Loading...
HomeMy WebLinkAboutMIN 1992 0212 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California 00123 February 12, 1992 A Special Meeting of the City Council of the City of Moorpark was held on February 12, 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 6:50 p.m. Present: Councilmembers Montgomery, Perez, Talley, Wozniak and Mayor Lawrason Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney In response to questions, Me. Kane gave a status of the motion by Moorpark Unified School District (MUSD) attorneys (Bergman & Wedner) to recover attorneys' fees and costs on the City vs. MUSD (Casey Road, Naylor Case). She also questioned their ability to recover filing fees and stated that she would discuss the motion with the Council in Closed Session at the regular meeting on February 19, 1992. 2. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to go into 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. Southern California Edison, et al K. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54956.8. L. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. Minutes of the City council Moorpark, California Page 2 3. 4. 00124 February 12, 1992 M. Negotiation for Real Property at the Moorpark Community Center site pursuant to Government Code Section 54956.8. The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 7:00 p.m. Mr. Kueny stated that there was no action to report out of Closed Session and only Item 2.L. had been discussed. AT THIS POINT IN the meeting a recess was declared. The time was 7:00 p.m. Mayor Lawrason called the meeting back to order at 7:17 p.m. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the pledge of allegiance. ROLL CALL: Present: Councilmembers Montgomery, Perez, Talley, Wozniak, and Mayor Lawrason. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Don Reynolds, Management Analyst; Charles Abbott, Engineer; Lillian E. Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk 5. PUBLIC COMMENT: Mayor Lawrason introduced the representatives from the Resource Management Agency of the County of Ventura and they addressed the Council first under public comment. Gene Kjellberg and Nancy Settle, County of Ventura, Resource Management Agency, 800 S. Victoria Avenue, Ventura, provided an update on the agricultural program within the County. Mr. Kjellberg outlined the activities and issues that the Agricultural Land Trust Advisory Committee will be addressing in 1992 and the role of the Local Area Formation Commission (LAFCO) in this matter. Connie Lawrason, 4291 Ambermeadow Street, provided a report on the February 11, 1992 meeting of the Citizens Transportation Advisory Committee. She said the main topic was the Americans with Disabilities Act and an update on the paratransit and intercity transit study was provided to the committee. John Newton, 4410 Summerglen, spoke representing the Chamber of Commerce. He passed out information regarding the Economic Development section of the General Plan Update and indicated that this is not for decision - making this evening, but is a follow -up to the presentation that he and Dr. Abrams made to the Council at a previous meeting. He said this information is a result of continued interest in providing input to the Economic Development section to the General Plan Update. He said the 00125 Minutes of the City council Moorpark, California Page 3 February 12, 1992 submittal they made to the final environmental impact report (goals and policy statements) is still valid. He highlighted the Chamber's proposed changes to Goals 13, 14 and 15 and the Economic Development Implementation section. He said the Chamber would be happy to respond to questions after the Council has an opportunity to review the provided information. Ms. Kane raised a point of procedure. She said that under the Council's own rules of procedure public testimony on a public hearing item is not taken during the public comment period. She said the public hearing on the General Plan Update was closed on Saturday, February 8, and it is not appropriate to be taking any comment from the public as it relates to the General Plan. In response to Councilmember Montgomery, Ms. Kane said under the Council rules of procedure Mr. Newton's testimony should have been heard during the public hearing. She said once you have closed the public hearing that action indicates you are taking no more testimony from the public. Councilmember Montgomery asked "if it is not testimony, but merely information that the public wishes to share with the Council, is it not allowed, recognizing it will not go on the official public record of the hearing ?" Ms. Kane stated that the whole idea of a public hearing is to bring forth information that members of the public think your body should consider in making its final determinations. She said it's not a matter of how you classify what is being said, if it's information that is being given to you to consider in your deliberations, then it falls within the scope of a public hearing. Councilmember Montgomery asked how the City Attorney would recommend the Council obtain information which it deems necessary upon which to make decisions subsequent to the closing of the public hearing. In response to Councilmember Montgomery, Ms. Kane said that at the time YOU closed the public hearing you have reached the determination that you have adequate information to begin deliberating the merits of the item. She said if it is your determination that you don't have adequate information, then you would not be closing the public hearing. Councilmember Montgomery continued by asking what recourse was available if a determination were subsequently made that the Council wanted additional information that was unknown at the time the public hearing was Closed. Ms. Kane indicated that the public hearing would need to be reopened and notice readvertised so that the public would know that further testimony was being taken. In response to further questions from Councilmember Montgomery, Ms. Kane said the City's exposure to liability is a challenge to the final decision regarding the General Plan based upon the fact that there were procedural defects in the decision. Mr. Talley said during the public hearing portion of the General Plan Update process, Mr. Newton and Dr. Abrams spoke regarding the information presented today and requested the opportunity to submit the information in written form, further refined, at a future date. He said the Council agreed by consensus to allow that later submittal. 