Loading...
HomeMy WebLinkAboutAGENDA REPORT 1998 0819 CC REG ITEM 10D114 -S7 '3 ITEM I De Do f:STV OF NiOORPNRK, CALtFORMA CITY COUNCIL AGENDA REPORT City Council Nfeeting CITY OF MOORPARK of � - � q 913 ACTION: m er ��_ the aae. nof� TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services l DATE: August 13, 1998 (CC Meeting of August 19, 1998) SUBJECT: Consider Request From Carlsberg for Early Construction of the Park in the Carlsberg Specific Plan Background The City is in receipt of a request from Carlsberg to proceed with the construction of Carlsberg Park. Under the Settlement Agreement between the City of Moorpark and Carlsberg, the developer is obligated to design and construct the park (approximately 6.5 acres). As specified in the Agreement, Section 5.b.2 (see Attachment A), the park is to be dedicated to the City and available for public use "prior to the occupancy of the 227th dwelling unit ". Additionally, the Settlement Agreement includes a description of the various park improvements; e.g., softball field, tennis court, basketball court, parking lot, restroom, etc., and requires Carlsberg to provide park maintenance for a minimum of one year following dedication to the City. On June 4, 1997, the City Council reviewed and approved the conceptual design for the park (see Attachment B). As you may recall, the conceptual design included a second tennis court which Carlsberg agreed to construct. Since the June 4, 1997, Council meeting, Carlsberg and Lennar Homes, the residential contractor, have expressed an interest in proceeding with the construction of the park earlier than prescribed in the Settlement Agreement. In its letter dated July 17, 1998, Carlsberg states that it would like to proceed with grading and construction of the park immediately, pending the City Council's approval. To address the City's constraints regarding park maintenance funding, Carlsberg proposes amending the Settlement Agreement such that in turn for the early construction of the park, Carlsberg would agree to maintain the park (or fund maintenance performed by the City estimated to be approximately $68,000 annually) up to the occupancy of the 227th dwelling unit, and then as originally agreed, would continue to maintain the park for one year after its dedication to the City. The tentative processing and development time line indicates that the Residential Planned Development (RPD) applications for the four residential tracts could be presented to the City Council as early as January, 1999. Grading could commence shortly after that, and the first occupancy is estimated to be around July, 1999. If the housing market holds strong, Lennar C:IDOCSTARKSTARLSBRG.AGD A �_.. Carlsberg Park Construction July 28, 1998 Page 2 would like to proceed with the construction of approximately 200 to 250 homes per year, which would mean that the soonest the park would be dedicated to the City would be about July, 2000, and the City would then be responsible for the park's maintenance by July, 2001. If the housing market slows down, or if processing or development activity is not as fast as expected, the estimated date that the City would take financial responsibility for park maintenance would be pushed back a year to 2002 or later. While the request proposed by Carlsberg does not commit the City to assuming park maintenance costs any earlier than specified in the Settlement Agreement, the past funding mechanism that was in place to maintain parks no longer exists. As a result, Council may wish to consider the long term financial implications of constructing the new park. As stated previously, a year after the dedication of the park, the developer's obligation to maintain the park ceases. The Council should note that the Settlement Agreement does not obligate the City to maintain the park at any given level. The City could reduce maintenance or even cease to maintain the park. However, if the park is to be maintained upon its dedication, the City will be responsible for identifying a mechanism for funding all on -going maintenance and repair. If the City Council desires to proceed with the development of a park in the Carlsberg Specific Plan, whether as specified in the Settlement Agreement or as recently requested by Carlsberg, it is necessary to consider possible future funding scenarios. An obvious option is to absorb the maintenance cost of the Carlsberg Park, and any other new park, from within the General Fund. However, without any foreseeable significant growth in revenues in the General Fund, this option would require cuts in other General Fund supported programs such as law enforcement, recreation, senior center, and /or other general government functions. The City Council may also wish to consider new revenue. A "special" tax could be considered in the same manner as was done in conjunction with the November 1997 general election, which required a two - thirds affirmative vote. Additionally, the Council could consider implementation of an assessment using a mail ballot protest approach. Property owners are given 45 days in which to return their completed ballots. No assessment may be imposed if a majority of the ballots returned oppose the assessment. A "majority" is determined on a weighted formula based on financial obligation of the affected property owners. This and related budget concerns will be under review by the Budget and Finance Committee. Another option would be to assign the maintenance of the park as a responsibility of the HOAs that will be established within the project area. Under this option, the park could either remain a "public" park or be developed as a "private" park for the exclusive use of the HOA members. Provisions for maintaining the park could be included in the Covenants, Conditions, and Restrictions (CC &R's) and the Homeowners' Associations (HOA) bylaws. This would be the C:\DOCS\PARKS \CARLSBRG.AGD Carlsberg Park Construction July 28, 1998 Page 3 only existing homeowner association required to maintain a public park in Moorpark. The City Council could also consider not building the park, or delaying its construction until such a time as a new revenue source is secured. Additionally, the property could simply be left vacant, or the developer could propose an alternate use. Another option is to establish a Zone of Benefit, whereby only the residential and commercial property owners in the project area would be assessed to fund the maintenance of the Carlsberg Park. This option would be similar to the assessment recently approved by the residents of Villa Campesina. The down side to requiring the project area property owners to fund park maintenance costs, either through an HOA or establishing a Zone of Benefit, is that the use of the park is not restricted to these payers, but will be open to the general public. The aforementioned options could be combined in several different ways. A private park could be built on a portion of the property and the remaining property could be dedicated