HomeMy WebLinkAboutAGENDA REPORT 1991 0918 CC REG ITEM 08HITEM 9- y MOORPARK
799 Moorpark Avenue Moorpark, Cal fornia 93021 (805) 529 -6864
MEMORANDUM
TO: The Honorable City Counc l
FROM: Patrick J. Richards, Diro�ctor of Community Development
DATE: September 5, 1991 (CC meoting of September 18, 1991)
SUBJECT: CONSIDER AGREEMENT AND OFFER OF DEDICATION RELATED TO
CONDITIONS 55 AND 56 OF a "ONDITIONAL USE PERMIT NO. 90 -2
(COPTIC CHURCH)
The Department of Community Development has received the following
documents related to CUP 90 -2 (C_Oj i- Church) from the applicant
for signature by the Mayor:
(1) Agreement for Deferment o Public Street Improvement Work
(2) Irrevocable Offer of r)ed .ati.on
These two documents were prepared by the City Attorney and are
required by Condition Nos. 55 and 5r Of thE' Conditional Use Permit.
A review of the City Council Minute- (A April 3 and April 4, 1991,
containing the action of the City Council regarding CUP 90 -2, does
not confirm specific language accenting the Irrevocable Offer of
Dedication nor authorizing the May( > - t_) sign the Agreement.
For the sake of clarity in the publ:.� record, it is requested that
the Council take action to aut.hcrize the recordation of the
Irrevocable Offer of Dedication and authorize the Mayor to sign the
Agreement for Deferment of Public- 7treet Improvement Work. The
City will defer the acceptance the I revocable Offer of Dedication.
The Coptic church is still operat:L_nj under- a Temporary Use Permit
as the applicant has not yet completed all of the "Prior to
Issuance of Zoning Clearance,, condi. ions, such as paying the City
for outstanding processing costs. On August 27, 1991, the City
sent the church a letter request.i_n $2,465.00. The information
provided below list a summary of t'ie deposits and costs for the
above captioned projects. Deposits nclude those received for Case
Processing and Condition Compliance This billing is for all case
processing including the cost of pro( essing the Minor Modification,
and related Condition Complian + -,c , taint loes not. include City
Attorney charges for preparing E ; documents pursuant to
Condition Nos. 55 and 56, since
posted. t st 'J., w'ges have not yet been
`'OORPARK. CALIFORNIA
City C I Meefing
of 7 199,1
A: \CC2 .MEM
ACTION: W
PAUL W LAWRASON JR. BERNARDO M PERE7 SCOTT MONT,,( q
}�' E *ALLEY JR
Mayor Mayor Pro rem Councirnr
JOHN E WOZNIAK
vunalmember Councilmember
TOTAL CITY COSTS TO DATE
TOTAL DEPOSITS MADE BY THE CHURCH
TOTAL AMOUNT DUE
$ 4,865.00
$ 2.400.00
$ 2,465.00
Inasmuch as the completion of the :Irrevocable Offer of Dedication
and the Mayor's signature on the Agreement for Deferment of Public
Street Improvement Work are part of the requirements necessary for
the applicant to finalize the Conditional Use Permit, there is no
need to hold the Mayor's signature a*� this time. Issuance of the
Zoning Clearance for the Conditional Use Permit will terminate the
existing Temporary Use Permit. A Temporary Use Permit has allowed
the Church limited use of the property. Staff is of the opinion
that the Mayor should sign the Agreement at this time.
Recommendation
Take action to authorize the recordation of the Irrevocable Offer
of Dedication and authorize the Mayor to sign the Agreement for
Deferment of Public Street Improvement Workk
Attachments: 1. Pages 9 and 11) (:f the city Council's minutes
of April 17, 199
2. Pages 16 and 17 )f the city Council's minutes
of April 3, 1991
3. Agreement for 3eferment. of Public Street
Improvement Work
4. Irrevocable Offer of Dedication
5. Letter to applicant dated August 27, 1991
A: \CC2.MEM 2
MINUTES OF THE CITY COUNCIL
Moorpark, California >aqe 9
10. COMMENTS FROM COUNCIL MEMBERS:
April. 17, 1991
A. Appointment to the Advisory Committee to Study Land
Use and Public Facility Opt ions/ Solutions for the
East Santa Rosa Val ev.
