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HomeMy WebLinkAboutRES CC 1992 826 1992 0108RESOLUTION NO. 9"?- 826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NUMBER 88 -495 WHICH AMENDED RESOLUTION NUMBERS 87 -428, 87 -429 AND 87 -430 FOR THE PURPOSE OF CLARIFYING AND MAKING TECHNICAL CORRECTIONS TO CERTAIN CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NUMBERS 4340, 4341 AND 4342 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NUMBERS RPD -1070, 1071 AND 1072, URBAN WEST COMMUNITIES (UWC) WHEREAS, on November 9, 1987, the City Council of the City of Moorpark adopted the following resolutions: RESOLUTION NO. 87 -428 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVING VESTING TENTATIVE TRACT NO. 43401 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1070 ON APPLICATION OF URBAN WEST COMMUNITIES. RESOLUTION NO. 87 -429 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVES VESTING TENTATIVE TRACT NO. 4341, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO_ RPD -1071 ON APPLICATION OF URBAN WEST COMMUNITIES. RESOLUTION NO. 87 -430 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVES VESTING TENTATIVE TRACT NO. 4342, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1072 ON APPLICATION OF URBAN WEST COMMUNITIES; and WHEREAS, at a regularly scheduled meeting on July 13, 1988 the City Council of said City considered and approved a Settlement Agreement with UWC; and WHEREAS, the aforementioned Settlement Agreement included clarifications and technical corrections to various conditions of Resolution Nos. 87 -428, 87 -429, and 87 -430; and WHEREAS, on July 27, 1988 the City Council of the City of Moorpark adopted Resolution No. 88 -495 for the purpose of clarifying and making technical corrections to certain conditions of approval contained in the referenced Resolutions; and WHEREAS, at a regularly scheduled meeting on February 20, 1991 the City Council of said City considered and approved a First Amended Settlement Agreement with UWC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the clarifications and technical corrections to various conditions contained in Exhibit 1 of Resolution No. 88 -495 described in the attached Exhibit "A" are hereby approved. SECTION 2: That in all other respects, Resolution Nos. 87 -428, 87 -429, 87 -430 And 88 -495 shall remain in full force and effect. SECTION 3: That this Resolution shall take effect immediately. SECTION 4: That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED AND ADOPTED this 8th day of JANUARY 19 92. Paul W. Lawrason Jr. Mayor ATTEST: 124.res EXHIBIT "A" Changes To Exhibit 1 of Resolution No. 88 -495 1. Numbers 3. and 5. of Exhibit 1 of Resolution No. 88 -495 are deleted in their entirety and the language contained in Number 2. below is now applicable. 2. Tract 4340 Condition Nos. 38 and 64.a. and Tract 4341 Condition Nos. 39 and 67.a. and Tract 4342 Condition Nos. 37 and 64.a. now read as follows: (a) City shall be responsible for acquisition of right of way, design and construction of the widening of Tierra Rejada Road ( "Road Widening ") and the improvement of the Spring Road intersection ( "Intersection Improvements ") together with the relocation and /or redesign of related utilities. City will diligently pursue all design and construction. As used in this Exhibit "A ", the following words have the following meanings: "Road Widening" means widening from approximately 50 feet east of centerline of Spring Road at Tierra Rejada Road intersection to east limits of Tierra Rejada Road at Moorpark Road intersection, including transition to existing improvements on Tierra Rejada Road and reconstruction of Moorpark Road south of the centerline of the Tierra Rejada Road at Moorpark Road intersection for approximately 450 feet. Improvements shall be limited to two (2) eastbound and two (2) westbound travel lanes together with provisions for future drainage and street light facilities. The pavement on each side of the centerline shall be twenty -six (26) feet, exclusive of a bike lane which may be constructed at City's sole option and with costs to be paid by City. Curbs, gutters and a raised median are expressly excluded. The design will provide for future widening to conform to either Plate B -2A or B -2B. "Intersection Improvements" means road improvements from approximately 50 feet east of centerline of Spring Road at Tierra Rejada Road intersection west to east boundary of Tract 2865, including transition to existing improvements at Tract 2865 east boundary and transition to existing improvements on Spring Road north of the centerline of the intersection for approximately 200 feet, and a traffic signal at the Spring Road /Tierra Rejada Road intersection. "Intersection" means the Spring Road /Tierra Rejada Road intersection. "Project" means the combined Road Widening and Intersection Improvements. (b) UWC shall pay to City (i) fifty percent (50 %) of costs incurred by City after execution of the First Amended Settlement Agreement (February 21, 1991) for design and construction of the Road Widening, (ii) fifty percent (50 %) of the costs incurred for the design and construction of the Intersection Improvements, exclusive of the traffic signal at the Intersection, and (iii) fifty percent (50 %) of the costs not borne by the utilities for the relocation and /or redesign of utility lines and facilities, exclusive of electricity lines and facilities. Costs incurred by City after execution of the First Amended Settlement Agreement for design of the Road Widening and Intersection Improvements are intended to complete the work on plans submitted to the City by UWC, to prepare the aforementioned plans for public bidding requirements and to make design changes required by Ventura County or any of the affected utilities. Payments shall be made in the amounts invoiced by City within thirty (30) days after delivery of the invoices to UWC. Fifty percent (50 %) of any money recovered by litigation from the non - electrical utilities shall be used to reduce the amount of payments otherwise due from UWC pursuant to this condition or, if already paid by UWC, shall be paid to UWC (together with one -half of any interest awarded by the courts) within thirty (30) days after receipt by City. The costs incurred after the execution of the First Amended Settlement Agreement for the design and construction of the traffic signal at the Intersection shall be funded fifty percent (50 %) by the Spring Road /Tierra Rejada Road Area of Contribution (STR A.O.C.) and fifty percent (50 %) by the City. UWC shall pay the STR A.O.C. portion of the costs (which portion equals fifty percent (50 %), with the payment to be made in amounts invoiced by City within thirty (30) days after delivery of the invoices to UWC. UWC shall be reimbursed for the subject payment by a credit towards STR A.O.C. fees, which credit shall occur in accordance with paragraph (c) below. The costs incurred for relocation and /or redesign of electricity lines and facilities not borne by the electric utility shall be funded one hundred percent (100 %) by the STR A.O.C. UWC and City shall each pay fifty percent (50 %) of the costs, with the UWC payment to be made in amounts invoiced by City within thirty 2 (30) days after delivery of the invoices to UWC. Fifty percent (50 %) of any money recovered by litigation from the electrical utility shall be used to reduce the amount of payment otherwise due from UWC pursuant to this condition or, if already paid by UWC, shall be paid to UWC (together with one -half of any interest awarded by the courts) within thirty (30) days after receipt by City. (c). City shall reimburse UWC from the STR A.O.C. the costs of the Project paid by UWC and any legal expenses paid by UWC pursuant to this condition. Pre - existing STR A.O.C. obligations shall be paid in the order listed in the First Amended Settlement Agreement. Project reimbursements to UWC from the STR A.O.C. shall be made no later than one hundred twenty (120) days of receipt by City of UWC written request for reimbursement consistent with the First Amended Settlement Agreement if STR A.O.C. funds are available. If STR A.O.C. funds are not available at the time a written request for reimbursement is received by the City, then reimbursement shall be made no later than one hundred twenty (120) days after funds become available. Project reimbursements from the STR A.O.C. shall be made in the order as listed in the First Amended Settlement Agreement, but shall not commence until after reimbursement of the referenced pre- existing STR A.O.C. obligations. Reimbursement for Intersection Improvements shall include eight percent (8 %) simple interest, which shall commence accruing upon the first day after approval of the notice of completion for said Improvements or upon the ninety -first (91st) day after the opening of all four (4) travel lanes of the Road Widening to use by the public, whichever occurs first. Notwithstanding anything in this paragraph (c) to the contrary, if full reimbursement for the Intersection Improvements has not been made from the STR A.O.C. within five and one half (5 1/2) years from the date of UWC's first payment for said Improvements, then City shall immediately reimburse UWC for any outstanding amount of such reimbursement from non -STR A.O.C. funds, and City shall then be entitled to reimbursement for such non -STR A.O.C. funds from the STR A.O.C. in the same order that UWC would have received reimbursement for said Improvements pursuant to the First Amended Settlement Agreement. (d). City shall diligently pursue legal action to compel relocation of all utilities. UWC shall pay City's legal expenses for such action, not to exceed $100,000.00, with the payment to be made in the amounts invoiced by City within thirty (30) days after delivery of invoices to UWC. Said payment shall be considered costs of construction and shall be reimbursable pursuant to paragraph (c) above. Legal expenses in excess of $100,000.00 shall be borne by City; provided, however, that $25,000.00 shall be reimbursed to City from the STR A.O.C. in accordance with paragraph (c) above. (e). City shall reimburse UWC for design, engineering and processing costs for the Road Widening expended by UWC prior to the execution of this First Amended Settlement Agreement, estimated to be $270,000.00 plus an administration fee pursuant to the Original Agreement. UWC design and engineering costs shall be determined by the City Engineer. Fifty percent (50 %) shall be reimbursed to UWC within one hundred twenty (120) days of the execution of this First Amended Settlement Agreement (for north of the ultimate centerline). The remaining fifty percent (50 %) for south of the ultimate centerline shall be reimbursed to UWC pursuant to the First Amended Settlement Agreement. (f). All costs for temporary and permanent signalization of the Intersection that were paid by UWC prior to execution of this First Amended Settlement Agreement shall be a credit towards STR A.O.C. fees. UWC costs to be determined by City Engineer. 124.res 4 MOORPARK-- 799 Moorpark Avenue Moorpark. California 93021 (805) 529 -6864 STATE OF CALIFORNIA } COUNTY OF VENTURA CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 92-826 was adopted by the City Council of the City of Moorpark at a meeting held on the 8th day of JANUARY 19,3 >, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 10th day of JANUARY, __ _ 1991. "Lillian E_ Kel erman City Cler}: