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HomeMy WebLinkAboutMIN 1990 1024 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California October 24, 1990 An Adjourned Meeting of the City Council of the City of Moorpark was held on October 24, 1990 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order by Mayor Perez at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Montgomery led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Brown, Harper, Lawrason, Montgomery and Mayor Perez Steven Kueny, City Manager; Pat Richards, Director of Community Development, Mary Gayle, Acting City Attorney; Phil Newhouse, Director of Community Services; Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: MOTION: Mayor Perez moved and Councilmember Lawrason seconded a motion to continue Items 10.A., 11.A., 11.D., 11.E. and 11.F. to the next regularly scheduled City Council meeting of November 7, 1990. The motion carried by unanimous voice vote. 9.A. Consider Carlsberg Specific Plan. AT THIS POINT IN THE MEETING, the City Council took a recess to review information that had been received late from the applicant for consideration of the Carlsberg Specific Plan. The time was 7:35 p.m. The meeting reconvened at 8:10 p.m. Mayor Perez stated that the Public Hearing remains open for the Carlsberg Specific Plan. Minutes of the City Council Moorpark California 2 October 24, 1990 Mr. Richards reminded that the Public Hearing is closed with regard to the Environmental Impact Report and that there are two resolutions and an ordinance being presented for Council consideration. One of the resolutions is to certify the EIR, the second one is to approve the Carlsberg Specific Plan and the Ordinance is to adopt the community design plan and the development standards as described in the Carlsberg Specific Plan. Mr. Richards continued by saying that the ordinance is intended to establish a source of authority for the City to have for guidelines for this Specific Plan. Mary Gayle, Acting City Attorney, recommended that this ordinance go back to the Planning Commission to begin the formal process of adoption. Mr. Richards stated that the ordinance is in effect creating a zoning standard for this area. The Planning Commission would have 45 days to render a decision and to hold the public hearings in accordance with State law. Mr. Richards stated that there are several items in the Specific Plan that need addressing by the City Council, including but not limited to, roadway design and consideration of the mitigation measures in the EIR. Mayor Perez opened the public hearing. Ron Tankersley, 2800 28th Street, Santa Monica, spoke representing Carlsberg Financial Corporation. He apologized for the tardiness of the information given to the Council and to City staff. He said this document contains a summarization of what Carlsberg Financial Corporation considers to be the major outstanding issues in the Specific Plan. He requested that this document be entered as part of the public record. Mr. Tankersley addressed the following as being the major issues: a. The question of the residential component of the project must be resolved. He said the funding of the infrastructure has to be resolved at this meeting. It cannot be deferred to a future date. b. Tierra Rejada Road Widening - The Specific Plan has failed to address the $2 million for the widening. Minutes of the City Council Moorpark California 3 October 24, 1990 C. Need consistency in defining what t lot use will be. He said the use of acre as shown in Exhibit 7 should with the use of the words in the document. d. The Spring Road configuration finalized. :he residential gross unit per be consistent Specific Plan needs to be e. Grading exhibit needs to be corrected in the document. The elevation on the northeast corner is 10 feet higher than reflected in their study. f. The scope of the proposed landscape plan has not been resolved and finalized in the Specific Plan. He outlined the following: (1) What is the gateway treatment going to be relative to landscaping? Carlsberg recommended removal yet they still find it in the document. (2) A finalization of the landscape criteria of the Tierra Rejada Road needs to be accomplished -- natural setting or a screening type setting? (3) The design, treatment and number of entry treatments need to be clarified. In the exhibits they should be viewed and labeled as examples not final versions. g. Freeway signage and what form it should take is another matter to be resolved. Mr. Tankersley recommended that the City Council take steps to increase the residential component of this plan to incorporate 700 -725 units for the residential component and direct staff to incorporate the changes that he has outlined into the document. Allen Camp, One Boardwalk Avenue, Thousand Oaks, spoke as Carlsberg's legal counsel. He reminded that the Environmental Impact Report was circulated to