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HomeMy WebLinkAboutAGENDA REPORT 1988 0323 CC ADJ ITEM 11HJOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tem CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer _FO: FROM: DATE: /4 h`. MOORPARK ITEM / M E M O R A N D U M THE HONORABLE CITY COUNCIL STEVEN KUENY, CITY MANAGER FEBRUARY 12, 1988 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 S U B J E C T: POTENTIAL ALTERNATE USES FOR AVAILABLE MONIES IN LOS ANGELES AVENUE ALTERNATE ROUTE FUND The Los Angeles Avenue Alternate Route Fund was created at the same time that Tentative Tract Map 3963 (Griffin) was approved in February 1986. In condition No. 61 of the conditions of approval for this project (Res. No. 86 -275), Griffin was required to pay road improvement fees to the Alternate Route Fund in lieu of making the equivalent fee payment to the Los Angeles Avenue Area of Contribution Fund (A.O.C.). These funds could be transferred to the A.O.C. upon a four - fifths (4/5) vote of the Council. In addition to the in -lieu of A.O.C. fee, Griffin was obligated to deposit an additional $200,000 to the Alternate Route Fund for studying or improving the alternate route. Tract No. 3049 was also conditioned to pay road improvement fees to the Alternate Route Fund in lieu of the A.O.C. The same four - fifths (4/5) vote requirement to transfer the funds to the A.O.C. is included in the conditions of approval for this tract. The City Attorney has advised me of the following concerning the potential transfer of th-e monies from the Alternate Route Fund to the A.O.C.: 1. In regards to the in lieu of A.O.C. fee, the transfer may be done by a 4/5 vote or alternatively by a simple majority with the concurrence of the affected developer. As you are aware, State law prohibits the unilateral change of approved project conditions. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 2. In regards to the $200,000 payment by Griffin, the condition 6le would require the concurrence of Griffin to use the funds for any purpose other than the Alternate Route Fund. The approved minutes of February 3, 1986, however, conflict with the language of condition 61e. The referenced minutes (page 6) state that upon 4/5 Council vote that the $200,000 may be used for the A.O.C. It is my opinion that the conditions of approval not the minutes reflects the Council's intended action on use of the $200,000. The City Attorney can advise you further if the Council wants to consider other uses for the remaining balance of the $200,000 fee. Pertinent portions of the referenced conditions and minutes are attached. To date (exclusive of interest income) the City has received $509,692.00 in fees for the Alternate Route Fund. In addition to the $200,000 payment, Griffin has paid fees for 139 lots at the current rate of $2,228 per lot. At build -out of tracts No. 3963 (345 lots) and No. 3049 (93 lots), the City would receive an additional $975,864 in fees to the Alternate Route Fund with fee payments made at the current rate. These two projects are the only ones currently conditioned to make payments to the Alternate Route Fund. At build -out they will have paid a combined total of $1,485,556. The City has currently expended about $25,000 for the alignment study. This study is the subject of a separate agenda item for the February 17, 1988 City Council meeting. The City Engineer has estimated that $215,000 is needed to complete additional engineering and environmental studies prior to preparing final designs and plans and specifications to allow public bidding of the project. These costs are as follows: Initial Environmental Study Environmental Impact Report Geotechnical Report Aerial Topography Field Survey Initial Engineering Design TOTAL STAFF RECOMMENDATION: Direct staff as deemed appropriate. MOORPARK, CA'. F,'2 'NIA City Council 0 of-.� ACTIO`J:,' 4 By -- - $ 15,000 $ 70,000 $ 15,000 $ 20,000 $ 20,000 $ 75,000 $215,000 MOORPARK, CALIFORNIA City Ccu:iCli iri:,ePing of ? -L? __1 98_�?_ ACTIOIN St�k. Lie By CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 11 of 15 58. That Pecan Avenue to "B" Street and "B" Street to "C" Street shall be constructed prior to the opening of the elementary school, or in con- junction with Phase III, whichever occurs first. 59. That prior to issuance of a certificate of occupancy for the first unit of the project, a signal shall be installed by the City at the Princeton Avenue /Los Angeles Avenue (Highway 118) intersection. 60. That prior to issuance of a certificate of occupancy for the 70th unit of the project, the developer shall acquire the additional offsite right -of -way, submit plans for all onsite and offsite improvements to Collins Drive for the review and approval of the City Engineer, and shall construct and open to the public all offsite and onsite improve- ments to Collins Drive, in accordance with Tract Condition No. 38. 61. That prior to recordation of the final map for the first phase of the project, the developer shall provide the City with a letter stating agreement with the following requirements: a. That prior to recordation of the final map for the first phase, the developer shall deposit with the City an amount equivalent to the then current applicable rate for the Los Angeles Avenue Improvement Area of Contribution (AOC), but not less than $1200.00 per dwelling unit, for the number of residential lots in that phase. The City may, upon thirty (30) days written notice, request that the devel- oper pay the then current applicable AOC rate for all the remaining dwelling units in Tract No. 3963. b. That prior to issuance of the zone clearance for the first unit of the project, the developer shall deposit with the City an amount equivalent to the then current applicable rate of the Los Angeles Avenue Improvement AOC, but not less than $1200.00 per dwelling unit, for a total of not less than 138 dwelling units, including those paid pursuant to "a" above. The City may, upon thirty (30) days written notice, request that the developer pay the then current applicable AOC rate for all the remaining dwelling units in Tract No. 3963. C. That prior to recordation of the final map for each of the remain- ing phases, the developer shall deposit with the City an amount equivalent to the then current applicable rate for the Los Angeles Avenue Improvement AOC, but not less than $1200.00 per dwelling unit, for the remaining number of approved dwelling units in each phase. The City may, upon thirty (30) days written notice, request that the developer pay the then current applicable AOC rate for all the remaining dwelling units in Tract No. 3963. d. The monies deposited pursuant to "a-," "b" and "c" above shall be in lieu -of contributions to the existing Los---Angeles Avenue Improve- ment AOC fund and shall_. be placed _in a separate fund by the City for the purpose of studying and improving an alternate route to existing Los Angeles Avenue. All or part of these funds may be used for the purposes of the Los Angeles Avenue AOC upon a four- fifths (4/5) vote of the City Council. 59018B/E -11 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 12 of 15 e. Prior to issuance of the certificate of occupancy for the first unit of the project, the developer shall deposit $200,000.00 with the City to be placed in a separate fund for the purpose of study- ing and improving an alternate route to existing I,os Angeles Avenue. The use of these funds shall include, but not be limited to, alignment studies, environmental review, slope analyses, area of benefit/ contribution determinations, traffic projections, design and engineering including the Arroyo Simi bridge(s), financ- ing and right -of -way alternatives. Any of the $200,000.00 paid by the developer but not used for studying or improving an alternate route to existing Los Angeles Avenue shall be returned to the developer upon four - fifths (4/5) vote of the City Council not to continue with the study or improvement of said alternate route. 62. That prior to issuance of a certificate of occupancy for the first unit of the project, and following the installation of the signal at the Princeton Avenue /Los Angeles Avenue (Highway 118) intersection, the developer shall make a directional traffic count on Los Angeles Avenue (highway 118) between Princeton Avenue and College View Avenue, for the morning and afternoon peak hours. Following the issuance of a certifi- cate of occupancy for the 70th, but prior to the 100th, rlwel.li-ng unit, a second traffic count shall be made. Following the issuance of a certi- ficate of occupancy for the 174th, but prior to the 281st, dwelling unit, a third traffic count shall be made. The purpose of these traffic counts shall be to assist the City in determining the need for a second eastbound lane on Los Angeles Avenue between Princeton Avenue and College View Drive. 63. That prior to the issuance of a zone clearance for the 281st unit of the project, either the City shall have added the fourth (westbound) lane on Los Angeles Avenue between Princeton Avenue and High Street, or the Highway 23/118 connection shall be made, but not both. However, prior to the issuance of a zone clearance for the 100th and the 281st unit, the developer shall make a directional traffic count at the above loca- tion on Los Angeles Avenue, for the morning and afternoon peak hours, to verify the actual traffic volumes. The purpose of the directional count taken prior to the issuance of the 100th zone clearance is to inform the developer of the potential future need for either installation of the fourth (westbound) lane or the Highway 23/118 connection. If the directional volumes obtained from the count taken prior to the issuance of the 281st zone clearance do not equal or exceed 1130 vehicles per hour per lane, or 2260 vehicles per hour per direction on the two lane portions, the developer may construct and occupy additional units consistent with Level of Service "C" operation on Los Angeles Avenue between Princeton Avenue and High Street (capacity is considered to be 1880 vehicles per hour per lane, and Level of Service "C" is 60 percent of capacity). If the directional volumes obtained from the count taken prior to issuance of the zone clearance far the 281 -st unit- equal or exceed the above vehicles per hour (Level of Service "D" or less), then no additional units within the project will be -permitted to be con \ structed until the fourth -(westbound) lane on Los Angeles Avenue between l Princeton Avenue and High Street or the Highway 23/118 connection is 1 constructed. 