MOTION: Mayor Lawrason moved and Councilmember Talley
seconded a motion to appr, >ve Mayor Lawrason as member and
Councilmember Wozniak s alternate to the Advisory
Committee to Studyt,i -id Use and Public Facility
Options/ Solutions for t:-, east Santa Rosa Valley. The
motion carried by unar m �.i! ,woo -ice vote.
11. ACTION /DISCUSSION ITEM,
A. Consider Weldon Canes -jn Environmental Impact Report.
Staff Recommendat:o:: Authorize Mayor to send a
letter to Board f Supervisors noting City's
concern with no ;)r:Dject i.lternative. (Continued
Item 11-A. from z1 ; 3 )
MOTION.' Councilmember Montgomery moved and
Councilmember Wozn.i�k seconded a motion to continue
this item to the Ma 1991 City Council meeting.
The motion carrier,', , unanimous voice vote.
AT THIS POINT in the meet ..nq a recess was declared. The
time was 9:05 p.m. The -?etinq reconvened at 9:24 p.m.
BY CONSENSUS: By conse ->us '. 1)(, Council determined to
hear 11.C. before 11.F,.
C. Consider a Report_ Back _to the City Council
Regarding Condition _Nos. 55 and 56 of Resolution PC
90 -230 approving CUF 90 -2 _- _Coptic Church. Staff
Recommendation: 1 Concur with Temporary Use
Permit through May 5th, 2) Concur with staff's
approach to resolvir -4 Cond -ition Nos. 55 and 56, 3)
Refer considerat:ior cf a Minor Modification to
Conditions Nos. ind 56 to the Planning
Commission.
Councilmember Perez said that because there might
be a perception of conf1 -pct of interest because
his wife was the rea, estate agent involved in the
sale of the prope - +-.y to the Church, he would
abstain from votin(i 11)uncI t imember Perez left the
d a :i_ s .
MINUTES OF THE CITY COUNCIL
Moorpark, California rage 10 April 17, 1991
Mr. Porter gave the staff report.
In response to Council question, Mr. Kueny said
that an agreement k ithout: a surety would not give
the same assurance that. if Majestic Court was built
there would be funds available to complete the
improvements on th(- church property.
Medhat Maximous, Coptic church representative was
available to answez questions. He said that the
Church was willing '.c pay their fair share of the
improvements and w u Id make an irrevocable
dedication of propf r -ty f and when Majestic Court
was constructed..
Councilmember Mont ornery suggested amending the
first sentence of Condition 56 to read " The
applicant shall I)i c i(le a:- _irrevocable covenant to
the City...'"
MOTION: Councili-.ember Montgomery moved and
Councilmember Tali.c =,, secorided a motion to concur
with a Temporary U >e Permit through May 31st or
until the approv...I of the suggested minor
modification; to .c ncur �,a °.th staff's approach to
resolving Condit..io as No:;. 55 & 56 with the
amendment to Condition 56 as suggested by
Councilmember Mont(iomer.y,, the covenant in the
packet submitted ID,, the app- licant to be accepted
with clarif icat or: '_hat. the language of the
covenant and agreemo nt musl t)e satisfactory to the
City Attorney; the Inatt:er to be forwarded to the
Planning Commissi ;] t:o consider the minor
modification to Conditions Nos. 55 and 56; staff
directed to process °he minor modification charging
actual and out- of•- po --ket. expenses only, which would
include City Attorney, cost--.•. The motion carried by
voice vote 4 -0, c: -oul : ::! ]memher Perez absent for the
vote..
B. Consider Cinco de.._Mayc_
Event
_Status Report. Staff
Recommendation:
Pa.-re(
staff as deemed
appropriate. (Coat ;L1
..a(id -t-cm
11.F. from
4/3/91)
Mr. Newhouse gave t:,
— sta f (
report.
Commissioner Cor_2i.e
of
the City's
Parks &
Recreation Commis,si,n
answered
Council
questions
regarding the event:
-udgEt
Q�l
Minutes of the City Council
Moorpark, California gage 16 April 3, 1991
Councilmember Montgomery expressed his concerns
with serving alcohol on City property. He also
said that admission for children under 16 should be
free and an admission charge of only $2.50 - $3.00
should be charged for adults.
The Council concurred that their recommendation
would be that an a0mJssic ?11 charge for children be
dropped.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff
recommendation to 1) Direct that insurance, law
enforcement and non over - time exempt employee costs be
included in the program Iudget; 2) Continue this item to
the City Council meeting of 4/1.7/91; 3) Direct the Parks
and Recreation Commission to prepare and submit the final
budget recommendation wh -:ch .includes the aforementioned
costs; staff recommendation No, 4 to direct Parks and
Recreation Commission regarding modification to program
scope as result of concerns expressed by Holy Cross
Catholic Chu', -ch considerc d to already be satisfied. The
motion carried by unan.im <,us `wo i ,,,E� vote.
G. Consider CUP 90 -2 Coptic Church) Requirement to
Dedicate Right Of ,ay and Improve Future Extension
of Majestic Court__ Staff Recommendation: Direct
staff as deemed app r ",)FIT :i..�
Councilmember Perez said t:.nat because there might
be a perception of e conflict of interest because
his wife was the real estate agent involved in the
sale of the property to the Church, he would
abstain from voting Councilmember Perez left the
dais.
Pat Richards gave thl_s staff report. He said that a
letter had been provided by the applicant which was
included as part of the staff report. He said he
took exception to tte statement in the letter that
Condition No. 56 w<rs changed after the Planning
Commission hearing f raniulry 22, 1991. He said
Condition No. 56 way read nto the record of that
Planning Commission ieet.ing by Pat Dobbins from the
City Engineer's offj e Th( condition had not been
changed.
�. Minutes of the city Moorpark, California
council
,,aqe
— -�_- -
April 3, 19 91
Medhat Maximous
indicated that representing the Co
waived any additional costs that Church,
appreciated this, project that could be
ppreciated b would
Y the +:: 'hunch . be very much
No. e be reviewed E� He asked that
could be y staff to Condition
entered ir�.t.o to satisf see if an agreement
MOTION: Y this Condition.
Wozniak Councilmember Montgomery moved and Councilmember
Condition seconded a motion
55 & 56 so t:h,it to have the staff
Pay a substantial the applicant revise
descri amount won #t have
substantial for the for preparation to
some kind n or t Property but be required to a legal
out the church would coo h}3t if Majestic Court provide
written and brought pE -rate, this condition was built
meeting; ght beck tc: the Council be re-
g; Condition No. ,3 ,l,�r� to at the
conjunction with be reviewed b next
36 to be Condit:ioz No. 5 6 56 • Y staff in
back left unmodified Conditions 35 &
to the Planning 'ondit� -ion 49 to be
to grant a tem g Comml >slon f °)r evaluation. referred
Easter porary Use permit for the � the City
services in the _J r t bu ] i dingy Church to
next week); the motion � (Saturday hold
<�r i,�,,f b�. y and Sunday
Unanimous voice vote. to In response
Richards clarified thacttie tuber Montgomery,
issued "over the cc�un, e .,N temporary Mr.
r and the y use Permit .
fee was $31.40.
In response to
suggested Counci..lmember Montgomery,
deferring tt,e fee For the Mr' Kueny
Po plianceefee to tie; p ay b '3s part of the condition use
ition
By CONSENSUS:
temporary use The count °i determined
above. Permit fee ��� aggestE�d b to handle the
y the City Manager
12. ORDINANCES:
None were presented.
