HomeMy WebLinkAboutAGENDA REPORT 1992 0325 CC SPC ITEM 08O • 04,ppoCq tO TEM O I
MOORPARK
sV y..� 799 Moorpark Avenue Moorpark, California 93021 (805) 529 6864
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TO: The Honorable City Council ll /
PROM: Steven Kueny, City Manager
DATE: March 16, 1992
SUBJECT: Consider Report on New City Responsibilities and
Mandates
Over the past approximately three years, numerous new
mandates have been imposed on the City by the Federal, State
and County governments, as well as other public agencies.
Some of the State mandates are implemented through the
County. In addition, on its own initiative, the City has
developed and implemented new services and programs to better
serve the community. Most of these new items resulted in
ongoing responsibilities and a commitment of staff time. In
some cases, such as the Americans with Disabilities Act
(ADA) , the full extent of required staff time is not known.
In other cases, it has helped to focus the staff's work
effort and assist in informing the public of available
services and other information. This includes regularly
scheduled meetings of City Council standing committees and
the initiation of the cable television government channel.
The intent of this report is to compile a listing of these
new activities and programs, since the collective impact is
not always easily observed. It is not an all-inclusive
listing. It is not the objective to demonstrate the effect
on staff time and direction but to show the number and
variety of items. The items are listed by major in-house
City Departments and are attached. Law Enforcement, City
Engineer and Building and Safety are included in the
Department with responsibility for control and administration
of that service.
Staff Recommendation 'PARK, CALIFORNIA
y Cou cil 411ng
Receive and file the report. 2 �1992-
,CTION:
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3161.tem by i#411064
PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed On Recycled Paper
The Honorable City Council
March 16, 1992
Page 2
City Manager's Office
FEDERAL
1. Americans with Disabilities:
The American with Disabilities Act (ADA) requires public
agencies to ensure that any individual with a disability
is treated equally without discrimination in regards to
employment and access to services (including transit) ,
facilities, and programs. The Assistant to the City
Manager has prepared and is implementing a paratransit
plan, which includes route and fare structures; a
review, eligibility and appeals process, and staffing a
Citizens' Paratransit Advisory Committee. The Assistant
to the City Manager also chairs an in-house ADA task
force which is evaluating the ADA requirements as they
relate to each City department and will be providing
recommendations to the City Manager. The next ADA
deadline that the City must comply with is to prepare a
self-evaluation of its facilities by July 26, 1992.
STATE
1. AB 939, Integrated Waste Management Act:
Requires jurisdictions to prepare and implement a
comprehensive plan that will accomplish waste reduction
goals of 25 percent by 1995 and 50 percent by the year
2000. The City will be required to develop, implement
and fund waste reduction programs that provide
recycling, source reduction, household hazardous waste,
composting and public education. To date Moorpark has
submitted its AB 939 Plan to the County and implemented
single and multi-family recycling programs. Staff is
currently evaluating funding and operational components
for commercial recycling, green waste collection,
composting and household hazardous waste collection.
2 . Countywide Waste Management:
Partly as a result of new State mandates and
legislation, jurisdictions in the county have been
working together to consolidate waste management
policies and efforts under one authority. To reach this
end, staff has participated and provided input at
several workshops and study sessions, addressing
Moorpark's concerns in regards to regional solid waste
management policies. The Assistant to the City Manager
The Honorable City Council
March 16, 1992
Page 3
and the Management Analyst also attend and participate
regularly in the Waste Commission meetings, the Waste
Commission's Technical Advisory Committee, the Waste
Commission's Processing Facilities Task Force, the East
County Wasteshed Task Force, the County Recycling
Consortium, and the Countywide Recycling and Source
Reduction Education Committee. Staff from the City
participate fully on these committees and task forces to
ensure that Moorpark's interests are well represented.
3. Commuter Rail:
The City is currently developing a commuter rail/Amtrak
station that will be a part of the regional Metro-rail
effort throughout five counties in Southern California.
This project includes station design and construction,
on-going environmental assessments and reports, ongoing
station maintenance, and evaluating alternative funding
sources. Staff meets and confers with various regional
public agencies and consultants on a regular basis.
COUNTY
1. Ventura County Transportation Commission:
City staff works closely with VCTC on a regular basis.
The Assistant to the City Manager attends and reports on
the monthly Commission meetings and is a member of the
Transit Advisory Committee (Transcom) . Through various
working groups, City staff participated in the
development and clean-up of the Congestion Management
Plan (CMP) and will now continue to monitor and provide
input to the annual updates. Mayor Paul Lawrason serves
as an alternate member of the Commission.
2 . Regional Governance (COG) :
With the passing of new legislation and recent mandates
that have regional impacts, the ten Ventura County
cities and the County are working together to create a
Regional Council of Governments. Although the Regional
Council 's structure and responsibilities are still being
formalized, it will have a specifically defined role in
regional issues. This has been an on-going effort over
the last six months. The Mayor and the Assistant to the
City Manager are participating in the COG steering
committee meetings and will continue to do so until the
Regional Council has been formed and is in place.
The Honorable City Council
March 16, 1992
Page 4
CITY
1. Day Laborer Task Force:
The Assistant to the City Manager provides staff support
to the Council 's Community Development Committee on the
issue of Day Laborers. The objective of this effort is
to assist with the resolution of the current day laborer
gathering situation. A task force comprised of
community members has been established to evaluate
various gathering site alternatives.
2 . Ad Hoc Committee on Gang Activity:
This Committee is tasked with the responsibility of
developing a recommendation for Council on a gang
diversion program. The Committee is evaluating the
programs and/or lack of programs available to youth in
Moorpark to determine the need for alternative
activities. Various scenarios are being developed to
pool the City's funds with those from the School
District and El Concilio to ensure the programs success
for multiple years.
3 . Citylink:
Citylink is a computer program which allows the City to
access Federal and State legislation for tracking
purposes, and to directly communicate with other cities
that may be working on similar issues. The City of
Moorpark regularly corresponds with other citylink
cities and weekly bulletins are distributed all
Department Heads.
4 . Property Management:
The City has an option agreement with the Ventura County
Transportation Commission for the purchase of property.
As a condition of the agreement, the City is responsible
for property management on approximately 231, 000 square
feet of non rail-related property. Property management
activities include maintaining and updating the leases,
re-negotiating the leases, collecting rents, filling
vacancies, and any necessary improvements. The City
recently obtained the services of Volk & Associates to
evaluate the lease agreements and rental rates.
5. Refuse Collection Franchises:
The Honorable City Council
March 16, 1992
Page 5
The City has three separate franchises related to refuse
collection services: 1) residential curbside collection
which includes recycling, 2) commercial collection
which includes multi-family recycling, and 3) temporary
commercial collection. The Assistant to the City
Manager has primary responsibility for administering the
franchises which involves a quarterly review of the
haulers costs, operations, and materials collected, as
well as conducting an annual rate review. In connection
with the franchises, staff works to resolve all
complaints received, coordinates and staffs the bi-
annual Clean-up Days and Christmas tree chipping event.
6. Goal Setting:
In the Spring/Summer of 1991, the City Council
considered goals and objectives for each department.
The City's mission statement and goals were approved in
May 1991. The objectives were considered during budget
discussions and formally approved by the Council in
September. The objectives support the goals, are
consistent with the Council 's budget decisions, and are
what staff works to achieve during the year.
Establishing goals and objectives is now an annual
process.
7. Council Committee Meetings:
The City Council has five Standing Committees - Budget
and Finance, Public Works and Facilities,
Transportation, Community Development, and Affordable
Housing. The first four now meet on a regularly
scheduled basis, and Affordable Housing as needed. The
Deputy City Manager, Public Works Director, and the
Assistant to the City Manager have primary staff
responsibility for the first three committees listed,
respectively, and the Director of Community Development
has responsibility for the remaining two committees.
This system has helped organize and manage the Council 's
Committee work and to foster timely submittal of items
to the full Council for consideration.
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The Honorable City Council
March 16, 1992
Page 8
conjunction with the other Ventura County cities
Moorpark is participating in a legal action to
invalidate the County's action to implement these fees
and the withholding of other City monies as a means of
impossing the fees.
SPECIAL DISTRICTS
1. Ventura County Air Pollution Control District - Rule 210
Order to Comply
Each employer must report their number of workers and
work sites to determine whether or not they are covered
under the clean air regulations. We are not presently
covered but still must file a report and we must monitor
our number of workers reporting to City Hall in the
event there are 50+ employees reporting at one work site
within the applicable times. Failure to comply can
result in a penalty of up to $25, 000 per day.
CITY
1. Cable TV Government Channel
The start up of a cable channel entails the programming
and scheduling of programming of the channel. Filming
arrangements, playback, equipment maintenance, and
contract administration of the service provider are
associated activities.
2 . Emergency Response Cost Recovery
Local governments are allowed to recover the cost of
certain types of emergency responses. The recovery of
the costs requires the reporting of the costs to the
city by the police department and the creation of an
accounts receivable. Then the city goes through a
collection process to recover the funds expended. Also
associated with this process is a control report to
monitor the effectiveness of the collection and this
information must be included in the annual financial
report.
3 . Mobile Home Park Rent Subsidy Program
The City has agreed to assist low income mobile home
park renters with their monthly rent through November of
1992. The income statements of the renters must be
reviewed each year and on a monthly basis support checks
The Honorable City Council
March 16, 1992
Page 9
have to be mailed to the eligible renters.
4 . Lifeline Devices Program
The City obtained lifeline devices with CDBG and City
funds. The service club that was contemplating
operating the program was not able to follow through.
The city is now controlling and implementing the program
with Simi Valley Adventist Hospital. This entails
determining need, issuing the device, and maintaining
control of the device so that it is returned in the
event it is no longer needed.
5. Maintenance Assessment District Rebate Program
The City Council established a program which allows low
income residents to receive a rebate on their
assessments. The income statements must be reviewed and
the assessment rebate recorded.
6. Membership in the Southern California Joint Powers
Insurance Authority (SCJPIA)
The SCJPIA is a self-insurance pool of member cities
which has the effect of greatly reducing the cost of the
member cities for conventional liability insurance
coverage. Since Moorpark joined the pool in 1989 the
cost of general liability insurance and auto liablity
insurance has been greatly reduced. This has made the
savings available for other City programs. As a self-
insurance pool each of the member cities participates in
the governing of the pool. The pool also provides
member cities with access to resources, such as training
and use of their professional risk management staff.
Participation requires the monthly attendance of staff
at administrative, training, or techincal information
meetings which are typically held in Lakewood or La
Palma. Additionally, the delegate for the City (Mayor)
and the alternate (Deputy City Manager) must attend one
or two annual meetings to consider changes to the by-
laws and other matters requiring the vote of the full
membership.
7. Risk Management Annual Inspection Program
In conjunction with SB 198 and with the requirements of
a self-insurance program, the city must now conduct with
the SCJPIA an annual inspection. Also entailed with
this is a response to the inspection and the preparation
The Honorable City Council
March 16, 1992
Page 10
of new information each year on the city from an
underwriting perspective.
8. Deferred Compensation Program
This year the City added a deferred compensation program
as an employee benefit. This allows employees to save
up to $7, 500 of their salary deferring taxes on the
amount saved. This program requires reporting each
payroll and at the end of the year. Additionally,
enrollment and plan changes are processed as new
employees come on board or participants in the plan wish
to change their participation level.
9 . Annual Planning Fee Update
The City now reviews the fees associated with services
from the planning department on an annual basis. The
methodology was developed in 1990 and is employed each
year to keep fees current with actual costs.
10. Computerization of Work Stations
The city has made strides to computerize as many staff
functions as possible thereby increasing productivity.
The financial management system is operated on an IBM
System 36 minicomputer which is linked to those
requiring access and other users have been provided with
stand alone personal computers. The computer
configurations vary dependent upon the needs of the
user. Some of the computers are linked to common
printers and others have low cost desk top printers
available. The management and the maintenance of this
system requires an extensive committment of staff hours.
11. Maintenance of Fixed Asset Listing
In compliance with new standards set for accounting
(GAAP) , cities are now required to report its fixed
assets. This requires the establishment of a fixed
asset system to record, control and retire or dispose of
the assets. This information is included in the city's
financial statement at the end of each year but is
updated monthly.
12 . Parking Citations
Due to State laws increasing the amount that the County
can recover through the parking citation system, the
The Honorable City Council
March 16, 1992
Page 11
City implemented a fee amount increase so that the
County's new portion of the bail amount would not reduce
the City's ability to recover its costs for the program.
Staff also took advantage of the opportunity to redesign
the citations, including the addition of an envelope
attached to each ticket with the City's address on it.
13 . Business Registration
The City Business Registration Program was initiated on
July 1, 1989 . The number of registered businesses has
grown from 350 in 1989 to 738 . This program requires
annual renewal. It provides information on types of
businesses operating in the City including contractors,
subcontractors and service providers without a fixed
place of business in the City.
The Honorable City Council
March 16, 1992
Page 12
City Clerk's Office
FEDERAL
The Americans with Disabilities Act (ADA) will have an
impact in accommodations required for and during Council
meetings. Not enough information is yet available to
determine the extent of that impact.
STATE
Changes in Fair Political Practices Commission (FPPC)
procedures require that local filing officers now
provide copies of all forms to those who must file
reports, rather than the FPPC providing a supply to the
City. In addition, training workshops for local filing
officers will normally be held only in Sacramento
requiring one or two trips per year to keep current on
changes and information relating to 1) campaign filing
and 2) statements of economic interests. A separate
workshop will be held for each topic.
CITY
We are using the Cable TV Governmental Channel to
broadcast public hearing notices, City Council meeting
dates and to advertise for responses from interested
persons in various City appointments. The use of the
Governmental Channel requires the preparation of the
script to be broadcast within the constraints of the
system and inputing of the notices. The cablecasting of
City Council agenda's will require reformatting of the
agenda and input to the character generator.
The Honorable City Council
March 16, 1992
Page 13
Community Development
FEDERAL
Cranston/Gonzales National Affordable Housing Act included
the requirement for the Comprehensive Housing Affordability
Strategy (CHAS) report. The CHAS is a five-year strategy
replacing the Housing Assistance Plan (HAP) under the
Community Development Block Grant Program and the
Comprehensive Homeless Assistance Plan (CHAP) under the
McKinney Act programs. All HUD funds (not only CDBG dollars)
are now dependent on the approval of a CHAS plan.
STATE
1. Sundstrom v. County of Mendocino (June 30, 1988) - This
case clarified that CEQA places the burden to conduct
proper preliminary environmental investigations on local
governments rather than the public. In overturning the
county's adoption of a Negative Declaration, the court
found that the county staff failed to note the source or
the content of data they relied upon in filling out the
environmental checklist in the Initial Study.
California courts now look for supporting evidence and
not mere conclusions when reviewing an Initial Study for
legal sufficiency.
2 . AB-3180 - Effective January 1, 1989, this bill amended
CEQA and requires that a mitigation monitoring or
reporting program be developed for any environmental
mitigation measures imposed on a project in conjunction
with a Mitigated Negative Declaration or Environmental
Impact Report. The City is required to monitor
mitigation compliance as long as the project exists.
3 . SB-547 - Effective January 1, 1990, required
unreinforced masonry mitigation program. This resulted
in the adoption of City Ordinance No. 127.
4. In March 1990, an amendment to State Government Code
Sections 65913 . 4, 65915, and 65917 was signed into law,
requiring cities to adopt an ordinance regulating the
provision of density bonuses and other incentives or
concessions provided to developers of qualifying
affordable housing projects. Staff has completed a
draft ordinance but is waiting to complete it until
after the revised Land Use Element is adopted.
The Honorable City Council
March 16, 1992
Page 14
5. AB-3158 - Effective January 1, 1991, this bill requires
that the Department of Fish and Game impose and collect
filing fees to defray the cost of managing and
protecting fish and wildlife resources at the time lead
agencies file a Notice of Determination with the county
clerk. The City is responsible for requiring fee
payment as a condition of an entitlement if the project
will result in an adverse effect to wildlife resources,
or if no adverse impact will result, City is responsible
for completion of a Certificate of Fee Exemption. Since
the law mandates that no project is operative, vested,
or final until the filing fees are paid, the City must
ensure that the fee has been paid prior to Zoning
Clearance for a Building Permit.
6. AB-1791 - Effective January 1, 1991, this bill revised
the process for developing and adopting congestion
management programs and revised the standards required
to be incorporated into those programs. City will need
to operate its own land use impact program (traffic
model) with review by VCTC.
7. AB-3205 - Effective January 1, 1991. An AB-3205 air
quality questionnaire must be given to those applicants
for a Building Permit which match certain criteria of
non-residential uses.
8 . SB-1019 - Approved October 12, 1991. Requires changes
in the Housing Element. Imposes a state-mandated local
program by requiring the City to include the need
identified as the City's share of regional housing need
in the City's quantified Housing Element objectives.
Also requires that if the inventory of sites in the
Housing Element does not identify adequate housing sites
to accommodate the needs of all household income levels,
including very low and low income levels, then the
Element must include a program to provide the sites with
zoning that permits owner-occupied and rental
multifamily residential use by right.
A locality must comply with the new requirements of SB-
1019 at the next amendment or periodic review of their
element, whichever comes first. Staff will need to
amend Housing Element in 1992-93 as a result of Land Use
Element revisions.
9. AB-325, effective January 1, 1993, requires Cities to
adopt the State Model Water Efficient Landscape
Ordinance, their own ordinance regarding local water
The Honorable City Council
March 16, 1992
Page 15
efficient landscaping or issue findings that no
ordinance is necessary.
CITY
1. Ordinance No. 102 (11-16-88) - Required fee to be
imposed on new projects for the installation,
maintenance, and replacement of trees, shrubs, and
plants on public property. Resolution No. 88-524 (11-
29-88) - Established tree and landscape fee of $. 05 per
square foot of pad space for new commercial and
industrial development pursuant to Ordinance No. 102 .
2 . Ordinance No. 104 (12-9-88) - Established no smoking
regulations for places of employment, public places,
restaurants, etc.
3 . Ordinance No. 108 (4-19-89) - Established business
registration. Code Enforcement Officers do all
processing related to business registration for home
occupation permits.
4. Council Policy (4-19-89) - Established guidelines
related to processing procedure for food service/liquor
sales requests.
5. Ordinance No. 121 (1-17-90) - Changed public noticing
requirements from 300 feet to 1, 000 feet for all
entitlement applications and Code amendments, except
variance requests for single family residential
dwellings.
6. Resolution No. 90-634 (2-7-90) - Established a zone for
"Parking in Excess of One Hour by Permit Only" for
designated streets near Moorpark College. Code
Enforcement Officers assist with enforcement.
7, Ordinance No. 126 (5-16-90) - Amended Municipal Code to
require regulation of Boutiques and Garage Sales as well
as Home Occupations.
8 . Resolution No. 91-742 (2-6-91) - Authorized Code
Enforcement Officers to act as a public officer to
enforce statutes and ordinances and to issue citations
consistent with approved procedures and restrictions.
Code Enforcement Officers are also authorized to enforce
parking regulations.
9. Ordinance No. 141 (6-19-91) - Amended Municipal Code to
The Honorable City Council
March 16, 1992
Page 16
require Home Occupation Permits to be renewed every five
years.
10. Ongoing loan and insurance monitoring required for five
homes in the Griffin Tract 3963 First Time Home Buyer
Program and the Villa Campesina Project.
The Honorable City Council
March 16, 1992
Page 17
Community Services
Due to the vacancy of the Director of Community Services
position, some of the items are listed in the Department of
the person who has temporary responsibility for a particular
item.
FEDERAL
Americans with Disabilities Act (ADA)
The potential impact of ADA on access to facilities and
parks is still being evaluated. The impact on
accessibility of children's play equipment may result in
the ultimate need to retrofit all or some of the
existing equipment.
CITY
1. Recreation Programming and Senior Citizens Center
A second full-time professional recreation staff person
has recently been hired to assist in further expansion
of recreation programs and activities. Since early
1989 , the City has had a lease agreement with a Moorpark
senior citizens organization for the Senior Citizens
Center. The Center was enlarged to include offices,
restrooms and kitchen facilities.
2 . Park and Landscaping Improvements
South Meadows Park was added to the City park system in
January 1992 and Campus Canyon Park in 1990 adding a
total of 14 acres to the City's now total developed 52
acres of parks. During the past several months, picnic
shelters, restrooms, basketball courts, children's play
equipment and other improvements have been added at
various parks. Additional parkway and median
landscaping has been constructed in locations throughout
the City.
3 . Water Use Reduction
The City, like all water users, is concerned with
increasing costs despite conservation efforts. A system
of monitoring water use relative to weather conditions
has been implemented at five City parks (South Meadows,
North Meadows, Griffin, Campus Canyon and Peach Hill) .
The system determines the evapotranspiration (ETO) rate
The Honorable City Council
March 16, 1992
Page 18
and adjusts the rate of irrigation accordingly. For the
first six months of 1991-92, there has been an overall
decline in water consumption of fifty percent. This was
before our heaviest rains and includes some of the
period when certain parks were receiving little or no
water as a result of the construction of improvements.
The Honorable City Council
March 16, 1992
Page 19
Public Works
Federal
1. National Pollutant Discharge Elimination System (NPDES) :
Requires the City to obtain a permit from the Regional Water
Quality Control Board and to monitor the water quality of storm
water runoff into natural water courses.
2 . Intermodal Surface Transportation Efficiency Act (ISTEA) : This
program replaces the FAU program providing federal dollars for
local street projects. As in the past, the City will be
submitting project to VCTC to be included on the State
Transportation Improvement Program (STIP) to be eligible for
this and other funding.
State
1. Congestion Management Program (CMP) : The CMP requires the City
to confirm that certain traffic standards are maintained. This
is done in a number of ways, including: 1) the monitoring of the
traffic capacity effectiveness of certain roadway segments and
intersections; 2) the review of land use development
applications; and, 3) the review and modification of transit
operations and methods.
2 . Maintenance of Effort: A requirement of 1990 State Proposition
111. One of the prerequisites for continued receipt of Gas Tax
funds is documentation that the City is maintaining the
expenditure of local funds for road maintenance at a level equal
to prior years.
3. Bureau of Automotive Repair Smog Check Program: Requires the
City to obtain proof of the testing of the emission control
systems of City vehicles on a bi-annual basis.
Districts
1. Rule 210 Health Advisory [APCD] : Requires the City to Notify
City employees and certain "at risk" groups of Poor Air Quality
Health Advisories, when notified by the APCD that such an
advisory has occurred.
2 . Water Well Pumping Reports [FCGWMA] : Requires the City to submit
groundwater pumping reports on a periodic basis to Fox Canyon
Groundwater Management Agency.
The Honorable City Council
March 16, 1992
Page 20
3 . Water Usage/Efficiency Reports[County Waterworks District #1] :
Recent water rate changes have established a "tiered" rate
structure. In order to maintain the base water rates, the City
will have to monitor water use and implement practices to
dramatically reduce water usage. These efforts may require the
preparation of a water audit by a qualified consultant and the
implementation of additional water efficiency techniques such as
the process currently being implemented at five City parks.
City
1. Graffiti Removal Program: Requires the City to identify, obtain
property owner permission and remove graffiti from certain
privately owned properties.
2 . Ordinance #101 Tree Removal Program: Requires the City to
evaluate and respond to requests to remove trees on private
property.
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