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HomeMy WebLinkAboutAGENDA REPORT 2002 0821 CC REG ITEM 11LITEM 1 CTTV OF MOORPARK. CAtJFORNVFA City Council Meeting of g -a l -oa R_ MOORPARK CITY COUNCIL :4CTION:A �' j-�an��% -}�j ,re�C► ►-Yi �^c or oval AGENDA REPORT REPORT - I ►Ce,n5e- rn� L-J -st -fix, The Honorable City Council -3% FROM: Mary K. Lindley, Director of Community Services DATE: July 29, 2002 (CC Meeting of August 21, 2002) SUBJECT: Consider Rescinding Approval for Agreements with Southern California Edison Concerning the Unimproved Road at Arroyo Vista Community Park and Signs and Banners. DISCUSSION AVCP Road Lease Agreement On November 17, 1999, the City Council approved a license agreement with Southern California Edison for the use of the unimproved road at the east end of. Arroyo Vista Community Park. As the Council may recall, the road was primarily used by Edison's tenant, Performance Nursery, to travel between two portions of Edison owned property. Edison also used the road occasionally to service its utility lines. The purpose of the license agreement was to reduce the impact of the roads use by Performance Nursery on adjacent residents by restricting how and when the unimproved road could be used. The agreement also contained a license fee in an amount that had not been finalized. A license agreement was sent to Edison in January 2000 for signature. The City's attempts to get a signed license agreement were hampered by Edison's property division. In July 2000, Edison sent the City its own version of an agreement. Subsequently, Edison announced that it was planning to construct an unimproved maintenance road on its property. Once constructed, neither Edison nor Performance Nursery would need to use the City road in the future. At that Honorable City Council August 21, 2002 Page 2 time, Edison believed it would be able to complete the road by January 2001. Having been unsuccessful up to then to securing a signed agreement, in December 2000, staff was able to secure a payment from Edison in the amount of $14,000. Of that amount, $7,400 represented back payment for previous use of the road. The remaining $6,600 was for rent between November 1999 and October 2000. Edison did not complete its planned unimproved road construction as it had hoped, although each time they were approached on the subject they indicated that construction was imminent. Construction on the road began in May 2002 and it is anticipated that it will be completed by September 1, 2002. Therefore, staff believes any attempt to secure a signed license agreement with Edison will not be productive. Staff recommends that the Council rescind its November 17, 1999, approval. Signs and Banners License Agreement On April 5, 2000 the City Council approved a form of License Agreement with Southern California Edison Company for the placement of Signs and Banners on Ornamental Street Light Poles. This action was taken in response to a request from the Moorpark Chamber of Commerce for a Banner Program. Council's approval was subject to final language approval by the City Manager and City Attorney. The License Agreement was not completed due to restrictions on such programs regarding revenues generated by the sponsorship of the banners. It is now appropriate to rescind the April 5, 2000 City Council Action. The matter can be placed before the City Council at a future date should the City desire to develop a banner or sign placement program. STAFF RECOW4ENDATION Rescind prior approval for the following agreements with Southern California Edison: November 17, 1999, Lease Agreement with Southern California Edison regarding the unimproved road at AVCP and April 5, 2000, License Agreement for placement of signs and banners on ornamental street lights. M: \MLindley \Administration \Edison license agreement ccagd.doc