13.
FUTURE AGENDA ITEMS:
Councilmember Talle
Presbyterian Church y requested
Condition be on the that RpD 89_3
5. p, next agenda for a review of
Councilmember Talle
Affordable Housing reciue;;ted that
g project bc� o,� thE, the Westland
lmemb
Counci next agenda.
er Perez returnec.a � t:hc? dais.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Moorpark
799 Moorpark Avenue ,
Moorpark, California 93021--
This
between
municipal
( "City ").
k
AGREEMENT FOR DEFERMENT
OF PUBLIC STREET TMPROVEMENT WORK
Agreement entered into a
( "Owner ")t
corp[oration, located
n 1991, by and
rind the City of Moorpark, a
si Ventura County, California
Whereas, Owner owns that certain real property ig the City of
Moorpark, more particularly described in Exhibit A attached hereto
and incorporated herein by reference ( "Property ").
Whereas, this Agreement is entered into for the purpose of
complying with Condit: - �n Numbers ')5 and. 55 of Conditional Use
Permit No. 90 -2 approved by they P arininq Commission of City on
January 22, 1991.
I
Whereas, City contemplates fature construction of public
improvements consisting of needed road improvement within the
dedicated area ( "Improvements ").
Whereas, a deferment of instal,.ing the Improvements is in the
best interest of the Owner and City
THEREFORE, THE PARTIES HEREB'Y AGREE AS FOLLOWS:
1. Benefit of Improvements. Owner agrees that the
improvements required to be installed, as a condition of
Conditional Use Permit No. 90 -2 apprc >ved by the Planning Commission
Of City on January 22, 1991, are iecessary and will materially
benefit Property.
2. Construction of Improvements. Owner shall construct
Improvements in accordance with all applicable laws, statutes,
ordinances, rules, regulations and standards then in force and
effect in City, which are incorpnTared herein by reference.
A:\AGRMNT
3. Deferment of Construction. City agrees that owner may
postpone construction of Improvements until such time as City in
its sole discretion finds the Improvements are necessary if and
when the future Majestic Court is constructed along the south
property frontage. Owner shall complete Improvements within ninety
(90) days after written notice from City to construct Improvements.
Notice shall be deemed given three (3) business days after
placement in U.S. mail (certified mail, return receipt requested)
addressed to Owner as shown on the ]atest equalized assessment roll
of Ventura County.
4. Right of City to Complete Improvements If Owner fails to
construct Improvements within the ninety (90) day period, City may
elect to complete Improvements and assess the cost of construction
as a lien against the Property. City may elect to foreclose the
lien if Owner fails to reimburse City for the cost of construction
within thirty (30) days after writ-.ter Ii notice given in the same
manner as Section 3 above.
5. Attorney's Fees If legal action by City is necessary to
enforce this Agreement, Owner agrees to pay City its attorney's
fees and reasonable costs.
6. Release. When Improvements are completed in accordance
with this Agreement, City agrees tc rel.ease Property from further
obligation under this Agreement.
7. Covenants to Run With Land. All covenants in this
Agreement shall pertain to and run wit the Property, and this
Agreement shall apply to, bind nd insure to Owner and its
successors, heirs and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first written above.
CITY OF MOORPARK
MAYOR
City Cler
A:\AGRMNT
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
OFFER OF_DEDICATION
1' _, as owner ( "Owner ") of that
certain real property located in the City of Moorpark, Ventura
County, California, more parti.cu_1_arly described in Exhibit A
attached hereto and incorporated herein by reference ( "Property "),
hereby makes an irrevocable offer of dedication to the City of
Moorpark ( "City ") of Property nec_�ssary for street and highway
purposes.
2. City shall incur no liability with respect to this offer
of dedication and shall not assume any responsibility for the
offered Property or any improvement:, to Property, until this offer
has been accepted by t',e appropriat ar -t i( :vl of the City Council of
City.
3. This offer is for the benezit of and in favor of the City
only, and shall be enforceable only by City and its successors,
heirs and assigns. No rights are created hereunder in favor of any
other person or entity. This offe.- is made and entered into for
the purpose of complying with Condition. Numbers 55 and 56 of
Conditional Use Permit No. 90 -2 appr:)ved by the Planning Commission
on January 22, 1991, as a comprehem i %,e scheme for the development
of the Property.
A:\OFFR.DED
4. This offer is intended to benefit. and burden Property, and
shall run with the land and shall apply to, bind and inure to Owner
and its successors, heirs and assicrns.
OWNE
By -- - -
Name__
Title
CONSENTS
The undersigned, holder(s) of ::he specified interest(s) in
Property, hereby consent to the he
of dedication set forth
above.
Dated
Name
Interest
A:`OFFR.DED
1991
LEGAL DESCRIPTION
The south 6.5 feet of Parcel 1 of Lot 54 of the Freemont Tract in
the County of Ventura, State of California, as shown on Parcel Map
filed for record November 15, 1968 in Book 4, Page 96 of Parcel
Maps, in the Office of the County Recorder of said County.
MOORPARK
799 Moorpark Avenue ioorpark, ;alifornia 93021 (805) 529 -6864
August a'7, 1991
Archangel Michael Coptic Orthodox Church
110 Freemont Street
Moorpark, California 93021
Attention: FR Shenouda GhattaS
SUBJECT: REIMBURSEMENT TO CITY FOR CASE PROCESSING COSTS IN EXCESS
OF DEPOSIT FUNDS FOR CUP 90 -2 (COPTIC CHURCH)
Dear FR Shenouda Ghattas:
In computing staff time for processing Conditional Use Permit No.
90 -2, which includes the City Engineer, Environmental Health,
Police Department, and Department of Community Development staff
charges, total staff costs to dolt- are :$2,465.00 in excess of the
submitted deposits.
The information provided below li:t a summary of the deposits and
costs for the above captioned projects. Deposits include those
received for Case Processing an -1 Condition Compliance. This
billing is for all case processing including the cost of processing
the Minor Modification, and relate] Condition Compliance, but does
not include City Attorney charges ,or preparing the legal documents
pursuant to Condition Nos. 55 and ;6, since these charges have not
yet been posted. This billing q--70 -.red clsarges through August 27,
1991.
DEPOSITS.
1. Conditional Use Permit No. 91-2
2. Condition Compliance Depos -i,.
TOTAL
A:1MONEY.LTR
PAUL W LAWRASON JR E't RNA«
DO wj Pf �q iCGI'
f.laya
$1,152.00
X1,256.00
$2,408.00
ROY E_ TA[ [EY JR JOHN E WOZNIAK
G ,..... Counc'[M(MS r
C(:)STS
1. City Engineer 25% of CUP d(posit- $ 288.00
2. Community Development Staft Time
63 hours at $71.00 per hou= $4,473.00
3. City of Moorpark Police Department
1 hour at $71.00 per hour $ 71.00
4. Ventura County Environmental Health
Department .5 hours at $71 10 per hour $ 33.50
TOTAL $4,865.50
TOTAL COSTS TO DATE
TOTAL DEPOSITS $ 4,865.00
TOTAL AMOUNT DUE $ 2,400.00
$ 2,465.00
Please remit a check payable to the City of Moorpark in the amount
of $2,465.00 no later than September 23, 1991. Additional costs
related to Condition Compliance that have not yet been received,
such as the City Attorney's time in preparation of the
aforementioned legal documents psrsuan.t to conditions 55 and 56,
will be billed to you at a latE: r date,
If you have any questions, please ca 1 rn(s at (805) 529 -6864. Thank
?Director erely y ur
ick 1- chards
f Community Development
1.
2• PaulePorter, City Manager
Senior Planner
3 • GCase File Clip 90 -2 (Mi.scollaneaus Correspondence Section)
A:1MONEY.LTR