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Home My WebLink AboutAGENDA REPORT 2001 0919 CC SPC ITEM 04ATO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM A-4 . CTTV OF MOORPARK, CALTFORNTTA City C0unr_3i Njne`*"Z of ZDD i ACTTON: Utre� -JLA� wrt�o tna tJ4FFCUU lica�llnnS 5pherG � ce �oj_• or�U'1t71��Ta'1c� Deborah S. Traffenstedt, ATOM /City Clerk September 18, 2001 (Special CC Meeting of 9/19/01) SUBJECT: Consider Withdrawing Applications to Local Agency Formation Commission ( LAFCO) for Hidden Creek Ranch Amendment to the Sphere of Influence for the City of Moorpark (Specific Plan No. 8) and Hidden Creek Ranch Reorganization ( LAFCO Applications 01 -26S and 01 -26) BACKGROUND The above referenced applications are scheduled for LAFCO recission of approval action on September 19, 2001 (see attached LAFCO agenda and staff report). Withdrawing the applications is necessary for compliance with the decision of the Superior Court of Ventura County. The attached LAFCO staff report provides the full background for the recommended Council action. If the Council determines to not withdraw the applications, the Executive Officer of LAFCO could issue a letter to the City indicating that the applications are incomplete for filing. Another possible LAFCO action would be to notice and formally schedule the applications for LAFCO consideration at a future meeting for a denial action. The LAFCO staff report identifies the preferred action would be City Council withdrawal of the applications, and if that does not occur, LAFCO Executive Officer issuance of a letter declaring the applications incomplete for filing. STAFF RECOMMENDATION Direct staff to send a letter to the LAFCO Executive Officer withdrawing the LAFCO applications 01 -26S (Sphere of Influence) and 01 -26 (Reorganization). Attachments: LAFCO Agenda and Staff Report 1. Ventura Lafc= Local Agency Formation Commission 0 AGENDA t- E C E V E WEDNESDAY, September 19, 2001 Board of Supervisors Hearin Room �� - GI i^Y OF MOORPARK P 9 .'t°FICE OF THE CIT \ MANAGER Hall of Administration 800 South Victoria Avenue Ventura, CA 93009 9:00 A.M. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Clerk administers oath to interested parties who are to give testimony 5. Presentations & Announcements COMMENTS FROM THE PUBLIC 6. Public Comment - This is an opportunity for members of the public to speak on items not on the agenda. (The Ventura Local Agency Formation Commission encourages all interested parties to speak on any issue on this agenda in which they have an interest, or on any matter subject to LAFCO jurisdiction. It is the desire of LAFCO that its business be conducted in an orderly and efficient manner. All speakers are requested to fill out a Speakers Card and submit it to the Clerk prior to speaking. All speakers are requested to present their information to LAFCO as succinctly as possible with a five (5) minute time limit. Allowing an individual to speak more COUNTY: Steve Bennett, Vice Chair Kathy Long Judy Mikels, Alternate EXECUTIVE OFFICER: Everett Millais COMMISSIONERS AND STAFF: CITY: Linda Parks John Zaragoza Evaristo Barajas, Alternate PLANNER III: Hollee Brunsky PUBLIC: Louis Cunningham Kenneth M. Hess, Alternate CLERK: Debbie Schubert SPECIAL DISTRICT: John Rush, Chair Jack Curtis Dick Richardson, Alternate LEGAL COUNSEL: Noel Klebaum than five minutes is at the discretion of the Chair of the Commission. Speakers are encouraged to refrain from restating previous testimony). 7. Approval of Minutes for Regular Meeting on July 18, 2001. CONSENT ITEMS (Agenda Items 7 and 8) (The following items are expected to be routine and non - controversial. Consent items will be approved by one motion if no member of the Commission desires to comment, discuss or ask questions about the item. Any member of the Commission or staff can remove an item from being considered as a consent item. Agenda items removed from the Consent Items section of the agenda will be considered at the beginning of the Action Items section of the agenda. Members of the public may comment on consent items prior to the Commission's consideration of the Consent Items section of the agenda. A Commissioner may vote "no" on any consent item without comment or discussion. Any comments, discussion or questions on a consent item will require the pulling of the item from the Consent Items section of the agenda.) 8. . LAFCO 01 -19 - Ojai Valley Sanitary District Annexation - Hellman - To annex approximately 1.46 acres into the Ojai Valley Sanitary District for the purposes of sanitary service for a private residence. The proposal area is located approximately 100 feet from the westerly terminus of Verde Oak Drive, and addressed as 225 Verde Oak Drive in the Ojai Area of Interest. RECOMMENDATION: Approval 9. LAFCO 01 -20 - Calleguas Municipal Water District - Annexation Oxnard Village. To annex approximately 16.03 acres to Calleguas Municipal Water District in order to provide water service for an approved residential and commercial development project in the City of Oxnard. The site is located on the northwest corner of Channel Islands Blvd. and Rose Avenue, in the City of Oxnard. RECOMMENDATION: Approval LAFCO AGENDA September 19, 2001 Page 2 of 4 a'. 0 J 0 v ACTION ITEMS 10. Hidden Creek Ranch Project — City of Moorpark A. LAFCO 01 -26S — Rescission of Hidden Creek Ranch Amendment to the Sphere of Influence for the City of Moorpark (Specific Plan No. 8) B. LAFCO 01 -26 — Rescission of LAFCO 98-09 — Hidden Creek Ranch Reorganization To rescind the 1998 approvals of the Hidden Creek Ranch Sphere of Influence Amendment to the City of Moorpark and the Hidden Creek Ranch Reorganization in compliance with the decision of the Superior Court of Ventura County. The area is located north of SR 118 and northeasterly of downtown Moorpark, north of and adjacent to Moorpark Community College and easterly of and adjacent to Happy Camp Canyon Regional Park, in the Moorpark Area of Interest. RECOMMENDATION: Approval 11. Revisions to the Commissioners Handbook - Preliminary Changes to Selected Policies, Procedures and Standards A. Authority, Purpose, Jurisdiction, General Intent B. Operational Rules & Regulations 1. By -Laws 2. Conflict of Interest Code 3. Meeting Protocols 4. CEQA Guidelines Preliminary review and approval of proposed changes to the first two sections of a revised Commissioners Handbook. RECOMMENDATION: Preliminary Approval 12. LAFCO Service Review Guidelines Oral Presentation on the preparation of service review guidelines by the Governor's Office of Planning and Research. RECOMMENDATION: Review and Comment LAFCO AGENDA September 19, 2001 Page 3 of 4 INFORMATIONAL ITEMS 13. Executive Officer Report - A. CALAFCO 2001 Annual Conference, Tenaya Lodge B. CALAFCO 2001 Achievement Awards C. Disclosure of Contributions, Expenditures, Independent Expenditures and Lobbying Disclosure — Update D. Budget Report — Receipt of Revenue E. Legislative Report F. Agenda Items for next meeting (October 17th) COMMISSIONER'S COMMENTS CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Government Code Section 54956.9(a) (1) Environmental Coalition of Ventura County vs. City of Moorpark Ventura County Superior Court Case No. SCO21825 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the LAFCO office (805) 654 -2576. Notification 48 hours prior to the meeting will enable LAFCO to make reasonable arrangements to ensure accessibility to this meeting. The next regularly scheduled meeting is on October 17, 2001 LAFCO AGENDA September 19, 2001 Page 4 of 4 Ventura Lafc= Local Agency Formation Commission STAFF REPORT September 19, 2001 PROPOSAL: A. LAFCO 01 -26S - Rescission of Hidden Creek Ranch — Amendment to the Sphere of Influence for the City of Moorpark (Specific Plan No. 8) B. LAFCO 01 -26 - Rescission of LAFCO 98 -09 — Hidden Creek Ranch Reorganization - Annexation of Properties Within Specific Plan No. 8 Into the City of Moorpark and Detachment from the Ventura County Resource Conservation District PURPOSE: To comply with a Peremptory Writ of Mandamus issued by the Ventura County Superior Court. PROPONENT: A. & B. The original proponent was the City of Moorpark by Resolution. This action is occurring due to subsequent litigation and a Peremptory Writ of Mandamus issued by the Ventura County Superior Court commanding LAFCO to set aside earlier actions approving the Hidden Creek Ranch Sphere of Influence Amendment and the Hidden Creek Ranch Reorganization. SIZE: A. & B. Approximately 4,322 acres. LOCATION: North of SR 118 and northeasterly of downtown Moorpark, north of and adjacent to Moorpark Community College and easterly of and adjacent to Happy Camp Canyon Regional Park, in the Moorpark Area of Interest. ASSESSOR'S PARCEL NO.S: The proposal area included all or portions of 38 different Assessor's Parcels. NOTICE: This matter has been noticed in the manner prescribed by law. COUNTY: Steve Bennett, Vice Chair Kathy Long Judy Mikels, Alternate COMMISSIONERS AND STAFF: CITY: Linda Parks John Zaragoza Evaristo Barajas, Alternate PUBLIC: Louis Cunningham Kenneth M. Hess, Alternate EXECUTIVE OFFICER: PLANNER III: CLERK: Everett Millais Hollee Brunsky Debbie Schubert SPECIAL DISTRICT: John Rush, Chair Jack Curtis Dick Richardson, Alternate LEGAL COUNSEL: Noel Klebaum RECOMMENDATIONS: A. Adopt the attached resolution ( LAFCO 01 -26S) rescinding the "Resolution of the Ventura Local Agency Formation Commission Making Determinations and Approving the Hidden Creek Ranch — Amendment to the Sphere of Influence for the City of Moorpark (Specific Plan No. 8)," dated September 16, 1998. B. Adopt the attached resolution ( LAFCO 01 -26) rescinding " LAFCO 98 -09 Resolution of the Ventura Local Agency Formation Commission Making Determinations and Approving the Hidden Creek Ranch Reorganization — Annexation of Properties Within Specific Plan No. 8 Into the City of Moorpark and Detachment from the Ventura County Resource Conservation District," dated November 4, 1998. BACKGROUND: In July 1998 the City of Moorpark applied to the Commission for a sphere of influence amendment and a reorganization for the purpose of bringing within the City's boundary approximately 4,300 acres for the purpose of urban development. The City's general plan had identified the territory for urban uses as Specific Plan 8 beginning in 1992. A developer known as Hidden Creek Ranch sought to develop the territory with residential and some commercial uses. The project was opposed before the City of Moorpark and LAFCO by representatives of The Environmental Coalition. The Coalition sued the City of Moorpark over its environmental impact report (EIR), and following LAFCO's approvals of the City's applications, it also sued LAFCO. The Coalition alleged that there was no substantial evidence supporting LAFCO's decisions, and that LAFCO had violated the California Environmental Quality Act (CEQA) with respect to both the sphere and reorganization approvals. The Ventura County Superior Court ruled for the Coalition. In November 1999 the Superior Court issued the attached Peremptory Writ of Mandamus commanding LAFCO to set aside its decisions on both the sphere of influence and the reorganization. This decision was appealed to the Court of Appeal. The Court of Appeal affirmed the trial court's judgment in April 2001. Petitions for rehearing and for review by the California Superior Court have been denied and the judgment is final. Thus, it is now necessary for LAFCO to comply with the November 1999 Peremptory Writ of Mandamus and rescind both the sphere of influence change and reorganization. SPECIAL ANALYSIS: The Commission must comply with the Peremptory Writ of Mandamus. However, once resolutions are adopted rescinding the sphere of influence approval and the Rescission of Hidden Creek Ranch Sphere of Influence Amendment to City of Moorpark Rescission of LAFCO 98 -09 — Hidden Creek Ranch Reorganization September 19, 2001 Page 2 of 3 _:00() ( j reorganization, the underlying applications submitted to LAFCO in 1998 remain in place. Based on communications with the City of Moorpark, the Moorpark City Council is scheduled to consider taking action to withdraw the applications on September 19 (in the evening of the same day as the LAFCO meeting). Assuming the Moorpark City Council does withdraw the applications for the sphere of influence amendment and reorganization, this matter will be completed. If, however, the City of Moorpark does not withdraw the applications, it will be necessary for some action to be taken by LAFCO. Under former Government Code section 56828, the Executive Officer could rescind any prior determination of completeness and issue a letter to the City indicating that the applications are incomplete for filing. The reasons would be the project does not have adequate and current environmental determinations and clearances and there are no approved development entitlements (e.g. pre- zoning) from the City of Moorpark. This possible course of action has been reviewed with LAFCO's Legal Counsel. He concurs that there is adequate grounds to deem the applications incomplete and that such a determination would serve to complete this matter (at least until and unless the City decided to attempt to file sufficient materials to reinstate the applications). If the City does not withdraw the sphere of influence and reorganization applications, another alternative course of action would be to notice and formally schedule the applications for LAFCO consideration at a future meeting. The only decision the Commission could reasonably make at such a meeting would be to deny the applications unless new and adequate environmental documentation was submitted for the project and unless the City took action to revise and update the project's land use entitlements. Given the time and extra expense of preparing materials for a formal agenda item action by the Commission, this course of action should only be recommended as a last resort. Thus, if the City does not withdraw the applications, and unless the Commission specifically requests to have the applications placed on a future agenda for a formal decision, staff will issue a letter declaring the applications incomplete for filing. Everett Millais, Executive Officer Attachments: (1) Peremptory Writ of Mandamus; (2) aerial photo outlining Hidden Creek Ranch area; (3) LAFCO 01 -26S Resolution; (3) LAFCO 01 -26 Resolution Rescission of Hidden Creek Ranch Sphere of Influence Amendment to City of Moorpark Rescission of LAFCO 98 -09 — Hidden Creek Ranch Reorganization September 19, 2001 v.d�0 00th Page 3 of 3 � � ♦ . � '_ivy is `" � �F� N`�" r� yr ,�,s • •,� `` �� " '��\ � -?� w `g � �ru+..x.,�.'y� tr�..f -•q, ..7�_',�` � r m t l "� �%• :� w t- _ _ , . tali,\'_ . i, � �. r �m t ,r�" -` � �'\ K , � ` �'/ �•1 � �t t1 rZ' n � i� •a ;r `tom ^ 1 ti` � ' �� +o. 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