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Home My WebLink AboutAGENDA REPORT 1992 0701 CC REG ITEM 08L6) �• L MOORPARK ITEM 799 Moorpark Avenue Moorpark, California 93021 y Cou cil Meehng cf 199.L- M E M O R A N D U M By TO: The Honorable City Council FROM: William Phelps, Interim Director of Community D evelopment u 9 DATE: June 25, 1992 (for the July 1, 1992 City Council meeting) SUBJECT: APPROVAL OF MITIGATED NEGATIVE DECLARATION PREPARED FOR THE ARROYO VISTA COMMUNITY PARK Discussion: A Mitigated Negative Declaration was prepared for the 83 acre Arroyo Vista Community Park site. The 30 day mandated State Clearinghouse review period was from May 29, 1992 through June 29, 1992. Two comment letters on the Mitigated Negative Declaration were received (see Attachment 1). A letter received from the California Department of Fish and Game did not contain significant comments. However, staff does concur with their comment that the City will be required to pay the necessary Fish and Game fee, $1,250.00, in conjunction with filing of the Notice of Determination. A comment letter was also received from the Southern California Edison Company. Staff intends to respond by letter to two comments made by the Edison Company. First, staff will respond to the Edison Company identifying that no active park activities are planned within the Edison owned property. The second point made by the Edison Company was that they were concerned with the use of the phrase, "Edison owned easement "; the Negative Declaration has been modified to read, "Edison owned property ". The impacts for the project are mitigatable. A mitigation reporting and monitoring program is included as an attachment to the Negative Declaration which has been previously provided to the Council. The California Environmental Quality Act requires that the decision - making body of the Lead Agency shall consider the proposed Negative Declaration together with any comments received during the public review process, and shall approve the Negative Declaration if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 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 June 25, 1992 Page 2 Recommendation: 1. Approve the Mitigated Negative Declaration and Mitigation Reporting and Monitoring Program prepared for the Arroyo Vista Community Park. WP:KMP Attachments: 1. Comments received RECEIVED .. �uN t 8 1992 Southern California Edison Company 2982 COCHRAN STREET SIMI VALLEY, CALIFORNIA 93065 June 16, 1992 CHRISTINA BRADLEY AREA MANAGER City of Moorpark 799 Moorpark Avenue Moorpark, Ca. 93021 -1756 SUBJECT: Arroyo Vista Community Park EIS - Negative Declaration City of Moo ;park The Edison Company has reviewed the subject EIS - Negative Declaration and wishes to submit the following comments: TELEPHONE (805) 5838282 181 8) 999 , 880 Items K2 and N1 - Both of these sections reference the use of the "Edison Easement for use as an emergency access road. The use of the word easement is incorrect in that Edison actually holds fee title to the property being referenced. Use of the Edison road and property for actual emergency access purposes is appropriate and should not present any problems. However, item N1 also addresses a possible secondary access from a pedestrian /emergency access bridge from the north side of the Arroyo Simi at Liberty Bell Road. The southerly terminus of any bridge installed at this location will terminate on the north side of Edison property. This type of planned emergency access road, and most definitely any type of bridge and /or pedestrian access, would require that the City of Moorpark enter into a license agreement for the use of Edison property for these purposes, or otherwise acquire the necessary rights for these activities. Notification Card Proposal Statement - The notification card for comments on this EIR contained the statement, "In the future it is hoped that the City will be able to obtain use of all or part of the 24 acres owned by the Southern California Edison Company ". While consideration is still given to licensing our rights of ways for park purposes, we limit the activities that can take place on Edison property to those clearly identified as "passive type activities ". The word passive relative to the use of Edison property for park purposes refers to jogging or biking trails. Picnic areas, tot lots, and ball courts are not considered passive. Consideration will be given to a City request for a park license, subject to FILE GOP'' City of Moorpark June 16, 1992 Page 2 Transmission /Substation approval, and Edison policies and park license conditions. Please feel free to call me, if you have any questions. Sincerely, STATE OF CALIFORNIA —THE RESOURCES AGENCY DEPARTMENT OF PETE WILSON, Governor `330 Golden Shore, Suiite 50E Long Beach, California 90802 (310) 590 -5113 June 19, 1992 Ms. Kathleen Mallory - Phipps City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Dear Ms. Mallory - Phipps: ;a Negative Declaration for Arroyo Vista Community Park, Ventura County - SCH 92051087 The California Environmental Quality Act and the California Endangered Species Act require the lead agency to appropriately condition the project and fully implement the statutory Mitigation and monitoring requirements to offset adverse impacts to the following resources which may be impacted by this project. 1. Endangered or threatened species of plants and animals. If the project would result in take, on or off project site, of any State - listed species or habitat essential to its continued existence, the applicant must obtain authorization from the Department of Fish and Game (DFG) pursuant to Fish and Game Code Section 2081. 2. Wet_ lands, Compliance with the DFG's Wetland Policy requires that there should be no net loss of wetland acreage or wetland habitat values, either on or off project site, due to project development. A mitigation and monitoring plan subject to DFG approval should be required for loss of sensitive habitats including, but not necessarily limited to, freshwater marsh, riparian woodland, oak woodland, and riparian scrub vegetation. 3. Watercourses. The DFG opposes the elimination of watercourses and /or their conversion into subsurface drains. All watercourses, whether intermittent or perennial, must be retained and provided with setback buffers appropriate to preserve the riparian and aquatic habitat values. Earthen channels should be interconnected with adjacent large open space areas to increase their effectiveness as wildlife corridors in urban surroundings. The DFG has direct jurisdiction under Fish and Game Code Sections 1601 -1603 in regard to any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake. We recommend RFCEIVE13 JUN 24 10,,92 City of Moocpw" Ms. Kathleen Mallory- Phipps June 19, 1992 Page Two early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. Formal notification (with fee) under Fish and Game Code Section 1603 should be made after all other permits and certifications have been obtained. Work cannot be initiated until a streambed alteration agreement is executed. 4. User Fee. The project sponsor is subject to the user fee provided by Fish and Game Code Section 711.4, and the fee is payable to the County Clerk at the time of or prior to filing the Notice of Determination by the lead agency. If a Negative Declaration is filed, the user fee is $1,250. If an Environmental Impact Report is filed, the fee is $850. It is our assessment that this project will result in cumulative loss of fish and wildlife resources and is not exempt from the user fee. In conclusion, if your analysis reveals that the above - mentioned concerns have been fully addressed throughout your decision - making process, we would not object to the project approval. However, we request that you provide us a copy of the final environmental document immediately upon approval and prior to filing the Notice of Determination. If you have any questions, please contact Mr. Kris Lal of our Environmental Services staff at the letterhead address or by telephone at (310) 590 -5137. Sincerely, Fred Worthley� Regional Manager Region 5 cc: Office of Planning and Research Environmental Services Division Ms Marlene Hagman