HomeMy WebLinkAboutMIN 1992 0129 CC SPCMINUTES OF THE CITY COUNCIL
Moorpark, California January 29, 1992
A Special Meeting of the City Council of the City of Moorpark was
held on January 29, 1992 in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Perez.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez,
Talley, Wozniak, and Mayor Lawrason.
Steven Kueny, City Manager; Pat
Richards, Director of Community
Development; Kathleen Mallory -
Phipps, Associate Planner; Charles
Abbott, City Engineer; Dirk Lovett,
Assistant City Engineer; Lillian
Kellerman, City Clerk; and Dorothy
Vandaveer, Deputy City Clerk
4. PUBLIC COMMENT:
A. Joseph Latunski, 289 Casey Road, spoke regarding
the fiscal responsibility of the officials of the
City and stated that the citizens should decide the
General Plan Update not just the City Council.
B. Connie Lawrason, 4291 Ambermeadow Street, expressed
concern about the traffic arms that block traffic
unnecessarily at the railroad crossings on Spring
Road and Moorpark Avenue. She indicated that this
evening traffic was blocked for 11 minutes. She
contacted the Watch Commander at the East Valley
Sheriff's Station and hopes someone in the City
will take a stand to correct the faulty arms.
Minutes of the City Council
Moorpark, California Page 2
5. PUBLIC HEARINGS:
January 29, 1992
A. Consider General Plan Update Land Use and
Circulation Elements Sphere of Influence Expansion
Study, and Environmental Impact Report (GPA -89 -1
and Zone Change 89 -1). Staff Recommendation:
Continue the public hearing and receive testimony.
Mayor Lawrason noted that the public hearing remains
open.
1. Joseph Latunski, 289 Casey Road, stated that
traffic problems are of utmost importance in
the consideration of the General Plan Update.
He encouraged all Moorpark residents to come
forward and give input to the Council
regarding this issue.
2. John Newton, 4410 Summerglen Court, said he
was available to answer questions.
3. Abe Guny, 7250 Walnut Canyon Road, clarified
that a portion of the proposed east /west
connector of the 118 bypass would go through
his property. As part of this negotiation, he
is requesting fair and equitable consideration
by having zoning assigned to his property that
would be in concert with designations assigned
to surrounding properties. He indicated that
if this rezone cannot be part of this General
Plan Update, he will apply for this to be
considered in March when the General Plan
Update process is complete.
4. Bob Wright, 145 Park Lane, stated his
opposition to the portion of the General Plan
Update which will affect his property. He
said it will damage his property by devaluing
it and splitting it diagonally with an
extension of Unidos Road. He said his
property would have two different land use
designations.
Minutes of the City Council
Moorpark, California Page 3
January 29, 1992
In response to Mayor Lawrason, Mr. Richards
clarified that the line on the map is intended
as an illustration from Unidos Avenue
(existing road) to a future road and is not a
definite proposed change to the General Plan
Update. He said there is no intent to bisect
Mr. Wright's property.
Mr. Wright also indicated that he did not
receive the first public hearing postcard
notice in time to attend the previous week's
meeting.
Councilmember Montgomery requested Mr. Wright
bring the notice to the next hearing if he
still has it.
5. Charles Schwabauer, 12681 Broadway, read a
letter from the Leavens Family stating they
want their property to be included in the
sphere of influence study. He said they are
interested in getting a road reserved on the
map to take the sand, gravel, cement and
asphalt truck traffic east and /or west and
south to connect to Highway 23, thus routing
and bypassing the agricultural and populated
areas of Fairview (Fruitvale Avenue) and most
of Moorpark. He continued by saying that only
part of this road is shown on Figure 2 of the
Moorpark Circulation Element and the rest of
the road, as proposed by Charles Schwabauer
and Dean Rasmussen, should be added so that
Quality Rock and Blue Star traffic is routed
from the plants to Highway 23.
6. Dennis Hardgrave, from Development Planning
Services (DPS) , 651 Via Alondra, Camarillo,
spoke representing the Levy Company. He
referenced a letter which was sent to the
Council by DPS on January 15. He provided the
following recommended changes:
Minutes of the City Council
Moorpark, California Page 4
Regarding Specific Plan No 1
January 29, 1992
(a) Page 5: Under land use mitigation
measures we recommend that the 25% open
space acreage within specific plans may
be dedicated to the city, the park
district, or an open space agency similar
to COSCO in Thousand Oaks.
(b) Page 32 of the draft EIR, Incorporated
Areas:
The first paragraph of this text implies
that portions of Specific Plan #1 are
classified as either Prime or Statewide
significant agricultural lands. Exhibit
6 of the EIR shows that neither Prime or
Statewide agricultural land is located
within Specific Plan #1. There is no
loss of agricultural land in this plan
area; therefore, there is not an adverse
environmental impact. The text should be
amended to correct this discrepancy.
(c) Regarding the interim 118 bypass freeway,
Mr. Hardgrave requested that the roadway
be moved 850 feet west of Buttercreek
Road. He said it would take care of the
traffic further west and would not impact
Specific Plan No. 1.
Regarding Specific Plan No 5:
(a) From an EIR point of view, one -third of
Specific Plan No. 5 is not prime
agricultural land based on the U.S.D.A.
soil analysis.
(b) DPS has an updated proposal for Specific
Plan No. 1 which includes:
(1) A signalized intersection at Los
Angeles Avenue west of Buttercreek
Road
(2) At -grade railroad crossing through
the Estes property
Minutes of the City Council
Moorpark, California Page 5
January 29, 1992
(3) Signalized intersection at Gabbert
Road and Poindexter to an overpass
or bridge at Walnut Canyon Road.
Mr. Hardgrave encouraged the City Council
to see the benefit of Specific Plan No. 1
as it has been designed and proposed. He
said it provides 1) key circulation
elements, 2) a downtown park and 3) an
opportunity to do an affordable and
higher priced mix of housing in the
community.
7. Gary Austin, 17512 Von Karman Blvd, Irvine,
gave an overview of the proposed development
alternatives for the Messenger property. He
said their alternatives are: 1) annexation of
their property to the City of Moorpark, 2)
develop in the County of Ventura, or 3)
approach the Local Area Formation Commission
(LAFCO) to be considered as a new city.
Mr. Austin presented two exhibits and
discussed each in detail. One represented the
alternative of annexation to the City and the
other represented the formation of a new city.
He indicated that Messenger Investment Company
favors annexation to the City. He said the
plan to annex would provide the following
benefits to the City of Moorpark:
a) Expanded tax base,
b) Open Space (1800 acres)
C) 250 -acre nature park
d) 27 -hole golf course
e) Equestrian community
f) Improved circulation
g) Wide range of residential product
h) A major component of the City's
affordable housing element
8. Bill Messenger, 17512 Von Karman, Irvine,
spoke as owner of Hidden Creek Ranch. He said
it is their objective to have the project
become part of Moorpark.
In response to Councilmember Montgomery, Gary
Austin said the annexation alternative would
allow about 4,800 dwelling units (1 dwelling
Minutes of the City Council
Moorpark, California Page 6
January 29, 1992
unit per acre plus a density bonus) resulting
in about 14,222 people at build out. It would
be similar density to the Wood Ranch
development in Simi Valley. If a new city is
formed it would have approximately 9,600
dwelling units (2 dwelling units per acre)
resulting in about 27,200 people. It would be
similar in density to the Peach Hill area of
Moorpark.
Mr. Austin responded to Councilmember
Montgomery by stating that they believe the
land will be annexed, but if it is not, they
will proceed to the next alternative with no
intention of harming the City of Moorpark, but
to pursue their rights to develop.
In response to Mayor Lawrason, Mr. Austin said
there is not sufficient information provided
now for LAFCO to be able to make a decision.
He said LAFCO would need to see a well -
developed circulation system, range of land
uses, indication of densities, information
relative to soil and geology studies on the
property.
Councilmember Talley asked how density numbers
for each specific plan are determined.
Mr. Richards clarified that the specific plan
numbers were reached during the General Plan
Update workshops and that the intent was
stated by the property owners.
AT THIS POINT in the meeting the Mayor declared a recess.
The time was 9:09 p.m. The Council reconvened at 9:29
p.m.
Councilmember Wozniak asked Gary Austin why
this issue is being presented now instead of
at the Planning Commission level. Mr. Austin
said the Planning Commission had a straw vote
regarding further investigation of specific
plans 4,5,6,7 and 8 and their decision was not
to consider the sphere study area.
Councilmember Perez stated his concern that
the proposed circulation may not be
significantly beneficial to Moorpark; that
Minutes of the City Council
Moorpark, California Page 7 January 29, 1992
there is not a clear definition of the
affordable housing to be provided; and that no
detailed information regarding the fiscal
benefit to the City has been provided by the
applicant.
Mr. Austin said the one mechanism to make
certain information is forthcoming and that
all expectations are agreed upon and met is a
development agreement.
9. Jim McGrath, 11015 Los Angeles Avenue, said
their property is included in Specific Plan
No. 6. Mr. McGrath requested that they not be
included in the City limits as they want to
remain agricultural as long as they can. In
response to Councilmember Montgomery, Mr.
McGrath said the 118 bypass could go through
their property, but he would like a buffer
zone of 500 yards and that the bypass should
be closer to the Edison easement. He also
indicated that they would like to be better
informed of the public hearings.
10. Jim Scaroni, 5740 W. Greentree, Somis, said
his property is located at the corner of
Walnut Canyon Road and Everett Street. He
requested a land use designation change to
very high density residential for this parcel
of land. He said his proposed project would
improve the property value and the
neighborhood significantly and would provide
affordable housing in downtown Moorpark. He
also commented that he is concerned that the
Hidden Creek Ranch project might extend the
General Plan Update process longer and he
would like special consideration so as not to
delay consideration of his application.
11. Del Suttle, 15527 Dracena Avenue, said the
most appropriate place for high density
designation is in the downtown area as long as
it is not clustered in one location. He also
commented that he was disappointed in the
conceptual plan presented by Moorpark Unified
School District at the January 22 hearing.
Minutes of the City Council
Moorpark, California Page 8
January 29, 1992
He stated his support of the McDonald's
proposed project and believes the ideal
location for the downtown park is the lower
ballfields on the Casey Road High School site.
Mr. Suttle expressed his support for
annexation of the property of the proposed
Hidden Creek project so the City will retain
control over development of the property.
12. Mitri Muna, 2654 Whitechapel Place, Thousand
Oaks, spoke about property located at Liberty
Bell and Los Angeles Avenue (west of Liberty
Bell and south of Los Angeles Avenue). He is
representing the owners of this property. He
requested that the Council support the very
high density zoning for the back portion of
this property and he agreed that Unidos Avenue
be extended through the property; however, the
owners do not want to be encumbered with the
cost of developing the street. The owners do
want access to their property from Los Angeles
Avenue to the commercial portion.
13. H. Rosekrantz, 22924 Bluebird Drive,
Calabasas, expressed his opposition to the
proposed diagonal road from Park Lane to
Millard. He suggested deleting the diagonal
line from the map.
14. Patty Waters, 10865 Broadway, spoke
representing Waters Ranches. She expressed
concern that certain goals and policies had
been deleted from the Draft Land Use Element
and that buffer zones must be allowed. She
commented on the following:
(a) Regarding Goal 11 - 200 feet is not a
sufficient minimum setback
(b) Regarding Comment 25.4 in the EIR - She
questioned the necessity for fencing.
(c) Regarding Comment 25.3 in the EIR, she
said agricultural land is not a holding
mechanism for urban development.
Minutes of the City Council
Moorpark, California Page 9
January 29, 1992
(d) She said equestrian trails located next
to agricultural land are not a compatible
use because horses carry disease which in
turn can invade the crops on adjacent
land.
(e) She expressed concern with the
development of Hidden Creek and does not
support it being developed out to 27,000
people.
15. Gerald Goldstein, 11932 Los Angeles Avenue,
spoke regarding the control of insect pests on
the equestrian trails.
With regard to the staff report, Councilmember
Montgomery commented that he disagrees with
the need for Unidos Avenue to be extended. He
also questioned why minor streets are shown on
the circulation element.
With regard to the location of equestrian and bike
trails, Councilmember Montgomery agreed with the
rewording as follows:
Page 18 of the Equestrian Facility Plan (Land Use
and Circulation Element) bullet item number 4:
"Equestrian trails and hiking trails are considered
compatible with bike paths where trails are wide
enough to accommodate bikes."
Councilmember Montgomery continued by saying Mr. Guny's
property is a matter yet to be dealt with and that the
118 bypass will not be a reality until this situation is
resolved.
Councilmember Perez said the bypass for State Route 118
is a benefit to the City and the ultimate obligation is
to make it happen as soon as possible. He continued by
saying he wanted additional staff response on how the
Council could move forward with properties that are not
part of the General Plan Update.
Mayor Lawrason confirmed that a packet of additional
information had been received from Pat Ellis, Unocal
representative. In response to Mayor Lawrason, Mr.
Richards said that Unocal chose not to participate in the
General Plan Update process.
Minutes of the City Council
Moorpark, California Page 10
January 29, 1992
Councilmember Talley requested a legal opinion regarding
the ramifications if the Council chooses to consider
alternatives that are of a lesser impact on the
environment than those outlined in the Environmental
Impact Report.
MOTION: Councilmember Montgomery moved and Councilmember
Talley seconded a motion to continue this item to a
special meeting on February 1, 1992 at 10:00 a.m. The
motion carried by unanimous voice vote.
6. CLOSED SESSION:
MOTION: Councilmember Talley moved and Councilmember
Montgomery seconded a motion to adjourn to Closed Session
for a discussion of all items listed 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 Ventura County Community
College District vs. City of Moorpark.
E. Litigation concerning the County of Ventura vs.
City of Moorpark.
F. Litigation concerning the Moorpark Mosquito
Abatement District vs. City of Moorpark.
G. Negotiations for Real Property at 280 Casey Road
(Moorpark Unified School District) pursuant to
Government Code Section 54956.8.
H. Negotiations for Real Property on Los Angeles
Avenue (East) pursuant to Government Code Section
54956.8.
I. Litigation concerning Conejo Freeway Properties,
LTD. vs. City of Moorpark.
J. Litigation concerning City of Moorpark vs. Camrosa
Water District.
Minutes of the City Council
Moorpark, California Page 11 January 29, 1992
K. Litigation concerning City of Moorpark vs. Pacific
Bell.
L. Litigation concerning City of Moorpark vs. Southern
California Edison Company.
M. Litigation concerning City of Moorpark vs. Shell
Oil Company.
N. Negotiations for Real Property for Arroyo Vista
Community Park pursuant to Government Code Section
54956.8.
O. Negotiations for Real Property on the South Side of
High Street (Southern Pacific /VCTC) pursuant to
Government Code Section 54956.8.
P. Negotiation for Real Property at the Moorpark
Community Center site pursuant to Government Code
Section 54956.8.
The motion carried by unanimous voice vote.
AT THIS POINT in the meeting a recess was declared. The
time was 10:38 p.m.
The meeting reconvened into Closed Session at 10:45 p.m.
Present in Closed Session were all Councilmembers, Steven
Kueny, City Manager and Richard Hare, Deputy City
Manager.
The meeting reconvened into Open Session at 11:05 p.m.
Mr. Kueny stated there was no action to report out of
Closed Session and only items 6.G. and 6.0. had been
discussed.
Minutes of the City Council
Moorpark, California Page 12
7. ADJOURNMENT:
January 29, 1992
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adjourn the meeting. The
motion carried by unanimous voice vote. The time was
11:05 p.m.
Paul W. L rason Jr., yor.
ATTEST:,.
— Lillian E. Kellerman, City