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HomeMy WebLinkAboutAGENDA REPORT 2003 0507 CC REG ITEM 10Ai of MINUTES OF THE CITY COUNCIL '--'-Moorpark, California January 23, 2002 An Adjourned Meeting of the City Council of the City of Moorpark was held on January 23, 2002, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:46 p.m. Mayor Hunter announced that the adjourned meeting was called to discuss Items 9.C., 9.D, and 9.F., which were continued from the January 16, 2002, regular meeting with the public hearing open. 2. INVOCATION: Mayor Hunter requested a moment of silent reflection. 3. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Walter Brown, City Engineer; Laura Stringer, Senior Management Analyst; Deborah Traffenstedt, Acting Community Development Director /Assistant to City Manager /City Clerk; La -Dell VanDeren, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: None. Minutes of the City Council Moorpark, California Paae 2 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: January 23, 2002 Councilmember Mikos requested a discussion item regarding Unmet Transit Needs for the city of Moorpark for the February 6, 2002, agenda. 9. PUBLIC HEARINGS: Mayor Hunter announced that Items 9.C. and 9.D. would be considered together. C. Consideration of Certification of Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single- family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Applicant: West Pointe Homes. (Continued Open Public Hearing from City Council meeting of January 16, 2002.) Staff Recommendation: 1) Adopt Resolution No. 2002 -1935 Certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring Program; 2) Adopt Resolution No. 2002- approving General Plan Amendment 99 -01; 3) Introduce Ordinance No. 276 for first reading adopting Zone Change 99 -01; 4) Adopt Resolution No. 2002- approving Vesting Tentative Tract Map 5187 and Residential Planned Development Permit No. 99 -02, subject to conditions of approval, and to become effective upon the effective date of the Zoning Ordinance. D. Consider Adoption of Ordinance for Approval of Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. (Continued Open Public Hearing from City Council meeting of January 16, 2002.) Staff Recommendation: 1) Take public testimony and close public hearing; and 2) If an approval t� 'Im . Minutes of the City Council Moorpark, California I Page 3 January 23, 2002 decision is made on the related West Pointe project, introduce Ordinance No. 277 for first reading, approving Development Agreement No. 2001 -01, subject to insertion of revised language for Section 6.11 and incorporation of minor edits recommended by staff. Ms. Traffenstedt gave the staff report on Item 9.C. Mr. Kueny gave the staff report on Item 9.D. He stated that he has given the applicant and Council edited copies of the Agreement along with the Affordable Housing Section 11 subject to the changes requested by the City Attorney. In response to Councilmember Mikos, Mr. Kueny replied that the Perpetual Obligation referenced in the Development Agreement applies to the payment obligation of the initial $10,000 for Open Space maintenance. Mayor Hunter stated that the public hearing remains open. Vince Daly, West Pointe Homes, Inc., 31304 Via Colinas, #103, Westlake Village, outlined what transpired at the last meeting with respect to "A" Street and the reconfiguration of the 84 -foot right - of -way. Mr. Kueny focused on the issues of concern to the Council and stated that the proposal staff is in agreement with is: an 84 -foot right -of -way; a 14 -foot median to allow for turn pockets; 25 feet of pavement on each side of that median, which would initially be striped with an 8 -foot bike lane that would later accommodate conversion to two travel lanes in each direction; a 10 -foot sidewalk /parkway provided on each side of the street; a 12 -foot multi -use trail adjacent to the parkway on the north side, outside of the right -of -way with varying widths of landscaping between the lots and that point, and an additional 10 feet within the right -of -way adjacent to the north side with an additional 10 -foot for parkway or landscaping outside of the right -of -way. He went on to state that this proposal provides flexibility, in the event the two travel lanes become a necessity, the multi -use trail would provide an option for the bike Minutes of the City Council Moorpark, California Page 4 January 23, 2002 lanes or the ability to put paving in the parkway on the south side outside of the right -of -way. In response to Councilmember Millhouse, Mr. Kueny replied that in order to avoid making it easy to convert the roadway to two lanes in the future, the matter should be included in the Circulation Element, which would require public hearings. He