Council ITEM 9 • A . Hugh R. Riley, Assistant City Manager's February 11, 2003(Meeting of 2/19/03) SUBJECT: Consider Building Services Center DISCUSSION: Elevations for New Police On October 30, 2002 the City Council considered the concept design for the new Police Services Center prepared by WWCOT Architects of Santa Monica. At that time the Council approved the floor plan schematic and the proposed site plan and gave tentative approval to the building's elevations. During discussions with staff the originally proposed elevations were reexamined and several additional alternatives were prepared in an effort to address concerns expressed by the City Council. The Project Design Committee together with the Community Development Director, are prepared to recommend a new building elevation concept. A graphic presentation of that concept is provided in a separate binder. Material and color samples depicting features for the building recommended by the design committee are available for viewing at City Hall. STAFF RECOMMENDATION: Approve the building elevations for the new Police Services Center. 000002 lok R- KI nnapnR►( Pnl 1t:E SERVICES CENTER CA 0 south Elevation wjmv"c4- 0%-rti� 1'"'r -LM It - -6 - A�c�._ 40—m'.' yto . 1?9 /eorn,. /sf-1wad MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1 DATE: February 13, 2003 (CC Meeting of 2/19/03) SUBJECT: Consider Ordinance No. 291 Amending Chapter 6.04 General Provisions, Chapter 6.08 Animal Control, Chapter 6.12 Impoundment, and Chapter 6.16 Licensing of Cats and Dogs, of Title 6, Animals, to Allow Designated City Staff to Enforce Title 6 BACKGROUND AND DISCUSSION The City Council introduced Ordinance No. 291 for first reading on February 5, 2003. Corrections were determined to be needed, including revision to the title of the ordinance. Staff is, therefore, recommending that the City Council re- introduce Ordinance No. 291 for first reading. Second reading could then be scheduled for March 5, 2003. STAFF RECOMMENDATION Introduce Ordinance No. 291 for first reading and waive full reading of the ordinance. 000005 ORDINANCE NO. 291 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 6.04 GENERAL PROVISIONS, CHAPTER 6.08 ANIMAL CONTROL, CHAPTER 6.12 IMPOUNDMENT, AND CHAPTER 6.16 LICENSING OF CATS AND DOGS, OF TITLE 6, ANIMALS, TO ALLOW DESIGNATED CITY STAFF TO ENFORCE TITLE 6 WHEREAS, the City Council determined that it is necessary to provide for animal control in the City to protect public health, property and the quality of life for the community; and WHEREAS, on June 20, 2000, the City Council determined that certain City staff shall provide animal control services in the City, in addition to, and in lieu of, animal control services provided by the county of Ventura Animal Regulation Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.010 of Chapter 6.04 is hereby amended in its entirety to read as follows: Section 6.04.010 Definitions. For the purposes of this chapter, unless the context otherwise requires: The terms "animal regulation department ", "department of animal regulation ", "department of animal control" and "animal control department" mean the county of Ventura animal regulation department, and /or the City Animal /Vector Control Division, as designated by the City Manager. The term "animal pound" means any dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the City, Ventura County, or any other entity on behalf of the City, or under contract to the City. The term "county health officer" means the Ventura County health officer and any duly appointed deputy thereof. 000006 Ordinance No. 291 Page 2 The terms "director of the animal regulation department ", "director of animal control" and " poundmaster" mean the person in charge of the animal regulation department of the county of Ventura and any duly appointed deputy of the director of the animal regulation department, and the City Manager, and any duly authorized job classification of city officers and employees or other person designated by resolution of the City Council to exercise duties and authority of the poundmaster. A person "harbors" a dog when he or she feeds or shelters the dog for a period of thirty days or longer. The term "livestock" includes horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets. A person is the "owner" of an animal when he or she has either legal title to the animal or has the legal right of custody of the animal. A dog "runs at large" when it is upon private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash. Livestock "runs at large" when upon livestock property without the permission of the person owning or occupying the property, or when upon public property and not under the immediate control of a responsible person capable of controlling such animal. The term "tax collector" means the Ventura County tax collector and any duly appointed deputy thereof. SECTION 2. Section 6.08.030 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.030 Leash Requirements. It is unlawful for any person who has the charge or control of a dog to be in a location other than on the property of such person or the property of the owner of the dog including on any public street, alley, lane, park or place 0007 Ordinance No. 291 Page 3 of whatever nature open to and used by the public, in the City unless such dog is securely leashed and the leash is no longer than eight feet and held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle. It is unlawful for any person to suffer or permit any dog owned, harbored or controlled by such person to be on any private property in the City without the permission of the person owning or occupying said private property. Every person who violates any of the provisions of this section is guilty of an infraction. SECTION 3. Section 6.08.060 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.060 Authority to inspect animals or licenses. Any person who has an custody or control that refuses to exhibit such inspection upon demand officer, or duly author misdemeanor /infraction. animal in his or her possession, willfully or maliciously fails or animal or any license therefor for by the poundmaster or any peace ized City employee is guilty of a SECTION 4. Section 6.08.070 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.070 Noisy animals. Any person who keeps or permits to remain upon any property in the City under his or her ownership or control, other than in an appropriately zoned and licensed kennel or animal hospital, any dog or other animal which by continuous barking, whining or other noise unreasonably disturbs the peace, comfort or quiet of any resident of the neighborhood shall be guilty of a misdemeanor /infraction. SECTION 5. Section 6.08.090 of Chapter 6.08 is hereby amended in its entirety to read as follows: Section 6.08.090 Dog defecation -- Removal. A. It is unlawful for the owner or person having custody of any dog to suffer, permit, or allow such dog to Ordinance No. 291 Page 4 defecate on any private property in the City without the consent of the owner or person in lawful possession of the property or on any public property in the City. B. It is unlawful for the owner or person having custody of any dog that defecates on any private property in the City without the consent of the owner or person in lawful possession of the property or on any public property in the City to fail to immediately remove the feces by placing it in a closed container or to thereafter fail to deposit the feces in a trash receptacle. C. Every person who violates any provisions of this section is guilty of an infraction. The provisions of this section shall not apply to on -duty police dogs and to a person with a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) who is accompanied by a service animal, which has been trained by a person, licensed under Section 7200 et. seq. of the Business and Professions Code. SECTION 6. Chapter 6.12.010 is hereby amended in its entirety to read as follows: Section 6.12.010 Poundmaster -- Enforcement authority. It shall be the duty of the director of the animal regulation department or any duly authorized City officer or employee to discharge the duties of poundmaster, and to enforce the provisions of this title and any resolution of the City Council adopted pursuant hereto. SECTION 7. Section 6.12.020 of Chapter 6.12 is hereby amended in its entirety to read as follows: Section 6.12.020 Interfering with poundmaster prohibited. Every person who breaks open a dog pound, animal shelter, temporary pound, or pound vehicle, or who willfully resists, delays, or obstructs the poundmaster or duly authorized City employee in the discharge of, or attempt to discharge, any 000009 Ordinance No. 291 Page 5 duty of his or her office, is guilty of a misdemeanor /infraction. SECTION 8. Section 6.16.040 of Chapter 6.16 is hereby amended in its entirety to read as follows: Section 6.16.040 Fee. A. The fee for the license required by this chapter shall be as prescribed by resolution of the Ventura County Board of Supervisors, unless superceded by resolution of the City Council. B. The fee prescribed for a dog or cat which has been spayed or neutered, as verified by a veterinarian's certificate, shall be no more than fifty percent (500) of the fee for a dog or cat of the same sex which has not been spayed or neutered. SECTION 9. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 10. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 11. 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. 000010 Ordinance No. 291 Page 6 PASSED AND ADOPTED this 19th day of February, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000011 ITEM q • C . G, ITEM NO. 9.C. Verbal Report Consideration Moorpark High Team Travel Championship. AI- of Contribution to School Decathlon Cost for State No Staff Report 000012 MINUTES OF THE CITY COUNCIL Moorpark, California ITEM 10 . A. December 19, 2001 A Regular Meeting of the City Council of the City of Moorpark was held on December 19, 2001, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Mikos called the meeting to order at 7:00 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: John Libiez, Allegiance. 4. ROLL CALL: Present: Absent: Planning Manager, led the Pledge of Councilmembers Harper and Wozniak, and Mayor Pro Tem Mikos. Councilmember Millhouse and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Kenneth C. Gilbert, Public Works Director; Mary K. Lindley, Community Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; John Brand, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Libiez, Planning Manager; Joseph F. Fiss, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk /Acting Community Development Director, and La -Dell VanDeren, Deputy City Clerk. OCC20 :13 Minutes of the City Council Moorpark, California Paqe 2 December 19, 2001 5. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Mr. Kueny deferred the monthly report due to the length of the agenda. 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, commented on a recent Fire Department training session and the possible effect on air quality, enforced cleanup at his residence, and the duration of the traffic signal lights at Los Angeles Avenue. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Mikos stated that Item 9.C. would be moved to the end of the meeting following the Consent Calendar because it requires a 4 /5th's vote. Councilmember Harper requested that Item 9.E. be discussed before Item 9.A. CONSENSUS: By consensus, the City Council determined to reorder the agenda to discuss Item 9.E. before Item 9.A., and discuss Item 9.C. after the Consent Calendar. 8: ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem Mikos requested a future agenda item regarding what options the City could explore to establish a more formal working relationship with the Santa Monica Mountains Conservancy. Councilmember Harper requested a report on the status of a City Habitat for Humanity Project as a future agenda item. He also requested that staff contact Gene Kjellberg at the County of Ventura and provide an update on the County Open Space Conservation District. Mayor Pro Tem Mikos concurred. Mayor Pro Tem Mikos invited following events: 1) Moorpark 4, 2002 from 7:00 p.m. to 10 Recreation Center; 2) "Skate teens to participate in the "After Dark Dance" on January 00 p.m., at the Arroyo Vista Board Contest" on January 9, • , 'n 14 Minutes of the City Council Moorpark, California Paae 3 December 19, 2001 2002, from 3:30 p.m. to 4:30 p.m., at the Arroyo Vista Skate Park; 3) "Snowboard and Ski Day" on January 28, 2002 from 6:00 a.m. to 6:00 p.m., at the Mountain High Ski Resort. Mayor Pro Tem Mikos encouraged residents to donate new and used blankets to the "Winter Warm -a -Thou Blanket Drive," which is coordinated by the Moorpark Teen Council and Teens for Humanities. She announced that curbside Christmas tree recycling would be provided on regularly scheduled rubbish collection days from December 26, 2001, to January 11, 2002. She noted, however, that collection of regular rubbish would be delayed by one day during the week after Christmas Day and New Year's Day. 9. PUBLIC HEARINGS: E. Consider Report and Recommendation of the Affordable Housing /Community Development Committee Concerning General Plan Pre - Screening Application for U.S.A. Properties Fund, Inc. (General Plan Amendment Pre - Screening Application No. 2001 -01). Staff Recommendation: 1) Open public hearing, receive testimony, and close public hearing; and 2) Authorize U.S.A. Properties Fund, Inc. to submit a General Plan Amendment application and authorize concurrent processing of all necessary applications to develop the senior housing project. Mr. Fiss gave the staff report. Mayor Pro Tem Mikos opened the public hearing. John Newton, 165 High St., Suite 103, Moorpark, CA, representing U.S.A. Properties, expressed his concurrence with the staff report and recommendation. He reviewed the cost elements and the State's schedule on the tax bond allocations. Councilmember Harper stated that the project is an excellent land use and that there is a tremendous need for senior housing. He further stated that the Affordable Housing /Community Development Committee recommends that the City Council allow this particular application to go forward. Mayor Pro Tem Mikos closed the public hearing. r 0 0 Minutes of the City Council Moorpark, California Paqe 4 December 19, 2001 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to authorize U.S.A. Properties Fund, Inc., to submit a General Plan Amendment application and authorize concurrent processing of all necessary applications to develop the senior housing project. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. A. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single - family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council Meeting of December 5, 2001.) Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; 2) Adopt Resolution No. 2001 - certifying the Final Environmental Impact Report (SCH 1994081075) for the North Ranch at Moorpark development project (West Pointe Homes); 3) Adopt Resolution No. 2001- approving General Plan Amendment 99 -01 for the North Ranch at Moorpark development project (West Pointe Homes); 4) Introduce Ordinance No. for first reading adopting Zone Change 99 -01 for the North Ranch at Moorpark development project; and 5) Adopt Resolution No. 2001 - approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02 for the North Ranch at Moorpark development project, subject to conditions as contained therein, and authorize the City Manager to make final corrections in language. Mr. Libiez gave the staff report and recommended that the public hearing be continued to January 16, 2002, to allow staff sufficient time to complete the necessary revisions to the project and conditions of approval, pursuant to City Council direction. Mayor Pro Tem Mikos announced that the public hearing was still open. In response to Councilmember Harper, Mr. Kueny replied that the final Environmental Impact Report (EIR) was 011-1-0:16 Minutes of the City Council Moorpark, California Paqe 5 December 19, 2001 received yesterday and suggested that the public hearing be left open in order to give the public an opportunity to comment on the project. He recommended that the City Council take action on the EIR and all other items at the January 16, 2002, meeting. Vince Daly, 31304 Via Colinas, Westlake Village, CA, representing West Pointe Homes, stated that he and his colleagues were available to answer any questions. He discussed the history of "A" Street with emphasis on traffic impact, and providing service above Level C. Mr. Daly noted that other improvements were made to the project based on the public comments received. He reviewed the road design changes and the contour grading that was necessary for achieving a feeling of a local road rather than a major thoroughfare. Mr. Daly referred to page 2, Item #9a, options #2 and #3 of the staff report, and stated that #2 would provide for the 84 -foot right -of -way, and #3 would provide for the 12 -foot lanes. In response to Councilmember Harper, Mr. Daly stated that the right -of -way could be increased to 92 feet, but that by doing so would create a condition steeper than the recommended 5 to 1 slope, which is relatively flat. He stated that the recommended 84 -foot right - of -way would allow for four lanes of traffic, if desired. Mr. Daly suggested that the lanes could be configured so that there are two 8 -foot outside breakdown or multi -use lanes, and in the interim, two 14 -foot inside lanes and a 14 -foot median. He added that later the right -of -way could be reconfigured to have four 12 -foot lanes with a slightly modified center median. Mr. Daly stated that the 84 -foot right -of -way would cover option No. 2 and a portion of option No. 3, depending on whether the City wishes to have four lanes. In response to Councilmember Harper, Mr. Daly stated that adding landscape and stamped concrete to the center median could be excessive for the area since the traffic would be less than that on Tierra Rejada. He concurred that the landscaping could be upgraded, but recommended that it be limited to the gate entrances and the connector road to the other project. 0 `''0 "7 Minutes of the City Council Moorpark, California Page 6 December 19, 2001 Mr. Kueny stated that the changes to the right -of -way relate to the proposed grading changes needed to the Tentative Map. He indicated that the key questions are: 1) what can be accomplished in the right -of -way; and 2) what compromises are needed there or in the grading that is being proposed. Fred Cunningham, Traffic Engineer for the applicant, stated that the traffic study addresses the changes necessary for the additional right -of -way requirements for a four -lane road. He discussed the cross sections that expand the right -of -way to 84 feet, which does not include the 12 -foot trail on the northern side. He explained that the slopes had to be changed and a lot relocated to accommodate two catch basins located on Walnut Canyon Road. Mr. Cunningham described the relocation of certain lots and changes to slopes due to the expansion of roadway. He further discussed the changes in design speed, noting that the character of the road changes dramatically. In response to Mayor Pro Tem Mikos, Mr. Cunningham agreed that vehicles would travel faster on a four - lane road. In response to Councilmember Wozniak, Mr. Cunningham stated that the line of sight of the 80 -foot slope, which will be created by moving the three houses, would not create a visual impact from Walnut Canyon Road. He explained that, since "A" Street is at a 30- foot elevation and the pads are located above that, the line of sight would be visually mitigated and would hide the slope. In response to Councilmember Wozniak, Mr. Daly stated that the expansion of the right -of -way adds cost to the project and that reducing the number of houses, even by three, to further reduce the visual impacts, would not be viable. He asked for a chance to report back with a more visually acceptable project. In response to Councilmember Harper, Mr. Daly discussed the ramifications of removing one or two houses and widening the slope. He stated he would come back with alternatives and more ideas with respect to the street widening and landscaping. OOCIOI S Minutes of the City Council Moorpark, California Paqe 7 December 19, 2001 In response to Councilmember Mikos, Mr. Daly stated that he would work with City Staff to address City Council concerns regarding the landscaping. Mayor Pro Tem Mikos reported that there was favorable public comment received at the Wildlife Conservation Board public hearing held last night with regard to this project and the potential dedication of 200 -plus acres of open space. She also reported that the project was discussed at a recent Santa Monica Mountains Conservancy meeting where they voted in favor of accepting the dedication should the Wildlife Conservation Board, City of Moorpark, and the applicant come to some agreement with regard to the project. In response to Councilmember Harper, Mayor Pro Tem Mikos stated that the approval should be contingent upon mutual agreement of the parties involved regarding open space dedication. She stated that the Santa Monica Mountains Conservancy is willing to structure what works best for all. Mr. Kueny stated that staff and the City Council Development Agreement Ad Hoc Committee recommended that the City should control the property. He noted that ownership was not conditioned in the Draft Development Agreement; however, the Committee recommends that the City should own the land in fee and not take possession until after the last unit is occupied. Mr. Kueny stated that the City could contract with the Conservancy to manage and maintain the open space, but ultimately the City would own and control the property. Mayor Pro Tem Mikos conveyed the importance of maintaining an open dialogue with the Conservancy, and reiterated her previous recommendation to formalize the process for future acquisitions. Councilmember Harper stated that he agrees that the City should control the uses of the property. He expressed his willingness to work with the Conservancy; however, he wants the City to have final discretion with the use. OCC-0 :.9 Minutes of the City Council Moorpark, California Page 8 December 19, 2001 In response to Mr. Kueny, Mr. Daly stated that the statute governing the Wildlife Conservation is extremely broad with regard to public open space. He confirmed that the property is committed to the City. Mayor Pro Tem Mikos stated that the Wildlife Conservation Board is not in conflict with the City's desires. CONSENSUS: By consensus, the City Council determined to continue the public hearing to January 16, 2002, with the public hearing open, and to direct staff and the applicant to provide more information on line of sight from grading, landscaped median for "A" Street, and tax credit for open space dedication. In response to Mr. Daly about the road width, Mr. Kueny recommended that the Council keep options open regarding right -of -way width for "A" Street and that staff needed an opportunity to look at circulation. He stated the final map did not need to be delayed. He discussed adding language in the Development Agreement regarding "A" Street. He discussed a tentative schedule of approval for the project should the City Council decide to close the public hearing at the January 16, 2002, meeting. He added that the first reading of the ordinances approving the zoning and Development Agreement, and certification of the Final EIR could be done on January 16. Mr. Kueny stated that the resolutions for the Tentative Tract Map, RPD, and General Plan Amendment and second reading of the ordinances could be scheduled for the first meeting in February 2002. In response to Councilmember Harper, Mr. Kueny stated that the applicant had agreed to provide a Seismic Disclosure Document and that staff would confirm that the condition was added. Mr. Montes stated that the City Attorney's office would review the applicant's submittal regarding seismic disclosure. B. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and 4. � � W `.