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HomeMy WebLinkAboutAGENDA REPORT 1986 0728 CC ADJ ITEM 10AJAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: FROM: DATE: SUBJECT: MOORPARK MEMORANDUM The Honorable City Council R. Dennis Delzeit, City Engineer July 14, 1986 i i17 ITEM 0 A STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police DP -302 (Gershenberg) Condition of Approval 33 Resolution No. 85 -201 (Adopted May 22, 1985) BACKGROUND INFORMATION As a condition of approval of DP -302 (Gershenberg), the City required the developer to widen Los Angeles Avenue in front of the proposed carpet mill to provide for turning movements in and out of the project. However, the Walnut Canyon Channel runs under Los Angeles Avenue at this location. The Ventura County Flood Control District suggested as a condition of development that the developer be required to improve this channel to its ultimate 'capacity (it is presently undersized to meet ultimate flows) as a condition of development. Prior to the City's incorporation, the County initiated an area of benefit and began collecting fees for the improvement of the Walnut Canyon Channel. The DP -302 properties lies within the fee area. Thus, condition 33 was adopted which requires the developer to construct the improvements and be reimbursed from fees collected through the area of benefit by the Ventura County Flood Control District. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Page -2- By letter dated June 17, 1986, the County of Ventura informed the City that this fee area should be administered by the City rather than the County because the City is the only entity that has the authority to condition projects. However, since the Walnut Canyon Channel is under the jurisdiction of the Ventura County Flood Control District, City staff is reluctant at this time to recommend to the City Council that the City accept the responsibility for administering the fee for the Walnut Canyon drainage area. However, a final analysis and recommendation will be forth coming at a future date. In the meantime, the developer of DP -302 (Gershenberg) is "caught in the middle" between two government jurisdictions. Attached is a copy of the letter from the attorney for the developer dated July 10, 1986, requesting staff to recommend that the City Council authorize a zoning clearance on the project in order to allow construction to proceed while the City and the County decide upon the jurisdictional matter. It is expected that construction will take approximately one year to complete. The City still retains the authority to issue or withhold a Certificate of Occupancy, as appropriate. W401WAO 1 • hem It is recommended that the City Council issue a zoning clearance on condition 33 and withhold a Certificate of Occupancy until this condition has been met. MOORPARK, CALIFORNIA RDD : j g2 City Council Meeting Encl. JN 3701 198-L By, PUBLIC WORKS AGENCY counifty. of ventura Manager — Administrative Services Paul W. Ruffin June 17, 1986 Mr. Dennis Delzeit, City Engineer City of Moorpark c/o Willdan & Associates 374 Poli Street, Suite 101 Ventura, CA 93001 Director Arthur E. Goulet Deputy Directors Ron Brazill iUL L'r _ Real Property Services Al F. Knuth Transportation T. M. Morgan Engineering Services G. J. Nowak Flood Control/Water Resources Subject: GABBERT - WALNUT CANYON DRAINAGE AREA Dear Dennis: As follow -up to our conversation of June 16, 1986, attached are the following: 1. Copy of 1980 Walnut Canyon Study 2. Copy of draft agreement between County and City of Moorpark providing for transfer of approximately $62,000 to City. Such $62,000 is a combination of fees collected by County prior to Moorpark's incor- poration and fees collected by Moorpark subsequent to incorporation and transferred to County. This draft has been sent to County Counsel for review. 3. Copy of draft agreement between City of Moorpark and Jerry Gershenberg (Woodcrest Carpets) providing for contribution of approximately $62,000 towards improvement of Gabbert Channel at Los Angeles Avenue, and also providing for reimbursement to Gershenberg of difference between actual cost of improvements and City contribution. This draft should be reviewed by City Attorney, as well as provided to Gershenberg. Although we need no longer be involved in the agree- ment processing, we would appreciate a copy of the executed agreement for our files. There has been some confusion surrounding the fees established �`y�� in the 1980 Study. It was assumed by County staff that such �� fees could automatically be credited against standard Flood Control District land development fees and, I believe, assumed by City staff to be the same as the District land development fees. Neither is correct. The fee was a County fee and is now apparently a City fee. 800 South Victoria Avenue, Ventura, CA 93009 Mr. Dennis Delzeit -2- June 17, 1986 Hereafter, the City should retain these fees, when collected, for use as prescribed in the Study. Additionally, any developer believing he is entitled to credit against District land develop- ment fees should be directed to make a request therefor to the District. Such requests will be considered on a case by case basis as provided in District Resolution of December 12, 1978, as amended. To start with, Gershenberg should be advised in this manner, so we can make a recommendation on his request to the Board. The City may also wish to include consideration of Gershenberg's fee in the agreement included herewith, since ° it has not been addressed. Hopefully, the above clarifies a confusing situation. If not, let me know. Sincerely, Arthur Goulet Director AEG:np Encl. cc: Steve Kueny G. J. Nowak Sue Borquez PUBLIC WORKS AGENCY county of vEntura Manager — Administrative Services Paul W. Ruffi M a Y 20, 1985 Potter Engineering 12 North Ash St. Ventura, CA 93001 Attention: Mr. David L. Potter Director Arthur E. Goulet Deputy Directors Ron Brazill MAY 3 0 1985 Real PruciertV Services Al F. Knuth Transportation T. M. Morgan Engrnoering Services G. J. Nowak Flood Conlrol/Water Resources Subject: GABBERT - WALNUT CANYON @ LOS ANGELES AVENUE AND WOODCREST CARPET, DP 302, MOOPARK, FLOOD ZONE 3 Dear Mr er : Your letter dated May 10, 1985 stated the developer of DP 302 is willing to front costs for the Los Angeles Avenue - Gabbert Canyon culvert if we will agree to reimbursement of costs in excess of his drainage area fees. We have considered the present land development pattern in the watershed and the general public benefit resulting from the culvert and road improvements at this time. The recommenda- tions of the Board approved 1980 Walnut Canyon Study were also reviewed. On the basis of our review, we are prepared to draft an agree- ment with the basic understanding that: 1. Drainage area fees collected to date will be contributed to the cost of the Los Angeles Avenue culvert. 2. The eligible culvert cost will be limited to construction to accommodate the existing road width. 3. Reimbursement of developer front costs in excess of his basic drainage area fees will be made only when all channel improvements for Gabbert - Walnut described in the 1980 report are completed. If you have any questions, please call me or Bill Frank. Very truly yours, RECEIVED J. No k, Deputy Director of Public Works MAY 2 9 1935 ood Co rol and Water Resources Department (ity Of MOr)rnarl WGF /tb cc: Niall Fritz, Moorpark 800 South Victoria Avenue, Ventura, CA 93009 Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 Page -5- 33. Developer shall provide street improvements to Los Angeles Avenue in accordance with the Los Angeles Area of Contribution report and the City's General Plan, with all improvements subject to approval by both the City Enginner and CalTrans. Improvements shall be provided as follows: Developer shall construct the utltimately planned improvement to the portion of the Walnut Canyon Channel fronting the property and crossing under Los Angeles Avenue per the VCFCD, with money reimbursement arrangements for the im- provements to the channel made with the VCFCD. Improvements to Los Angeles Avenue shall include 8' sidewalk, curb and gutter, and an additional 8' of pavement (per Plate B -2B and core improvements shown on page 7 of the Los Angeles Avenue Area of Contribution Report). 34. That prior to any work being conducted within the State or City right -of -way, the developer shall obtain an Encroach- ment Permit from the appropriate Agency. . 35. That prior to zoning clearance, the Developer shall demon- strate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. -36. That prior to zoning clearance the Developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. 137. That prior to zoning clearance the Developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. GERALD M. CHIZEVER DOUGLAS R. RING ROGER H. HOWARD PAUL S. ABLON GLEN L. KULIK KENT Y. MOUTON MARTINE E. SAFRAN STEPHEN L. SPECTOR KEITH E. THOMAS RALPH M. WEISS BY MESSENGER Mr. John Knipe Willdan Associates 374 Poli Street Suite 101 Ventura, CA 93001 Re: DP302 Dear Mr. Knipe: LAW OFFICES HOWARD, RING & CNI7.EVER A PROFESSIONAL CORPORATION 10960 WILSF41RE BOULEVARD. SUITE 2(00 LOS ANGELES, CALIFORNIA 90024 TELEPHONE (213) 478 -3022 July 10, 1986 TELEX 182608 ZAP MAIL (213) 477 -0652 TELECOPIER (213) A73 -3689 OUR FILE NUMBER I represent Jerry Gershenberg and Woodcrest Carpet who are the owners of the property which is the subject of DP -302. As you know, a problem has arisen with regard to condition 33. The developer is required to construct various improvements to the Walnut Canyon channel fronting of the property subject to money reimbursement arrangements to be made with Ventura County Flood Control District. The Ventura County Flood Control District has declined to administer the monies which are currently in their possession. They have indicated that the City should be the appropriate administering agency. Simultaneously, the City has declined to administer those same funds. The City has indicated that the Ventura County Flood Control District should administer the monies and reimbursement arrangements. With the exception of resolving this reimbursement problem, it is my understanding that all of the conditions contained in DP -302 have been complied with, including the posting of appropriate sureties for the work required under condition 33. Since it appears that it may take some time to resolve the conflicting jurisdictions approach to the reimbursements LAW OFFICES HOWARD, RING & CHIZEVER A PROFESSIONAL CORPORATION Page 2 Mr. John Knipe July 10, 1986 arrangements provided for under condition 33, we would respectfully request the City Council to make a minor modification to condition 33. We would request that condition 33 be modified to provide that developers obligation shall be a condition of receipt of Certificate of Occupancy on the structure to be built. With this minor modification, the developer can proceed forward to commence construction while meeting with City staff and County staff to resolve the jurisdictional conflict. I would be grateful for your cooperation in this matter. Thank you very much. Very tr»>ak::4,ours, 1)01121as K �g of HOWARD, RING & CHIZEVER DRR:sr cc: Jerry Gershenberg Steve Kueny, City Manager