stated that staff could be directed to amend the Circulation Element, or have the applicant fund the Circulation Element Amendment to implement it prior to the final map approval. Councilmember Millhouse stated that the Transportation and Streets Committee is concerned about high speeds through the neighborhoods. He requested consideration for visual speed control devices, narrowing of the lanes, and implementation of a traffic plan to reduce the tendency for high speeds when this right -of -way is constructed. Mr. Kueny stated that a bus turnout would be added to the south side, west of the homes, to accommodate the school district and city transit system. In response to Councilmember Mikos, Mr. Daly described pedestrian traffic from the tracts to and from "A" Street. Mr. Kueny stated that the second bus turnout would be as close as possible to the Tract. He explained that the City Engineer and Community Development Director would determine the final location of the bus turnout and sidewalk. He went on to recommend that homebuyers be notified of the ultimate four -lane width for "A" Street and connection to North Hills Parkway. The Council concurred with Mr. Kueny's response to Mr. Daly's request that the execution of the Affordable Housing Agreement be subject to the Final Map approval and not the Zoning Clearance for grading permit, as stipulated on Page 7, Item 10 of the Tract Conditions (stamped page 22 of the agenda report), Mr. Kueny stated that staff concurs with the addition of the standard language of, "prior to the first final map approval ". Cam] Minutes of the City Council Moorpark, California Paqe 5 January 23, 2002 In response to Mr. Daly's request to modify the condition on Page 9, Item j. (stamped page 24 of the agenda report) to read that streetscape within each neighborhood shall be fully landscaped to comply with the requirements of the city, Ms. Traffenstedt stated that it would be best to leave the language as written to be "consistent with rural aesthetic requirements of the adopted Mitigation Monitoring and Reporting Program ". Mr. Kueny concurred with keeping the language as a reminder to staff. In response to Mr. Daly, regarding Page 16, Item f. (stamped page 31 of the agenda report), Mr. Kueny stated that staff is in agreement with the change that the front yard landscaping "must" include a minimum of two "24- inch" box trees and in response to Mayor Hunter, confirmed that it is a standard condition, as modified. In response to Mr. Daly, regarding amendments to Page 26, Item 37. (stamped page 41 of the agenda report), Mr. Kueny stated that: staff is in agreement with the change in the wording, from "Final Map" to "Zoning Clearance for residential unit building permit" for the payment of the Park and Recreational Facilities fee; this is set by the Development Agreement at $9,000 per lot, so the fee amount does not change, just the timing of the payment; this same change will apply to the RPD; and staff will redraft the final wording. CONSENSUS: It was the consensus of the Council that any changes to the conditions agreed to at this meeting, will be subject to final language approval by the City Manager. Referencing page 27, Item 41. (stamped page 42 of the agenda report), Mr. Daly requested that the undergrounding of utilities be specified within the project boundary west of Walnut Canyon Road, and not on the east side, explaining that high tension lines would be difficult to underground along that slope. In response to Councilmember Harper's complaint that the undergrounding may not get done if this applicant 0000% 0 Minutes of the City Council Moorpark, California Page 6 January 23, 2002 does not do it, Mr. Daly stated that in fairness, the undergrounding would be best undertaken at a later date by whomever develops that property. In response to Councilmember Harper, Mr. Kueny stated that to be equitable with other locations in the city, staff would probably not have required undergrounding across the street from the project; the usual limit for undergrounding is across the frontage of the site; an option would be to require a contribution towards accomplishing that undergrounding; or have them waive their rights to protest the formation of an Underground Utility District. Mr. Kueny concurred with Mr. Brown's proposed changes to the condition to require the undergrounding of all existing and proposed utilities within the project and along the Walnut Canyon frontage. In response to Councilmember Mikos, Mr. Daly stated he had not been clear on the meaning of the condition and is satisfied with staff's explanation. In response to Councilmembers Harper and Mikos, Mr. Kueny stated that staff will be sure to add the standard language that the applicant waives their right to protest the formation of an Underground Utility District, but not the amount of the assessment if such a district is formed. In response to Mr. Daly, regarding Page 28, Item 46. (stamped page 43 of the agenda report), Mr. Kueny stated that this condition pertaining to the North Hills Parkway and slope easement will be rewritten. In response to Council questions, Mr. Kueny replied that the language would be consistent with the direction given tonight; the applicant will not have any obligation to construct or pay any money towards the road project regarding North Hills Parkway and State Route 118 other than the citywide traffic fee. Mr. Daly stated that would be acceptable and confirmed that they have reached an agreement with staff on all other conditions except for a remaining few. He went on to describe them. Minutes of the City Council Moorpark, California Page 7 January 23, 2002 In response to Mr. Daly, regarding page 45, Item 58. b. (stamped page 60 of the agenda report), Mr. Kueny stated that staff is in agreement that they will not require a surety, but will require the payment of the then applicable fee at the issuance of a building permit. In response to Mr. Daly in reference to Page 48, Item e. (stamped page 63 of the agenda report), regarding adding the Walnut Canyon Corridor Exhibit to the condition, Mr. Kueny replied that the Council has not formally accepted the Walnut Canyon Road Improvement Study. He stated that: there must be some agreement to the limits of the improvements for this project; the applicant and staff's understanding is that full improvements would be required on the west side from the future intersection with Spring Road to the south project boundaries with transition into the Walnut Canyon neighborhood; and full improvements on the east side from the Spring Road connection south to their project boundary, at which point, the SunCal property would to be conditioned for Walnut Canyon Road improvements. Mr. Kueny stated the basic improvements to be: 8 -foot paved shoulders, 12 -foot travel lanes; and striped median at appropriate locations. Mr. Brown stated that remaining concerns center on pedestrian traffic traveling from the site down the westerly side of Walnut Canyon Road to the school or library where there are no dedicated pedestrian facilities and the need for a sidewalk on down to Casey Road. In response to Councilmember Mikos, Mr. Kueny replied that the applicant's position is that the subject sidewalk improvement is the responsibility of the SunCal project. Mr. Brown stated that the SunCal project would be obligated to build sidewalks on the easterly side of Walnut Canyon Road, which would cause some sidewalks to not be immediately adjacent to the roadway. He added that requiring pedestrians to cross Walnut Canyon Road to gain access to the sidewalks would not be his recommendation. 00002 Minutes of the City Council Moorpark, California Page 8 January 23, 2002 In response to Councilmember Mikos, Mr. Brown replied that sidewalks should be on both sides of Walnut Canyon Road. In response to Councilmember Mikos, Mr. Kueny stated that a sidewalk, curb, and gutter can be accommodated within the right -of -way in front of the existing homes on Walnut Canyon Road and still allow for the 8 -foot paved shoulder, 12 -foot travel lane on each side, and a turning median where needed for this project. Councilmember Mikos noted that funds were available at one time for a sidewalk in that area, but she has concerns that placement of a sidewalk in front of the existing homes cannot be resolved at this meeting. In response to Councilmember Millhouse, Mr. Kueny stated that: staff can look at the study to review the conditions of approval to see if the SunCal project is obligated for this frontage improvement on the west side; and he recommends that the Council provide specific direction for the applicant to either be obligated for all or part of the improvements on the west side of Walnut Canyon Road. Mr. Daly stated that the group of developers along the Walnut Canyon Corridor had met to discuss frontage improvements; he is agreeable to contributing to the curb and gutter improvements; but stipulated that the sidewalk would require further discussion. Councilmember Harper stated that the sidewalk is a safety issue and needs to be funded by some of these projects and perhaps installed, as a compromise, after a certain number of building permits have been issued. Mr. Daly stated that they recognize that need and that is why their trail system is off the street and connects to the other trail system. In response to Mr. Daly's request regarding Page 48, Item f. (stamped page 63 of the agenda report), Mr. Kueny stated that staff is in concurrence that the modifications to SR -23 shall be constructed