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HomeMy WebLinkAboutAGENDA REPORT 2001 0404 CC REG ITEM 10AITEM / D . 4 . of A fT , ilti:L'onf�nucd 70C-- r _ Lrle-i/ Mecfirtcj p� S a boa /. MOORPARK CITY COUNCITU AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: March 26, 2001 (CC Meeting 4 -4 -01) ` SUBJECT: Appeal of Decision of the Director of Public Works Denying an Application from the County of Ventura for a Street Encroachment Permit to Construct Modifications to Street Improvements Related to a Proposed Project by the County to Realign Moorpark Road OVERVIEW This presents an appeal (Exhibit 1) from the Transportation Department of the County of Ventura ( "County "), of a decision by the Director of Public Works for the City ( "Director "), denying the County's application for a City Street Encroachment Permit to construct modification to certain City street improvement required by the construction of a County project ( "Project ") to realign Moorpark Road to intersect Tierra Rejada Road at Miller Parkway. RArW'PnTTNTM 1. In 1993 the City Council first considered the County's proposed realignment Project. 2. In 1994 the City reviewed and commented on a number of alignment alternatives (see Exhibit 2) summarized as follows: A. one which would realign Moorpark Road to intersect Tierra Rejada Road at Spring Road; B. one which would realign Moorpark Road to intersect Tierra Rejada Road at Miller Parkway (previously Science Drive); and C. one which would leave the intersection of Moorpark Road and Tierra Rejada Road at its present location. 3. In 1996 the City received, reviewed and commented on the Traffic Study prepared for the Project. J 4. MpkRd Realign2 Moorpark Road Realignment March 26, 2001 Page 2 4. In 1997 the City Council received, reviewed and commented on the Negative Declaration for the Project. At the end of that review process, the County opted to prepare a full Environmental Impact Report (EIR) for the Project. 5. In 1998 the City received, reviewed and commented on the EIR for the Project. With the consent of the City Council, a letter from the Mayor was sent to the County expressing the City's opposition to the Project, citing a number of unresolved issues pertaining to the traffic impacts. 6. In 1999 the County Board of Supervisors selected Alternate B (Science Drive) and approved the Project and related EIR. 7. At the request of the County, the Director reviewed and commented on a number of preliminary designs for the Project. 8. In June of 2000, the County submitted an Encroachment Permit Application to the City for the construction of the Project. In a July 19, 2000, letter from the Director, that permit application was denied. The application was subsequently withdrawn. 9. In February of 2001, the County (through its consultant engineer) again submitted a Street Encroachment Permit Application to the City for the construction of the Project. In a February 23, 2001, letter from the Director, the Street Encroachment Permit Application was again denied. 10 Attached as Exhibit 1, is a letter (3/19/01) from Butch Britt, Deputy Director of Public Works for the County, appealing the Director's decision to the City Council. nTgrTT.4gTnN A. Reason for Denial The Director denied the application pursuant to Section 12.04.940, finding that it was not in the best interest of the general public to issue a permit for the Project. That finding was based upon the numerous issues which have been brought to the attention of the County, and which have not yet been addressed to the satisfaction of the City. B. Scope of Project The County's Project proposes to construct certain modifications to the intersection of Tierra Rejada Road and Miller Parkway, generally summarized as follows: modifications to the traffic signal; MpkRd Realign2 0 Moorpark Road Realignment March 26, 2001 Page 3 • the addition of a right -turn lane for eastbound traffic approaching the intersection; • the addition of a double -left turn lane for west -to -south left -turn traffic; and • the widening of the south side of Tierra Rejada Road east of the intersection required to accommodate the added double left -turn lanes (west -to- south). C. Matters Not Addressed The Project does not include improvements to address the following concerns: • the installation of a free right turn lane for southbound traffic; • the installation of a double left -turn lane for south -to -east left -turn traffic; and; • the closure of the median and removal of the traffic signal at the current intersection of Moorpark Road and Tierra Rejada Road. D. Roadway Alignment The Project also does not address concerns previously expressed by the City regarding keeping the intersection of Moorpark Road and Tierra Rejada Road at it present location. E. Technical Problems The appeal letter (Exhibit 1) quotes the Director as stating that there were no engineering or technical problems with the permit application. In the telephone conversations between the Director and Mr. Britt, the Director failed to advise Mr. Britt of the Project deficiencies