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Home My WebLink AboutAGENDA REPORT 1987 0415 CC REG ITEM 07Bj MOORPARK CLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tem THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember BERNARDO PEREZ Councilmember MAUREEN W. WALL City Clerk M E M O R A N D U M ITEM.7-80� STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 6, 1987 (CC meeting of 4/15/87) SUBJECT: TRACT 3963 GRIFFIN HOMES - CONDITION COMPLIANCE BACKGROUND As a condition of approval of Resolution No. 86 -275, adopted February 18, 1986 by the City Council, Griffin Homes was required to pay a $10,000.00 fee to Commuter Computer, to fund carpools. (See Exhibit "l ", Condition No. 26c.) The fee has been paid and transferred to Commuter Computer. To implement the use of the funds and insure that the funds be used for their intended purpose it is recommended that an agreement be entered into between the City and Commuter Computer. The attached agreement (Exhibit "2 ") has been reviewed and approved by the City Attorney. RECOMMENDATION Approve the agreement and authorize the Mayor to sign on behalf of the City. MOORPARK, CALIFORNIA City CCU.:-'--i1 Maeting Of � -198.L ACT I O V : By 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 4 of 15 shall be eliminated from the property, as approved by the Director of Community Development. 24. That if archaeological or historical artifacts are uncovered during grading operations, the developer shall ensure the preservation of the site; shall obtain the services of a qualified archaeologist to recom- mend proper disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended dis- position before undertaking development. 25. That during grading of on -site roads and building pads, regular watering of unpaved areas shall occur to reduce fugitive dust emissions. 26 That the following measures shall be completed by the developer to miti- gate the air quality impacts of the project: a. Construction of two bus turn -outs along Collins Drive to accom- modate any future extension of transit service. b. Construction of a Class I bike lane east of the Collins Drive right -of -way to encourage bicycle transportation to Moorpark College. Prior to recordation of the final map for Phase I, contribution of $10,000 to Commuter Computer to fund the formation of carpools. 27. That in conjunction with the recordation of Phase I, an approximate 6.0 acre park site in the location shown on the tentative map shall be dedicated to the City to partially meet the requirements of the Moorpark Municipal Code, Sections 8279 -4 et. seq. The size of the park shall permit no overlap between a standard size soccer field and softball/ baseball diamond with a 240 foot outfield radius. Lots 486 through 489 shall be eliminated. Some or all of these lots may be relocated south of 1st Circle, if a park site of approximately 6 acres can still be pro- vided. The improvements identified in Section 8297 -4.3 of the code shall be required of the developer. At the City's option, any remaining land dedication requirement shall be met by the developer with one of the following: a) payment of in -lieu fees; b) improvements to the park pursuant to the development plan approved by the City; or c) a combi- nation of a and b above. 28. That prior to issuance of the first zone clearance for Phase II, a park development plan prepared by the developer shall be approved by the City Parks and Recreation Commission. The plan shall indicate the recrea- tional facilities to be provided by the developer. Prior to issuance of the 181st zone clearance, the developer shall enter into an agreement with the City for completion of the facilities, including one year main- - tenance of the completed park, and- construction -shall commence. Prior to issuance of the 245th zone clearance, the park improvements shall be completed and the park opened to-the public._ 29. That Lots 271 through 274 shall be redesigned to conform in size with the adjacent lots and to eliminate their flag accesses, if feasible. 59018B/E -4 0041131T 2 AGREEMENT BETWEEN COMMUTER TRANSPORTATION SERVICES, INC. (CTS) (D.B.A. COMMUTER COMPUTER) AND THE CITY OF MOORPARK REGARDING RIDESHARING SERVICES PROVIDED THROUGH DEVELOPER PERMIT FEES This Agreement between the City of Moorpark and Commuter Transportation Services (CTS) (d.b.a. Commuter Computer) establishes that developer permit fees received by the City of Moorpark from applicants selecting to use this measure to reduce air emissions will be transferred to CTS whose staff will provide ridesharing services. The purpose of these CTS provided services is to assist the developer to take additional actions which will increase ridesharing and reduce emissions from motor vehicles. A. By accepting this Agreement the City of Moorpark agrees to: 1. Collect monies from developers, the first of which is Griffin Homes, Inc. using this mitigation measure to reduce emissions. 2. Transfer money to CTS who will use the funds to provide the services described in Part B. 3. Authorize to provide services according to the approved workplan. B. By accepting this Agreement, CTS agrees to prepare and implement a workplan for each developer permit fee received. The workplan will be approved by the City of Moorpark before CTS proceeds with the work. The typical services that would be included in the workplan are listed below: 1. Provide ridesharing services at the subject development including some or all of the below: a. Provide ridesharing information to prospective home buyers; b. Provide relocation assistance, when applicable; c. Provide personnel to do personalized matching; d. Design and produce brochures, posters and reference guides on how to reach destinations without using an automobile; and e. Other activities appropriate to the subject development. 2. If services at the subject development are not feasible, CTS shall provide the ridesharing services in areas directly adjacent to the applicant's proposed development. 3. If services in adjacent areas are not feasible, CTS shall provide ridesharing services they determine to be appropriate on a county -wide basis. 4. CTS will report to the City of Moorpark on the ridesharing activities provided and the success of these activities. This will include information on specific activities conducted and the funds expended to conduct these activities. C. Additional Provisions: 1. All financial, statistical, personal, technical, or other data and information relating to CTS's operations, which are designated confidential by CTS and made available to the City of Moorpark in order to carry out this Agreement, will be protected by the City of Moorpark from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to CTS. The identification of all such confidential data and information, as well as CTS's procedural requirements for protection of such data and information from unauthorized use and disclosure, will be provided in writing to the City of Moorpark by CTS. The City of Moorpark shall not, however, be required to keep confidential any data or information which is or becomes publicly available, is already rightfully in the City of Moorpark's possession, is independently developed by the City of Moorpark outside the scope of this Agreement, or is rightfully obtained from third parties properly authorized to possess such data. 2. Each party shall indemnify, defend and hold harmless the other party and its officers, employees, servants and agents, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to, death or injury to any person and injury to any property, proximately resulting from any act or omission of the indemnitor or any of its officers, employees, servants, agents or contractors in the performance of this agreement. 3. This Agreement constitutes the entire understanding of the parties hereto and supercedes any previous agreement or understanding which may have existed between them. This Agreement shall not be amended or modified except by a written agreement signed by both parties. 4. All questions concerning the terms and performance of this Agreement shall be governed by the laws of the State of California. 5. All communications, notices, dena;�ds and payments of any kind which either party hereto may be required or may desire to give to or serve upon the other party must be given by manual delivery to such other party or by enclosing the same in a sealed envelope and depositing the same in the United States mail, postage prepaid, addressed to the respective parties as follows: CTS: President 3550 Wilshire Boulevard Suite 300 Los Angeles, California, 90010 City of Moorpark: City Manager 799 Moorpark Avenue Moorpark, California, 91021 -2- This Agreement shall be in full force and effect until terminated by any party to the agreement with a thirty (30) day written notice. It is the understanding of CTS and the City of Moorpark that experience with this program over a one year period may lead to program revisions to increase effectiveness and more adequately respond to community needs. No revisions to this agreement shall be made without written consent of both parties. In witness whereof, the parties hereto have caused this Agreement to be executed by and through their respective officers. CTS (d.b.a. Commuter Computer) DATE -3- 1�4cw5T 9, MAYOR OF THE CITY OF MOORPARK 4- •�6- 87 DATE