prior to issuance of the first occupancy approval for any residential dwelling unit rather than prior to the issuance of the first building permit. Minutes of the City Council Moorpark, California Page 9 January 23, 2002 In response to Mr. Daly's request regarding Page 49, Item g. (stamped Page 64 of the agenda report), Mr. Kueny stated that the final design for the project entrance should be prior to the first issuance of the building permit for the first residential unit, not the first occupancy. In response to Mr. Daly's request to strike the words "zoning clearance for a building permit" on Page 64, Item 7. (first paragraph on stamped page 79 of the agenda report), Mr. Kueny stated that staff was in agreement. In response to Councilmember Harper, Mr. Kueny replied that staff should be directed to report back with the appropriate amended language for the sidewalk issue as an open item for final City Council approval. He indicated that he believes staff and the applicant will be in agreement and if the Council does not approve, they may apply whatever condition deemed necessary. Mr. Kueny recommended that the City Council close the public hearing, and consider action on the certification of the Final EIR and adoption of the Mitigation Monitoring Program. James Rasmussen, West Pointe Homes, Inc., 31304 Via Colinas, #103, Westlake Village, thanked the City Council and staff for assisting him in the process. In response to Councilmember Mikos' reference to Page 11, Item 12 p. (stamped page 26 of the agenda report), Mr. Kueny stated that language would be added "to enhance biological habitat value ". In response to Councilmember Mikos, Mr. Kueny replied that the condition requiring a Paleontological Mitigation Plan on Page 12, Item 13, (stamped page 27 of the agenda report) , would cover finds similar to the large fossil find in Simi Valley. He deferred to Mr. Craig to address Councilmember Mikos' concerns regarding the cost of a significant find. Steve Craig, the city's Environmental consultant on the project, stated that: there is an environmental 000024 Minutes of the City Council Moorpark, California Page 10 January 23, 2002 plan for monitoring, which gives flexibility to make sure the data recovery fits significance; CEQA requires that the scope of the program be judged based on the significance of the find; applicants are generally very cooperative when a find is identified and there is a monitoring program in place; and the language of this condition is best left as it is, since it has worked well in the past. In response to Councilmember Mikos' concern regarding the disconnect between Page 12, Item 14. (stamped page 27 of the agenda report) and Page 11, Item 12 p. (stamped page 26 of the agenda report) in regard to native species and non - native, Mr. Craig replied that the non - native reference is specific to the non - native cactus; the dominant re- vegetation should be native; but it should not involve the destruction of non- native vegetation. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 2002 -1935 certifying the Final Environmental Impact Report (SCH 1994081075) and approving the Mitigation Monitoring Program. The motion carried by unanimous roll call vote. Mr. Montes read the title of Ordinance No. 276 adopting Zone Change 99 -01. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 276. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 276 introduced for first reading. The motion carried by unanimous voice vote. CONSENSUS: It was the consensus of the Council to continue General Plan Amendment No. 99 -01, Residential Planned Development No. 99 -02 and Vesting Tentative Tract Map No. 5187 with public hearing closed to February 6, 2002. Minutes of the City Council Moorpark, California Page 11 January 23, 2002 Mr. Kueny stated that a copy of editorial and substantive changes to the Development Agreement submitted under Item 9.D., which the applicant has indicated are acceptable and consistent with their discussions, has been provided to the Council and after conferring with the City Attorney, he went through several minor changes, which the applicant has not had time to review, but which is part of the final version of the agreement. Mr. Montes explained that the language of the Agreement Section 5.4 indicates that subsequent approvals including Tentative Maps would not last past seven years, even if filed in phases; the Government Code Section 66452.6(a) provides that if you have certain levels of offsite infrastructure requirements, which this approval would trigger, that the filing of a phased Final Map automatically extends the balance of the map for three years; and the intent of this Section 5.4 is to make clear that the life of the Tentative Maps is limited to seven years even if