59018B/E -12 February 3, 1986 The City's consultant then gave an overview of the proposed zone change, and it was moved by Councilmembers Prieto and seconded by Councilmember Woolard that the zone change be approved as recommended by staff and the Planning Commission, and staff be directed to prepare the ordinance approving said zone change for consideration at the next regular meeting of the City Council. Motion carried by the following roll call vote: AYES: Councilmembers Prieto, Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: Councilmember Yancy- Sutton; ABSTAIN: None. The City's consultant then gave an overview of proposed Tentative Tract No. 3963 and consensus was reached on the following conditions: 1. Flag lots eliminated where feasible; 2. Collins Drive to be developed with 3 lanes, with right -of -way dedication for 4 lanes, plus a bike lane, with a pay back mechanism for the 4th lane dedication to allow future widening of Collins Drive, if permitted by State law and City Ordinance by developer(s) of adjacent property that would take access by means of Collins Drive; 3. Approve Planning Commission recommendation re -phasing program; 4. Lots 323 and 341 not be deleted; 5. Recreation area be provided in Phase 2. 6. That cul -de -sac at 16th Circle be relocated as recommended by staff. 7. That at the 200th or 300th unit a study will be made to see if the 4th lane is needed from Princeton Avenue to Los Angeles Avenue, and if it is, the cost -of the design and /or study will be shared with the City. 8. Approve temporary access road. The Mayor announced that the time was 11:15 p. m. , and pursuant to Council policy a determine must be made as to whether or not to continue this matter so that Council could address the remainder of the items on the agenda, or to complete the consideration of this item at this time. It was moved by Councilmember Woolard, seconded by Councilmember Ferguson and unanimously carried that the Council complete consideration of this item before proceeding with the ' remainder of the agenda. It was then moved by Councilmember Woolard that Tentative Tract No. 3963 be approved subject to approved conditions, with additional conditions as follows: 1. Prior to occupancy of first unit, a signal shall be installed-,by-the. City at Princeton Avenue /Highway 118. 2. Prior to occupancy of the 70th unit, the developer shall construct and open to the public all offsite and onsite improvements of Collins Drive, as required in City Engineer's Condition #32, in alignment with new Los Angeles Avenue. 3. Developer shall deposit with City the amount equivalent to the AOC fees in effect at the time said fees are requested by the City, but not less than $1200 per unit, for use to create, promote and /or construct, the 118 /23 alternate road known as New Los Angeles Avenue. This total shall be accepted in lieu of area of contribution fees, and placed into trust for the exclusive use of the above mentioned alternate route. All interest earned on these funds shall accrue to the 96M February 3, 1986 principal for use on the alternate route. The developer shall present this money to the City as Scheduled: Prior to the issuance of the zone clearnace for the first unit of the project, the developer shall deposit with the City of Moorpark monies for 138 lots (Phase I of the project). Any portion of the balance shall be payable upon 30 day written notice by the City 4. To assist in the timely use of these funds, the developer shall donate $200,000 for the immediate purpose of, but not limited to, design and engineering of the New Los Angeles Avenue alternate, as recognized by the circulation element of the General Plan. This $200,000 shall be deposited into the trust prior to the zone clearance for the first unit of the project. Any interest earned on this money shall accrue to the principal for use on the alternate route. That all or part of these funds may be used for the Los Angeles Avenue AOC upon a four - fifths (4/5) vote of the City Council; and that staff be instructed to prepare the resolution of approval for consideration at the next regular meeting of the City Council. The motion was seconded by Councilmember Prieto and carried by the following roll call vote: AYES: Councilmembers Woolard, Prieto and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: Councilmember Yancy- Sutton; ABSTAIN: None. It was then moved by Councilmember Prieto and seconded by Councilmember Woolard that Residential Planned Development No. 1041 be approved with recommended conditions, and that staff be instructed to prepare the resolution of approval for consideration at the next regular meeting of the City Council. The motion carried by the following roll call vote: AYES: Councilmembers Prieto, Woolard and Mayor Weak; NOES: Councilmember Ferguson; ABSENT: Councilmember Yancy- Sutton; ABSTAIN: None. Councilmember Ferguson stated he could not support the project because he felt the traffic conditions of Highway #118 had not been solved. Elaine Freeman thanked the members of the City Council and stated that Griffin Development Company would continue to work on behalf of the City in an effort to influence consideration for the improvement of Highway 118. RECESS The Mayor declared a recess, the time being 11:40 p.m. The meeting reconvened at 11:55 p.m., all members of the Council being present. By general agreement, Council determined to consider at this time only those items it was felt were imperative, and to continue the remainder of the agenda items to the next meeting.