set forth in Section C of this report. However, it should be pointed out that those deficiencies were not the basis of the denial, but rather the traffic impacts posed by the Project which have been previously expressed to the County. F. Other Matters In a recent meeting with the County, certain elements of the proposed Project were discussed. In the attached letter from Mr. Britt attached as Exhibit 3, there is a discussion of certain of those Project elements, Including: 1. the closure of the median at the current Moorpark Road intersection; and 2. other access to the agricultural properties south of Tierra Rejada Road. MpkRd Real ign2 . () Moorpark Road Realignment March 26, 2001 Page 4 G. Miller Parkway Intersection: North Leg As stated above, the Project proposes no changes to the north leg of the intersection of Tierra Rejada Road and Miller Parkway. As expressed in Section C above, it is the view of staff that the Level of Service (LOS) for the intersection would be much improved if there were four southbound lanes: • a through lane; • a right -turn lane; and two left -turn lanes. Attached as Exhibit 4 is a diagram showing the existing cross section for the north leg of this intersection, and a cross section showing the added southbound lanes. As shown by this diagram, modifications to the north leg of the intersection to provide for these additional lanes could be constructed within the existing street right -of -way. This draft plan accomplishes that objective by moving the sidewalks to the right -of -way line (reduced from 8' wide to 7' wide) and reducing the twelve feet wide parkway to ten feet (101) wide. H. Summary / Conditions It is the recommendation of staff that the appeal be denied. However, should the City Council decide to approve the Street Encroachment Permit, it is recommended that the following conditions be added: 1. That County convey all additional street right -of -way on the south side of the street to the City and that that the County take steps to have said areas annexed to the City. 2. That a Maintenance Agreement be executed between City and County providing for County payment of 25% of future City traffic maintenance and energy costs. 3. That the Project include the construction of a raised center median on Tierra Rejada Road through the intersection of [Old] Moorpark Road. 4. That the Project include the removal of the existing temporary traffic signal at the intersection of Tierra Rejada Road and [Old] Moorpark Road. 5. That all surplus equipment and materials from the removal of that temporary traffic signal be become the property of the County, except that the County shall pay the City an amount equal to the cost of the traffic signal controller, as provided for in Agreement No. 96 -7 [County Agreement No. 96- 5] . 6. That the Project include the construction of modifications to the north leg of the intersection to provide for four southbound lanes as described in Exhibit 4. MpkRd Realign2 I J Ili. Moorpark Road Realignment March 26, 2001 Page 5 STAFF RECOMMENDATION Deny the appeal. Attachments: Exhibit 1: Appeal letter Exhibit 2: Diagram of Alternative Roadway Alignments Exhibit 3: Letter from County: Supplemental Information Exhibit 4: Cross Section of the North Leg of the Intersection MpkRd Realign2 0 00 �_A . lViA A- PUBLIC WORKS AGENCY 0 N.9 R of Director Ronald C. Coons i March 19, 2001 Moorpark City Council c/o City Clerk, City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Deputy Directors of Public Works Wm. Butch Britt Transportat or. John C. Crowley RECEIVED Water Resources & Engineering Kay Martin Sold Waste Management MAR 19 2001 Jeff Pratt Flood Control CITY CLERK'S DEPARTMENT Paul W. Ruffin CITY OF MOORPARK Central Services SUBJECT: APPEAL OF DENIAL - APPLICATION FOR ENCROACHMENT PERMIT MOORPARK ROAD REALIGNMENT, PROJECT NO. 50221 Dear City Council: This is an appeal of the February 23, 2001, denial by Kenneth Gilbert, Director of Public Works, City of Moorpark, of the County of Ventura's (County) application for an encroachment permit to construct improvements at the intersection of Tierra Rejada Road and Miller Drive. The encroachments which are part of the County's Moorpark Road Realignment Project are necessary to modify the intersection of realigned Moorpark Road and Tierra Rejada Road. They include: 1. Modifications to the traffic signal. 2. A right -turn pocket (lane) for eastbound traffic from Tierra Rejada Road onto southbound Moorpark Road. 3. A dual left -turn pocket (lane) from Tierra Rejada Road onto southbound Moorpark Road. 4. Widening of the southerly edge of pavement along Tierra Rejada Road to accommodate the dual left turn pocket. As set forth in my March 1, 2001 letter, a copy of which accompanies this appeal, the denial of the County's application on the ground that the encroachment permit was not in the public interest was solely based on the fact that the Moorpark City Council had opposed the project. The Moorpark Director of Public Works informed the County that there was no engineering or technical problem with the permit application. The County appeals the denial of the application for an encroachment permit on the following grounds: Representing Ex- officio: Ventura County Flood Control District • Ventura County Waterworks Districts No. 1,16,17, and 19 • Lake Sherwood Community Services District Ahmanson Ranch Community Services District • Fox Canyon Groundwater Management Agency • AB939 Local Task Force • Recycling Market Development Zone ® 800 South Victoria Avenue • Ventura, CA 93009 - 1600.805/654 -2018 • Fax: 805/654 -3952 �a r\ Pl,ti Az1_rf Moorpark City Council March 19, 2001 Page 2 The City of Moorpark (City) is prohibited from using its encroachment permit process for a purpose which is unrelated to and beyond the scope of the City's power to regulate encroachments in the City's streets. The City is not permitted to usurp the power vested exclusively in the County to determine the location of Moorpark Road in its Moorpark Road Realignment Project. (West Bay Sanitary Dist. v. City of East Palo Alto (1987) 191 Cal.App.3d 1507, 1511.) The denial of the County's application was improper because the denial was not for the purpose of regulating encroachments in the City's streets but was, instead, for the purpose of preventing building of the Moorpark Road Realignment Project in the location chosen by the County. 2. The City may not infringe on the rights of citizens of the County to travel from one community to another over publicly owned and controlled streets and highways. The state has preempted the field of traffic control and, unless expressly provided by the Legislature, a city has no authority over traffic control. (City of Hawaiian Gardens v. City of Long Beach (1988) 61 Cal.AppAth 1100, 1106 -1112; City of Poway v. City of San Diego (1991) 229 Cal.App.3d 847, 864 -867; Rumford v. City of Berkeley (1982) 31 Cal.3d 545, 553). The denial of the County's application was improper because the purpose was to prevent completion of the Moorpark Road Realignment Project at its terminus with Tierra Rejada Road to prevent traffic from entering on or across Tierra Rejada Road at that location. 3. a) The issuance of an encroachment permit is ministerial because it does not have the hallmark of the adjudicative process required for discretionary projects. If an applicant has complied with the unambiguous requirements of the process and any applicable ordinances, a city is compelled to perform a ministerial function, i.e., to allow the permit to issue. (Langsam v. City of Sausalito (1987) 190 Cal.App.3d 871, 879 -880.) The County has complied with all requirements of the City's ordinance and the City is required to allow the permit to issue. b) Even if the encroachment permit is a discretionary permit, the City's Director of Public Works abused his discretion by failing to issue the permit. There were no engineering or technical problems with the application. Objections to the County's Moorpark Road Realignment Project are not a proper basis for exercising discretion to deny the encroachment permit. Objections by the City to the Moorpark Road Realignment Project were made during the California Environmental Quality Act (CEQA) review of the County's Environmental Impact Report (EIR) for the project. By definition, a project includes activities involving the issuance of a "... permit, license, certificate, or other entitlement for use by one or more public agencies." (Pub. Resources Code, § 21065, subd. (c).) The term "project" does not refer to each of several approvals sequentially issued by different governmental agencies. (Committee for a Progressive Gilroy v. State Water Resources Control Bd. (1987) 192 Cal.App.3d 847, 863.) The County's EIR has long been final and cannot be challenged. The CEQA actions of the County are conclusive as to the City. (Ibid.) The City cannot now use the objections it propounded during the County's CEQA 1106 1 Moorpark City Council March 19, 2001 Page 3 process to deny an encroachment permit for work that is a part of the project. The City cannot use its encroachment permit process for a purpose unrelated to and beyond its power to regulate encroachments in the City's streets. (West Bay Sanitary Dist. v. City of East Palo Alto, supra, 191 Cal.App.3d at p. 1511.) The County complied with all requirements of the City's ordinance and denial of an encroachment permit was an abuse of the discretion, if any, possessed by tie City's Director of Public Works. As required by Moorpark Municipal Code section 12.04.940, enclosed is a copy of the application filed with the Moorpark Director of Public Works and other items that have been filed or are pertinent to this application. Very truly yours, Wm. Butch Britt Deputy Director of Public Works Transportation Department = WBB.539:sa Enclosures L, V (1R 0 li --i MOORPARK f 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 February 23, 2001 Butch Britt Deputy Director of Public Works Transportation Department ^� Public Works Agency County of Ventura 800 S. Victoria Avenue Ventura, CA 93009 -1600 i Re: Moorpark Road Realignnient Project Dear Mr. Britt: 0 This is in response to the February 6, 2001, letter from Mark Garcia of Willdan Associates, regarding the subject project. That letter submitted to the City, on behalf of the County of Ventura, an Encroachment Permit Application for the modification of certain City streets required to accommodate the subject project. This will serve to deny that application pursuant to Section 12.04 -280A of the Moorpark Municipal Code. Be advised that, pursuant to MMC Section 12.04940, you may appeal this decision to the City Council within thirty (30) days of the date of this letter. Si cerel , Kenneth C. Gilbert Director of Public Works cc: The Honorable City Council Steven Kueny, City Manager Ron Coons, Director of Public Works, County of Ventura Mark Garcia, Willdan Associates RECEIVED FEB 2 6 2001 V J -JdA - t'ransuortation MpkRd2yen PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MIU HOUSE JOHN E- WOZNIAK Mayor Mayor Pro Tem Counalrnember Councilman ber Caimlm"rhpx Q_ PUBLIC WORKS AGENCY county of ventura Ronald C. Coons y R Deputy Dirwors of Public Works Wm. Butch Britt Transportation March 1, 2001 John a Crowley Water Resources & Engineering Kay Martin Solid Waste Management Jeff Pratt Flood Control Ken Gilbert, Director of Pulilic Works Paul W. Ruffin CITY OF MOORPARK Central Sermes 799 Moorpark Road Moorpark, CA 93021 SUBJECT: 40ORPARK ROAD REALIGNMENT, PROJECT NO. 50221 ENCROACHMENT PERMIT APPLICATION Dear Mr. Gilbert: Your letter of February 23, 2001 denied our application for an encroachment permit to make modifications to the intersection of Tierra Rejada Road and Miller Drive. Your letter stated that your denial was pursuant to Section 12.04 -280A of the Moorpark Municipal Code. This section reads: "The commissioner may refuse to issue a permit under the following conditions: A. When he finds that it is not in the best interest of the general public to do so:..." Our February 6, 2001 permit application included the following: 1. Intersection signal modifications. 2. Eastbound right -turn pocket from Tierra Rejada Road onto southbound Moorpark Road 3. Westbound dual left -turn pocket from Tierra Rejada Road onto southbound Moorpark Road. 4. Pavement widening of the southerly edge of pavement along Tierra Rejada Road to accommodate the median duaileft -turn channelization. Your letter did not set forth any rationale for denying this encroachment permit application as "not in the best interest of the general public to do so." Accordingly, I spoke to you by phone on February 27, 2001. I asked if a meeting between yourself and me would help to resolve any concerns that you might have. You advised me that the denial of the permit was above your head, and that you felt that you had no choice but to deny an encroachment permit related to a project that the Moorpark City Council has gone on record as opposing. You had previously stated in your letter of September 21, 2000 that "[a]ny application which proposes the relocation of Moorpark Road and Tierra Rejada Road, received prior to an action by the Moorpark City Council withdrawing its objection to such relocation, will also be denied." You further advised me that you had no engineering or technical problem with the permit application. GIG � tf-oil Representing Ex- officio: Ventura County Flood Control District -Ventura County Waterworks Districts No. 1, 16,17, and 19 • lake Sherwood Cornmunity Services District ® Ahmanson Ranch Community Services District • Fox Canyon Groundwater Management Agency • AB939 Local Task Force • liecycling Market Development Zone 800 South Victoria Avenue • Ventura, CA 93009 - 1600.805/654 -2018 -Fax: 8051654 -3952 Ken Gilbert, Director of Public Works ,,,-March 1, 2001 Page 2 From your letters of September 21, 2000 and February 23, 2001 and our telephone conversation, it is my understanding that the sole basis for your finding that this encroachment permit is not in the best interest of the general public is that the Moorpark City Council opposes the project. Mr. Coons and Mr. Kueny plan to meet on this issue March 15, 2001. If they are not able to resolve the issue, I anticipate appealing your decision to deny the encroachment permit application. In my appeal, I will contend that opposition to the County's project, is not a legitimate ground for denial of an encroachment permit. Please advise me, if I have mischaracterized or misunderstood your statements mentioned above. Very truly yours, Wm. Butch Britt Deputy Director of Public Works Transportation Department WBB.531:sa MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (845) 529 -6864 September 21, 2000 Butch Britt, Deputy Director of Public Works Transportation Departrgent Public Works Agency County of Ventura 800 S. Victoria-Avenue Ventura, CA 93009 -1600 Re: Moorpark Road Realignment Project Dear Mr. Britt: This is in response to your letter of September 15, 2000. Be advised that an application for an encroachment permit may not be withdrawn after it has been denied. The status of the your prior application thus remains unchanged -- denied. Also be advised that there is nothing preventing you from resubmitting that application, or some revised version of same, at any future date. I must point out, however, that any such application which proposes the relocation of the intersection of Moorpark Road and Tierra Rejada Road, received prior to an action by the Moorpark City Council withdrawing its objection to such relocation, will also be denied. As previously mentioned to you, the discussion of specific roadway modifications prior to the resolution of the differences between the City and the County on the proposed realignment, is inappropriate. Not withstanding the above, in response to your request for more specific design information from the Carlsberg Specific Plan regarding Miller Drive, I have enclosed a copy of the cross - section for this street from the specific plan, plus copies of excerpts from the improvement plans for Miller Drive. It should be noted that, in order to fully comply with those requirements (with regard to the widths of sidewalks, parkways, travel lanes and Bike Lane) the proposed addition of a second southbound left -turn lane would require the acquisition of additional right -of -way and the reconstruction of all affected street improvements so as to replicate hose requirements with the added lane. Sin y Kenneth C. Gi ert Director of Public Works (r 0 �. cc: Steven Kueny, City Manager Ron Coons, Director of Public Works, County of Ventura W 4h, SEP 2 5 2000 MpkRd4 yen PATRICK HUNTER JOHN E. WOZNIAK CHRISTOPHER EVANS CLINT HARPER DEBBIE RODGERS Mayor Mayor Pro Tern Councilmember Councilmember ^ N4Y WILLD /. I Serving Public Agencies February 6, 2001 Ken Gilbert, Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Encroachment Permit Moorpark Road Realignment Dear Mr. Gilbert, 3 74 PON Street. Suite 101 Ventura. Calitornia 93001 805i653-6597 fax 805/643 -0791 %— vw.wilHan.com On behalf of I the County of Ventura Public Works Agency, Willdan is submitting an Encroachment Permit application for modifications to Miller Drive and Tierra Rejada Road to accommodate the Moorpark Road Realignment. The limits of work are 300 feet west to 700 feet east of Miller Drive. The modifications to Miller Drive and Tierra Rejada Road will include the following: 1. Intersection signal modification. 2. Eastbound right -turn pocket from Tierra Rejada Road onto southbound Moorpark Road. 3. Westbound dual left -turn pocket from Tierra Rejada Road onto southbound Moorpark Road. 4. Pavement widening of the southerly edge of pavement along Tierra Rejada Road to accommodate the median dual left-turn channelization. have enclosed an Encroachment Permit application and three copies of the plans for your review and approval. Feel free to contact John Knipe, or me at (805) 653 -6597, with any questions or concerns regarding the proposed improvements. Sincerely, Mark Garcia Senior Design Engineer cc: Chris Hooke, County of Ventura Gary Newton, County of Ventura John Knipe, Willdan MGJmb 1083713001 01 mrrp0060 S�'f, T. () -1 CFrjv FE8 � � Zp41 -�,aN � ;�tansNo�aCtor� CX7'Y OF MOORPARK DEPARTM[NT 01 7DpM40110"Jk ttKA L1� ° PUBLIC WORKS MOORPARK. CA 00022 Mom 529 -6664 No. ENCROACHMENT PERMIT Dace February 6, 2001 The undersigned hereby applies for'bermission to encroa6 on the following described City Right or Way or other property: 1. Roadway modifications along Tierra Rejada Road 300 feet west to 700 feet east of Miller Road. 2. Signal modifications at the intersection of Miller Drive and Tierra Rejada Road. Putrpotw: I he County of Ventura Public Works Agency is proposing to realign existing Moorpark 1 0t' """"''°1 Road to align with the Miller Drive and Tierra Rejada Road intersection. This realignment of Moorpark Road will create a fourth leg at this intersection. Start Date: June 1, 2001 Duration: Work to be done by. County of Ventura June 1, 2002 I understand that any permit that may be granted as a result of this request may be revoked by City at any time. In consideration for issuance of this ,permit, I agree, and by use hereof. my agents, employees, contractors and tnvrcees agree to be bound by ail of the provisions of California Vehicle Code Sections 35780. 35782, Division 12 of the City of Moorpark Ordiriance Code, the Standard Conditions on the reverse side of this permit and any special conditions hereon, or attached hereto. I further agree to hold the City harmless from any claims, defense and legal costs, judgements for damages. or other relief against the City as a result of Kts. or omissions, by me or my representatives. in the performance of anv activities Permitted hereunder, whether the condition giving rise to the claim or judgement was created in whole, or in part. by me or my representatives. County of Ventura Public Works Agency 800 South Victoria Avenue Applicanc: Address: NVMGQ11 w.w0 s'r rlitT By. Chris Hnnkp Prineinnl FnginPPr Ventura. CA 93009 phone: $Q5 /654-2048 CJTY AAO ZIP COOK Permission is hereby granted to perform the activities described above subject to the stltutes, ordinances and conditions described