all public agencies for their input and the Moorpark Unified School District responded to the EIR stating that there was a finding of insignificant impact on the schools. Minutes of the City Council Moorpark California 4 Mr. Camp itemized the discussion: October 24, 1990 following items as points of a. He indicated that Carlsberg objects to the item on page 73 where staff has suggested: "a) Delete Section No. 1 - Large Lot Tentative Tract Map b) Add to Tentative Tract verbiage - and other City Ordinances, resolutions, policies and regulations" He added that to finance the infrastructure of this project, loans will be secured. To obtain a loan on the property will require evidence of their willingness to pay. If they have one big parcel, it is more difficult for them to achieve financing than if they have land parceled for development. b. Timing - Mr. Camp expressed disagreement with the City Attorney and the Director of Community Development that the ordinance portion must be sent back to the Planning Commission for their review and public hearing process. He said time does not allow for that to happen. He requested reconsideration of the ordinance review process. He stated that if this was not done, he would consider it a breach of good faith. C. Mr. Camp stated that the Specific Plan is not in a condition to be adopted by the Council. He continued by saying that the Council should direct PBR and City staff to refine the Specific Plan and bring it back for Council approval on or before October 31. Edward Albert, 4007 Weeping Willow, expressed concern that if the developer of this project is not allowed to build what he wants, the citizens of Moorpark will be penalized for it by higher taxes to pay for public improvements. Pat Basso, 3940 Southhampton Road, inquired about the school site that is now zoned for 33 dwelling units. Councilmember Montgomery clarified that if the school is built on that site, the 33 dwelling units will not be built. Minutes of the City Council Moorpark California 5 October 24, 1990 Mary Gayle suggested that the City Council adjourn to Closed Session. MOTION: Councilmember Lawrason moved and Councilmember Harper seconded a motion to adjourn into Closed Session to discuss potential litigation. The motion carried 4 -1, Councilmember Montgomery dissenting. The City Council adjourned to Closed Session at 9:20 p.m. Present in Closed Session were all Councilmembers, Steven Kueny, City Manager; Mary Gayle, Acting City Attorney; and Pat Richards, Director of Community Development. The meeting reconvened into Open Session at 9:31 p.m. Mr. Kueny stated there was no action to report out of Closed Session. Mayor Perez reopened the public hearing. Councilmember Harper requested that the report from Mr. Agajanian, of Agajanian Associates, regarding the Feasibility Analysis become part of the public record. Mr. Camp stated that a developer agreement between Carlsberg Financial Corporation and the City is a good idea. He said the public's interest can be protected with respect to infrastructure development in such an agreement. Councilmember Harper expressed his concern that it would be unwise for the Council to move ahead with the approval of the Specific Plan without the drafting of a developer agreement and the assurance of the financing of the infrastructure. Mr. Kueny stated that the points that are still outstanding could be addressed in the Specific Plan without the need for a developer agreement. Mary Gayle said a time extension would be needed if a developer agreement is to be formulated. Mr. Camp said the Carlsberg Financial Corporation will not honor a time extension. He continued by saying that the specific plan is nothing more than a zoning plan. The document is creating a zoning code unique to the Carlsberg property. He said the only reason a developer agreement has relevance is that it allows "fine tuning" Minutes of the City Council Moorpark California 6 October 24, 1990 and allows the City to secure conditions that otherwise might not be agreed upon. The approval of the specific plan is the first step. MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adopt Resolution No. 90- 713 to certify the final environmental impact report for the proposed Carlsberg project. The motion carried by a 4 -1 roll call vote, Councilmember Harper dissenting. Councilmember Montgomery began discussion regarding the Specific Plan issues that are outstanding. Councilmember Montgomery asked for an example of a business that would be allowed under the proposed neighborhood retail designation and not under a business park designation. Mr. Richards responded stating that the best description is to consider that a business park designation may be the same as saying "light industrial ". Councilmembers Lawrason and Montgomery objected to the change to business park for this designated area on the south side of L. A. Avenue. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion to remove the commercial retail designation south of L. A. Avenue and east of Science Drive extension and replace it with Business Park designation. The motion carried 3 -2, Councilmembers Lawrason and Montgomery dissenting. Councilmember Harper stated that he would like to see a plan with less gross units per acre and that is more sensitive to leaving some of the existing topography in place. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to approve 5 gross units per acre in the center area of the project (Item E.). The motion carried 4 -1, Councilmember Brown dissenting. Minutes of the City Council Moorpark California 7 October 24, 1990 Councilmember Brown suggested that Spring Road retain its current configuration and that a pedestrian passageway be added to connect to the current bridge. In response to Councilmember Lawrason, John Knipe said this situation has not been reviewed yet by the City Engineer's office. Councilmember Lawrason stated that Science Drive should be encouraged to handle more traf f is and that Spring Road should remain a two -lane street. MOTION: Councilmember Brown moved and Councilmember Harper seconded a motion that Spring Road and Science Drive will remain two lanes with a pedestrian walkway to be built on either side of Spring Road bridge and reserving right -of -way for potential widening; a portion of Science Drive in front of the business park will be four lanes. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING, the Council recessed. The time was 11:20 p.m. The Council reconvened at 11:50 p.m. With the Council's indulgence, Allen Camp addressed the Council. He expressed his opinion and dissatisfaction with the decision that the City Council has made with regard to the land use for the proposed project. He stated that the Council is either unwilling or unable to reach a consensus. He stated that the Council's denial of the Specific Plan will have the consequences of personal liabilities, perhaps, and that the applicant will seek recourse in another direction. Councilmember Montgomery acknowledged that the denial will result in litigation and that the City of Moorpark may not win, but he will not support approval of the project. Councilmember Harper said he cannot support the Specific Plan. It has some flaws and an excessive amount of grading which would cause too much damage to the hillsides. He would support a modification to it that is more sensitive to the topography of the land. Mr. Harper appealed to the applicant to give the City of Moorpark an additional time extension to work out the developer agreement and to work with the City further to get the support of the Councilmembers. Mayor Perez closed the public hearing. Minutes of the City Council Moorpark California 8 October 24, 1990 MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to deny the specific plan without prejudice and direct staff to prepare a resolution of denial for consideration at a meeting prior to October 31. The motion carried 3 -2 by a roll call vote, Councilmembers Brown and Lawrason dissenting. 14. CLOSED SESSION: MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to adjourn into Closed Session to discuss all items on the agenda: A. Personnel. B. Potential litigation pursuant to Government Code Section 54956.9(b) (1) . C. Potential litigation pursuant to Government Code Section 54956.9(c). D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Moorpark Unified School District vs. City of Moorpark. \ F. Litigation concerning Ventura County Community College District vs. City of Moorpark. G. Litigation concerning the County of Ventura vs. City of Moorpark. H. Negotiations for Real Property on the North Side of Tierra Rejada Road East of Spring Road (Pacifica Corp.) pursuant to Government Code Section 54945.8. I. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. J. Litigation concerning Colonial Mortgage vs. the City of Moorpark. K. Negotiations of Real Property at 289 Casey road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. I Minutes of the City Council Moorpark California 9 October 24, 1990 L. Negotiations of Real Property on Los Angeles Avenue (East) pursuant to Government code Section 54945.8. The motion was carried by unanimous voice vote. The time was 12:25 a.m. The meeting reconvened into Closed Session at 12:45 a.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Mary Gayle, Acting City Attorney; and Pat Richards, Director of Community Development. Mr. Richards left Closed Session at 1:05 a.m. The meeting reconvened into Open Session at 1:50 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.B., 14.C., 14.E., 14.F., and 14.K. were discussed. 15. ADJOURNMENT: MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to adjourn to Tuesday, October 30, at 6:00 p.m. The motion carried by unanimous voice vote. The time was 1:55 a.m. Paul W. Lawra on Jr., Mayor ATTEST: