HomeMy WebLinkAboutAGENDA REPORT 2001 0905 CC REG ITEM 10D-- 11,2L. 3 (24)
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CITY OF 1� 0 P. , CALIFORNIA
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MOORPARK CITY COUNCIL
AGENDA REPORT By.
To: The Honorable City Council
From: Wayne Loftus, Director of Community.Development'1'e
Prepared by Laura Stringer, Senior Management Analyst,,c
Date: August 28, 2001 (CC Meeting of 9/5/01)
Subject: Consider Report of Annual Development Agreement Review,
Established in connection with 43.32 Acres of Land
Located West of Gabbert Road, North of the Westerly
Extension of Poindexter Avenue (A -B Properties and
Southern California Edison Company)
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 and to assure
development in accordance with the terms and conditions of the
agreement.
On December 16, 1998 the Moorpark City Council adopted Ordinance
No. 250 (effective January 15, 1999), approving a Development
Agreement between the City of Moorpark and A -B properties and a
Development Agreement between the City of Moorpark and Southern
California Edison Company. The agreements were approved in
connection with General Plan Amendment (GPA) NO. 97 -2 and Zone
Change (ZC) No. 97 -6, including a proposed thirty -four and one -half
(34.5) acre industrial development (A -B Properties) and
approximately nine (9) acres owned by Southern California Edison.
These properties are located approximately 1,300 feet west of
Gabbert Road, north of the westerly extension of Poindexter Avenue.
Both Development Agreements remain in full force and effect for
twenty (20) years from the operative date of the agreements (until
January 15, 2019).
S: \Community Development \Everyone \Development Agreements \Development Agreements \cc - A 01i
agrpt.abprop.darev.f.8.21.01.doc '
Honorable City Council
August 28, 2001
Page 2
Provisions of the agreements require annual review and report to
the City Council on the status of completion of all aspects of the
agreements. The developers have submitted the necessary
application forms, related materials, and fees /deposits. The
Director of Community Development has reviewed the submitted
information, including the project status and provides the
following report.
DISCUSSION:
Proiect Status
• Tentative Tract No. 5147, a seventeen (17) lot subdivision
proposed by A -B Properties, was conditionally approved by the
City Council on March 15, 2000, per Resolution No. 2000 -1714.
The approved tentative tract map includes offsite improvements
for the north -south connector to the future Highway 118 by -pass,
and for the southerly half and easterly extension of "C" Street
to Gabbert Road. The easterly extension of "C" Street will
serve as interim access to the project until a railroad
underpass and linkage to Los Angeles are constructed. Following
completion of this linkage to Los Angeles Avenue, the "C" Street
connection to Gabbert Road will be emergency access only.
Portions of these offsite improvements are within the Southern
California Edison property. All other activities are on hold
pending resolution of funding mechanisms for infrastructure
requirements.
• Southern California Edison Company has not initiated any specific
development proposals.
Developer Compliance with Terms of Agreement
A -B Properties' and Southern California Edison Company's
development responsibilities are included in Section 6 of each of
the Development Agreements. Both Development Agreements are
similar with exceptions for names; revisions to Section 6.10
regarding the future 118 by -pass, (subsequently recognized by the
City Council as a future arterial) as it relates to each property;
and deletion of Section 6.17 on the Southern California Edison
agreement relating to dedication of a conservation easement, which
does not affect the Southern California Edison property.
Compliance with the terms and conditions of the Development
Agreement will occur at various stages of the development process.
0li
Honorable City Council
August 28, 2001
Page 3
Action by the developer, and other clarifying information has been
noted. Where no comment appears, no specific activity has
occurred.
1. Compliance with Development Agreement, Project Approvals and
Subsequent approvals. (A -Band SCE)
Although A -B Properties has gained approval of Tentative
Tract No. 5147, no additional entitlements or permits have
been requested. No development may take place until an
Industrial Planned Development Permit is filed for individual
lot development or for all of the lots in the subdivision.
Southern California Edison Company has not submitted specific
development proposals beyond the General Plan Amendment and
Zone Change.
2. Dedicated lands to be free and clear of liens and
encumbrances, including off -site property required for street
extensions or improvements. (A -B and SCE)
The developers will provide clear title to any property
required for dedications.
3. Payment of Park Improvement Fee of twenty -five cents ($.25)
per square foot of gross floor area. (A -B and SCE)
These fees will be adjusted annually (until paid) using the
Consumer Price Index (CPI) in accordance with the agreement.
Fees must be paid prior to issuance of building permits.
4. Payment of "Development Fees" of twenty -one thousand dollars
($21,000) per acre of each lot on which the building is
located. (A -B and SCE)
These fees will be adjusted annually (until paid) using the
Consumer Price Index (CPI) in accordance with the agreement.
Fees must be paid prior to issuance of building permits.
5. Payment of "Citywide Traffic Fees" of eighteen thousand
dollars ($18,000) per acre of each lot on which the building
is located. (A -B and SCE)
00.
Honorable City Council
August 28, 2001
Page 4
These fees will be adjusted annually (until paid) using the
State Highway Bid Price Index in accordance with the
agreement. Fees must be paid prior to issuance of building
permits.
6. Payment of all outstanding city processing and environmental
processing costs. (A -B and SCE)
The Annual Review Applications and $1,760 deposits for each
Development Agreement - Annual Reviews were paid. A -B
Properties currently has a fund deficit of approximately
$13,944. Staff has been in contact with,the developer's
representative regarding this issue. Attachment 3 reflects
correspondence between the developer, the developer's
representative and the staff regarding this matter.
Additional audit effort has been commenced following recent
contact between A -B Properties representative and staff
concerning certain specific accounting entries. The
representative for A -B Properties has indicated that pending
clarification of various charges, the deficit would be paid
in full by not later than September 30, 2001.
7. Agreement to payment of "Air Quality Fee" to be calculated by
the City as a condition on each subsequent approval. (A -B and
SCE)
8. Agreement to cast affirmative vote for the formation of an
assessment district with the power to levy assessments for the
maintenance of parkway landscaping, street lighting (upon
Council request - parks conferring special benefits). (A -B
and SCE)
9. Agreement to pay all City capital improvement, development and
processing fees. (A -B and SCE)
Reference Item 6. for comments regarding A -B Properties
negative fund balance.
10. Provide irrevocable offer of dedication to the City for the
rights -of -way for the future 118 bypass along the entire
length of the north side of the property and along the east
side of the Gabbert Channel, including a connector with a
radius to be determined by the City. The developer also
agrees to dedication of access rights to the City for the
000
Honorable City Council
August 28, 2001
Page 5
future east /west arterial (formerly 118 bypass), except for
not more than one (1) approved intersection. (A -B)
Provide irrevocable offer of dedication to the City for the
rights -of -way for the future east /west arterial (formerly 118
bypass) along the entire length of the west side of the
property outside of the easements for the Gabbert Channel.
(SCE)
These requirements must be complied with prior to City
Council action on subsequent approvals or grading, whichever
occurs first. The required rights -of -way have been reflected
on approved Tentative Tract Map No. 5147.
11. Agreement to provide grading of right -of -way for the future
east /west arterial (formerly 118 bypass). (A -B and SCE)
This requirement will be included as a part of any grading
approved for the property.
12. Agreement to comply with all provisions of the Hillside
Management Ordinance. (A -B and SCE)
13. Payment of pro -rata share of funding and construction of
improvements identified in Gabbert and Walnut Canyon Channels
Deficiency Study, and acknowledgement that interim
improvements may also be necessary. (A -B and SCE)
14. Agreement to acquire and construct dedicated public access to
the properties with secondary access in compliance with public
safety requirements. (A -B and SCE)
This requirement must be complied with prior to subdivision
or any new use of the property.
15. Agreement to not oppose creation of a Redevelopment Project
Area, encompassing any part of the property. (A -B and SCE)
16. Agreement not to request any concession, waiver, modification
or reduction of any fee, regulation, requirement, policy or
standard condition for any subsequent approval, and agreement
to pay all fees imposed by the City for future buildings. (A -B
and SCE)
Honorable City Council
August 28, 2001
Page 6
17. Grant a conservation easement to retain property west of
Gabbert Canyon drain in a predominantly open space condition,
with exceptions as described in the Development Agreement.