to other uses. The Council could proceed as it did with Mountain Meadows Park, whereby the City established a provision, which it did not have to use, that required the HOAs to maintain the park until a public funding mechanism could be found. As stated earlier in the staff report, under the best case scenario, there is approximately three plus years before the City would need to implement funding for the Carlsberg Park. If there is a desire on the part of the City Council to proceed with the construction, there is time to evaluate the aforementioned options. Staff plans to further explore the various tax assessment options with the Council's Budget and Finance Committee in more detail. In light of the City's previous intent to have a neighborhood park located within the Carlsberg project, the requirements of the Settlement Agreement, and Council's earlier expressed interest in proceeding with some type of formal park maintenance funding mechanism; i.e., assessment district, staff believes that the construction of the proposed Carlsberg Park is still desirable. If the Council approves Carlsberg's request, the developer has tentatively indicated that it plans to proceed immediately to develop grading plans, finalize construction documents, and initiate permits. C:\DOCS\PARKS\CARLSBRG.AGD Carlsberg Park Construction July 28, 1998 Page 4 Recommendation Staff recommends that the City Council: Approve Carlsberg's request to amend the Settlement Agreement allowing them to proceed early with the construction of the park in the Carlsberg Specific Plan; and 2. Confirm that the developer shall assume the cost of fully maintaining the improved park through the occupancy of the 227th dwelling unit, at which time the City will be asked to formally accept the park; and Confirm that developer, as specified in the Settlement Agreement, will continue to assume maintenance cost for the park for one full year after the City's acceptance; and 4. Defer a decision on the funding mechanism for the park until the Budget and Finance Committee has concluded its evaluation of park maintenance options, but prior to the approval of the RPD. C:\DOCS\PARKS\CARLSBRG.AGD 4- . A S LlLh 0;1 5 , b Z S n �e �� pfc, fee 0n1e vx -_ shall not issue until this Agreement becomes effective pursuant to t Section 3. b (2) Within the boundaries of the property described f in Exhibit A, Simi shall dedicate, at its sole cost and expense, park land and nature preserve land to the City of Moorpark as shown on the Amended Specific Plan Exhibit 7. Within the boundaries of ' the property described in Exhibit B, Conejo shall dedicate, at its sole cost and expense, park land and nature preserve land to the City of Moorpark as shown on the Amended Specific Plan Exhibit 7. ' At their sole cost and expense, Plaintiffs shall make improvements to the park land dedicated pursuant to this Subsection and shall provide maintenance of the land and improvements, irrespective of ' which of the Plaintiffs made the dedication. The improvements shall include, at City's sole discre- tion, the following: (a) Softball field with a minimum of 300 foot outfield radius with no obstructions, backstop, foul line chain link fencing, fenced dugouts with concrete floors and bleachers on concrete pads to seat 150 people; (b) Regulation soccer field, 225 feet wide and 360 feet long with no obstructions, that does not overlap onto the softball field area, except as approved by the City Council, and two (2) semi - permanent goals; (c) Two tennis courts; (d) Full basketball court; (e) Children's play equipment/ apparatus and tot lot similar in size and area as at City's Tierra Rejada Park; (f) Concrete block restroom with tile roof; (g) Picnic shelter with solid roof and matching tile to the restroom; and (h) Off- street parking with a minimum of 30 standard sized parking spaces. Final design, plans and specifications shall be as approved by the City Council, including applicable handicapped requirements, and shall include but not be limited to grading, drainage, handscape (walkways, bike paths, etc.) landscape (trees, shrubs, groundcover and turf), security lighting for the park and parking lot, and miscellaneous amenities in quantities as determined necessary by City (tot lot. and park perimeter fencing, trash receptacles, trash bin enclosures, bike racks, barbecues, picnic tables, pay telephone, identification monument signs, and LAX:92572.22 4 R �/.r. *iL f other signage, etc.). In addition to water, sewer and electrical services, the improvements shall include stub out into the park at a location determined by City for natural gas, telephone, and cable television services. At their sole cost and expense, Plaintiffs shall: (i) design the park,and submit conceptual plans for City approval, (ii) prepare final design, plans and specifications and submit the same to City Council for approval, (iii) submit the approved final plans and specifications to City for plan check along with appropriate fees, and (iv) pay City for inspection of the park construction. The park shall be dedicated to City improved and available (open) to the public prior to the occupancy of the 227th dwelling unit within the boundaries of the Amended Specific Plan. i After the park is opened to the public and prior to its formal acceptance by City, Plaintiffs shall provide a minimum of one year's maintenance for the park land and improvements, including 1 all labor, materials, and water, in accordance with the specifica- tions used by City at its parks. The nature preserve land shall be dedicated to the City of Moorpark at such time as is specified in the Amended Specific Plan. f Plaintiffs and Defendants acknowledge that the above , described improvements along with the dedication of the above - described park land and nature preserve shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code Section 66477 9t sea. for all subsequent subdivision maps within the Amended Specific Plan area for a maximum of 551 residential units. Plaintiffs shall secure the above described improvements and the one year maintenance requirement by the execution of City's standard subdivision agreement prior to the approval of the first final tract map or the first final parcel map within the Amended Specific Plan area. (3) As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, Plaintiffs shall pay City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (4) As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, Plaintiffs shall pay City, except as provided in Section 12, a development fee as described herein (the "Development Fee") and any capital develop- ment fee adopted by the City Council on or before April 30, 1995 92572.22 do y j y sZ '?oo' Il 'A A r da WZ \ �P U2 (93) 10. rl- SS WE WE II II 54 55 \- 113' N=: OPTIMUM 195 XMN-SA, IELD -W AX FIELD AS JLLUSTF TENNISA SCIENCE DRIVE HARDGOt PA Il 'A A r da WZ \ �P U2 (93) 10. rl- SS WE WE II II 54 55 \- 113' N=: OPTIMUM 195 XMN-SA, IELD -W AX FIELD AS JLLUSTF TENNISA SCIENCE DRIVE