> �'r1r Minutes of the City Council Moorpark, California Paae 9 December 19, 2001 Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing form City Council Meeting of December 5, 2001.) Staff Recommendation: 1) Take public testimony and close public hearing; and 2) If an approval decision is made on the related West Pointe project, introduce Ordinance No. for first reading, approving Development Agreement No. 2001 -01. Mr. Kueny gave the staff report. Mayor Pro Tem Mikos announced that the public hearing was still open. Vince Daly stated he was available for questions. CONSENSUS: By consensus, the City Council determined to continue the public hearing to January 16, 2002, with the public hearing open. D. Consider the Appeal of Planning Commission Decision on Appeal 2001 -05, Appealing Various Conditions Established by the Director of Community Development for Approval of Administrative Permit No. 2001 -10, to Allow a Second Dwelling Unit at 6086 Gabbert Road. (Applicant: Cindy Hollister) . Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2001- , sustaining the Planning Commission decision to Deny Appeal No. 2001 -05. Mr. Libiez introduced Joe Fiss who gave the staff report. In response to Mayor Pro Tem Mikos, Mr. Libiez stated that the applicant did not specify which specific changes in the conditions or documentation she is appealing. Mayor Pro Tem Mikos opened the public hearing. Cindy Hollister, applicant and Moorpark resident, spoke about the history of her second dwelling issues and outlined the history of her appeal. Jayla Rogers Haxton, a Moorpark resident, spoke in support of the Hollister property issue. She also Minutes of the City Council Moorpark, California Paae 10 December 19, 2001 conveyed her concern regarding selective code enforcement. Colin Velazquez, a Moorpark resident, spoke in support of the applicant, noting that Ms. Hollister had improved the property. James Hartley, a Moorpark resident, spoke in support of the applicant and asked that she be treated fairly. AT THIS POINT in the meeting a recess was declared. The time was 8:47 p.m. The City Council meeting reconvened at 9:06 p.m. Mayor Pro Tem Mikos closed the public hearing. In response to Councilmember Harper, Mr. Montes explained that structures designated as a legal nonconforming use under the code can be kept in place and operational; however, voluntary removal of the structure terminates the legal nonconforming status, and any substitute structure would have to comply with existing codes. He further explained that a Conditional Use Permit does not typically approve structures, but a use may be continued and maintained consistent with the conditions of the permit. Mr. Libiez stated that he could not corroborate the assertion that the applicant was informed that the only permit needed was the $49.00 zone clearance permit. He explained that a second dwelling unit requires an administrative permit. Mr. Libiez further explained the difference between a primary and secondary dwelling unit and that the code specifically states that the secondary unit shall not exceed 300 of the floor area of the primary unit. He noted that the last revision made by the applicant's architect showed the primary unit to be 3,850 square feet, which would allow for a 792 square foot secondary unit. In response to Councilmember Harper, Mr. Libiez agreed to contact and interview Mr. Malin, prior Assistant Planner, with regard to the initial instructions to the applicant. He stated that staff could not or.0 „ ()�� Minutes of the City Council Moorpark, California Paae 11 December 19. 2001 determine the square footage of the primary unit without permission from the applicant. Ms. Hollister stated that the current mobile home is 524 square feet and her residence is approximately 1,732 square feet, including the basement. Mr. Libiez stated that the date of the manufacturing for the mobile home is older than 19761 and that although the unit was painted and dressed up, it does not qualify as a legal structure under the Zoning Code. He stated there are numerous safety tests that are mandated for a secondary unit that this unit does not meet. In response to Councilmember Wozniak, Mr. Libiez stated that there was a previous mobile home on the property; however, its use was not known. Mrs. Hollister stated that she had a copy of the original Zoning Clearance, which refers to a Conditional Use Permit. She stated there is no mention of a problem with a mobile home on the property; however, there is a mention of a doublewide on the property. In response to Councilmember Wozniak, Mr. Libiez stated that staff needed to investigate whether there were one or two lots. In response to Mayor Pro Tem Mikos, Mr. Libiez confirmed that there are two Assessor Parcel numbers. Councilmember Harper stated that the square footage of the primary unit would be irrelevant, if there were two lots. Mr. Montes stated that if Ms. Hollister is not leasing the structure from the property owner, but is purchasing it from the prior tenant, then the property owner might not have any obligation for notification regarding the legality of the structure. Mr. Libiez stated that the Parcel Map did not record for the second lot and that there is only one lot based on information from the applicant's attorney. In response to Councilmember Harper, Mr. Montes stated that the City generally has immunity, but if the City intentionally violates the code and approves a non- conforming structure then the City could lose its 000O23 Minutes of the City Council Moorpark, California Paqe 12 December 19, 2001 immunity. He stated that the Uniform Building Code was intended to protect public health and safety. Mr. Libiez stated that the method of construction changed after 1976. Mr. Montes confirmed that this would set a precedent. Mr. Kueny recommended that the matter be continued to January 16, 2002, and that the City Attorney be directed to report back on the issues raised and to provide the City Council with options. In response to Councilmember Harper, Ms. Hollister requested that the public hearing be reopened. She agreed to a continuance of the public hearing and also agreed to meet with Mr. Fiss to schedule a time for someone from the City to measure the primary dwelling unit. CONSENSUS: By consensus, the Council determined to reopen the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Continue the public hearing to January 16, 2002; 2) direct staff and the City Attorney to review and develop options; and 3) staff was directed to measure the exterior of the primary unit. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. F. Consider a General Plan Amendment to Adopt Revised Housing Element 2000 -2005; General Plan Amendment 2000 -02; Applicant: City of Moorpark. Staff Recommendation: 1) Open the public hearing, receive testimony, and close the public hearing; 2) Adopt the Negative Declaration for the Housing Element; and 3) Adopt Resolution No. 2001 -1923 adopting a Revised Housing Element. Mr. Libiez gave the staff report. Mark Hoffman, Cotton /Bridges /Associates, Inc., the City's Housing Element consultant, summarized the preparation of the Housing Element document and provided a brief overview. Minutes of the City Council Moorpark, California Page 13 December 19, 2001 Mayor Pro Tem Mikos opened the public hearing. Eileen McCarthy, Staff Attorney Rural Legal Assistance, Inc., 338 CA, commented on the housing elE County of Ventura. She asked the look at ways to provide Affordable for farm workers. for the California S. "A" St. , Oxnard, �ment issues in the city of Moorpark to Housing in the City Mayor Pro Tem Mikos closed the public hearing. In response to Councilmember Harper, Mr. Libiez replied that the 2000 census data was not available when the completion of the Housing Element was mandated. Mr. Kueny stated that the City Council could use the latest data when the Housing Element is updated in three years. In response to Councilmember Harper, Mr. Libiez stated that any substantive changes to the Housing Element would have to be submitted to the State of California Department of Housing and Community Development for review. Mr. Libiez noted that minor changes could be incorporated at the staff level. In response to Mayor Pro Tem Mikos, Mr. Hoffman replied that additional policies could be added. Councilmember Harper stated that staff should go forward with revisions as mentioned with final language approval by the City Manager. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt the Negative Declaration for the Housing Element, and adopt Resolution No. 2001 -1923 approving a Revised Housing Element and direct staff to make the minor technical and typographical corrections needed to make the document accurate. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. •: Gec..5 Minutes of the City Council Moorpark, California Page 14 December 19, 2001 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Affordable Housing Implementation and Rental Restriction Plan and Affordable Housing Agreement for Archstone Communities (RPD 97 -1). Staff Recommendation: 1) Approve the Affordable Housing Implementation and Rental Restriction Plan; and 2) Approve the Affordable Housing Agreement, subject to final language approval by the City Manager, City Attorney, and Special Legal Counsel. Ms. Burns gave the staff report. In response to Councilmember Harper, Ms. Burns stated the sunset agreement is the life of the project. In response to Councilmember Harper, Mr. Kueny stated that the provision in the Development Agreement requires the developer to provide equivalent affordability if the rental units are converted to for -sale units. Ms. Burns referred to page 6 of the staff report and read the agreement termination language. In response to Councilmember Harper, Mr. Montes replied that, if the property were to be converted to an owner - occupied property, he does not see language in the agreement that states that the affordability requirements are retained. Councilmember Harper stated that he wants to make sure the language is included in the agreement. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to amend the staff recommendation to: 1) Include language in the Affordable Housing Agreement to clarify that the apartments cannot be converted to for - sale units; 2) approve the Affordable Housing Implementation and Rental Restriction Plan; and 3) approve the Affordable Housing Agreement, subject to final language approval by the City Manager, City Attorney, and Special Legal Counsel. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. �C:0 `G Minutes of the City Council Moorpark, California Page 15 December 19, 2001 B. Consider Solid Waste Collection Rate Adjustment and Franchise Agreement Modification. Staff Recommendation: 1) Approve an Amendment to the existing Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, with a revised Exhibit "H," making certain changes to the rate calculation methodology, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2001 -1924, which updates the Solid Waste Collection Fees, effective January 1, 2002, rescinds and replaces last year's rate Resolution No. 2000 -1799, and replaces Exhibit "G" of the Franchise Agreements with a new rate schedule, effective January 1, 2002. Mr. Brand gave the staff report. Gerald Goldstein, a Moorpark resident, discussed trash removal from his residence and conveyed concerns about service and rates. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to: 1) Approve an Amendment to the existing Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, with a revised Exhibit "H," making certain changes to the rate calculation methodology, subject to final language approval by the City Manager and City Attorney; and 2) Adopt Resolution No. 2001 -1924, which updates the Solid Waste Collection Fees, effective January 1, 2002, rescinds and replaces last year's rate Resolution No. 2000 -1799, and replaces Exhibit "G" of the Franchise Agreements with a new rate schedule, effective January 1, 2002. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion for approval of the Consent Calendar. The motion carried by roll call vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. A. Consider Approval of Minutes of Special Meeting of November 13, 2001. Minutes of the City Council Moorpark, California Page 16 December 19, 2001 Consider Approval of Minutes of Special Meeting of the City Council, Redevelopment Agency and Public Finance Authoritv of November 13, 2001. Consider Approval of Minutes of Special Meeting of December 5, 2001. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - December 19, 2001. Manual Warrants 107879 - 107887 $30,785.03 Voided Warrant 107623 $ (141.00) Payroll Liability 107870 - 107878 $10,926.52 Warrants Regular Warrants 107888 - 107959 $20,345.66 Staff Recommendation: Approve the warrant register. C. Consider Letter of Support Authorizing Submittal by the County of Ventura of a Two -Year (2002/2004) Regional Used Oil Opportunity Grant Application to the California Integrated Waste Management Board. Staff Recommendation: Authorize the Mayor to sign a letter of support for a Regional Used Oil Recycling Opportunity Grant. D. Consider Authorizing the City Manager to Sign an Extension to the Revised Agreement with the Planning and Consulting Firm of Cotton /Bridges /Associates, Inc. (previously Cotton /Beland /Associates) for the Update of the Housing Element of the General Plan. Staff recommendation: Authorize the City Manager to extend the term of the Agreement for Professional Services to February 28, 2002, with further authority to extend the term as deemed necessary. E. Consider Amendment to Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 Pertaining to adding a December 31 Holiday. Staff Recommendation: Authorize the City Manager to approve the Addendum to the MOA to add a Minutes of the City Council Moorpark, California Page 17 December 19, 2001 December 31 holiday when such date falls on a Monday, with the final language of the Addendum to be approved by the City Manager. F. Consider the Report Titled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2000/2001" and Receive and File Said Report. Staff Recommendation: Receive and file said report. G. Consider a Resolution Rescinding Resolution No. 91 -748 and Revising or Reestablishing Certain Parking Restrictions on Mountain Meadow Drive. Staff Recommendation: Adopt Resolution No. 2001 -1925. H. Consider Selection of Design Consultant for the Traffic Signal Interconnect Project. Staff Recommendation: Authorize the City Manager to execute contract documents for the consultant services described in the agenda report, said services not to exceed the costs and contingencies set forth in this report. I. Consider a Resolution Amending City Council Policies to Add Provisions for the Pre - Qualification of Bidders, and Rescinding Resolution NO. 99 -1671. Staff Recommendation: Adopt Resolution No. 2001 -1926. J. Consider Request from Carlsberg Ranch (Tracts 4973 & 4974) for the Reimbursement of Developer Costs for the Construction of Certain Improvements Funded by the Spring Road /Tierra Rejada Road Area of Contribution (STR AOC). Staff Recommendation: Authorize staff to reimburse Conejo -Simi Properties $625,109.60 for street improvements constructed on behalf of the City, said payment to be made upon receipt of payment of Spring Road /Tierra Rejada Road AOC fees by one or more developers of the Commercial /Industrial property located at the southeast and southwest corners of New Los Angeles Avenue and Miller Parkway. K. Consider Caltrans /Amtrak Small Capital Improvement Grant for a Shelter and Benches at Moorpark Station, and Resolution No. 2001 -1927 to Amend the Fiscal Year 2001 -2002 Transit Budget Accepting the Grant Revenue and Appropriation of Funds. Staff Recommendation: Adopt Resolution No. 2001 -1927, amending the Fiscal 0 00 0 Minutes of the City Council Moorpark, California Page 18 December 19, 2001 Year 2001 -2002 Transit Budget to reflect the grant of $21,600 for improvements at Moorpark Station. L. Consider Off- Street Parking Improvements for Miller Park. Staff Recommendation: Direct that no parking improvements be undertaken for Miller Park. M. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2001 -1928. N. Consider Two Resolutions Extending Franchise Agreements for Cable Television Services with Adelphia Communications Corporation. Staff Recommendation: 1) Adopt Resolution No. 2001 -1929 (Moorpark System), and 2) Adopt Resolution No. 2001 -1930 (Mountain Meadows). 0. Consider Approval of Easement Agreement for the Granite Fountain Project at the Northwest Corner of Tierra Rejada and Mountain Trail and the Dedication of the Public Art Site to the Victims and Heroes of the September 11 Terrorist Attacks on the United States. Staff Recommendation: 1) Approve the Easement Agreement with Moorpark Partners, LLC., subject to final language approval by the City Manager; and 2) Direct staff to develop the appropriate September 11, 2001 dedication message for review by the City Council. P. Consider Approval of the 2002 Aareement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Authorize the City Manager to sign the 2002 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce; and 2) Authorize funds provided by the City based on this agreement, to be released upon its approval by the City Council. Q. Consider Resolution Adopting Revised Deferred Compensation Plan and Rescinding Resolution No. 98- 1532. Staff Recommendation: Adopt Resolution No. 2001- 1931, amending the City of Moorpark Deferred Compensation Plan and Trust with National Deferred Compensation and rescinding Resolution No. 98 -1532. 1 ^ .* r-, Minutes of the City Council Moorpark, California Page 19 December 19, 2001 9. PUBLIC HEARING (continued) C. Consider the Status of Interim Prohibition of Wireless Telecommunications Facilities and Extension of Ordinance No. 272 and Amendment of Ordinance No. 273, Enacting a Moratorium on the Issuance of Permits for Construction or Placement of Wireless Telecommunications Facilities. Staff Recommendation: 1) Open the public hearing, take public testimony, and close public hearing; and 2) Adopt Ordinance No. extending Ordinance No. 272 and amending Ordinance No. 273, enacting a moratorium on the issuance of permits for construction or placement of Wireless Communications Facilities in the City and declaring the urgency thereof. Mayor Pro Tem Mikos opened the public hearing. There being no one wishing to speak, Mayor Pro Tem Mikos closed the public hearing. Ms. Traffenstedt gave the staff report noting a change to the date recommended for extension of the moratorium from April 14 to April 18 to allow for a second meeting in April if needed. She stated that a letter was received from AT &T supporting the extension of the moratorium. Mr. Kueny suggested adjourning this item to December 20 due to lack of a voting quorum for the ordinance adoption. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue the item with the public hearing open to an adjourned meeting on December 20, 2001, at 6:00 p.m. due to a lack of quorum to adopt the ordinance, which requires a 4/5's vote. The motion carried by voice vote 3 -0, Mayor Hunter and Councilmember Millhouse absent. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. (C °041301L Minutes of the City Council Moorpark, California Paae 20 December 19, 2001 14. ADJOURNMENT: Mayor Pro Tem Mikos adjourned the meeting at 10:40 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 000,2 MINUTES OF THE CITY COUNCIL Moorpark, California January 16, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on January 16, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Mikos called the meeting to order at 6:44 p.m. 2. INVOCATION: Pastor Eric Sweitz, Sonrise Pacific Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Bradley Wohlenberg, Assistant City Attorney, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Millhouse (arrived at 7:25 p.m.), Wozniak, and Mayor Pro Tem Mikos. Absent: Mayor Hunter. Staff Present: Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Captain Robert LeMay, Sheriff's Department; Walter Brown, City Engineer; Nancy Burns, Senior Management Analyst; Joseph Fiss, Principal Planner; Paul Porter, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director; and La -Dell VanDeren, Deputy City Clerk. ()C" 0343 Minutes of the City Council Moorpark, California Page 2 January 16, 2002 S. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. Ms. Lindley gave the report. She reported on the status of the restroom and sewer extension projects at Arroyo Vista, and on the discussions at the Parks and Recreation Commission meetings regarding the skate park. She further reported on the completion of the winter camp and holiday events, noting that the Moorpark After Dark teen dances were still having excellent attendance and have had great cooperation with the Boys and Girls Club and the schools. She stated that the Teen Coordinator was now meeting with the schools to discuss more collaborative events for school -aged children. She also stated that the seniors had their annual holiday event, which was very well attended. She also reported that two new gazebos would be installed at Poindexter Park and that the ball fields were being readied for the Little League and Girls' Softball seasons. She concluded by reporting that the field renovations at Miller Park, Arroyo Vista, and Campus Canyon should be completed in time for Spring. 6. PUBLIC COMMENT: Linda Parks, a Moorpark resident and member of the Moorpark Historical Society, presented a book on the history of Moorpark and promoted the fact that it was a great reference tool. She introduced Debra Ryono, as the incoming President of the Historical Society. AT THIS POINT in the meeting the City Council adjourned to convene the Moorpark Redevelopment Agency. The time was 6:54 p.m. The City Council reconvened at 6:55 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Pro Tem Mikos requested that Item ll.F. be pulled from the Consent Calendar for discussion. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Pro Tem Mikos announced the following events: 1) Moorpark After Dark teen dance on February 1, 2002, 7:00 p.m. to 10:00 p.m. at the Boys and Girls Club; 2) Skate and Blade on Tuesdays and Wednesdays, 3:00 p.m. to 5:00 p.m., 00C 0�4 Minutes of the City Council Moorpark, California Paqe 3 January 16, 2002 and beginning February 7, 2002 on Thursdays and Fridays, 3:00 p.m. to 5:00 p.m.; 3) Snow Board and Ski on January 28, 2002, 6:00 a.m. to 6:00 p.m. at Mountain High; and 4) Hiking at Happy Camp Canyon on January 26, 2002. She stated that the SOAR lawsuits have been dropped by Messenger Investment Company and that they had paid the City for outstanding bills. 9. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment (ZOA) No. 2001 -01 Amending Chapters 17.08, 17.20, 17.24, and 17.28 of the Municipal Code Related to Recreational Vehicle Storage and Parking. (Continued Open Public Hearing from City Council meeting of December 5, 2001.) Staff Recommendation: 1) Close the public hearing and continue this item off calendar; and 2) Direct staff to re- advertise for public hearing upon completion of the necessary revisions. Ms. Traffenstedt gave the staff report. Mayor Pro Tem Mikos closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item off calendar and direct staff to re- advertise for public hearing upon completion of the necessary revisions to the ordinance. The motion carried by voice vote, 3 -0, Mayor Hunter and Councilmember Millhouse absent. B. Consider Draft Ordinance Regulating Wireless Communications Facilities within the City of Moorpark by Adding Chapter 17.42 and Amending Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark Municipal Code, and Repealing Ordinance No. 275 upon the Effective Date of the New Ordinance (Zoning Ordinance Amendment No. 2001 -03). (Continued Open Public Hearing from City Council meeting of December 5, 2001)). Staff Recommendation: 1) Continue the public hearing, take public testimony, and close the public hearing; and 2) Waive full reading and introduce Ordinance No. for first reading. Ms. Traffenstedt gave the staff report. Minutes of the City Council Moorpark, California Paqe 4 January 16, 2002 Gregory W. Sanders, Attorney for Sprint PCS, 18101 Von Karman Avenue, #1800, Irvine, spoke in support of the draft ordinance. Hugh Finlay, a Moorpark resident, stated that the 200 - foot rule, as referenced in Section D1, should specify whether the measurement was from the center or edge of the transmitter site. He noted that the 200 -foot rule was appropriate for Sprint PCS and AT &T systems, but suggested that new or smaller output systems should be reviewed separately because of their power outputs. He further suggested that there be safeguards added in the measurements for public safety and public right -of -way. He referred to Section 17.42.050(07), and asked what was meant by signal strength exhibits. He stated that the provisions for a lattice tower in Section 17.42.080 should be better defined in the event a single pole tower is used. He concluded by stating that the general trend of the ordinance was better but recommended that the language be stronger with regard to advisory or mandatory requirements. Tony Banducci, a Moorpark resident and on behalf of the 60 Moorpark residents who signed the petition, spoke in support of the ordinance and stated that it fits the needs of the community and industry. He pointed out that this item had been reviewed at six meetings and that the residents want a cooperative effort, not a lawsuit. He asked Mr. Sanders to contact AT &T and urge them to work with the City to resolve their specific concerns. Leslie Daigle, representing AT &T Wireless and Verizon Wireless, 1111 Bayside Drive, #222, Corona del Mar, submitted the draft ordinance marked with the carriers' comments. She referenced various portions of the document that were ambiguous and confusing, and expressed her willingness to work with the City Attorney and staff to resolve any outstanding issues. Ms. Traffenstedt read a written statement card from Palma Frieny, a Moorpark resident, in support of the draft ordinance. Councilmember Harper stated that the definition of a "minor facility ", on stamped page 9, might limit the City's ability to camouflage or soften the look of the 0.011. 4. Minutes of the City Council Moorpark, California Page 5 January 16, 2002 wall mounted or roof mounted facility. Mayor Pro Tem Mikos concurred. Councilmember Harper agreed that the language regarding signal strength exhibits was poorly worded. He recommended that the results of the field measurements be reported and include all antennas. He further recommended that provisions be included for continual field surveys at reasonable intervals, and a continuing monitoring program to ensure federal guidelines are being met. In response to Mayor Pro Tem Mikos, Mr. Wohlenberg stated that Section 17.42.060(f) was added to provide the City the ability to request one field survey in any 24 -month period at the carrier's expense. In response to Councilmember Harper, Mr. Wohlenberg stated that he would draft language that establishes a fund wherein all carriers would contribute, which would allow the City to hire a consultant to perform independent field surveys, in lieu of a single carrier bearing the expense. In response to Councilmember Wozniak, Ms. Traffenstedt replied that the draft ordinance facilitates the City's desire to have a map indicating the specific location of all equipment in the City. She stated that the Planning Commission will schedule a workshop to pre - identify sites and that it would be a part of the ordinance as an administrative permit process. In response to Mayor Pro Tem Mikos, Ms. Traffenstedt confirmed that the bond referenced in the second bullet on stamped page 42 had been added to the draft ordinance. Mr. Wohlenberg noted that the language appears in Section 17.42.120 (B) of the draft document. In response to Councilmember Wozniak, Mr. Kueny explained that a surety could include a bond, but that it should be a cash type surety, which could be in the form of a letter of credit, a cash deposit with the City or restrictive cash deposit, or a three way agreement between the carrier, City and financial institution. 3J,7 Minutes of the City Council Moorpark, California Paqe 6 January 16, 2002 In response to Mayor Pro Tem Mikos, Mr. Wohlenberg stated that the term surety was used to allow the City flexibility to work with the type of carrier's financial stability. He explained that when there was little confidence in the carrier, the City would want a cash bond, whereas a surety bond would work best for a well- established carrier. Mr. Kueny stated that the language should be improved because it becomes an administrative issue for the City to deal with bond companies and surety issues. Mayor Pro Tem Mikos requested that the legends for the tables in Exhibits A and B appear on each page of the final document to make it easier to follow. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item with the public hearing open to the February 6, 2002, City Council meeting. The motion carried by voice vote 3 -0, Councilmember Millhouse and Mayor Hunter absent. C. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council meeting of December 19, 2001). Staff Recommendation: 1) At the January 16, 2002, meeting accept public testimony and continue the public hearing to an Adjourned City Council meeting in January 2002; 2) At the Adjourned City Council meeting, take the following approval actions: Adopt Resolution No. 2002 - Certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring Program; Adopt Resolution No. 2002- approving General Plan Amendment 99 -01; Introduce Ordinance No. for first reading adopting Zone Change 99 -01; Adopt Resolution No. 2002- approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No.99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance; and authorize the City 01 ('C3s Minutes of the City Council Moorpark, California Paae 7 January 16, 2002 Manager to make final editorial corrections to final approval documents to achieve consistency. Ms. Traffenstedt gave the staff report. AT THIS POINT in the meeting Councilmember Millhouse arrived. The time was 7:25 p.m. Vince Daly, West Pointe Homes, Inc., 31304 Via Colinas, #103, Westlake Village, gave the presentation regarding the changes to the redesign of "A" Street. He explained that adjustments were made to the grading of the 84 -foot right -of -way to make the roadway feel more open. He stated that the plan was revised by moving several units without increasing grading or decreasing lot sizes. In response to Councilmember Harper, Mr. Daly stated that the side yard setback requirements are the same even though the lots were made smaller to accommodate the other four lots. In response to Mayor Pro Tem Mikos, Mr. Daly replied that the pad sizes remained the same and the adjustments did not change the lot sizes. He further replied that as a result of more accurate measurements, the lots located near the street were a little larger. In response to Mayor Pro Tem Mikos, Mr. Daly stated that he would provide full disclosure of the earthquake fault in the white report that is given to every homebuyer and that Ms. Traffenstedt has included it in the final conditions of approval. In response to Councilmember Harper, Mr. Daly presented a sample of the hazards report that will be contained in the white report for City Council review. In response to Mr. Kueny, Mr. Daly stated that the 84- foot right -of -way would consist of one 14 -foot travel lane and two 8 -foot bike /emergency parking lanes in each direction, and one 14 -foot landscaped raised median, or four 12 -foot travel lanes. He further stated that next to the curb would be 5 feet of landscape and a 5 -foot sidewalk on either side of the right -of -way. He noted that there would also be a 12- foot multi -use trail and in some cases 20 feet of 010'_'0 Minutes of the City Council Moorpark, California Paqe 8 January 16, 2002 additional area for the proposed "A" street right -of- way. Mr. Kueny stated that was the bare minimum for the south side and noted that little could be accomplished with 10 feet for sidewalk and landscaping. Mr. Daly stated that the only place it would occur is at the drive -in area after the parkway, and added that the sidewalk would be sloped one way or the other. Mr. Kueny stated that the sloped area would provide a better noise buffer for the adjacent homes. In response to Mayor Pro Tem Mikos, Mr. Kueny advised that the City Council should decide on the right -of -way width at this stage in the process. Mr. Brown provided several scenarios that explained why the City Council should request the largest area possible to accommodate the vision of what "A" Street might become. Mr. Kueny concurred and offered Miller Drive in the Carlsberg project as an example of poor street planning and why it was critical to have an exhibit to see what could be done in the 84 -foot right -of -way. In response to Mayor Pro Tem Mikos, Mr. that the project would probably work if could show room for leeway in the form of 4 to 5 feet for landscaping. Mr. Daly would look at an additional 5 feet along accommodate 10 feet of landscape area. Kueny replied the applicant an additional >tated that he "A" Street to In response to Councilmember Millhouse, Mr. Daly stated that he could provide exhibits to Ms. Traffenstedt by Friday morning. In response to Councilmember Harper, Mr. Kueny replied that the exhibits would not result in alternatives that could be analyzed. He explained that he was looking for other points along the south side of the road that were deficient in size for landscaping. He stated that the road would be 62 feet curb -to -curb with a center median at a fixed -point and a 16 -foot lane with an 8- foot emergency lane. He added that if the Council wished to later change to two travel lanes it would simply be a matter of restriping. He further added that the 14 -foot area would be a combination of landscaping and decorative paving, similar to what is seen on Miller Drive. "+ '� P. u5 i- r 4.i. .a 4 v �J Minutes of the City Council Moorpark, California Paae 9 January 16, 2002 Mr. Kueny suggested that the City Council table further action on this item until after Item 9.D. is discussed. CONSENSUS: The City Council determined to table Item 9.C. until after consideration of Item 9.D. D. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing from City Council meeting of December 19, 2001.) Staff Recommendation: 1) Continue to take public testimony; and 2) Continue the public hearing open to an Adjourned meeting in January 2002. Mr. Kueny gave the staff report. He stated that the Ad Hoc committee determined that the only item outstanding other than incorporating the language for the photovoltaic requirements was the Affordable Housing component. He reported that the committee was hoping for 25 parcels, but to be fair and equitable to the developer, the City would probably be looking at 20. He explained the breakdown of the 20 homes, ranging from very low to moderate income. He noted that the parcels may not achieve 25 -foot front yard setbacks but they would have 20 -foot driveways and that the City may have to accept 10 -foot rear yards. He concluded by stating that staff was still working out the final details. In response to Councilmember Harper, Mr. Kueny stated that the preliminary estimates were that the selling prices would range from $250,000 - $400,000 and that the affordable housing units would sell below current median priced homes. Councilmember Wozniak commented that the second trust deed that the City takes would not be a silent second, which means when the house was sold, the City would still get its money back. He stated that the goal was to keep homeowners in the house as long as possible, which would give the City an opportunity to not lose ocl('- :I)E -1 1 Minutes of the City Council Moorpark, California Page 10 January 16, 2002 out. He noted that this venture was a very creative solution to the affordable housing situation. Mr. Daly stated that the figures could be provided to Mr. Kueny as early as tomorrow morning. In response to Councilmember Wozniak, Mr. Daly replied that he would provide estimates, but that it would be up to the City Council to decide on the buy out figures. Mr. Kueny explained that to build a 1,500 square foot home, the developer would need to sell the unit for approximately $250,000 to break even. He stated that the amount could be lowered to around the $200,000 range. In response to Mayor Pro Tem Mikos, Mr. Kueny stated that the equity share for the moderate - income unit would be restricted to a one -time opportunity. He explained that if the house sells for $265,000 the homebuyer would finance 950, or $230,000, and the City would carry a $35,000 second trust deed. He further explained that if the homebuyer stayed in the home for 20 years, then in 15 years the City would receive the second trust deed plus whatever moderate interest (3- 5o) that had accumulated. In response to Councilmember Harper, Mr. Kueny stated that the equity sharing arrangement would probably go past the lifetime of loan. He stated, however, that had not been determined yet and would need to be developed in the housing plan. He explained that the City does not want to create a deterrent and that it was a matter of the City Council's preference. Councilmember Harper stated that he would like to hear a committee recommendation on that matter. Mr. Kueny noted that it would not be apart of the development agreement, but would be in the housing plan and housing agreement required by the development agreement. Councilmember Millhouse stated that there were a variety of creative ideas regarding the affordable housing element, and that he would like to be able to make a decision regarding the project rather than holding off while the City Council discusses other issues. ;4 U"I 06 Minutes of the City Council Moorpark, California Page 11 January 16, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item with the public hearing open to the January 23, 2002, Adjourned City Council meeting. The motion carried by voice vote 4 -0, Mayor Hunter absent. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue Item 9.C. with the public hearing open to the January 23, 2002, Adjourned City Council meeting. The motion carried by voice vote 4 -0, Mayor Hunter absent. E. Consider the Appeal of Planning Commission Decision on Appeal 2001 -05, Appealing Various Conditions Established by the Director of Community Development for Approval of Administrative Permit No. 2001 -10, to Allow a Second Dwelling Unit at 6086 Gabbert Road. (Applicant: Cindy Hollister) . (Continued Open Public Hearing from City Council meeting of December 19, 2001). Staff Recommendation: 1) Continue the public hearing; accept public testimony; close the public hearing; 2) Adopt Resolution No. 2002 -1932, sustaining the Planning Commission decision to Deny Appeal No. 2001 -05, and further modifying the conditions of approval; and 3) Direct Staff to begin code enforcement action for removal of non - permitted mobilehome within ninety (90) days. Mr. Fiss gave the staff report. Cindy Hollister, a Moorpark resident, commented on the proceedings from the last City Council meeting and stated that she refuted the staff recommendation. She referred to the California Government Code and commented on the laws and codes used by staff to make the determination and staff recommendation. She reiterated that her intent was to provide low -cost housing for her worker and his family. Mr. Wohlenberg explained that state law allows cities to pass some of their own ordinances by a certain date or be governed by state law. He stated that the City passed its own ordinance with respect to second dwellings in a timely manner. He explained that with regard to the age of the mobilehome, the age issue was based on a safety issue, which is governed by state, county, and City laws. 0 C C 10 _4 Minutes of the City Council Moorpark, California Page 12 January 16, 2002 In response to Councilmember Harper, Mr. Fiss stated that the City could allow, by ordinance, any mobilehome of any age and it was also allowed to have more restrictive guidelines. Ms. Traffenstedt stated that the significance of the 1958 date was in changes to the standards of construction of mobilehomes, which were made for health and safety protection as well as for the protection of the inhabitants. She explained that although the code was more restrictive, the City would not want to go backwards. She further explained that the size restrictions were determined by a prior Council, and could be changed again, but that it does not address the concerns of Ms. Hollister. Mr. Wohlenberg stated that if the mobilehome was manufactured after 1958, then it must have a sticker showing that it conforms to the construction requirements at the time it was built. He stated, however, that the City does not have to allow that type, since newly installed mobilehomes must meet the codes in effect as of 1976. In response to Councilmember Harper, Mr. Fiss explained that, prior to the 1976 federal law, there were no consistent standards for manufactured homes. He stated that asbestos was one of the major issues at that time, in addition to flammability, hallway widths, and accessibility. He added that there have been significant health and safety modifications since that date. In response to Councilmember Millhouse, Mr. Fiss replied that a building permit was issued for the original mobilehome on November 18, 1994, and a planning permit issued in January 1994. He explained that the original mobilehome was permitted but a final inspection was never obtained. He stated that the original mobilehome was removed and replaced with the current one prior to November 2, 1999, which was the date that the code enforcement case had been opened. In response to Councilmember Millhouse, Mr. Kueny replied that if the City Council wishes to change the ordinance, than the proper procedure was to forward the matter to the Planning Commission for their review and recommendation. Minutes of the City Council Moorpark. California Paae 13 January 16, 2002 Councilmember Millhouse commented on the practical impacts on the applicant and stated his concerns regarding updating the code on a piecemeal or ad hoc basis. Mayor Pro Tem Mikos commented on the circumstances that led to the prior Council decision of the 30o rule, which limits a 40 -acre parcel to a 490 square foot second dwelling unit. AT THIS POINT in the meeting a recess was declared. The time was 8:35 p.m. The City Council meeting reconvened at 8:54 p.m. In response to Mayor Pro Tem Mikos, Mr. Fiss stated that the caretaker and his family would not have to leave the property if the applicant removes the existing mobilehome within 90 days and replaces it within one year. In response to Mayor Pro Tem Mikos, Ms. Hollister replied that the existing mobilehome is a single -wide, 924 square foot unit with three bedrooms and two bathrooms. Mayor Pro Tem Mikos stated that she would be in favor of the staff recommendation if the size of the unit were adjusted. Councilmember Harper stated that he was not willing to violate or ignore a City code and would like the issue of the minimum square footage revisited. He further stated that he would support the staff recommendation with the following minor modification added to the language on stamped page 67, paragraph 2, end of sentence 1: "or the minimum size as fixed by city code at the time the permit is utilized." Mr. Kueny stated that the intent was to avoid having the applicant come back. He explained that changes to the code could take up to 6 months, and in this case, 120 days or more. Councilmember Millhouse recommended that the item be continued to allow staff time to address the issues of 0 045 Minutes of the City Council Moorpark, California PaQe 14 January 16, 2002 conflicting procedures before requiring the applicant to do anything further. In response to Mayor Pro Tem Mikos, Mr. Fiss replied that staff was not allowed to inspect the mobilehome when the measurements of the primary dwelling were taken. In response to Councilmember Harper, Mr. Fiss replied that since the existing unit was never permitted, no non - conforming rights would be granted. He noted that staff also had concerns regarding the potentially unsafe unit and the liability to the City. He stated that an inspection is required. In response to Mayor Pro Tem Mikos, Ms. Hollister asked what would be the problem with getting an inspection, as it would allow her the opportunity to fix it to code. Mr. Kueny stated that the intent was to remove the substandard dwelling unit and arrange for a transition period of 90 days. Councilmember Wozniak stated his support of Councilmember Harper's suggestion with acceptance of the staff recommendation as modified. Councilmember Harper clarified that the language for stamped page 67, paragraph 2, sentence 1 should be amended to read as follows: "The maximum size of dwelling unit not exceed that permitted by City code." He requested an additional item to the staff recommendation to refer the minimum square footage issue to the Planning Commission for review and recommendation. Mr. Kueny suggested that the issue regarding square footage should not be part of the motion. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -1932, sustaining the Planning Commission decision to deny appeal No. 2001 -05, as amended; and direct staff to begin code enforcement action for removal of non - permitted mobilehome within ninety -days. The motion carried by voice vote 3 -1; Councilmember Millhouse opposed, Mayor Hunter absent. (a G41G Minutes of the City Council Moorpark, California Page 15 January 16, 2002 MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to refer the issue of minimum square footage to the Planning Commission for their recommendation. The motion carried by voice vote 4 -0, Mayor Hunter absent. F. Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue / Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements prior to making a decision on the project; 3) Direct staff to prepare a resolution for denial of the project without prejudice for the reasons discussed in the agenda report. Mr. Porter stated that, prior to presenting the staff report, the applicant has requested a 30 -day continuance to obtain traffic studies and more fully review the conditions of approval. He also recommended that the applicant read into the record a waiver of the timeline on the Permit Streamlining Act. Greg Nottingham, Jack -in- the -Box and Acres Realty, spoke on behalf of the applicant and stated that the applicant would agree to a waiver of the timeline on the Permit Streamlining Act and was requesting a 30 -day continuance to review and consider all of the conditions of approval. CONSENSUS: The City Council determined to proceed with the presentation of the staff report. Mr. Porter gave the staff report. In response to Councilmember Harper, Mr. Porter replied that the agreement was created between the property owners and not the City, which makes it difficult for the City to enforce. He further replied that 0C Cr. 047 Minutes of the City Council Moorpark, California Paste 16 January 16, 2002 reciprocal access does exist on the north side of the project; however, new problems have developed from the existing project, with respect to traffic safety issues. Mr. Kueny explained that once the gas station project was laid out, the original traffic patterns did not work. Councilmember Harper stated that the City has defeated the purpose of the reciprocal access by allowing the building on the Mobil property to be situated so as to essentially preclude reciprocal access. In response to Councilmember Wozniak, Mr. Kueny replied that the Planning Commission initially requested additional traffic study and the applicant refused to do so. He stated that it would make no difference if action were taken tonight as opposed to delaying the decision. He noted that the applicant might owe fees for additional staff time spent should this matter be continued. In response to Councilmember Millhouse, Mr. Kueny stated that from an administrative standpoint, the appropriate procedure would be a re- filing rather than conditioning the project because the site plan should be in conformance. In response to Councilmember Harper, Mr. Porter discussed architectural styles on Los Angeles Avenue. Councilmember Millhouse commented that the course of action would be to deny without prejudice. He agreed that the architectural style was a problem, in addition to traffic flow, . inadequate landscaping, traffic circulation, and overall incompatibility with the neighboring businesses. Mayor Pro Tem Mikos opened the public hearing. Greg Nottingham, Jack in the Box, 506 Corte Golondrina, Camarillo, applicant, requested the 30 -day continuance to conduct a focused traffic study, and address the issue of architectural style and concerns from the adjacent property owners. He noted that the applicant strongly believes that the original cross access agreement works because the drive - through has a metered flow with every car coming out every 60 -90 seconds. He .0 10 - 0 118 Minutes of the City Council Moorpark, California Page 17 January 16, 2002 indicated that the applicant would not have a problem starting over if the traffic study proved the contrary. In response to Mayor Pro Tem Mikos, Mr. Nottingham replied that he had not attended the initial Planning Commission meeting, but noted that a traffic study was submitted with the original application a year and a half ago. Mayor Pro Tem Mikos stated that the project has major flaws and that significant progress must be made in obtaining cross access through the Mobil station property. In response to Mr. Kueny, Mr. Nottingham replied that the driveway location would remain as outlined in the design plans with the cross access in front of the buildings along Los Angeles Avenue. Mayor Pro Tem Mikos stated she could understand why the Planning Commission wanted to block off that access due to the traffic volume in that area. She stated that she found it disturbing that the traffic study was requested months ago, and the applicant failed to respond. Mr. Kueny noted that the prior traffic study was focused. He recommended that since the other applicant representatives did not stay for the public hearing, the City Council may want to consider continuing the public hearing to next week, direct the applicant to provide exhibits, and direct staff to prepare a resolution denying the application, with or without prejudice. Councilmember Wozniak stated that he agreed with Mr. Kueny's recommended course of action. He strongly conveyed his dissatisfaction to Mr. Nottingham that the applicant's representatives left the meeting prior to hearing the City Council's deliberations on the request for the continuance. Mr. Nottingham stated that the staff report was not received until yesterday so there was no time to review it. He agreed to convey Councilmember Wozniak's displeasure to all concerned. 0 0I049 Minutes of the City Council Moorpark, California Paqe 18 January 16, 2002 Councilmember Harper reluctantly agreed to support the one -week continuance. He suggested shifting the Jack in the Box more westerly, and reconfiguring the traffic flow so that the westerly driveway is used. Councilmember Millhouse echoed Councilmember Harper's concern and concurred with his suggestion to relocate the uses of the project to alleviate the traffic flow issues. Mr. Nottingham requested consideration for ten working days rather than one week. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the public hearing open to the January 23, 2002 Adjourned City Council meeting and directed staff to prepare a resolution for denial. The motion carried by voice vote 4 -0, Mayor Hunter absent. G. Consider Dedicating Community Development Block Grant (CDBG) Funds Authorized For Affordable Housing For Program Year 1998 ($12,000) to Administrative Costs For CalHome Mobilehome Rehabilitation. (ROLL CALL VOTE REQUIRED) Staff Recommendation: 1) Open public hearing, accept public testimony, and close public hearing; 2) Authorize $12,000 in CDBG Affordable Housing funds to be designated for CalHome mobilehome rehabilitation program set -up and service delivery fees for approximately 12 mobilehome rehabilitation loans; 3) Limit each borrower's share of the transaction costs of a mobilehome rehabilitation loan to the costs of appraisal and loan processing, not to exceed $750; and 4) Stipulate that loan costs for each CalHome mobilehome rehabilitation loan transaction are to be paid by the CalHome service delivery fee (50 of loan amount); borrower, subject to a maximum amount of $750; and CDBG funds. Ms. Burns gave the staff report. Mayor Pro Tem Mikos opened the public hearing. There being no public speakers, Mayor Pro Tem Mikos closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to: 1) Authorize $12,000 in CDBG Affordable Housing funds to be designated for CalHome ID 0CCIr Minutes of the City Council Moorpark, California Page 19 January 16, 2002 mobilehome rehabilitation program set -up and service delivery fees for approximately 12 mobilehome rehabilitation loans; 2) Limit each borrower's share of the transaction costs of a mobilehome rehabilitation loan to the costs of appraisal and loan processing, not to exceed $750; and 3) Stipulate that loan costs for each CalHome mobilehome rehabilitation loan transaction are to be paid by the CalHome service delivery fee (50 of loan amount) ; borrower, subject to a maximum amount of $750; and CDBG funds. The motion carried by voice vote, 4 -0, Mayor Hunter absent. H. Consider Adoption of an Ordinance to Rescind Existin Chapter 15.24 and Replace with New Chapter 15.24, Regarding Flood Damage Prevention. Staff Recommendation: Open the public hearing, take public testimony, and continue the public hearing open to February 6, 2002. Ms. Traffenstedt stated there was no staff report. Mayor Pro Tem Mikos opened the public hearing. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to continue the public hearing open to February 6, 2002. The motion carried by voice vote, 4 -0, Mayor Hunter absent. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Approval of the Re- design of the Retainin Walls for the Los Angeles East Improvement Project (Project 8012). Staff Recommendation: 1) Approve the redesign of the retaining walls to provide for the construction of reinforced concrete soil nailed simulated rock cut wall; and 2) Use existing easement documents and defer preparation of new easement documents unless right -of -way costs exceed the cost of their preparation. Mr. Brown gave the staff report. In response to Councilmember Harper, Mr. Brown stated that the durability of walls was consistent and has been used in Europe since the 1950's. He stated that the types of block walls seen in Camarillo use 01310051 Minutes of the City Council Moorpark, California Page 20 January 16. 2002 construction fabric and explained the difference between that and the soil nailed wall. Mr. Gilbert stated that the cost estimate for the soil nailed wall appears not to have a cost for landscaping. He explained that the keystone wall has been submitted to the City Council twice; the second time to get directions regarding landscaping. He stated that, if the City Council adopts the staff recommendation, than clarification is needed regarding landscaping with a fabricated fagade. He noted that the soil nailed wall could have a bolder fagade and requested City Council direction regarding landscape pockets. Councilmember Harper stated that landscaping would add relief to the ordinary masonry wall. Councilmember Wozniak concurred. In response to Mayor Pro Tem Mikos, Mr. Gilbert acknowledged that the original application for a keystone wall had landscaping. Councilmember Millhouse stated his preference for the cast concrete detailing of the cantilevered decorated wall as depicted in Exhibit 3 -B. Mr. Gilbert stated that the City Engineer is recommending the soil nailed sculpted retaining wall as depicted in Exhibit 4 -B. Councilmember Millhouse stated his concern that the City would be getting a lot of rock that looks like cheap fake rock. He stated that, if the intent is to provide relief, than the City should spend the money and do it right. Mr. Gilbert pointed out that Exhibit 3 -B does not have landscaping. In response to Mayor Pro Tem Mikos, Mr. Brown replied that, with respect to the soil nailed wall in Exhibit 4 -A, the landscaping could be above the barbed wire fence; however, an estimate was not included in the staff report. He noted that there would be landscaping on the project and that any pattern could be used in the soil nailed wall because the walls are acid etched after the concrete is set and then colored. Mr. Brown stated that staff could build pockets into the concrete wall to accommodate landscaping. He noted that this was not desirable, as that type of design tends to 0 00052 Minutes of the City Council Moorpark, California Paqe 21 January 16, 2002 provide a place for roots to go, however, he indicated that plantings might be found that were less invasive. Mayor Pro Tem Mikos agreed that the sculpted soil nailed wall was more natural than the rock face, but requested some kind of landscaping. Mr. Kueny reminded the City Council that the wall was 27 feet, recommended that the landscaping be above the wall, and advised that the introduction of pockets, regardless of the style, would look artificial. He recommended that staff be directed to restore the native vegetation above the wall and not landscape the first 27 feet. In response to Councilmember Harper, Mr. Brown replied that vines work well with that type of wall, and added that staff would search for natural plantings that use less water. In response to Mr. Kueny, Mr. Gilbert replied that at build out, there is no opportunity for any parkway landscaping to provide some relief to the wall. He explained that the 88 -foot corridor for the four -lane street has a 5 -foot sidewalk from the toe of the wall to the curb, and that the wall is situated in an easement that was just north of right -of -way line. He stated that the street improvements for the four -lane section has a curb five feet north of the line and there was no parkway envisioned in the original plan approved by City Council five or years ago. Mr. Kueny noted that if it was ever built to four lanes then there would be a sidewalk only on one side, which was a decision that could be made later. He further noted that the City Council could plant trees at some point and later decide whether a sidewalk was necessary on both sides. He stated that with very little activity on the north side the need for a sidewalk might be unnecessary and that the City Council might decide to just plant trees. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to: 1) Approve the redesign of the retaining walls to provide for the construction of reinforced concrete soil nailed simulated rock cut wall; 2) Use existing easement documents and defer preparation of 0011_0_ CIS Minutes of the City Council Moorpark, California Paqe 22 January 16, 2002 new easement documents unless right -of -way costs exceed the cost of their preparation; and 3) and Directed staff to explore ways of introducing noninvasive landscaping to soften the appearance of the wall. The motion carried by voice vote, 3 -1; Councilmember Millhouse opposed, Mayor Hunter absent. 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar, except for Item ll.F. The motion carried by roll call vote 4 -0, Mayor Hunter absent. A. Consider Approval of Minutes of Adjourned Meeting of December 20, 2001. Consider Approval of Minutes of Special Meeting of January 9, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - January 16, 2002. Manual Warrants 108095 - 108096 $ 28,325.25 Voided Warrants 106042 & 107095 & $ (841.50) 107910 (Pentamation additional 107983 & 108084 remittance copy) Payroll Liability 107960 - 107968 & $ 11,527.02 Warrants 108085 - 108094 $ 16,632.18 Regular Warrants 107969 - 108083 & $748,940.11 108100 - 108156 & $ 11,499.02 108157 - 108183 $269,785.55 Staff Recommendation: Approve the warrant register. C. Consider Use of Funds Received Pursuant to Memorandum of Understanding with Hidden Creek Ranch LP, North Park Village LP, and Messenger Investment Company. Staff Recommendation: Direct staff to deposit $130,000 of funds received pursuant to the Memorandum of Understanding into the City Hall Improvement Fund. 0001C-541 Minutes of the City Council Moorpark, California Paae 23 January 16, 2002 D. Consider Authorizing City Manager to Approve a Professional Services Agreement between the City of Moorpark and California CD Creations, Inc., for the Scanning of City Records to Digital /Electronic Image in the Questys Software Format. Staff Recommendation: Authorize the City Manager to approve the Agreement between the City and California CD Creations, Inc. E. Consider Adjustment to the Hourly Rates Charged for Engineering Services. Staff Recommendation: Approve a 2.7% increase to the rates charged for Engineering Services, effective January 1, 2002. G. Consider Resolution Designating Poindexter Avenue to be a Through Street in the Vicinity of Endeavor Court, and Directing the Placement of a Stop Sign at the Endeavor Court Entrance Thereto. Staff Recommendation: Adopt Resolution No. 2002 -1933. H. Consider Resolution in Support of Proposition 42, a Measure to Restrict the Use of Gasoline Taxes to Transportation Systems Improvements. Staff Recommendation: Adopt Resolution No. 2002 -1934. I. Consider Support for Assembly Bill 1145 Regarding Formation Proceedings for Regional Open -Space District in Ventura County. Staff Recommendation: Support Assembly Bill 1145 and authorize the Mayor to sign letters of support. The following item was pulled for individual consideration: F. Consider an Agreement between the City of Moorpark, and MSE for Regular Monthly Household Hazardous Waste (HHW) Event Participation. Staff Recommendation: 1) Approve the Agreement between the City of Moorpark, and MSE Environmental Inc. for provision of Regional Household and Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste Collection Program Services, subject to final language approval by the City Attorney and City Manager; and 2) Authorize the City Manager to execute the Agreement. Mayor Pro Tem Mikos stated that she wanted Moorpark residents to know that the number of days would be increased for disposal of household hazardous waste, OC�GSOS Minutes of the City Council Moorpark, California Paqe 24 January 16, 2002 and that this service was available to them. She also stated that additional information was available on the City's website. MOTION: Mayor Pro Tem Mikos moved and Councilmember Wozniak seconded a motion to approve Item 11.F. The motion carried by voice vote 4 -0, Mayor Hunter absent. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of one case under Item 13.A., and Items 13.E. and 13.G. Mr. Wohlenberg stated that the facts and circumstances creating significant exposure to litigation for the one case under Item 13.A. consist of a written communication threatening litigation received from AT &T Wireless regarding the proposed Wireless Communications ordinance. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of one case under Item 13.A., and Items 13.E. and 13.G. The motion carried by voice vote 4 -0, Mayor Hunter absent. 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) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 203 E. Los Angeles Ave., Moorpark, CA 93021 and 213 E. Los Angeles Ave., Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Wayne Colmer Under Negotiation: Price and terms of payment 0Q00 'S G Minutes of the City Council Moorpark, California Page 25 January 16, 2002 G. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 AT THIS POINT in, the meeting a recess was declared. The time was 10:34 p.m. The City Council reconvened into Closed Session at 10:47 p.m. Present in Closed Session were Councilmembers Harper, Millhouse, and Wozniak, and Mayor Pro Tem Mikos; Steven Kueny, City Manager; Bradley Wohlenberg, Assistant City Attorney; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director. Mr. Wohlenberg left the meeting at 10:55 p.m., following discussion of one case under Item 13.A. Mr. Riley and Ms. Traffenstedt left the meeting at 11:00 p.m., following discussion of Item 13.E. The City Council reconvened into open session at 11:20 p.m. Mr. Kueny stated that one case under Items 13.A., and Items 13.E. and 13.G. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Pro Tem Mikos adjourned the meeting at 11:20 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California April 17, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on April 17, 2002, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:50 p.m. 2. INVOCATION: Pastor Errol Hale from Shiloh Community Church, gave the Invocation. 3. PLEDGE OF ALLEGIANCE: Hugh Riley, Assistant City Manager, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager, Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Walter Brown, City Engineer; Captain Robert LeMay, Sheriff's Department; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director; and La -Dell Vanderen, Deputy City Clerk. S. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation acknowledging the month of April as Sexual Assault Awareness month. Mayor Hunter presented the Proclamation to Lisette Rodriguez, Public Relations Coordinator, for the Ventura County Coalition to End Domestic and Sexual Violence. 0 1C 0 S8 Minutes of the City Council Moorpark, California Paqe 2 ril 17, 2002 Ms. Rodriquez thanked the city for the proclamation and informed the Council that the Ventura County Coalition to End Domestic and Sexual Violence has been serving the citizens of Ventura County for 24 years; that one of the first steps for decreasing sexual assaults in the community is to bring about awareness and promote education; and the public can show its support for this cause by attending a coalition sponsored `Take Back the Streets" march and rally in downtown Ventura at Mission Park on April 26th at 5:30 p.m. B. CITY MANAGER'S MONTHLY REPORT. Mr. Kueny deferred the monthly report due to the upcoming joint meetings to be held with the Planning Commission and the Parks and Recreation Commission for which staff is reviewing many of the city's projects. 6. PUBLIC COMMENT: Gerald Goldstein, a Moorpark resident, discussed the upcoming State of the City Address to be given by the Mayor and requested that his speech be recorded so that the public can listen to the message. He went on to express concern for the loss of affordable housing, businesses, and jobs in the city. Cindy Hollister, a Moorpark resident, asked why the Hollister name appears on the Redevelopment Agency's agenda under Closed Session as Item 7.E. Mr. Kueny stated that during testimony at the hearing on the Hollister matter, it became known that a modular unit might be needed. In light of the action taken on the Moorpark Mobilehome Park on High Street, a modular unit may be available so this Item was scheduled to allow the Council to discuss whether the city wants to make it available and under what terms. In response to Ms. Hollister's statement that she had already located a modular unit, Mr. Kueny stated that there would then be no need to meet on this Item. In response to Mayor Hunter, Ms. Hollister stated she has already purchased another unit; however, its availability -)� Minutes of the City Council Moorpark, California Paqe 3 ril 17, 2002 has been delayed and she asked for an extension to the 25th of May. Mayor Hunter advised Ms. Hollister that the Council is unable to discuss the matter since it is not an agendized item and recommended that she contact Mr. Kueny and city staff to work out the details on an extension. David Aguirre, a Moorpark resident, and member of the Mexican American Historical Society in Ventura County, informed the public of an April 20th event at California State University, Channel Islands campus where officers were be installed. AT THIS POINT in the meeting, Mayor Hunter announced that the City Council would recess to convene the Redevelopment Agency meeting. The time was 7:06 p.m. The meeting reconvened at 7:06 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Mikos requested that Item ll.C. be pulled from the Consent Calendar. Councilmember Millhouse asked if the Hollister matter should be added to the agenda for discussion of the issues concerning the Hollister property. Councilmember Mikos asked if the Hollister matter should still be heard in Closed Session just in case the sale of the modular unit falls through. Mr. Kueny stated that as a result of the information provided by Ms. Hollister, the Council did not need to discuss this item. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced that the Moorpark Senior Center is having its annual Volunteer Recognition on Thursday, April 25th to honor those volunteers who gave a minimum of 12 hours to the center during 2001, and local business representatives and community leaders who have contributed to the center's success during 2001, have also been invited to attend. Minutes of the City Council Moorpark, California Page 4 April 17, 2002 Mayor Hunter announced that a dance for teens in grades nine through twelve would be held on Friday, April 26th at the Arroyo Vista Recreation Center from 8:00 -11:00 p.m. Mayor Hunter announced that the next Moorpark "After Dark Carnival Dance" for teens in grades six through nine, will be held at the Arroyo Vista Recreation Center on Friday, May 3rd from 7:00 p.m. to 10:00 p.m. and will feature carnival games, Whirly Bird attraction, DJ, and dancing. Mayor Hunter announced that everyone interested in skating at the Arroyo Vista Skatepark on Thursdays and Fridays from 3:00 p.m. to 6:00 p.m. should bring safety equipment and a free Skatepark Pass. Councilmember Millhouse asked that there be a Future Agenda item to discuss the Hollister matter. Mr. Kueny stated that staff has just spoken with Ms. Hollister and she will be sending in a letter in a few days and at that time the matter will be added to the next agenda. 9. PUBLIC HEARING: None. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Providing Comments on the Draft Unmet Transit Needs Findings to the Ventura County Transportation Commission (VCTC). Staff Recommendation: Provide comments on the draft Unmet Transit Needs findings, including the proposed direction on the report card, and direct staff to transmit the comments to VCTC. John Brand gave the staff report. He stated that background information has been provided to the Council since the distribution of the staff report. He added for clarification, that the Citizens Transportation Advisory Committee (CTAC) has requested that a report card on the status of all unfinished findings, demonstration projects, goals and recommendations be provided at the beginning of the process. He went on to state that the Ventura County Transportation Commission (VCTC) did not obligate themselves to complete such a report card. J'Z �C.Ii Minutes of the City Council Moorpark, California Paqe 5 April 17, 2002 Gerald Goldstein, a Moorpark resident, stated that an unmet need is bus transportation to a City Council meeting later than 4 :30 or 5:00 p.m. and transportation back home after the meeting. Councilmember Mikos discussed information and a sample report card she had provided to the Council regarding her concerns about the report card issue. She emphasized the need to have the goals and unmet needs report card available at beginning of the Unmet Needs hearing process to encourage the public to make comments; recommended that the city complete its own report card so that next year they can show the VCTC what it looks like; and suggested that the Council formally request this report card process be implemented by the VCTC so that future Ventura County's transportation needs can be considered. Councilmember Wozniak stated that the reason the report card was not brought forward to the VCTC was due to lack of support from other cities. He reminded that Council that even though SSTAC and CTAC had approved the use of a report card, they act only in an advisory capacity to the VCTC, which makes the final decision. Councilmember Wozniak agreed that Moorpark should do its own report card as a sample to show to other cities and the VCTC and include tracking of staff time used to complete the report. In response to Councilmember Mikos, Councilmember Wozniak stated that he did not know if the report card would be valuable as a requirement by VCTC. He also stated that he would like to see a sample report card prepared for the city to see if it works. Councilmember Mikos asked that Councilmember Wozniak request that the VCTC not drop unaccomplished, approved goals from year to year. She cited for example, an unachieved goal to work with the three community colleges to develop a transit marketing program to increase student ridership, which has been dropped from this year's list of goals. Councilmember Wozniak concurred with Councilmember Mikos and stated that there is a need to ask why Minutes of the City Council Moorpark, California Paqe 6 ril 17, 2002 unaccomplished goals are not carried over from year to year and moved up on the priority list. In response to Councilmember Millhouse, Mr. Kueny stated that he does not see completion of a report card taking up a lot of staff time since this is just a status report; information is currently provided to the Council in various forms such as transit reports prepared by the Community Services Department; and a report card /status report could probably be prepared by January or February. Ms. Lindley concurred with Mr. Kueny, stating that a report on the status of goals and findings that relate to Moorpark would not be an onerous task. Councilmember Millhouse stated he would be in favor of the proposed report card, as long as it does not take up too much staff time; it is important that the public recognize that this subject of unmet transit needs is dealing with public transportation, bus needs, commuter express needs, and not with individualized transportation needs. In response to Councilmember Harper, Councilmember Wozniak stated that the VCTC has considered installing bike racks on buses; a bicycle organization from Moorpark is putting together a proposal for what is required for buses to accommodate the bike racks; and it would be fine to list this as a goal for the City of Moorpark, but until the proposal comes back to the VCTC with specific information on how bike racks can be installed uniformly throughout the system, it is unlikely to be implemented. Councilmember Harper stated that the city of Moorpark will be going out to bid again for the city's own transportation contract for buses and perhaps this can be included in the contract that new buses be designed to accommodate bicycles. In response to Councilmember Harper, Councilmember Wozniak stated that most local beach communities have not worked through VCTC, but provide their own service for transportation to the beach. Minutes of the City Council Moorpark, California Paqe 7 April 17, 2002 Councilmember Harper echoed Councilmember Mikos' request that the transit marketing program to promote the marketing of bus service be reinstated as a goal, as it is needed at the college campuses to promote student awareness of the availability of bus transit. In response to Ms. Lindley's request for clarification of what is expected of staff besides a status report on city programs, Councilmember Mikos stated that she would like to see Councilmember Wozniak transmit a letter to VCTC indicating that this meeting took place; that the City of Moorpark likes the idea of having a report card, will complete one, and encourages other cities to do the same; and the letter should also request the VCTC vote at their next meeting to carry unmet goals forward from year to year. Mayor Hunter stated that he would be uncomfortable with that wording. He stated that it would be fine for Councilmember Wozniak to take information to the VCTC that the city of Moorpark sees value in evaluating a report card or status report and intends to implement a pilot status report, but he does not want to appear to tell other cities what to do by recommending they do the same. Councilmember Wozniak concurred with the Mayor and stated that the city can complete the pilot status report, which when presented, will make the other cities aware of it. In response to Councilmember Mikos, Councilmember Wozniak stated that he concurs that the VCTC should address goal carryover. Mr. Kueny clarified that there could be reasons that a goal is dropped and if that is the case, an explanation could be listed. Mayor Hunter stated that before a goal is dropped there should be verification of the concurrence from the member cities. Mr. Kueny requested clarification for staff that Councilmember Wozniak would present this information to VCTC. Minutes of the City Council Moorpark, California Paqe 8 ril 17, 2002 Mayor Hunter confirmed that this was the consensus. B. Consider Ventura Council of Governments (VCOG) Staffing and Budget Options. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny recommended that this item be continued to the Special Joint meeting of the City Council /Planning Commission on April 24, 2002, at 6:30 p.m. to allow the City Managers group and other cities to weigh in on this issue and still provide direction for the Mayor for his attendance the next day at the VCOG meeting. Mayor Hunter asked that staff verify whether or not the Board of Supervisors has submitted a letter indicating that they are going to withdraw from VCOG pending potential modifications to the participation to VCOG. He also asked staff to verify whether the city of Fillmore has withdrawn from membership in VCOG. Mr. Kueny stated that a letter was received today, which addressed those issues and would be included in the meeting of April 24t''. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to continue this item to the Special Joint Meeting of the City Council /Planning Commission scheduled for April 24, 2002. The motion carried by unanimous voice vote. C. Consider Design for New Fire Station on High Street. Staff Recommendation: Approve concept design and schematic plans for new fire station on High Street. Mr. Riley gave the staff report. Donny DeWise, project designer from Robbins, Jorgenson Christopher, Architects, described the site and Q� Minutes of the City Council Moorpark, California Paqe 9 April 17, 2002 conceptual design of a contemporary version of a classical, downtown fire station. In response to Mayor Hunter, Chief Esterling from the Ventura County Fire District, stated that the interior design of the station meets the operational needs of fire fighters and the signage for the station is still under consideration. Councilmember Mikos stated that the design looks good, however she asked if it could be changed to look more "old- time" by eliminating the flatness of the roofline and adding thicker /wider brick to the exterior to blend more with the older buildings along High Street. Chief Esterling stated that he would be open to adding cornices to the roofline; however he has some concerns regarding changes to the roof line due to added cost; and that the brick is a classic brick, which is thicker than it appears in the rendering. Mark DiCecco, architect and Planning Commissioner, stated that he agrees that the design is consistent with the intent of the Downtown Specific Plan. He went on to suggest that consideration should be given to having a cornice element along the roof line; providing glazed doors for the roll -up doors on the front of the building for a view of the fire trucks; changing the floor plans to reflect the recessed windows and doorways, as depicted on the renderings; installing a real window rather than opaque glass in the upper window of the prominently located dorm room on the corner; relocating the seating elements on the corner of High Street and Magnolia Avenue further out from the landscaping to make them more inviting; and to make sure the brick element and architectural features continue around to the west elevation since there is no rendering of that side of the building. In response to Mayor Hunter, Chief Esterling stated he would discuss the suggestion for glazed roll -up doors with the Fire District, as there may be some privacy concerns. In response to Mayor Hunter, Mr. DeWise stated that he concurs with the addition of a cornice; he would look at the operational aspects of installing glazed Minutes of the City Council Moorpark, California Page 10 April 17, 2002 windows; recessed windows are possible; the planter seating will be reconsidered; and the brick does continue around the building to the west elevation. In response to Councilmember Harper, Mr. DeWise stated that there will be architectural lighting, especially to light the tower, but there is a need to balance the exterior lighting due to the adjacent residential area. In response to Mr. Kueny, Mr. DeWise stated that a full brick veneer was not considered due to costs. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the conceptual design and schematic plans for the new fire station on High Street with agreed upon modifications and requested that Mr. DiCecco review the revised plans. The motion carried by unanimous voice vote. D. Consider Award of Contract for Desian of the Police Services Center to WWC OT Architects, Inc. and adopt Resolution No. 2002 -1964. Staff Recommendation: 1) Award a contract to WWCOT Architects in the amount of $505,000 and authorize the City Manager to execute said contract; and 2) Adopt Resolution No. 2002 -1964, amending, the FY 2001/2002 Budget, allocating $515,000 for the design of the Police Services Center. (ROLL CALL VOTE REQUIRED) Mr. Riley gave the staff report. Gerald Goldstein, a Moorpark resident, stated that he would like to see more information on the other competing architects and their plans for the police station. Mr. Riley named the six architectural firms who responded to the Request for Proposal and stated that all of their proposals are available to the public for review. The firm of Widom, Wein, Cohen, O'Leary, and Terasawa (WWCOT) firm was selected as the top candidate. He introduced Chester Widom and Andrea Cohen, architects with WWCOT. Councilmember Mikos invited the architects to address the Council. rJ G7 Minutes of the City Council Moorpark, California Page 11 April 17, 2002 Chester Widom, architect for WWCOT, 3130 Wilshire Boulevard, Santa Monica, California, conveyed the firm's excitement about working on this project. He introduced Ms. Cohen. In response to Councilmember Harper's request for a description of what the architects have in mind for the facility, Ms. Cohen stated that the team will be going through a process of design, discovery, and analysis to reach a conclusion. She indicated that the design of the new fire station, city hall and this police station will need to "talk to each other" as the three new civic buildings will anchor this historic core of the city along High Street. Mr. Widom went on to describe the challenge of balancing the design of the building to fit in visually, and still make the statement that the police services are a part of the 21St Century. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Award a contract to WWCOT Architects in the amount of $505,000 and authorize the City Manager to execute said contract; and 2) Adopt Resolution No. 2002 -1964, amending, the FY 2001/2002 Budget, allocating $515,000 for the design of the Police Services Center. The motion carried by unanimous roll call vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Item 11.C., which was pulled for individual consideration. A. Consider Approval of Minutes of Regular Meeting of October 3, 2001. Staff Recommendation: Approve minutes as processed. J000G Minutes of the City Council Moorpark, California Page 12 0 ril 17, 2002 Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - April 17, 2002. Manual Warrants Voided Warrants Payroll Liability Warrants Regular Warrants 108732 - 108733 & $ 30,824.00 108950 - 108952 $ 27,818.85 $ - 0 - 108953 - 108961 $ 11,471.10 108962 - 109053 & $ 25,758.32 109054 - 109077 $452,001.06 Staff Recommendation: Approve the warrant register. Consider a Resolution to Amend the City Budget to Reflect the Total Final Costs for the Construction and Landscaping of the Rock Fountain Art in Public Places Project at Tierra Rejada and Mountain Trail. Staff Recommendation: 1) Approve proposed dedication language and budget amendment; and 2) adopt Resolution No. 2002 -1965 amending the city budget. (ROLL CALL VOTE REQUIRED) The following item was pulled for individual consideration. C. Consider Resolution to Support the Extension of Operating Hours at the State Road 118 Highway Inspection Station and Enhanced Traffic Enforcement on SR 118 through Moorpark. Staff Recommendation: Adopt Resolution No. 2002 -1966 and direct the City Clerk to distribute copies to the appropriate governmental authorities and officials. Councilmember Mikos asked staff for clarification as to whether the title of the Resolution for this item should reflect the request to increase the hours. She also asked whether the city is asking them to do an application or support an application. In response to Councilmember Mikos, Mr. Riley stated that although staff has not seen the application, the information received from the county and from the California Highway Patrol, is that a new application 1) Q 1CG51 Minutes of the City Council Moorpark, California Paqe 13 April 17, 2002 is being prepared; the previous applications did not include accident statistics and enforcement information within the city's incorporated area; the new application will probably include funding for enhanced enforcement inside the city and outside the city along the 118 corridor; and it is understood that the County and California Highway Patrol will file the application. Councilmember Mikos stated that in the fourth recital for consistency purposes, the Resolution should include the percentages and numbers for each accident statistic. Councilmember Millhouse concurred with Councilmember Mikos' comments regarding the title of the Resolution and suggested adding the term "encouraging" along with supporting the application and that at the end of the Resolution title identify the Council's desire for extending the operation hours. MOTION: Councilmember Mikos moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002- 1966, as amended. The motion carried by unanimous voice vote. 12. ORDINANCES: None. 13. CLOSED SESSION: Mr. Kueny stated that the Council would be going into closed session to discuss Items 13.C. and 13.D. MOTION Councilmember Harper moved and Councilmember Mikos seconded a motion to recess to Closed Session to hear Items 13.C. and 13.D. The motion carried by unanimous voice vote. The time was 8:20 p.m. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Monte L. Abbath Under Negotiation: Price and terms of payment Minutes of the City Council Moorpark, California Pane 14 April 17, 2002 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin - Victoria Velazquez Trust Under Negotiation: Price and terms of payment AT THIS POINT in the meeting a recess was declared. The time was 8:20 p.m. The City Council reconvened into Closed Session at 8:48 p.m. Present in Closed Session were Councilmembers Harper, Mikos, Millhouse, and Wozniak, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; and Deborah Traffenstedt, Assistant to City Manager /City Clerk and Acting Community Development Director. The City Council reconvened into open session at 8:58 p.m. Mr. Kueny stated that Items 13.C. and 13.D. were discussed and that there was no action to report. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:58 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California May 15, 2002 A Regular Meeting of the City Council of the City of Moorpark was held on May 15, 2002, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:10 p.m. 2. INVOCATION: Pastor Paul Hatfield, from Cornerstone Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: City Manager Steven Kueny led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager, Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Dana Shigley, Administrative Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk and Blanca Garza, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Acknowledging Public Works Week as May 19 through May 25, 2002. Mayor Hunter read the proclamation and presented it to Ken Gilbert, Director of Public Works. Mr. Gilbert stated that it is good to recognize something that is taken for granted, namely the Minutes of the City Council Moorpark, California Paqe 2 Mav 15, 2002 bridges, the roads, and the basic infrastructure that allows us to have the quality of life we have. B. Introduction of New Employee, Barry Hogan, Community Development Director. Mayor Hunter introduced Barry Hogan, Community Development Director and welcomed him to the City's staff. C. Presentation of Certificates of Recognition to the Moorpark High School Academic Decathlon Team and Coaches. Mayor Hunter introduced and presented Certificates of Recognition to Mr. Larry Jones and each member of the 2002 Moorpark High School Academic Decathlon Team. Mr. Jones introduced the members of the team and highlighted the team's many accomplishments. D. City Manager's Monthly Report. Mr. Kueny introduced Walter Brown, City Engineer, who gave the monthly report. Mr. Brown provided an update on projects being built in the city of Moorpark including Tract 4975 by Greystone and William Lyons Homes; the almost complete Tract 4976; Tract 4977 by Richmond American under construction; Tract 4980 by Carlsberg Development in build -out; Toll Brothers project with 30 homes under construction; Tract 5045 by Pardee Homes entering plan check; Tract 5161 by Cabrillo Economic Development with lower cost housing in progress; Moorpark Apartments nearly completed; and Adelphia Cable company providing conduit enhancements to improve services. 6. PUBLIC COMMENT: Amado Reynoso, Moorpark resident, addressed the Council and discussed his concerns regarding transportation impacts to his Flory Avenue neighborhood created by the Colmer Development. Minutes of the City Council Moorpark, California Paqe 3 Mav 15, 2002 Mayor Hunter replied to Mr. Reynoso's concerns by stating that when the Council approved this project they were responding to the overwhelming need for housing in the community, especially at the lower income level. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:41 p.m. The City Council meeting reconvened at 7:45 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Millhouse requested that Item 10.E. be moved forward on the agenda to be heard first under Presentation /Action /Discussion. Councilmember Mikos requested that Item ll.H. be pulled from the Consent Calendar for individual consideration. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos invited the public to contact her through City Hall, if they wish to join in an eight mile hike to the top of Big Mountain for a view of the Channel Islands on Saturday, May 18, 2002, from 9:15 a.m. to 3:45 p.m. Councilmember Millhouse announced the varsity finals of the Ventura County Youth Track Conference to be held at Moorpark High School at 8:30 a.m. on Saturday, May 18, 2002. Councilmember Millhouse announced that on Monday, June 3, 2002, the Moorpark Community Football Golf Classic, which benefits high school and youth football programs in Moorpark, will be held at Wood Ranch Country Club in Simi Valley, and those interested in attending may contact Moorpark High School for more information. 9. PUBLIC HEARINGS: None. 10. PRESENTATION /ACTION /DISCUSSION: E. Consider City Co- sponsorship of the Moorpark Rotary Club's Civil War Reenactment. Staff Recommendation: Direct staff as deemed appropriate. .700'® -:141 Minutes of the City Council Moorpark, California Page 4 May 15, 2002 AT THIS POINT in the meeting, Councilmember Millhouse stated that he would abstain from consideration on this item as he is a member of the Moorpark Rotary and wished to avoid any perception of a conflict of interest. He left the dais at 7:52 p.m. Mayor Hunter gave a brief history of the success of this event in the previous year .and its positive reception by the community. Mr. Kueny stated that the only concern staff would have in co- sponsoring the event would be in the area of liability due to the nature of the activity. In response to Councilmember Harper, Mr. Kueny stated that the Council would need to decide what dollar amount of insurance coverage would be sufficient. He also stated that in investigating the option of Special Event insurance, pyrotechnics and cannons were excluded. Dale Parvin, Fundraising Chair for the Moorpark Rotary Club's Civil War Reenactment, stated that he is not an expert on the insurance issue. He went on to state that he does not feel the city would be any more liable than any other sponsor such as Kavlico, Chili's or Card Service Center. Mr. Parvin described community youth events that the Rotary sponsored last year from the proceeds of the Civil War Reenactment. He acknowledged the fact that the city may not be able to contribute cash, but that it is hoped the city can provide such things as message reader boards and advertising space in the community quarterly newsletter. In response to Councilmember Harper, Mr. Parvin stated he would look into the cost for obtaining additional insurance coverage for the event. He also went on to describe the potential income the community will receive from the reenactors who patronize businesses within the city during their stay in Moorpark. CONSENSUS: It was the consensus of the Council to direct staff to meet with Mr. Parvin to resolve the 1'3` 07 SO Minutes of the City Council Moorpark, California Page 5 May 15, 2002 insurance coverage questions and to reschedule this item for the June 5, 2002, meeting. AT THIS POINT in the meeting, Councilmember Millhouse returned to the dais. The time was 8:01 p.m. A. Consider Proposed Operating and Capital Improvements Budgets for the Fiscal Year 2002/2003. Staff Recommendation: Set budget workshop for May 22 or May 29, 2002. Mr. Kueny presented the budget proposals and commented that it appears, at this time, that the state is not seeking to take property taxes from the city, but is targeting the Redevelopment Agency in the amount of $90,000 per year; and is not seeking to divert the vehicle license fees from the cities and counties. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A discussion among the Councilmembers followed regarding scheduling the date and time for the budget workshop. CONSENSUS: It was the consensus of the Council to set the budget workshop to be held at 6:30 p.m. on May 22, 2002, and if a continuance is necessary to set the date for May 29, 2002. B. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the July 3 and August 7, 2002, regular meetings. Ms. Traffenstedt presented the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to direct staff to post a notice of meeting cancellation for the July 3 and August 7, 2002 City Council meetings. The motion passed by unanimous voice vote. J1300 e Minutes of the City Council Moorpark, California Page 6 Mav 15, 2002 C. Consider Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2002/2003. Staff Recommendations: 1) Adopt Resolution No. 2002 -1972 approving the Engineer's Report and setting June 5, 2002, as the date of a public hearing to consider the levy of assessments for FY 2002/2003; 2) Direct staff to initiate efforts necessary for the City Council to consider formation of a new Citywide Landscaping and Lighting Assessment District which, if approved, would become effective for FY 2003/2004. Mr. Gilbert gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. In response to Councilmember Mikos, Mr. Gilbert clarified that if the Council passes this resolution it approves the Engineer's Report and sets the date for the hearing to consider the levy of assessments. He stated that the second part of the recommendation would not be discussed at the June hearing, and is only seeking direction on whether or not formation of a new Assessment District is a viable way of enhancing revenues to cope with the problem. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to: 1) Adopt Resolution No. 2002- 1972 approving the Engineer's Report and setting June 5, 2002, as the date of a public hearing to consider the levy of assessments for FY 2002/2003; 2) Direct staff to initiate efforts necessary for the City Council to consider formation of a new Citywide Landscaping and Lighting Assessment District, which will become effective for FY 2003/2004. The motion carried by unanimous voice vote. D. Consider Establishment of a Parkina In -Lieu Fee for the Downtown Area. Staff Recommendation: 1) Approve the concept of a Parking In -Lieu Fee for the Downtown Area as described in the agenda report; and 2) Direct staff to provide the required notices, and to advertise a public hearing on June 5, 2002, for the establishment by resolution of a Parking In -lieu Fee for the Downtown Area. Mr. Riley gave the staff report. 0.3'3 ®i:'7 Minutes of the City Council Moorpark, California Page 7 Mav 15, 2002 In response to Councilmember Mikos, Mr. Riley stated that currently there is no fixed or in -lieu fee for new businesses in the Downtown Area. He indicated that the city handles these on a case by case basis, at the time of Development Permit approval, for whatever parking can be provided, either on or offsite. Mr. Riley stated that this proposal allows for a financing mechanism to make contributions towards public parking that supports the whole area. In response to Councilmember Mikos, Mr. Riley stated that staff is asking the Council to establish the concept and the amount of the fee. In response to Councilmember Harper, Mr. Riley indicated that the $3,000 per parking space is an average cost and does not specifically address handicapped parking. In response to Councilmember Millhouse, Mr. Riley clarified that this proposal pertains to new business coming into the Downtown Area where there is not enough space on site to develop parking and to existing businesses, which want to expand. He stated that sites for parking construction have already been identified. In response to Councilmember Millhouse's concerns that the dollar amount of the parking in -lieu fee will discourage new businesses from coming into the Downtown Area, Mr. Kueny stated that there are several options available and that this proposal is an incentive for the businesses. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Approve the concept of a Parking In -Lieu Fee for the Downtown Area as described in the agenda report; and 2) Direct staff to provide the required notices, and to advertise a public hearing on June 5, 2002, for the establishment by resolution of a Parking In -lieu Fee for the Downtown Area. The motion passed by unanimous voice vote. Minutes of the City Council Moorpark, California Paqe 8 May 15, 2002 11. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar with the exception of Item ll.H. The motion carried by unanimous roll call vote. A. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - May 15, 2002. Manual Warrants Voided Warrants Payroll Liability Warrants 109239 - 109251 $ 33,369.82 109243 - 109244 & $ - 0 - 109358 109379 - 109386 $ 11,450.89 Regular Warrants 109252 - 109354 & $ 26,924.30 109355 - 109378 $976,657.15 Staff Recommendation: Approve the warrant register. B. Consider Second Addendum to Memorandum of Aareement (MOA) with Service Employees International Union AFL - CIO, CLC Local 998 Pertaining to July 3 or July 5 and December 31 Holidays. Staff Recommendation: Authorize the City Manager to approve the Second Addendum to the MOA with the final language to be approved by the City Manager. C. Consider Park Rental Fee Waiver for Ventura County Special Olympics. Staff Recommendation: Approve Ventura County Special Olympics' request for a park rental fee waiver. D. Consider Quarterly Treasurer's Report. Staff Recommendation: Receive and file Quarterly Treasurer's Report. E. Consider Authorizing Recordation of the Notice of Completion for the Construction of the Arroyo Vista Community Park (AVCP) Phase II Restroom Utility Project. Staff Recommendation: 1) Accept the work as complete and authorize the City Clerk to file the Notice of Completion for the project; 2) Authorize the release of the balance of payment, due upon Minutes of the City Council Moorpark, California Paqe 9 Mav 15, 2002 satisfactory clearance and thirty -five (35) days after Notice of Completion records and completion of close- out contractual obligations on the part of the contractor. F. Consider Purchase of Microsoft Office Upgrades for All Users. Staff Recommendation: Adopt Resolution No. 2002 -1973, amending the 2001/2002 fiscal year budget to provide $18,000 for the purchase of software upgrades. G. Consider a Resolution Rescinding Resoli 1918 and Adopting Revised Engineerin( Standards to Add Provisions Pertaining Index; 2) Use of Steel Plates; and 3) Name Signs. Staff Recommendation: Adopt 2002 -1974. ztion No. 2001 - Policies and to 1) Traffic Advance Street Resolution No. The following item was pulled for individual consideration: H. Right -of -Way Acquisition for Los Angeles Avenue Widening Projects. Staff Recommendation: Authorize the City Manager to execute documents related to the acquisition of certain street rights -of -way and related property rights required to construct the projects described in this agenda report. Councilmember Mikos stated that she wanted to bring this item to the attention of the public so that they are made aware that the widening and improvement of Los Angeles Avenue is going to begin. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to: 1) Authorize the City Manager to execute documents related to the acquisition of certain street rights -of -way and related property rights required to construct the projects described in this agenda report. The motion carried by unanimous voice vote. 12. ORDINANCES: A. Consider Ordinance 280, an Ordinance Amending Sections 8119 -5.4 and 8119 -6.5 of Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations" Related to Site Development Standards in the Sub - Regional Retail/ Commercial and Business Park Zones of the Carlsberg ID �' C, 0�0 Minutes of the City Council Moorpark, California Page 10 May 15, 2002 Specific Plan. Staff Recommendation: Declare Ordinance No. 280 read for the second time and adopted as read. Ms. Traffenstedt read the ordinance title. Ms. Traffenstedt indicated that a motion would be in order to waive further reading of Ordinance No. 280. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 280. The motion carried by unanimous voice vote. Ms. Traffenstedt indicated order to declare Ordinance time and adopted as read. that a motion would be in No. 280 read for the second MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 280 read for the second time and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance 281, an Ordinance Approving Zone Change (ZC) No. 2001 -01 to Change the Zoning Designation from R -2 (Two Family Residential) To RPD (Residential Planned Development) 9 Dwelling Units /Acre on One Parcel (APN 512 -0 -110 -112) Totaling Approximately 2.44 Gross Acres of Land Located on the Northeast Corner of Los Angeles Avenue and Flory Street, on the Application of Colmer Development Company. Staff Recommendation: Declare Ordinance No. 281 read for the second time and adopted as read. Ms. Traffenstedt read the ordinance title. Ms. Traffenstedt indicated that a motion would be in order to waive further reading of Ordinance No. 281. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to waive further reading of Ordinance No. 281. The motion carried by unanimous voice vote. Ms. Traffenstedt indicated that a motion would be in order to declare Ordinance No. 281 read for the second time and adopted as read. Minutes of the City Council Moorpark, California Paqe 11 May 15, 2002 MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 281 read for the second time and adopted as read. The motion carried by unanimous voice vote. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:24 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk 0,00®83 CITY OF MOORPARg WARRANT REGISTER FOR THE 2002 -2003 FISCAL YEAR CITY COUNCIL MEETING OF FEBRUARY I9, 2003 SEQUENCE AMOUNT From To MANUAL 111871 - 111873 $ 20,005.50 WARRANTS VOIDED 111938 $ 0.00 WARRANT PAYROLL LIABILITY 111964 - 111971 $ 12,489.00 WARRANTS REGULAR 111874 - 111932 & $ 14,984.73 WARRANTS 111933 - 111963 $ 698,521.02 TOTAL $ 746,000.25 0,00®83 02/10/03 CITY OF MOORPARK, CA PAGE 1 ACCOUNTING PERIOD: 8/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX DISC DATE CHECK AMT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX DISC AMT NET PAYABLE 100031100000 9241 CITY OF MOORPARK N 02/03/03 1101 0.00 02/03/03 500.00 M020303 EMP RECOGNITION MTG 20 022503 02/03/03 111872 0.00 0.00 500.00 TOTAL HUMAN RESOURCES CHECK AMT TOTAL HUMAN RESOURCES NET PAYABLE 500.00 500.00 TOTAL GENERAL FUND CHECK AMT TOTAL GENERAL FUND NET PAYABLE 500.00 500.00 C RUN DATE 02/10/03 TIME 16:12:22 PENTAMATION - FUND ACCOUNTING 02/10/03 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 8/02 MANUAL CHECK ACTIVITY FUND - 2901 - MRA LOW /MOD INC HOUSE /INC BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO 290124202001 9285 CHICAGO TITLE COMPAN N 02/03/03 1101 M020303 MOBILEHOME SP #26 PU 20 SP# 26 02/03/03 111873 TOTAL MRPK MOBILE HM PARK RELOC CHECK AMT TOTAL MRPK MOBILE HM PARK RELOC NET PAYABLE TOTAL MRA LOW /MOD INC HOUSE /INC CHECK AMT TOTAL MRA LOW /MOD INC HOUSE /INC NET PAYABLE RUN DATE 02/10/03 TIME 16:12 :22 PAGE 2 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/05/03 19425.00 0.00 0.00 19425.00 PENTAMATION - FUND ACCOUNTING 19425.00 19425.00 19425.00 19425.00 02/10/03 ACCOUNTING PERIOD: 8/02 CITY OF MOORPARK, CA MANUAL CHECK ACTIVITY FUND - 5001 - SOLID WASTE AB939 BUDGET UNIT ACCOUNT CONTROL VENDOR DESCRIPTION 1099 T/C PURCHASE INVOICE ORDE TRANSACT PROGRAM CHK DATE ACCOUNT CASH ACCT CHECK NO 500175307502 9223 M020303 CLARION HOTEL N J BRAND -CIWMB MTG LO 20 44510992 02/03/03 02/03/03 1101 111871 TOTAL AB939 CHECK AMT TOTAL AB939 NET PAYABLE TOTAL SOLID WASTE AB939 CHECK AMT TOTAL SOLID WASTE AB939 NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE MA RUN DATE 02/10/03 TIME 16:12:22 PAGE 3 SALES TAX DISC DATE CHECK AMT USE TAX DISC AMT NET PAYABLE 0.00 02/03/03 80.50 0.00 0.00 80.50 PENTAMATION - FUND ACCOUNTING 80.50 80.50 80.50 80.50 20005.50 20005.50 PENTAMATION - FUND ACCOUNTING DATE: 02/12/03 CITY OF MOORPARK, CA TIME: 14 :43:50 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 111964 1101 02/14/03 2335 AMERICAN HERITAGE LIFE IN 2299 111965 1101 02/14/03 1886 ICMA RETIREMENT TRUST 457 2210 111965 1101 02/14/03 1886 ICMA RETIREMENT TRUST 457 2210 TOTAL CHECK 111966 1101 02/14/03 1888 S E I U LOCAL 998 2208 111967 1101 02/14/03 1891 SANDRA KUENY 2299 111968 1101 02/14/03 1889 UNITED WAY OF VENTURA COU 2207 111969 1101 02/14/03 1890 VENTURA COUNTY DISTRICT A 2299 111970 1101 02/14/03 1887 WASHINGTON MUTUAL BANK, F 2210 111970 1101 02/14/03 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL CHECK 111971 1101 02/14/03 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL FUND TOTAL REPORT �3 a W ------- DESCRIPTION- - - - - -- CANCER INSURANCE F/T REG DEFER COMP F/T REG DEFER COMP UNION DUES CASE #SD020444 EMPLOYEE CONTRIBUTION ID #9600616061 F/T REG DEFER COMP F/T REG DEFER COMP P/T REG DEFER COMP PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 8/02 AMOUNT 114.32 3,361.21 1,149.90 4,511.11 397.71 1,693.00 179.00 168.46 1,570.74 3,445.20 5,015.94 409.46 12,489.00 12,489.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 02/12/03 CITY OF MOORPARK, CA VENCHK21 TIME: 14:43:53 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/02 FUND FUND TITLE 1000 GENERAL FUND TOTAL REPORT AMOUNT 12,489.00 12,489.00 PENTAMATION - FUND ACCOUNTING DATE: 02/12/03 PAGE NUMBER: 1 CITY OF MOORPARK, CA VENCHK21 TIME: 08:11:47 CHECK REGISTER ACCOUNTING PERIOD: 8/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 111874 1101 02/12/03 2690 ACCOUNTEMPS 9102 SZABO -WK END 1/24/03 720.00 111875 1101 02/12/03 1011 ACCURATE INDUSTRIAL SUPPL 9251 RADAR TRAILER REPAIR 11.85 111875 1101 02/12/03 1011 ACCURATE INDUSTRIAL SUPPL 9303 PW CLAMPS 43.69 111875 1101 02/12/03 1011 ACCURATE INDUSTRIAL SUPPL 9204 PARKS MAINTENANCE SUP 39.36 111875 1101 02/12/03 1011 ACCURATE INDUSTRIAL SUPPL 9252 AVCP RR MAINTENANCE 17.19 TOTAL CHECK 112.09 111876 1101 02/12/03 1030 AMERICAN RED CROSS 9160 BABYSITTING INSTRUCT 375.00 111877 1101 02/12/03 2872 ANDY'S AUTOMOTIVE 9254 #16 TRUCK REPAIR 278.54 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03EMRGNCY SRVC PAGE 3.86 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2/03C CLERK PAGER 5.76 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03PW PAGER 15.38 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2/03C MGR PAGER 28.02 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03PRKNG ENF PAGER 5.29 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03COM DEV PAGER 5.76 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03PARKS PAGER 8.66 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2/03C COUNCIL PAGERS 63.88 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03RECREATION PAGER 10.62 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03MRA PAGER 4.33 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03COMM SRVCS PAGER 5.76 111878 1101 02/12/03 2697 ARCH WIRELESS 9420 2 /03COM FAC PAGER 5.29 TOTAL CHECK 162.61 111879 1101 02/12/03 1037 ARROWHEAD DRINKING WATER 9205 1 /03BREAKROOM SUPPLIE 195.08 111880 1101 02/12/03 3389 ASPEN PUBLISHERS, INC. 9220 03 EMPLOYERS GUIDE 96.68 111881 1101 02/12/03 2299 BOB BROOKS, SHERIFF BUSIN 9236 12 /02FINGERPRINTING 10.00 111.882 1101 02/12/03 2414 BRANDCO BILLING 9254 #28 OIL CHANGE,WIPERS 45.50 111883 1101 02/12/03 1805 CALIFORNIA POSTER COMPLIA 9205 STATE &FEDERAL POSTERS 242.15 111884 1101 02/12/03 1144 COMPUWAVE 9202 COLOR PRINTER CARTRID 563.06 111884 1101 02/12/03 1144 COMPUWAVE 9201 COMPAQ AC ADAPTER 95.45 111884 1101 02/12/03 1144 COMPUWAVE 9201 KODAK MULTI -CARD READ 35.39 TOTAL CHECK 693.90 111885 1101 02/12/03 1582 CREATIVE SOUNDS 9244 TEEN EVENT DEEJAY SRV 395.00 111886 1101 02/12/03 2226 DEPARTMENT OF JUSTICE 9236 12 /02FINGERPRINT APPS 32.00 111887 1101 02/12/03 1179 DIAL SECURITY 9103 2 /03SHADYRIDGE BUFFER 180.00 111887 1101 02/12/03 1179 DIAL SECURITY 9103 2/03 AVRC MONITOR 180.00 TOTAL CHECK 360.00 �j 111888 µF 1 1101 ehclll 02/12/03 2320 DIGITAL TELECOMMUNICATION 9102 2 /03MONTHLY SRVC 284.00 111889 1101 02/12/03 1690 DOYLE SHAW ICE 9204 VECTOR DRY ICE 16.00 111890 1101 02/12/03 1489 DRIVER ALLIANT 9233 10 -12/02 BALANCE DUE 10.00 111891 �r1�1 1101 02/12/03 2951 EARHART, KATHRYN M. 9160 VALENTINE STAMP WORKS 18.00 PENTAMATION - FUND ACCOUNTING DATE: 02/12/03 CITY OF MOORPARK, CA TIME: 08:11:47 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- 111892 1101 02/12/03 2862 G.I. RUBBISH 9252 MOBILEHOME PRK TRASH 111893 1101 02/12/03 1236 GALL'S INC 9208 MPK PD PELICAN CASE 111894 1101 02/12/03 3432 GILLIBRAND CO., INC. 9205 POINDEXTER PRK RE -SEE 111895 1101 02/12/03 3378 HIGDON, KRIS 9103 CC &MRA MTG MINUTES 111895 1101 02/12/03 3378 HIGDON, KRIS 9103 HCC MTG MINUTES TOTAL CHECK 111896 1101 02/12/03 1283 HOME DEPOT -GECF 9204 VECTOR OPERATING SUPP 111897 1101 02/12/03 2408 HYATT REGENCY HOTEL, MONT 9225 2 /25- 27LEAGUE OF CA 111898 1101 02/12/03 3435 JEMS 9220 03 EMT PUBLICATION 111899 1101 02/12/03 1309 JOBS AVAILABLE, INC 9236 12 /02COMM SRVCS TECH 111900 1101 02/12/03 3170 KEISLER, JOHN R. 9632 COMM CTR PRK IMPROVEM 111901 1101 02/12/03 2812 LED, INC. 9205 TURBO FLAIRS SHIPPING 111902 1101 02/12/03 1645 LONG BEACH UNIFORM COMPAN 9205 MPK PD BOOTS & PANTS 111903 1101 02/12/03 3401 MATHEWS, MICHAEL 9225 LEAGUE OF CA PER DIEM 111903 1101 02/12/03 3401 MATHEWS, MICHAEL 9224 LEAGUE OF CA MILEAGE TOTAL CHECK 111904 1101 02/12/03 1366 MCMASTER -CARR SUPPLY 9204 PRKS OFFICE SUPPLIES 111905 1101 02/12/03 3431 MOORPARK HIGH SCHOOL 3401 CANCELLATION FEE 111905 1101 02/12/03 3431 MOORPARK HIGH SCHOOL 3401 REFUND -COMM CTR RNTL 111905 1101 02/12/03 3431 MOORPARK HIGH SCHOOL 2611 REFUND -CLEAN UP DEP TOTAL CHECK 111906 1101 02/12/03 1393 MOUNTAIN HIGH SKI RESORT 9171 1 /27TEEN SKI TRIP 111907 1101 02/12/03 2075 NEW HORIZONS 9222 MARTIN -EXCEL 02 TRAIN 111908 1101 02/12/03 1417 NORTH OAKS AUTO PARTS 9254 AVRC TRUCK WIPERS 111909 1101 02/12/03 2724 OAKBROOK ENGRAVING & AWAR 9205 PARVIN PHOTO NAMEPLTE 111910 1101 02/12/03 1422 ORCHARD SUPPLY HARDWARE 9204 PRKS OPERATING SUPPLI 111911 02/12/03 1423 ORIENTAL TRADING COMPANY 9244 SPRING CMP CRAFT MATE ( X1101 111912 1101 02/12/03 1783 PACIFIC PLUMBING SPECIALT 9621 AVRC SINK REPLACEMENT 111912 1101 02/12/03 1783 PACIFIC PLUMBING SPECIALT 9205 PRKS YARD RR REPAIR 111912 1101 02/12/03 1783 PACIFIC PLUMBING SPECIALT 9252 CAMPUS PK RR VALVE ® TOTAL CHECK 111913 1101 02/12/03 3433 PETER LARS STUDIO 9205 J PARVIN PORTRAITS © 111914 1101 02/12/03 1879 RAKOWSKI, KAREN A. 9160 COOKING INSTRUCTION PAGE NUMBER: 2 VF-NCHK21 ACCOUNTING PERIOD: 8/02 AMOUNT 44.78 172.85 123.25 202.50 101.25 303.75 79.84 458.70 19.97 349.60 280.00 9.27 844.19 138.00 131.40 269.40 129.64 -10.00 345.00 450.00 785.00 570.00 113.00 6.85 10.73 42.80 80.95 400.90 28.99 85.52 515.41 193.05 182.40 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 02/12/03 CITY OF MOORPARK, CA VENCHK21 TIME: 06:11:47 CHECK REGISTER ACCOUNTING PERIOD: 8/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 111915 1101 02/12/03 3022 RALPHS GROCERY COMPANY 9205 MPK PD SUPPLIES 62.16 111915 1101 02/12/03 3022 RALPHS GROCERY COMPANY 9205 CITY COUNCIL SUPPLIES 68.93 TOTAL CHECK 131.09 111916 1101 02/12/03 1520 SIMI VALLEY LOCK & KEY 9205 AVRC STOCKROOM LOCKS 104.54 111916 1101 02/12/03 1520 SIMI VALLEY LOCK & KEY 9204 CITY HALL KEYS 47.19 111916 1101 02/12/03 1520 SIMI VALLEY LOCK & KEY 9103 AVRC COM CTR DOOR REP 288.66 TOTAL CHECK 440.39 111917 1101 02/12/03 3094 SKILLPATH SEMINARS 9222 3 /19CUSTOMER SRVC 199.00 111918 1101 02/12/03 1527 SMART & FINAL 9244 SR CTR HOLIDAY EVENT 24.21 111918 1101 02/12/03 1527 SMART & FINAL 9244 SR CTR HOLIDAY EVENT 44.62 TOTAL CHECK 68.83 111919 1101 02/12/03 3105 SWING, JAMES ROBERT 9160 GUITAR INSTRUCTION 420.00 111920 1101 02/12/03 3361 TAYLOR, JANE RUTH 9102 1 /03STRENGTH TRAINING 111.00 111921 1101 02/12/03 1591 TROPHIES ETC 9240 20TH ANNIV PINS 736.83 111922 1101 02/12/03 1593 U.S. POSTMASTER 9231 3 /03SR CTR BULK MAILI 340.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 63.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 18.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 9.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 184.50 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 126.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 9.00 111923 1101 02/12/03 1159 VENTURA COUNTY MAIL #1100 9251 REPEATER ACCESS 12/02 40.50 TOTAL CHECK 450.00 111924 1101 02/12/03 1160 VENTURA COUNTY PUBLIC WOR 9212 2 /03VECTOR LEASE WALLA 352.72 111925 1101 02/12/03 1617 VENTURA COUNTY STAR 9236 AVRC CLERK & COMM SRV 480.15 111926 1101 02/12/03 3343 VESTUTO, ANGELITA D. 9160 TENNIS INSTRUCTION 225.00 111927 1101 02/12/03 1624 VILLAGE VIEW LIGHTING, IN 9204 AVRC LIGHT BULBS 183.29 111928 C) 1101 02/12/03 1106 VULCAN MATERIALS CO VENTU 9252 GRANARY SINK HOLE MAT 198.25 111929 1101 02/12/03 1048 WEST GROUP 9220 CA PENAL & CIVIL CODE 893.66 111930 ® 1101 02/12/03 1939 WESTERN CHAPTER ISA 9221 03 MEMBERSHIP DUES 30.00 111931 1101 02/12/03 1636 WHITAKER HARDWARE, INC 9252 AVRC KITCHEN REPAIR 15.50 111931 1101 02/12/03 1636 WHITAKER HARDWARE, INC 9252 GRANARY SINK HOLE MAT 4.65 TOTAL CHECK 20.15 111932 1101 02/12/03 1643 ZUMAR INDUSTRIES, INC. 9303 STAGECOACH TRAIL MEDI 72.39 TOTAL FUND 14,964.73 TOTAL REPORT 14,984.73 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 02/12/03 CITY OF MOORPARK, CA VENCHK21 TIME: 08:11 :50 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/02 FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 1,191.98 1000 GENERAL FUND 10,325.10 2000 TRAFFIC SAFETY FUND 98.14 2111 ZONE DEVELOPMENT FEES 1 280.00 2200 COMMUNITY DEVELOPMENT 46.26 2308 AD 84 -2 ZONE 8 180.00 2400 PARK MAINTENANCE DISTRICT 1,166.68 2605 GAS TAX 985.56 2901 MRA LOW /MOD INC HOUSE /INC 44.78 2902 MRA AREA 1 -INCR & OTHER 207.23 5000 LOCAL TRANSIT PROGRAMS 8C 9.00 6000 FIDUCIARY - GENERAL DEPOS 450.00 TOTAL REPORT 14,984.73 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 02/12/03 CITY OF MOORPARK, CA VENCHK21 TIME: 14:28:31 CHECK REGISTER ACCOUNTING PERIOD: 8/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 111933 1101 02/19/03 3436 5 STORIES, INC. 2609 REFUND -FILM PERMIT DE 2,362.07 111933 1101 02/19/03 3436 5 STORIES, INC. 2609 FILM PERMIT DEPOSIT - 6,800.00 111933 1101 02/19/03 3436 5 STORIES, INC. 3211 REFUND -FILM PERMIT DE 6,800.00 TOTAL CHECK 2,362.07 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03AVRC CELLPHONE 16.06 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03HOGAN CELLPHONE 32.12 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1/03 M RILEY CELLPHON 21.05 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03WALTER CELLPHONE 28.55 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03HUNTER CELLPHONE 48.16 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03KUENY CELLPHONE 53.55 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03GILBERT CELLPHONE 41.96 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03TRAFFENS CELLPHON 16.06 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03MORGENSTERN CELLP 72.25 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03H RILEY CELLPHONE 42.83 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03CHUDODA CELLPHONE 16.06 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03JOHNSTON CELLPHON 16.06 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03LINDLEY CELLPHONE 37.48 111934 1101 02/19/03 1003 A T & T WIRELESS SERVICES 9424 1 /03MPK PD CELLPHONES 1,260.26 TOTAL CHECK 1,702.45 111935 1101 02/19/03 2165 BOYLE ENGINEERING CORPORA 9601 LA AVE O BELTRAMO 24,402.70 111936 1101 02/19/03 1788 CANTWELL, ALICE A 9160 PRESCHOOL INSTRUCTOR 1,465.00 111937 1101 02/19/03 3362 CENTURY CONSTRUCTORS, INC 9620 CHARLES ST CONSTRUCT 20,677.50 111938 1120 CHARLES ABBOTT ASSOCIATES VOID: MULTI STUB CHECK 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.090- 12 /02LARRY CAV 647.78 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.164- 11 /02TOLL BROS 39.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 87.323- 12 /02LENNAR 632.44 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 86.370- 12 /02MORRISON 60.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 84.246- 12 /02CNTRY CLU 36,418.13 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 84.242- 12 /02CNTRY CLU 3,878.05 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.400- 12 /02CASEY RD 20.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.102- 12 /02RON WIDIN 1,071.64 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.100- 12/02R WIDINER 673.30 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.500- 12 /02SHARMA IP 20.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.070- 12 /02NATIONAL 87.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 87.309- 12 /02WM LYON 11,635.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.331- 12 /02CHAPARRAL 233.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 1308 1/03 NOTE PAYMENT - 12,248.89 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 1308 2/03 NOTE PAYMENT - 12,190.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.501- 12 /02SHARMA 989.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 12 /02ENG RETAI 2,123.24 111939 c. 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 12 /02ENG RETAI 353.88 111939' 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 12 /02ENG RETAI 353.88 111939 �._� 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 87.328- 12 /02LENNAR 228.00 111939 1 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 12 /02TRAF RETA 223.50 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 87.324- 12 /02LENNAR 40.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 12 /02TRAF BETA 223.50 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9157 81.003- 12 /02ENC PERMI 987.70 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9601 91.520- 12 /02MILLER PK 2,120.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9601 92.030 -12/02 02 OVERL 5,822.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9157 92.320 -12/02 284 CHAR 10.00 PENTAMATION - FUND ACCOUNTING DATE: 02/12/03 PAGE NUMBER: 2 CITY OF MOORPARK, CA VENCHK21 TIME: 14:28:31 CHECK REGISTER ACCOUNTING PERIOD: 8/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 9157 92.390 -12/02 14389 LA 162.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 84.241- 12 /02CNTRY CLU 12.94 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.166- 12 /02TOLL BROS 408.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.167- 12 /02TOLL BROS 698.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 89.027- 12 /02RICE DEV 265.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 89.290- 12 /02TRILIAD 114.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.200- 12 /02RJR ENGIN 245.50 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.181- 12 /02IWANSKI 40.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.020- 12 /02CYPRESS 20.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.073- 12 /02ACCESS RD 20.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.160- 12 /02TOLL 1B 189.64 1.11939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 90.240- 12/02D MOORHEA 399.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.045- 12 /02SUNCAL 40.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.305- 12 /02USA PROP 1,003.25 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.307- 12 /02USA PROP 448.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 88.037- 12 /02SHEA HOME 310.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.337- 12 /02ZELMAN DE 1,120.