(A -B Properties only)
The conservation easement is to be recorded with the first
Final Map for the property.
18. (Reference Section 6.17. in SCE DA) Execute and record a
covenant concerning restriction of uses to be permitted in the
rezoned property, consistent with Exhibit B of the Development
Agreement.
19. (Reference Section 6.18. in SCE DA) Agreement to submit
improvement plans for Gabbert Road from the Union
Pacific / Gabbert Road rail crossing to a point approximately
one hundred twenty -five (125) feet north of the rail crossing,
including surety to guarantee improvement. This improvement
is to be constructed prior to issuance of a building permit
for any portion of the property in excess of forty percent
(400) of the total acreage for all lots created by the first
Final Map.
20. (Reference Section 6.19. in SCE DA) Provide traffic study
to determine signalization requirements for the Gabbert
Road /Poindexter Avenue intersection. The traffic study is
required prior to the first subsequent approval for the
project. Developer may be conditioned to construct or pay a
fair share for the traffic.signal.
Construction of the traffic signal, if required, shall be at
the same time as the Gabbert Road improvements.
21. (Reference Section 6.20. in SCE DA) Construct thirty -two
(32) foot wide paved access road to serve as primary access
until such time as improvements per Section 6.22 (6.21 SCE)
are constructed. The paved access road to become emergency
access only upon opening of said improvements to the public.
22. (Reference Section 6.21. in SCE DA) Construct street
improvements extending north from Los Angeles Avenue (SR 118)
to a point approximately six hundred (600) feet north of the
railroad tracks, including an underground crossing of the
Union Pacific railroad tracks. These improvements shall be
constructed prior to issuance of a building permit, for any
C'00044
Honorable City Council
August 28, 2001
Page 7
portion of the property in excess of seventy per cent (700) of
the total acreage for all lots created by the first Final Map.
Preliminary improvement plans and surety to guarantee said
improvements shall be submitted prior to recordation of the
first Final Map. Final improvement plans and an improvement
financing plan must be approved prior to issuance of a
building permit for any portion of the property in excess of
forty per cent (40o) of the total acreage for all lots created
by the first Final Map.
City Compliance with Terms of Agreement
The City's responsibilities are included in Section 7 of both
agreements and include four (4) specific provisions, as summarized
below.
1. Expedite (to the extent possible) the processing of plan
checking and related processing.
2. Exempt this project from payment of the Gabbert Road /Casey
Road Area of Contribution (AOC) fees.
3. Commence proceedings to form a Mello -Roos Community Facilities
District, upon receipt of landowners petition and payment of
fee.
4. Proceed to acquire, if requested, and at developer's sole cost
and expense, easements or fee title to land not held by the
developer, but necessary for construction of required
improvements.
Evaluation of Good Faith Compliance
Based on a review of the Development Agreement Annual Review
Application and the status of the project, the Director of
Community Development has determined, on the basis of substantial
evidence, that A -B Properties has, to date, complied in good faith
with the terms and conditions of.the agreement, with the exception
of the outstanding fund deficit. Additionally, based on a review
of the Development Agreement Annual Review Application and the
status of the project, the Director of Community Development has
determined, on the basis of substantial evidence, that Southern
California Edison Company has, to date, complied in good faith with
the terms and conditions of the agreement
�µ 0 0
Honorable City Council
August 28, 2001
Page 8
STAFF RECOMMENDATIONS:
U
1. Accept the Director of Community Development's Report and
recommendation that, on the basis of substantial evidence, A -B
Properties and Southern California Edison Company have
complied in good faith with the terms and conditions of the
agreement.
2. Deem the annual review process complete for Southern
California Edison Company's Development Agreement and for A -B
Properties' Development Agreement contingent upon receipt of
the outstanding entitlement processing balance by September
30, 2001.
Attachments: 1) Location Map
2) Tentative Tract Map
3) Four (4) letters regarding negative fund
balance for A -B Properties
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ATTACHMENT 2
�� MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
August 20, 2001
A -B Properties
c/o Mr. John W. Newton
John W. Newton & Associates, Inc.
165 High Street, Suite 103
Moorpark, CA 93021
Subject: Outstanding Case Processing Costs for General Plan
Amendment No. 97 -2, Development Agreement No. 98 -4,
and Tentative Tract Map No. 5147 (A -B Properties)
Dear Mr. Newton,
On November 9 and 20, 2000, A -B Properties was notified that
pursuant to an audit of City expenditures and deposits for the
above project, that as of September 30, 2000 there was a fund
deficit of $15,727.40. The Director of Community Development
requested remittance of a check to cover that amount and an
additional $5,000 to cover anticipated additional costs, for a
total of $20,727. '
Your December 8, 2000 letter to Wayne Loftus requested a
detailed accounting of the project deposits and expenditures.
The attached information was prepared based upon the
Administration Department's financial records as of August 14,
2001, showing a current fund deficit of $15,871.40. (Deposits
and expenditures for the annual review are being monitored
separately from this accounting).
As you are aware, under,.the terms of the Development Agreement
between A -B Properties and the City of Moorpark, Section 6.6
requires that the developer pay all outstanding City processing
and environmental processing costs related to the project. The
Director of Community Development is currently conducting the
Annual Review of the Development Agreement, and is preparing a
report to the City Council on the status of completion of all
aspects of the agreement. At this time, the Director is unable
to report to the City Council that A -B Properties has, to date,
complied in good faith with the terms and conditions of the
agreement due to the outstanding project processing balance.
ATTACHMENT 3
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F: MILLHOUSE
Mayor Mayor Pro Tem Coundlmember Councilmember
0100049
JOHN E. WOZNIAK
Councilmember
A -B Properties
August 20, 2001
Page 2
Under Moorpark Municipal Code Section 15.40.150, unless the City
Council finds and determines that the developer has complied in
good faith with the agreement, it shall refer the application to
the Planning Commission for public hearing.
Please remit a check in the amount of $15,871.40, as soon as
possible, to remain in compliance with the terms and conditions
of the Development Agreement. Please do not hesitate to contact
me at 805 - 517 -6230 or Wayne Loftus at 805 -517 -6258, should you
have any questions.
Sincerely,
��' -�>
Oaura! r
Stringer 61
Senior Management Analyst
Attachment: Fund Balance Summary
c: Honorable City Council
Steven Kueny, City Manager
Wayne Loftus, Community Development Director
Dana Shigley, Administrative Services Director
File (Tract No. 5147),
Chroni
M: \LStringer \M \DEV Agreememts\ ltrabprop .deposits.f.8.20.01.doc
CII <05
I • • ® • P
iaa moorparK Avenue Moorpark, California 93021 (805) 529 -6864
November 9, 2000
A -B Properties
4875.Spring Road
Moorpark, California 93021
SUBJECT: OUTSTANDING CASE PROCESSING COSTS FOR GENERAL PLAN
AMENDMENT NO. 97-2, DEVELOPMENT AGREEMENT NO. 98 -4 AND
TENTATIVE TRACT MAP NO. 5147 ON THE APPLICATION OF A -B
PROPERTIES
Gentlemen:
This is to inform you that pursuant to an audit of City
expenditures and deposits for the above captioned projects, these
projects have been incurring planning and related costs with
insufficient funding. As of September 30, 2000, there was a
deficit of $15,727.40. It is requested to you remit a check to the
cover this amount plus an additional $5,000 to cover anticipated
additional costs from September 30, 2000.
Please remit a check in the amount of $20,727.40 to the City to
cover these costs by November 30, 2000. If you have any questions,
feel free to call me at (805) 529 -6864, ext. 243. Thank you.