they file in phases. Mayor Hunter stated that the public hearing remains open. Mr. Daly stated that the applicant concurs with all of the changes except for a clarification of Section 5.4 in regard to whether the recordation of the first Final Map would than vest the remainder of the project. Mr. Montes stated that as Section 5.4 was just modified, the recordation of the Final Map would not vest the remainder of the project. If the applicant chooses to do a Vesting Tentative Map on the whole project and record the first phase, the remainder phases would have to be finaled within seven years of the approval of the original vesting tentative date. In response to Mr. Daly's request for ten years, Mr. Kueny replied that considering the magnitude of the project, staff would consider the term of any Tentative Map for the property to expire ten years after its approval instead of seven years. Minutes of the City Council Moorpark, California Page 12 January 23, 2002 The City Council concurred with Mr. Montes' statement that the modification to 10 -years should then appear in Section 5.4, per the Government Code Section cited above. Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 277. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 277. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Harper seconded a motion to declare Ordinance No. 277 introduced for first reading. The motion carried by unanimous voice vote. F. Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue / Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty. (Continued Open Public Hearing from City Council meeting of January 16, 2002.) Staff Recommendation: 1) Accept public testimony and close the public hearing; 2) Adopt Resolution No. 2002- denying CPD No. 2000 -02 without prejudice, or accept the applicant's request for withdrawal. Ms. Traffenstedt gave the staff report. Joe Ahearn, 484 E. Los Angeles Avenue, Suite #214, spoke on behalf of the applicant. He stated that Jack -in- the -Box has withdrawn its application. He addressed the history of the site and the service station access conditions. He requested the opportunity to work with staff on the project rather than going back to the Planning Commission. In response to Mayor Hunter, Mr. Ahearn replied that the redesign would not include a fast food drive- r. , Minutes of the City Council Moorpark, California Page 13 January 23, 2002 through. He explained that he has one tenant who wants all of downstairs and that a separate building could be designed in place of the Jack -in- the -Box. In response to Mayor Hunter's recommendation that the applicant work with staff, Mr. Montes stated that the application has been withdrawn and the only action that could be taken by the City Council would be to take no action. CONSENSUS: It was the consensus of the City Council to take no action. 13. CLOSED SESSION: Mr. Kueny announced that the City Council would be going into Closed Session for discussion of Items 13.B., 13.F., and 13.G. on the agenda. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to Closed Session for a discussion of two cases under Item 13.B. and Items 13.F. and 13.G. on the agenda. The motion carried by unanimous voice vote. The time was 8:13 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Director of Administrative Services, Director of Community Development, Director Of Community Services, and Director of Public Works. G. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 AT THIS POINT in the meeting a recess was declared. The time was 8:13 p.m. The Council reconvened into Closed Session at 8:20 p.m. Minutes of the City Council Moorpark, California Page 14 January 23, 2002 Present in Closed 'Session were Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 8:25 p.m. after discussion of one case under Item 13.B. Joseph Montes, City Attorney, announced that a settlement had been reached between the City and Charles Abbott & Associates regarding claims arising out of the Spring Road Bridge project. He stated that pursuant to the terms of the settlement, Charles Abbott & Associates admits no liability, but has agreed to pay the City $500,000. He further stated that the City has agreed to assign to Charles Abbott & Associates any and all claims the City may have against the geotechnical firm on the project. The City Council reconvened into Closed Session at 8:26 p.m. Joseph Montes, City Attorney, left the meeting at 8:38 p.m. following discussion of one case under Item 13.B. The City Council reconvened into open session at 9:10 p.m. Mr. Kueny stated that there was no action to report and that one case under Item 13.B. and Items 13.F. and 13.G were discussed. 14. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:10 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk