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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council 7Z�i�e
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J� t )V X�f�► FROM: Mary K. Lindley, Director of Community �'11 '�
DATE: December 21, 1999 (CC Meeting of January 3, 2000)
SUBJECT: Consider August 18, 1999, City Council Minute Action
Regarding Early Construction of the Park in the
Carlsberg Specific Plan
DISCUSSION
The City Council is being asked to amend action taken at the
August 18, 1999, City Council meeting regarding the early
construction of the park in the Carlsberg Specific Plan
(Specific Plan 92 -1). At that meeting, the staff recommendation
approved by the Council stated the following: "Approve
Carlsberg's request to amend the Settlement Agreement allowing
them to proceed with the construction of the park in the
Carlsberg Specific Plan..." Attachment "A" to this report is the
August 18, 1999, Agenda Report.
Upon further review of the Settlement Agreement, it is not
necessary to amend it to accommodate Carlsberg's request. The
Agreement only addresses that the park shall be dedicated to the
City and available to the public prior to the occupancy of the
227th dwelling unit. The City's approval of Carlsberg's request
is consistent with the Settlement Agreement.
To that end, the City Council is being asked to amend its
previous action to be as follows: Approve Carlsberg's request to
proceed with the construction of the park in the Carlsberg
Specific Plan without amending the Settlement Agreement.
000041
Carlsberg Park Construction
Page 2
STAFF RECOMMENDATION
Staff Recommends that the City Council:
1. Reconsider its action taken at the August 18, 1999,
meeting to require amendment of the Carlsberg
Settlement Agreement to allow Carlsberg to proceed
with early construction of the park; and
2. Reconsider the vote on August 18, 1999, and approve
revised action to approve Carlsberg's request to
proceed with early construction of the park without
amending the Carlsberg Settlement Agreement.
\ \MOR PRI SERV \home folders \MLindley \carlsberg amd ccagd.doc
CITY COUNCIL AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services ol, —
DATE: August 12, 1999 (CC Meeting of August 18, 1999)
SUBJECT: Consider Request From Carlsberg for Early Construction
of the Park in the Carlsberg Specific Plan
BACKGROUND
Carlsberg is requesting the City's approval to proceed with the
construction of the Park included in Specific Plan 92 -1.- Under the
Settlement Agreement between the City of Moorpark and Carlsberg,
the developer is obligated to design and construct the park
(approximately 6.5 acres). As- specified in the.Agreement, Section
5.b.2 (see Attachment A), the park is to be dedicated to the City
and available for public use `prior to the occupancy of the 227th
dwelling unit ". Additionally, the Settlement Agreement includes
a description of the various park improvements; e.g., softball
field, tennis court, basketball court, parking lot, restroom, etc.,
and requires Carlsberg to. provide park maintenance for a minimum of
one year following dedication to the City.
On June 4, 1997-, the City Council reviewed and approved the
conceptual design for the park (see Attachment Br. As you may
recall, the conceptual design included tennis court lighting, which
was not a part of the Settlement Agreement, but to which Carlsberg
agreed at the City's request. Prior to the discontinuation of the
former Park Assessment District, Carlsberg provided the City with
a letter indicating that it wanted to proceed with construction of
the park earlier than prescribed in the Settlement Agreement. To
address thw-Gstycs- c onatraints regarding park_ maintenance funding,
Carlsberg proposes amending the Settlement to obligate Carlsberg to
maintain the_p4rk.LQ= fund maintenance performed by the City
estimated to be approximately $68,000 annually) up to the occupancy
of the 227th dwelling unit, and then as originally agreed, to
continue to maintain the park for one year after its dedication to
\\ MOR _PRI_SERV \home_folders \MLindley \PARKS \CARLSBRG.AGD
Carlsberg Park Construction
August 12, 1999
Page 2
the City. Therefore, even though the park would be constructed on
an earlier timeline, the City's responsibility to fund the
maintenance of the park would remain the same, one year after the
occupancy of the 227 " dwelling unit (Attachment C - Carlsberg
letter). At that time, the estimated date of occupancy of the 227`
dwelling unit was approximately three plus years away. Staff
believes this time line has not moved and it may still be three
years from today before the City is obligated to maintain the park
in Specific Plan 92 -1. -
DISCUSSION
With the discontinuation of the former Park Assessment District,
the Developer held off pursuing its early construction request. Now
that a new Park Maintenance Assessment District has been approved,
the developer has once again asked staff to agendize its requested
for early construction for consideration by the City Council.
The formation of the recent Park and Recreation Maintenance and
Improvement Assessment District boundaries include the Carlsberg
Development project. The properties in the project area will be
assessed for park maintenance along with all other properties in
the District. The City has the mechanism in place so that following
the developer's maintenance obligation, the maintenance of the
Carlsberg Park can be funded from the Assessment District budget.
However, the City Council also has the option to consider not
building the park, or delaying its construction to the time line
identified in the Settlement Agreement. Additionally, the property
could simply be left vacant, or the developer could propose an
alternate use.
In light of the City's previous intent to have a neighborhood park
located within the Carlsberg project, the requirements of the
Settlement Agreement, and the newly established Park Maintenance
Assessment District, staff believes that the construction of the
proposed Carlsberg Park is still desirable. Staff recommends that
the City Council approve the construction of the park within
Specific Plan 92 -1. Additionally, it is proposed that while the
developer bears the financial responsibility for the period
previously identified, the City will administer maintenance and
operations activities for the newly constructed park. Details
related to maintenance and operations will be finalized between
City staff and the developer.
000O44
Carlsberg Park Construction
August 12, 1999
Page 3
RE CObMNDAT IOI#
Staff recommends that the City Council:
1. Approve Carlsberg's request to amend the Settlement
Agreement allowing them to proceed with the construction
of the park in the Carlsberg Specific Plan;
2. Confirm that the developer shall assume the cost of fully
maintaining the improved park, under City administration,
through the occupancy of the 227th dwelling unit, at
which time the City will be asked to formally accept the
park; and
3. Confirm that developer, as specified in the Settlement
Agreement, will continue to assume maintenance cost for
the park, under City administration, for one full year
after the City's acceptance.
-t [.,3- "/. c, (A w,., n
000045
Cn 5, b . Z_ Se��menk pnreemen�-
shall not issue until this Agreement becomes effective pursuant to
Section 3.
b. (2) Within the boundaries of the property described
in Exhibit A, Simi shall dedicate, at its sole cost and expense,
park land and nature preserve land to the City of Moorpark as shown
on the Amended Specific Plan Exhibit 7. Within the boundaries of
the property described in Exhibit B, Conejo shall dedicate, at its
sole cost and expense, park land and nature preserve land to the
City of Moorpark as shown on the Amended Specific Plan Exhibit 7.
At their sole cost and expense, Plaintiffs shall make improvements
to the park land dedicated pursuant to this Subsection and shall
provide maintenance of the land and improvements, irrespective of
which of the Plaintiffs made the dedication.
The improvements shall include, at City's sole discre-
tion, the following:
(a) Softball field with a minimum of 300 foot
outfield radius with no obstructions, backstop, foul line chair,
link fencing, fenced dugouts with concrete floors and bleachers on
concrete pads to seat 150 people;
(b) Regulation soccer field, 225 feet wide and
360 feet long with no obstructions, that does not overlap onto the
softball field area, except as approved by the City Council, and
two (2) semi - permanent goals;
(c) Two tennis courts;
(d) Full basketball court;
(e) Children's play equipment/ apparatus and
tot lot similar in size and area as at City's Tierra Rejada Park;
(f) Concrete block restroom with tile roof;
(g) Picnic shelter with solid roof and
matching tile to the restroom; and
(h) Off - street parking with a minimum of 30
standard sized parking spaces.
Final design, plans and specifications shall be as
approved by the City Council, including applicable handicapped
requirements, and shall include but not be limited to grading,
drainage, hardscape (walkways, bike paths, etc.) landscape (trees,
shrubs, groundcover and turf), security lighting for the park and
parking lot, and miscellaneous amenities in quantities as
determined necessary by City (tot lot, and park perimeter fencing,
trash receptacles, trash bin enclosures, bike racks, barbecues,
picnic tables, pay telephone, identification monument signs, and
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000046
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other signage, etc.). In addition to water, sewer and electrical
services, the improvements shall include stub out into the park at
a location determined by City for natural gas, telephone, and cable
television services. At their sole cost and expense, Plaintiffs
shall: (i) design the park -and submit conceptual plans for City
approval, (ii) prepare final design, plans and specifications and
submit the same to City Council for approval, (iii) submit the
approved final plans and specifications to City for plan check
along with appropriate fees, and (iv) pay City for inspection of
the park-construction.
The park shall be dedicated to City improved and
available (open) to the public prior to the occupancy of the 227th
dwelling unit within the boundaries of the Amended Specific Plan.
