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AGENDA REPORT 2005 0105 CC REG ITEM 09A
MOORPARK CITY COUNCIL AGENDA REPORT ITEM- q.A. CITY OF MOORPARK, CALIFORNIA City Council Meeting of 1- 5— 05 ACTION:A.pnfoye !Sto'4� rep- ammevd- iova c a Y% of &t C.t r1 atg -11 -No a_f it pro ndc.r?c ©n 212105 '� s o, oh send i 3em 301604 TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: December 14, 2004 (Meeting of January 5, 2005) SUBJECT: Consider Shadyridge /Home Acres Buffer Zone Vehicle Gate Procedures BACKGROUND At its meeting of March 17, 2004, the City Council selected two Council representatives, Mayor Patrick Hunter and Councilmember Clint Harper, to serve on the Community Park Joint Development Coordinating Committee (Coordinating Committee) of the Shadyridge Buffer Zone (Buffer Zone) and directed staff to facilitate a meeting of the Coordinating Committee. On September 22, 2004, the Coordinating Committee met to discuss the maintenance of the Buffer Zone and to receive comments from Moorpark residents who live in Mountain Meadows tracts adjacent to the Buffer Zone and residents who live in the County unincorporated area of Home Acres. Residents in the affected areas were notified about the date, time, and location of the meeting. The City and County entered into a Joint Powers Agreement (JPA) December 6, 1989, which formally established the Buffer Zone (Attachment A) . The JPA identifies the City as the administrator of the Agreement and the Assessment District, which funded the construction of the Buffer Zone and continues to fund ongoing maintenance. The Assessment District receives one -half of its funds from property owners in Belmont, Deauville, Verona, Tuscany, and Traditions, and one -half from property owners in Home Acres. This Assessment District is also referred to by the Honorable City Council January 5, 2005 Page 2 City as Landscape and Lighting Assessment District (AD 84- 2), Zone 8. The JPA calls for the formation of a Community Park Joint Development Coordinating Committee to meet as needed, but not less than once per year. The Committee is to be comprised of two City representatives selected by the City Council, the County Supervisor from the Fourth District or their representative, one member from the Homeowners Association from Mountain Meadows selected by the Association, and one member from the Home Acres Neighborhood Council selected by the Neighborhood Council. The Committee's function is to advise the City, County, the Association, and the Neighborhood Council on any matters associated with the funding, improvement, or maintenance of the Buffer Zone. DISCUSSION As stated previously, the Coordinating Committee met on September 22, 2004. At that time, the Committee was comprised of Mayor Hunter and Councilmember Harper, representing the City Council; Supervisor Judy Mikels, representing Ventura County, District 4; Tom Vachet, representing City of Moorpark residents in Zone 8; and John Weaver, representing the residents of Home Acres. Neither Supervisor Mikels nor Mr. Weaver was able to attend the meeting. The majority of the comments received by the Coordinating Committee, from the residents of Moorpark and Home Acres in attendance, concerned access through the Buffer Zone vehicle gates when travel on SR 118 between Hitch Road and Tierra Rejada Road is restricted. The City has a staff procedure (Attachment B) identifies the circumstances under which the Buffer Zone vehicle gates are to be opened to Home Acres vehicles. The procedure states that the vehicle gates will only be opened when vehicles trying to exit Home Acres cannot leave Hitch Road by making either a right or left turn at SR 118. In other words, residents of Home Acres have no way of exiting the area. In this instance, the Buffer Zone vehicle gates will be opened to Home Acres residents only. Additionally, the procedures state that fire and law enforcement personnel are authorized to open M: \MLindley \Landscp Zones \Shadyridge Buffer Zone \Buffer Zone Committee Report ccagda 1- 5- 05.doc Honorable City Council January 5, 2005 Page 3 the vehicle gates for evacuation of Home Acres residents in the event of an emergency (fire, earthquake, flood, etc). Most of the residents from Home Acres who spoke at the September 22 meeting of the Coordinating Committee stated that they would like the City to allow access through the Buffer Zone gates when travel between Hitch Road and Tierra Rejada Road is prevented due to a road closure, even if the SR 118 is open to westbound traffic towards Camarillo. Typically, this would allow those residents to use Grimes Canyon Road to reach the City of Moorpark. Many of the City residents who spoke stated that as long as SR 118 was open to westbound traffic they were opposed to opening the Buffer Zone vehicle gates. The primary reason for their opposition was safety concerns involving volumes of traffic driving through residential neighborhoods where children often play adjacent to the City streets. The Coordinating Committee did not recommend a change to the current staff procedure, which prevents vehicle access through the Buffer Zone as long as SR 118 is open for travel in one direction, either west towards Camarillo or east towards Tierra Rejada Road. The other significant issue that was discussed at the Coordinating Committee meeting was a procedure for assisting Moorpark Unified School District with its responsibility to transport Home Acres students home in the event there is a closure of SR 118 between Tierra Rejada Road and Grimes Canyon Road, preventing access to Hitch Road. The Coordinating Committee expressed a willingness to consider allowing school buses through the Buffer Zone vehicle gates to transport Home Acres students when such a closure occurs on SR 118. However, if access to Hitch Road via Grimes Canyon Road is open, the Coordinating Committee indicated that the school buses should take that route, in which case the City would not open the Buffer Zone vehicle gates. After receiving public comments, the Coordinating Committee stated that the current staff procedures should be formalized and that said procedures should be made available to the public on the City's website. The Committee also requested that City staff meet with Moorpark Unified School District (District) representatives to M: \MLindley \Landscp Zones \Shadyridge Buffer Zone \Buffer Zone Committee Report ccagda 1- 5- 05.doc ')000 0 Honorable City Council January 5, 2005 Page 4 discuss the issue of transporting Home Acres students home in the event that westbound travel on SR 118 is restricted. City staff met with District representatives (Superintendent Frank DePasquale, Larry Brown, and Jane Lavallee) on October 5, 2004. District staff agreed in the event of a closure on SR 118 between Tierra Rejada Road and Grimes Canyon, school buses would access Hitch Road via Championship Drive and Grimes Canyon Road when that route is available. In the event of a total closure, the District asked that the buses be allowed access through the Buffer Zone gates. In the event the City does not allow access through the Buffer Zone gates, the District indicated that it would walk students from Arroyo West School to the Shadyridge /Home Acres Buffer Zone to be met by parents. City staff suggested a temporary bus stop at Country Trail Road and Shadyridge Court when SR 118 is not accessible, but the District stated that it was not comfortable with that option. The Council's Buffer Zone Ad Hoc Committee (Mayor Hunter and Councilmember Harper) met on December 10, 2004, and confirmed its concurrence with the Coordinating Committee's recommendation to formalize a staff procedure for opening the Buffer Zone vehicle gates. Specifically, the Ad Hoc Committee recommended that staff create a Moorpark Administrative Procedure (MAP) to specify when the Buffer Zone vehicle gates will be opened to Home Acres vehicle traffic. Once completed, the MAP would be available to the public on the City's website. The Committee also agreed to recommend to the City Council that District school buses be allowed to drive through the Buffer Zone when SR 118 is closed between Tierra Rejada Road and Hitch Road and access via Grimes Canyon is not available. The Committee requested that City staff, and /or Moorpark police, be present whenever the vehicle gates are open to ensure that only the appropriate vehicles are allowed access. At the Council's direction, procedures addressing District school buses would also be included in the MAP. To ensure that interested residents of Moorpark and Home Acres were aware that this item would be on the Council's January 5, 2005, meeting, flyers were mailed out through U.S. Postal Service approximately two weeks before the meeting date. M: \MLindley \Landscp Zones \Shadyridge Buffer Zone \Buffer Zone Committee Report ccagda 1- 5- 05.doc Honorable City Council January 5, 2005 Page 5 STAFF RECOIOMNDATION Direct the City Manager to create a Shadyridge /Home Acres Buffer Zone Vehicle Gate Moorpark Administrative Procedure. Attachments: A - Buffer Zone JPA B - Buffer Zone Staff Procedures M: \MLindley \Landscp Zones \Shadyridge Buffer Zone \Buffer Zone Committee Report ccagda 1- 5- 05.doc ' JO905 ATTA C H M E N T A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA Providing for the Funding, Improvement and Maintenance of a Park /Buffer Zone between Tracts 4341, 4340 and 4342 of Mountain Meadows and the Unincorporated Community of Home Acres THIS AGREEMENT is made and-entered in the City of Moorpark on this day of by and between the City of Moorpark, a municipal corporation., hereinafter referred to as "City" and the County of Ventura, a political subdivision of the State of California, hereinafter referred to as "County ", W I T N E S S E T H: WHEREAS, each of the parties of this Agreement is a "public agency" as that term is defined in California ' Government Code, Section 6500; and WHEREAS, both City and County have the power, authority and expertise to regulate the use of land, in- cluding open space, by various controls such as planning, zoning, building, subdivision, and environmental regulations; and WHEREAS, both City and County pursuant to Title 1, Division 7, Chapter 12, of the California Government Code have the authority to maintain land