HomeMy WebLinkAboutAGENDA REPORT 1999 1020 CC REG ITEM 10D-12 5 . ^z
-FrEM �o •_ .
CITY OF MOORPARK, CALIFORNIA
�)� i � City Council Meeting
of .1L`' gy ar 1qg9
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services 1
DATE: October 8, 1999 (CC Meeting of October 20, 1999)
SUBJECT: Consider Use of the Eastern Portion of Arroyo Vista
Community Park by Southern California Edison (SCE) and
Performance Nursery
SUMMARY
The Council is being asked to consider directing staff to
negotiate with Southern California Edison (SCE) and Performance
Nursery for use of the eastern portion of Arroyo Vista Community
Park by SCE for access purposes and by Performance Nursery for
access and nursery stock storage purposes.
BACKGROUND
SCE owns a long strip of property between the Arroyo Simi and
AVCP, which then extends southward between the Mountain Meadows
and Peach Hill neighborhood (Attachment A). Its electrical
powerlines are on this property which is it also leases to
Performance Nursery for the purpose of operating a wholesale
nursery. A dirt access road exists across a portion of the
eastern end of AVCP. SCE needs to use the dirt access road to
service its powerlines, an effort which requires them to travel
to and from their property north of AVCP and its property east
of AVCP. SCE needs to use the dirt access road across AVCP
because of the grade difference between its two properties.
Over the past several years, Performance Nursery expanded its
initial operations onto SCE's property north of AVCP and along
the Arroyo (prior to that the Nursery was located on the strip
of SCE's property running south of the Arroyo Simi). As a
result, it has been informally using the dirt access road for
its operations. The Nursery operates seven days a week from
C: \TEMP \perf nursery agr ccagda_.doc 000042
Edison and Performance Nursery Agreements
Page 2
daybreak to dusk. Trucks access the property from various points
to take delivery of plants, and smaller tractors and trucks,
owned and operated by Performance Nursery, traverse the property
performing a number of functions.
Over the past six or more months, the City has heard from
several residents regarding the activities of Performance
Nursery. The concerns expressed by the residents include, but
are not limited to: hours of operations, noise level, dust,
pedestrian and vehicle safety, vehicle size, and the
encroachment of the Nursery's activities onto City property.
Performance Nursery's activities have become a nuisance to
adjacent residents, impacting enjoyment of their property. Their
concerns are valid and have been observed by City staff. A code
enforcement case is open on Performance Nursery. This report
relates to use of City property, not the code compliance
matters. Copies of correspondence related to the code compliance
case have been provided to the City Council under separate
cover. While the Director of Community Services has been
involved in discussion with residents and Performance Nursery,
the efforts by City code enforcement staff should be referenced.
DISCUSSION
It is time the City formalizes the use of City property by SCE
and its tenant, Performance Nursery. Staff proposes a license
agreement with SCE that is personal to them, i.e., it cannot be
assigned or transferred to others. Performance Nursery, or any
other tenant of SCE, would need a separate license agreement for
use of this City property. The agreement would address liability
issues, type and time of use and related matters, as well as an
appropriate monetary compensation for use of City property.
Since Performance Nursery uses the dirt access road on a more
frequent bases than SCE, the Council should consider the type of
vehicles and the trip frequency as well as hours of operation
for the Nursery's use of the dirt access road. In addition,
since around April of 1999, Performance Nursery has been using a
small portion of the undeveloped City property at the very
eastern end of AVCP. It is recommended that past and continued
use of this property be addressed in the same or a separate
agreement.
()00043
Edison and Performance Nursery Agreements
Page 3
The City Council is being asked to consider the provisions
identified in the Agenda Report and to direct staff to negotiate
agreements with Edison and Performance Nursery.
STAFF RECOMMENDATION
Direct staff to negotiate agreements with Southern California
Edison and Performance Nursery consistent with the content of
the staff report for subsequent approval by the City Council.
00004
-209
ua
Y
o
dp p o
u�y ypN�
4�
� 1016 �'1
§
� B
S
o4�UO4,