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HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 11A11, A-. , M E M O R A N D U M TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Developmeno----- DATE: March 2, 1993 SUBJECT: CONSIDER DRAFT MEMORANDUM OF UNDERSTANDING (MOU) FOR SPECIFIC PLAN NO. 8 (HIDDEN CREEK RANCH) Messenger Investment Company (MIC) has requested that City Council consideration of the Draft MOU be continued to the March 17th Council meeting. Staff faxed MIC a copy of the attached draft on Friday, February 26, and was notified, today, that they need additional time to complete their review. Additional time is also needed to complete the City Manager and City Attorney review of the attached draft. Attached: Draft MOU cc: Steven Kueny, City Manager Revision #11 (2/26/93) D R A F T MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Memorandum ") is entered into this day of , 1993 by and among the CITY OF MOORPARK, a municipal corporation (the "City ") and HIDDEN CREEK RANCH PARTNERS L.P., a California limited partnership ( "Developer "). RECITALS This Memorandum is entered into in contemplation of the following: A. Developer is the owner of certain real property within the area designated by City's General Plan Land Use Element as Specific Plan No. 8 ( "Project Area "), as shown on Exhibit A. The Project Area is located adjacent to the City limits, and the City's Land Use Element proposes this specific plan area for expansion of the City's sphere of influence. A specific plan for the Project Area is required by the adopted Land Use Element. Developer will make application to the City for '____d use entitlements required to the specific plan, Environmental Impact Report (EIR) , zoning amendment, development agreement, vesting faa-ster tentative map and General Plan amendment (if required by City to ensure Genet .1 Plan Consistency), for a mixed -use, planned community project known as Hidden Creek Ranch (the "Project "). B. In order to allow the Project to proceed, the City's sphere of influence must be modified to include the Project Area prior to being annexed to the City. The City is the municipality in whose Area of Interest the Project Area is located, and is therefore responsible for requesting LAFCO to approve modification of the sphere of influence and annexation of the Project Area. -1-t Therefere The City and Developer intend to apply to the Ventura County Local Agency Formation Commission (" LAFCO") for permission to modify the City's sphere of influence. and - -annex After favorable'LAFCO action 'and ; upon authorization by the:City Council, . staff will proceed to process the application for.annexation of the Project Area into the City. C. City financial records as of September 30, 1992, reflect a deficit of $78,000 remaining from the costs of completing an update to the Land Use and Circulation Elements of the General Plan and zoning consistency. Additionally, the total cost of a sphere of influence expansion study, conducted in conjunction with the General Plan Update, was $26,067.56. MEMORANDUM OF UNDERSTANDING Page 2 D This document '`is .not : an agreement. > This . Memorandum: of Understanding is an' expression o intentby both 'parties 'to'work cooperatively.':. in processing various application acid planning documents relative to the Project.: NOW, THEREFORE, T!T 1G AGREED Y THE PARTIES AS FOLLO WILL DO THE FOLLOWING: 1. Aefreements Performance by Developer: The Developer hereby eevenants and agrees as fellews will do the `following: 1.1 Financial Contribution and Deposit of Funds (a) As Developer was not a financial participant in the General Plan Update process but received a specific plan designation on the updated General Plan and benefitted from the sphere of influence expansion study, beth Gity and so Developer have agreed that Be=•eleper will make a contribution equal to the sum of $78,000 plus $26,067.56 (totaling $104,067.56). The Developer will make this contribution after this Memorandum is approved by the Moorpark City Council and prior to either party to this Memorandum initiating any of the matters included herein. (b) Developer will deposit $25,000 into a Project trust account to be established by the City for disbursement to defray costs incurred by the City in the course of administering and processing the Project, consistent with the tasks identified in attached Exhibit "B ". Said deposit will be replenished in accordance with City Council Resolution No. 92 -893, or any superseding resolution, to reimburse the City for services required to administer and process the Project. The ',City may request that the Developer deposit' additional funds into the Project trust account upon providing :Developer.with an itemized account of ;the funds withdrawn, including.'. the dates 'of service provided; the identity of.the service.?provider; a brief summary of.the'service ;; the number'.ot. hours, or..increments thereof,. expended.'on such service ,'and the hourly 'rate'o.f the person performing that:service To the extent not already, accomplished by ,the itemized account, the City shall render quarterly statements 'to the.:. 'Developer setting forth the :costs .incurred >during the time period covered by the quarterly statement. All, such expenses and costs shall be reasonably, related to the actual preparation and processing of the Project. MEMORANDUM OF UNDERSTANDING Page 3 1.2 Preparation and Submittal of Project Applications and Planning Documents. (a) In accordance with the policies and direction established by City Council on August 19, 1992 (Exhibit C), Developer intends to submit to the City for processing: Project applications for a specific plan, development agreement, pre- zoning amendment, vesting master tentative fftap, LAFCO sphere of influence amendment and annexation, and General Plan amendment (if required by City to ensure General Plan consistency). Using consultants pre - qualified and approved by City staff, Developer intends to prepare all Project applications and planning documents related thereto. (b) Developer will enter into a contract agreement with City for preparation of a Draft and Final EIR for the Project. The City shall then enter into a contract agreement with the environmental consultant determined acceptable by both the Developer and City. The Developer shall be responsible for all costs of preparation of the Project EIR, including environmental consultant and City staff costs. (c) As required by City Council's policy, Developer will notify City staff at least 30 days in advance of the proposed date of submission of the draft specific plan. (d) In addition, Developer will provide all Project related information as requested by City staff or other involved governmental entities (including but not limited to Caltrans, Ventura County Transportation Commission, County Resource Management Agency, Air Pollution Control District, and Local Agency Formation Commission) to make sure that the required planning documents meet the relevant statutory requirements. 1.3 Processing of Project Applications and Planning Documents (a) Developer agrees te will reimburse the City for costs incurred by the City that are* to the Project. These funds will be used to pay for the costs of project management by City staff and outside consultant fees and costs required by the City to review and process the Project applications, planning documents, and EIR that are necessary to entitle the property for development and annexation to the City as identified in Section 1.2(a). Reimbursement will be drawn from the Project account identified in Section 1.1(b) in accordance with City Council Resolution No. 92 -893. MEMORANDUM OF UNDERSTANDING Page 4 (b) Developer agrees -fie will respond promptly to any inquiries from the City concerning draft planning documents or tasks to be performed. Devleper im y tern___ate this Meme a• elum any time, prevAded, hewever Should this Memorandum be 'terminated as provided herein, Developer will remain liable for payment of sums previously committed or "close -down" costs which cannot be reasonably avoided. Payment of such costs not covered by the funds in the Project account identified in Section 1.1(b) will be due and payable within 30 days of the date of written notice of termination, provided for in Section 3, below. Developer's termination of this Memorandum shall be deemed a withdrawal of all applications. (c) Developer accepts responsibility for all Project applications and planning documents submitted by it and will, to the extent possible, make changes and alterations deemed necessary to any Project applications and planning documents prepared by Developer's consultants after consultation with the City. Developer acknowledges that consultants employed by the City to assist the City in the review of the planning documents and /or preparation of the EIR are independent contractors of the City, and Developer will not enter into any contract or agreement with said consultants on this or any other project during the term of this Memorandum,, a� € for a one -year time period following approval e or other 'action on the Project applications and planning documents, and for a one -year time period following termination of this Memorandum, without the prior written consent of the City. 1.4 Planning Documents (a) Planning documents prepared pursuant to this Memorandum of Understanding will strive to achieve an innovative mixed residential /commercial community which integrates mixed density residential and non - residential uses as an alternative to standard subdivision development configurations. (b) The 1992 City of Moorpark General Plan Land Use Element requires that a specific plan be prepared for the Project Area to include a maximum density of 2,400 dwelling units, unless the Developer agrees ±.= provides public improvements, public services and /or financial contributions that the City Council determines to be of substantial public benefit to the community, in MEMORANDUM OF UNDERSTANDING Page 5 which event, the number of dwelling units shall not exceed a density limit of 3,221 dwelling units. The appropriate amount of land to be designated as Open Space, Park, School, Agricultural, or any other appropriate land use designation, will be determined at the time of specific plan processing. (c) The planning documents submitted by Developer shall incorporate clustering and a range of residential products and densities, and include parks and open space; affordable housing; school site(s); and recreation and commercial facilities such as, but not limited to, golf courses, attendant club house facilities, a hotel, swimming /tennis club, equestrian center, and retail facilities. 