above. Special Conditions hereon and attached hereto are made a part hereof by reference. Special Conditions C3 are C] are not atuched. The permission is granted from to City Es4000it s Ctfk* By: Speciat Conditions: Date: lora.a4ft FM: Trost FwA Deposit: Conrwcslon Ineoeauon: /onwit Fr: Load: Inspection FN: Cartilkim of Inwr.: TOTAL: Franchise: �:: i 011 N;�U WILLD /. J Serving Public Agencies j. February 6, 2001 374 Poli street. Suite 101 Ventura. California 93001 805i6534)597 f, z 805/643.0791 www.willdan.com J Ken Gilbert, Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Encroachment Permit Moorpark Road Realignment Dear Mr. Gilbert, On behalf of 0,the County of ,Ventura Public Works Agency, Willdan is submitting an Encroachment Permit application for modifications to Miller Drive and Tierra Rejada Road to accommodate the Moorpark Road Realignment. The limits of work are 300 feet west to 700 feet east of Miller Drive. The modifications to Miller Drive and Tierra Rejada Road will include the following: 1. Intersection signal modification. 2. Eastbound right -turn pocket from Tierra Rejada Road onto southbound Moorpark Road. 3. Westbound dual left -tum pocket from Tierra Rejada Road onto southbound Moorpark Road. 4. Pavement widening of the southerly edge of pavement along Tierra Rejada Road to accommodate the median dual left -tum channelization. I have enclosed an Encroachment Permit application and three copies of the plans for your review and approval. Feel free to contact John Knipe, or me at (805) 653 -6597, with any questions or concerns regarding the proposed improvements. Sincerely, Mark Garcia Senior Design Engineer cc: Chris Hooke, County of Ventura Gary Newton, County of Ventura John Knipe, Willdan MG/mb 10837/3001 01 mrrp0060 n C C IF, I V TJ - BZW 0 0 1.�F Fie nation CITY of MOORP -ARK 7110 iHOOESPARK A � M00 PATM. CA tiiM21 aglow 152Q t-e �4 OCIPARTM[NT Of PUBLIC WORKS No. ENCROACHMENT PERMIT Dace February 6, 2001 The undersigned hereby applies forlpermission to encroach on the following described City Right or Way oe other property: I. Roadway modifications along Tierra Rejada Road 300 feet west to 700 feet east of Miller Road. 2. Signal modifications at the intersection of Miller Drive and Tierra Rejada Road. ���, The #bounty of Ventura Public Works Agency is proposing to realign existing Moorpark (01.4m aetNA041 Road to align with the Miller Drive and Tierra Rejada Road intersection. This realignment of Moorpark Road will create a fourth leg at this intersection. Stan pate: June 1, 2001 Duration: June 1, 2002 Work to be done by: County of Ventura I understand that any permit that may be granted as a result of this request may be revoked by City at any time. in consideration for issuance of this permilt, I agree, and by use hereof. my agents, employees, contractors and Invitees agree to be bound by ail of the provisions of California Vehicle Code Sections 35780. 3SM. Division 12 of the City of Mooroark Ordinance Code, the Standard Conditions on the reverse side of this permit and any special conditions hereon, or attached hereto. I further agree to hold the City harmless from any claims, defense and legal costs, judgements for damages. or other relief against the City as a result of acts. or omissions, by me or my representatives. in the performance of any activities permitted hereunder, whether the condition giving rise to the claim or judgertunt was created in whole. or in pan. by me or my representatives. County of Ventura Public Works Agency 800 South Victoria Avenue Applicant: Address: r.u.+sEw .No aT1,116e7 By. Chris Hnnkp Prinrinsl FnninPPr Ventura. CA 93009 Phone: BQ5/654-204-$ CITY AMO 211 COGS Permission is hereby granted to perform ghe activitics described above. subject to the statutes, ordinances and conditions described above. Special Conditions hereon and attached hereto are made a part hereof by reference. Special Conditions Q are O are not attUched. The permission is granted from to City Englneog's Cffks By ispacwt conditions: taweass Fee: Permit Fee- Inspection Fes. TOTAL: Trwo Fund Deposit: Load: CArtifksta of Inwr.: Frenchire Date: cor FuuCliow tnspe"Poo; WILLD /. Serving Public Agencies February 6, 2001 Ken Gilbert, Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Encroachment Permit Moorpark Road Realignment Dear Mr. Gilbert, 174 Poli Street. Suite 101 Ventura. Giliiornia 93001 803i653 -6597 fax 805/643 -0791 WW1v.wlllCian.com On behalf of' the County of Ventura Public Works Agency, Wilidan is submitting an Encroachment Permit application for modifications to Miller Drive and Tierra Rejada Road to accommodate the Moorpark Road Realignment. The limits of work are 300 feet west to 700 feet east of Miller Drive. The modifications to Miller Drive and Tierra Rejada Road will include the following: 1. Intersection signal modification. 2. Eastbound right -tum pocket from Tierra Rejada Road onto southbound Moorpark Road. 3. Westbound dual left -turn pocket from Tierra Rejada Road onto southbound Moorpark Road. 4. Pavement widening of the southerly edge of pavement along Tierra Rejada Road to accommodate the median dual left -tum channelization. I have enclosed an Encroachment Permit application and three copies of the plans for your review and approval. Feel free to contact John Knipe, or me at (805) 653 -6597, with any questions or concerns regarding the proposed improvements. Sincerely, Mark Garcia Senior Design Engineer cc: Chris Hooke, County of Ventura Gary Newton, County of Ventura John Knipe, Willdan MG/Mb 10837/3001 01 mrrp0060 V CF� E -yJ sa - t'rat�sE�° CITY OF j MO0RPARK TSQ MOOKPAiRK AVT14UZ N%OafW.k1M. CA DW 211 CCPARTMKNT of PUSLtC WORKS No. ENCROACHMENT PERMIT Date February 6, 2001 The undersigned hereby applies for permission to encroach on the following described City Right or Way or other property: 1. Roadway modifications along Tierra Rejada Road 300 feet west to 700 feet east of Miller Road. 2. Signal modifications at the intersection of Miller Drive and Tierra Rejada Road. Purpo": The County of Ventura,Public Works Agency is proposing to realign existing Moorpark Road to align with the Miller Drive and Tierra Rejada Road intersection. This realignment of Moorpark Road will create a fourth leg at this intersection. Stan pate: June 1, 2001 Duration: June 1, 2002 Work to be done by. County of Ventura I understand that any permit that may be granted as a result of this request may be revoked by City at any time, In consideration for issuance of this permlt. I agree, and by use hereof. my agents. employees, contractors and invitees agree to be bound by ail of the provisions of California Vehicle Code Sections 35780, 35782. Division 12 of the City of Moorpark Ordinance Code, tho Standard Conditions on the reverse side of this permit and any special conditions hereon, or attached hereto. I further agree to hold the City harmless from any claims, defense and legal costs, judgements for damages. or other relict against the City as a result of acts, or omissions, by me or my representatives. in the performance of any activities permitted hereunder, whether the condition giving rise to the Claim or judgement was created in whole, or in pan. by me or my representatives. County of Ventura Public Works Agency 800 South Victoria Avenue Applicant: Address: wu.reE01 . «o srwstT By: rhri Hnnkp„ Princii�nl F_nginpar Ventura. CA 93009 Fhone:8Q5 /654 -2048 CITY AMC 21• COCG Permission is hereby granted to perform the activities desuibed above. subject to the statutes, ordinances and conditions described above. Special Conditions hereon and attached hereto are made a part hereof by reference. Special Conditions (.:] are O are not attached. The permission is granted from to Cny Ef4o"i's Of tae 8y: SpsdN Conditions: to Oef"" Fee: _ Permit Fr: Inspection Fee. TOTAL: Twat Fend Deposit: ttlond: Cartiflcets of Inwr.: Flonchise: Date: Conrvuction Inspeatme; tA /* 0 c. ��. PUBLIC WORKS AGENCY Director count y of ventura Ronald C. Coons Deputy Directors of Public Works Wm. Butch Britt Transportation John C. Crowley March 16, 2001 Water Resources a Engineering Mt�� ^ a M Kay Martin �'�`� �i Sold Waste Management 109 41 T V � Jeff Pratt Flood Control Ken Gilbert l� Q�1"1 Paul W. Ruffin Director of Public Works Central5ervices (33AI3338 CITY OF MOORPARK 799 Moorpark Road Moorpark, CA 93021 SUBJECT: MOORPARK ROAD REALIGNMENT PROJECT NO. 50221 Dear Mr. Gilbert: Mr. Coons asked that I respond to you about two issues that were raised at the meeting between you, he and Mr. Kueny on March 15, 2001. The project does not include a raised median at the existing intersection of Moorpark Road and Tierra Rejada Road, nor does it include provision to remove the temporary traffic signal at the intersection. This intersection is not impacted by the project. Further, the raised median would be within the jurisdiction of the City of Moorpark and the City may make whatever changes it desires to make. See response to comment #4, City of Moorpark letter dated June 4, 1998, Final Environmental Impact Report (FEIR) dated May 1999 (excerpt from FEIR attached). Notwithstanding should the City desire to make specific alterations at this intersection, we would be willing to consider making such alterations and share in the cost of such improvements under the terms of our existing cooperative agreement for this signal (Cooperative Agreement No. 96 -05). 2. Several steps have been taken in the project plans to minimize impact to the Boskovich Farms. The project plans include an oversized culvert similar to the attached photo so that traffic on the road should be minimal, as explained in the FEIR, Page 5.2.6 (extract attached). We have also agreed with Mr. Boskovich to make provisions for piping existing irrigation water from the existing well to the opposite side of the realigned road, including a remote stop /start switch on the opposite side of the realigned roadway. Right of way acquisition is ongoing, but impact on farm operations as a result of this project is anticipated to be minimal. Representing Ex- officio: Ventura County Flood Control District -Ventura County Waterworks Districts No. 1, 16,17, and 19 • Lake Sherwood Community Services District ® Ahmanson Ranch Community Services District • Fox Canyon Groundwater Management Agency • AB939 Local Task Force • Recycling Market Development Zone ; 800 South Victoria Avenue • Ventura, CA 93009 - 1600.805/654 -2018 • Fax: 805/654 -3952 Ken Gilbert March 16, 2001 Page 2 If you have questions, please call me at (805) 654 -2077. Very truly yours, W 6Butch Britt Deputy Director of Public Works Transportation Department W 86.543:sa Enclosures Ronald C. Coons County of Ventura Public Works Agency, Transportation Department Moorpark Road Realignment Project 11.0 Response to Comments Commentor: City of Moorpark, Office of the Mayor Date: June 4, 1998 Response: 1. The proposed project could be viewed as potentially growth inducing by providing improved access to a rural residential area to the west (Lexington Hills) and an agricultural area to the east (Tierra Rejada Valley). However, home sites and access roads have already been established in Lexington Hills, such that the project would not induce growth in this area. Tierra Rejada Valley is subject to a Greenbelt Agreement between the County and the cities of Moorpark, Simi Valley and Thousand Oaks, and is zoned agricultural exclusive. Therefore, improving access to the western portion of Tierra Rejada Valley is not expected to induce residential development and associated population growth. In any event, access to the western portion of the valley is already available from existing Moorpark Road and from Tierra Rejada Road. 2. The traffic study prepared for the project and confirmed by the City's Traffic Model determined that an acceptable level of service (LOS C) can be maintained without dedicated northbound and southbound through lanes. 3. The indirect effect of changes in regional circulation patterns associated with the preferred alignment is discussed on page 5.6 -14 of the Draft EIR. The City's own Traffic Model does not predict a substantial increase in traffic volumes on Spring Road into downtown, resulting from the preferred alignment. 4. Tierra Rejada Road is located within the City; therefore, the City has the option to add a raised median to the existing Moorpark Road /Terra Rejada intersection. However, this measure is not needed to maintain intersection capacity or improve traffic safety. County of Ventura Public Works Agency, Transportation Department Moorpark Road Realignment Project 5.2 Agricultural Resources Loss of agricultural soils on the project site is considered a significant cumulative impact if any of the following thresholds are equaled or exceeded. Prime /Statewide 2 acres Unique 5 acres 5.2.3.2 Project - Specific Impacts The proposed roadway (including cut and fill slopes) would displace about 1.5 acres of prime farmland and about 14.9 acres of locally important farmlands. About 750 feet of the central portion of the proposed alignment and about 1,050 feet of the portion near Knoll A would cross farmlands in production. However, for the purpose of obtaining fill material, Knoll A would be entirely or partially leveled, increasing the area available for cultivation by about 10 acres. The project - related loss of agricultural soils is less than the County's threshold; therefore, impacts are considered less than significant. The proposed alignment would reduce access to farmland to the west, along the western boundary of Boskovich Farms. However, access under the roadway would be available in the form of the wide, tall culvert provided for Arroyo Santa Rosa. Therefore, this area could still be cultivated and no indirect loss of farmland would occur. The proposed project is consistent with Policies 1.6.2.1 through 1.6.2.6 of the Ventura County General Plan in that: • The alignment has been located along the hills forming the western boundary of Tierra Rejada Valley to minimize the loss of farmland; • No LCA contracts would be affected; • Impacts to farmlands are mitigated to the extent feasible by leveling Knoll A to provide additional farmable land; • The project is not inconsistent with the Tierra Rejada Valley Greenbelt Agreement; and • The project would not conflict With agricultural use of adjacent lands. The land evaluation rating assigned by NRCS (45 points) was added to the site assessment rating (74 points) to determine the overall rating (119 points). Since the overall rating is less than 160 points, farmland conversion is not precluded by the FPPA. The FPPA rating form (AD -1006) is included as Appendix C. The reader should note that the farmland conversion areas listed on Form AD -1006 differ from that provided in this section. The source of these differences is primarily the fact that unirrigated "prime" farmland are considered "local importance" by the County. 5.2.4 Cumulative Impacts No other projects have been proposed of approved that would convert farmland in Tierra Rejada Valley. Based on the County's threshold for cumulative impacts, the project would have a less than significant impact. 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