After the park is opened to the public and prior to its formal
acceptance by City, Plaintiffs shall provide a minimum of one
year's maintenance for the park land and improvements, including
all labor, materials, and water, in accordance with the specifica-
tions used by City at its parks. The nature preserve land shall be
dedicated to the City of Moorpark at such time as is specified in
the Amended Specific Plan.
Plaintiffs and Defendants acknowledge that the above
described improvements along with the dedication of the above -
described park land and nature preserve shall be deemed to satisfy
the "Quimby" requirement set forth at California Government Code
Section 66477 jat sea. for all subsequent subdivision maps within
the Amended Specific Plan area for a maximum of 551 residential
units. Plaintiffs shall secure the above described improvements
and the one year maintenance requirement by the execution of City's
standard subdivision agreement prior to the approval of the first
final tract map or the first final parcel map within the Amended
Specific Plan area.
(3) As a condition of the issuance of a building
permit for each commercial or industrial use within the boundaries
of the Amended Specific Plan, Plaintiffs shall pay City a fee, in
an amount set by resolution of the City Council, to be used for
park improvements within the City of Moorpark. The amount of the
fee shall be the same as that paid for other commercial and
industrial uses, but in no event shall the fee exceed fifty cents
($.50) per square foot of gross floor area. 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.
-1.. �_ .
(4) As a condition of the issuance of a building
permit for each residential, commercial or industrial use within
the boundaries of the Amended Specific Plan, Plaintiffs shall pay
City, except as provided in Section 12, a development fee as
described herein (the "Development Fee ") and any capital develop-
ment fee adopted by the City Council on or before April 30, 1995
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,tlL 20 '98 04 :24PM CARLSBERG
`SIMI-CONEJO CONSTRUCTION
July 17, 1998
Mr. Steven Kueny, City Manager
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Re: Construction of Carlsberg Ranch Park
Dear Steve:
P.2 /6
INC.
Vu FACsMMF,
AND U.S. MAIL
As you are aware, the undersigned has, for several months, sought to obtain from the City of Moorpark
approved park construction plans and permits to proceed with the installation of park improvements.
To this end, Bob Graves, Mary Lindley, you, and 1 met on June 15, 1998 to discuss timing by the City
Staff to approve the park plans and conditions precedent to the construction of the park.
In this regard, we discussed the City's position of not wanting to assume maintenance of the park until
one year after the occupancy of the 227th home; the fact that Carlsberg and Lennar want to
immediately commence construction of the entire park; and my letter to you dated May 20, 1997
(attached) previously seeking a mutual understanding concerning the construction and maintenance of
the park.
When we concluded our meeting, you stated your support of the following items, subject to approval
by the City Council:
1. Mary Lindley to provide Carlsberg estimated annual maintenance and
replacement expenses for maintenance of the Carlsberg Ranch Park. This cost
is currently estimated to be $63,000 annually.
2. Staff to immediately proceed with the approval of the park construction plans.
The estimated time of obtaining signed park plans will be on or before August
19, 1998.
3. The City would not formally accept the park as complete until the occupancy of
the 227th dwelling unit. Accordingly, the required one year maintenance
period would commence on the date of occupancy of the 227th dwelling unit.
4. If Carlsberg and Lennar desire to immediately commence construction of the
park, then one or both parties shall bear the maintenance expense of the park
from completion of the park to one year after the occupancy of the 227th
dwelling unit, whereupon the City will assume the maintenance of the park.
5. The issue concerning the construction of the Carlsberg Ranch Park will be _
scheduled for the August 19, 1998 City Council meeting for their consideration
2 NomTH L Kr AveNuz, Surre BOO • PASAOeMA. CA 91 1 0 1 000049
(5261577 -1 130 • FAX (626)577 -8687
JUL 20 '98 04:24PM CARLSBERG
Mr. Steven Kueny
July 17, 1998
page 2
and approval of the above conditions.
P.3 /6
I hope that the above accurately sets forth what we discussed. I will share the maintenance issue with
Lennar representatives and inform you in writing of what Lennar and/or Carlsberg is prepared to
accept prior to August 19, 1998.
Thank you, Steve, for your courtesy and cooperation.
Sincerely,
SIMI- CONEJO CONSTRUCTION, INC.
John .Jameson
.ice Presi�ietrt�
JWJ js
Enclosure
cc: Paul J. Giuntini
Robert C. Graves
Darin J. Hansen
Mary Lindley
®00 (KA)
T1 11 ^^a + GO I _ • 71--