1.5 Planning Workshops Developer agrees te will conduct two—er mere a series' of ping public workshops planned by Developer and approved by the City Council to obtain public reaction and input related to Project alternatives under consideration as well as planning concepts proposed for incorporation into the specific plan. The City may participate at its discretion. Any assistance provided by City staff with respect to a workshop shall be reimbursed as part of the City's services described in Section 2. 1.62. Participation by Adjacent Property Owners: Developer agrees te will include the approximately 588 acres of property not owned by Developer but located within Specific Plan Area No. 8 in the draft specific plan and supporting documents and to allow those property owners to participate in the development of the specific plan to be prepared by Developer and his consultants. However, Developer's costs of preparing the portion of the specific plan, EIR and other planning documents on those 588 acres not owned by Developer that may be required in support of the specific plan shall be ineluded- --in a fair -s har-e tat' agreement, between ti-.. Le 1-e p er and City. } , , Th >�e- %ii��� "' ee�eiz -�-,� e�4aeen-�rrc —Be-3o e reiTabursefftent agreement r 1 ew fair-share speeifie r i E-IR, and - --ether- - pla-xni-nq - docent —eests €ef the — ether 1re aL-t,,= allewed by law.- Consistent ;with Government Code'`Section 65456 (a)', the City shall impose a specific plan 'fee. upon persons: seeking approvals which axe .required, to be consistent::with' the specific plan. The fees shall be. established' so that in the aggregate they defray, but as estimated do not exceed, the cost) of ``preparation, adoption, and administration of the specific plan,. including costs incurred pursuant to the California Environmental' Quality Act. As nearly as can be estimated, the fee charged shall be a prorated amount in accordance with the applicant's relative benefit derived MEMORANDUM OF UNDERSTANDING Page 6 from . the ` specific-plan.. The City. Council ;shall > determine those Devdloper costs eligible, for reimbursement pursuant to this Section,- Under no circumstances under the reimbursement agreement or development agreement for the Project, shall the City be responsible for reimbursing the Developer. The reimbursement agreement shall be prepared by the City at Developer's expense, at such time that the City receives a deposit from the Developer which covers the full cost of preparation of the reimbursement agreement. X31. Performance by the City: The City hereby eeven-ants- and agrees - a-s-fellews will do the following: X3.1 Processing of Project Application(s) and Planning Documents (a) Exhibit "B" contains the list of tasks required to review and process the Project applications and planning documents. The City agrees te will provide the services described therein in furtherance of the Developer's Project applications and planning documents. The City shall use its best efforts to commit the necessary time and resources of City staff to work with the Developer to process the Project applications and planning documents. This does not constitute a waiver of the Permit Streamlining Act —er the — Subd-ivisien -Map Aet-zi ne lifers. No guarantee is provided that the City Council will certify the Final EIR or approve the specific plan or other Project applications and planning documents. (b) All costs incurred by the City will be reported and accounted for monthly. City staff costs will be billed using the City's schedule(s) of hourly rates and charges in effect at the time the work is done. City consultant and contract employee costs, and any other costs incurred, will be billed at the invoiced amount plus any required administrative charge, as set forth in the applicable City fee schedule(s). MEMORANDUM OF UNDERSTANDING Page 7 2.3..2 Applications to LAFCO The City agrees te will proceed with applications to LAFCO and to provide needed follow -up with LAFCO to modify the City's sphere of influence and seek approval to annex the Project Area in conjunction with the processing of other Project applications and planning documents referred to in Section 1.2(a). The City agrees -fie will submit an application to LAFCO for a Sphere of Influence Amendment for the Specific Plan No. 8 area within 30 days after both of the following two actions are accomplished: 1) The Developer provides the City with the entire financial contribution and deposit of funds as required by this Memorandum; and 2) The Developer signs the City approved Memorandum. 2.43.3 Delays and Suspensions The City agrees will not te delayT suspend, declare a moratorium or ether-wise similarly stop processing of the Project's specific plan while a hillside or growth control ordinance or other proposed ordinances are being prepared, modified, extended, adopted or proposed for placement on a future ballot, unless specifically required to do so by a voter - approved initiative. This section does not preclude the City' Council from enacting any ordinance or placing a measure on the ballot on any subject pertaining to this Project or that has general application. 44. Termination: This Memorandum ef Understanding may be terminated with or without cause by City or Developer at any time with no less than 10 days written notice of such termination. In the event of such termination, City shall be compensated for all costs incurred by the City to process Project applications and planning documents up to the date of termination consistent with Section 1.3 {bj!'cif.:ths Memorandum fermally - withdraw -by-t Developer's termination,' of this. Memorandum shall :be deemed a< withdrawal of Fall Project applications,. 5. Expeditiba the Pxocess Both parties, shall'`use.,their best efforts to cooperate with one another` .in order to> complete the! process las expeditiously' as possible while 'adhering strictly to ths! requirements set. forth herein 'and >to' all applicable' laws and statutes and City policies.! MEMORANDUM OF UNDERSTANDING Page 8 46. Miscellaneous Provisions: 45.1 Should interpretation of this Memorandum, or any portion thereof, be necessary, it is deemed that this Memorandum was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Memorandum or caused it to be prepared. +46.2 No waiver of any provision of this Memorandum shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 46.3 In no event or circumstance shall this Memorandum be deemed to limit or otherwise be deemed a waiver of any right, obligation, claim, cause of action or defense that either party may have under any applicable California or federal law. 46.4 In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Memorandum or as a result of any alleged breach of any provision of this Memorandum, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 46.5 The Developer shall be required to defend at its sole expense any action brought against the City related to this Memorandum. Developer will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Developer of its obligation under this Memorandum. 46.6 The Developer shall hold harmless, indemnify and defend the City and its officers, employees, servants, and agents, including but not limited to the City Manager, Deputy City Manager, Director of Community Development or City Attorney, 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, resulting from misconduct, negligent acts, errors or omissions of Developer or any of its officers, employees or agents in the performance of this Memorandum, except such damage as is caused by the negligence of the City or any of its officers, employees, servants, or agents. MEMORANDUM OF UNDERSTANDING Page 9 46.7 This Memorandum is made, entered into, and executed in Ventura County, California, and any court action arising from this Memorandum shall be filed in the applicable court in Ventura County, California. Executed the day and year first above written. City: CITY OF MOORPARK, a municipal corporation By: Its: Developer: HIDDEN CREEK RANCH PARTNERS, L.P., a California limited partnership By: Its: MEMORANDUM OF UNDERSTANDING Page 10 EXHIBIT "A" Map showing Specific Plan No. 8 area ( "Project Area ") MEMORANDUM OF UNDERSTANDING Page 11 EXHIBIT "B" Following is a list of City of Moorpark staff tasks and services required to administer and process the Project as defined in the Memorandum of Understanding entered into by and among the City of Moorpark and Hidden Creek Ranch Partners L.P. Tasks will be completed in the sequence determined appropriate by the City. Sphere of Influence Amendment 1. Following `authorization by the City Council, the Community Development Department will prepare, with Developer's assistance, an application to LAFCO for a Sphere of Influence amendment for the Specific Plan No. 8 area. 2. Following authorization by the City Council, the Community Development Department will submit the resolution of intent, the application, and the initial study to LAFCO to amend the City's Sphere of Influence for the Specific Plan No. 8 area. 3. The Director of Community Development, or his designee, along with the Developer's consultant, will attend any LAFCO meetings or hearings pertaining to the Sphere of Influence amendment application for the Specific Plan No. 8 area. Annexation 1. Following;' author ization..by the City Council, the Community Development Department will prepare with Developer's assistance, an application to LAFCO for annexation of the Specific Plan No. 8 area. 2. Following authorization by the City Council, the Community Development Department will submit the City Council resolution of intent, the application, and the initial study to LAFCO for annexation of the Specific Plan No. 8 area. 3. The Developer will prepare the plan for services and all other pertinent documents and maps with the assistance of the Community Development Department. 4. The Director of Community Development, or his designee, along with the Developer's consultant, will attend any LAFCO meetings or hearings pertaining to the annexation application for the Specific Plan No. 8 area. 5. Following a positive annexation action by LAFCO, the Director of Community Development will submit to the City Council the LAFCO action for approval.