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HomeMy WebLinkAboutAG RPTS 2003 0319 CC REGResolution No. 2003 -2059 Ordinance No. 294 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 19, 2003 6:30 P.M. Moorpark Communitv Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS AND COMMENDATIONS: A. City Manager's Monthly Report. 5. PUBLIC COMMENT: 799 Moorpark Avenue (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.) 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) ------------------------------------------------------------------------------------------------- Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Council concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action. /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 517 -6223. Regular City Council Meeting Agenda March 19, 2003 Page 2 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 8. PUBLIC HEARINGS: 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 February 19, 2003, with public hearing open.) Staff Recommendation: Continue this matter, public hearing open, to April 2, 2002. (Staff: Barry Hogan) B. Consider Industrial Planned Development (IPD) No. 2000 -01 for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 Acres into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR; and 3) Adopt Resolution No. 2003 - approving Industrial Planned Development Permit No. 2000 -01 and Tentative Tract Map No. 5226. (Staff: Barry Hogan) C. Consider General Plan Amendment Pre - Screening Application No. 2001 -03 to Convert 4.8 Acres from Rural High Residential Uses to Medium Industrial Uses at 13991 Los Angeles Avenue on Behalf of Mohammad Sheshebor and Eddie Gharabaghi. Staff Recommendation: 1) Approve the General Plan Amendment Pre - Screening application subject to the preparation of a draft Specific Plan for the study area; and 2) Direct staff to work with the applicant and other property owners in the study area seeking entitlements to fund the cost of the preparation of a draft Specific Plan. (Staff: Barry Hogan) Regular City Council Meeting Agenda March 19, 2003 Page 3 8. PUBLIC HEARINGS: (Continued) D. Consider General Plan Amendment Pre - Screening Application No. 2001 -02 to Convert 4.0 Acres from General Commercial Uses to Very High Density Residential Uses at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. Staff Recommendation: Direct staff to obtain funds from Grand Moorpark, LLC and Shea Homes for the preparation of a commercial demand study, and upon completion of the study, refer the case back to the Affordable Housing /Community Development Committee for recommendation to the City Council. (Staff: Barry Hogan) 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Award of Contract to Ecology Construction Inc. and Adoption of a Budget Amendment for Arroyo Vista Community Park Phase II Construction. Staff Recommendation: Award a contract to Ecology Construction Inc. for $1,779,317.68 for construction of AVCP Phase II; authorize a loan of $590,000 from the General Fund Reserve Balance, to be repaid with interest at the LAIF rate; and adopt Resolution No. 2003 - appropriating $180,000 from the Park Improvement Fund Balance - Community Zone and $590,000 from the General Fund Reserve Balance to the AVCP Phase II project budget (7022). (ROLL CALL VOTE REQUIRED) (Staff: Mary Lindley) B. Consider Boys & Girls Club Loan. Staff Recommendation: Forgive the loan balance of $47,000 to the Boys & Girls Club effective June 30, 2003, but retain the right to modify this decision during budget deliberations. (Staff: Cynthia Borchard) C. Consider App Agreement Re RPD 1994 -01 roval of Second jarding the Moorp - Toll Brothers. Amendment to Settlement irk Country Club Estates Staff Recommendation: Approve the Second Amendment to the Settlement Agreement and authorize the Mayor to sign the Agreement subject to the final language approval of the City Attorney and City Manager. (Staff: Steven Kueny) Regular City Council Meeting Agenda March 19, 2003 Page 4 9. PRESENTATION /ACTION /DISCUSSION: (Continued) D. Consider Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates). Staff Recommendation: Direct the applicant to file the Modifications to Tract 4928, RPD 1994 -01, and CUP 1994 -01 and authorize the Community Development Director to bring them back to the Council as a consent item, in order to bring Conditions of Approval into consistency with the Second Amendment to the Settlement Agreement. (Staff: Barry Hogan) E. Consider Potential Alianments for State Route 23 North of New Los Angeles Avenue. Staff Recommendation: Direct staff to proceed with development of Spring Road as a future alignment for State Route 23. (Staff: David Bobardt) F. Consider Resolution Establishing a "Permit Only" Parking Zone on Flory Avenue. Staff Recommendation: Adopt Resolution No. 2003- establishing a "Permit Only" parking zone on Flory Avenue. (Staff: Kenneth Gilbert) G. Consider Resolution and Letter in SuoTDort of Santa Monica Mountains Conservancy (SMMC) Advisory Committee Exemption from State Directive to Limit Meetings to Once Annually. Staff Recommendation: Adopt Resolution No. 2003- and authorize the Mayor to sign a letter in support of an exemption for the SMMC Advisory Committee from an order of the Governor to require State advisory bodies to limit meetings to once annually. (Staff: Deborah Traffenstedt) H. Consider Scheduling of the Summer Meeting Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for either the July 16 or August 6, 2003, regular meeting. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda March 19, 2003 Page 5 10. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of February 5, 2003. Consider Approval of Minutes of Special Meeting of March 5, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - March 19, 2003. Manual Warrants Voided Warrant Payroll Liability Warrants 112133 - 112137 & 112220 - 112221 112074 & 112232 112222 - 112229 $ 7, 646.88 $ 193.00 $ (857.73) $ 12,498.86 Regular Warrants 112138 - 112219 $ 47,668.87 112230 - 112251 $ 322,675.90 Staff Recommendation: Approve the warrant register. C. Consider Resolution Funding 1) Speed Feedback Sign Costs; and 2) Construction of Improvements to the Medians on Campus Park Drive East of Collins Drive. Staff Recommendation: Adopt Resolution No. 2003 - ROLL CALL VOTE REQUIRED. (Staff: Kenneth Gilbert) D. Consider Resolution Rescinding Resolution No. 2002- 1998 and Directing the Placement of a STOP Sign at Only the Deering Lane Entrance to the Intersection of Cedarpine Lane and Deering Lane. Staff Recommendation: Adopt Resolution No. 2003 - (Staff: Kenneth Gilbert) E. Consider Resolution Amending Fiscal Year 2002/2003 Budget to Fund Certain Assessment Engineering Costs (Fund 1000 - General Fund). Staff Recommendation: Adopt Resolution No. 2003- amending the FY 2002/03 Budget to fund the Assessment Engineering costs defined and described in the agenda report. ROLL CALL VOTE REQUIRED. (Staff: Kenneth Gilbert) Regular City Council Meeting Agenda March 19, 2003 Page 6 10. CONSENT CALENDAR: (Continued) F. Consider Amendment of City /County Agreement for the Installation of the Traffic Signal at Tierra Road and Sunset Valley Road (formerly Moorpark Road); Approval of City /County Agreement for the Maintenance of Traffic Signals at Certain Intersections; and Adoption of a Resolution Amending the Fiscal Year 2002/2003 Budget for the Moorpark Park Road Realignment Project (Project 8043) (Fund 2002 - Traffic Mitigation Fund) . Staff Recommendation: 1) Approve an Amendment to City /County Agreement pertaining to the construction of a temporary traffic signal at Tierra Rejada Road and Sunset Valley Road (formerly Moorpark Road), subject to final language approval by the City Manager and the City Attorney; 2) Approve a City /County Agreement pertaining to the sharing of costs for certain "shared" intersection, subject to final language approval by the City Manager and the City Attorney; and 3) Adopt Resolution No. 2003 - amending the FY 2002/03 Budget for Project 8043 - Moorpark Road Realignment Project. ROLL CALL VOTE REQUIRED. (Staff: Kenneth Gilbert) G. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Morrison - Fountainwood- Agoura. Staff Recommendation: 1) Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Morri son- Fount ainwood- Agoura has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. (Staff: Barry Hogan) H. Consider Approval of a Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2003- (Staff: Deborah Traffenstedt) I. Consider Rejection of Claim: Nancy T. Dion. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. (Staff: Deborah Traffenstedt) Regular City Council Meeting Agenda March 19, 2003 Page 7 10. CONSENT CALENDAR: (Continued) J. Consider Rescission of Resolution No. 98 -1508 Regarding the Golf Course Commencement Date for Moorpark Country Club Estates - Toll Brothers. Staff Recommendation: Adopt the Resolution No. 2003 - rescinding Resolution No. 98 -1508. (Staff: Barry Hogan) K. Consider Resolution Urging the State Legislature to Reject the Governor's Proposal to Shift Local Government's Share of Vehicle License Fee (VLF)Revenue and to Honor the 1998 Commitment to Restore the VLF. Staff Recommendation: Adopt Resolution No. 2003 - (Staff: Hugh Riley) L. Consider Resolution Authorizing the Sale of 284 Charles Street. Staff Recommendation: 1) Approve Resolution No. 2003- , authorizing the transfer of 284 Charles Street, Moorpark, California, to the Moorpark Redevelopment Agency for subsequent sale to the property owner of 661 Magnolia Street; and 2) Direct the City Manager to request reconveyance of the City's interest in this property. (Staff: Nancy Burns) 11. ORDINANCES: A. Consider Ordinance No. 292, an Ordinance of the City of Moorpark, California, Amending Title 10, Vehicles and Traffic, by Adding New Chapter 10.20, Skateboard, Motorized Skateboard, Scooter, Motorized Scooter, Roller Skate and In -Line Skate Regulations. Staff Recommendation: Declare Ordinance No. 292 read for the second time and adopted as read. B. Consider Ordinance No. 293, an Ordinance of the City of Moorpark, California, Amending Section 3.16.050 of Chapter 3.16, Investment of City Funds, of Title 3, Revenue and Finance. Staff Recommendation: Declare Ordinance No. 293 read for the second time and adopted as read. Regular City Council Meeting Agenda March 19, 2003 Page 8 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. 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). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark City Council to be held on Wednesday, March 19, 2003, at 6:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on March 14, 2003, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 14, 2003. J Maureen Benson, Deputy City Clerk I1 ,M 9-A. 4--c7 L-}_2- _ MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry R. Hogan, Community Development Direct Prepared By: Paul Porter, Principal Planner DATE: March 12, 2003 (CC Meeting of 3/19/03) 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 This item has been under consideration by the Ad Hoc Committee (Councilmembers Millhouse and Parvin) for some months. The Committee resolved the issue regarding the lack of parking with a redesign of the freestanding building in the interior of the project to accommodate parking /loading /unloading. The redesign resulted in a total square foot reduction from 113,994 square feet to 85,675 square feet, bringing the floor area ratio (FAR) to 0.76, consistent with the adjacent A to Z Storage FAR of 0.78. Once this aspect of the project was settled, the Committee went on to address the applicants offer to the City regarding the settling the differences in interpretation regarding general plan land use category Medium Industrial. On February 5, 2003, the Committee discussed an offer by the applicant which resulted in a counter offer by the Ad Hoc Committee to the applicant. The counter offer has been verbally accepted by the applicant. What remains is for the full Council to consider the agreement that the Committee has reached with the applicant and to approve the revised IPD. The Committee will present its recommendation to the Council at the April 2, 2003 City Council meeting. S: \Corcnunity Development \DGV PMTS \I P D \2000 \10 Asadurian \Staff Report \cc 030319.doc 000, 001 Honorable City Council March 19, 2003 Page 2 STAFF RECOMONDATION Continue the matter, public hearing open, to April 2, 2003. S: \Ccm.-nunity Development \DEV PMTS \Z P D \2000 \10 Asadurian \Staff Report \cc 030319.doc ITEM T. 5 - AC 0 +: ���;P � �f' `�� ter• 6 Act MOORPARK CITY COUNCIL AGENDA REPORT ./ TO: Honorable City Council FROM: Barry K. Hogan, Community Development Dire c Prepared By: Paul Porter, Principal Planne DATE: March 3, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Industrial Planned Development (IPD) No. 2000 -01 for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 Acres into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0- 260 -045) BACKGROUND On February 4, 2003, the Planning Commission adopted Resolution PC- 2003 -438, recommending approval of Industrial Planned Development rermit (IPD) No. 2000 -01 and Tentative Tract Map (TTM) No. 5264, a request for a ten (10) building, 464,963 square foot corporate industrial center and subdivision of 33.04 acres into nine (9) lots, located west of the 23 Freeway and east of Miller Parkway and approximately 230 feet south of New Los Angeles Avenue. The Planning Commission Agenda Report is attached. DISCUSSION The original IPD application included Industrial Planned Development (IPD) Permit Nos. 2000 -01 through 08 and Tentative Tract Map (TTM) No. 5226. On August 21, 2002, the applicant revised the IPD application adding two (2) additional buildings for a total of ten (10). For purposes of consolidating the IPD numbers for this project, staff has assigned IPD No. 2000 -01 to the entire project. The Planning Commission at its hearing on February 4, 2003, indicated that it was satisfied with the architectural detail of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Agenda Reports \cc 030319.doc 0-00063 Honorable City Council March 19, 2003 Page 2 the buildings, commented positively to the proposed pedestrian connection with the Moorpark Marketplace (Zelman), and expressed unanimous support for the proposed development. ENVIRONMENTAL This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a Business Park zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECObS01MATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Determine that this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. 3. Adopt Resolution No. 2003- approving Industrial Planned Development Permit No. 2000 -01 and Tentative Tract Map No. 5226. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report and attachments for Planning Commission Hearing on January 27, 2003 and February 4, 2003 (Draft PC Resolution not included). 3. Planning Commission Resolution No. PC- 2003 -438 (Exhibit A, Conditions of Approval not included). S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Agenda Reports \cc 030319.doc +004 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT (IPD) NO. 2000 -01 AND TENTATIVE TRACT MAP (TTM) NO. 5226, ON A 33.04 ACRE PARCEL, LOCATED WEST OF THE 23 FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY 230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE APPLICATION OF CYPRESS LAND COMPANY (ASSESSOR PARCEL NO. 512 -0- 260 -045) WHEREAS, at duly a noticed public hearing on February 4, 2003, the Planning Commission Adopted Resolution No. PC- 2003 -438 recommending to the City Council approval of Industrial Planned Development Permit (IPD) Nos. 2000 -01 through 10 (Subsequently assigned IPD No. 2000 -01 for the entire project) and Tentative Tract Map No. 5226 on the application of Cypress Land Company for a 464,963 square foot corporate industrial center contained within ten (10) buildings and a subdivision of approximately 33.04 gross acres into nine (9) lots on property located west of the 23 Freeway and east of Miller Parkway, approximately 230 (230') feet south of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as follows: Industrial Planned Development Permit Nos. 2000 -01: Lot Number Use Building Area (sq. ft.) --------- - - - - 1 -- - - - - - -- Industrial - - -- -- --------- ----------- Office -- - 35,523 -- - -- _ 2 . - - - -- - - - -- - Industrial _- - - - -_. - -------------- - - - - -------- - - - -- Office _ ----- - - - - -- -------- -- - --- ------ 46,354 - -- - -- 3 - -- - -- -- - -- Industrial Office 57,967 -- - - . - 4 - -- - - - -. - -- - ----------- - - -__v Industrial - - - - - -^ . - - -- ---- .-------------------- - -- - - - -- Office - - - - -- - -- . -_ . -_.. - - -- - - - -.. -- ----- - - - - -_ - 63,174 ----- --------- `' - - -- . _ - - - - -- 5 (A) Industrial Office - 41,992 5 - - -�. -- - (B) - - - -- - - - - - -. -- Industrial - - -- - - - -- - Office - _ - _..--------- 46,102 --- ...-- -_..�- - - - -- - ...-------- _.__._. . 6 (A) Industrial Office 20,184 6 -- - -_ - (B) -- - - - -- - - - -- Industrial -------- - - - -`. - - - - - -- ._-.. Office _- . - --- - - - - -- 30,194 ---------------- - - - - -- _.._ - - - - -- 7 - - - -- Industrial Office 60,249 - - - -- 8 -- ----- _-------- -_._.- __.--------- Industrial - - - - -- Office - - -- - - -_ - -------- - - - - -- 63,224 Total 464,963 CC ATTACHMENT 1 O®05 Resolution No. 2003 - Page No. 2 Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84 123,805 -- -- — - - - -- — 2 — ---------- - - - - -- — 3.12 -- ------------ .._�.— ------- - -. - - - - - -- —..... 135,938 — -------- _... - - - -- - ----------------------------- - - - - -- 3244 —. ------ - - - -.. -- - - - - -- — ------- 149,883 4 4.32 188,221 ----- -.. - -- - - -- - - -- 5 - - -- ------------------------ - - - - -- 6.54 _.._� -------- - - - - -- — — ---- -- - - - - -- 284,847 - - -- - - -- -- - - - - -- — - -- 6 ----------- - - - - -- — ..— - 3.31 - —_ -- ------- - - - - -_ — -- - - - - -- -------- - - - - -- 144,066 --- — --- — .--- ----- — - - -_.. 7 -- _ —. -- - - - - -- ------------ - - - - -- 3.45 - - - -- — - - - - -- -- --- - - - - -- — 150,130 8 3.86 168,346 - - - - -- - - - -- — — A - - - -- - - - - - -- ._— ..— .------- - - - - -- 2.16 - - - - -_� _ —.. _ -- ----- _-- .. - - -- - -- ._ —.._ 94,001 Total 33.04 11439,237 WHEREAS, at a duly noticed hearing on March 19, 2003, the City Council considered Industrial Planned Development Permit (IPD) No. 2000 -01 and Tentative Tract Map (TTM) No. 5226; and WHEREAS, at its meeting on March 19, opened the public hearing; took public public hearing; and after review and information contained in the staff repoi thereto, and consideration of written and has reached a decision on this matter. 2002, the City Council testimony, closed the consideration of the -t and any supplements oral public testimony, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director's determination that the proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified, as the proposed business park has been determined to be an allowable use within a BP zone, and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the S: \Community Development \DEV PM ^S \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000006 Resolution No. 2003 - Page No. 3 Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project is also a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community and the structure has design features which provide visual relief and separation between land uses of conflicting character because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and applicable City Codes. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc OW00 7 Resolution No. 2003 - Page No. 4 mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat, and has sufficient depth to allow for reasonable development of industrial - office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development as the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision has been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the will not conflict large, for access the proposed subd has been reviewed conflicts. subdivision and the type of improvements with easements acquired by the public at through, or use of the property within ivision in that the proposed subdivision by the City to insure that there are no H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and cleanse runoff consistent with the requirements of the Water Code Section 13000. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on the property. SECTION 4. CITY COUNCIL APPROVAL: A. The City Council approves Industrial Planned Development Permit No. 2000 -01 subject to the Special and Standard- S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000008 Resolution No. 2003 - Page No. 5 Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. B. The City Council approves Tentative Tract Map No. 5226 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000.0® J Resolution No. 2003 - Page No. 6 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 Please contact the PLANNING DIVISION for questions regarding compliance with the following conditions 1. Prior to issuance of Zoning Clearance for building permit for each building within the project, the applicant shall pay the following fees: a. Development Fee: The applicant shall pay the City a Development Fee consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Development Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. b. Mitigation Fee: The applicant shall pay the City a "Mitigation Fee" consistent with the Settlement Agreement requirement for the Amended Carlsberg Specific Plan. The amount of the Mitigation Fee shall be consistent with the terms of the Carlsberg Settlement Agreement. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 2. Prior to occupancy of the first building, the Developer shall construct a trail on the hill located south of the project, the specific location and design of which is subject to the review and approval of the Community Services Director and Community Development Director. The location of the trail easement (a minimum of twelve feet (12') wide) shall be offered for dedication to the City of Moorpark on the Final Map. Plans for construction of the trail shall be approved by the City prior to issuance of the first grading permit for the project. Once the trail has been constructed and accepted as complete by the City, the owners' association, maintenance district, or similar entity, shall be responsible for maintaining the trail upon completion of the one (1) year maintenance period. The specific entity responsible for maintenance shall be subject to the approval of the City Attorney, Community Services Director and Public Works Director. Any modification of the approved trail system S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0000:10 Resolution No. 2003 - Page No. 7 which was approved as part of the Amended Carlsberg Specific Plan shall be approved prior to issuance of a building permit for construction. STANDARD CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -01 Please contact the PLANNING DIVISION for questions regarding compliance with the following condition(s) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Department of Community Development shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Development Permit are approved or i abandoned, the City of Moorpark may, initiate revocation procedures for cause of Section 17.44.080. For purposes "abandoned" shall mean a cessation businesses which would render the center public for a Initiation of revocation of based upon the Industrial Planned s determined to be at its discretion, per the provisions of this condition, of a business or unavailable to the period of lbu or more consecutive days. revocation procedures may result in the the permit or modification of the permit evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation in place and substantial work in progress) not later S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc i slab than GC1(gs Resolution No. 2003 - Page No. 8 two (2) years after this permit is granted this permit shall automatically expire twenty -four (24) months after adoption of the City Council resolution approving the project. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. Upon expiration of this permit or failure to inaugurate the use, the premises shall be restored by the Permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable to the satisfaction of the Community Development Director. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. The Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action but such participation shall not relieve Permittee of his /her obligation under this condition. 9. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the Permittee, said on -site S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0W6162 Resolution No. 2003 - Page No. 9 improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of these conditions, the Community Development Director shall declare the surety forfeited. 10. Prior to the occupancy, those proposed uses which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Building and Safety Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 11. No later than ten (10) days after any change of property ownership or change of lessee(s) or operators) of the subject building, there shall be filed with the Community Development Director the name (s) and address (es) of the new owner(s), lessees) or operators) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 12. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Modification or Permit Adjustment to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 14. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 15. The Permittee agrees not to protest the formation of an underground Utility Assessment District. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc W00:13 Resolution No. 2003 - Page No. 10 16. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 17. No noxious odors shall be generated from any use on the subject site. 18. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 19. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 20. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Permittee shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Permittee fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 21. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 22. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc 050014 Resolution No. 2003 - Page No. 11 23. All contractors doing work in Moorpark shall obtain a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 24. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 25. Prior to occupancy of any of the buildings, the Permittee shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 26. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. BUILDING REQUIREMENTS 27. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Department of Community Development. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are compatible with the zoning and terms and conditions of the planned development permit. 30. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The Permittee shall assure the preservation of the site; shall obtain the services of a qualified S: \Community Development \DEV PMTS \1 P D \2000 \01 Cypress \Resolutions \ccreso.doc 0000:15 Resolution No. 2003 - Page No. 12 paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The Permittee shall be liable for the costs associated with the professional investigation and disposition of the site. 31. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 32. All proposed utility lines within and immediately adjacent to the project site as determined by the Community Development Director, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above- ground power poles and other utilities on the project site as well as those along the street frontage. The Permittee shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to or within landscaped areas and screened on three (3) sides. 33. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 34. Prior to issuance of Zoning Clearance for building permit, the Permittee shall pay the following fees: a. Park Fee: Prior to issuance of a Zoning Clearance, the Permittee shall pay the City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be fifty cents ($.50) per square foot of gross floor area. b. Art in Public Places Contribution: The Permittee shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of ten cents ($.10) per each square foot of building area. Should the Council decide that an on -site or off -site public art project is appropriate in lieu of the Art in Public Places fee, the permittee shall design or have designed art work which has a value corresponding to or greater than the fee and must receive approval from the City Council for the art work. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc W(AG Resolution No. 2003 - Page No. 13 c. Moorpark Traffic Systems Management (TSM) Fee: Prior to issuance of Zoning Clearance for a building permit for construction of each building, the Permittee shall pay the required City TSM Fee prorated per square foot on the basis of a total of $234,998.40 as calculated, using the latest URBEMIS software provided by the Ventura County Air Quality Management District. This calculation is based upon tons /day, 6.41 trip generation rate, and industrial park use. If a building permit for the first building has not begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI) as determined by the Administrative Services Director. d. Prior to issuance of a building permit, a Tree and Landscape Fee of five cents ($.05) per square foot of pad space shall be paid pursuant to Ordinance No. 102. 35. The Building Plans shall reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls shall be shown on the site plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities, in quantities as determined by the Community Development Director. d. Required loading areas and turning radius depicted on the site plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment). f. Architectural elements and decorative treatments on all building elevations as shown on the industrial planned development permit. Final decorative elements are subject to the review and approval of the Community Development Director. g. Dimensions of all parking stalls and overhangs in compliance with Chapter 17.32 of the Municipal Code. Raise concrete curbs shall be used in lieu of separate wheel stops. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0001617 Resolution No. 2003 - Page No. 14 36. Roof design and construction shall include a minimum 18- inch extension of the parapet wall above the highest point of a flat roof area around all sides of any flat roof areas. 37. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Department of Community Development for review and approval. 38. Property line walls shall be located no further than one inch from the property line. 39. Downspouts shall not be permitted on the exterior of any building. 40. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). Prior to the issuance of a Zoning Clearance for building permit, the roof screening and location of any roof - mounted equipment shall be approved by the Community Development Director. All screening shall be maintained for the life of the permit. 41. Any outdoor ground level equipment and storage shall be screened from view by an architecturally compatible masonry wall, the design of which shall be approved by the Community Development Director. 42. Exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 43. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc OGUAS Resolution No. 2003 - Page No. 15 study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 44. Parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. 45. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director and the City's Solid Waste Management staff. All trash disposal and recycling areas shall be designed in accordance with City standards and shall meet the requirements of the National Pollutant Discharge Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. 46. The franchised refuse hauler designated to service this location will be determined prior to construction. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc�j Resolution No. 2003 - Page No. 16 LANDSCAPING 47. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The Permittee shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the Map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 48. Prior to issuance of a Zoning Clearance for building permit, the Permittee shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 49. The Permittee shall be responsible for maintenance of any Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the permittee's expense. The total City cost for such maintenance shall be borne by the Permittee through the City levy of an annual landscape maintenance assessment. 50. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of any Parkway Landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation of the District, the Permittee shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 17 b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; C. One hundred twenty (120) days prior to the planned recordation of any Map or the planned issuance of any Zone Clearance, submit to the City: i. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. A check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The Permittee shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 51. It shall be the intent of the City to approve the required assessment each year, but to levy only that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the Parkway Landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following condition 52. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development Nos. 2000 -01. Please contact the VENTURA COUNTY FIRE DISTRICT for questions regarding compliance with the following conditions 53. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 ") 54. All access roads /driveways shall be of a sufficient width to allow a 40 -foot outside turning radius at all turns in the road. 55. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. S: \Ccrnmunity Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 18 56. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed 800 (800') feet. 57. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. The secondary access shall be a minimum of twenty -six (26') feet in width and shall be located as shown on exhibits. It shall be installed and in service prior to issuance of any building permits and when the cumulative total area of buildings that are completed exceeds one -half of the total area of buildings. 58. All access roads /driveways providing the required primary and secondary access, both on and off -site, shall be located within easements granted to all properties that require said access. Recorded easements shall be provided prior to Map recordation or issuance of any building permits, whichever occurs first. 59. Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 60. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Moorpark Road Standards. 61. Approved walkways shall be provided from all building openings to the public way or the department access road /driveway. 62. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 (150') feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 63. An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc o &622 Resolution No. 2003 - Page No. 19 Prevention Division for review and approval prior to installation. 64. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 65. Prior to construction, the Permittee shall submit plans to the Fire District for placement of the fire hydrants. On the plans show existing hydrants within 300 (300') feet of the development. Indicate the type of hydrant, number and size of outlets. 66. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 67. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. 68. Plans for water systems supplying the hydrants and /or fire sprinkler systems and not located within a water purveyor's easement shall be submitted to the Fire District for review and approval prior to installation. 69. Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 70. Portions of this development may be in a Hazardous Watershed Fire Area and those structures shall meet hazardous fire area building code requirements. 71. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 72. A copy of all recorded maps shall be provided to the Fire Prevention Division within seven (7) days of recordation of said map. 73. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute. A minimum flow of 1250 gallons per minute shall be provided from any one (1) hydrant. The applicant shall verify that the water purveyor can provide the required volume and duration at the project prior to obtaining a building permit. S: \Community Development \DEV PMTS \_T P D \2000 \01 Cypress \Resolutions \ccreso.doc _ Resolution No. 2003 - Page No. 20 74. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 75. Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc.) shall be submitted, with payment for plan check to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 76. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 77. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 78. Building plans of all A,E,I,H,R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 79. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5') feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 80. Permittee and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 81. Permittee shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 82. Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 83. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 (100') feet prior to framing, according to the Ventura County Fire Protection Ordinance. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 000024 Resolution No. 2003 - Page No. 21 Please contact the VENTURA COUNTY WATERWORKS DISTRICT 1 regarding compliance with the following condition 84. In addition to the District's questionnaire, the Permittee shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for permittee's projects within the District. The project shall have a master meter with RP backflow device in each of the two tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the following condition 85. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. Please contact the POLICE DEPARTMENT regarding the following conditions 86. Exterior access ladders to the buildings shall not be permitted. 87. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. Please contact the MOORPARK UNIFIED SCHOOL DISTRICT regarding the following condition 88. If applicable, prior to the issuance of a Building Permit, the Permittee shall pay all school assessment fees levied by the Moorpark Unified School District. Please contact the BUILDING & SAFETY DIVISION regarding the following conditions 89. No asbestos pipe or construction materials shall be used. 90. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc�� Resolution No. 2003 - Page No. 22 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 1. The Final Map shall contain an irrevocable offer of dedication of any easement area shown on the tentative map. Additionally, an easement for public service, public transit, and reciprocal access to the lot located to the north of the development and mutual access between each lot created by the land division shall be provided on the Final Map. All said easements shall be provided free and clear of all liens and encumbrances to the satisfaction of the City Engineer, City Attorney and Community Development Director. The reciprocal easement between the commercial property to the north and this proposed industrial parcel shall be provided at the area of the 28 -foot wide emergency vehicle access opening north of building lots 7 and 8. 2. The City Manager, or the Manager's designee, is authorized to sign an early grading agreement on behalf of City to allow grading of the Project prior to City Council approval of a Final Subdivision Map. Said early grading agreement shall be consistent with the Conditions of Approval for Tract No. 5226 and IPD No. 2000 -01 and contingent on City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the grading and construction of on -site and off -site improvements, with the exception of on -site lighting. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may declare the surety forfeited. 3. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these Conditions of Approval. The street Improvements shall be to the satisfaction of the City Engineer and as follows: a. Miller Parkway (from a point 600' south of the Intersection with Patriot Drive (shown as "A" Street in the Tentative Tract Map) to the south right -of -way line of Los Angeles Avenue): i. Miller Parkway at the intersection with Patriot Drive) shall be fully signalized and all curb - return radii and raised medians shall accommodate turning requirements for a California semi S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 23 trailer truck. The extent of improvements along Patriot Drive, in order to restrict vehicular ingress and egress movements, shall be coordinated with the development of the parcel northerly of this project. Construct loop detector circuits, upgrade and activate Patriot Drive signals to the satisfaction of the City Engineer. ii. Miller Parkway from a point 600 (600') feet south of the Intersection with Patriot Drive to the south right -of -way line of Los Angeles Avenue) shall be improved as follows: (1) The existing raised center median shall remain and Developer shall maintain existing widths of all lanes, sidewalks and parkways. (2) Provide a 11­�-inch thick asphalt rubber hot mix overlay. (3) The nose on the center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. b. Patriot Drive i. Patriot Drive (at the intersection with Miller Parkway) shall be constructed per Ventura County Road Standard Plate B -3C (modified) with a minimum right -of -way of eight -two (82') feet in width and shall consist of two (2) 12 -feet wide entry lanes, a raised median with a minimum width of four (4) feet, a 10 -feet wide left turn lane, • 12 -feet wide through lane exiting the site and • 12 -feet wide right turn only lane. ii. Patriot Drive (beyond the transition to a normal section) shall be constructed per Ventura County Road Standard Plate B -3C (modified) with a minimum sixty -four (64') feet wide right -of -way consisting of two (2) 12 -feet wide travel lanes, two (2) 10 -feet wide parking /bike lanes and two (2) 10 -feet wide parkways that shall include minimum 5 -feet wide sidewalks (exclusive of the curb) adjacent to the back of curb. C. Drivewav Entrances into the Protect: i. All proposed project entrances shall be aligned as near to perpendicular (or radial) to the S: \Community Deve'_opment \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc i& 7 Resolution No. 2003 - Page No. 24 project boundary lines or Patriot Drive as possible. Where this is not possible, the sum of the differences of the curb return delta angles from ninety (90) degrees shall not exceed ten (10) degrees without approval from the City Engineer. ii. All curb return radii shall accommodate turning requirements for a California semi - trailer truck. In addition, all` interior driveways shall accommodate turning movements for a California semi - trailer truck. iii. The access driveway connection to Patriot Drive from the commercial project at the northwest corner of the project shall be completed to the satisfaction of the City Engineer. 4. The Developer shall dedicate vehicular access rights to the City of Moorpark along Miller Parkway. 5. Developer shall participate in intersection improvements for Los Angeles Avenue /Spring Road. The level of participation shall be to the requirements of the City Council Resolution No. 94 -1061. Prior to Final Map approval, a traffic report shall be provided by the Developer that shall determine the extent of the impact to this intersection. 6. Prior to Zoning Clearance, the Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue ($165,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection). The Developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. 7. The D.C. sand filters shown on the Tentative Tract Map are not approved as acceptable systems for compliance with the NPDES requirements. It shall be incumbent on the Developer to use "passive" BMP's (Best Management Practice). S: \Commurrity Cevelopment \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 25 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5226 Please contact the PLANNING DIVISION regarding the following conditions GENERAL REQUIREMENTS 1. The Conditions of Approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Tract Map No. 5226, the Permittee shall submit a conforming Tentative Tract Map that complies with all Conditions of Approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references Conditions of Approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if Permittee can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the Map. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 029 Resolution No. 2003 - Page No. 26 will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Tract Map is ultimately recorded with respect to the subdivision. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the Final Map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a Final Map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a Final Map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement or other acceptable document as determined by the Community S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolstions \ccreso.doc O 630 Resolution No. 2003 - Page No. 27 Development Director for uniformity and consistency landscaping and lighting, and within all TTM No. 5226 lots along the street frontages. easement shall be recorded recordation. the purposes of ensuring of maintenance of parking, reciprocal access and parking and maintenance of landscaping The operational agreement and concurrently with Final Map Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the following condition 10. The project shall control and manage storm runoff to prevent any potential impacts downstream, which might arise from the effect of the development. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following conditions 11. All conditions of Tentative Tract Map No. 5226 shall apply to Industrial Planned Development No. 2000 -01 through -10. FINAL MAP CONDITIONS 12. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 13. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 14. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 15. If any hazardous waste is encountered during the construction of this project, all work shall be immediately S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 043003:1 Resolution No. 2003 - Page No. 28 stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 16. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 17. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision, as well as, any easements that affect the subdivision. 18. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 19. A Final Tract Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted to the City Engineer for review. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollutant Discharge Elimination System, hereinafter NPDES system, not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Z.^;,;: GX_ Resolution No. 2003 - Page No. 29 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 24. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Tract Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility holding any recorded easement within Tract No. 5226. Written evidence of compliance shall be submitted to the City Engineer. GRADING 25. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 26. Requests for grading permits shall be granted in accordance with the approved IPD No. 2000 -01, as required by these conditions and local ordinances. The entire site shall be rough graded in one phase. 27. The Conceptual Grading Plan for IPD No. 2000 -01 indicates a balance on site. If during construction more than 1000 cubic yards is either imported or exported, the developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the submittal of a haul route permit to the City Engineer, including all information required by the City Engineer. Approval of the haul route shall meet the requirements of the City Engineer. 28. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc On,I' 033 Resolution No. 2003 - Page No. 30 approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 29. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District (APCD) air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 30. Grading may occur during the rainy season from October lst to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. with the exception of work to effectuate Best Management S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 034 Resolution No. 2003 - Page No. 31 Practices (BMP) for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 31. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 32. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0033 Resolution No. 2003 - Page No. 32 a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two (2) times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 33. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 34. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc � 3 Resolution No. 2003 - Page No. 33 levels. The City, at its discretion, may also limit construction during Stage II alerts. 35. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 36. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. S: \Community Development \DEV PICTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc n �� Resolution No. 2003 - Page No. 34 f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 37. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 38. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc 0 „ ?06438 Resolution No. 2003 - Page No. 35 39. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre- approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 (350') feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding residential neighborhoods. f. Property owners and residents located within 600 (600') feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City S: \Community Development \DEV PMTS \Z P D \2000 \01 Cypress \Resolutions \ccreso.doc$'�� Resolution No. 2003 - Page No. 36 Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 40. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of .Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 41. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 43. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 44. The maximum gradient for any slope shall not exceed a 2:1 slope. 45. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 46. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (4') feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Oyi 0040 Resolution No. 2003 - Page No. 37 47. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 48. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and 100 lineal feet of trench excavation. 49. Observe a 15 -mile per hour speed limit for the construction area. 50. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of six (6') feet in height. 51. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. GEOTECHNICAL /GEOLOGY CONDITIONS 52. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 53. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 38 plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). IMPROVEMENTS 54. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and those required by these conditions. A California Registered Civil Engineer shall prepare the street improvement plans and the Developer shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. All streets shall conform to City of Moorpark requirements or the County of Ventura Standards as deemed applicable and including all applicable Americans with Disability Act (ADA) requirements. 55. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 56. All Streets shall be designed to the satisfaction of the City Engineer and include the following: a. The structural section for public streets shall be designed for a 50 -year life and private streets for 20 years. b. The top asphalt course of all newly constructed public and private streets shall consist of no less than l;i� inch of asphalt rubber hot mix, which shall not be included when computing the required structural section. C. The Developer's geotechnical engineer shall review the need for subsurface drainage systems to prevent saturation of the pavement structural section or underlying foundation materials and shall consider conditions throughout the design life of all pavement structural sections. The provisions of the Caltrans "Design Manual" relating to subsurface drainage shall be implemented in the design of all streets. Subsurface drainage systems shall be marked with S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0,- .;•,042 Resolution No. 2003 - Page No. 39 detectable underground utility marking tape buried six (6 ") inches above the pipe. The ends of the marking tape shall be accessible at each surface feature of the subsurface drainage system. 57. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 58. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. 59. The Developer shall submit final wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 60. Monuments shall meet the City of Moorpark and County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections, lot lines and tract boundaries shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicular and pedestrian traffic along all streets. Line of site easements shall be shown on the Final Map and restrict construction or planting within those areas as needed. 62. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 63. As a condition of the issuance of a building permit for any (commercial /industrial) use, the developer shall be required to pay City the Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. 64. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc �;W` . 43 Resolution No. 2003 - Page No. 40 Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative to the use of mechanical treatment facilities, Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. S: \Community Development \DEV PMTS \i P D \2000 \01 Cypress \Resolutions \ccreso.doc 3i0044' Resolution No. 2003 - Page No. 41 e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (BMP) systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right - of -way shall be privately maintained, unless determined otherwise by the City Engineer. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 65. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 66. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 67. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be S: \Commun_ty Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc 0G 45 Resolution No. 2003 - Page No. 42 installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 68. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 69. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 70. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 71. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 72. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 73. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight (81) feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 74. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 75. A final grading certification shall be submitted to and approved by the City Engineer. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc O WO46 Resolution No. 2003 - Page No. 43 76. All permanent NPDES Best Management Practices facilities shall be operational. 77. Prior to acceptance of public improvements and bond exoneration conditions reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The Developer shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 79. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 80. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 81. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 82. Prior to Zoning Clearance and /or occupancy, the City Engineer shall indicate to the Community Development Director that all Engineering conditions have been satisfied. 83. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resclutions \ccreso.doc .h,..,, Resolution No. 2003 - Page No. 44 these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October lst (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 84. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc �L✓Ldw Resolution No. 2003 - Page No. 45 with the requirements for public streets and public facilities. 85. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 86. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by these conditions. 87. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TTM No. 5226 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by these conditions. Developer shall complete all work performed under these conditions in accordance with the Plans. 88. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TTM No. 5226, said accepted construction practices, and approved conditions of TTM No. 5226. S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc "(V 049 Resolution No. 2003 - Page No. 46 89. Prior to commencement of any phase of work, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with these conditions. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 90. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under these conditions shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by these conditions shall be the responsibility of Developer. 91. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 92. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with these conditions, City shall accept the Improvements as complete. 93. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \Ccreso.doc , WO &O Resolution No. 2003 - Page No. 47 incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 94. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 95. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 96. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 97. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 98. Prior to commencement of any work under these conditions, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving TTM No. 5226 stating that the Developer has made all arrangements required and necessary to provide the public utility service to TTM No. 5226. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc �)Vj Resolution No. 2003 - Page No. 48 natural gas, water, sewer, electricity, telephone and cable television. 99. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 100. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these Conditions of Approval for this tract map regarding grading and construction of improvements prior to recording a Final Map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified. b. Developer fails to complete said work within the required time. C. Developer is adjudged a bankrupt. d. Developer makes a general assignment for the benefit of Developer's creditors. e. A receiver is appointed in the event of Developer's insolvency. f. Developer or any of Developer's officers, agents, servants or employees violates any of the provisions of these conditions. 101. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of these conditions; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other S: \Community Development \DEV P14TS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc e O52 Resolution No. 2003 - Page No. 49 property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 102. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this tract 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. 103. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) REQUIREMENTS 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 105. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 106. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 107. Improvement plans shall note that the contractor shall comply with the Technical Guidance Manual for Stormwater Quality Control Measures" and best engineering practices. 108. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress\ Resolutions \ccreso.doc W)u )0+i 53 Resolution No. 2003 - Page No. 50 Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 109. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 110. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for secured program of maintenance in perpetuity. 111. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 112. The project construction plans shall state that the Developer shall comply with the ( "California Storm Water Best Management Practice Handbooks ") - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. S: \Communit y p Develo went \DEV PMTS \I P D \2000 \01 C J00054 ypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 51 c. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. UTILITIES 113. Utilities, facilities and services for IPD Nos. 2000 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 114. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 115. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with: S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc Resolution No. 2003 - Page No. 52 i. A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 116. Prior to recordation of any Final Maps, including Final Map waivers, the Permittee shall submit two (2) copies of the map to the Fire Prevention District for approval. 117. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT 1 regarding the following condition 118. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. - END - S: \Community Development \DEV PMTS \I P D \2000 \01 Cypress \Resolutions \ccreso.doc MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc o Prepared by Paul Porter, Principal Planne DATE: January 13, 2003 (PC Meeting of 1/27/03) SUBJECT: Consider Industrial Planned Development (IPD) Nos. 2000- 01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0 -260 -045) BACKGROUND On January 27, 2000, the City received applications from Cypress Land Company for Industrial Planned Development (IPD) Permit Nos. 2000 -01 through 08 and Tentative Tract Map (TTM) No. 5226, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue. On August 21, 2002, the applicant revised the IPD application adding IPD No's 2000 -09 and 10. The applicant's proposal now includes a request for a 464,963 square foot corporate industrial center containing ten (10) buildings and subdivision of approximately 33.04 gross acres into nine (9) lots. Over the past two (2) years, several meetings were held with the applicant on a variety of incompleteness items, including architecture, circulation, site plan design, traffic and landscaping. The final requirements have been addressed and the applications were determined complete for processing on September 20, 2002. DISCUSSION Project Setting Existing Site Conditions: The project site is approximately 33.04 acres which is currently S:\Cornmunity Development \DE6 CC ATTACHMENT 2 s� Honorable Planning Commission January 27, 2003 Page No. 2 undeveloped but was previously rough graded as part of Tract 4973. Topographically, the property consists of relatively level ground with an elevation of approximately five hundred (500') feet above mean sea level. The site is irregularly shaped and slopes downward gently to the northwest with sparse weeds and brush covering the existing pad. Natural and graded slopes ascend off -site along the southerly and easterly perimeter of the site, having a maximum height of approximately ninety (901) feet. Land uses in close proximity to the project site are residential uses to the south and southwest, as well as, undeveloped land to the west of the site with commercial development occurring to the north. Previous Applications: Modifications to the Zoning designation of the property described in the Amended Carlsberg Specific Plan (Specific Plan 92 -1), dated September 7, 1994, were approved and the Subsequent Environmental Impact Report was certified by the City Council on September 7, 1994. On September 21, 1994, the City Council adopted regulations in the Zoning Ordinance which serve to implement development within the Amended Carlsberg Specific Plan area. The standards set forth in the Ordinance ensure that future development proceeds in a coordinated manner consistent with the goals and policies of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The standards apply to development of all residential, business park, commercial, institutional and Open Space areas. On December 20, 1995 the City Council approved Tentative Tract Map Nos. 4973 and 4974 consisting of large lots which define areas for development currently proposed for subdivision. Tract No. 4973 is for the northern portion of the Amended Carlsberg Specific Plan. There have been no previous Development permits approved on this site. GENERAL Direction General Plan PLAN /ZONING Zoning Land Use Site I -2 BP Undeveloped North C -2 SR /C Commercial South OS -2 OS Open Space East FWY -R /W OS Freeway Single Existing SFR and West Family /3u /ac Undeveloped - C -2 SR /C Commercial Land General Plan and Zoning Consistency: The General Plan designation, I -2 (Medium Industrial), is consistent with the existing BP (Business Park) land designation of Honorable Planning Commission January 27, 2003 Page No. 3 the property as described in the Amended Carlsberg Specific Plan dated September 7, 1994. The development of this industrial project as conditioned is considered consistent with this land use designation. Project Summary Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 2.84 123,805 2 3.12 — — ---------- `_— .---- - - - - -- 135,938 3 _­____._ — 3.44 — ---------- - -------- --------------- ___­____._­ -- - ---- __­ -- - ------- - 149,883 -------- 4 4.32 -------- 188,221 5 6.54 - — -------- ---- 284,847 6 - - 3.31 -------- 14 4,066 7 3.45 -4,066 - --------- ___' — ---------- 150,130 ------- 8 -------- 3.86 -- - ------- 168,346 A 2.16 94,001 Total 33.04 1,439,237 Industrial Planned Development Permit Nos. 2000-01 - 10: Lot Number Use Building Area (sq. ft.) Industrial Office 35,523 2 Industrial Office 46,354 3 Industrial Office -------------------.—__—.----------- 57,967 4 Industrial ---------- ­_­_­_­­ — - — - ------- Office ---------- ­­­ — --- - - - - -- 63,174 Industrial ----------- Office ----- -- 41,992 5 (B) Industrial Office 46,102 ro (A) --------- Industrial - - - - -- Office ------- 20,184 6 (B) Industrial -- — ---- - - - - -- Office 30,194 -- 7 7 Industrial ----- Office -- - - - - -- 60,249 8 Industrial _-- ..--- - - - --- - Office ------ - - - - -- 63,224 Total 1 464,963 7777i Proposed Project Architecture: The Industrial Planned Development Permit process for IPD Nos. 2000-01 through -10 will establish the design and control for this proposed industrial center. The proposed buildings will be constructed of painted tilt-up concrete panels and will contain architectural features such as recessed concrete panels, reveals, painted metal canopies, reflective glazing (windows), recessed k) iz� 005 Honorable Planning Commission January 27, 2003 Page No. 4 panels and various color combinations which serve to provide individual identity to each of the proposed buildings. The proposed colors are consistent with allowable colors contained in the Amended Carlsberg Specific Plan, which is predominately one color with accent colors consisting of white, off - white, earthtones and greys. A colored rendering of each building elevation is included in the Commission's packet. The functional roof height for all buildings, not considering architectural elements or parapet walls is consistent with the thirty -five (35') foot height limit requirements of the Carlsberg Specific Plan. The architectural elements and parapet walls that exceed the thirty -five (35') foot functional height limit are discussed in the analysis section below. Building Design: The Amended Carlsberg Specific Plan Community Design Plan for the Business Park area states that the design of industrial buildings should be straightforward, contemporary architecture and provide a heightened level of urban design in order to ensure a consistent and compatible business park image. In order to achieve this result, standards are provided for building form and massing, which includes buildings that do not have the appearance of excessive massing or shading for building facades abutting the freeway. The proposed smaller buildings with multiple lease spaces on Lot Nos. 5 and 6 achieve this goal, providing smaller multi - tenant buildings with bay doors opening toward the interior of the buildings. Locating the truck loading zones and trash enclosures to the rear yard area, where they are generally out of public view is also consistent with the overall design goal. Consistent with the guidelines, the project utilizes flat roofs with parapets of varying heights, as well as, a variety of reveals and accent color combinations to provide both screening of roof - mounted equipment and provide additional visual relief to the massing of the buildings. Setbacks: Section 8119 -65 of Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations" specifies the Site Development Standards including setbacks for industrial projects. Minimum required setbacks are twenty (20 %) percent of lot width or depth with a minimum of thirty (30') feet for the front; fifteen (15 %) percent of lot width or depth with a minimum of thirty (30') feet for the side; ten (100) percent of lot width or depth with a minimum of thirty (30') feet 0q)q)()G0 Honorable Planning Commission January 27, 2003 Page No. 5 for the exterior side setback; and fifteen (15%) percent of lot width or depth with a minimum of ten (10') feet for the rear setback. Each of the proposed buildings exceeds the minimum required front, rear and side yard setback as specified in Ordinance No. 195. In considering setbacks for the building on Lot No. 8, an irregularly shaped lot fronted on two sides by Patriot Drive, the westerly side of the proposed building's frontage is considered to be the front yard area of the lot because the westerly portion of the parcel constitutes the narrower street frontage, based on Municipal Zoning definition of "front lot line" for corner lots. In addition, the primary entrances to this building will be provided on the westerly side of the building. Circulation: Regional access is provided by the State Route 118 on and off -ramps located approximately one -half mile northeast of the project site and State Route 23 that forms the eastern boundary of the proposed site. Local access to the industrial park will be provided by an extension of the new private street, Patriot Drive, located easterly of Miller Parkway. An emergency access route is located at the rear of the buildings between Lot Nos. 7 and 8 and connects to the commercial property located to the north. The intersection of Miller Parkway and Patriot Drive will provide signalized access into and out of the project site. All parking will be at grade, with separate dock -high loading facilities being provided for each building. Reciprocal access easements will be required and common driveways are planned with full internal circulation between buildings. Traffic: A traffic analysis was prepared as part of the EIR for the Amended Carlsberg Specific Plan. The traffic analysis included use of the Moorpark Traffic Analysis Model (MTAM), which was used to determine overall transportation related impacts associated with the build - out of the Carlsberg Specific Plan. In addition, an alternative analysis was included in the Carlsberg Specific Plan, which replaced the business park with community commercial development. Mitigation measures were identified which would reduce the impacts of the Carlsberg Specific Plan to less than significant levels. Crain and Associates prepared a subsequent January 2001, Traffic Analysis for this specific industrial project. The traffic study assumptions for the industrial park trip generation and trip distribution are consistent with the traffic study assumptions used in the preparation and adoption of the Carlsberg Specific Plan. OV0061 Honorable Planning Commission January 27, 2003 Page No. 6 Using the MTAM 2010 trip generation rates, the study estimated that the proposed industrial park development would generate 3,173 new daily trips with an additional 371 morning peak hour trips and 307 afternoon peak hour trips. The subsequent study concludes that this project will not generate any new project- related traffic impacts that have not previously been identified and mitigated. Parking: Lot Proposed Use Spaces Required Spaces Provided 1 Industrial Office 85 107 2 Industrial Office 108 137 3 Industrial Office 134 173 4 Industrial Office 149 236 5 Industrial Office 200 233 6 Industrial Office 115 133 7 Industrial Office 138 181 8 Industrial Office 146 179 Total 1,075 1,379 As depicted on the above table, exceeds Ordinance requirements. permit, Building and Safety will for compliance with Americans the available parking provided Prior to receipt of a building review the construction drawings with Disabilities Act (ADA) requirements for parking and access. Loading Areas: Section No. 17.32 of the Zoning Code requires industrial buildings over 3,000 square feet to have at least one (1) loading zone, unless, waived by the Community Development Director. Consistent with Zoning Code requirements, multiple full size loading areas are provided for all the single tenant buildings and loading areas for small vehicles are provided at the rear of the four (4) multi - tenant buildings located on Lot Nos. 5 and 6 (two (2) multi -unit buildings on each parcel). Landscaping: This project proposes on -site landscaping along Patriot Drive varying in width from approximately eighteen (181) feet to approximately fifty (50') feet. Honorable Planning Commission January 27, 2003 Page No. 7 The Amended Carlsberg Specific Plan requires that a minimum of ten (10 %) percent of the site be landscaped. This project meets or exceeds the required landscaping on a per lot basis by at least six (6 %) percent and up to over thirty -four (34 %) percent. The landscape plan does not provide for sufficient screening of the parked cars. This item is addressed further in the Analysis section. The applicant proposes specimen trees consisting of California Sycamore, Valley Oak, Silk and Crapemyrtle. Proposed Riparian trees include White Amber, California Sycamore and Mayten. Landscaped parking lot trees will consist of Golden, Silk, Coast Live Oak, Raywood Ash and Fern Pine. Background trees will consist of Coast Redwood, Incense Cedar, Canary Island Pine and Carolina Laurel Cherry. In addition to trees, a wide variety of background and accent shrubs are proposed and will be combined with vines and a variety of groundcover plants. Site Improvements and National Pollutant Discharge Elimination System (NPDES) Standard Requirements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 15.39 tons of NOX, per year which is in excess of allowable 9,125 pounds per year threshold, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial projects, staff incorporates a standard condition requiring a contribution of $571,692 to the Moorpark Traffic Systems Management (TSM) Fund to offset air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. If a building permit for the first building has not begun by December 31, 2003, the TSM fee will be increased annually consistent with any increase in the Consumer Price Index (CPI). ANALYSIS Issues Staff analysis of the proposed project has identified the following Honorable Planning Commission January 27, 2003 Page No. 8 areas for Planning Commission consideration in their recommendation to the City Council: • Building Height • Landscape Screening of Parking Lots • Project Traffic and Circulation Improvements Building Height: Pursuant to the Amended Carlsberg Specific Plan, the allowable maximum height of buildings in the BP Zone is thirty - five (35') feet measured from the grade of the slab, unless the site is to be used by one (1) single user in which case the height limit shall not exceed fifty (50') feet. The proposed architectural plans for buildings on Lot Nos. 2, 3, 7 and 8 indicate a maximum overall height of thirty (30') feet for the functional roof, not counting architectural features or parapet wall. However, parapets, which serve to screen roof mounted equipment and which also serve as architectural elements to give buildings individual identities exceed the maximum thirty -five (35') feet height limit. The tallest of these parapets, which is on the west elevation of the building on Lot No. 8, has a maximum height of forty feet six inches (40' -6 "). This height is consistent with tower elements utilized as architectural treatments for the Zelman commercial project contiguous to the north, which has a maximum architectural element height of forty -six (46') feet (with the exception of the freeway oriented sign). Since the functional roofs for all buildings without the architectural elements is consistent with the thirty -five (35') foot height limit, this project is considered consistent with the height requirements in the Carlsberg Specific Plan. Landscape Screening of Parking Lots: The landscape plans for the project do not detail any screening of the parked cars. It is staff's opinion that the landscape plan should be revised to include a two to three -foot (2 -3') earthen berm adjacent to the parking area with landscaping installed on top of the berm. This arrangement would provide adequate screening of the parked cars. A special condition of approval has been added. Project Traffic and Circulation Improvements: Recommended street improvements include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing. Miller Parkway at its intersection with the northwesterly access roadway will be signalized and all curb - return radii and raised medians are designed to accommodate turning requirements for a California semi trailer truck. Patriot Drive at the intersection 0000614 Honorable Planning Commission January 27, 2003 Page No. 9 with Miller Parkway will be constructed with a minimum right -of -way of eighty -two (82') feet in width and consist of two (2) 12 -feet wide entry lanes, a raised median with a minimum width of four (41) feet, a 10 -feet wide left turn lane, a 12 -feet wide through lane exiting the site and a 12 -feet wide right turn only lane. Patriot Drive (beyond the transition to a normal section) will be constructed with a minimum sixty -four (641) feet wide right -of -way consisting of two (2) 12 -feet wide travel lanes, two (2) 10 -feet wide parking /bike lanes and two (2) 10 -feet wide parkways that shall include minimum five (5') feet wide sidewalks adjacent to the curb. The developer will also construct all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Findings Industrial Planned Development Findings: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, which is a part of the Moorpark General Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project also is a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and �LWfis Honorable Planning Commission January 27, 2003 Page No. 10 development requirements for industrial developments in applicable City Codes. Subdivision Map Act Findings: A. The proposed map is consistent with the City's General Plan and Amended Carlsberg Specific Plan in that the Tentative Map has been designed to comply with the requirements of both the Amended Carlsberg Specific Plan and the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the Tentative Map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat and has sufficient depth to allow for reasonable development of industrial - office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development in that the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision has been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision in that the proposed subdivision has been reviewed by the City to insure that there are no conflicts. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and cleanse runoff consistent with the requirements of Water Code Section 13000. Honorable Planning Commission January 27, 2003 Page No. 11 I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on the property. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan EIR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). STAFF RECOM4ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development Honorable Planning Commission January 27, 2003 Page No. 12 Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. ATTACHMENTS: 1. Location Map 2. Project Exhibits • Cover Sheet • Overall Site Plan • Lot Nos. 1,2,3 and 8 Site Plan • Lot Nos. 4 and 5 Site Plan • Lot Nos. 6 and 7 Site Plan • Site Development Details • Conceptual Site Lighting Plan Lighting Plan • Conceptual Lighting Photometric Plan • Lot No. 1 Exterior Elevations • Lot No. 2 Exterior Elevations • Lot No. 3 Exterior Elevations • Lot No. 4 Exterior Elevations • Lot No. 5 (A) Exterior Elevations • Lot No. 5 (B) Exterior Elevations • Lot No. 6 (A and B) Exterior Elevations • Lot No. 7 Exterior Elevations • Lot No. 8 Exterior Elevations • Conceptual Landscape Plan • Tentative Tract Map No. 5226 • Conceptual Grading Plan 3. Draft Resolution No. PC -2003- with Conditions of Approval. Project booklet was provided to the Planning Commission under separate cover. This document is available for review at the Community Development Department. 000068 Location Map filv LUMP AT ACHMENT i09 ATE AHLILEP,, PAP], DFIVE 4iA 0 W N E R A R C H I T E C T 1-3 CYPRESS LAND COMPANY I NADEL ARCHITECTS INC. 0 10940 WILSHIRE BLVD, SUITE 1900 1990 SOUTH BUNDY DRIVE, 4TH FLOOR 0 LOS ANGELES, CALIFORNIA 90024 LOS ANGELES, CALIFORNIA 90025 (310)208-8077 (310) 826-2100 VICINTY MAP z LEGAL DESCRIPTION CONSULTANTS SHEET INDEX 1-3 !--SITE ARDIITUTQPAI e.fJ APB 05 Alm- MOM-L.-.1 w�w�tinr «m Zm_ -vt ffl- -ov 'N't ...rr �•fY_'!i'^_-- H1e'¢IwL _____,:. .N n. — ire .. n. .•u .nw•.L'_ t —_. .. _. 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ACAE IAD 1. 546" w 3 -5 Kcs kil GRAM I SLCK W I fir Mwco PAD - o! -Z LOT 331 AM6 S t; Syr Fr- 5S 7.7 PAD H7,2 LOT 2 3 12 ACKS fIr 967 0 Ilk gg C) im - LOT 3 34, A"cs A —wit- % 5 0 pm 5" s JV -IN LOT 5 .4 CU AMS L LOT 4 w 32 AMS lopl_� 'N. 8,0,4 130 PAD 5701 1. .1 A 1. CZ 114c'q NOTES EARTHKM DATA All t t PHYLL i SLIME (ERIMA111 Palo r —F-1 SECLLMLrac PNYLL Is DRIVE (PRIVATE) SECTION of of wf TENTATIVE TRACT MAP NO. 5226 . .�.., R, 1° :�•':W:' >Y� aMOORPAAK M A AKETP4ACE �u � 1 SUS ryo •a fppl- OB-y 497 N 6p /r3o 3 \ qC M Vq C-4 n I MI 'a .1KK • n gCTId1 A -A BIOS. a TO d.11w PHYLLIS �tivE (PRIVATE) a•CTION a'. r.. - gelid [-C r� q.l .,[ .R n lu•1 .R nI+I MYR >�1.•I Y1IY K�1e�� - r�K 4M�rw® R.I Y.N4 I[F KY I KRfRIi. EARTNdet DATA m�w•w nn w� wal.•i:wi n Q �Op'C O 9 W �4 `J r 3 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directry Prepared -by Paul Porter, Principal Planne r DATE: January 29, 2003 (PC Meeting of 2/04/03) SUBJECT: Consider Industrial Planned Development (IPD) Nos. 2000- 01 - 10, for a Ten (10) Building, 464,963 Square Foot Corporate Industrial Center, and Tentative Tract Map (TTM) No. 5226 for Subdivision of 33.04 acres Into Nine (9) Lots, Located West of the 23 Freeway and East of Miller Parkway, Approximately 230 Feet South of New Los Angeles Avenue on the Application of Cypress Land Company (Assessor Parcel No. 512 -0- 260 -045) BACKGROUND /DISCUSSION This matter was considered by the Planning Commission on January 27, 2003. Due to the length of a continued public hearing on another matter, there was insufficient time for this item to be fully considered by the Commission. Although staff was able to complete its presentation, and the applicant was able to provide a partial presentation, there was no time to accept any additional public comment, or to allow the Commission adequate time to question staff and the applicant, or to fully discuss and consider the proposal. The Commission therefore continued this matter, public hearing open, to the regular meeting February 4, 2003 (per the newly adopted Planning Commission Regular Hearing Schedule) . Please reference the January 27, 2003 agenda report, which was previously distributed. STAFF RECOMb0NDATIONS 1. Continue the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- recommending to the City Council conditional approval of Industrial Planned Development Permit Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226. S: \Community Development \DEV PMTS \l P D \2000 \01 through 10 Cypress \Agenda Reports \pc 030204.doc RESOLUTION NO. PC- 2003 -438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT (IPD) NOS. 2000 -01 THROUGH -10 AND TENTATIVE TRACT MAP (TTM) NO. 5226, ON A 33.04 ACRE PARCEL, LOCATED WEST OF THE 23 FREEWAY, AND EAST OF MILLER PARKWAY APPROXIMATELY 230 FEET SOUTH OF NEW LOS ANGELES AVENUE, ON THE APPLICATION OF CYPRESS LAND COMPANY. (ASSESSOR PARCEL NO. 512 -0- 260 -045) WHEREAS, at duly a noticed public hearing on January 27, 2003, the Planning Commission considered Industrial Planned Development Permit (IPD) Nos. 2000 -01 through 10 and Tentative Tract Map No. 5226 on the application of Cypress Land Company for a 464,963 square foot corporate industrial center contained within ten (10) buildings and a subdivision of approximately 33.04 gross acres into nine (9) lots, located west of the 23 Freeway and east of Miller Parkway, approximately 230 feet south of New Los Angeles Avenue (Assessor Parcel No. 512 -0- 260 -045) as follows: Industrial Planned Development Permit Nos. 2000 -01 - 10: Lot Number Use Building Area (sq. ft.) 1 Industrial Office 35,523 - - - -- - - -- -- - - - - -- 2 - - - -- — ----- --------- �.._`------ - - - - -� Industrial Office _._�_. - - - - -- . — ' ----- - - -... --------- 46,354 -- ------- - - - - -- 3 Industrial Office . - 57,967 - -.. - - - - - - -- -- - - - - -- -- - - - - -- 4 - - -.... ---- - - - - -- - - - -- --------- -__ _. Industrial Office — - - - — _- -- -- 63,174 - -- ------------- - - - - -- 5 _ ... - - - -.. - - -- - - -. -- - - - - -- ------ - - - - -- _—. -- - - - - -- . -- - - - - - -- _ Industrial Office -------- ------- ---- --------- - - - - -- . _----------- - - - -_- -- - - - - -- - - - - -- 88,094 ---- - - - - -_ - - . --- -- - - - - -- _ _ -- --- - - - - -. -- 6 Industrial Office 50,378 - - - - -- -- - -- -- -- 7 - - - - -. - - - -- .. -- ---- _..----------- - - - -_. Industrial Office —_..----------------------------------- 60,249 ----------- - --- -- 8 - - - -- -------- .-- ------- — . _ —.... - -- - Industrial Office -- �.._._� - - - - -- _.. - - - -- - -._ - -- 63,224 Total 464,963 CC ATTACHMENT 3 Resolution No. PC- 2003 -438 Page No. 2 Tentative Tract Map No. 5226: Lot No. Size (in acres) Size (in sq. ft.) 1 2.84 123,805 2 3.12 135,938 _ --------- - - - - -- - - - - -- 3 - — .._. - - -- -- - - - - -- _ . —... --- - - - - -- 3.44 --- .___.. - - - -- ---- .._— _. - - - - -- —._. - - - - - -- 149,883 -- - -- -- - - - - -- 4 ------------------ - - - - -- — — 4.32 .. ------------ ... —._.. - - - -- .� - - -- - - - - -- -- 188,221 —. - - -- - -- — -- 5 _ .. - - -- _._ —. - - - -- — ------ - - - - -- 6.54 ----------- - - - - -- - - - - - -- ------ - - - - -- 284,847 - - - - - -- --- - -..__ —. 6 - - - -.. - -- ------- -------- - - -- - - -- 3.31 ---- ._ ^ -.. - - - - - -- --- - - - - -- — -- 144,066 7 3.45 150,130 8 --- _..------- ..---- - - - - -- 3.86 -- - ^._. - - -- �._..----- - - - - -- .� 168,346 -- - - -- -- .`. — - - - - - -- .�_ .--- - - - - -- A 2.16 94,001 Total 33.04 1,439,237 WHEREAS, at its meeting of January 27, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on January 27, 2003, after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter. WHEREAS, the Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA). WHEREAS, the Planning Commission concurs with the Community Development Director's decision that the project is consistent with the findings of the Environmental Impact Report, and any amendments thereto, approved in connection with Carlsberg Specific Plan No. 92 -1 and has considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 3. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the Planning Commission has determined that this application, with the attached special and standard 0- � 092 Resolution No. PC- 2003 -438 Page No. 3 conditions of approval, meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed uses, parking, height, loading zones, setbacks, landscaping and improvements are consistent with requirements specified within the Amended Carlsberg Specific Plan, and City Code requirements. B. The proposed use is compatible with the character of the surrounding development as the design of the industrial /office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses such as the Moorpark Marketplace commercial development contiguous along the southerly property line of this proposed project. The project is also a substantial distance from any existing residential development. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community and the structure has design features which provide visual relief and separation between land uses of conflicting character because the development is consistent with criteria specified in the Amended Carlsberg Specific Plan and applicable City Codes. SECTION 4. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached special and standard conditions of approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the City's General Plan. 00(09-3 Resolution No. PC- 2003 -438 Page No. 4 B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan as the tentative map is consistent with criteria contained within the Amended Carlsberg Specific Plan and the required mitigation measures contained in the environmental document prepared for the Specific Plan and the City's General Plan. C. The site is physically suitable for the type of development proposed in that the site is relatively flat, and has sufficient depth to allow for reasonable development of industrial- office buildings with associated parking and landscaping. D. The site is physically suitable for the proposed density of development as the proposed lots are of sufficient size to meet current code requirements for development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage as the design and improvements were considered in the overall development and initial grading of the site under the Environmental Impact Report prepared for the amended Carlsberg Specific Plan. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems as the subdivision as been conditioned consistent with requirements of the Amended Specific Plan and the Environmental Impact Report. G. The design of the will not conflict large, for access the proposed subd has been reviewed conflicts. subdivision and the type of improvements with easements acquired by the public at through, or use of the property within ivision in that the proposed subdivision by the City to insure that there are no H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq because the proposed design include improvements which will detain and clense runoff consistent with the requirements of the Water Code Section 13000. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as these water sources do not exist on -the property. 00t 094 Resolution No. PC- 2003 -438 Page No. 5 SECTION 5. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the approval of Industrial Planned Development 2000 -01 through -10 subject to the special conditions of approval included in Exhibit A Standard Conditions of Approval), attached incorporated herein by reference. City Council Permit Nos. and standard (Special and hereto and B. The Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5226 subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Peskay and Pozza, Vice Chair DiCecco and Chair Landis. NOES: None ABSTAIN None ABSENT None PASSED, AND ADOPTED this 27th day of January, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director J09S Special and Standard Conditions of Approval are a part of the draft City Resolution No. 2003- and attached. Council are not 000096 ITEM 8 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: March 14, 2003 SUBJECT: TSM Fee Change on Standard Condition 34. c. for Industrial Planned Development (IPD) 2000 -01 - Cypress DISCUSSION The staff report indicates that the Planning Commission recommended conditions of approval are included as part of the City Council resolution. This is correct, but with one exception. Standard condition number 34. c. relative to the TSM fee has been changed to reflect the latest calculation. This change resulted in a reduction of the fee from $571,692 to $246,313.60. The larger fee ($571,692) was calculated on the basis of an Office land use where the proposed buildings would be primarily office use and generate greater traffic and more air quality problems. The smaller fee ($246,313.60) was calculated on the basis of an Industrial Park land use where the proposed buildings would have a smaller office component and manufacturing /warehousing for the greater portion of the buildings. The Industrial Park land use is consistent with the definition in the Carlsberg Specific Plan for "Business Park." SACommunity Development\DEV PMTSU P D\2000 \01 Cypress\Agenda Reports \TSM Fee MEMO.doc ITEM f - C of MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry R. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Mana DATE: March 4, 2003 (CC Meeting of 3/19/2003) SUBJECT: Consider General Plan Amendment Pre - Screening Application No. 2001 -03 to Convert 4.8 Acres from Rural High Residential Uses to Medium Industrial Uses at 13991 Los Angeles Avenue on Behalf of Mohammad Sheshebor and Eddie Gharabaghi. BACKGROUND On November 29, 2001, William Tanner and Madelaine Shenkel filed General Plan Amendment (GPA) Pre - Screening application No. 2001- 03. Due to staffing shortages in the Community Development Department at the time, the City Council deferred processing of this application until the November 2002, GPA Pre - Screening cycle. In December 2002, the property was sold to Mohammad Sheshebor and Eddie Gharabaghi. Messrs. Sheshebor and Gharabaghi have asked the City to continue processing the General Plan Amendment Pre - Screening application in order to use the site for RV storage and mini - storage. The Affordable Housing /Community Development Committee (Mayor Hunter and Councilmember Mikos) considered this application in January 2003 (staff report attached). DISCUSSION The Affordable Housing /Community Development Committee discussed a potential expansion of the area covered by the proposed General Plan Amendment that would include a study of most of the properties along "Old" Los Angeles Avenue, east of Spring Road, including the Virginia Colony and former Tabor Ranch. Comprehensive planning for this area could be addressed through a Specific Plan that identifies future permitted land uses, 000G97 Honorable City Council Honorable City Council March 19, 2003 Page 2 development standards and infrastructure to achieve the goals of the City's General Plan. The Committee suggested that the study area also include property within the Arroyo Simi to explore trail connections. A Specific Plan for this area could address many of the issues that would be the subject of the upcoming updates to the Land Use, Circulation, and Open Space, Conservation and Recreation Elements of the City's General Plan, including compatibility of uses along this corridor, a cohesive streetscape identity and recreational trails. Staff estimates the cost of preparing a Specific Plan to be around $30,000. State law allows for the City to recover costs associated with the preparation of Specific Plans from development permit applicants. If the City Council calls for the preparation of a Specific Plan, staff would work with other property owners currently considering development entitlements in the study area to help fund its preparation. STAFF RECOMMENDATIONS 1. Approve the General Plan Amendment Pre - Screening application subject to the preparation of a draft Specific Plan for the study area shown in Attachment No. 2. 2. Direct staff to work with the applicant and other property owners in the study area seeking entitlements to fund the cost of the preparation of a draft Specific Plan. Attachments: 1. Staff report to the AH /CD Committee for the January 15, 2003 meeting. 2. Potential Specific Plan Boundary Map. joc�098 AFFORDABLE HOUSING COMMUNITY DEVELOPMENT COMMITTEE AGENDA REPORT TO: Affordable Housing /Community Development Committee FROM: Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Mana e DATE: January 6, 2003 (AH /CDC Meeting of 1/15/03) SUBJECT: Consider General Plan Amendment Pre - Screening Application No. 2001 -03 to Convert 4.8 Acres from Rural High Residential Uses to Medium Industrial Uses at 13991 Los Angeles Avenue on Behalf of Mohammad Sheshebor and Eddie Gharabaghi. This report addresses the merits of processing a General Plan Amendment application on approximately 4.8 acres of land at 13991 Los Angeles Avenue. The prior owners, William Tanner and Madelaine Shenkel, have proposed a change in planned use from rural high residential to medium industrial to allow for the construction of either a recreational vehicle (RV) storage facility or a truck storage facility. The current owners, Mohammad Sheshebor and Eddie Gharabaghi, have asked the City to continue processing the General Plan Amendment Pre - Screening application for an RV storage /mini- storage facility. The action of the Affordable Housing /Community Development Committee is to make a recommendation to the City Council on whether or not a General Plan Amendment application on this project should be accepted for processing based on criteria established by Resolution No. 99 -1578. BACKGROUND On November 29, 2001, William Tanner and Madelaine Shenkel filed General Plan Amendment (GPA) Pre - Screening application No. 2001- 03. Due to staffing shortages in the Community Development Department at the time, the City Council deferred processing of this application until the November 2002, GPA Pre - Screening CC ATTACHMENT 1 000099 Affordable January 15, Page 2 Housing /Community Development Committee 2003 cycle. Pre - Screening applications received by November 30th of each year are sent to the Affordable Housing /Community Development Committee the following January for a recommendation to the City Council. In December 2002, the property was sold to Mohammad Sheshebor and Eddie Gharabaghi. Messrs. Sheshebor and Gharabaghi have asked the City to continue processing the General Plan Amendment Pre - Screening application in order to use the site for RV storage and mini - storage. DISCUSSION Project Setting Existing Site Conditions: This 4.8 acre project site has approximately 205 feet of frontage on East Los Angeles Avenue and is approximately 727 feet deep. The site is steeply sloped with an elevation gain of approximately 160 feet rising northward from Los Angeles Avenue. Three (3) large relatively level pads have been graded on the site. Four (4) vacant outbuildings and six (6) mature eucalyptus and California pepper trees are located on the site. The project site is also adjacent to land set aside in Specific Plan No. 2 for California Gnatcatcher habitat. Previous Applications: In 1997, the City Council authorized the processing of a General Plan Amendment and Zone Change to change the planned use for this site from rural high residential to medium industrial uses. This action was later rescinded due to continuing Municipal Code violations on the site. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Rural High Rural Exclusive Vacant Residential North Freeway Open Space Freeway Reserve Medium Limited South I_ndustr_ia_l - _ Industrial Embassy Iron Works — J East Freeway Rural Exclusive Freeway Rural High Rural Exclusive, Single- Family Residential, West Specific Natural Open House, Habitat Plan Space Preserve S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \03 Sheshebor Gharabaghi \030115 Report to AHCDC.doc 0 001' 1 G_ 0 Affordable Housing /Community Development Committee January 15, 2003 Page 3 Evaluation Criteria Criteria most pertinent for approval or denial of this General Plan Amendment Pre - Screening are: • Conformity with Goals, Policies, and Implementation Strategies of the General Plan • Potential for Compatibility with Existing and Planned Uses in the Area • Conformity with Other City Council Policies • Potential to Provide Public Benefit • Impact on Prime Habitat for Endangered, Threatened, or Protected Species General Plan Goals and Policies Goals and policies from the General Plan most pertinent to this project include: Land Use Element • Attain a balanced city growth pattern which includes a full mix of land uses. • Encourage a diversity of industrial uses located and designed in a compatible manner with surrounding land uses. New industrial development should be located adjacent to existing industrial uses and along major transportation corridors. Industrial uses shall incorporate design features to minimize adverse impacts on adjacent uses and enhance the visual characteristics of the area. • Establish land uses and development intensities which are compatible with scenic and natural resources and which encourage environmental preservation. New development shall be located and designed to minimize adverse visual and /or environmental impacts to the community and shall respect, integrate with, and complement the natural features of the land. • Ecologically sensitive habitats shall be protected and preserved. S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \03 Sheshebor Gharabaghi \030115 Report to AHCDC.doc 1W. Affordable Housing /Community Development Committee January 15, 2003 Page 4 • Enhance the physical and visual image of the community. New development shall be compatible with the scale and visual character of the surrounding neighborhood. • Provide for and promote the revitalization of visually degraded landscaping, building facades and deteriorated buildings in the community. Housing Element • Provide residential sites through land use, zoning and Specific Plan designations to provide a range of housing opportunities. Identify adequate housing sites to facilitate the 1998 -2005 Regional Housing Needs Assessment goals. Noise Element • Protect the public from adverse noise impacts. Incorporate noise considerations into planning decisions to prevent or minimize future land -use incompatibilities. Limit the impact of nuisance noise sources upon residential areas. Circulation Element • Adequate off - street parking shall be provided from new construction. Open Space, Conservation, and Recreation Element • Conserve, preserve, enhance and maintain the quality of biological and physical environments. ANALYSIS Issues Staff analysis of the proposed General Plan Amendment has identified the following two (2) main issue areas for Affordable Housing /Community Development Committee consideration and discussion: • Land Use /General Plan Compatibility • Ongoing Planning Efforts S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \03 Sheshebor Gharabaghi \030115 Report to AHCDC.doc f' 'a JU�I Affordable Housing /Community Development Committee January 15, 2003 Page 5 Land Use /General Plan Compatibility The project site is in an area dominated by industrial development to the south and freeway to the east. One (1) residence is located to the west and the Specific Plan No. 2 California gnatcatcher habitat preserve is located to the north. Given the freeway noise on the project site, along with its relative isolation from any identifiable residential neighborhood, residential development may no longer be its most appropriate use. The terrain and natural habitat on the project site further limit the types of uses that would achieve the goals and policies of the General Plan. The proposed RV /mini- storage facility could take advantage of the more level areas on the site for parking and buildings, and most of the site's natural slopes could be preserved. Properly managed RV /mini- storage facilities are low- intensity uses of land, involving little traffic and few potential nuisances. An RV /mini- storage facility could be a good transitional use between the Los Angeles Avenue industrial area and the residential area to the west. However, the change in General Plan and Zoning would permit a number of industrial uses that may not be appropriate for the site. It could also create % %spot" zoning, giving a substantial benefit in allowing industrial uses not enjoyed by other property owners west of the freeway bridges and north of Los Angeles Avenue. Ongoing Planning Efforts Community Development staff is currently working with the Public Works staff and the City Engineer studying alternative roadways for State Highway 23. One possible route involves the extension of the highway north from Los Angeles Avenue via Crawford Canyon. This alignment could have some impact on the project site but it would not preclude the proposed use. In addition, National Ready -Mix is seeking an extension to their Conditional Use Permit and Kavlico has indicated interest in expansion of development on its property. All these potential projects, along with the future use of the Tabor Ranch and city -owned property adjacent to the Arroyo Simi have cumulative traffic, noise, and land use implications on the Los Angeles Avenue corridor, including the Virginia Colony. A Specific Plan for this area could comprehensively address the issues associated with development of these properties. State law (Section 65456 of the Government Code) allows for Cities to recoup costs S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \03 sheshebor Gharabaghi \030115 Report,. _ i�jf ,j�g a to AHCDC.doc cY(✓..i. Affordable Housing /Community Development Committee January 15, 2003 Page 6 associated with the preparation of Specific Plan from persons seeking governmental approvals which are required to be consistent with the Specific plan. It is believed that much of the cost associated with the preparation of a Specific Plan could be either be recovered from future development projects or collected up front from property owners intending to seek entitlements in the area. STAFF RECOb2dFNDATION It is recommended that the Affordable Housing /Community Development Committee recommend that the City Council initiate a General Plan Amendment to study a potential Specific Plan for the area shown in Attachment No. 5 to comprehensively address future land uses, development standards and infrastructure to achieve the goals of the City's General Plan. This Specific Plan would address the potential use of the project site for RV /mini - storage in the context of surrounding uses and other planning efforts. Attachments: 1. Application 2. Location Map 3. Aerial Photo 4. Development Plans 5. Potential Specific Plan Boundary S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \03 Sheshebor Gharabaghi \030115 Report,-, ���}..� to AHCDC.doc �C'.� 04 2003 e CITY OF MOORPARK GENERAL PLAN AMENDMENT PRE - APPLICATION REVIEW APPLICATION FEE. Deposit per Current Fee Schedule APP ICANT Telephone: _f 1 j Q?j ! J DATE SUBMITTED: b G 10-711'4 ^4' •-), PROPERTY OWNER CSC ��T�i= �03� �- :•5�,3��'1VS,� -s Telephone:( j) -l9� LEGAL DESCRIPTION: (Attach copy of grant deed(s) and comprehensive title report) LOCATION DESCRIPTION: (In simple words, tell property is within the City) ASSESSOR PARCEL NUMBER(S): —3 C _ r I C --c� - C REQUESTED AMENDMENT DESCRIPTION: (Describe exactly what amendment(s) you are requesting to be made. Example: Change land use designation from Low Density Residential to Density Residential on a 6.8 acre parcel in order to, create affordable h ing units.) . / i �'• �T .�4!'r � 1= Z El/ _firs (Attach extra sheets as necessary) PROP TY OWNER SIGNATURE: Dat 7 % cddgpapreapapp.10.31.01 PPLICANT SIGNATURE: Dated:e^ 7 3 Page 1 of 2 ATTACM4ENT 1 v`)Qio s i o I /ITC41, . onil�lfii Il1111 ��I oil ��. ♦ •s , _ —I ��,� r IL ,IBM_ A111111MMI�III�e ' i® �■■1■■■■1■1■■■1 % �t ■■a■ ■■■ ■■■■ii■ : gyp... , . ■1■■■1■■e■ ■1 ■■ ■1111 ■1111111■: !! ■■ice ■■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■ is 111111011 111 ■111111 ■11■■ 11111111111111111 � 11111111111111111 � • 1111111111111111 � . i" I1. 11111111 /11�11111� / � �� !i1111111 /1111 �\ ' ®��. ����■IXA General Plan Amendment Pre - Screening Application 2001 -03 Aerial Photograph of Project Site and Vicinity F— NORTH I"= Approx. 375' ATTACHMENT 3 J00 -:16 7 S Ej A. IT S;IE,9 26 j Gill 11 7 .rah -M7, MIA :Z 6e !� /,� /,+ Ul of Fro x 44 ll.f X 4h if;V; J­T. 4.3 1 -w I E-f vk.k " / / %/ /�,� i��i�iJi %���i�1:�1�� �.t�t jl� ��il�i;j;i� �1 :,.vX `.�'. 1111! A 'MAA .I., Wj! Ir Slow -ZC SON co- A it 7 .68 General Plan Amendment Pre - Screening Application 2001 -03 Potential Specific Plan Boundary ZOO, ATTACHMENT 5 D NORTH 1 "= Approx. 700' d City of Moorpark Planning Division Potential Specific Plan Boundaries CC Attachment 2 (k MOORPARK CITY COUNCIL AGENDA REPORT ITEM TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Mana }� DATE: March 3, 2003 (CC Meeting of 3/19/2003) SUBJECT: Consider General Plan Amendment Pre- Screening Application No. 2001 -02 to Convert 4.0 Acres from General Commercial Uses to Very High Density Residential Uses at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. BACKGROUND On November 30, 2001, Grand Moorpark, LLC filed General Plan Amendment (GPA) Pre - Screening Application No. 2001 -02, proposing to amend the General Plan Land Use Map for the 4.0 -acre vacant site on the north side of Los Angeles Avenue, just west of the Mission Bell Plaza from commercial uses to very high density residential uses. This would allow apartment or condominium construction on the site. Due to staffing shortages in the Community Development Department at the time, the City Council deferred processing of this application until the November 2002, GPA Pre - Screening cycle. As part of this cycle, the proposal was considered by the Affordable Housing /Community Development Committee (Mayor Hunter and Councilmember Mikos) on January 15, 2003 for a recommendation to the City Council (staff report attached). DISCUSSION The Affordable Housing /Community Development Committee identified two issues of concern with the application. The first related to the limited amount of vacant land in the city available for commercial uses. This application, combined with a previously considered GPA Pre - Screening application for LT Development (now Shea Homes), could convert to residential uses 400111 Honorable City Council March 19, 2003 Page 2 a total of 25 acres of land currently planned and zoned for commercial uses. The Committee recommended that the City Council ask for a study to determine the cumulative effect of these two proposals on maintaining sufficient commercial land in the city to meet future needs before further consideration be given to this application. The Committee would then review the study before making a recommendation on this General Plan Amendment Pre - Screening application to the City Council. Such a commercial demand study could be prepared by an economic /planning consultant working for the City at the expense of the two applicants desiring a reclassification of commercial land. Both applicants have already indicated a willingness to participate. The cost of such a study is expected to be between $15,000 and $20,000. It should also be noted that such a study has already been recommended by staff to be considered as an addition to the City's Objectives for Fiscal Year 2003 -2004. The second issue of concern related to the density of the development. In its report to the Committee, staff recommended the possibility of exploring densities higher than the very high density classification of 15 units per acre on this site, and perhaps other limited parts of the city. The Committee expressed concern over the impact of higher densities on the suburban identity as expressed in the General Plan. This is an issue that can be further addressed by the Committee and City Council once an economic study is completed. STAFF RECOMMENDATION Direct staff to obtain funds from Grand Moorpark, LLC and Shea Homes for the preparation of a commercial demand study, and upon completion of the study, refer the case back to the Affordable Housing /Community Development Committee for recommendation to the City Council. Attachment: 1. Staff report to AH /CD Committee for January 15, 2003 meeting. OW-112 AFFORDABLE HOUSING COMMUNITY DEVELOPMENT COMMITTEE AGENDA REPORT TO: Affordable Housing /Community Development Committee FROM: Barry K. Hogan, Community Development Direct o Prepared By: David A. Bobardt� DATE: January 6, 2003 (AH /CDC Meeting of 1/15/03) SUBJECT: Consider General Plan Amendment Pre - Screening Application No. 2001 -02 to Convert 4.0 Acres from General Commercial Uses to Very High Density Residential Uses at 601 -699 West Los Angeles Avenue on the Application of Grand Moorpark, LLC. SUMMARY This report addresses the merits of processing a General Plan Amendment application on approximately 4.0 acres of land at 601- 699 West Los Angeles Avenue. The applicant, Grand Moorpark, LLC, has proposed a change in planned use from general commercial to very high density residential to allow for the construction of sixty -six (66) townhouses. The action of the Affordable Housing/ Community Development Committee is to make a recommendation to the City Council on whether or not a General Plan Amendment application on this project should be accepted for processing based on criteria established by Resolution No. 99 -1578. BACKGROUND On November 30, 2001, Grand Moorpark, LLC filed General Plan Amendment (GPA) Pre - Screening Application No. 2001 -02. Due to staffing shortages in the Community Development Department at the time, the City Council deferred processing of this application until the November 2002, GPA Pre- Screening cycle. Pre - Screening applications received by November 30th of each year are sent to the Affordable Housing /Community Development CC ATTACHMENT 1��� Affordable Housing /Community Development Committee January 15, 2003 Page 2 Committee the following January for a recommendation to the City Council. DISCUSSION Project Setting Existina Site Conditions: This 4.0 -acre project site has approximately 471 feet of frontage on Los Angeles Avenue and is approximately 371 feet deep. The site is relatively level and is currently vacant. No protected trees exist on the site. Previous Applications: Although the site was once designated for medium density residential uses in the General Plan (up to 4 units per acre), a General Plan Amendment for general commercial uses was approved in 1997, along with entitlement for an office project, which has since expired. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site General Commercial Vacant Commercial Office Medium Single- Family North Density Residential Single - Family _ Residential 8u /acre Houses - - - - -- -- -- . _..---- - - - - -- --- - - -..- -- - -_.. Residential - -- ----- .. -._. -- - - -- - - - - -- High Density Planned Residential Development Vacant, Pacific South 7u /acre and Communities and General Commercial project entitled Commercial Planned Development Commercial Mission Bell General East Planned Plaza Shopping Commercial Development Center Medium Single - Family _ _ Single- Family West Density Residential Residential 8u /acre Houses S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \02 Grand Moorpark \030115 Report to AHCDC.doc Affordable Housing /Community Development Committee January 15, 2003 Page 3 Evaluation Criteria Criteria most pertinent for approval or denial of this General Plan Amendment Pre - Screening are: • Conformity with Goals, Policies, and Implementation Strategies of the General Plan • Potential for Compatibility with Existing and Planned Uses in the Area • Contribution to Affordable Housing • Conformity with Other City Council Policies • Potential to Provide Public Benefit General Plan Goals and Policies Goals and policies from the General Plan most pertinent to this project include: Land Use Element • Attain a balanced city growth pattern which includes a full mix of land uses. • Provide a variety of housing types and opportunities for all economic segments of the community. • Develop new residential housing compatible with the character of existing neighborhoods, minimizing land use incompatibility. • Enhance and maintain the suburban /rural identity of the community. New residential development should complement the overall community character of the City, establish a sense of place and ensure compatibility with important existing local community identities. • Enhance the physical and visual image of the community. New development shall be compatible with the scale and visual character of the surrounding neighborhood. Housing Element • Provide residential sites through land use, zoning and specific plan designations to provide a range of housing opportunities. Identify adequate housing sites to S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \02 Grand Moorpark \030115 Report to ,. AHCDC.doc �Ll UI15 Affordable Housing /Community Development Committee January 15, 2003 Page 4 facilitate the 1998 -2005 Regional Housing Needs Assessment (RHNA) goals. Investigate rezoning or redesignation of commercial lots that are no longer economically viable uses to appropriate residential uses. • Expand and protect housing opportunities for lower- income households and special needs groups. Require in aggregate ten percent (100) of new units to be affordable to lower - income households. Noise Element • Protect the public from adverse noise impacts. Incorporate noise considerations into planning decisions to prevent or minimize future land -use incompatibilities. Require sound attenuation through site layout and the use of walls or berms for new residences adjacent to transportation corridors. Require a noise study to identify methods to reduce exterior noise to 65 dBA and interior noise to 45 dBA within new residential living space. Circulation Element • Limit driveway access points onto arterial roadways to ensure smooth and safe flow of vehicles and bicycles. Secondary access should be required for mid -block projects adjacent to limited - access arterials. • Adequate off - street parking shall be provided from new construction. ntanT.vcrc Issues Staff analysis of the proposed General Plan Amendment has identified the following four (4) issue areas for Affordable Housing /Community Development Committee consideration and discussion: • Land Use /Zoning • General Plan Goals and Policies • Site Planning • Density S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \02 Grand Moorpark \030115 Report to _ AHCDC . doc Affordable Housing /Community Development Committee January 15, 2003 Page 5 Land Use /Zoning The project site is in a commercial /residential transitional area on the north side of Los Angeles Avenue between the Mission Bell Plaza shopping center and Moorpark Estates neighborhood. Street access may be provided along Los Angeles Avenue and Everest Avenue. Both housing and commercial use of the site have the potential of meeting the goals of the City's General Plan. Higher- density housing (25 to 30 du /ac) on the site would provide a good buffer between the shopping center and existing residential neighborhood and increase the types of available housing in Moorpark. Access for housing from Everest Avenue would also avoid new driveways on Los Angeles Avenue. General Plan Goals and Policies The key to meeting General Plan goals of establishing identity and a sense of place for the site and achieving compatibility with both commercial and residential land uses is in the design of the project. The townhouse project as proposed is not consistent with these goals. The design has very limited Open Space and few pedestrian amenities. The view from the interior of the site is dominated by garage doors and driveways. The exterior view is dominated by sound walls along Los Angeles Avenue and no building front identity is developed in the proposed design. Site Plannin The proposed density of 16.5 units per acre is approaching the upper end of a density that can be achieved with townhouse -style development. Though a townhouse -style project could be designed at this density with more character than the proposed project, it may not be an appropriate choice of architecture for this site in its suburban setting. Better design at the proposed density or even higher density (25 to 30 du /ac) could be achieved on this site with three -story buildings of traditional apartments, with more land for green space, walkways, and a buffer between new development and existing residences. The design could also be substantially improved if the applicant were able to acquire the four (4) residential properties fronting along Shasta Avenue to the west of the site. This would allow for the creation of a significant entrance to the site to develop a greater sense of place. S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \02 Grand Moorpark \030115 Report to AHCDC . doc Affordable Housing /Community Development Committee January 15, 2003 Page 6 Density The maximum General Plan density for any residential land in the City is 20 units per acre with the density bonus program for affordable units. In order to help meet the projected housing demand, particularly for affordable housing units, staff is recommending that consideration be given to studying the limited use of higher densities for potential inclusion in the General Plan. Densities up to 25 or 30 units per acre could increase housing opportunities and still maintain a suburban identity through proper design. Such densities could also better support transit use. A change to permit higher densities would require an amendment to the Land Use Element text. The applicant has submitted two conceptual designs for this site at this density range for consideration by the Committee. STAFF RECOMMENDATION It is recommended that a General Plan Amendment application be accepted for processing to 1) convert the planned land use of the site to residential uses at a density range of 20 to 30 units per acre, and 2) amend the text in the General Plan Land Use Element to create a residential category at this density. A properly designed project of this density has the potential to provide a higher percentage of affordable housing units and clean up and develop a sense of place for the site in a manner that is sensitive to the existing residential neighborhood. Impacts of such a change to the General Plan would be addressed through the General Plan Amendment process. Attachments: 1. Application 2. Location Map 3. Aerial Photo 4. Development Plans S: \Community Development \DEV PMTS \G P A \Pre- Screening \2001 \02 Grand Moorpark \030115 Report to ,�, '— AHCDC.doc CITY OF MOORPARK GENERAL PLAN AMENDMENT PRE - APPLICATION REVIEW APPLICATION FEE: Deposit per Current Fee Schedule DATE SUBMITTED: 11/30/01 $ 1,760.00 APPLICANT PROPERTY OWNER Grand Moorpark, LLC Same as applicant 4727 Wilshire Blvd. #206 Los Angeles, CA 90010 Telephone: 32 692 -1925 Telephone:(_) LEGAL DESCRIPTION: (Attach copy of grant deed(s) and comprehensive title report) See attached Title report and Grant deed LOCATION DESCRIPTION: (In simple words, tell where property is within the City) North of i nc AnFi-1PC Ave, West of Shast=a Avenue and South of Sierra Avenue ASSESSOR PARCEL NUMBER(S): 511-14-13 REQUESTED AMENDMENT DESCRIPTION: (Describe exactly what amendment(s) you are requesting to be made. Example: Change land use designation from Low Density Residential to High Density Residential on a 6.8 acre parcel in order to create affordable housing units.) Change land use designation from commercial to high density residential_ (NOTE: Parcel was previously ammended from residential to commercial.) (Attach extra sheets as necessary) PROPERTY OWNER SIGNATURE: APPLICANT SIGNATURE: Dated: Dated: cddgpapreapapp.10.31.01 Page 1 of 2 ATTACHMENT 1 'ir )U119 T L'} ISCOVERY CT e &V�N' � ST lij SEE �7 E3 a1 2ND ` 1 PALOMITAS CIR AVF CASEY 9 RD !L A 9 RD moo. 200 . PR•' ►1�'' 20o ioo WIGKS.' ' 3RD �o SARAH PRQARED FOR; EVERETT ST CD BONNIE. is ' MOORPARK, mil, crR r ,! ; , • zoo EW ST ., pp uY' Q CHARLES -.� ® LOS ANGELES, CA 90010 AV S IT�1 ��^• - 692 - 1925 - • C.; .i �• . C] ,' ° `- 600 M 200 : U R 1 W ) .......... ~ < CD RTz Ail N4 Iuss _ • -4 CHALLENGER `' CT.. TE,)" AV V DIABLO Q 'AV 'ALW AV 4 300:' iE V1 MID ISCOVERY CT e &V�N' � ST lij SEE �7 E3 a1 2ND ` 1 PALOMITAS CIR AVF W CD !L A 9 c 200 . PR•' 3RD a ST m SARAH PRQARED FOR; AND MOORPARK, LLC . zoo . SU SAN �A 4727 WILSHIRE BLVD. AV ' '' '. SUITE 206 Q ® LOS ANGELES, CA 90010 AV 3 (323) - 692 - 1925 o a 0 :!S ESTHER -� MID POINDEXTER AV `' �; 1Df' DOROTHY A' ,IST ST POINDEA7ER 2ND ` RUpi AVF PARK ' 9 200 3RD a ST m SARAH M . zoo . SU SAN AV ASS EN AV ' '' '. Q q ROBERTS AV 3 CC PO O o a 0 :!S ESTHER -� AV . ° `- HERMAN M 200 : 100'a 00,­. UNIDOS AV ce JAMES W 4 AV C 1PESINA I AV �g MAJE TIC CT A= N 0 U- 'SIMI w z H 0 LOCATION MAP GREEN ISLAND 632 WEST LOS ANGELES AVE. MOORPARH, CALIFORNIA STA QS QlARLES 5T . . cT '` 00 E LOS ANGELES AV i— UP RR 1 p TR INK FITCH ZGAv >- DR " FL10 nv P NEW LOS MOORP PLAZj4!' Q0 ~ `� z \N Q V) O�),D D A I Ln p, DR HAALAND GROUP, INC. 351 ROLLING OAKS DRIVE, #200 THOUSAND OAKS, CA. 91361 (805) 497 -4554 General Plan Amendment Pre - Screening Application 2001 -02 Aerial Photograph of Project Site and Vicinity 0^ NORTH 1 "= Approx. 320' ATTACHMENT 3 00:121 AG 9 �—, ���...... a�= 'ar- �s�iiRi���•:%�A ��. f'�"�'.�R7i{:irJsl:�R:.J�:► —��� 11111 Sold! :C CCMM !0��.11I: ::J•I1d fI9Jf.f7 w.. �T.`i'......• .... AN ~. PM SALMON MOAN us a waw OLYa. YiO Jw Lad, MISaA arl.MA MY wmJft. LSAL*W PAX, MiM ASMSSQRSPARCEI AO SFP W PARCEL YAP No. SM as TM La Ylalm M. • / . �� � 11 1 �.�� ■ii�� �►�� IN�� FAU AG 9 �—, ���...... a�= 'ar- �s�iiRi���•:%�A ��. f'�"�'.�R7i{:irJsl:�R:.J�:► —��� 11111 Sold! :C CCMM !0��.11I: ::J•I1d fI9Jf.f7 w.. �T.`i'......• .... AN ~. PM SALMON MOAN us a waw OLYa. YiO Jw Lad, MISaA arl.MA MY wmJft. LSAL*W PAX, MiM ASMSSQRSPARCEI AO SFP W PARCEL YAP No. SM as TM La Ylalm M. ITEM .�. 9 . A . t;; ... 3- 1cl -_ -9 C10 CITY OF MOORPARK CITY COUNCIL AGENDA REPORTY • - -� TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: March 6, 2003 (CC Meeting of March 19, 2003) SUBJECT: Consider Award of Contract to Ecology Construction Inc. and Adoption of a Budget Amendment for Arroyo Vista Community Park Phase II Construction SUMMARY The City Council is being asked to award a contract to Ecology Construction Inc. for the construction of AVCP Phase II and to adopt a Resolution (Attachment A) amending the FY 02/03 budget by appropriating an additional $770,000 towards the project. The project is being funded by the Community Zone of the Park Improvement Fund, a portion of which includes a loan from the General Fund Reserve Balance. BACKGROUND The initial appropriation for AVCP Phase II was $1.5 million, which was included in the adopted FY 02/03 budget. On October 16, 2002, the City Council approved a revised expanded Scope of Work, the construction plans and specifications, and authorized staff to initiate the bid process for construction of AVCP Phase II. The expanded scope -of -work option selected by the Council was Option C, which included the installation of lights on one softball field and paving improvements for two parking lots. The October 16 Agenda Report stated that Option C would require an additional appropriation of $902,351, with a total estimated project budget of $2,402,351. The Report went further to state that in order to finance the additional appropriation from the Park Improvement Fund - Community \\MOR PRI_SERV \home folders \MLindley \PARKS \Park Projects \AVCP Phase Maward phase If const con ccagd.doc 00023 Honorable City Council March 19, 2003 Page 2 Zone, a temporary loan from the General Fund Reserve of approximately $712,351 is needed. It was estimated that the loan could be repaid, with interest, at the applicable Local Agency Investment Fund (LAIF) rate, within 12 months. To summarize, the park improvements now included in the AVCP Phase II Scope of Work include, hydroseeding and irrigating approximately 11 acres for multi - purpose sports fields (primarily soccer); construction of two playgrounds with equipment; installation of a large picnic pavilion; minimal hardscape improvements (concrete walkways); minimal security lighting; miscellaneous site furniture such as picnic tables and trash cans; the construction of a new fully improved paved parking lot east of the football field; improving the existing parking lot adjacent to the multipurpose court (roller hockey) by adding paving and curbs; and the construction of a fourth softball field with lights. Lastly, the Scope of Work also includes undergrounding the existing electrical power line east of the football field. DISCUSSION The bid process closed on March 4. We received a total of four bid proposals. The bid results were as follows: Contractor Proposal Ecology Construction Inc. $1,779,317.68 Mendez Concrete, Inc. $1,950,363.50 Nye & Nelson, Inc. $2,081,000.00 Thomsen Landscape $2,087,200.00 Ecology Construction Inc. i at a cost of $1,779,317. Th was $2 million. It has Construction is qualified Construction confirmed that they are prepared to procee project. s the lowest qualified bidder, initial construction estimate been determined that Ecology to perform the work. Ecology their bid is valid and that :1 with the construction of the \\ MOR_ PR' _SERV \home_folders \M:.indley \PARKS \Park Projects \AVCP Phase II \award phase II const con ccagd.doc Honorable City Council March 19, 2003 Page 3 Budget Amendment In addition to the award of a contract, the Council is being asked to adopt the attached budget resolution (Attachment A) appropriating an additional $770,000 to the project. This action will bring the total project budget to $2,270,000. This is $132,350 less than had been estimated in the Council's October 16 Agenda Report. The loan amount from the General Fund has also been reduced from $712,350 to $590,000. RECOMMENDATION (Roll Call Vote) Award a contract to Ecology Construction Inc. for $1,779,317.68 for construction of AVCP Phase II; authorize a loan of $590,000 from the General Fund Reserve Balance, to be repaid with interest at the LAIF rate; and adopt Resolution No. 2003 - appropriating $180,000 from the Park Improvement Fund Balance - Community Zone and $590,000 from the General Fund Reserve Balance to the AVCP Phase II project budget (7022). Attachments: (A) Resolution \ \MOR_PRI_SERV \home folders \M7-indley \PARKS \Park Projects \AVCP Phase II \award phase II const con ccagd.doc 000a12S Honorable City Council March 19, 2003 Page 4 RESOLUTION NO. 2003- ATTACHMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET BY TRANSFERRING $180,000 FROM THE COMMUNITY PARK IMPROVEMENT ZONE RESERVE FUND (2100) AND $590,000 FROM THE GENERAL FUND RESERVE BALANCE TO THE AVCP PHASE II PROJECT (2100.7800.7022.9630) WHEREAS, on June 5, 2002, the City Council adopted the operating budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to said Council requesting a budget amendment by transferring $180,000 from the Community Park Improvement Fund Reserve balance and $590,000 from the General Fund Reserve Balance for the construction of AVCP Phase II; 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 $180,000 from the Community Park Improvement Fund Reserve and $590,000 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 March, 2003. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk \ \MOR PRI SERV \home folders \MLindley \PARKS \Park Projects \AVCP Phase II \award phase Ll- const con ccagd.doc j () C,112G Honorable City Council March 6, 2003 Page 5 Resolution No. 2003- EXHIBIT A Budaet Revision A. Fund Allocation: Fund No. Fund Name Amount 2100.5500 Community Zone Park Improvement Fund $180,000 1000.5500 General Fund Reserved Balance - Loan $590,000 B. Budget Appropriation: BUDGET NUMBER BUDGETED REVISION NEW BUDGET 2100.7800.7022.9630 $1,500,000 $770,000 $2,270,000 Approved to Form: E M: \MLindley \PARKS \Park Projects \AVCP Phase II \award phase II cor,st con ccagd. doc 0`- CA 27 E. T.1 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council �`� FROM: Cindy Borchard, Administrative Services Director co DATE: March 11, 2003 (Meeting of March 19, 2003) SUBJECT: Boys & Girls Club Loan BACKGROUND In 1994, the City of Moorpark provided an $82,000 loan to the Moorpark Boys and Girls Club at 5% simple interest. No payments had been made on the loan when, in 1997, the Council approved a restructuring of the loan. Under the new plan, all accrued interest would be paid, as well as principal, and the first installment was due September 30, 1998. The Boys and Girls Club did not make the scheduled payment on September 30, 1998 and paid only part of the accrued interest. On June 7, 2000, the City Council waived accrued interest due and future interest and directed that the total principal due of $82,000, be paid over 82 months with monthly installments of $1,000. Since this time, monthly principal payments have been made and as of March 6, 2003, the balance due is $52,000. DISCUSSION W. Scott Mosher, Executive Director of the Boys & Girls Club of Moorpark, submitted a letter to the City Manager requesting consideration that the remainder of the City's loan to the Club be forgiven. The request was presented to the Budget and Finance Committee members Mayor Patrick Hunter and Councilmember Clint Harper on March 5, 2003. The Budget and Finance Committee recommends that the balance of the loan be forgiven effective June 30, 2003, unless Council decides otherwise during budget deliberations due to financial impacts resulting from State budgetary actions. The outstanding balance at that time would be $47,000. 00CA28 RECOMMENDATION Forgive the loan balance Club effective June 30, modify this decision during Attachments: of $47,000 to the Boys & Girls 2003, but retain the right to budget deliberations. 1. Letter from Boys & Girls Club dated January 30, 2003 2. Promissory Note dated July 1, 2000 2 0�.>'Ld :.2 9 30YS & GIRLS CLUB OF MOORPARK P.O. Box 514 Moorpark, GA 93020 Tel 805- 529 -1140 Fax 805 -529 -2820 officers Patty Waters President Roy Talley Vve President of Admink&ahon Michael Wesner, Esq. We President of Board Development Donald I. Moore Vice President of Resource Development Scott Green sererary Board of Dk ctors Rick Baltes Gary Cabiiales Dave Chaney Robert E Coughlon, Esq. Lyle Pennington Toni Pugh Carla A. Robertson Sal Sandoval James D. Stueck Bruce Thomas Advisory CouncH January 30, 2003 Mr. Steven Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Steve: I am writing to request that the City offset the loan to the Boys & Girls Club in lieu of the services and benefits we provide for the City and our community as a whole. As you will recall, Councilmember Clint Harper brought this idea before the Council in September of 1999. After subsequent discussions and meetings, there seemed to be general interest on the part of the Council to forgive the loan, however, there were concerns about the Club's financial stability and the lack of performance on payments at that time. Consequently, the decision then was to forgive the interest and have the Club make monthly payments of $1,000. Council expressed that they would like to see the Club establish a track record of performance and would be willing to revisit the issue in the future. Since that time we have met our obligation to the City every month, bringing our current loan balance to $53,000. 1 think you will agree that we have honored our commitment to the City to date and have a solid track record of performance. Stw* Bob Brooks N Cantwell Additionally, we have increased the level of services we provide; serving Tony Union an average of 110 young people daily, and among all of our services, Bill McMahan Su Judy Mikels impact the lives of over 1,800 kids annually. Our members have John W. Newton increased their grades in school and improved their study habits; have A. J. Patterson Debi Ryono increased their resistance skills to drugs, alcohol, and tobacco; and many Jaynes P. Sandoval special needs of members have been met through building relationships Doug Sp Bruce T ck ran with caring adult staff. Jahn W. Wood OD We would like to reinvest the $12,000 per year of loan payments to the ExKuew Direr. City into programs for kids. We will be successful in making a difference "t' Scott Mosher in the lives of those children we serve and the City will be successful in helping meet the needs of the young people in our community. Our success is truly your success. Most importantly, however, is that the kids of Moorpark succeed and they receive the opportunities they need. J00:130 These are exciting times at the Boys & Girls Club. We have fully utilized and have now outgrown our current facilities and we are beginning to plan for a new state of the art Boys & Girls Club, an additional facility to better serve the growing youth population in Moorpark. I look forward to sharing our ideas on this with you and hearing your thoughts and suggestions. Steve, I very much appreciate your support of the Boys & Girls Club and the support from the City Council. It has helped enable us to grow and deepen the impact of our services. I also believe that our work collaboratively with the Moorpark After Dark events have been very effective and we are certainly willing to look at other opportunities to work together. I would appreciate your consideration of our request that the City offset the loan to the Boys & Girls Club in lieu of the services and benefits we provide for our City. I truly believe that it would be a solid investment that would pay great dividends! I look forward to discussing this with you further. Sincerely, W. Scott Mosher Executive Director X00131 PROMISSORY NOTE Moorpark, California July 1, 2000 FOR VALUE RECEIVED, the undersigned Moorpark Boys and Girls Club, a California non - profit organization, ( "Borrower ") hereby promises to pay as herein stated to the City of Moorpark ( "City"), or order, at its principal place of business at 799 Moorpark Avenue, Moorpark, California or at any other place 3 designated by the holder hereof, the principal amount of Eighty - two Thousand Dollars ($82,000), together with simple interest on the unpaid principal amount at the rate of 5% per annum; provided, however, that such interest (the "Accrued Interest ") will not be payable unless a Default (as defined below) occurs. The principal shall be payable in equal monthly installments of $1,000 commencing with the first payment on August 1, 2000. City, at its option and without notice or demand, may declare the entire unpaid principal amount of this Promissory Note and all Past Due Interest (as defined below) and Accrued Interest to be immediately due and payable if any one or more of the following occurs (each a "Default "): (i) the sale, conveyance, transfer, lease or alienation of all or any part of the property (the "Property") located at 200 Casey Road, Moorpark, California or any interest in the Property, whether voluntary or involuntary, except where such sale, conveyance, transfer, lease or alienation is to the City, or (ii) Borrower fails to fully perform and discharge each of its obligations under this Promissory Note, including, without limitation, Borrower's failure to pay and monthly installment of principal when due and such payment failure is not completely cured within sixty (60) days following the due date of such installment. Borrower shall have the right to prepay all or any portion of the indebtedness, without penalty or premium. All prepayments will be applied to the installments of principal under this note in the inverse order of their maturity. This Note shall be governed and interpreted under the laws of the State of California. This Promissory Note is based upon City Council's approval on June 7, 2000, of the Borrower's request to restructure previous agreements for repayment of this loan. This Promissory Note supercedes the previous Promissory Note dated November 30, 1994 and any other written or oral agreements for terms of repayment of this obligation. Unless a Default OOCI432 PROMISSORY NOTE Moorpark, California July 20, 2000 Page 2 occurs, in accepting this Promissory Note, the City is waiving its right to collect interest in the amount of $5,522 (the Past Due Interest ") which is agreed by the Borrower to have been earned but unpaid under the Prior Note. Should the indebtedness represented by this Note or any part thereof be sought to be enforced or collected at law or in equity or through any bankruptcy including, without limitation, any action for relief from the automatic stay of any bankruptcy proceeding, receivership, probate or other court proceedings or by any judicial or non - judicial foreclosure proceeding, or if this Note is placed with attorneys for collection after Default, Borrower agrees to pay, in addition to all amounts due and payable hereon, reasonable attorneys' fees and collection costs and expenses. No modification or waiver by the City of any of the terms of this Promissory Note will be valid or binding on the City unless such modification or waiver is in writing and signed by the duly authorized official or officer of the City. Without limiting the generality of the preceding sentence, no delay, omission or forbearance by the City in exercising or enforcing any of its rights or remedies under or respecting this Promissory Note constitutes a waiver of any such rights or remedies. All rights and remedies of the City under this Promissory Note are cumulative with and in addition to all other legal and equitable rights and remedies which the City may have. This Promissory inures to the benefit of the City and its successors and assigns. Date: July 20, 2000 Moorpark Boys and Girls Club By: w --A 1N` W. Scott Mosher, Executive Director By: ,e Michael H. Wesner, President 00C 133 i MOORPARK CITY COUNCIL`re -M- AGENDA REPORT TO: Honorable City Council FROM: Steven Kueny, City Manager Prepared by: Barry K. Hogan Community Development Director DATE: March 13, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Approval of Second Amendment to Settlement Agreement Regarding the Moorpark Country Club Estates RPD 1994 -01 - Toll Brothers BACKGROUND At the August 21, 2002 City Council meeting, an Ad -Hoc Committee of Mayor Hunter and Councilmember Millhouse was appointed to work with staff and the applicant to resolve the outstanding issues relative to the development of the project. DISCUSSION The City representatives and the applicant have met on several occasions, resulting in the attached Second Amendment to the Settlement Agreement. The Second Amendment addresses all of the remaining issues for Toll and City and, if adopted, would allow Toll to continue development of its project to completion and meet all requirements of the City. With the adoption of the Second Amendment modification to the RPD and Tentative Tract Map would be necessary. A report regarding the Modification is on this same Council agenda. STAFF RECOMMENDATION Approve the Second Amendment to the Settlement Agreement and authorize the Mayor to sign the Agreement subject to the final language approval of the City Attorney and City Manager. Attachment: Proposed Second Amendment to the Settlement Agreement S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \Agenda Reports \CC030219 Agenda Report - Toll Second Amend.doc 000.34 DRAFT SECOND AMENDMENT TO SETTLEMENT AGREEMENT This Second Amendment to Settlement Agreement (Second Amendment) is made and entered into as of the day of 2003 by and among the CITY OF MOORPARK, a general law city (City) and TOLL CA GP CORP., a California corporation, and TOLL CA, L.P., a California limited partnership (collectively Toll), with reference to the following facts and circumstances. City and Toll may hereinafter be referred to individually as "Party" and collectively as "Parties." RECITALS A. On June 20, 2001, City and Toll executed that certain Settlement Agreement pertaining to conditions of approval for Vesting Tentative Tract 4928 within the City of Moorpark. B. On August 1, 2002, the Parties executed that certain First Amendment to the Settlement Agreement pertaining to certain conditions of approval for Vesting Tract Map 4928 (Tract 4928), Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 within the City of Moorpark. C. City Resolution No. 96 -1197 conditionally approved Tract 4928, RPD Permit No. 94 -1, and CUP No. 94 -1 with specific conditions of approval requiring that prior to occupancy of the first residential unit of Tract 4928 or the first golf course facility, whichever occurs first, Toll shall improve Walnut Canyon Road, Grimes Canyon Road, the intersection of "C" Street (Championship Drive) and Walnut Canyon Road, the intersection of "C" Street (Championship Drive) and Grimes Canyon Road and the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue). D. Toll is in the process of satisfying conditions of approval for Tract 4928, RPD Permit No. 94 -1, and CUP No. 94 -1 and has requested postponement of the construction of certain public improvements required by the conditions of approval. 1 0001 3S DRAFT E. On August 21, 2001, the Moorpark City Council adopted Resolution No. 2001 -1875 approving Minor Modification No. 3 to CUP No. 94 -1. F. Toll and City are parties to a certain Development Agreement dated April 18, 1996. G. Disputes have arisen between the Parties under the Settlement Agreement and First Amendment pertaining to timely completion of conditions of approval. H. City has approved Toll's revised equestrian center plan dated I. Caltrans has approved Plan No. 701 -1767 for the improvements of Walnut Canyon Road (SR 23) to be constructed by Toll at its sole expense. IN CONSIDERATION of the foregoing and the provisions set forth herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Second Amendment agree as follows: 1. Paragraph 4. of the First Amendment to the Settlement Agreement is hereby rescinded. 2. The date in the last sentence of Paragraph 5. of the First Amendment to the Settlement Agreement is hereby modified from October 1, 2002, to June 30, 2003. In the event the requirements of this modified Paragraph 5. are not completed to the satisfaction of the Director of Community Development by June 30, 2003, Toll shall not request and City shall not issue more than 95 total residential building permits for Tract 4928/RPD Permit No. 94 -1 until the requirements of amended Paragraph 5. of the Settlement Agreement are completed to the satisfaction of the Director of Community Development. 3. Effective May 1, 2003, Toll shall allow the golf course and clubhouse (18 consecutive holes of the 27 holes /including use of golf carts) to be used by City for one City sponsored event each calendar year. The date of the event (and including provisions for rescheduling due to inclement weather) and number of hours shall be by mutual agreement and shall include no less than six (6) daylight hours between the hours of 9:00 a.m. and 6:00 p.m. The 2 J00:136 DRAFT 2003 event shall occur between July 1 and November 30, 2003, and succeeding years between January 2 and November 30, and shall exclude designated City holidays, Sundays, the Saturday after Thanksgiving, and the month of December. City use of the golf course and clubhouse shall be at no cost except for Toll's out -of- pocket expenses. Out -of- pocket expenses shall exclude the cost of up to 150 greens fees and 75 cart rentals. The City's use of clubhouse in this paragraph is in addition to use of clubhouse as specified in Paragraph 7. of the First Amendment to the Settlement Agreement. 4. The "Effective Date" of this Second Amendment shall be the date upon which the last of the following items occurs for phase 3 of Tract 4928: A. City Engineer approval of the rough grading plans; B. City Engineer approval of street and storm drain improvement plans; C. City Engineer approval of the Championship Drive improvement plans; D. City Engineer approval of the Final Map for all items except the submission of public improvement sureties by Toll. 5. Toll shall complete the improvements to Walnut Canyon Road including the intersection of Walnut Canyon Road and Championship Drive in conformance with grading and improvement plans approved by the City and with Caltrans Plan No. 701 -1767 by July 31, 2003. Completion shall be defined as Caltrans' approval to allow these improvements to be used by the public. In the event this improvement is not approved by Caltrans for use by the public by July 31, 2003, Toll shall not request and City shall not issue more than 95 residential building permits until such Caltrans approval is obtained and the improvements are open to use by the public. 6. Toll shall complete the improvement of Grimes Canyon Road in conformance with Ventura County Permit No. 02 -713E2 within one hundred eighty (180) calendar days of City obtaining the real property needed for said improvement (Required Date). Toll shall provide City with 3 000:137 DRAFT legal description for all properties to be acquired by City by April 30, 2003, including temporary construction easements and permanent slope easements. City shall verify the legal description and return to Toll for any corrections by May 31, 2003. If legal descriptions are not approved by City by May 31, 2003, then one day shall be subtracted from the Required Date, referenced above, for completion of these improvements. Toll agrees to pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (15 %) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. Upon signing of this Second Amendment, Toll shall deposit with City Twenty -five Thousand Dollars ($25,000.00) for this purpose and shall within fifteen (15) calendar days of receipt of request from City, deposit additional amounts of money as may be necessary to complete acquisition of the properties. City shall negotiate for the acquisition of the properties. If such negotiations prove unsuccessful, City shall promptly begin the procedures required by law to consider filing condemnation proceedings for the purpose of acquiring properties. Subject to all negotiation and notice requirements imposed by law, City shall schedule a hearing to consider adoption of a Resolution of Necessity for acquisition of the properties by Eminent Domain. City shall file condemnation proceedings for the purpose of acquiring the properties if and when it 1) has complied with all applicable laws, 2) has been able to make the findings necessary for a Resolution of Necessity under the Eminent Domain Law, and 3) elects, in its sole and exclusive discretion following receipt and consideration of all facts presented at the hearing, to adopt such Resolution. Within ninety (90) calendar days of acquisition of all required properties, City shall provide an invoice to Toll listing all costs and return any portion of Toll's deposit not expended by City for this purpose. Toll agrees to reimburse City within thirty (30) calendar days of receipt of the accounting for any costs in excess of Toll's deposits for this purpose. 4 JOC2.438 DRAFT In the event the improvements required by this paragraph are not open for use by the public and approval by County of Ventura Public Works Department and City are not obtained by the Required Date, Toll shall not request and City shall not issue any additional residential building permits until such approvals are obtained and the improvements are open for use by the public. City agrees to acquire the properties within nine (9) months of City approval of said legal descriptions. In the event City does not achieve this date for acquisition, then one day shall be added to the Required Date. 7. Toll agrees that the final nine (9) holes of the golf course will be completed and open for play on or before December 31, 2004, or twenty -one (21) months after the Effective Date of this Second Amendment, whichever is later. If the nine (9) holes of golf are not complete and open for play as determined by the Director of Community Development by the date specified in the prior sentence, Toll shall not request and City shall not issue any additional residential building permits until the final nine (9) holes of golf course are complete and open for play as determined by the Director of Community Development. 8. Toll agrees that in the event the cable television services or their equivalent are provided to the project under collective arrangement or any collective means other than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the project), the entity responsible for the provision of such service shall pay monthly to the City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross Revenue" is defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Developer further agrees that in the event cable television services or their equivalent are provided to the project by any other means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the project was served by a City Cable Franchisee. 9. Toll agrees for the life of the project to cast affirmative ballots for the increase of any assessments for 5 000139 DRAFT existing assessment districts for the maintenance of parkway and median landscaping, street lighting, and parks conferring special benefits, and for the formation of any new assessment district for the purposes listed above in order to supplement the then existing assessments upon properties within the project. 10. Toll agrees that no later than three (3) years from the Effective Date of this Second Amendment, and at its sole cost and expense, to construct improvements at the intersection of Grimes Canyon Road and State Route 118 (Los Angeles Avenue) hereinafter referred to as Intersection. Toll acknowledges that the Intersection improvements shall be consistent with the requirements of Caltrans, County of Ventura (County), California Public Utilities Commission (PUC), Union Pacific Railroad (UPR), Southern California Regional Rail Authority, and Ventura County Transportation Commission (collectively Metrolink) and City. The Intersection improvements, hereinafter Improvements, shall consist of the following, subject to final approval of the above - referenced entities: A. Intersection traffic signal including interconnection with the railroad crossing signals and a signal on the north side of the railroad crossing with pre- emption circuits, including any modification to the concrete crossing, rail crossing arms, and any other rail safety devices as may be required by UPR, PUC, or Metrolink; B. Two twelve foot (12') wide travel lanes and two eight foot (81) wide paved shoulders on Grimes Canyon Road from approximately three hundred (300) feet north of the railroad crossing to Los Angeles Avenue including modifying the elevation of the road on the north side; C. Improvement of Los Angeles Avenue for a distance of approximately seven hundred twenty (720) feet east of the Intersection and approximately six hundred twenty (620) feet west of the Intersection. The additional improvements to the east are to include an approximately six hundred (600) foot deceleration / right turn lane westbound, and twelve (12) foot median at the Intersection tapering to zero, an eight (8) foot paved shoulder on the north side and an eight (8) foot paved shoulder on the south side. The additional improvements to the west of the 6 00140 Fft._ Intersection are to include an approximate five hundred (500) foot deceleration / left turn lane. It is Toll's responsibility to obtain cooperative funding if available from Caltrans, County, PUC, UPR and /or Metrolink. In no event shall funding issues affect Toll's obligation to complete the Improvements by the date referenced above. Toll further agrees in the event said Improvements are not completed to the satisfaction of all referenced entities no later than three (3) years from the Effective Date of this Second Amendment to pay City One Thousand Dollars ($1,000.00) per calendar day until Improvements are constructed at the Intersection. The $1,000.00 amount per calendar day shall continue to be paid until the full improvements at the Intersection are open to public and completed to the satisfaction of Caltrans, Railroad, Metrolink, PUC, and County. If the improvements as ultimately approved require relocation of the rail crossing arms, Toll shall have an additional two (2) years, over and above the three (3) year period specified above to complete the Improvements to the satisfaction of all referenced entities, before the obligation to pay any daily penalties shall commence. Further, if the Improvements as ultimately approved require relocation of the rail crossing arms, Toll shall be obligated to construct an additional twelve (12) foot travel lane for south bound traffic on Grimes Canyon Road from approximately three hundred (300) feet north of the railroad crossing to Los Angeles Avenue in conjunction with the requirements of 10.B., above. 11. Toll agrees that if the Improvements as described in Paragraph 10. are not open to public and completed to the satisfaction of Caltrans, County, UPR, PUC, and Metrolink no later than three (3) years from the Effective Date of this Second Amendment, or no later than five (5) years from the Effective Date of this Second Amendment if Toll is required to relocate the rail crossing arms in accordance with Paragraph 10., above, Toll shall provide City an irrevocable letter of credit in the amount of Three Hundred Sixty -five Thousand Dollars ($365,000.00) to guarantee payment of the potential payment amounts referenced in Paragraph 10., above, in this Second Amendment and maintain such in full force and effect until the Improvements are completed as required herein, except as set forth below. The form of the irrevocable letter of JOU! 41 V'A credit shall be approved by the City Attorney and shall authorize the City to recover from it all amounts due under the provisions of Paragraph 10. of this Second Amendment. Toll further agrees that should City draw on the irrevocable letter of credit to an extent that the balance is Two Hundred Thousand Dollars ($200,000.00) or less, Toll shall provide additional funding to restore and thereafter maintain this irrevocable letter of credit in an amount of no less than Two Hundred Thousand Dollars ($200,000.00) until City Council authorizes in writing a reduction in the amount or release of the irrevocable letter of credit upon a finding that Toll has met all of its obligations for which the irrevocable letter of credit was provided. 12. Toll agrees to pay City the amount of Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00) in three payments as follows: A. Seven Hundred Fifty Thousand Dollars ($750,000.00) upon the Effective Date of this Second Amendment; B. Seven Hundred Fifty Thousand Dollars ($750,000.00) on both the first and second anniversaries of the Effective Date of this Second Amendment. City may use these monies for any lawful purpose at its sole and unfettered discretion. 13. Toll agrees that any payments pursuant to this Second Amendment shall be made without reservation, and Toll expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. 14. The parties agree that in the event Toll has a concern about the plan check process, including deadlines for submission or return of plans and thoroughness of the plan submittals and plan check comments, such concern shall be referred to the Director of Community Development, who shall make a decision, and said decision shall be final. 15. Consistent with the terms of this Second Amendment, and no later than thirty (30) days after the Effective Date of this Second Amendment, City agrees to amend City Council Resolution No. 2001 -1875 to delete 8 J00'142 DRAFT condition numbers 6. and 7. related to Walnut Canyon Road improvements and water tank easements, respectively; City Council Resolution No. 96 -1197 to modify condition number 142 of Tract 4928; and City Council Resolution No. 1998- 1508 pertaining to the golf course commencement. 16. Both the Settlement Agreement and First Amendment to Settlement Agreement as amended herein shall remain in full force and effect in accordance with their terms and conditions. IN WITNESS WHEREOF, the undersigned each has executed this First Amendment as of the date first above written. CITY OF MOORPARK By Patrick Hunter, Mayor Attest: LIZA TOLL CA GP CORP. By James W. Boyd, Vice President California Region of Toll CA GP Corp. TOLL CA, L.P. By James W. Boyd, Vice President California Region of Toll CA GP Corp., General Partner of Toll CA L.P. M: \City Share \City Manager \Everyone \Agreements\ Toll Brothers Second Amend 03 2003 without leg format.doc 9 0©�:143 ITEM Q. I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: March 7, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Remaining Outstanding Issues - Toll Brothers (Moorpark Country Club Estates) BACKGROUND At the August 21, 2002 City Council meeting, an Ad -Hoc Committee of Mayor Hunter and Councilmember Millhouse, was appointed to work with staff and the applicant to resolve the outstanding issues. DISCUSSION After an initial meeting, the Committee directed staff and the applicant to come up with a mutually agreeable resolution based upon the discussions to date. Staff and the applicant have met on several occasions, resulting in a Second Amendment to the Settlement Agreement for Council consideration on this same Council agenda. Upon City Council approval of the Second Amendment to the Settlement Agreement, the Conditions of Approval of the entire project must be made consistent with any such Agreement, through Modification to the entitlement permit(s). At the time of approval of the Vesting Tentative Map and the Residential Planned Development Permit for Toll Brothers, there were expectations that certain improvements would be completed prior to occupancy of the first homes in the development. As Council is aware, this is not the case. Each of the ten (10) conditions which involve improvements and time specific completion of those improvements will need to be amended through a Modification. S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:144 Honorable City Council March 19, 2003 Page 2 The ten (10) conditions, in no particular order of priority, involve the following: • Adoption of a Resolution regarding enforcement of the California Vehicle Code and the Moorpark Municipal Code on private streets in the development. • Revisions and approval of the CC &R's to comply with the changes approved by City Council for Phase 1. • Submittal and approval of a Community Sign Program and landscape plans and the installation of landscaping for Phase 1. • Approved and operational Landscape Maintenance District for all areas proposed to be maintained by the public. • Fencing and wall plans for individual lots, as well as, boundary (range) fencing. • Improvements to Walnut Canyon Road intersection with Championship Drive. • Improvements to Grimes Canyon Road intersection with Highway 118. • Improvements to Grimes Canyon Road intersection with Championship Drive. ISSUES FOR CONSIDERATION There are no issues for City Council consideration. What remains to be accomplished, if the Council has adopted the Second Amendment to the Settlement Agreement, is to direct staff to process a Modification to the RPD and Tentative Map to make the Conditions of Approval consistent with the details of the second amendment to the Settlement Agreement. STAFF RECON4ENDATION Direct the applicant to RPD 1994 -01, and CUP Development Director to consent item, in order t consistency with the Agreement. file the Modifications to Tract 4928, 1994 -01 and authorize the Community bring them back to the Council as a o bring the Conditions of Approval into Second Amendment to the Settlement Attachment: Current Conditions of Approval Tied to Occupancy S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:145 Honorable City Council March 19, 2003 Page 3 ATTACHMENT Toll Conditions Tied to Occupancy 1. VTM #20, RPD #18, CUP #24: Prior to opening "C" Street, the western residential area streets and cul -de -sacs (labeled as public on the Vesting Tentative Map) to public use, the Applicant /Developer shall request the City to adopt a Resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 2. VTM #23: The draft CC &R's shall be submitted to the Community Development Director and the City Attorney for review and approval, prior to approval of the first phase of the Final Map by the City Council, and the subdivider shall be required to pay all costs associated with such review. All applicable Conditions of Approval shall be highlighted in the copies of the CC &R' s submitted for city review. Prior to the sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. 3. RPD #22: Both the eastern and western "C" Street entrances to the proposed project shall provide residential, community entry monumentation signage and appropriate landscaping at entry points. A Sign Program shall be submitted to the Community Development Director for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch, entry road design. Trees shall be spaced at equal intervals or clustered, as approved by the Community Development Director. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Community Development Director shall review and approve all gateway, streetscapes, and street tree planting programs for the project, prior to Zoning Clearance for the first residential unit, and all such landscaping for each S: \Community Development \DEV PMTS \R P D \1999 -01 Toll \CC030319 Agenda Report - Toll changes.doc Honorable City Council March 19, 2003 Page 4 approved phase shall be installed, prior to the first occupancy for that phase. 4. RPD #29, VTM #47, CUP #44, MM1 #7: Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Maintenance Areas and Common Maintenance Areas for the Tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans and applicable City policies, plans and ordinances, and shall be submitted to the Community Development Director for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation and final inspection. The landscaping for the Maintenance Areas and Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval, prior to the first occupancy in each phase. (The landscaping for "C" Street is required to be installed prior to the first golf course occupancy; however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval, prior to the first residential occupancy.) 5. VTM #55, RPD #34, RPD #35, MM1 #8: A Perimeter Boundary Fencing and Wall Plan are required to be submitted for the Community Development Director's approval, prior to approval of the first phase of the Final Vesting Map. The Perimeter Boundary Fencing and Wall Plan shall include the type, height and location of all fencing and /or wall to be installed, along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing shall be a minimum of six (6') feet in height and shall be installed by the Applicant /Developer, adjacent to agricultural -zoned property, prior to the first golf course occupancy approval or first residential occupancy approval north of "C" Street, whichever occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Community Development Director may approve high - quality chain link fencing, adjacent tc agricultural properties, in locations where such fencing S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc Honorable City Council March 19, 2003 Page 5 would not be visible from the public right -of -way or the adjacent residential pads. In all other perimeter locations, not adjacent to agricultural -zoned property, either wrought iron fencing, a block wall, or a combination shall be provided, as determined by the Community Development Director in the Perimeter Fencing and Wall Plan. 6. VTM #136, RPD # 59, CUP #101: Prior to occupancy of the first residential unit of Tract No. 4928 or the first golf course facility, whichever occurs first, the subdivider shall improve Walnut Canyon Road, as specified in these conditions. 7. VTM #142, RPD #63, CUP #106: Prior to issuance of the first Zoning Clearance for occupancy of either the golf course or the first residential unit, the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue), shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved by the City Engineer. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118)/Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. 8. VTM #143, RPD #62, CUP #105: Prior to occupancy of the first residential unit of Tract No. 4928 or the golf course facility, whichever occurs first, the subdivider shall improve Grimes Canyon Road, as specified in these conditions. 9. MM1 #10: Prior to the issuance of a grading permit for Grading Phase 1B, the applicant shall prepare and submit for approval by the Community Development Director, a master equestrian trail design. The plan shall show the dedicated alignment, improvements and equestrian S: \Community Development \DEV PMTS \R P D \1999 -01 Toll \CC030319 Agenda Report - Toll changes.doc 000:148 Honorable City Council March 19, 2003 Page 6 crossing /safety features where trail crossings occur with public or private streets. Each trail segment shall be constructed for the full length of the development phase in which the trail is incorporated. The equestrian staging facilities shall be constructed and shall be connected to a dedicated and improved trail within Development Phase One. The design of the trail and surfacing and fencing, etc., shall be approved by the Community Development Director. The trail shall be accommodated within an expanded parkway providing not less than thirty (301) feet from the back edge of curb to the right -of -way line along the south side of "C" Street. The design and alignment of the equestrian trail shall be coordinated with the design and alignment of the sidewalk to create a streetscape which incorporates topographic conditions that resemble a naturally occurring topographic setting not a manufactured condition. The trail and the sidewalk shall be free flow and serpentine or meandering and may cross one another and be designed with a variable separation for the extent of the trail. The sidewalk and the equestrian trail shall also vary in their vertical alignment. 10. MM1 #14: Private recreation areas identified by the Minor Modification shall be subject to review and approval of the Community Development Director and the Community Services Director. Recreation equipment shall meet the standards required by the City for public park development. The Home Owners Association shall be responsible for the long term maintenance of the private facilities. The private recreation areas shall be installed prior to the issuance of the Zoning Clearance for building permit of the fiftieth (50th) dwelling unit in each development phase served. S: \Community Development \DEV PMTS \R P D \1994 -01 Toll \CC030319 Agenda Report - Toll changes.doc 0010:.49 -/I "- cc) MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council �- FROM: Barry K. Hogan, Community Development Directo Kenneth C. Gilbert, Director of Public Works Prepared By: David A. Bobardt, Planning Managerj15 DATE: March 4, 2003 (CC Meeting of 3/19/2003) SUBJECT: Consider Potential Alignments for State Route 23 North of New Los Angeles Avenue. BACKGROUND On October 30, 2002, the City Council reviewed and discussed issues related to potential future roadway connections for the North Hills Parkway, Walnut Canyon Road, Spring Road, and State Route 23. A study prepared by the City Engineer on a potential alignment of State Route 23 between East Los Angeles Avenue and Broadway via Crawford Canyon was presented to the City Council as one option to address existing truck traffic on Walnut Canyon Road /Moorpark Avenue. The City Council asked staff for information on alternative alignments for State Route 23. Staff identified five alternative alignments; a comparison of the pros and cons of each alternative alignment is provided below. DISCUSSION The potential State Route alignments identified by staff include: 1. Continued use of Walnut Canyon Road /Moorpark Avenue; 2. Development of Spring Road between Walnut Canyon Road and Charles Street as part of Moorpark Highlands Specific Plan; 3. Development of a connection between East Los Angeles Avenue and Broadway via Crawford Canyon; 4. Development of a connection between East Los Angeles Avenue and Spring Road (in the Moorpark Highlands Specific Plan Honorable City Council March 19, 2003 Page 2 area) via Crawford Canyon using the SR -118 reservation land on the Moorpark Highlands Specific Plan; and S. Improvement of Grimes Canyon Road to state highway standards south of Broadway. These five (5) alternatives were then analyzed to identify both opportunities and constraints associated with their use over a long time horizon for the State Highway connection between the SR- 118/23 Freeway and the State Highway 23 north of the City limits. It should be noted that any alternative alignment would require review and approval from the California Department of Transportation (Caltrans), with a process that includes extensive public participation and environmental review. 1. Continued Use of Walnut Canyon Road /Moorpark Avenue The Toll Brothers and William Lyon Homes projects include a coordinated approach to widen and improve Walnut Canyon Road along their respective frontages as a two -lane highway. Staff will also be recommending that the Suncal applicant be required to construct improvements on Walnut Canyon Road north of Casey Road if the proposed project is to be approved. In addition, the Public Works Department is negotiating with a consultant for design and environmental services for a project to add a second southbound lane on Moorpark Avenue from Casey Road to Third Street. Although these improvements will help the flow of traffic along this route, they do not address the conflicts from numerous driveways on both Walnut Canyon Road and Moorpark Avenue. Many of these driveways require vehicles to back out on to the State Highway. Future traffic projections show these conflicts increasing, with an increase from 10,000 daily vehicles at present to 18,000 daily vehicles by the year 2020. If Walnut Canyon Road and Moorpark Avenue are to be used in the long term for the State Route 23, they should be reclassified in the Circulation Element from local collectors to arterials to accommodate the volume of projected traffic along this corridor. Neither road would currently comply with the arterial criteria for width (4 -6 lanes) or limited driveway access, and improvements would be both difficult and costly given the terrain and existing development. These limitations and the difficulty in resolving land use conflicts affect the Honorable City Council March 19, 2003 Page 3 ability for this alignment to adequately serve in the long term as an arterial route in the future. It should be noted that the near -term improvements along Walnut Canyon Road and Moorpark Avenue in the design and construction phases are needed to accommodate traffic from approved and planned projects along this corridor, even if an alternative alignment is selected for State Route 23. 2. Development of Spring Road between Walnut Canyon Road and Charles Street as part of Moorpark Highlands Specific Plan This alignment was considered as part of the Moorpark Highlands Specific Plan. Spring Road was approved to be extended as a four -lane road from High Street to Walnut Canyon Road. Concerns were raised at the project hearings by residents along Charles Street over the potential truck traffic conflicts by making Spring Road the preferable route for trucks traveling between the Grimes Canyon quarries and the SR- 118/23 freeways. (It is estimated that heavy trucks currently represent 150 of the trips on Walnut Canyon Road.) A condition was placed on the project for the Spring Road extension to be posted to not allow truck traffic. This condition would make its reclassification as a State Highway highly unlikely. This route represents the least -cost alternative to the City in that the improvements will be provided as part of the Moorpark Highlands Specific Plan. It also provides the most direct route for trucks from the quarries to the freeways, minimizing driveway conflicts and reducing the length of travel along Los Angeles Avenue /New Los Angeles Avenue. Development of this alignment would necessitate detailed study of projected traffic volumes and turning movements to create the best possible design for the intersection of Charles Street and Spring Road to optimize its operation. 3. Development of a Connection between East Los Angeles Avenue and Broadway via Crawford Canyon This alternative was presented to the City Council on October 30, 2002. Charles Abbott Associates provided an alignment study with an estimated cost of $23.4 million. A diagram of this alignment alternative is shown as Attachment 1. Although less expensive than the freeway Honorable City Council March 19, 2003 Page 4 connection shown in the Circulation Element, this still represents a significant construction cost. It is expected that most trucks using this alignment would connect to the freeway via East Los Angeles Avenue to the Princeton Avenue /Los Angeles Avenue on- ramps. The westbound on -ramp has very limited queuing at the present time. Significant truck volumes utilizing this on -ramp could cause congestion through the signal at Los Angeles Avenue and Condor Drive, with levels of services potentially declining to "E" or "F ". These impacts would reduce the potential acceptability of this alignment by Caltrans. It is possible that trucks going south on the SR -23 Freeway could use Spring Road south of Los Angeles Avenue, reducing this impact. However, the right turns of trucks from Crawford Canyon onto Los Angeles Avenue may impact traffic flow at this intersection given the length of time needed to turn and the limited sight distance. Finally, this route would involve grading in Coastal Sage Scrub habitat (currently a part of the Moorpark Highlands Specific Plan California Gnatcatcher Preserve) that could be avoided under Alternatives 1, 2, and 5. 4. Development of a Connection between East Los Angeles Avenue and Spring Road (in the Moorpark Highlands Specific Plan Area) via Crawford Canyon Using the SR -118 Reservation Land on the Moorpark Highlands Specific Plan This alternative could be developed at a lower cost than Alternative 3, since Spring Road would already be developed as part of the Moorpark Highlands Specific Plan. Pardee Homes has estimated the cost of this alternative at $13.6 million. A diagram of this alignment alternative is shown as Attachment 2. Approximately $3 million as estimated by Pardee Homes of this cost is related to the loss of 10 home sites created by the necessary transition of Spring Road to the SR -118 reservation land. Because development areas in the Moorpark Highlands Specific Plan would be affected by this alternative, environmental review and an amendment to the Specific Plan would be needed, along with a modification to the Tentative Tract Map. This review process could add considerable time to the process for Pardee Homes to obtain grading permits, 01001153 Honorable City Council March 19, 2003 Page 5 with no assurance that Caltrans would accept this alignment. With similar potential traffic conflicts as Alternative 3, the review process by Caltrans could take up to four years for an alignment study, traffic capacity study, Project Study Report, Project Report and Environmental Impact Report just for Caltrans to determine whether or not it would accept this alignment for State Highway 23. Another five or more years would be needed for Plans, Specifications and Estimates, right -of -way acquisition and construction. In addition to the impacts on Los Angeles Avenue, this design would create an awkward intersection between Spring Road, the Crawford Canyon road, and the North Hills Parkway, with all three meeting at about the same location. Finally, this design utilizes land reserved for an extension of the State Route 118. If the State Route 118 extension is built without a connection to the southbound SR -23 freeway from the west, this alternative route would be bisected by the extension, requiring two turning movements between Spring Road and East Los Angeles Avenue. Although traffic issues would be similar to Alternative 3, this alternative would involve more extensive grading and construction on Coastal Sage Scrub habitat in the Moorpark Highlands Specific Plan California Gnatcatcher Preserve. Approximately $2.7 million of the cost is for the purchase of habitat mitigation land at a 3 to 1 ratio for the estimated 24.5 acres impacted. Review of a revision to the Habitat Conservation Plan would be required by the California Regional Water Quality Control Board, California Department of Fish and Game, United States Department of Fish and Wildlife, and Army Corps of Engineers 5. Improvement of Grimes Canyon Road to State Highway Standards South of Broadway Grimes Canyon Road is developed as a 2 -lane road to County standards, with a relatively low volume of traffic contemplated. It has design constraints for use as a higher volume roadway that would require street widening and a remedy of both horizontal and vertical realignment problems. Upgrading this road would require widening 000154 Honorable City Council March 19, 2003 Page 6 bridges and culverts, relocating drainage ditches, installing paved shoulders and guardrails, and the construction of extensive retaining walls. In order to remedy grade problems at the railroad crossing just north of Los Angeles Avenue, both Los Angeles Avenue and Grimes Canyon Road would have to be raised about four feet. With all this work, it is staff's opinion that this alternative would not address the impact of truck traffic through the city. Almost 100% of trucks turning from Moorpark Avenue to Los Angeles Avenue turn left to access the freeway. Even if Grimes Canyon Road were a designated State Highway, most trucks would continue to use Walnut Canyon Road, unless truck restrictions were imposed. Even if truck restrictions were successfully imposed, this alignment would approximately double the length that trucks would have to travel through the city along Los Angeles Avenue to access the freeway. It is staff's opinion that, based on the analysis, the best long term alignment for State Route 23, in the absence of freeway bridges, is the Spring Road alignment. STAFF RECOI44ENDATION Direct staff to proceed with development of Spring Road as a future alignment for State Route 23. Attachments: 1. Alternative 3 alignment 2. Alternative 4 alignment Alternative 3 Broadway /Los Angeles Avenue Connection Broadway CC ATTACHMENT 1 000:156 Alternative 4 Walnut Canyon /Spring Road /Los Angeles Avenue Connection Broadway Championshi CC ATTACHMENT 2 J00:157 of ACTt -:, rCVe.Ie- (LO, i Via PY Moorpark City Council Agenda Report To: The Honorable City Council ?$— From: Kenneth C. Gilbert, Director of Public Works Date: March 6, 2003 (Council Meeting 3- 19 -03) Subject: Resolution No. 2003- Establishing a "Permit Only" Parking Zone on Flory Avenue DISCUSSION The planned construction of a residential subdivision at the northwest corner of Flory Avenue and Los Angeles Avenue, will cause the elimination of a number of parking spaces at the Moorpark Police Station. It is proposed that a "Permit Only" parking zone be established on Flory Avenue for Police Department personnel, in order to provide for the parking needs of this facility. The adoption of the attached Resolution will establish a "NO PARKING" zone along the east side of a portion Flory Avenue, as shown on the map attached to the Resolution as Exhibit A. This NO PARKING restriction would only be in effect between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. Vehicles with parking permits issued by the City would be exempt from this restriction. Parking Permits would be issued to Police Department personnel only. STAFF RECOMMENDATION Adopt Resolution No. 2003- (Exhibit 1) establishing a "Permit Only" parking zone on Flory Avenue. Attachments: Exhibit 1: Resolution Permit parking flory J "DU1 .5 8 Exhibit 1 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A "PERMIT ONLY" PARKING ZONE ON FLORY AVENUE WHEREAS, Section 22507 of the California Vehicle Code (CVC) authorizes a local agency to establish parking restrictions on any street or highway within its jurisdiction; and WHEREAS, said CVC Section also provides for the establishment of preferential parking privileges for residents or businesses adjacent to a street upon which any such parking restrictions have been established, which exempt any vehicle displaying a permit issued by the local agency, from said parking restriction; and WHEREAS, the City Council has determined that it is necessary and appropriate to establish certain parking restrictions and preferential parking privileges on certain streets within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A NO PARKING zone is hereby established on the east side of Flory Avenue, from a point approximately 250' north of Los Angeles Avenue to a point approximately 500' north of Los Angeles Avenue, as shown on Exhibit `A' attached hereto and made a part hereof. SECTION 2. Said parking prohibition shall only be effective between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. SECTION 3. Said parking prohibition shall not apply to any vehicle displaying a permit issued by the City exempting said vehicle from said parking prohibition. SECTION 4. Such parking permits may only be issued to Moorpark Police Department personnel. SECTION 5. A parking permit shall not exempt any "permitted" vehicle from the street sweeping parking restrictions established for Flory Avenue. 00059 Resolution No. 2003 - Page 2 SECTION 6. The City Manager is directed to cause the placement and maintenance of appropriate signs giving notice of these parking restrictions and regulations. SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah Traffenstedt, City Clerk J101 160 Resolution No. 2003 - Exhibit "A" Legend � No Parking 6:00 a.m. to 6:00 p.m. Monday through Friday Permits Exempt ST 1 O. SAC > — -,- cf) < THIRD ST. cn NDED FLORY O T— /ELED) (\j < Piz] -T- SCHOOL! U) L < 0 0 rr ST. HWY. 118 DOROTHY RUTH __j SARAH SUSAN 00(AG1 ' q. G. CY ",--V n r'f( ra ^•.)t" �'�, f �Fa;? f3'�'`TA of <f- C-1 SV,0 rvL<2- ZCV-1 � MOORPARK CITY COUNCIL 1 �` AGENDA REPORT 3y- TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1-105-F DATE: March 12, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Resolution and Letter in Support of Santa Monica Mountains Conservancy (SMMC) Advisory Committee Exemption from State Directive to Limit Meetings to Once Annually BACKGROUND AND DISCUSSION Councilmember Mikos currently represents the City of Moorpark on the SMMC Advisory Committee, which has had a practice of meeting monthly with the SMMC Board (typically, a total of ten or eleven meetings annually). Historically, Advisory Committee expenses have been nominal, since members serve without honorarium compensation, and expense reimbursement has been limited. In the Governor's Budget Summary (see Attachment 1), the Governor directed that all State advisory boards and commissions limit their meetings to one annually. The State Department of Finance subsequently issued Budget Letter No. 03 -02 (see Attachment 2) directing that all State advisory bodies are to limit their meetings to one annually as directed in the 2003 -04 Governor's Budget Summary. Councilmember Mikos is requesting that the City Council adopt a resolution (see Attachment 3) in support of an exemption for the SMMC Advisory Committee and also authorize the Mayor to sign a letter to the Governor (see Attachment 4). �OG162 Honorable City Council March 19, 2003 Regular Meeting Page 2 STAFF RECOWENDATION Adopt Resolution No. 2003- and authorize the Mayor to sign a letter in support of an exemption for the SMMC Advisory Committee from an order of the Governor to require State advisory bodies to limit meetings to once annually. 1. Governor's Budget Summary 2003 -2004, Page 216 2. State Department of Finance Budget Letter 03 -02 3. Draft Resolution 4. Draft Letter 01 (1) C G aj ATTACHMENT Controlling the Growth of State Government (GOVERNOR'S BUDGET SUMMARY 2003 -2004 PG. 216) During the past year, the Administration has intensified its effort to limit the growth of State government by imposing a hiring freeze on State employment and eliminating more than 6,000 positions that were vacant at the end of the last fiscal year. The hiring freeze will continue through this fiscal year. The Governor's Budget also proposes that more than 1,900 additional positions be eliminated as part of the specific program reductions proposed in this budget. These recent actions are in addition to the elimination of 4,100 vacant positions in 2000- 01,and 2,500 vacant positions in 2001 - 02.Summary Schedule 4 in the Appendices shows that much of the State workforce, more than 40 percent, is not under the direct control of the Administration —that is, staffing can increase with or without the approval of the Administration. Included within the remainder of the State workforce are the more than 65,000 positions in the departments whose primary function is to ensure the safety of the public: Department of Corrections, the California Youth Authority, the California Highway Patrol, and the Department of Forestry and Fire Protection. The Administration recognizes the important mission of the public safety agencies. Accordingly, the Administration has been careful to ensure that these agencies have an adequate workforce to respond to unexpected crises throughout its efforts to control the growth of the State workforce. While the overall workforce under the Administration's control has declined by more than 1, 800, the number of positions in the departments whose primary mission is public safety has increased by 1 percent over the past year and 7.5 percent since1999- OO.This Administration will be continuing its efforts to limit the size of the State workforce by seeking efficiencies and identifying functions and activities that the State should no longer be performing. Department of Personnel Administration (DPA)Staff —As a direct result of budget reduction proposals and the associated staff reductions and potential layoffs, DPA will experience increased grievance and appeal workload. To meet this additional workload, the Administration proposes 14.5 positions and $1.7 million General Fund in 2002 -03and $1.8 million General Fund in 2003 -04. Health and Dental Benefits for Annuitants —The Governor's Budget includes an increase of $83.9 million General Fund (from $576.6 million to$660.5 million) for vested annuitant health and dental benefits in 2003 -04 due to health premium increases and enrollment growth. Advisory Boards and Commissions —The Administration directs all advisory boards and commissions to limit their meetings to one annually. OC) 164 ATTACHMENT A BUDGET E TT E R NUMBER: 03 -02 rUBJECT: ANNUAL MEETINGS FOR STATE ADVISORY BOARDS AND DATE ISSUED: COMMISSIONS January 29, 2003 REFERENCES: TO: Agency Secretaries Department Directors Department Budget Officers Department of Finance Budget Staff FROM: DEPARTMENT OF FINANCE SUPERSEDES: Budget Officers are requested to forward a copy of this budget letter to Departmental advisory board and commission members. As directed in the 2003 -04 Governor's Budget Summary (page 216), all State advisory bodies are to limit their meetings to one annually, if such limitation does not require statutory change. This practice should produce savings and contribute to the solutions to the budgetary shortfall. All advisory bodies are requested to implement this new practice as soon as possible. Per Government Code Section 13337.3 (a) (1), "Advisory body" means every board, bureau, commission, committee, panel, task force, or similar group created by statute or executive order whose principal function is to review, advise, plan, advocate, or promote. If you have any questions, please contact your Finance budget analyst. BETTY T. YEE Chief Deputy Director STATE OF CALIFORNIA �) CICIIJLGS ATTACHMENT 3 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REQUESTING AN EXEMPTION FOR THE SANTA MONICA MOUNTAINS CONSERVANCY (SMMC) ADVISORY COMMITTEE FROM AN ORDER OF THE GOVERNOR OF THE STATE OF CALIFORNIA REQUIRING STATE ADVISORY BODIES TO LIMIT MEETINGS TO ONCE ANNUALLY WHEREAS, Governor Davis has stated as a part of his Budget Summary: "The Administration directs all advisory boards and commissions to limit their meetings to one annually "; and WHEREAS, the State Department of Finance has issued Budget Letter Number 03 -02 directing all State advisory bodies to so limit their meetings; and WHEREAS, the SMMC Advisory Committee currently falls under this directive from the Governor and Department of Finance; and WHEREAS, the City of Moorpark is represented on the SMMC Advisory Committee; and WHEREAS, the practice of the SMMC Advisory Committee for the past fifteen years has been to meet jointly with the SMMC Board monthly (typically a total of ten or eleven meetings annually); and WHEREAS, matters of critical and timely interest to the City of Moorpark as well as other cities that value local control are brought forth for consideration by the SMMC Advisory Committee; and WHEREAS, although SMMC Advisory Committee members are entitled to reimbursement for "necessary expenses ", most members do not seek reimbursement for these expenses and as a result the expenses for the SMMC Advisory Committee have been nominal and typically limited to: (1) mailing meeting materials; (2) transportation of the SMMC Advisory Committee members for field trips; and (3) dinners provided to SMMC Advisory Committee members; and WHEREAS, the importance of continuing to meet regularly far associated with the meetings; and the SMMC Advisory Committee outweighs the nominal costs 000166 Resolution No. 2003 - Page 2 WHEREAS, the stated duties of the SMMC Advisory Committee under Public Resources Code Section 33213 are to: "(1) Propose and review projects for conservancy action and report to the conservancy regarding the conformity of the projects with the plan, (2) Review proposed amendments to the plan, and (3) Provide opportunities for public participation. ", and such duties cannot be carried out fully with only one meeting per year; and WHEREAS, such participation is at the heart of representative democracy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Moorpark hereby requests that the Governor of the State of California grant an exemption for the SMMC Advisory Committee from the policy of limiting State advisory committee meetings to once annually. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 100J.67 OFFICE OF THE MAYOR March 20, 2003 The Honorable Gray Davis Governor State of California State Capitol Building Sacramento, CA 95814 Dear Governor Davis: ATTACHMENT, The Moorpark City Council is respectfully requesting that you exempt the Santa Monica Mountains Conservancy (SMMC) Advisory Committee from your newly- issued directive through the Department of Finance that Advisory Committees meet only once annually. The SMMC Advisory Committee has had a practice of meeting monthly (typically, a total of ten or eleven meetings annually). They meet together with the SMMC Board and conduct business necessary to this City and other surrounding cities in Ventura and Los Angeles Counties pertaining to preservation of open space land and increasing recreational opportunities in the SMMC Zone /Rim of the Valley Trail Corridor - -of which the City of Moorpark is a part. A number of properties in and around Moorpark appear on the SMMC adopted Work Program or are currently being managed by the SMMC. This underscores the importance of maintaining active City representation at joint SMMC Board and Advisory Committee meetings, to comply with Public Resources Code 33213. The geographic size of the SMMC Zone /Rim of the Valley Trail Corridor is large, spanning at least 60+ miles from inland mountains to the sea and upwards of 1,500 square miles. We believe it is unwise and practically impossible to expect SMMC Board Members to have sufficient knowledge of this entire area without the benefit of timely discussion and debate by the local Advisory Committee members, who best know the local conditions, and are most qualified to provide the necessary information to lead to meaningful SMMC Board decisions based on the best evidence for the many areas under consideration. 300168 The Honorable Gray Davis March 20, 2003 Page 2 Historically, Advisory Committee expenses have been nominal, since members serve without honorarium compensation, and expense reimbursement has been limited. It is our understanding that no Advisory Committee member in the history of this body has ever even requested mileage reimbursement. Therefore, unlike some advisory boards, the SMMC Advisory Committee does not add materially to the cost of SMMC Board meetings. In summary, the presence of the Advisory Committee at each SMMC Board meeting provides important and current input to the Board on projects under consideration. Since the status of projects listed in the Annual Work Program is fluid and constantly changing, a single annual review by the Advisory Committee would be of limited assistance. In fact, the City does not believe that the Advisory Committee can adequately carry out its required duties under the Public Resources Code if restricted to only one meeting per year. Thank you for your consideration of the City Council's request to allow the SMMC Advisory Committee to continue making its valuable contribution through its joint meetings with the SMMC Board. Sincerely, Patrick Hunter Mayor Enclosure: City Council Resolution No. 2003- cc: Senator Tom McClintock Assembly Member Tony Strickland Steve Peace, Director, State Department of Joseph Edmiston, Executive Director, Santa Conservancy Honorable City Council Finance Monica Mountains 00169 1TE-M , AC" N c4 ce- j-p - -- c�3 - ------ MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM/City Clerk DATE: March 12, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Scheduling of the Summer Meeting Recess BACKGROUND AND DISCUSSION Staff is requesting that the 2003 recess schedule. Staff either the July 16 or August either meeting would provide both the July 16 and August recess. STAFF RECOMMENDATION City Council determine the summer is recommending cancellation of regular meeting. Cancellation of a 5-week recess. Cancellation of meetings would provide a 7-week Direct staff to post a notice of meeting cancellation for either the July 16 or August 6, 2003, regular meeting. 000:170 T RN , .. , ...' -ice .�.. -(a .t: •: =nr_— ...,,..sa.+r�. - -w�.. _�- -a-� -; It AC 01---&0 MINUTES OF THE CITY COUNCIL aoi Mooro�r --1 a February 5, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on February 5, 2003, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:45 p.m. Mayor Hunter asked that everyone join the Council in a brief moment of silence in memory of the space shuttle Columbia and the crew of seven heroic astronauts. 2. PLEDGE OF ALLEGIANCE: Captain Richard Diaz, from the Ventura County Sheriff's Department, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager (arrived at 7:45 p.m.); Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Cynthia Borchard, Administrative Services Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Dave Bobardt, Planning Manager; Mike Mathews, Senior Management Analyst; Nancy Burns, Senior Management Analyst; John Brand, Senior Management Analyst (arrived at 7:35 p.m.); Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. �)' 0�`I17 1.. Minutes of the City Council Moorpark, California Page 2 February 5, 2003 AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 6:47 p.m. The City Council meeting reconvened at 6:53 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.8, Items to be withdrawn from the Consent Calendar shall be identified at this time.) Councilmember Mikos requested that Item 10.I. be pulled from the Consent Calendar for individual discussion. Mr. Riley requested that Item 10.H. be pulled from the Consent Calendar for individual discussion. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARING: A. Consider Adoption of a Resolution Establishing a "Parking in Excess of One -Hour by Permit Only" Zone on Imbach Place and a Portion of Borges Drive. Staff Recommendation: Adopt Resolution 2003 -2048 establishing a "One -Hour Parking - Permits Exempt" zone on Imbach Place and Borges Drive. Mr. Mathews gave the staff report. Mayor Hunter opened the public hearing. Ms. Traffenstedt summarized a written statement from Robert Frank, a Moorpark resident, supporting staff's recommendation and citing safety concerns, illegal u- turns, and dumping of trash by students parking on Imbach Place and Borges Drive. In response to questions from Council, Mr. Matthews indicated that enforcement should not be a problem on the south side of Borges Drive, west of Alumni Way, since there will be signs posted at that location to indicate the area within the restricted zone; and if the parking problem migrates further west, another 000J." 2 Minutes of the City Council Moorpark, California Page 3 February 5, 2003 petition from those affected, would be required to extend the zone. In response to Mayor Hunter, Mr. Riley confirmed that the source of funds for the city to assist in this effort will come from the gas tax fund. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2048 establishing a "Parking in Excess of One -Hour Parking - Permits Exempt" zone on Imbach Place and Borges Drive. The motion carried by unanimous voice vote. B. Consider Adoption of a Resolution Declaring the Private Access Roads and Parking Facilities at the Moorpark Marketplace (T- 5321), Located at the Southeast Corner of Miller Parkway and New Los Angeles Avenue, to be Subject to the Provisions of the California Vehicle Code. Staff Recommendation: Adopt Resolution No. 2003 -2049. Mr. Mathews gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2049. The motion carried by unanimous voice vote. C. Consider Proposals for Community Development Block Grant (CDBG) Funds (Approximately $197,623) for Fiscal Year 2003/2004. Staff Recommendation: 1) Open public hearing and receive public testimony for consideration in the appropriation of FY 2003/2004 CDBG funds estimated to total approximately $197,623, and close public hearing; 2) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the �)OC,73 Minutes of the City Council Moorpark, California Page 4 February 5, 2003 regular meeting scheduled for March 5, 2003; and 3) Continue this item to the meeting of March 5, 2003. Councilmember Mikos disclosed to the Mayor, fellow Councilmembers, and the public that per Government Code, Section 1091,... she is publicly disclosing that she is a member of the Board of Directors of the Commission on Human Concerns, serving as one of the statutorily required public members and representing the 4th Supervisorial District, as appointed by Supervisor Mikels. The Commission on Human Concerns, one of the applicants for CDBG funding for this item, is a 501(c) (3) non - profit corporation, and is Ventura County's officially designated Community Action Agency serving the poor and less fortunate across Ventura County since 1965 with the following mission: "Helping people through advocacy and services which promote dignity and self- sufficiency." As a Board Member for the Commission, per Government Code Section 1091, she is said to have a "remote interest" and therefore is allowed to.... and will fully participate in all discussions and deliberations for this item under the "remote interest" exemption relative to potential contracts for non - profits. She stated she may even vote on the item, but her vote cannot be counted toward any decision about a potential contract for the Commission on Human Concerns. She went on to state that she may however vote (and have her vote count) on potential contracts for any of the other applicants. Ms. Burns gave the staff report. Mayor Hunter opened the public hearing. Thomas Wadsworth, Assistant Director for the Senior Nutrition Program for the County of Ventura, described services provided to seniors in Moorpark and requested support from the Council for a $13,000 grant. Jim Mangis, Executive Director for Food Share, described services and programs providing food to the needy in Moorpark through their Brown Bag for Seniors program and requested support from the Council for a grant of $2,000. He went on to request assistance in the amount of $16,825 to enable their Expansion Project to move forward to acquire new equipment. Minutes of the City Council Moorpark. California Paae 5 February 5. 2003 Joy Thormodsgard, representing Consumer Credit Counseling described the "Getting Financially Fit" program offered to help individuals find ways to handle debt and requested support from the Council for a grant of $8,010 to offer six workshops to help consumers become homeowners and seniors to stay in their own homes. Lee Riggan, representing the Commission on Human Concerns, described the legal services offered to assist with divorce, child custody, child support, spousal support, guardianship, adoption, and landlord /tenant issues for the needy in Ventura County and requested support from the Council for a grant of $13,013. Jim Stueck, Board member and incoming Chairman for the Long Term Care Ombudsman Program, described services offered to the elderly, including checking on nursing home care and two hospice facilities located in Moorpark. He requested support from the Council for a $2,000 grant. Mayor Hunter concurred with Co comments that: the Budget and need to review all of the grant recommendation to the Council; more dollars to distribute; and all of the agencies for making community. ancilmember Millhouse's Finance Committee will requests and prepare a he wished there were that he is thankful to Moorpark such a great Councilmember Harper expressed his frustration that only 150 of the city's annual share of Community Development Block Grant Funds can be allocated to Public Service funding and he hopes that someday that amount will change. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to: 1) Refer this matter to the Budget and Finance Committee for review prior to the next regularly scheduled Council meeting, directing the Committee to prepare a recommendation for final appropriations for Council's consideration at the regular meeting scheduled for March 5, 2003; and 2) Continue this r .5 Minutes of the City Council Moorpark, California Page 6 February 5, 2003 item to the meeting of March 5, 2003. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Providing Comments on Possible Unmet Transit Needs to the Ventura County Transportation Commission and Receive Report on Unmet Transit Needs Findings and Goals. Staff Recommendation: Receive comments and direct staff to forward them to the VCTC. Ms. Lindley gave the staff report. A discussion among the Councilmembers and staff focused on: the need to present Moorpark residents' comments to the VCTC prior to its deliberation on unmet transit needs; reformatting Moorpark's report card for easier reading; advertising locations to notify the community to submit comments on unmet transit needs for next year's report card; and direction to send a letter to VCTC transmitting unmet transit needs in Moorpark. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Mikos suggested: adding a section on Moorpark's report card for additional findings that are not part of meeting goals, which show accomplishments such as the recent installation of bus stops in a more attractive style and easier to read signage, or the newly redesigned color bus route map; adding the report card to the city's website earlier in the year so the public can see what was accomplished the previous year; and identifying the VCTC goals that are not applicable to Moorpark. She went on to state that as public officials it is important to get public input on unmet needs as everyone is getting older and will need this type of transportation in the future. Councilmember Millhouse stated that it is important to raise public awareness, since at a recent subcommittee meeting of the VCTC only one resident from Moorpark was present to testify about unmet transit needs. He encouraged the public to visit the website for Ventura Minutes of the City Council Moorpark, California Page 7 February 5, 2003 County VCTC and supplied the time and place of the next VCTC meeting. Councilmember Mikos stated that set by the VCTC, are not all car year, which is inappropriate statutorily required process. unaccomplished goals need to disclosing a reason why they were unaccomplished goals ried over to the next since this is a She emphasized that be carried forward not met. CONSENSUS: It was the consensus of the Council to direct staff to send a letter to the Ventura County Transportation Commission prior to the close of the comment period for unmet transit needs on February 14, 2003, to include Moorpark's report card and to request that unaccomplished VCTC goals be carried forward disclosing a reason why they were not met. B. Consider Ordinance Amending Title 6 Animal Control, Chapter 6, to Require Persons Walking a Dog on Public Property to Carry a Container or Instrument to Remove and Dispose of Dog Feces and to Reflect the Authority of City Staff to Enforce Certain Provisions of the Moorpark Municipal Code and State Statutes. Staff Recommendation: Introduce Ordinance 291 (Option "A ") for first reading and waive full reading of the ordinance. Mr. Brand gave the staff report. In response to Council questions, Mr. Brand responded by stating that: staff would be given direction by the City Manager on operational means of enforcement at the time of the second reading of the ordinance; when a child is involved in a violation, an explanatory letter would be sent to educate the dog's owner regarding the code; and that the cleanup kits /bags come in a variety of sizes and shapes, cost a few cents, are available at pet stores, and can be made available in more locations throughout the city including city hall. Mayor Hunter asked the Council to support Option B and revisit this issue in 12- months to see how effective it is, rather than Option A, which would be difficult to enforce. Minutes of the City Council Moorpark, California Page 8 February 5, 2003 In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Ms. Traffenstedt read the title of Ordinance No. 291. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to waive further reading of Ordinance No. 291. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to introduce Ordinance No. 291 Option B for first reading. The motion carried by unanimous voice vote. C. Consider Approval of Plans and Specifications for the Construction of Arroyo Vista Community Park Phase II. Staff Recommendation: Approve the construction plans and specifications for AVCP Phase II, and authorize staff to proceed with the bid process for this project. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. In response to Mayor Hunter, Ms. Lindley confirmed that the $12,000 required for ball field lights would be offset by revenues. Councilmember Millhouse stated that a meeting was held with youth sports organizations to discuss impact on scheduling and coordinating all of AVCP plans, which will help serve a tremendous number of youth in the community. MOTION: Councilmember Hillhouse moved and Councilmember Harper seconded a motion to approve the construction plans and specifications for Arroyo Vista Community Park Phase II, and authorize staff to proceed with the bid process for this project. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 9 February 5, 2003 D. Consider Scheduling of Joint City Council /Planning Commission and Joint City Council /Parks and Recreation Commission Meetings. Staff Recommendation: Direct staff as deemed appropriate regarding the dates for the joint meetings and agenda topics to be included. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A discussion among the Councilmember and staff followed to determine dates for holding the joint meetings. CONSENSUS: It was the consensus of the Council to schedule a joint City Council/ Planning Commission meeting to be held at 6:30 p.m. on February 26, 2003, and to schedule a joint City Council /Parks and Recreation Commission meeting to be held on March 12, 2003. E. Consider Budget 2003 -2004 Budget Update. Staff Recommendation: Direct staff as deemed appropriate. Mr. Riley reported that the Budget and Finance Committee members Mayor Patrick Hunter and Councilmember Clint Harper had met earlier in the evening and have provided the Council with an outline of discussion topics they will be deliberating and on which the Council may wish to make comments. He stated that the committee will continue to keep the Council informed of new topics and areas of concern such as the governor's recent announcement of his intent to veto Assembly Bill (AB) 14X related to Vehicle License Fees (VLF). In response to Councilmember Mikos, Mr. Riley stated that it does not appear that there are enough votes to override the governor's veto of AB 14X. Councilmember Mikos provided a brief history of the creation of the VLF and explained that those funds were committed specifically to local governments so that the state could not take them away. She explained why the Council is so concerned that the state may not honor their commitment and decide to �;, Minutes of the City Council Moorpark, California Page 10 February 5, 2003 take these funds from cities and counties which have set them aside for future community improvements and services. She indicated that the City Newsletter will provide quarterly updates to the public on how the VLF is affected by the state's budget cuts. Councilmember Millhouse stated that the cities will continue to fight to keep their share of the money so that it stays local. Councilmember Harper stated that the city of Moorpark is financially healthy and has sufficient reserves for the near term without reductions in public safety or limitations in the number of hours the parks are open. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to continue to keep the Council and the public informed on a regular basis of impacts created by the state budget crisis. F. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2002/2003 and Direction for Fiscal Year 2003/2004. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny gave the mid -year report. He suggested that the priority for a secondary vehicular access at Arroyo Vista Community Park be removed from Priority No. 7 due to the expense. In response to Council questions, Mr. Kueny identified completed objectives and those that would be completed before the end of the fiscal year; described recent discussions with the Ventura County Fire District where they expressed their preference for a new fire station site to be east of the public terminus of Campus Park Drive; stated that not enough priority has been given to the design of a well defined city entry sign, and stated that the improvements to Los Angeles Avenue and Old Los Angeles Avenue are not mutually exclusive. Minutes of the City Council Moorpark, California Page 11 February 5, 2003 A discussion among the Councilmembers followed, which resulted in a decision to eliminate from Priority No. 7, the requirement for evaluating the feasibility of a second vehicular access to Arroyo Vista Community Park Phase II, and to instead include it as an Objective to explore a secondary access to the park from other than Tierra Rejada Road. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to direct staff to retain the top 10 priorities as listed with modification to No. 7 and to eliminate objectives from the list as they are completed. 10. CONSENT CALENDAR: Councilmember Mikos stated that she would also like Item 10.G. pulled for individual consideration. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Items 10.G., 10.H., and 10.I., which were pulled for individual consideration The motion carried by unanimous roll call vote. A. Consider Approval of Minutes for Regular Meeting of December 5, 2001. Consider Approval of Minutes for Special Meeting of January 8, 2003. Consider Approval of Minutes for Regular Meeting of January 15, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - February 5, 2003. Manual Warrants 111665 - 111672 & $ 82,079.06 Voided Warrant 111496 & 111799 $ (85.00) Payroll Liability 111657 - 111664 $ 15,419.44 Warrants 111770 - 111776 $ 10,675.67 Minutes of the City Council Moorpark, California Paae 12 February 5, 2003 Regular Warrants 111673 - 111769 & $ 53,588.22 111777 - 111870 $ 685,533.16 Staff Recommendation: Approve the warrant register. C. Consider Bids for the Construction of the 2002 Curb Ramp Project. Staff Recommendation: Approve the selection of Sub Zero Excavating, Inc. to construct the subject project. D. Consider Rejection of Claim: Donald and Ardelle Bahl. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimants. E. Consider Extension of Term for both City of Moorpark Public Appointees to Ventura County Area Housing Authority from Current Expiration Dates of February 24 and August 2, 2003, to August 31, 2003. Staff Recommendation: Approve the extension of the appointment term for both positions to August 31, 2003. F. Consider Granting Additional Vacation Leave to Assistant City Manager. Staff Recommendation: Approve granting of additional vacation leave to the Assistant City Manager. J. Consider Bond Reduction for TOLL CA L.P., Tract 4928 -1 and Tract 4928 -2. Staff Recommendation: Authorize the City Clerk to reduce sureties #29148903 and #929140606 as outlined. K. Consider Replacement of Kawasaki Motorcycles with Bavarian Motor Works (BMW) Motorcycles and Adoption of a Resolution Amending the Fiscal Year 2002/03 Budget to Allocate $22,875.67 from the Equipment Replacement Fund for the Purchase of a BMW Motorcvcle. Staff Recommendation: 1) Approve the purchase of one BMW R1150 RT -P law enforcement motorcycle at a total cost of $22,875.67 to replace Kawasaki motorcycle #9254, with approximately 37,000 miles, and adopt Resolution No. 2003 -2050, amending the FY 2002/03 budget (ROLL CALL VOTE REQUIRED) ; 2) Direct staff to budget for the replacement of Kawasaki motorcycle #9955, with 26,000 miles, in the FY 2003/04 budget; and 3) Direct staff Minutes of the City Council Moorpark, California Paqe 13 February 5, 2003 to enter into a contract with BMW for the guaranteed buy -back program, which requires BMW to re- purchase the motorcycle at the end of three years, and to apply the buy -back payment towards the purchase of subsequent BMW motorcycles. The following items were pulled for individual consideration: G. Consider Approval of Design Plans and Construction Specifications for Metrolink Station Landscape Project. Staff Recommendation: Approve the design plans and construction specifications for landscape improvements at the Metrolink Station and authorize staff to issue an RFP for project construction. Councilmember Mikos expressed disappointment that the plant palette was not reviewed earlier to make sure that native species were included. Discussion among the Councilmembers and staff followed regarding whether to continue this item to a future meeting in order to review the plant palette or to go forward with the bid process and change the plant species during construction. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to approve the design plans and construction specifications for landscape improvements at the Metrolink Station, with direction to consider adding native plant species; and authorize staff to issue an RFP for project construction. The motion carried by unanimous voice vote. H. Consider Approval of the 2003 Agreement for Services with the Moorpark Chamber of Commerce. Staff Recommendation: 1) Approve and authorize the City Manager to sign the 2003 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 be released upon its approval by the City Council. Mr. Riley asked that this item be continued to the February 19, 2003, meeting due to the arrival of late correspondence from the Chamber of Commerce. Minutes of the City Council Moorpark, California Page 14 February 5, 2003 CONSENSUS: It was the consensus of the Council to continue this matter to the February 19, 2003, meeting. I. Consider Setting a Joint City Council /Planning Commission Public Workshop to Discuss the North Park Specific Plan Project and Review Process: General Plan Amendment No. 2001 -05, Specific Plan No. 2001 -01, and Zone Change No. 2001 -02. Staff Recommendation: Set a joint public workshop of the City Council and Planning Commission for February 26, 2003, to begin at 6:30 p.m. to discuss the North Park Specific Plan project and review process. Councilmember Mikos expressed concern regarding the limited number of public hearings shown on the draft schedule. She also requested that all future North Park items be agendized, to allow the public to provide input, under Presentation /Action /Discussion. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to set a joint public workshop of the City Council and Planning Commission for February 26, 2003, to begin at 6:30 p.m. to discuss the North Park Specific Plan project and review process, and that all future North Park items be agendized under Presentation /Action /Discussion to allow for public participation. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for Items 12.C. and 12.E. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adjourn to closed session for a discussion of Items 12.C. and 12.E. on the agenda. The motion carried by unanimous voice vote. The time was 8:50 p.m. Minutes of the City Council Moorpark, California Paqe 15 February 5, 2003 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 E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 093 -080, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Benjamin and Peter Duarte Under Negotiation: Price and terms of payment. Present in closed session were Councilmembers Harper, Mikos, Millhouse, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 9:08 p.m. Mr. Kueny stated that Items 12.C. and 12.E. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:08 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk MINUTES OF THE CITY COUNCIL Moorpark, California March 5, 2003 A Special Meeting of the City Council of the City of Moorpark was held on March 5, 2003, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:06 p.m. 2. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; Captain Richard Diaz, Sheriff's Department; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Ordinance Amending Title 10, Vehicles and Traffic, by Adding New Chapter 10.20, Skateboard, Motorized Skateboard, Motorized Scooter, Roller Skate and In -Line Skate Regulations: Staff Recommendation: Introduce Ordinance No. 292 for first reading and waive full reading of the ordinance. Mayor Hunter discussed the problems experienced by Moorpark Presbyterian Church with trespassing and skateboard use. He spoke in support of the draft ordinance, but expressed concern regarding the size of the sign. Discussion among the Councilmembers and staff followed regarding the size and color of the sign. Minutes of the City Council Moorpark, California Pacae 2 March 5, 2003 Mayor Hunter summarized the agreed upon revisions to the ordinance to include: 1) The addition of the word "scooter" to the title and text to clarify that scooter and motorized scooter use would be prohibited where proper notice was given, and 2) language was also to be added to the ordinance to clarify that stencil and sign notice shall be provided in contrasting black or white lettering. In response to Mayor Hunter, Ms. Traffenstedt read the title of Ordinance No. 292. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 292. The motion carried by unanimous voice vote. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to introduce Ordinance No. 292 for first reading. The motion carried by unanimous voice vote. B. Consider Authorizing Submittal of an Application for the Santa Monica Mountains Conservancy Proposition 40 Matching Grant Program for Open Space Acquisition, including Adoption of a Resolution. Staff Recommendation: Authorize grant application and adopt Resolution No. 2003- Councilmember Mikos gave the staff report. Mr. Kueny stated that it is be able to meet the first discussed prior open space stated that this program seller. Mr. Kueny recommenc application submittal date. not likely the City will submittal deadline. He acquisition efforts and will require a willing ied waiting for the second CONSENSUS: By consensus, the Council determined to take no action at this time. 000187 Minutes of the City Council Mooroark, California Page 3 March 5, 2003 5. ADJOURNMENT: Mayor Hunter adjourned the meeting at 6:39 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk �� �� ���� � 0 . �� -.�.�, �.j� :�� CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF MARCH 19, 2003 CHECK I ISSUE NUMBERI DATE VENDOR STATUS DESCRIPTION TOTAL _ I _ 112074 3/5%2003 SUN! GARD PENTAMATI�(N INC _ V _ 12/02 &01/03 Dataline�vc CllentC TR_eg _ (857.73) 112 33 2/26 /200�UNOARD PENTAMATION INC M _1/1 3-15 Client Coef Reg -CBor iar�c _ 595.00 1121342/26/2003 ffffffMN�ARO PENTAMATION INS _ �_ _M �12/02�01%03 Dataline0vc _ _ 262.73 112135 T 3/5/2003 IF�RTSBENEFITS IN-SURAN_�E_ M- 103103 Dental, L�Insurance _ _ _ _ 5,331.75 112136 3/5%2003 METLI� $MALL BUSINE-S CE _ M 103/03 LTD &SAD Insurance _ _ _ 1,452.40 112137 3/5/2003 ASUNC�N�EBILE _ M Reimbursement DMV Report 5.00 -� - -- 11 38 311/2003 �AC50UNTEMP9 I R Szabo -Wk Ending ?J14 _ _ _ _ 720.00 - -•- 112139 3%11/2003 I CURATE ANSWE�RINGSERVIC _ _ R 03/03 -An swenng &-F ax6vc. � _ 70.75 112140 -3l11/2003 - CURATE INDUSTRIAL SI�PPL R Parks Maint Supplies & AVCP Skateramp repair - - 82. 9 9 112141 3/11/2003 IAMURATE WELDING _ R � nFstrutor sign posts - - 10.73 112-142 311%2003 AN --WIL BAGCO _ R PW cold patch asphalt _ _ _ _ _ 402.69 112143 3/11/2003RCRWIRELES9 R 03/03 Pagers - Al�epartments _ _ _ 151.$8 11-f2 44 1 3/11%2003 LTGHi1 =NIN1 G P�V1lD_ER COMP�IY I.- R -IMpk PD Cleaning6upplies- 101.75 112145 13/Y1/20O3 A AAD, MAAF K _ _ _ R _ ReEr d -Cit #164723 _ _ _ _ _ _ _ 50.00 ll 2143 311l20036ECOFIINA, ALISON _ R Refund -Cit #16174.3 _ _ -_ I_ _50.00 112147 J311/2003TBELU�SALMA TO�t Y R �1 -2/03 Sr Mileage reimbursement_ _ _ _ _59.86 112148 311!2003 ,BIRELL, PHIL A. _ _ _ R 4%3 Sr�olunteeRecognition_ _ _ _ _50.00 112149 _3!11!2003 BUS TOZ, B�ERLY _ R _Refund- Cit164781 L _ 50.00 112150 3/11/2003 C_ALI ORNIA FI ANOIAL CRIM _� R 2�3 PD Membership Dues - Larsen & Jenkinson ! 70.00 X151 1 3!11!2003 ALIFORN A JOINT PDWERS _ R 5/21- 23S�ont Ceja &�sillas _ _ 680.00 1 T 2152 3111 /22003 CAPPO, INC. _ _ R J Figueroa 2003 Dues _ _ _ _ _ 90.00 12153 3/11/2003 CHANE -1 WEZDIMG ' _ _ I R Porn- exter Park Bollards _ _ 69.71 112154 3/11/2003 CREVRON USA 1NC _ _ R - Vector 6 trol Fuel - 52.86 112155 :911/2803 .-CRIC-A-GO TI LE COMPANY _ R Purchase Mobi eeH0me0p #10 _ _ x_2,425.00 112156 13/1' /2003 I✓TTYi MDORPARK _ R -IMisc Petty Cash Expenditures 445.94 112 -157 3M1 /2003 �ASTT L PIPC� _ -_ +_ R Parks Quick Couplers - _ _ _ _ _ 33.94 12158 3 /11/2003�OMP0WAVE R FNeatgear DSL Modem_ _ 10618 112159 3/11/2003 (CREATIVE WOO WOORKS--]N6_ R (Refund -wit #170288 _ 4080 112160 3/11/2003 CRUAZLEGUI, YVETTE _ _ R _Refund -f #164911 _ _ -40.00 1 12161 3/11%2003 DATA BYTE�NTRAL I�f C_ R Misc Office applies_ _ _ 928.84 112162 3/ 2003 bE-m- ERIE, WENDI Ft �RetimdSit #161569 40.00 112163 3/11!2003 DEPTH P TI�,`IDE REGIZAT R 04l03Z�ualiPied Pesticide Test - Mendel& ----e� - 50.00 112164 3T11/2003 (DNA ELECTRIC _ _ R 100 High St Electrical Repair 244.00 112165 '311/2003'ZSUBLE PRINTS-PHOTO _R Sr Ctr, Parks, PD &3E0 Film Developing 247.33 112166 3111/2003 FAIR NT-II OT-EL _ _ I 'R 3 /19- 226PR3Conference Lodggingg -Shaw j _ _546.75 112167 3/11%2003 AIRMONT HOTEL _ 1- R 3/19 -22�P� Conference Lod m -Ha _ 546.75 1 (2168 1 37111/200 ' FAIi2MUNT BOTE- _ R 3%19 -22 CPRS�nferenceZodgingNartnett _ 546.75 11216 13/11/200 E0ERAL 5E CPRESS CORP R 1Monthly Federaf Express costs _ _ _ 137_.22 1121703 /11/20 OF FREDPRYORSEMINA� R ICustom_erSvcConl- 5�illas 99.00 112171 /11/2003 GARY M HALL _ _ �_ R SP - Conf Meals3Expenses _ _ _ _ 245.00 112172 3/11/2003 HARTNET , Jb�l N_ _ _ _ R R�Conf Meals6Mileage 364.50 1121.73 3/11/ 003 HSAN, BARRY K _ R i Planners Institute-Conf Meals Mileage 263.56 112 74 3/1172003 HUMME DEPOT -GEDF _ -_ R AVR� Door W_ eatherguard &Teen Event Suppf _149.41 -- 112178 '.-T-1-1/20-on �US�AN71ARY8UPPLY _ _ _ R & AVM Cleaning Supplies - - 895.36 112176 3/11/2003 INSDUOTRIAL SERVICEZSE_NTER r R Veh #5 Electrical Repairs _ _ 191.24 112177 3/102003 NDI , KIP A R 1Planners Institute Co -Meals & Milea a 263.56 -- g - - 6 11T1 78 3/ 2003 LAULETTA, DAVID R (Planners Institute C�Meals & Milea e _ 263.56 . - 112179 3/1172003 LEXN MATTHEW BEND-ER_ R MunicipalDode6upplies _ _ 55.50 112180 311/2003 AA�N INTERNAT�AL R r Ctr Volunteer Recognition applies 183.59 112181 3/11%2003 MANCI STER GRAND HYAT T SA _ R 13/19 -22 Planners Institute Lodging -Hogan I-_ 59430 112182 3/1-1/2003 MANCHESTER GRAND HYATT SA R .3/19 -22 Planners Institute Lodging- Landis 594.00 112183 3/1/2003 MANCHESTER GRAND- II-YATT SA -_ R 13/19 -22 Planners Institute Lodging- Lauletta 594.00 - - - -. - - - - -. -.. -.. - - - 112184 3/11/2003 MA CHESTER GRAND HYATTSA _ R 3/�9 -22 Planne�nstitute Lodging - Peskay _ _ 594.00 112185 1 3/11%2003 MANCH-E-S"fER GRAND I- MATT-SA R 3/19 -22 Planners Institute Lodging =Pozza _ _594.00 112186 311%2003 MCMASTE=R, SHAWN R -04%03 Sr Ctr Volunteer Event 175.00 112187 1-30-1/2-0-03- MDORPARK AUT O NP-A & LOBE �_ R. -PW,XGuard,-PD & Parksar Washes& il_ _ _ 395.77 1112186-r.311--l-V20 03 ;NEW AVENUE IND-!l STRS, I�1 _ R IParksComm Fac Suety ,loves 232.79 112189 '311/2006 NORTH OAA S AUTO PARTS R PD,PW &Parks Vehicle Parts I 287.82 CITY OF MOORPARK WARRANT REGISTER FISCAL YEAR 2002 -03 CITY COUNCIL MEETING OF MARCH 19, 2003 CHECK ISSUE NUMBER DATE VENDOR STATUS DESCRIPTION TOTAL _ I _ _ _ I _ _ mp Recognition ropy Assembly/Plaque _ i_ _ .4 112191 1 3/11/2003 PACIFICBELL/WORLDC -M _ _ R 101/03 Long Distance Phone Bills -A11 Depts _ _ 712.25 112192 -I - -- -:- -- - - - -- 3/11/2003 PARK LANE CAR- CAR INC_ R jVector Control Oar Wash &Fuel 45 36 112193 -111-11 /-20-03 i PENA�MARIA _ _ _ R _- Space#16 Moving 6Rental Assistance _ _ _ 3,300.00 112194 311%2003 PE6KAY, ROBERT - _ R _ Planners Institutel✓onf Meals & Mileage -I _ _263.56 11-2-195- -1 3/1 112003 IPO�TNET AND COMMUNICA_TID_N_� _R Rus �rds,Planni ggDomm Badge -&Mailings _ 1 _ 882.48 1122196 3 /11120031POZZA,SCOTT _ _ _ T R_- Fanners InstituteDonf Meals &Mileage _ _ _ 263.56 142197 _� 3 /11/2003 _jPRUDENTIAL OVERALL SUPPLY _ j _ R tMaintenance Unifomi Cleaning &8upplies _ _238.71 112198 3/11/2003 ;RALPHT ROCERY CZSMPANY_ R fiTrarning,CityDouniai Teen Event3upplies_ _- 243 80 112199 13 /11 /2003�VURNTURA COUN fY _ _R - uccess�ul CEQA Compliance _ _ _ _ _ - - 660.00 112200 3 /11 /20037SDULLY TRA-NSPORTATIONBEFt _R _ R�undDit #169851 _ _ _ _ 50.00 12201 � 3 /11/2003�HELL OIL -COMPANNY _ _ _ R 01%03 Vehicle Fuel Costs _ _ _ _ _ _318.29 112202 31/172603 -81 l VALLEY BASE, INC _ _ _ L _ R _ idewalkRepair Base- Mat_enal_ _ _ _ _�_ _ 21.34 112203 1 711 / /2003TSKTLLPAsTH SEMINARS _ - R - 4123 Coherence -T Jone_ s_ _ _ _ _ 149.00 112204 3J172003tSMART 6c FINAL R TeenEventSupplies _ i- -_ 195.69 4-- - - - -- 112 205 3711/2003 SOUTHERN CALIFORNIA _ _R 03 PD Membership- Dues- Je- nkinson _ _ 10.00 - - - -- 112206-1 3/1 2003 CUTHERN CALIFORNIA EDI . _ R 1/15 -2-/13 Electn'cf Bills _ _ _ _ _ 989.39 112207 ' 3 /1720031STEPHANl. ABHAW_ _ _ L _R - ICPRSDo- Meals &- xpenses � _ _ _ - 4 262.60 --- -- -- 11220$ 3/11%2003 TEVENCORDON TONER_Sl1PPL_ _ R- (City I4alTfioner Supplies _ _ _ _ 568.43 112209 X11 /2003TAYLOR, JANF U TH _ _ _ _ R /03Sr rength Training_ _ _ _ _ _ _ _ i_ _ 111.00 -- - - 112210 3/11/2003 UUB. P03TMASTER _ I_ R 4 %039r�tr Newsletter_ _ _ _ _ _ _ _ 275.00 112211 _3/11 /2003,UNIVERSAL REPROGI�PH-ICS, _ _R -,4F03 Phase II Plans i_ _ 559_72 112212 3 /111 /22003 VANDAVEER, DDRR0TTI-Y7 _ R 7/17 CD & MRA Mtg Minutes . _ _ _ _ _ _ 195.00 112213 3/11/2003 VENTURA COUNTY GENERAL SE R _ 12/02 Admin,CC,Comm Dev Storage - - - _ 77.00 112214 -I 3/11 %2003 +VENTURA OOl7NTTYPUBLIC_W_DR_ 7_ R 0303 Vector Control Bldg Lease _ _ _ _ _ F_ 352.72 -- - - - - -- 912215 3/11/2003 WEARGUARD _ _ _ R _ PW Rain Gear _ _ _ _ _ j _ 150.65 11016 3/11/2003 WE3TERNDHAPTM ISA _ _R 03 Dues BalanceA Walter _ 10.00 112217 3%11/2003 VVESfEftN CITYMA�AMNE _ _ _ -R _Comm Dev 2 yr subscription -Hogan _ _ _ _ 63.00 112218 ?13%11%2003 1 HITAKER_HARDWARE, INC_ _ _ F -R PW,PDD�Parks Maintenance Supplies - - - - _ 96_39 112219 3%11/2003 :WOLC07 _ _ _ _ _ _ _ _R 1117- 2/11JCI,PW- &Annex Copies - - - _ _ 1 _ 425.00 112220_ 3/12/2003 VCEMS M EMT Testsmr 3 EMT Em to ees _138.00 X2221 /12/2005 M ARDSDFFICE FURNITURE_ _4 _ M _ Comm DevBpace improvement Design Fee - _ 55.00 112222 1-3/12 2003 AMERICAN HERITAGE LIFE IN R 03/14103 P/R EmpfoyeeCancer Ins_ _ _ _ _ 114.32 --4- -- 112323 1 3I/12/2003. AMA RETIREMENT TR_US_T 467 �I R _X03/14 P/R F/T D -&er Comp ,585.6 112224 -1 7122003 S E U LOCAL 98 R 0314 %3P /R Union Dues _ _ _ _ _ _ 397.71 112225 3/12/2003 ANDRAI<UENWI I - _R_ 03/14/03 P/R Case #Sb020444 _ _ _- I_ 1,693.00 112226 3/1212003 UNITED 11/ /AY DE VENTURA OOU R _ 03/14!03 P%R EmployeeContributio_ ns_' _ _ 179.00 112227 3/12/2003 ' VENTURA COUNTY Df$TRICT A _ I _R 03/14/03 P/RR ID #9600616061 _ _ _ _ _ _ j_ -f6-8.-4-6- 112228 3712%2003 �WASFiINGTDNMUTUAL BANK, T R 03/14 P/R F/T- DeTerComp 5,031.98 -� - - -10-3/f-4 - - - -- - - - -- 11222-9 _ 3%12/2003 VVrASHINGTTO MUT_ U_AL_BA_NK, F _ R P/R P1T Demrpomp _ _ _ _ _ _ - j - 328.78 112230_ 3/122003 +ACCWNTEMPS _- _� _ R �Sza -b- Wk Ending 2/21 _ _ _ 720.00 112231 ' 7102003 BURKE- WILLIAMS & SORENSE _ _ R 12/002 Attorney Services _ _ _ - +_12,41_0.61 -1112-32-- _ ' 3/1772003 HARLES ABBOTT ASBOCI -'E3 _ V _ owed Check _ _ _ _-4 112233 1 3/12/2003 HARLEBABB�TTA3SOCIATEB R _ 01 %03Engmeering Invoices _ _ _ 158,138.64 112234 3/12%2003 ,CHARLE3ABBOTTAOCIATEB I R _01/03 B &Blnvoice _ 51,430.00 112235 3/12/2003 (COMMAND PERFORMANCE CATER _ R _12!25 Empl Recognition Lunch_ _ _ __ 2,327.10 112236 1 3/12/2003 CGMMUNITYIN�RKS OESTGN_GR_ R AVCP -ports Field Design _ _ i_ 4,576.95 TT- T-- . ... - - - - 4 - - - - - - 1133/12/2003 DATA BYTECEN'TRAL INC _ _R iMisc Genera0 ffce8upplies _ 2,606.98 112238 3112 /200r -HINDERLI r5R, DE CAMAS_ -& R i3rd t0' tr 0228 1st atr 03 Bales Ta_x_ Audit Sv_c _ _ 2,565_.0_5 112239 3%122003 MIRACLE RECREATION -I- R__ Parks Play Equipment _ _ _ _ _ 23,431.77 - - - -- 112240 1 37/1?T2003 MOORPARK UNWIED ICH0 L D _ _ R _ 1%03 Mpk PD Utilities _ _ _ 2,679.00 112241 3112/2003 !MVCAC -STATE MOUSQUIT -0ACS _ R- BloodBamplee- Testing - Vector ConVol _ -I 1,140.50 112242 3/122003 PACIFIC RELO_DATIT�N CONSUL -R r -9/02 Property Management &Svcs -_ 4 ,540.50 112243 3/122003�PALMCS _ R _ 125 Empl Recognition Hats Engraved _ -' 1,340.62 112244 - 3/12/2003 IPO�TNET ANDCOMMUNNCATION _ R _�03J03 DSr New�etter Printing _ _ _ 333.01 112245 3/12 /2003_ .PPR(�E6_S -_NAL DESIGN_ASTS03 -_� _ R _QdianWPaa sway Landscaping_ _ ; _2,875.00 1 2246 _n/ 22003 CE R 03/03 Previous Not Billed _ 1,551.79 112247 _3 /12 /2003JSSCURITYALARM SERVICE -R _ --6// 03 _CH,PKS,PW,Anne_&A_VR_C_Alar_m S_vc_ _1,461.09 112248 1 71212003 jTEE PLUS - -R Mpk PD DAREBupplies _ 1,363.20 11224 WE3TCOABT Al2BORSTSINC � _ -R _ CitywideALA Ave,Beltramo Trees_Se_rvice _ _ 1,978.04 192250 3/122003 WESTTERN HIGHWAY PRODUC_T3, 7 R - 114 Parks Rules Signs _ _ _ _ ~ 1,776.05 112251 3/12/2003 !WWCOT - R FD Bldg Phase 113 III Design 43,430.00 389,823.78 Moorpark City Council Agenda Report To: The Honorable City Council From: Kenneth C. Gilbert, Director of Public Works Date: March 6, 2002 (Council Meeting 3- 19 -03) Subject: Consider Resolution Funding 1) Speed Feedback Sign Costs and 2) Construction of Improvements to the Medians on Campus Park Drive East of Collins Drive DISCUSSION A. Speed Feedback Signs 1. In March of 2002 the City Council adopted Resolution No. 2002 -1957 approving a Budget amendment providing funding in the amount of $35,000 for the purchase and installation of a number of speed feedback signs. 2. Ultimately, three (3) speed feedback signs were acquired and installed. Two were installed at permanent locations on Tierra Rejada Road and Collins Drive, and a third is to be deployed for short periods of time at designated spots on "problem" residential streets. 3. Expenditures for these items during FY 01/02 totaled $21,821, leaving an unexpended budget appropriation for this program of $13,179. That surplus was not carried over to FY 02/03 to cover the expenses not yet incurred as of July 1, 2002. 4. Costs incurred during FY 02/03 for Speed Feedback Signs were approximately $10,000. In that the prior year appropriation for these signs was not carried over, sign costs for the current year has exceed the approved Budget amount. Adoption of the attached Resolution will provide the funding needed to correct this over expenditure. 5. Total cost for the three Speed Feedback signs was approximately $32,000, an amount less than the original approved amount. Signs_0303 Signs / Campus Park Median March 6, 2003 Page 2 B. Campus Park Drive Medians 1. Background: There is a four feet (4') wide median on Campus Park Drive between Collins Drive and Beragan Street (see Exhibit 1). 2. Segments: There are three segments to the median: eCollins Drive to College View Avenue; eCollege View Avenue to Delfen Street; and e Delfen Street to Beragan Street. 3. Asphalt Pavement: The westerly segments are fully improved with stamped concrete. The easterly two (2) segments have asphalt pavement in lieu of stamped concrete. 4. Proposed Project: It is proposed that the aesthetics of the streetscape in this area be improved by removing the asphalt pavement and constructing stamped concrete. 5. Cost Estimate: Estimated cost for these improvements is $22,000. 6. Funding Source: The funding source recommended for this work is the Gas Tax Fund. 7. Construction Method: It is the intent of staff to "piggy- back" this work on the next project which includes stamped concrete, like the Flinn Avenue realignment project. C. Budget Amendment 1. Speed Feedback Signs: Adoption of the attached Resolution will provide an appropriation of funds for the Speed Feedback Sign costs incurred this fiscal year. 2. Campus Park Drive Median: Adoption of the attached Resolution will also provide additional funding for Contract Services to fund the improvement of the Campus Drive median, as described above in this report. STAFF RECOMMENDATION (ROLL CALL VOTE) Adopt Resolution No. 2003- Attachments: Exhibit l: Map Exhibit 2: Resolution Signs_0303 LTI) T1 Exhibit 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET TO PROVIDE ADDITION FUNDING FOR CONTRACT SERVICES AND FOR SIGNS [GAS TAX FUND (FUND 2605)] WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to the City Council requesting a. budget increase in the aggregate amount of $32,000; and WHEREAS, said staff report discusses certain fund transfers approved last fiscal year and the need to adjust same; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment in the aggregate increase of $32,000, as more particularly described in Exhibit "A ", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail Resolution No. 2003 - Exhibit "A" REVISED APPROPRIATIONS FOR Account No. 9102: Contract Services Account No. 9303: Signs Street Maintenance Division [Dept 8310] A. Fund Allocation B. FY 02/03 Budget Re -Cap C. Distribution of Appropriations -------------------------- - - - - -- ---------- — ----------------- — -------- --- - - - - -- ---- -- - - - - -- - - - Current' Subject' Revised FY 02/03' Appropriation; FY 02/03 ;Account Number Budget! / (Reduction) I Budget '2605.8310.0000.9102 Striping Contract _ $ -- - - - - - -- ._._.------------- 10,000! _— _ -_.__ F $ 10 000 f-- -- - - -- — — Asphalt Repairs — - - - $ -- - - -- 5,000 - - - - - -- - - - - -_ - - - -- -- .._c_ $ 5,000 -' - — -' -- i Aerial Photos - - $ - -- — ------------ 1 566 - - - - -- -- -- - - - -� - - -- $ 1 500' - - - - -- - - -- _ ... - - - - -- - - - - -- - - - -- - -- - - - - -- _ �.. Campus Park Drive Median $ -- - - - - -- - . 0 ; X22 , 000 , $ 22 , 000 -- Sub -Total -- - - - -- -- - - - - -- - --- - - - - -- -- - - - - - - - - - - - - $16,500 $ 22,000; $ 38,500' -- -- - - -- - - I 0 0 3 - -- - - - -- - - -; ... - - - - -- -- - -- - - - - -- - -- ----------------- `-- -- ------ _. -- --- e t Name Signs _e 2 , 0 0 0- - - - - --_ __.------- _._.--------- �i -- $ 2,000 -- Signs $ 2, 000: - -eguiatory Warning Signs $ 1,000 Hardware $ 2 , 0 0 0 ! - -- - -- $ 2 , 0 0 0 ----- - - - - -- - - -- ... ------- ._.... - -- --------- S eed Feedback Si s P- �__- � $ - - + -- -- .._. - - -0 i - - - - -- - -- - ----- ; $ 10 000 , -- $10,000? -------------- __— - - - - -- Sub- Total $ 7,000 $10,000 $17,000; j— Total! $ 23,500 1 $ 32,000} $55,500 _ Approved form: as to Y'���L- i✓'�c \�r�� �CE,C 2.c.��z - l��ik c�v�d MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: March 6, 2003 (Council Meeting 3- 19 -03) SUBJECT: Consider Resolution Rescinding Resolution No. 2002 - 1998 and Directing the Placement of a STOP Sign at Only the Deering Lane Entrance to the Intersection of Cedarpine Lane and Deering Lane. DISCUSSION A. Resolution No. 2002 -1998 In September of 2002, the City Council adopted Resolution No. 2002 -1998 designating the intersection of Cedarpine Lane and Deering Lane to be a Stop Intersection and directing the placement of STOP signs at all entrances to said intersection. At that time it was the view of the City Council that such traffic controls would improve traffic safety in this neighborhood. B. Committee Recommendation On March 3, 2003, the Transportation and Streets Committee (Councilmembers Millhouse and Harper) considered public testimony regarding the driving habits at and in the vicinity of the subject intersection and the apparent ineffectiveness of the STOP signs installed for the Cedarpine Lane legs of this intersection. Based on that testimony and input from staff regarding "unwarranted" STOP signs, the Committee recommended that the STOP signs for the Cedarpine Lane legs of the intersection be removed. Staff concurs with that recommendation. RECOMMENDATION Adopt Resolution No. 2003- Attachments: STOP cedar resc RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 2002 -1998, DESIGNATING CEDARPINE LANE TO BE A THROUGH STREET AND DIRECTING THE PLACEMENT OF A STOP SIGN AT THE DEERING LANE ENTRANCE THERETO WHEREAS, Section 21354 of the California Vehicle Code authorizes the City Council to direct the placement of STOP signs at one or more entrances to the intersection of any local streets; and WHEREAS, pursuant to said Section the City Council adopted Resolution NO. 2002 -1998 directing the placement of STOP signs at all three entrances to the intersection of Cedarpine Lane and Deering Lane; and WHEREAS, the City Council has reassessed traffic operations at said intersection and has determined that traffic movement and traffic safety would be improved if the traffic controls at said intersection were to be revised. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2002 -1998 is hereby rescinded. SECTION 2. Cedarpine Lane is hereby designated a through street in the vicinity of Deering Lane and it is hereby directed that the STOP sign at the Deering Lane entrance to the intersection of Cedarpine Lane and Deering Lane shall remain in place, as generally shown on Exhibit 'A' attached hereto and made a part hereof. SECTION 3. It is further directed that the STOP signs at the Cedarpine Lane entrances to said intersection be removed. SECTION 4. The City Manager is hereby directed to provide for the installation and maintenance of appropriate signs and markings, to effectuate this action. Resolution No. 2003 - Page 2 SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2003. Attest: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit W: Diagram Patrick Hunter, Mayor 59 J l.__ 7 �Y D Resolution No. 2003 - Exhibit 'A' t E 4E1�1 D � STOP Siyr► N J l F J N-'' % 2 V V c i MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert Director of Public Works DATE: March 6, 2003 (Council Meeting 3- 19 -03) SUBJECT: Adopt Resolution Amending the FY 02/03 Budget to Fund Certain Assessment Engineering Costs [Fund 1000 - General Fund] DISCUSSION A. Background Consistent with the City Council's Goals and Objectives for FY 02/03, staff retained the services of an Assessment Engineer to develop Opinion Poll data and to proceed with the development of a Proposition 218 Mail Ballot to seek community support for the establishment of a new assessment district to fund City costs for street lighting and landscaping expenses. As has been discussed before, costs for these programs currently exceed the revenues generated by Assessment District AD84 -2. Anticipated assessment engineering and related costs for these efforts were estimated to be approximately $92,000. B. Project Deferred As you know, in recent months the State has threatened to withhold state subvention revenues which heretofore have been relied upon by cities to fund essential municipal services and programs. The full extent of those revenue cuts have not yet been determined. Like other cities, Moorpark may find it necessary to increase existing and /or add new revenue sources to off -set these lost revenues. Knowing this, it was deemed prudent to defer efforts to establish a new Lighting & Landscaping maintenance assessment district until the City had a better picture of its overall revenue needs and requirements. Costs incurred for efforts to date total $7,680. AD0304new_0303 Assessment Engineering Costs March 6, 2003 Page 2 C. Anticipated Revenue / New Funding Source If the above mentioned new assessment district were approved, the assessment engineering costs incurred in the creation of that new district would have been funded by the revenues generated by that new district. Now that efforts to establish the new district have been suspended, it is necessary to appropriate funds from another source to cover costs incurred to date. D. Budaet Amendment Attached as Exhibit 1 is a Resolution amending the FY 02/03 Budget to fund the above costs [$7,680] from the General Fund. STAFF RECOMMENDATION (ROLL CALL VOTE) Adopt Resolution No. 2003 - Amending the FY 02 /03'Budget to fund the Assessment Engineering costs defined and described in this report. Attachments: Exhibit 1: Resolution AD0304new 0303 - " Exhibit 1 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET TO FUND CERTAIN ASSESSMENT ENGINEERING EXPENSES [GENERAL FUND (FUND 1000) ] WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to the City Council requesting a budget increase in the aggregate amount of $7,800; and WHEREAS, said staff report discusses certain fund transfers approved last fiscal year and the need to adjust same; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment in the aggregate increase of $7,800, as more particularly described in Exhibit "A ", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail Resolution No. 2003 - Exhibit "A" Appropriations & Budget For Miscellaneous Assessment Engineering Services A. Fund Allocation B. FY 02/03 Budget Re -Cap Current FY 02/03 Account Number _ Budget 1000.8100.0000.9103 $ 0 Special Professional Services Approved as to form: r subject ropriation Reduction) $ 7,800 Revised FY 02/03 7,800 SUBJECT: Amendment of City /County Agreement for the Installation of the Traffic Signal at Tierra Rejada Road and Sunset Valley Road [formerly Moorpark Road]; Approval of City /County Agreement for the Maintenance of Traffic Signals at Certain Intersections; and Adoption of a Resolution Amending the FY 02/03 Budget for the Moorpark Park Road Realignment Project [Project 80431 [Fund 2002 - Traffic Mitigation Fund] DISCUSSION A. Aareement re: Traffic Signal at Sunset Valley Road 1. Background: In June 2002 the City Council approved an Amendment to the Agreement between the County of Ventura and the City [City Agreement No. 96 -07] pertaining to the construction and maintenance of the [then] temporary traffic signal at the intersection of Tierra Rejada Road and Sunset Valley Road [formerly Moorpark Road] . Said Amendment was signed by the County and returned to the City in August 2002. That Amendment set forth certain language pertaining to the modification of the intersection and the removal of the traffic signal. 2. Termination: In that this traffic signal is to remain and no modifications to the intersection are now necessary, it is now appropriate to terminate this Agreement. The document attached as Exhibit 1 provides for such an action. B. Aareement re: Maintenance of Traffic Sianals 1. Background: In November of 2002, the City Council approved an Agreement between the County of Ventura and the City pertaining to the sharing of maintenance costs for the traffic signal at the intersection of Tierra Rejada Road, Miller Parkway and Moorpark Road. That Agreement was never approved by the Board of Supervisors. MpkRd Sig_Agree_0303 ..'� ti:srEl+11 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: March 6, 2003 (Council Meeting 3- 19 -03) SUBJECT: Amendment of City /County Agreement for the Installation of the Traffic Signal at Tierra Rejada Road and Sunset Valley Road [formerly Moorpark Road]; Approval of City /County Agreement for the Maintenance of Traffic Signals at Certain Intersections; and Adoption of a Resolution Amending the FY 02/03 Budget for the Moorpark Park Road Realignment Project [Project 80431 [Fund 2002 - Traffic Mitigation Fund] DISCUSSION A. Aareement re: Traffic Signal at Sunset Valley Road 1. Background: In June 2002 the City Council approved an Amendment to the Agreement between the County of Ventura and the City [City Agreement No. 96 -07] pertaining to the construction and maintenance of the [then] temporary traffic signal at the intersection of Tierra Rejada Road and Sunset Valley Road [formerly Moorpark Road] . Said Amendment was signed by the County and returned to the City in August 2002. That Amendment set forth certain language pertaining to the modification of the intersection and the removal of the traffic signal. 2. Termination: In that this traffic signal is to remain and no modifications to the intersection are now necessary, it is now appropriate to terminate this Agreement. The document attached as Exhibit 1 provides for such an action. B. Aareement re: Maintenance of Traffic Sianals 1. Background: In November of 2002, the City Council approved an Agreement between the County of Ventura and the City pertaining to the sharing of maintenance costs for the traffic signal at the intersection of Tierra Rejada Road, Miller Parkway and Moorpark Road. That Agreement was never approved by the Board of Supervisors. MpkRd Sig_Agree_0303 ..'� ti:srEl+11 Moorpark Road March 6, 2003 Page 2 2. New Agreement: A new Agreement has been crafted which pertains to the sharing of maintenance costs for any traffic signals constructed at intersections shared by the County and the City. The Agreement attached as Exhibit 2 provides for the sharing of maintenance costs at the following intersections: • Tierra Rejada Road and Sunset Valley Road • Terra Rejada Road, Miller Parkway and Moorpark Road. C. Budget Amendment 1. Background: Knowing that there would be City Engineering costs incurred in order to provide proper oversight for the County's Moorpark Road Realignment Project, in October 2001 the City Council adopted Resolution No. 2001 -1900 appropriating $12,000 from the Traffic Mitigation Fund [Fund 20021 for this purpose [Project 80431. 2. Additional Services Authorization: Later, in December of 2001, an estimate of such costs was provided to staff by the City Engineer. An Additional Services Authorization was approved for the amount of that estimate -- $20,000. The Budget was not increased to fully cover these project costs. 3. Budget Amendment: It is anticipated that the total Engineering costs for this project will not exceed the $20,000 estimate. Attached as Exhibit 3 is a Resolution amending the FY 02/03 Budget to fully fund these costs. STAFF RECOMMENDATION (ROLL CALL VOTE 1. Approve an Amendment to City /County Agreement pertaining to the Construction of a Temporary Traffic Signal at Tierra Rejada Road and Sunset Valley Road [formerly Moorpark Road] , subject to final language approval by the City Manager and the City Attorney. 2. Approve a City /County Agreement Pertaining to the sharing of costs for certain `shared" intersections, subject to final language approval by the City Manager and the City Attorney. 3. Adopt Resolution No. 2003 - Amending the FY 02/03 Budget for Project 8043 - Moorpark Road Realignment Project. Attachments: Exhibit 1: Amendment No 2 to City Agreement No. 96 -07 Exhibit 2: City /County Agreement RE: Shared Maintenance Costs for Certain Traffic Signals Exhibit 3: Resolution No. 2003- re: Project 8043: Moorpark Road Realignment Project MpkRd_Sig_Agree_0303 ' 0�9 ,.� L'v vev`o TRAFFIC SIGNAL COST BETWEEN THE CITY O F COUNTY OF VENTURA [Old City Agreement No.: County Agreement No.: Amendment No. Organization / Firm: Date of Original Agreement: Effective Date of This Amendment: Subject of Amendment: SHARING AGREEMENT MOORPARK AND THE Moorpark Road] 96 -07 96 -05 2 County of Ventura March 19, 1996 Retention of Sianal RECITALS A. The City of Moorpark ( "City ") and the County of Ventura ( "County") entered into a Cooperative Agreement ( "Agreement ") on March 19, 1996, pertaining to the construction of a traffic signal ( "Signal ") at the intersection of Tierra Rejada Road and Old Moorpark Road ( "Intersection "). It was the intent of the parties at that time that the Signal was to be a temporary installation to removed or upgraded at a later date. B. Amendment No. 1 to the Agreement was approved on June 21, 2002, in order to clarify the scope of certain intended shared improvements deemed necessary to remove the Signal, said intended traffic signal removal to be undertaken as part of the County's Moorpark Road Realignment project. C. It has been determined that the Signal is to remain in place. The parties now, therefore, wish to amend the Agreement and said Amendment No. 1 in order to complete each party's obligation and terminate this agreement. -1- NOW, THEREFORE, the City and County agree as follows: Section 6 of the Agreement pertaining to the purchase of the controller by the County and other efforts related to the removal of the Signal and /or modification to the Intersection to prevent left -turn movements, is hereby deleted. 2. Section 9 of the Agreement is hereby amended to read as follows: "The term of this Agreement shall terminate upon approval by each party of a replacement agreement for cost sharing of the maintenance and operation of the signal." CITY OF MOORPARK COUNTY OF VENTURA Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk -2- Chair, Board of Supervisors ATTEST: John F. Johnston, Clerk of the Board of Supervisors, County of Ventura, State of California. Deputy Clerk of the Board G,v.�. v 2 TRAFFIC SIGNAL COST SHARING AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA THIS AGREEMENT, made and entered into this day of , 2003, by and between the CITY OF MOORPARK, a municipal corporation (herein referred to as "City "), and the COUNTY OF VENTURA, a political subdivision, California (herein referred to as "County "). WHEREAS, traffic signals are located at the intersection of certain City streets and County roads; and WHEREAS, City and County desire to share the cost of maintaining and operating these signals. NOW, THEREFORE, the City and County agree as follows: 1. The term of this Agreement shall extend from the above date of this Agreement until terminated by either party. 2. City shall maintain and operate the traffic signals located at intersections of certain City and County roads as contained in Attachment A, attached hereto and incorporated herein by reference. 3. The cost of such maintenance and operation (herein "Costs ") shall consist of the following categories of cost: a. Energy costs; b. Monthly preventative maintenance costs; c. Costs related to emergency response service and other extra work to provide for the continuous operation of the traffic signal equipment; and d. Mutually beneficial modifications to the signal such as obsolescence or the need to improve energy efficiency and reliability, that receive prior approval from both the City and County. 4. County agrees to pay City its prorata share of all traffic signal maintenance and operation costs incurred by the City. Said prorata share shall be equal to the percent of County ownership of those installations as shown in Attachment A, based on the number of roadway approaches to the intersection under the jurisdiction of the City and the County respectively. 5. Notwithstanding the provisions of paragraphs 3 and 4 above, if the design of the signals or intersections are modified by or at the request of either party without prior written agreement of the other party to share in the cost of the modification, the party making the modification shall pay all costs of modification. 6. The provisions of this Agreement may be revised or modified at any time. However, any modification to the Agreement shall become effective only when agreed to in writing by both City and County. 7. At the beginning of each calendar year, City shall provide County with an annual invoice for County's prorata share of the Costs, for the prior calendar year, provided that the invoice for the first year for the Tierra Rejada Road/ Moorpark Road signal at Miller Parkway shall be for the period starting the day realigned Moorpark Road is opened to traffic. Each invoice shall include a written verification with a detailed accounting of all Costs paid and all costs adjustments, rebates or restrictions collected by City. In the event the signal is damaged as the result of a traffic accident, City shall provide County with a copy of any accident report generated by said accident, within sixty (60) days said report is provided to the City Public Works Department. City shall also provide County with an itemized accounting of all costs incurred by City resulting from such damage, within 60 days of the date said costs have been determined by the City. Payment, by County, of County's prorata share of the Costs, as reflected on such annual invoices, shall be made within 30 days of the receipt of the invoice. 8. County shall defend, indemnify and hold harmless the City, its elected officials, officers and employees, from any and all claims, lawsuits, demands, judgments and all liability including but not limited to, monetary or property damage, personal injury, wrongful death, general liability and automobile liability, including all costs and expenses of litigation or arbitration, arising out of, directly or indirectly, any act or omission of the County or its agents or subcontractors in the performance of the obligations and duties required of County under this Agreement. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work utilized in performing the obligations and duties required of County under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting cost and any other costs required for and related to such litigation. 9. City shall defend, indemnify and hold harmless the County, its elected officials, officers and employees, from any and all claims, lawsuits, demands, judgments and all liability including but not limited to, monetary or property damage, personal injury, wrongful death, general liability and automobile liability, including all costs and expenses of litigation or arbitration, arising out of, directly or indirectly, any act or omission of the City or its agents or subcontractors in the performance of the obligations and duties required of City under this Agreement. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work utilized in performing the obligations and duties required of City under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting cost and any other costs required for and related to such litigation. 10. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or 2 -.f-)�4 breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and /or period of time specified. All of the remedies permitted or available to a party under Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. 11. Time is of essence with regard to performance of any of the terms or conditions of this Agreement. 12. This Agreement may be terminated at any time by the Director of Public Works for the County or the City Manager for the City, by giving at least 60 calendar days prior written notice to the other party of intent to terminate the Agreement. In the event of such termination, County agrees to reimburse City for all prorata Costs accrued up to the time of termination within 30 days following submission of a final statement by City. 13. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party. 14. In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party. 15. This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Exclusive venue for any action involving this Agreement will be in Ventura County. 16. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of traffic signal maintenance services. 17. Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement. 3 18. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: TO CITY: City of Moorpark Attention: City Manager 799 Moorpark Avenue Moorpark, CA 93021 TO COUNTY: County of Ventura Attention: Director of Public Works 800 South Victoria Avenue Ventura, CA 93009 -1600 19. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. In accordance and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written. CITY OF MOORPARK Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk County Signal Maintenance Agreement COUNTY OF VENTURA Chair, Board of Supervisors ATTEST: John F. Johnston, Clerk of the Board of Supervisors, County of Ventura, State of California. Deputy Clerk of the Board ATTACHMENT A Signal Maintenance Agreement City of Moorpark/ County of Ventura -' €,E, €E k` qty ; €t t aJ I €i'�E€ F € j t `4'°°%?'4 Cat E ' -; �( i €[�,. •k Co E - € '�` 4E€ 1 Tierra Re'ada Road/ Moorpark Road 75% 25% 2 Tierra Re'ada Road/ Sunset Valley Road 67% 33% County Signal Maintenance Agreement Exhibit 3 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2002/03 BUDGET TO REVISE THE AMOUNTS OF THE APPROPRIATIONS AND BUDGET FOR PROJECT 8043: MOORPARK ROAD REALIGNMENT PROJECT [TRAFFIC MITIGATION FUND (FUND 2002) WHEREAS, on June 5, 2002, the City Council adopted the Budget for Fiscal Year 2002/03; and WHEREAS, a staff report has been presented to the City Council requesting a budget increase in the aggregate amount of $8,000; and WHEREAS, said staff report discusses certain fund transfers approved last fiscal year and the need to adjust same; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment in the aggregate increase of $8,000, as more particularly described in Exhibit "A ", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail Resolution No. 2003 - Exhibit "A" Revised Appropriations & Budget For Project 8043: Moorpark Road Realignment Project A. Fund Allocation Fund — ]Account Number Traffic Mitigation '2002.8310.8043.5500 B. FY 02/03 Budget Re -Cap C. Total Appropriations Re -Cap - -- -- - - -- - - -- - - - - - -- --------- — ------ .... -- - - - - -- - - Revised FY 02/03 Account Number Budget 2002.8310.8043.xxxx $12,367 Prior Years xpenditures D. Distribution of Appropriations to Expense Accounts Total tions Approved as to form: Ub ,367 current suiDject Revised FY 02/03 j Appropriation ' FY 02/03 Account Number j Budget / (Reduction) Budget �. 2002.8310.8043.9601: Design 4, 367 $ 8, 000 ' $ 12,3671 _— .-- - - - - -- - - - -- - - -_ - - - - -�. — - - - -- _._$ [2002 8310.8043. 9640w— Const. i --- - - - - -- $ 0 fi- - — $� - 0 - - -- $� - ^- 0 f �— 0 ±- --- ^ -$ -- - - - -- -- - --__0 ._- $_- .— _ -�_ -- 0 Approved as to form: Ub ,367 AC MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Laura Stringer, Senior Manage n Analyst DATE: March 4, 2003 (CC Meeting of 03/19/03) SUBJECT: Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Highlands Specific Plan No. 2, a Master Planned Community, Located East of Walnut Canyon Road and North of Charles Street, on the Application of Morrison - Fountainwood- Agoura. BACKGROUND: Government Code Section 65864 and City of Moorpark Municipal Code Section 15.40 provide for Development Agreements between the City and property owners in connection with proposed plans of development for specific properties. Development Agreements are designed to strengthen the planning process, to provide developers some certainty in the development process and to assure development in accordance with the terms and conditions of the agreement. On October 6, 1999, the Moorpark City Council adopted Ordinance No. 263 (effective November 5, 1999), approving a Development Agreement between the City of Moorpark and Fountainwood Agoura (Morrison - Fountainwood- Agoura). The agreement, recorded November 23, 1999, as Document No. 99- 0211935, was approved in connection with Moorpark Highlands Specific Plan No. 2; a 445 -acre, master planned community, located east of Walnut Canyon Road and north of Charles Street. The agreement remains in full force and effect for twenty (20) years from the operative date of the agreement (until November 5, 2019), or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last. Provisions of the agreement require an annual review and report to the City Council on the status of completion of all aspects of the agreement. The developer has submitted the necessary application \ \mor__T>ri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1998 -01 Pardee \agenda reports \cc 030319.doc [� Honorable City Council March 19, 2003 Page 2 form, related materials, and fee /deposit. The Community Development Director has reviewed the submitted information and the project status and provides the following report. DISCUSSION: Current Protect Status Morrison - Fountainwood- Agoura in coordination with Pardee Construction Company (developer of the majority of the residential units) has completed the following aspects of Specific Plan No. 2: • On May 17, 2000, the Local Agency Formation Commission (LAFCO) approved the annexation of Specific Plan No. 2 to Ventura County Water Works District No. 1. • On May 26, 2000, the Moorpark Planning Commission recommended conditional approval of Tentative Tract No. 5045, which includes the entire Specific Plan No. 2 area. • On August 2, 2000, the Moorpark City Council conditionally approved Tentative Tract No. 5045. • The off -site waterline through Happy Camp Regional Park and the Rustic Canyon Golf Course has been installed. • The California Department of Fish and Game 1603 Streambed Alteration Agreement and Los Angeles Regional Water Quality Control Board Certification have been obtained. • Army Corp of Engineers 404 Permit has been obtained. The developer has informed staff that the following aspects of Specific Plan No. 2 are currently underway: • Processing of the Habitat Conservation Plan and Section 10 Permit with United State Fish and Wildlife Service is nearing completion. • Residential Planned Development Permits Nos. 2002 -03, —04 and - 05 have been submitted and are in final review prior to Planning Commission and City Council consideration. • A Modification to Tentative Map No. 5045 has been submitted, and is in final review prior to Planning Commission and City Council consideration. • The Grading and Subdivision Improvement Plans have been through one (1) plan check, and are awaiting final approval of the Modification to Tentative Tract Map 5045. -, f"' #-; Honorable City Council March 19, 2003 Page 3 Developer Compliance with Terms of Agreement The developer's responsibilities are included in Section 6 of the Development Agreement and include thirty -two (32) specific requirements, as summarized below. Compliance with the terms and conditions of the Development Agreement will occur at various stages of the development process. Action by the developer and other clarifying information has been noted. # REQUIREMENT STATUS 1. Compliance with Development To date the developer is in Agreement, project approvals compliance with this and subsequent approvals. requirement. 2. Land dedicated to the The developer is currently Moorpark Unified School in negotiations with MUSD. District (MUSD) to be deed The City is assisting the restricted by covenant to District in the limit use of the land to negotiations. This school facilities for requirement must be kindergarten through 12`° satisfied at the time of or grade. prior to recordation of the Final Map. 3. Lands and interests in The developer must provide dedicated lands be free of clear title to any property liens and encumbrances. required for dedications. 4. Payment of "Development Fees" These fees will be adjusted of seven thousand, three annually (until paid) using hundred dollars ($7,300) per the Consumer Price Index residential unit and thirty (CPI) in accordance with two thousand, eight hundred the agreement. Fees must be dollars ($32,800) per gross paid prior to issuance of acre of institutional land. Zoning Clearance for Building Permit. No Building Permits have been issued. S. Payment of "Citywide Traffic These fees will be adjusted Fees" of four thousand annually (until paid) using dollars ($4,000) per the State Highway Bid Price residential unit and eighteen Index in accordance with thousand dollars ($18,000) the agreement. Fees must per acre of institutional be paid prior to issuance land. of Zoning Clearance for Building Permit. No Building Permits have been issued. Honorable City Council March 19, 2003 Page 4 # REQUIREMENT STATUS 6. Payment of "Community Service These fees will be adjusted Fees" of five hundred dollars annually (until paid) using ($500) per residential unit the Consumer Price Index and two thousand, two hundred (CPI) in accordance with fifty dollars ($2,250) per the agreement. Fees must be gross acre of institutional paid prior to issuance of land. Zoning Clearance for Building Permit. No Building Permits have been issued. 7. Granting of a conservation The conservation easement easement to the City to must be recorded retain the Open Space lots concurrently with the Final within Planning Areas 10, 11, Map. 14, 15 and 16, allowing only those uses permitted in the Development Regulations of the Specific Plan Open Space Zones. 8. Payment of all outstanding This is an ongoing processing costs. requirement. At this time the developer is current with all processing costs, including submittal of Annual Review Application and deposit for Development Agreement - Annual Review. 9. Dedication of approximately Dedication of the park is seven (7) acres of parkland to be completed to the City, including concurrently with recording construction of park of the Final Map phase improvements, as detailed in within which the park is the agreement. located. The improvements to the park are to be completed prior to occupancy of the 350th dwelling unit. Prior to occupancy of the 500th residential unit, the developer shall also submit a cash deposit of $350,000 to fund replacement of park amenities. Honorable City Council March 19, 2003 Page 5 # REQUIREMENT STATUS 10. Construct public streets These improvements will be adjacent to school and park included in the improvement sites. plan package and will be bonded for prior to recordation of the Final Map. 11. Construct appropriately sized These improvements will be water line, pumping included in the improvement facilities, and storage plan package and will be facilities for recycled bonded for prior to water. recordation of the Final Map. 12. Dedication of greenbelt, open These areas will be space areas, landscape areas, identified and included in and trails to the City. Such the Final Map processing areas not dedicated to the and recordation. City shall include a conservation easement to the City. 13. Grant a conservation easement These areas will be to the City for Planning included in the Final Map Areas 12 and 13 to insure processing and recordation. public open space. 14. Provide an Affordable Housing The developer has not yet Agreement or Implementation begun to work with staff on and Resale Restriction Plan the Affordable Housing and Agreement with provisions Agreement or Implementation for: and Resale Restriction Plan Buyers who meet the criteria and Agreement. for low income (800 of median income): Twelve (12) three (3) bedroom and two (2) bath units no less than 1050 square feet in size. Thirteen (13) four (4) bedroom and two(2) bath units at no less than 1425 square feet in size. Pay city's direct cost, up to five thousand dollars ($5,000) for preparation and review of the Implementation and Resale Restriction Plan and Agreement. Honorable City Council March 19, 2003 Page 6 # I REQUIREMENT STATUS 14. Payment of In -Lieu Fees of Cont. three thousand, five hundred dollars ($3,500) per unit (for each of the dwelling units in the project). 15. Agreement to Mitigation Community Development staff Measures included in the will provide the lead in Final Environmental Impact Mitigation Monitoring. Air Report (EIR) including Quality Fees (TSM) will be payment of "Air Quality Fee" collected prior to Zoning to be calculated as a Clearance for Building condition of the issuance of Permit. building permit for each unit. 16. Installation of block wall These improvements will be fencing and landscape included in the improvement screening along the east side plan package and will be of Spring Road. bonded for prior to recordation of the Final Map. 17. Submit and gain approval from Annual Review process. City Council of a plan to guarantee the agreement contained in Section 6. 18. Install traffic signals as These improvements will be determined by the City. included in the improvement plan package and will be bonded for prior to recordation of the Final Map. 19. Waive rights to any density Per this Agreement. bonus that would increase the number of dwelling units approved per Specific Plan No. 2. 20. Agreement to cast affirmative Per this Agreement. ballot for formation of an assessment district for maintenance of parkway and median landscaping, street lighting, and parks. 21. Agreement to pay all City Per this Agreement and capital improvement, Conditions of Approval. development and processing fees. Honorable City Council March 19, 2003 Page 7 # REQUIREMENT STATUS 22. Formation of one (1) or more These requirements will be property owners associations included in the CC &R's to assume ownership and prepared for the project. maintenance of open space land, trails, and other amenities. 23. Provide irrevocable offer of This requirement is a dedication to the City for condition of approval of the future rights -of -way for the Tentative Tract Map, State Route 23 and State and a statement will be Route 118. required on the Final Map. 24. Provide vehicular access to These improvements will be properties west of Spring included in the improvement Road. plan package and will be bonded for prior to recordation of the Final Map. 25. Construct a solid block wall These improvements will be to replace existing block included in the improvement wall /wrought iron fence along plan package and will be the Spring Road and Charles bonded for prior to Street frontages (if deemed recordation of the Final necessary by the City). Map. 26. Remove existing block These improvements will be walls /fences and construct a included in the improvement solid decorative block wall plan package and will be along the west side of Spring bonded for prior to Road. recordation of the Final Map. 27. Provide irrevocable offer of To be required prior to or dedication to the City for with recordation of the ultimate build out of "Old" Final Map. Los Angeles Avenue improvements and Spring Road improvements not required to be constructed by the developer. 28. Acquire the property needed The developer has acquired to improve the intersection the necessary property. of Charles Street and Spring Road. 29. Provide irrevocable offer of To be required prior to or dedication to the City for with recordation of the right -of -way for the Final Map. extension of "C" Street. Honorable City Council March 19, 2003 Page 8 # REQUIREMENT STATUS 30. Construct a public trail This requirement is a system as identified in the condition of approval of Specific Plan, including a the Tentative Tract Map, cash deposit of one hundred and a statement will be 2. fifty thousand dollars required on the Final Map. ($150,000) to fund the been submitted by the maintenance of the trail landowners. system. 31. Provide irrevocable offer of This requirement is a dedication to the City for condition of approval of Planning Area 17. the Tentative Tract Map, and a statement will be required on the Final Map. 32. Payment of one hundred twenty To be included with five thousand ($125,000) to Mitigation Monitoring satisfy the Final EIR requirements. Transportation /Circulation Mitigation Measure 2, and for the developer's share of contribution to intersection improvements at Los Angeles Avenue and Tierra Rejada Road. All requirements of the Development Agreement will be considered in the City's review and approval process for all aspects of the development; including but not limited to, subsequent entitlement requests, public and private improvements, Final Maps, and building permits. City Compliance with Terms of Agreement The City's responsibilities are included in Section 7 of the agreement and include twelve (12) specific provisions, as summarized below. # REQUIREMENT STATUS 1. Commit necessary time and The RPD's and Modification resources on expedited parallel to the Tentative Tract Map processing for subsequent are being processed approvals. concurrently. 2. Commence proceedings to form a No petition or fees have Mello -Roos Community Facilities been submitted by the District, upon receipt of landowners. landowners petition and payment of fee. Honorable City Council March 19, 2003 Page 9 # REQUIREMENT STATUS 3. Proceed to acquire, if The developer has acquired requested, and at developer's the necessary property. sole cost and expense, easements or fee title to land not held by the developer, but necessary for construction of required improvements. 4. Authorization for City Manager Pending approval of grading to sign an early grading plans. agreement. 5. Agreement to allow concurrent Concurrent processing is processing of land use being done. entitlements for the same property, so long as, deemed complete. 6. Agreement that the land and Per this Agreement. improvements required under subsection 6.9. of the Development Agreement meet the developer's obligation for park land dedication for the designated 570 units. 7-. Agreement to allow the Pending dedication of developer to receive the public open space area. maximum amount of tax benefit for dedication of public open space in Planning Areas 12 and 13. 8. Agreement to appoint an Nancy Burns, Senior affordable housing staff person Management Analyst is the to oversee the implementation City's housing coordinator. of the affordable housing requirements. 9. Agreement to allow for a Per this Agreement. variation of five feet (5') maximum in grades as shown on the grading exhibit for Specific Plan No. 2, subject to approval of the Community Development Director. 10. Agreement to limit the payment Per this Agreement. of the Los Angeles Avenue Area of Contribution (AOC) fee to only the first four hundred seventy five (475) residential Honorable City Council March 19, 2003 Page 10 # REQUIREMENT STATUS units and any institutional uses within the project. The AOC fee shall be the amount in effect at the time of issuance of building permit. 11. Agreement to facilitate the Pending construction of reimbursement to the developer potentially reimbursable of costs incurred that may be improvements. subject to partial reimbursement from other developers. 12. Agreement that the developer Per this Agreement. shall not be required to pay the Gabbert Road /Casey Road Area of Contribution Fee referenced in the Final EIR. (Specific Plan No. 2 is not within the boundaries of this AOC) . Evaluation of Good Faith Compliance Based on a review of the Development Agreement Annual Review Application and the status of the project, the Community Development Director has determined, on the basis of substantial evidence that Morrison - Fountainwood- Agoura has, to date, complied in good faith with the terms and conditions of the agreement. STAFF RECONMNDATIONS: 1. Accept the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Morrison - Fountainwood- Agoura has complied in good faith with the terms and conditions of the agreement. 2. Deem the annual review process complete. Attachments: 1) Location Map 2) Site Plan 3) Letter from Morrison - Fountainwood- Agoura, dated September 6, 2002. '� � 0.R -r 7 n .5.y 1. `� �� ��•a�w s 5��� 2 .a kit ,y �/2� "y �'� 3 f : � j..:�,pp14• '�. 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The Development Agreement became effective on November 5,1999. The following items have been completed: 1. The Specific Plan and Zoning Code Amendment became effective November 5,1 999 2. The .Local Agency Formation Commission (LAFCO) approved the annexation of Specific Plan No. 2 to Ventura County Water Works District No.1 on May 17,2000 3, The Planning Conunission approved Tentative Map 5045 on May 26,2000 4. The City Council approved Tentative Map 5045 on August 2,2000 5, The Developer has paid all costs associated with processing and its account with the City is current. 6. The ofr property waterline through 1 Tappy Camp Regional Park and I he Rustic Canyon Golf Course has been installed 7. The California Department of fish and Game 1603 Streambed Alternation Agreement and Los Angeles Regional Water Quality Control Board Certification have been obtained The following; items are now undentiva_y: 1. The processing ort.he Habitat Conservation flan and Section 1.0 Permit with the United States Fish and Wildlife Service is nearly complete 2. The Residential Planned Development hermit application has been submitted, reviewed several tithes and resubmitted CC ATTACHMENT 3 1�,,Y%RRISON- FOUNTAINWOOD- AGOURA 621 ria Alondra, Suite 607 Camarillo, California 93012 (805) 482 -2423 Fax (805) 482 -9301 The Manor Modification of the Tentative Map has been submitted, reviewed several times and resubmitted d. The Grading and Subdivision Improvement Plans have been through l" plan check and will be resubmitted after the Minor Modification to the Tentative Map has been approved by the City The Developer is in good faith compliance with the Development Agreement Please call me if you have any questions or require additional information. Sincerely, f Dennis Mitchem cc: Jim Bizzelle, Pardee Construction Co. �tc��i -�uv� v�_ �2e -:� Zcc?3 -Z� -t ciS c- arv�erxl �L Cx l�telE Voe- I�ec er cl E ��c d- r�x L,rr� MOORPARK CITY COUNCIL, ." -�_... AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1:1)5T— DATE: March 7, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Approval of a Resolution Authorizing the Destruction of Certain Records BACKGROUND AND DISCUSSION Government Code Section 34090, et. seq., authorizes the destruction of City records that are no longer required, with the approval of the legislative body by resolution and the written consent of the City Attorney. The City Attorney's written consent is included with the attached draft resolution. The records that are intended to be destroyed are shown on the list attached to the resolution. The proposed destruction of records is consistent with the City Council's approved Records Retention Schedule and state law. STAFF RECOMMENDATION Adopt Resolution No. 2003- Attachment: Draft Resolution RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, Government Code Section 34090, et. seq., authorizes the destruction of City records, documents, instruments, books, or papers after the same are no longer required, with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the records set forth in Exhibit "A ", attached hereto, are older than two years; do not affect title to real property or liens thereon; are not court records or matters of pending or threatened litigation; and are not minutes, ordinances or resolutions of the City Council or any board or commission of the City; and are not records required to be kept by statute. SECTION 2. The City Council also finds that the City Attorney and the City Clerk have given written consent to the destruction of said records, as shown on Exhibit "A ". SECTION 3. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A ". SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A" Resolution No. 2003 - Page 2 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Location Description of Record Dates (Vault Paper Copy of Approved Budgets FY 1984 -1985 Storage Fiscal Years 1984 -19085 through through 2000 -2001 (Electronic copy will be FY 2001 -2002 maintained as a permanent record) Citation: California Government Code, Section 34090 i City City Manager Calendars 1992 -1995 Manager's Office Citation: California Government Code, Section 34090 Public Parking Citations Works Dept. Prior to 1999 Citation: California Government Code, Section 34090.7 Video City Council and Prior to 2002 Cabinet Redevelopment Agency Meeting Video Tapes (Minutes Approved) California Government Code, Section 34090.7 Consent to Destruction: Joseph M. Montes City Attorney Date Deborah S. Traffenstedt Date City Clerk Resolution No. 2003 - Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2003- was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of March, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this day of , 2003. Deborah S. Traffenstedt, City Clerk (seal) - 111 --;)CC�3 - �2Cvrn rn vicar, -hCYl _ MOORPARK CITY COUNCIIh`x":._ -� AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk DATE: March 7, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Rejection of Claim: Nancy T. Dion BACKGROUND On February 28, 2003, the City received the above referenced claim for damages. The claim was forwarded to the City's claims adjuster for review. DISCUSSION The claim is for reimbursement of costs related to a "trip and fall" incident on September 3, 2002, on the Mountain Trail Street sidewalk in front of the Traditions Townhomes. The City's Public Works Department staff provided confirmation that the subject sidewalk is the responsibility of the Traditions Homeowner's Association. The City of Moorpark's claims adjuster has recommended that a standard rejection letter be sent to the claimant. STAFF RECOMMENDATION Reject the claim and direct staff to send a standard rejection letter to the claimant. �, r ' 0 — 7A :. A ^cv �cl, t roc' iu c�t.v r��C',;4�rt�v�c� �•� to �� -•t �c'8 �-�� {. MOORPARK CITY COUNCIL -- AGENDA REPORT ' TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared by Joseph Fiss, Principal Plannert� DATE: March 7, 2003 (CC Meeting of 3/19/03) SUBJECT: Consider Rescission of City Council Resolution No. 98- 1508 Regarding the Golf Course Commencement Date for Moorpark Country Club Estates - Toll Brothers BACKGROUND On April 18, 1996, the City Council and Bollinger Development entered into a Development Agreement (DA) regarding the Moorpark Country Club Estates. At that time there was a provision in the DA that set forth the commencement date for the golf course. In September 1998, Resolution No. 98 -1508 was presented to and adopted by the City Council waiving a condition of the DA and establishing a new commencement date for the two (2) golf courses. Since this time, there has been a Settlement Agreement and one (1) amendment signed between Toll Brothers and the City. DISCUSSION Since the City and Toll Brothers have agreed to a settlement of the issues and a first and second amendment to that Settlement Agreement, Resolution No. 98 -1508 is no longer applicable and should be rescinded. The issue addressed in Resolution No. 98- 1508 is covered in either the Settlement Agreement, amendments thereto, or the Conditions of Approval of the Conditional Use Permit (CUP) and Residential Planned Development (RPD). STAFF RECOMMENDATION Adopt Resolution No. 2003- rescinding City Council Resolution No. 98 -1508. Attachment: Proposed Rescission Resolution No. 2003- S: \Com-nunity Development \DEV PMTS \R P D \1999 -01 Toll \CC030219 Agenda Report - Toll Reso Recind.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 98 -1508 ADOPTED SEPTEMBER 1998 REGARDING INTERPRETING THE INTENT OF AND CONDITIONALLY WAIVING A PROVISION OF THAT CERTAIN DEVELOPMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF MOORPARK AND BOLLINGER DEVELOPMENT INCORPORATED ON APRIL 18, 1996 WHEREAS, on March 19, 2003, the City Council of the City of Moorpark adopted a second amendment to the Settlement Agreement between Toll Brothers and the City of Moorpark; and WHEREAS, the Settlement Agreement, and first and second amendment to the Settlement Agreement, address the interpretations and provisions that are addressed in City Council Resolution No. 98 -1508. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In approving the Settlement Agreement and subsequent first and second amendments to the Settlement Agreement, the City Council has rendered the interpretations of City Council Resolution No. 98 -1503 unnecessary. SECTION 2. The City Council of the City of Moorpark does hereby rescind City Council Resolution No. 98 -1503 in its entirety. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk CC ATTACHMENT 1 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council From: Hugh R. Riley, Assistant City Manager DATE: March 7, 2003(Meeting of 3/19/03) SUBJECT: Consider Resolution Urging the State Legislature to Reject the Governor's Proposal to Shift Local Government's Share of VLF Revenue and To Honor the 1998 Commitment to Restore the VLF. DISCUSSION: Governor Davis, in his budget deliberations with the Legislature, continues to support the shifting of local government's share of the Vehicle License Fee revenue which is now being backfilled by the State's General Fund. The fees were reduced by the legislature in 1998 -1999 during a period when the State was experiencing a significant budget surplus. Legislation passed to reduce these fees included a provision that, should the surplus situation change, a restoration of the 1998 VLF would be triggered. The governor's proposed budget ignores that commitment in the original legislation. The shift of the local government share of VLF revenue would reduce revenue to the City of Moorpark by approximately $ 1.4 million based on current revenue projections. Staff has prepared a resolution opposing these budgetary actions by the State. STAFF RECOMMENDATION: Adopt Resolution No. 2003 - Attachment: Resolution No. 2003- L RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VLF REVENUES AND TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF WHEREAS, prior to 1935, cities and counties collected property taxes on motor vehicles to fund essential local public health and safety services; and WHEREAS, in 1935, the Legislature first enacted the Vehicle License Fee (VLF) Act, replacing the property tax on vehicles with a 1.75 percent fee charged against the value of the motor vehicle; and WHEREAS, in 1948, the rate of the VLF was increased to 2 percent of the value of the vehicle; and WHEREAS, in 1986, the voters voted overwhelmingly to constitutionally dedicate the proceeds of the VLF to fund city and county services; and WHEREAS, in 1998, a period of strong economic growth, the Legislature approved the use of a portion of the rapidly growing state General Fund to reduce the VLF payments of vehicle owners. This amount, known as the "offset ", grew in future years to a 67.5 percent offset against the amount owed. The amount paid to local governments in lieu of the reduced VLF payment is known as the "VLF backfill "; and WHEREAS, the 1998 legislation and subsequent enactments contain clear provisions that when insufficient funds are available to be transferred from the General Fund to fully fund the offsets and backfill amount that the VLF offset shall be reduced and VLF payments increased; and WHEREAS, VLF percent of typical average, more than more than half of enforcement, fire, programs. and backfill revenues constitute 15 to 25 city and county general purpose revenues. On 60 percent of city general fund spending and county general funds go to front line law emergency medical services, and health care WHEREAS, revenues derived from the VLF and backfill are of critical importance in funding vital local public health and safety services; and WHEREAS, any failure by the Legislature to maintain the VLF backfill or restore the VLF will cause widespread disruption in local government services essential to the wellbeing of California citizens and their cities and counties; and WHEREAS, Governor Davis' proposal to divert $4 billion in local VLF backfill payments over the next 17 months fails to honor the 1998 commitment and is a direct assault on local services that will be felt by every California resident; and WHEREAS, shifting $4.2 billion in revenues for local services is neither equ state program or department has been asked disproportionate share of the budget pain. top of the nearly $5 billion each year that local services to fund state obligations. locally controlled itable nor fair. No to shoulder such a These cuts come on is transferred from NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That if the state General Fund can no longer afford the expense of part or all of the VLF "backfill" that the Legislature and Governor of California are hereby respectfully urged to implement the provisions of current law providing for the reduction of the VLF offset in bad economic times and to restore the VLF in an amount necessary to reduce the VLF backfill; and SECTION 2. That the City of Moorpark hereby expresses its profound appreciation to the legislators who support such VLF restoration legislation. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk To: From: Date: Gime,lF�fbti "_ C10c -5 i'���u�recir r5 MOORPARK CITY COUNCIL AGENDA REPORT s'l' Honorable City Council Nancy Burns, Senior Management Analyst tq.b'- March 13, 2003 (CC Meeting of March 19, 2003) Subject: Consider Resolution Authorizing the Sale of 284 Charles Street DISCUSSION The City acquired property at 284 Charles Street on October 11, 1999, through tax default of the former owner. A replacement house has been constructed on this property, per terms of an Agreement of Purchase and Sale between the Redevelopment Agency and the property owner at 661 Magnolia Street. The latter property is needed for construction of the proposed fire station on High Street. Escrow has been opened to finalize the purchase and sale described above and is now ready to close. The City will be transferring ownership of 284 Charles Street to the Redevelopment Agency which, in turn will exchange the improved property with the property owner for the 661 Magnolia Street and $1.00. STAFF RECOMMENDATION 1. Approve Resolution No. 2003- , authorizing the transfer of 284 Charles Street, Moorpark, California, to the Moorpark Redevelopment Agency for subsequent sale to the property owner of 661 Magnolia. 2. Direct the City Manager to request reconveyance of the City's interest in this property. 00�,;Z40 RESOLUTION NO. 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY DESCRIBED AS 284 Charles Street, APN 512 -0- 093 -070 WHEREAS, the City of Moorpark, a municipal corporation, wishing to encourage the availability of Affordable Housing for low income households within the City, purchased said property through tax default on October 11, 1999, in order to resell the unit to a low income household; and WHEREAS, the Moorpark Redevelopment Agency will purchase the property at 661 Magnolia Street, in order to facilitate the construction of a fire station on High Street; and WHEREAS, in order to provide a replacement dwelling for the low income household being displaced in the above action, the Redevelopment Agency has caused to be constructed upon 284 Charles Street a replacement dwelling of approximately the same size as that dwelling at 661 Magnolia Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:' SECTION 1. The real resolution consists of 284 as described on Exhibit incorporated herein, and Exhibit "B" which is al herein. property that is the subject of this Charles Street, APN 512 -0- 093 -070 and "A" which is attached hereto and as more particularly depicted on so attached hereto and incorporated SECTION 2. The City Council hereby declares its intention to transfer its interest in 284 Charles Street to the Moorpark Redevelopment Agency for subsequent sale by the Agency to the present owner of 661 Magnolia Street. SECTION 3. The City Manager shall request reconveyance of the City's interest in said real property. SECTION 5. This resolution shall become effective immediately upon its adoption. O�J'%,241 Resolution No. 2002 - Page 2 SECTION 6. The City Clerk shall certify to. the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit "A" Exhibit "B" F-� z, .. 80 Resolution No. 2002 - Page 3 Exhibit "A" Map POR TRACT L , RO. SIMI Tax RateAiea 10066 10039 006 STREET '32- B0 CP 9q 1 No' 00 t9-T 4ECESSARILY CG.�STI UTE U AL ,T5 r IT Z! Pbi 81.3 FD - Hf,092 LI'ECK W.TM 'CJVM SLJFTVEYO�5 -�-Fj-,F Cz i "J.AFA 15,. 0jPg. �N-� 7) VISION TO VEAI1 1 141 13 a IC 1i 1 13 1 -At '14 GLJP 4AU NOTE - Assessor's Block Numbers '32- B0 CP 22:2�- Fb foq 2.34 Ar- ck's, — 3 S. P R R. 5i2-0-090-03 - - 9q 1 No' 00 t9-T 4ECESSARILY CG.�STI UTE U AL ,T5 —1 C) LI'ECK W.TM 'CJVM SLJFTVEYO�5 -�-Fj-,F Cz i 0jPg. �N-� 7) VISION TO VEAI1 1 �, a IC 1i 1 13 1 -At '14 15, 15 NOTE - Assessor's Block Numbers Shown n Ellipses 5 Pg. 37 4S90550r'5 POrCel Numbers Shown in CirCfe$ 7 Assessor's Unerc; Numbers [17 NOIn IN CLAO 4- 093 h2 (,)n 7` Q) :1 4 3 S (1 5) PD '43 22:2�- Fb foq 2.34 Ar- ck's, — 3 S. P R R. 5i2-0-090-03 - - 9q 1 No' 00 t9-T 4ECESSARILY CG.�STI UTE U AL ,T5 —1 C) LI'ECK W.TM 'CJVM SLJFTVEYO�5 -�-Fj-,F Cz i r4 0jPg. �N-� 7) VISION TO VEAI1 1 3k. 5 NOTE - Assessor's Block Numbers Shown n Ellipses 5 Pg. 37 4S90550r'5 POrCel Numbers Shown in CirCfe$ 7 Assessor's Unerc; Numbers Shown n Squares bj 512-09 F 008 L STREET HWY. HB NE. XR. U PER 5RM! l► f 4W 512-0-090-06 CITY OF MOOORPARK Assessor's Map 8k, 512 , Pg 09 County of Ventura, Calif Resolution No. 2002 - Page 4 Exhibit "B" Legal Description SAID LAND IS SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE NORTH 100 FEET OF LOT 15, BLOCK "E ", TOWN OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SAID LOT IS DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED `'MAP OF A PART OF TRACT "L" OF RANCHO SIMI, VENTURA COUNTY, SHOWING THE TOWNSITE OF MOORPARK AND LANDS OF MADELINE R. POINDEXTER, A RESUBDIVISION OF FREMONT TRACT ", AND RECORDED IN BOOK 5 PAGE 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2. 44 _ , - . A0 q ca .. ......_.. ORDINANCE NO. 292 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING TITLE 10, VEHICLES AND TRAFFIC, BY ADDING NEW CHAPTER 10.20, SKATEBOARD, MOTORIZED SKATEBOARD, SCOOTER, MOTORIZED SCOOTER, ROLLER SKATE AND IN -LINE SKATE REGULATIONS WHEREAS, the City Council has determined that regulations are needed to allow prohibition of skateboard, motorized skateboard, scooter, motorized scooter, roller skate and in -line skate use on posted public and private property; and WHEREAS, the City Council considered first reading of an ordinance amending Title 10, Vehicles and Traffic, by adding new Chapter 10.20, Skateboard, Motorized Skateboard, Scooter, Motorized Scooter, Roller Skate and In -line Skate Regulations at its special meeting on March 5, 2003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.20 is hereby added to Title 10, Vehicles and Traffic, to read as follows: "SKATEBOARD, MOTORIZED SKATEBOARD, SCOOTER, MOTORIZED SCOOTER, ROLLER SKATE AND IN -LINE SKATE REGULATIONS Sections: 10.20.010 Definitions 10.20.020 Skateboard, motorized skateboard, scooter, motorized scooter, roller skate and in- line skate use prohibited where posted- - Public property. 10.20.030 Skateboard, motorized skateboard, scooter, motorized scooter, roller skate and in- line skate use prohibited where posted- - Private property. 10.20.040 Violation - Penalty 10.20.010 Definitions. Whenever any words or phrases used in this chapter are not defined in this chapter, but are defined in the State of California Vehicle Code, such definitions are Ordinance No. 292 Page 2 incorporated in this chapter and shall be deemed to apply to such words and phrases as used in this chapter as though set forth herein in full. 10.20.020 Skateboard, motorized skateboard, scooter, motorized scooter, roller skate and in -line skate use prohibited where posted -- Public property. A. No person shall ride, propel or in any manner operate a skateboard, motorized skateboard, scooter, motorized scooter, roller skate or in -line skates on, along, or over any public street, on any bikeway, bicycle path or trail, or hiking or recreational trail, sidewalk, right -of -way or other public property of the city and its Redevelopment Agency where the City Council has prohibited the same by resolution. B. The prohibition set forth in this section shall not apply until notice has been provided in accordance with this section. 1. Notices shall be provided in and about the area where the activity is to be prohibited. Notices shall be placed in locations and in sufficient numbers so that they are reasonably likely to be seen by those engaging in the prohibited activities. The notice may be stenciled directly onto the sidewalk or other paved surfaces and shall be provided on a sign that is displayed, in plain view, at each entrance to the area where the activity is to be prohibited. Stencil and sign notice shall be provided in contrasting black or white lettering. 2. Each notice stenciled directly onto the sidewalk or other paved surfaces shall identify in uppercase letters at least two (2) inches in height, which activities are prohibited, and underneath shall provide in, print at least one (1) inch in height, "Moorpark M.C. 10.20.020." 3. Each notice placed on a sign shall be not less than seventeen (17) by twenty -two (22) inches in size, with lettering not less than one (1) inch in height, and shall identify which activities are prohibited and "Moorpark M.C. 10.20.020." Ordinance No. 292 Page 3 10.20.030 Skateboard, motorized skate use property. motorized skateboard, scooter, scooter, roller skate and in -line prohibited where posted -- Private A. No person shall ride, propel or in any manner operate a skateboard, motorized skateboard, scooter, motorized scooter, roller skates or in -line skates on, along or over any privately owned property in the city where the owner, manager, or other person in charge has prohibited the same. B. The prohibition set forth in this section shall not apply until notice has been provided in accordance with this section. 1. Notices shall be provided in and about the area where the activity is to be prohibited. Notices shall be placed in locations and in sufficient numbers so that they are reasonably likely to be seen by those engaging in the prohibited activities. The notice may be stenciled directly onto the sidewalk or other paved surfaces and shall be provided on a sign that is displayed, in plain view, at each entrance to the property where the activity is to be prohibited. Stencil and sign notice shall be provided in contrasting black or white lettering. 2. Each notice stenciled directly onto the sidewalk or other paved surfaces shall identify in uppercase letters at least two (2) inches in height, which activities are prohibited, and underneath shall provide in, print at least one (1) inch in height, "Moorpark M.C. 10.20.030." 3. Each notice placed on a sign shall be not less than seventeen (17) by twenty -two (22) inches in size, with lettering not less than one (1) inch in height, and shall identify which activities are prohibited and "Moorpark M.C. 10.20.030." C. For the purposes of this section, "private property" shall be deemed to include property owned by other public agencies within the city of Moorpark. Ordinance No. 292 Page 4 10.20.040 Violation -- Penalty. Violation of any provision of this chapter shall be deemed a misdemeanor /infraction and shall be punishable in accordance with Chapter 1.12 of this code." SECTION 2. 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 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk AC w` { • U ORDINANCE NO. 293 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 3.16.050 OF CHAPTER 3.16, INVESTMENT OF CITY FUNDS, OF TITLE 3, REVENUE AND FINANCE WHEREAS, Ordinance No. 2 was enacted by the Moorpark City Council on July 20, 1983 to establish the Moorpark Municipal Code; and WHEREAS, Section 3.16.050 sets forth the requirement for the City Treasurer to provide periodic reports to the City Council containing information about City investments; and WHEREAS, the City Council now wishes to amend this section to reflect newly legislated reporting requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.16, Investment of City Funds, Section 3.16.050, Reports to Council, is hereby amended in its entirety to read as follows: "A. The city treasurer shall make a quarterly report to the city council of all investments made pursuant to the authority delegated in this chapter within thirty (30) days following the end of the quarter. The city treasurer shall submit copies of quarterly investment reports to any oversight committee determined by state law. B. The city treasurer shall annually render a statement of investment policy to the city council which the city council shall review and approve at a public meeting. The statement of investment policy shall be submitted to any oversight committee determined by state law." Ordinance No. 293 Page 2 SECTION 2. 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 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. 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 weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this ATTEST: day of March 2003. Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk _" "-