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.160- 12 /02WM LYON 277.50 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.381- 12 /02ADELPHIA 2,143.50 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 91.382- 12 /02ADELPHIA 20.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.220- 12 /02NORTH PRK 456.00 111939 1101 02/19/03 1120 CHARLES ABBOTT ASSOCIATES 2711 92.300- 12 /02CALLEGUAS 1,186.00 TOTAL CHECK 54,051.48 111940 1101 02/19/03 2873 CHICAGO TITLE COMPANY 9285 83 W HIGH ST SP #1 11,825.00 111941 1101 02/19/03 2873 CHICAGO TITLE COMPANY 9285 REPLACEMENT HOUSING 22,500.00 111942 1101 02/19/03 2873 CHICAGO TITLE COMPANY 9285 SPACE #4 PURCHASE 12,425.00 111943 1101 02/19/03 2873 CHICAGO TITLE COMPANY 9285 RENTAL ASSISTANCE 6,090.84 111944 1101 02/19/03 3427 HERRERA, RAMIRO & MARIA 9285 RESIDENTIAL MOVING EX 1,325.00 111945 1101 02/19/03 1303 IZADSEPAS, MINA G 9160 YOGA,FITNESS INSTRUCT 1,475.64 111946 1101 02/19/03 3193 MIKE HINOJOSA CONSTRUCTIO 9621 AVRC KITCHEN SINK 2,425.00 111947 1101 02/19/03 3429 NIEL'S MOTOR HOMES, INC. 9285 REPLACEMENT HOUSING 15,500.00 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9252 1 /03QUALITY LANDSCAPI 660.00 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9252 FENCE FACTORY RENTAL 29.50 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9103 PRC ADMIN FEE 299.36 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9252 QUALITY LANDSCAPING 480.00 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9252 12 /02AMIGOS JANITORIA 275.00 111948 1101 02/19/03 2217 PACIFIC RELOCATION CONSUL 9103 1 /03VALLEY COMPUTER 76.00 111948 111948 1101 01101 02/19/03 02/19/03 2217 PACIFIC RELOCATION CONSUL 9252 SIMI VALLEY PLUMBING 156.00 2217 PACIFIC RELOCATION CONSUL 9252 QUALITY LANDSCAPING 319.20 TOTAL CHECK 2,295.06 111949 cloll01 02/19/03 3253 PHILLIPS, DON 9285 RENTAL ASSISTANCE 12,423.60 0 111950 1101 02/19/03 3253 PHILLIPS, DON 9285 RESIDENTIAL MOVING EX 1,100.00 111951 1101 02/19/03 2968 PROFESSIONAL DESIGN ASSOC 2752 ZELMAN -MPK MARKETPLAC 520.00 111951 1101 02/19/03 2968 PROFESSIONAL DESIGN ASSOC 2752 CABRILLO ECONOMIC 552.50 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 02/12/03 CITY OF MOORPARK, CA VENCHK21 TIME: 14:28:31 CHECK REGISTER ACCOUNTING PERIOD: 8/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3606 Z ZELMAN ADMIN REV - -78.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 T TOLL BROS ADMIN FEE 3 39.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3806 T TOLL BROS ADMIN REV - -39.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2752 U USA PROP- VINTAGE CRES 5 520.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 U USA PROP ADMIN FEE 7 78.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2752 T TOLL BROS -CNTRY CLUB 2 260.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3806 U USA PROP ADMIN REV - -78.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3806 S SHEA HOMES ADMIN REV - -43.88 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 Z ZELMAN ADMIN FEE 7 78.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2752 L LENNAR COMM 1 195.00 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 L LENNAR ADMIN FEE 2 29.25 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3806 L LENNAR ADMIN REV - -29.25 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 C CABRILLO ADMIN FEE 8 82.88 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 3 3806 C CABRILLO ADMIN REV - -82.88 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2734 S SHEA HOMES ADMIN FEE 4 43.88 111951 1 1101 0 02/19/03 2 2968 P PROFESSIONAL DESIGN ASSOC 2 2752 S SHEA HOMES 2 292.50 TOTAL C CHECK 2 2,340.00 111952 1 1101 0 02/19/03 1 1511 S SHILTS CONSULTANTS INC 9 9102 0 02 /03ASSESSMENT SRVCS 3 3,654.98 111953 1 1101 0 02/19/03 3 3418 S SOUTH COAST ESCROW, INC. 9 9285 R REPLACEMENT HOUSING 1 16,100.00 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13AV COMM CTR 1 1,200.75 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13COMM CTR 1 1,426.84 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13PCH HILL PK 9 927.17 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9414 1 12 /12- 1 /13SCHOOL PROP 7 7.51 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13CITY HALL 1 1,543.59 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13REDEVELOPME 1 16.10 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12 -1/13 798 MPK AV 7 79.75 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13PRKWYS 6 ME 1 121.36 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 1 1 19.01 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9414 1 12 /12- 1 /13TRAFFIC SIG 1 1,309.85 113.954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 5 1 13.64 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 6 1 12.96 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13ZONE 7 4 41.46 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 8 4 48.14 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 9 2 2.14 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 10 1 122.42 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13ST MAINT 8 82.47 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 4 1 14.07 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13GLENWOOD PK 3 34.78 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 11 1 14.26 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9414 1 12 /12- 1 /13METROLINK 1 149.67 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 12 1 134.29 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13CAMPUS PRK 3 30.14 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12/12- 1 /13MTN MEADOWS 2 204.80 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13TIERRA REJA 1 113.49 111954 , 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9414 1 12 /12- 1 /13CITYWIDE 2 26.02 111954 1 ,r 1 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13PCH HILL PK 3 388.51 111954 1 11101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13CAMPUS CYN 3 30.95 111954 / / 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13GPIFFIN PRK 8 87.26 111954 - F 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13ZONE 2 4 43.48 111954 1 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13VECTOR 7 73.56 111954 / /y, 1101 0 02/19/03 1 1536 S SOUTHERN CALIFORNIA EDISO 9 9413 1 12 /12- 1 /13VIRGINIA CO 1 12.12 111954 r 320.04 111954 Fro 1101 02/19/03 1536 SOUTHERN CALIFORNIA EDISO 9413 12/12- 1 /13ARROYO VIST 1,326.40 PENTAMATION - FUND ACCOUNTING 12 /12- 1 /13VILLA CAMPS 76.12 DATE: 02/12/03 RECREATION PRINT FEES 2,799.00 CITY OF MOORPARK, CA TIME: 14:28:31 4,665.00 COIN TENNIS LIGHT TIMERS- CHECK REGISTER FREIGHT - TENNIS TIMERS FUND - 1000 - GENERAL FUND 4,923.82 1 /03MSRO 9,627.67 CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 111954 1101 02/19/03 1536 SOUTHERN CALIFORNIA EDISO 9413 111954 1101 02/19/03 1536 SOUTHERN CALIFORNIA EDISO 9413 1 /03SPECIAL ENF DETAI TOTAL CHECK 182,027.08 392,661.87 111955 1101 02/19/03 3434 SPEEDY PRESS SERVICES, IN 9232 111955 1101 02/19/03 3434 SPEEDY PRESS SERVICES, IN 9240 RESIDENTIAL MOVING EX TOTAL CHECK 13,081.60 MONTE VISTA TREE TRIM 881.12 111956 1101 02/19/03 3308 TRUMBULL RECREATION SUPPL 9632 111956 1101 02/19/03 3308 TRUMBULL RECREATION SUPPL 9632 TOTAL CHECK 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9118 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9254 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 111957 1101 02/19/03 1616 VENTURA COUNTY SHERIFF'S 9117 TOTAL CHECK 111958 1101 02/19/03 1621 VIDEOMAX PRODUCTIONS 9102 111958 1101 02/19/03 1621 VIDEOMAX PRODUCTIONS 9102 111958 1101 02/19/03 1621 VIDEOMAX PRODUCTIONS 9102 111958 1101 02/19/03 1621 VIDEOMAX PRODUCTIONS 9102 TOTAL CHECK 111959 1101 02/19/03 3428 WAGNER, FRANCES & ERNIE P 9285 111960 1101 02/19/03 3428 WAGNER, FRANCES & ERNIE P 9285 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 111961 1101 02/19/03 2309 WEST COAST ARBORISTS, INC 9330 TOTAL CHECK 111962 1101 02/19/03 1787 WILLIS, PAMELA S 9160 111963 1101 02/19/03 3284 WWCOT 9601 TOTAL FUND TOTAL REPORT _ a) PAGE NUMBER: 4 VENCHK21 ACCOUNTING PERIOD: 8/02 - - - - - -- DESCRIPTION- - - - - -- AMOUNT 12/12- 1 /13CNTRY TRAIL 13.53 12 /12- 1 /13VILLA CAMPS 76.12 10,068.65 RECREATION PRINT FEES 2,799.00 NEWSLETTER PRINT FEES 1,866.00 4,665.00 COIN TENNIS LIGHT TIMERS- 4,859.39 FREIGHT - TENNIS TIMERS 64.43 4,923.82 1 /03MSRO 9,627.67 1/03 5TH GRADE DARE 9,627.67 1 /03HSRO 9,627.67 1 /03INVESTIGATIVE SRV 32,035.33 1 /03OVERTIME-REG & CT 4,710.41 1 /03TRAFFIC SRVCS 24,347.08 1 /03VEHICLE CHARGES 11,972.76 1 /03COMM SRVCS 10,594.08 7 -12/02 RETRO ADJUSTM 87,327.54 1 /03SPECIAL ENF DETAI 10,764.58 1 /03PATROL SRVCS 182,027.08 392,661.87 1 /03VIDEO PROD SRVCS 2,250.00 1 /03GRAPHIC /BBS 672.00 12 /02VIDEO PROD SRVCS 2,250.00 12 /02GRAPHIC /BBS 672.00 5,844.00 RENTAL ASSISTANCE 7,069.50 RESIDENTIAL MOVING EX 1,100.00 ZONE 10 TREE TRIMMING 13,081.60 MONTE VISTA TREE TRIM 881.12 CNTRY TRAIL TREE TRIM 572.65 MTN MEADOWS TREE TRIM 704.80 TIERRA REJADA TREE TR 396.45 CITYWIDE TREE TRIMMIN 8,601.31 ZONE 12 TREE TRIMMING 3,026.12 ZONE 2 TREE TRIMMING 1,349.06 28,613.11 PRESCHOOL INSTRUCTOR 1,098.75 12 /02POLICE CTR SRVCS 26,335.00 698,521.02 698,521.02 PENTAMATION - FUND ACCOUNTING DATE: 02/12/03 CITY OF MOORPARK, CA TIME: 14:28:44 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 1,559.65 1000 GENERAL FUND 411,223.09 2002 CITY -WIDE TRAFFIC MITIGAT 2,120.00 2200 COMMUNITY DEVELOPMENT 3,562.48 2300 AD 84 -2 CITYWIDE 8,756.20 2301 AD 84 -2 ZONE 1 19.01 2302 AD 84 -2 ZONE 2 1,392.54 2304 AD 84 -2 ZONE 4 14.07 2305 AD 84 -2 ZONE 5 13.64 2306 AD 84 -2 ZONE 6 12.96 2307 AD 84 -2 ZONE 7 41.46 2308 AD 84 -2 ZONE 8 48.14 2309 AD 84 -2 ZONE 9 2.14 2310 AD 84 -2 ZONE 10 13,204.02 2311 AD 84 -2 ZONE 11 14.26 2312 AD 84 -2 ZONE 12 3,160.41 2400 PARK MAINTENANCE DISTRICT 13,480.47 2501 LOS ANGELES A.O.C. 24,402.70 2502 TIERRA REJADA A.O.C. - 24,438.89 2603 LOCAL TRANSPORTATION 8A 5,822.00 2605 GAS TAX 1,730.03 2609 OTHER ST /FEDERAL GRANTS 10,764.58 2901 MRA LOW /MOD INC HOUSE /INC 130,751.54 2902 MRA AREA 1 -INCR & OTHER 16.10 4002 POLICE FACILITIES FUND 26,335.00 5000 LOCAL TRANSIT PROGRAMS 8C 149.67 6000 FIDUCIARY - GENERAL DEPOS - 4,437.93 6015 SUNCAL 40.00 6026 SDI 598.00 6193 CARLSBERG FINAN. /LENNAR 224.25 6199 KWIK CAR 399.00 6291 FAR WEST /KAUFMAN BROAD 646.38 6318 CALLEGUAS 1,188.00 6350 CABRILLO EDC 5161 635.38 6364 RICE 285.00 6385 RICHMOND AM H 900.44 6399 TOLL BROS /BOLLINGER RESI 41,942.76 6428 TRILIAD /LA AVE LLC 114.00 6437 CYPRESS LAND COMPANY 20.00 6460 PERFORMANCE NURSERY /SCE 20.00 6489 NATIONAL READY MIX 87.00 6513 ZELLMAN /TARGET CENTER 1,718.00 6515 USA PROPERTIES 1,451.25 6534 NORTH PARK VILLAGE 456.00 6541 SHARMA GENERAL 1,009.00 6546 WILLIAM LYON HOMES 11,912.50 6548 PARDEE CONSTRUCTION 60.00 6566 RJR ENGINEERING 245.50 6901 CHAPARRAL SCHOOL ENCROACH 233.00 6908 ADELPHIA 2,163.50 6912 ANTHONY CAVEN 647.78 6915 RON WIDINER 1,744.94 6918 DNA ELECTRIC 345 BARD 40.00 6922 ALDERSGATE INVESTMENT 20.00 TOTAL REPORT 698,521.02 PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 8/02 i MOORPARK CITY COUNCIL` ` "J AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager' DATE: February 7, 2003 (CC Meeting of 2/19/03) SUBJECT: Consider Approval Of The 2003 Agreement For Services With The Moorpark Chamber Of Commerce BACKGROUND In past years, the City has contracted with the Moorpark Chamber of Commerce for, the provision of business development services for Moorpark's local businesses, and for marketing services for Moorpark. The contract for 2002 provided for a minimum number of hours for staffing an open office of eighteen (18) hours per week (3 days, 6 hours per day). The payment of $5,000 has been paid to the Moorpark Chamber of Commerce on a "direct billing" basis for specific services, particularly for the city pages to be included in the annual "Moorpark Chamber of Commerce Business and Community Guide" ( "Guide). DISCUSSION The proposed service agreement is attached for Calendar Year 2003 in the amount of $6,000. An additional $1,000 has been included in the recommended fee for services to cover increased costs associated with the Community and Business Directory and for City attendance at the annual installation event. The agreement also provides for fee adjustments consistent with Council policy to be approved at the City Manager's discretion for co- sponsored events. Specific services are listed in Exhibit A of the Agreement. j (30®98 Honorable City Council February 7, 2003 Page 2 Normally staff would recommend that payment under this service agreement be made monthly or at some point during the period covered. However, considering the Guide publication schedule and commitments required for events scheduled by the Moorpark Chamber of Commerce early in the year, staff recommends that ,$5, 000 be provided by the City based on this agreement be released upon its approval by the City Council and the additional $1,000 provided upon delivery of the 2003 -2004 Business and Community Guide to all businesses and residences in the City. STAFF RECOD&ONDATION Approve and authorize the City Manager Agreement for Services between the City Moorpark Chamber of Commerce. Attachment: Agreement to sign the 2003 of Moorpark and the 000099 2003 AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this day of February, 2003 by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY ", and the Moorpark Chamber of Commerce, a California Corporation, hereinafter referred to as "CHAMBER" W I T N E S S E T H WHEREAS, the City and Chamber have had an Agreemen- for Services in previous years; and WHEREAS, The City has budgeted $5,000.00 in Fiscal Year 2002/03 to fund activities and services provided by the Chamber. NOW, THEREFORE, The parties hereto do agree as follows: 1. Term of Aareement This agreement is effective February 1, 2003 and will continue in effect for twelve (12) consecutive months to January 31, 2004 unless sooner terminated as provided hereinafter. 2. Specific Services Chamber agrees to perform the services specified in Exhibit A. 3. Compensation The fees in full compensation to Chamber for the services rendered shall be as set forth in Exhibit A. 4. Termination This agreement may be terminated with or without cause by either party at any time with no less than 30 days written notice of such termination. 000.®® 5. General Conditions A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Chamber performing services hereunder for City. B. Chamber is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall exercise control over the conduct of Chamber or any of Chamber's officers, employees or agents, except as herein set forth. Chamber shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. C. Chamber agrees to submit to the City Manager: on or before September 1, 2003, a report describing the activities and results provided pursuant to this agreement for the six month period of February 1, 2003 through July 31, 2003; on or before March 1, 2004, a report describing the activities and results provided pursuant to this agreement for the six month period of August 1, 2003 through January 31, 2004; and, a report describing the activities for each succeeding six month period if this agreement is continued after January 31, 2004. D. Chamber shall hold harmless, indemnify and defend the City and its officers, employees,' servants and agents serving as independent contractors in the role of City Manager, Deputy City Manager, Director of Community Development or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Chamber or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by -he sole negligence of the City or any of its officers, employees, servants or agents. 00 01 2 The City does not, and shall not, waive any rights that it may have against Chamber by reason of Paragraph E hereof, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof and whether or not any claim, demand, damage, liability, loss, cost or expense described in Paragraph E is covered by insurance. E. Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this agreement those policies of insurance required by this paragraph and shall furnish to the City Clerk of the City certificates of said insurance on or before the commencement of the term of this agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached hereto, the protection offered by the policies shall: 1) Name the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Assistant City Manager, Director of Community Development, City Attorney, or other official position as additional insured with Chamber. 2) Insure the City and its officers, employees, and agents while acting in the scope of their duties under this agreement against all claims, demands, damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this agreement by Chamber or the City. 3) Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for '*'rte 3 000 re, any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than ten (10) days before the cancellation or amendment is effective. Chamber shall give City ten (10) days written notice prior to the expiration of such policy. 4) Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E, Chamber shall provide general public liability including property damage insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence and annual aggregate. G. Consistent with the provisions of Paragraph Chamber shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Chamber in work under this agreement is not protected by the workers' compensation law, Chamber shall provide adequate insurance for the protection of such employees to the satisfaction of the City. H. It is understood and acknowledged by the parties that Chamber is uniquely qualified to perform the services provided for in this agreemenr.. Chamber shall not assign this agreement or any of the rights, duties or obligations hereunder. I. Payment to Chamber shall be made by City in accordance with the applicable provisions of Exhibit A. J. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: 4 300 To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 ATTN: City Manager To: Moorpark Chamber of Commerce 225 West Los Angeles Avenue Moorpark, CA 93021 ATTN: Chair of the Board Either party may, from time to time, by written notice to the other, designate a different address that shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. K. Nothing contained in this agreement shall be deemed, construed or represented by the City or Chamber or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and Chamber. L. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. M. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. N. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged 5 0 0O�04 breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. O. Cases involving a dispute between the City and Chamber may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. P. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. Q. The captions and headings of the various Articles and Paragraphs of this agreement are -or convenience and identification only and shall no- be deemed to limit or define the content of t-e respective Articles and Paragraphs hereof. R. In the performance of the terms of this Agreement, Chamber agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, sex, national origin or, ancestry, or religion of such persons. 6. Responsible Individual The individual directly responsible for Chamber's overall performance of the agreement provisions herein above set forth and to serve as principal liaison between City and Chamber shall be the Chair of the Board. Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. 0G+ * .1.05 0 7. City's Agent The Moorpark City Manager, or his designee, shall have the right to review all work to be performed by the Chamber pursuant to this agreement, and shall be the City's agent in this matter. City of Moorpark: Steven Kueny City Manager ATTEST: Deborah S. Traffenstedt City Clerk Moorpark Chamber of Commerce: Elad Goren Chair of the Board (°001-®6 7 Exhibit A SPECIFIC SERVICES AND COMPENSATION In addition to those items specified in the agreement, Chamber agrees as follows: 1. To provide and maintain for the duration of the Agreement a minimum of 3 days per week, 4 hours per day paid staffing and an answering machine or service to receive messages when the office is closed to coordinate Chamber activities, including Chamber sponsored community events; responding to public inquiries; and other Chamber responsibilities as determined by Chamber. 2. Within the term of the Agreement, publish a 2003/2CC4 edition business and community directory of all known businesses in the City, regardless of Chamber membership, and provide for general distribution of 11,000 copies o= the directory to City residences and businesses wichou-:� charge. Chamber may utilize information from City's business registration program to augment this effort and shall provide information to verify data. The City shall_ have final editorial authority for any conten-s of a publication that pertain to the City, its projects, activities and programs including any and all photographs to be published. 3. Sponsor the following activities or events: • Seminars, workshops and resource services to enhance and promote the retail business sector of Moorpark. • Sponsor activities that serve to promote -he commercial /industrial sector of Moorpark. • Sponsor a major event to provide networking and promotional exposure opportunities for all sectors of business and industry in Moorpark. 4. Recognize City co- sponsorship or support of any of these events in promotional literature and other pu;o =ic information. 5. Provide at no cost to the City up to 15 attendees at Annual Installation dinner. 001:'107 City agrees as follows: 1. Provide information to Chamber from City's business registration listing and other information on an as needed basis about City activities and projects 2. Provide the Chamber a payment of $5,000 upon execution of this agreement by both parties and $1,000 upon delivery of 2003/2004 Business and Community Guide to all businesses and residences in the City. 3. As determined by City Manager consistent with City Council policies, co- sponsor Chamber events and reduce or waive fees consistent with such co- sponsorship. a0.UAIGS o? - /9-aoo`3 MOORPARK CITY COUNCILu --��•► AGENDA REPORT ay TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: February 7, 2003 (CC Meeting 2- 19 -03) SUBJECT: Initiate Proceedings Related to the Levy of Assessments for AD 84 -2, AD01 -1, AD01 -2 & AD01 -3 for Fiscal Year 2003/2004 EXECUTIVE SUMMARY This presents a Resolution initiating the proceedings necessary to consider extension of certain assessment districts (street lighting and parkway /median landscaping) for Fiscal Year 2003/2004. DISCUSSION A. Backaround 1. AD84 -2: In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2), encompassing the entire City, was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years Zones of Benefit were added to fund the maintenance of certain specific areas. Later these Zones were changed to District 1 through District 12 [District 13 is now unassigned]. 2. AD01 -1: In 2001 the City Council formed AD01 -1 to fund the maintenance of certain landscape improvements in and adjacent to Tract 5201 [Wilshire Builders]. The formation of this District was done in response to a Petition / Waiver submitted to the City by the property owner / developer. This district subsequently became District 14. AD-2004—intent a011- 31J..09 Initiate Proceedings for Annual Assessments February 7, 2003 Page 2 3. ADO1 -2: In 2001 the City Council formed AD01 -2 to fund the maintenance of certain landscape and related improvements within Tract 4928 [Toll Brothers]. The formation of this District was done in response to a Petition / Waiver submitted to the City by the property owner / developer. This district subsequently became District 15. 4. AD01 -3: In 2001 the City Council formed AD01 -3 to fund the maintenance of certain landscape and related improvements in and adjacent to Tract 5166 [Cabrillo]. The formation of this District was done in response to a Petition / Waiver submitted to the City by the property owner / developer. This district subsequently became District 16. In October of 2002, the City Council received and approved a Petition and Waiver requesting that the scope of improvements to be maintained, and the assessment amount for such maintenance, be increased. Those increases will be addressed and reflected in the Engineer's Report scheduled to come to the City Council in May. B. Engineer's Report As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and levy assessments for street lighting, landscaping and related maintenance for the upcoming fiscal year. According to state law, before assessments may be levied, an Engineer's Report must be prepared for each assessment district. Shilts Consultants, the City's Assessment Engineer, has been retained to perform these services. The preparation of an Engineer's Report does City to approve the Engineer's Report and levy purpose of the Engineer's Report is merely information necessary to make that decision. forth the items proposed to be funded by the c methods used to distribute the cost for those the properties within the districts. not require the assessments. The to develop the The report sets iistricts and the items to all of When completed, the Engineer's Report is submitted to the City Council for approval. Approval of that report by the City Council does not require the City to levy the assessments. Such approval merely allows the assessments set forth in the report to be considered at a subsequent public hearing. AD-2004—intent J� & v:..4 Initiate Proceedings for Annual Assessments February 7, 2003 Page 3 C. Summary of Assessment Proceedings The assessment proceedings are generally summarized as follows: February: Adopt Resolution initiating the proceedings May: Adopt Resolution approving the Engineer's Report and setting the date of a public hearing to consider the levy of assessments June: Adopt Resolution approving the levy of assessments D. Resolution of Intent In accordance with the requirements of applicable sections of the Streets and Highways Code of the State of California, the Resolution attached as Exhibit 1 initiates the process required for the City Council to consider continuation of the subject Assessment Districts. Upon adoption of that Resolution, the Assessment Engineer will prepare an Engineer's Report for the subject Assessment Districts. STAFF RECOMMENDATION Adopt Resolution No. 2003- (Exhibit 1) authorizing preparation of an Engineer's Report for AD84 -2, AD01 -1, AD01 -2 and AD01 -3 for FY 2003/04. Attachments: Exhibit 1: Resolution AD-2004-intent lib i ll RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING PREPARATION OF THE ANNUAL REPORT FOR THE CITY OF MOORPARK, LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS FOR FY 2003/2004 WHEREAS, the City of Moorpark provides for the maintenance and improvement of street lighting services through the City's Landscaping and Lighting Maintenance Assessment Districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: This Council ordered the formation of and levied the first assessments within the City of Moorpark Landscaping and Lighting Maintenance Assessment Districts No. AD84 -2, ADO1 -1, ADO1 -2, and ADO1 -3 (the "Landscaping and Lighting Districts ") pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter "the Act "). SECTION 2: Sections 22620 et. seq., of the Act provide for the levy of annual assessments after formation of the Landscaping and Lighting Districts. SECTION 3: Within the Landscaping and Lighting Districts, the existing and proposed improvements and any substantial changes proposed to be made to the existing improvements are generally described as follows: Installation, maintenance and servicing of public facilities, including but not limited to one or more of street lights, public lighting facilities, landscaping, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, debris basins, turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including 0 011. 2 Resolution No. 2003 - Page 2 irrigation, electric incidental expenses provided include al maintenance of the applicable, for any City of Moorpark. current and energy; and to provide in connection therewith. Services 1 necessary service, operations and above mentioned improvements, as property owned or maintained by the SECTION 4: Shilts Consultants, Inc. is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the Clerk of the City Council for submission to the Council. SECTION 5: The City Clerk shall certify to the adoption of this resolution and cause a certified resolution to be filed in the book of original resolutions. PASSES AND ADOPTED this day of February, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 300:.1.3 Moorpark City Council AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: February 7, 2003 (CC meeting of February 19, 2003) SUBJECT: Consider a Cooperative Agreement with the State Department of Health Services and Agencies Applying Pesticides for Public Health Purposes. SUMMARY If approved, this Cooperative Agreement would provide for the annual renewal of certain reporting and certification requirements for the City Mosquito and Vector Control Division activities and staff. The standards adopted in the Agreement exempt public vector control agencies such as the City of Moorpark from certain more onerous requirements for pesticide application under the state Health & Safety Code. This Cooperative Agreement must be renewed annually. DISCUSSION Each year the City Council is asked to approve this Cooperative Agreement. The Cooperative Agreement was established between the state and local public agencies to streamline some of the more costly and time - consuming regulations that are more appropriate for other pesticides uses, such as agricultural application and commercial pest control. The application of pesticides is tightly regulated by the state. For example, without this Cooperative Agreement and the vector control exemption it provides, the City would have to post written notice of intent prior to each individual application of a pesticide for mosquito abatement. By releasing the City from certain use requirements and restrictions intended for private interests and agriculture, the business of mosquito and vector control is made more cost effective and efficient. 300-1:14 DHS Cooperative Agreement CC Meeting of February 18, 2003 Page 2 The Cooperative Agreement (Attachment "A ") requires the City to adhere to certain standards for calibration, record keeping, record retention, and staff certification. It also agrees to allow the County Agricultural Commissioner to review records and inspect the City's mosquito and vector control facilities. The alternative to the Cooperative Agreement would be for the City to follow a much stricter standard for application of pesticides, one that may exceed the standards deemed necessary and appropriate for the control of vector -borne disease by the state Department of Health Services and other public health agencies. STAFF RECOMMENDATION Approve the cooperative agreement and authorize City Manager to execute the Agreement on behalf of the City. 00015 Vector Cooperative Agreement DHS 2003 Attachment "A" COOPERATIVE AGREEMENT (PURSUANT TO SECTION 116180, HEALTH AND SAFETY CODE) Date This Agreement between the California Department of Health Services and (name and address of local vector control agency) is effective on January 1, 2003 or on the subsequent date shown above, and expires December 31, 2003. It is subject to renewal by mutual consent thereafter. Part I. Pesticides This part may be canceled for cause by either party by giving 30 days advance notice in writing, setting forth the reasons for the termination. The vector control agency named herein agrees: 1. To calibrate all application equipment using acceptable techniques before using, and to maintain calibration records for review by the County Agricultural Commissioner. 2. To maintain for at least two years for review by the County Agricultural Commissioner a record of each pesticide application showing the target vector, the specific location treated, the size of the source, the formulations and amount of pesticide used, the method and equipment used, the type of habitat treated, the date of the application, and the name of the applicator(s). 3. To submit to the County Agricultural Commissioner each month a Pesticide Use Report, on Department of Pesticide Regulation form PR -ENF -060. The report shall include the manufacturer and product name, the EPA registration number from the label, the amount of each pesticide used, the number of applications of each pesticide, and the total number of applications, per county, per month. 4. To report to the County Agricultural Commissioner and the Department of Health Services, in a manner specified, any conspicuous or suspected adverse effects upon humans, domestic animals and other non - target organisms, or property from pesticide applications. 5. To require appropriate certification of its employees by the California Department of Health Services in order to verify their competence in using pesticides to control pest and vector organisms, and to maintain continuing education unit information for those employees participating in continuing education. 6. To be inspected by the County Agricultural Commissioner on a regular basis to ensure that local agency activities are in compliance with state laws and regulations relating to pesticide use. For California Department of Health Services For Local Agency Chief, Vector -Borne Disease Section Signature Title Part 11. Environmental Modification This part may be canceled for cause by either party by giving 30 days advance notice in writing, setting forth the reason for the termination. The vector control agency named herein agrees: To comply with requirements, as specified, of any general permit issued to the California Department of Health Services as the lead agency, pertaining to physical environmental modification to achieve pest and vector prevention. For California Department of Health Services For Local Agency ( G1�31. 1f; Chief, Vector -Borne Disease Section Signature Title Moorpark City Council , vx4iel V022:1 V-, AGENDA REPORT �. TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: February 7, 2003 (CC meeting of February 19, 2003) SUBJECT: Consider Resolution No. 2003- , Authorizing Submittal of a Beverage Container Recycling and Litter Reduction Act Grant Application to the California Department of Conservation Division of Recycling. SUMMARY The City Council is being asked to consider adoption of a resolution approving the submittal of the City's application to the California Department of Conservation Division of Recycling for a Beverage Container Recycling and Litter Reduction Act Grant, and to authorize the City Manager to execute any agreements, contracts, and requests for payments. DISCUSSION The California Beverage Container Recycling and Litter Reduction Act (the bottle bill) was amended in 2000 to provide funding to cities and counties. The funding source is the California Redemption Value (CRV) premium that is paid when consumers purchase beverages in glass bottles, cans, and plastic containers. The funding is distributed on a per capita basis. Moorpark is entitled to receive $9,312 for fiscal Year 2003 -2004. The City received $9,121 for Fiscal Year 2002 -2003 and $9,121 for Fiscal Year 2001 -2002. All of the money does not have to be spent in the Fiscal Year for which the funds are awarded. Typically, the City deposits the grant in its Solid Waste AB 939 Fund (Fund 5001) . A City must complete a funding request form and adopt an appropriate authorizing resolution to receive the funds. 000,:.7 Beverage Container Recycling Block Grant 2003 -2004 CC Meeting of February 19, 2003 Page 2 Eligible activities for the expenditure of these grant funds are defined in the law as: • Activities that have a primary emphasis on the collection and recycling of beverage containers at large venues, public areas, residential communities, or schools; • Activities that have a primary emphasis on public education promoting beverage container recycling and /or litter prevention; • Activities that have a primary emphasis on beverage container litter prevention and /or abatement in public places including community clean -up projects or other related activities involving the recycling of beverage containers. These funds may not be used for activities unrelated to beverage container recycling or litter reduction. It is staff's recommendation that the City Council adopt the resolution and that the money be used to support various City beverage container recycling projects and programs. These projects may include existing City activities and services such as: Events and activities - • Recycling promotion and collection at City and community events such as 3r of July and Country Days. • Coastal and Inland Waterways Clean Up Day, the third Saturday in September (September 20, 2003). Public information efforts • Citywide Newsletter • School packet inserts • Curbside recycling promotional videos for channel 10 • Residential Recycling Rewards program • Multifamily Housing Recycling Guide This is an annual grant from the State Department of Conservation Division of Recycling. Beverage Container Recycling Block Grant 2003 -2004 3 Q v''2A8 Beverage Container Recycling Block Grant 2003 -2004 CC Meeting of February 19, 2003 Page 3 STAFF RECOMMENDATION Adopt Resolution No. 2003- Beverage Container Recycling Block Grant 2003 -2004 c'%0: 2 RESOLUTION NO. 2003- RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING SUBMITTAL OF A BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS FOR PAYMENT WHEREAS, the City of Moorpark recognizes that it is in the public interest to enact and implement an integrated waste management plan to address the state's diminishing landfill space and the potential adverse environmental impacts from inappropriate use of the landfill; and WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for establishing and maintaining local collection programs that encourage recycling of beverage containers; and WHEREAS, per § 14581 (a)(4)E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time to request funds from the Department of Conservation's Division of Recycling. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Moorpark Form to Recycling. authorizes the the Department City Council of the City of submittal of the Funding Request of Conservation's Division of SECTION 2. The City Council appoints the City Manager, or a designee of the City Manager, that is hereby authorized and empowered to execute in the name of the City of Moorpark all necessary forms hereto for the purpose of securing payments and to implement and carry out the ryy 'jo ''3 .i4r� Resolution No. 2003 - Page 2 purposes specified Beverage Container provide information upon request. in the §14581 (a) (4) E) of the California Recycling and Litter Reduction Act and regarding this program to the Division SECTION 3. 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 19th day of February 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0 0012: 1 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: John Hartnett, Recreation Manager O h DATE: February 11, 2003 (CC Meeting of March 5, 2003) SUBJECT: Consider Request from Holy Cross Catholic Church to Authorize Temporary Parking Along Miller Parkway for Easter Sunrise Mass SUMMARY The City Council is being asked to consider a request from the Holy Cross Catholic Church to allow for temporary parking along the east side of Miller Parkway from 5:15 a.m. to 7:30 a.m. on Easter Sunday, April 20, 2003. The area requested for parking begins at a point 50 feet north of the northeast corner of Olive Street and Miller Parkway and extends north along the Parkway to the curb area adjacent to the Miller Park. Since this is a "No Stopping" zone, the Church would be responsible for covering the "No Stopping" signs in the area identified above, and removing the covers at the end of the Ceremony. DISCUSSION Holy Cross Catholic Church has conducted an Easter Sunday service in recent years at Miller Park with much success. Due to the early time -frame for the Ceremony, the requested street parking was not a problem last year. In addition to the above requirements, staff has outlined the following conditions for approval of the rental permit. These are the same conditions required last year: • No amplified sound will be allowed and no electricity will be provided. • The restrooms will be opened no earlier than 6:15 a.m. 000-1122 Honorable City Council February 19, 2003 Page 2 • All parking at Miller Park must be within designated parking spaces (no illegal parking within parking lot). • The Church must cover the "No Stopping" signs and post a City - provided sign stating "End of Bike Lane - Use Sidewalk" 50 feet north of the northeast corner of Olive Street, within the bike lane facing south. This is to notify bicyclists that the bike lane is not usable and they must ride on the sidewalk. • The Church will provide the City with an insurance endorsement that indicates the Church's policy names the City as "additionally insured" for the date of April 20, 2003. • The Church will provide the City with an "Indemnification and Hold Harmless Agreement ". STAFF RECOMMENDATION Approve the request from Holy Cross Catholic Church to authorize temporary parking along Miller Parkway for an Easter Sunrise Mass, based on the conditions as outlined in the agenda report. MOORPARK CITY COUNCIL AGENDA REPORT -0� �cc�Lc l�ria TO: The Honorable City Council n FROM: Mary K. Lindley, Director of Community Services DATE: February 10, 2003 (CC Meeting February 19, 2003) SUBJECT: Consider Adoption of a Resolution Amending the FY 2002/03 Budget and Authorize Recordation of the Notice of Completion for the Community Center Breezeway Repairs DISCUSSION On July 17, 2002, the City Council allocated $20,000 to replace the seven exposed lateral support beams in the Community Center Breezeway. These beams were uncovered and exposed to sun and wet weather. As a result, over time they developed wood fungus damage and become infested with termites. The Council is now being asked to amend the project budget to adjust for a Change Order that was necessary to correctly complete the repair work and to authorize the filing of a Notice of Completion. Budget Amendment A contract was issued to Tasco Construction to perform the necessary work in the amount of $18,141. Once the contractor exposed the area during the initial repair work, it was determined that additional beams and roof plywood had suffered the same damage and needed to be replaced. This required additional plywood, beams, plastering work and scaffolding rental time. Since the Change Order become necessary at a time in the project that work could not be stopped, the Change Order in the amount of $13,739 was approved administratively by staff. The total cost of the construction was $31,880. In addition to construction costs, the building permit was $500 M :\MLindley\Facilitics\Breezeway budget amend ccagda.doc io, OJ-24 Honorable City Council February 19, 2003 Page 2 the total project budget to $32,380. The City Council is being asked to approve a budget amendment in the amount of $12,380. It is proposed that funds be transferred from the General Fund Reserve Balance to cover the additional expense. Notice of Completion A contract was awarded to Tasco Construction Inc. for repairs to the Community Center Breezeway. The initial contract was for $18,141. A total of one Change Order was approved as follows: Change Order 41 (Cost - Add $13,739) Repair additional roof area which included additional plywood, beams, plastering work and scaffolding rental time. Construction of the project has been completed pursuant to the approved plans and specifications, less minor "punch" list items. The total completed construction budget is $31,880. With the City Council's authorization to record the Notice of Completion, the Contractor will receive the balance of the payment due 35 days after the recordation and fulfillment of all contractual obligations as determined by the City. STAFF RECOblMMATION (Roll Call Vote) 1. Adopt Resolution No. 2003 - , amending the FY 2002/03 Budget by appropriating $12,380 from the General Fund Reserve Balance for additional repairs to the Community Center Breezeway, and 2. accept the work as complete, and authorize the filing of the Notice of Completion. Attachments: A - Resolution J,00g2Is Honorable City Council February 19, 2003 Page 3 ATTACHMENT A RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY TRANSFERRING $12,380 FROM THE GENERAL FUND RESERVE BALANCE (1000.5500) TO THE FACILITIES BUDGET (1000.7620) FOR REPAIRS TO THE COMMUNITY CENTER WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to said Council requesting a budget amendment by transferring $12,380 from the General Fund Reserve balance for repairs to the Community Center; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item(s) . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment allocating $12,380 from the General Fund Reserve as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 19th day of February, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A ()G ()JL2G Honorable City Council February 19, 2003 Page 4 Resolution No. 2003- EXHIBIT A Budaet Revision A. Fund Allocation: Fund No. Fund Name Amount 1000.5500 General Fund - Community Services Department $12,380 $12,380 $36,880 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 1000.7620.7632.9621 $24,500 $12,380 $36,880 Approved to Form: 00�:127 MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council 07— /9' -a�003 Mary K. Lindley, Director of Community Servicesi� DATE: February 13, 2003 SUBJECT: Consider Adoption of a Resolution Amending the FY 02/03 Budget Appropriating Gas Tax Funds for the Purchase of Portable Lights DISCUSSION At the time the City Council approved and adopted the 2002/03 Budget, it contained a recommendation to purchase four portable light towers, to be shared by the recreation division and the Public Works Department. Each light operates with a diesel fuel generator. The generators can be used to operate other equipment when necessary. The towers would be used for all of the City's evening recreation events including, but not limited to: 3rd of July Fireworks, the three -day Apricot Festival, teen concerts and activities, and proposed summer family activity nights, and evening Skatepark events. Traditionally, the City rents light towers for these types of activities. Additionally, the Works Department situations where would also be earthquake, trail activities in the towers would be used whenever the Public is required to handle evening emergency lights would be necessary. The towers used for any City emergency (fire, 1 derailment), to assist with response evening. At the time the budget was approved Capital Outlay sheet was included requested purchase in the amount light tower) . The sheet identified $15,000 from the General Fund and However, in error, only the General by the City Council, a which identified the of $30,000 ($7,500 per the funding source as $15,000 from Gas Tax. Fund appropriation was M: \MLindley \Recreation \light tower budget amend ccagda.doc U* Cl, y108 Honorable City Council February 19, 2003 Page 2 included in the final line item expenditure budget. Therefore, staff is requesting that the Council adopt the attached Resolution, appropriating the Gas Tax portion of the purchase. STAFF RECONMENDATION (Roll Call Vote) Adopt the Resolution amending the FY 02/03 budget by appropriating $15,000 from the Gas Tax Reserves (2605) to the Street Maintenance expenditure budget. 000 4;9 Honorable City Council February 19, 2003 Page 3 ATTACHMENT A RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY TRANSFERRING $15,000 FROM GAS TAX FUND RESERVE BALANCE (2605.5500) TO THE STREET MAINTENANCE EXPENDITURE BUDGET (2605) TO PURCHASE LIGHT TOWERS WHEREAS, on June 5, 2002, the City Council adopted the budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to said Council requesting a budget amendment by transferring $15,000 from the Gas Tax Fund Reserve balance for portable light towers; 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 from the described approved. Gas Tax Fund Reserve as in Exhibit "A" attached allocating $15,000 more particularly hereto is hereby 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 19th day of February, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A 30 Honorable City Council February 19, 2003 Page 4 Resolution No. 2003- EXHIBIT A Budget Revision A. Fund Allocation: Fund No. Fund Name Amount 2605.5500 Gas Tax Fund $15,000 $15,000 i i B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 2605.8310.0000.9504 $0 $15,000 $15,000 Approved to Form: Ot 67 OG0 131