HomeMy WebLinkAboutAGENDA REPORT 1992 0108 CC SPC ITEM 08NTO:
FROM:
DATE:
MOORPARK ITEM 8. N
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
:•;OORPARK, CALIFORNIA
city Co 4nQU Meet1, ,)g
of / 199 Z
The Honorable City Council BA
Steven Kueny, City Manager
January 2, 1992
SUBJECT: Consider Resolution No. 92 -Z& Amending
Resolution No. 88 -495 to Formalise Changes to
Certain Conditions of Approval for Tract Nos.
4340, 4341 and 4342 Resulting from First Amended
Settlement Agreement with UWC
In February 1991, the City and UWC approved the First Amended
Settlement Agreement (FASA) to the Settlement Agreement
approved in July 1988. The major change contained in the
FASA was the transfer of responsibility for design and
construction of the Tierra Rejada Road Widening Project from
UWC to the City. While it did not alter the basic funding
responsibility for the project, it did clarify the funding
method and reimbursements between both parties and the Tierra
Rejada Road /Spring Road AOC. It also addressed funding of
the then imminent litigation with the five utility agencies
impacted by the Project. The changes in the FASA modified
certain conditions of approval for the three West Village
single family residential tracts (Tracts 4340, 4341 and
4342). The FASA required the City to make the requisite
changes to the conditions of approval for the three
referenced tracts. A copy of the Resolution with the
condition changes is attached.
UWC has reviewed the draft resolution and concurred that it
conforms to the FASA.
STAFF RECOMMENDATION
Adopt Resolution No. 92-" amending Resolution No. 88 -495.
SK:sc
124.tem
Attachment
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
RESOLUTION NO. 92-
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. 4340, 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
ATTEST:
Lillian Kellerman
City Clerk
124.res
day of , 19
Paul W. Lawrason Jr.
Mayor
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
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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 paragraph 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
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(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 paragraph 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 pursuant to paragraphs
3(b) above and 3(e) below and any legal expenses paid by
UWC pursuant to paragraph 3(d) below.
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 3 (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 this paragraph 3(c).
-- (d) . City shall diligently pursue legal action to
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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 3(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 3(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 %) shall be
reimbursed to UWC pursuant to paragraph 3(c) above (for
south of the ultimate centerline).
(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
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