Sincerel
Paul Porter
Principal Planner
cc: Steven Kueny, City Manager
Deborah Traffenstedt, Acting Director of Community Development
Dana Shigley, Director of Administrative Services
John Riela, Contract Accountant
Case File (Application section)
Chron. File
\ \MOR_PRI_SERV \home folders \PPorter \M \tt5147 \oustanding case
processing costs.doc
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PATRICK HUNTER JOHN E. WOZNIAK CHRISTOPHER EVANS CLINT HARPER DEBBIE RODGERS
Mayor Mayor Pro Tem Councifinember
COUnCllmgmhar Rni in nilmarnhor
L MOORPARK
1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
SENT CERTIFIED MAIL
November 30, 2000
A -B Properties
4875 Spring Road
Moorpark, California 93021
Attention: Steve Anderson
SUBJECT: SECOND REQUEST FOR OUTSTANDING CASE PROCESSING COSTS FOR
GENERAL PLAN AMENDMENT NO. 97-2, DEVELOPMENT AGREEMENT
NO. 98 -4 AND TENTATIVE TRACT MAP NO. 5147 ON THE
APPLICATION OF A -B PROPERTIES
Dear Mr. Anderson:
On November 9, 2000, the Department of Community Development sent
a letter to your firm indicating that pursuant to an audit of City
.expenditures and deposits for the above captioned projects, these
projects have been incurring planning and related costs with
insufficient funding. A request was made that you remit a check in
the amount of $20,727.40 to the City to cover these costs by
November 30, 2000. As of the writing of this letter, there has
been no response from you regarding the required payment and the
requested funds have not yet been received.
It is requested that you contact .either Mr. Paul Porter at (805)
517 -6243 or myself at (805) 517- 6258. no later than December 8, 2000
to discuss resolution of this matter.
Sincerely,
s'
Wa>?tor Loft
Di f Community Development
cc: Steven Kueny, City Manager
Paul Porter, Principal Planner
Dana Shigley, Director of Administrative Services
John Riela, Contract Accountant
Case File (Application section)
Chron. File
\\ MOR__ PRI_ SERV \home_folders \PPorter \M \tt5147 \SECOND oustanding
case processing costs.doc
r
PATRICK HUNTER JOHN E. WOZNIAK CHRISTOPHER EVANS CLINT HARPER DEBBIE RODGERS
John W. K{e^^/tnD& Associates, Inc,
/ ._ _-_--'---_-
. ' �~__
lb5 High S� Suite lO3
`
� Post Office Box 47l
Moorpark, California 43O2l
Telephone (8O5) 378-OU73
Fox No, (805)378-008Q
December 8, 2000
Wayne Loftus
Director
Oepertment of Community Development
798 Moorpark Avenue�
Moorpark, California 93021
'
Re: Second Request-Outstanding Processing Costs
A-B Properties
' TT 5147~ GPA 97-2, DA 98-4
'
REQUEST ACCOUNTING
Dear Wayne:
On behalf of Stephen R. Anderson and PeVI D. Burns, pIoeoe provide
e deta-iled accounting in support of the above-referenced request for
payment (attached).
We are concerned that ±hi's total outstanding balance is so high. On-
going deposits were made, when requested, during the process. In font
Engineering and Building & 5aIety required estimated cost deposits prior
to reviewing plans and studies. Further, the Assessment District
'— Feasib ility
bi
Iity Stmdy was paid for separately, as agreed. Hopefully, the repeated drafts that were required doe to work product inadequacy were not extra charges biIIed to these applicants.
We do recognize the Foe Reimbursement Agreement which ues,part of the
original application some 4 years ago, requiring payment for all "real time"
billed to this project. However, it does seem strange that an outstanding
balance of this magnitude could without -
8 onouze w out our being notified At this
point we simply need the detailed accounting to reconcile with the Applicants'
�
record of deposits and payment of fees. Beyond that, any monies legitimately
doe the City for project-related charges will be promptly paid.
For the record, we did verbally question the charges upon receipt of
the first statement, but apparently staff did not feel this was e formal
request for an accounting. We surely are notignoring the matter.
Thanks Wayne,
cc: A-B Properties .91i"na rely,
Stevan Kueny,City Manager
Paul Porter, Principal Planner
Dana Shigley, Dir. of Ad.Services
John RiaIa, Contract Accountant
REAL ESTATE ' ~
BROKERAGE MINERAL
Commercial ^ Industrial ~Land RESOURCE
Residential Relocation DEVELOPMENT
John W. mawcon
Applicants'
Rep
WAL ESTATE DEVELOPMENT
Engineering ^ Land Division ^ Permits
Planning ,Zoning
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