areas for public use and enjoyment; and f)o0 x,3006 r.6�0 WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by Agreement, jointly exercise any power common to the contracting parties; and WHEREAS, Condition 17A of Tract 4341 of the Mountain Meadows development known as PC 832 stipulates that the developer shall offer for dedication to the City that area shown as lots 62 through 70 for the September 28, 1987 Vested Tentative Tract Map 4341 for the purpose of providing a park/ buffer zone between Tracts 4341, 4340 and 4342 and the community of Home Acres; and WHEREAS, City and County find and determine that it would be to their mutual advantage and the public benefit to coordinate their power, authority and expertise, and to cooperate in the funding, improvement, and maintenance of a park /buffer zone between Tracts 4341, 4340 and 4342 of Mountain Meadows and the unincorporated community of Home Acres, herein after referred to as the "Park "; and NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. TERM OF AGREEMENT. The term of this agreement shall be from the date this agreement is made and entered, as first written above, and shall continue in full force and effect until such time as both parties mutually consent to its termination_ 2. ADMINISTRATION a. The City shall administer the terms of this Agreement and the Assessment District and the costs thereof shall be included in the annual assessments. All contacts and daily affairs shall be delegated to and handled by the City Manager for the City. b. City and County shall, pursuant to the pro- visions of the Landscaping and Lighting Act of 1972 found at Streets and Highways Code Section 22500 et. seq., 22506 and Streets and Highways Code Section 5115 et. seq., initiate the formation of an Assessment District to provide for the funding, improvement and maintenance of the "Park ". Pursuant to condition 17A, Tract 4341, the assessments levied by said District shall be borne one half by the property owners of the unincorporated community of Home Acres and the other half by the property owners of Tracts 4341, 4340 and 4342. (See Exhibit A attached hereto.) The City, as the administrative agency of the Assessment District, shall not authorize the selling of bonds to finance improvements within the "Park ". Such improvements shall be financed solely through the accumulation of assessment funds over time. Moreover, the City, as the administrative agency of the Assessment District, shall not authorize any improvements within the "Park" which could increase the liability to the Assessment District, unless those improvements are approved by a four - fifths vote of the Community Park Joint Development Coordinating Committee, discussed below in parapgraph 2.c_" 1111)019 (J) B C. The parties shall form a Community Park ;Joint Development Coordinating Committee which shall consist of two representatives of the City of Moorpark selected by the Council, the County Supervisor from the Fourth District or his representative, and one member from the Homeowners Association for Mountain Meadows selected by the Association, and one member from the Home Acres Neighborhood Council selected by the Neighborhood Council. It shall be the function of this Committee to advise the City, the County, the Association and the Neighborhood Council (the four agencies) on any matters associated with the funding, improvement, or maintenance of the "Park" and to assist in the coordination of the efforts of the four agencies as they relate to the "Park ". The Committee shall meet on an as-needed basis but no less frequently than once per year and shall report to the four agencies on the status of the project, make appropriate recommendations relative to it, and submit requests for specific actions necessary to the project. In addition, the Committee shall accept for due consideration, recommendations from the four agencies as to how the "Park" should be developed. d. The County, as distinguished from the property owners within the unincorporated community cl Home Acres, shall not be responsible or liable for any of the costs of funding, improving or maintaining the "Park ", including the costs of compensation for damages to persons or property, injured cr damaged, as a result of some condition, act-:--n or non- action at the " :I r It ��� 309 3. AMENDMENTS. Any amendment, modification or variation from the terms of this agreement shall be in writing and shall be effective only upon approval by the Council of the City and the Board of Supervisors of the County. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. City of Moorpark Mayor �. I u y of Ventu L 4., h Chair, Board off Supervi ors 9 0 a r"1V ATTACH ICI E NT L MEMORANDUM COMMUNITY SERVICES DEPARTMENT TO: Community Services Department Staff FROM: Mary K. Lindley, Director of Community Services DATE: July 21, 2004 SUBJECT: Shadyridge Drive Buffer Zone Gates This memo will be reissued every summer to remind staff of our policy and procedures in place regarding the use of the Buffer Zone for emergency access. Any changes in the policy or procedures will be noted in legislative format. Please note that no changes were made to the current memo. Please ensure that any new employee is made aware of this policy. From time to time, accidents happen on SR 118 that requires it to be closed between State Route 34 (Lewis Road) in Somis and Tierra Rejada Road in Moorpark. As a result, the City is approached with requests to open the vehicle gates at the Shadyridge Drive Buffer Zone. The City's practice is to open the vehicle gates when the residents of Home Acres have no other way of entering or exiting from Hitch Road as a matter of safety. The practice is further explained as follows: If SR 118 or Hitch Road are completely closed in such a way that Home Acres residents are prevented from traveling east towards Moorpark and west on the SR 118 to Grimes Canyon or Lewis Road (SR 34), thereby, completely restricting their ability to leave or return to the Home Acres area, City staff (see authorization chain below) is authorized to open the gates to vehicle traffic, and /or to authorize the Moorpark police to do so. As soon as vehicle traffic access is restored on SR 118 or Hitch Road so that residents can enter and exit Home Acres via at least one route, the Buffer Zone vehicle gates will be closed to vehicle traffic. • If on the other hand, the closure of SR 118 only restricts Home Acres residents from traveling one direction (east to Moorpark or west to Grimes Canyon or Lewis Road), the Buffer Zone remains closed to vehicle traffic, since they still have the ability to exit and enter their neighborhood. • Note that often times the CHIP, while restricting general traffic between Lewis Road and Tierra Rejada Road, will allow residents who live in the area to come and go if SR 118 is passable. In this case, we would not open the Buffer Zone to vehicles. In the event the Buffer Zone is opened temporarily to vehicle traffic, staff will post signs indicating "slow speeds — 25 mile zone ". Two of these signs will be posted on both sides of Shadyridge Drive. Once the gates are locked, the speed signs will be taken down and a sign stating "Buffer Zone vehicle gates locked" will be placed at both corners of Mountain Trail Street and Shadyridge Drive until the following day when Park's staff will remove them. These signs are stored at the Parks /Public Works Yard. Fire and police personnel have the ability to open the gates for their own use; e.g., to respond to a fire and /or evacuate the Home Acres area. Emergency personnel have been instructed that their authority to open the gates is limited to this purpose. The decision to open the Buffer Zone 9009:11 to facilitate the movement of traffic in and out of Home Acres, as a result of a closure on Route 118, shall be made by the City with information about the status of vehicle access in and out of Home Acres provided by the CHP and /or Moorpark Police. If you receive such a request, please direct it to me. If I am not available, the request should be directed to the Assistant City Manager or City Manager. If an incident occurs after hours, on a weekend, or a holiday, the staff (part-time or full -time) on duty should be instructed to contact me, Allen Walter, John Hartnett, or John Brand. In the event that none of these individuals are available, they should call the Assistant City Manager (Hugh Riley), Public Works Director (Ken Gilbert), or the City Manager (Steve Kueny). Contact numbers for these individuals are provided on the Emergency Contact List. It is important that each of you keep a copy of this list at home. If at all possible, the decision to open the Buffer Zone vehicle gates should be made by one of the individuals identified in the preceding paragraph. If they are not available, follow the procedures in place for handling emergency situations, which delegates the decision to the highest level employee available or on site at the time. Additionally, please remember that the Buffer Zone pedestrian gates are opened and closed as follows: Gates Open Gates Closed Monday - Friday 6 a.m. (Dora Torres) 10:00 p.m. - 10:40 p.m. (Dial) Sat & Sun 6 a.m. (weekend staff person) 10:00 p.m. - 10:40 p.m. (Dial) The City has a contract with Dial Security to close and lock the Buffer Zone pedestrian gates between the hours of 10:00 p.m. and 10:40 p.m. seven days a week. The gates should never be closed prior to 10:00 p.m. If you are ever made aware that the gates have been locked prior to 10:00 p.m., call Dial Security at 485 -0528 and insist that they come back out and open the gates (if this takes place prior to 10:00 p.m.), or let your supervisor know ASAP. I will conduct the follow up with Dial. It's important that Allen or I are made aware of any such incidents so that we can take corrective action. Please let me know if you have any questions regarding the Buffer Zone. Share this information with any part-time staff in a position to work evenings and weekends. This memo supersedes any previous memo issued on this topic. cc: The Honorable City Council Steve Kueny, City Manager Hugh Riley, Assistant City Manager Ken Gilbert, Public Works Director Brad Miller, City Engineer Richard Diaz, Police Chief M: \MLINDLEY\ADMINISTRATION\BUFFZONE ILDOC '�0 01