00126 Minutes of the City council Moorpark, California Page 4 February 12, 1992 Me. Kane said with respect to an assessment of that action, the public hearing has been open and has been continuing for many weeks and the fact that information is being brought to you at the last moment and not in a complete form is not a defense to the fact that it should have been filed with you during the public hearing. Councilmember Montgomery responded that he felt it is entirely within the Council's "jurisdiction and authority" to make the determination that the public has the right to speak its mind. Barbara Shultz, 116 Sierra Avenue, spoke regarding a drainage problem from Gisler field. She indicated that water is draining through her yard and she has had difficulty finding sandbags to stop the water. She requested help in resolving her drainage problem. Ivadel J. Sandoval, 210 Sierra Avenue, supported the comments made by Ms. Schultz and said the drainage in the area of Gisler field needs to be corrected. Mela Kano, 148 Sierra Avenue, stated that she has water in the interior of her home due to the situation in the vicinity of Gisler field. She said the Fire Department has been helpful, but she feels the Mr. Macleod, owner of the Gisler field property, is responsible for the damage being done to the surrounding homes. Councilmember Perez said the City will assist to the extent that it can. Councilmember Talley said he has viewed the situation and there is a definite drainage problem with the Macleod property -- it ponds and does not go to a storm drain. He said the owner needs to review the situation and correct it. In response to Mayor Lawrason, Mr. Kueny said the City's responsibility is to protect public property if it is threatened and in that instance, the City would go onto private property to protect the public property. He indicated that this situation is between two private property owners. He said historically, public agencies try to make sandbags available to private property owners to help them with flooding situations. Mr. Talley requested that City staff be prepared to help the public when they call City Hall looking for where to obtain sandbags. Mr. Wozniak commented that it would be in the City's best interest to call Mr. Macleod on behalf of these residents. Ethel Sulkis, 270 Sierra Avenue, mentioned an advertisement she saw for an individual who will assist in the removal of water from carpeting. She also spoke regarding the rate increase for Ventura County Cablevision. She requested the City send a letter of objection to the telephone company or proper agency protesting the rate increase to pay for undergrounding of cable in the Oakland, California area. Eloise Brown, 13193 Annette Street, spoke regarding the presentation given by County representatives this evening regarding agricultural lands. She said her letter of dissent which was written while she sat on the Beyond the Year 2000 Committee should be considered when the Council is making 00127 Minutes of the City council Moorpark, California Page 5 February 12, 1992 agricultural determinations. She also expressed concern about the General Plan process, saying that the Council's Affordable Housing Committee should not meet with developers to discuss specific land use changes with respect to the General Plan update. She requested the Council investigate the process to make sure determinations are not being made at the committee level. Councilmember Perez said he acknowledges Mrs. Brown's concerns but that he has questioned the City Attorney in the past and feels confident that proper procedure is followed with regard to his participation on the Affordable Housing Committee. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding the drainage from Gisler field. AT THIS POINT in the meeting, Mayor Lawrason declared a brief recess. The time was 8:35 p.m. The meeting reconvened at 9:00 p.m. Councilmember Perez made a statement that he does not now nor ever has derived financial benefit as a Board Member of Cabrillo Economic Development Corporation (CEDC) therefore there is no conflict of interest per the Political Reform Act, and that in the past he has abstained from Council issues directly related to CEDC out of concern with avoiding any appearance of impropriety. He said regarding the General Plan Update process and his role on the Affordable Housing and Community Development Committees, he has met with CEDC regarding four specific parcels, one of which was never part of the General Plan Update process. He said CEDC is not engaged in any negotiations regarding the General Plan Update. He said CEDC's submittal of an RFP to MUSD was public knowledge and was made subsequent to the City's formal settlement offer to the school district. With these facts before the Council he said doesn't believe there is an issue of conflict of interest or any impropriety on his part and he is looking forward to continuing his participation in the General Plan Update process. 6. PUBLIC HEARINGS: 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 -11. (THE PUBLIC HEARING WAS CLOSED 2/8/92.) Debbie Traffenstedt gave the staff report. In response to Mayor Lawrason, Ms. Traffenstedt clarified that the shaded text incorporates staffs' comments and the City Attorney's comments on each item and does not include prior changes from the Planning Commission. She clarified that Planning Commission comments were Attachment 2 to the first public hearing staff report that the Council received. It begins with numbered page 106. By consensus, the Council made the following changes and /or requests for revisions to policies of the Land Use Element: The definition of "Goals" will be changed to read as follows: "A goal is a statement of a value or quality desired by the Community and is abstract by nature. Goals express an ideal future state or condition 00:12'; Minutes of the City council Moorpark, California Page 6 February 12, 1992 within the community and set the direction of future development. Goals are generally not quantifiable, time - dependent or suggestive of specific actions for achievement." The fifth bullet in the last grouping of bullets on page 9 should read, "preservation of important natural features, agricultural areas and visually prominent hillside areas." The sixth bullet in the last grouping of bullets on page 9 will be rewritten by staff using similar language to Policy 6.4 on page 13. New Policy 1.4 will read as follows: "New development and redevelopment shall not adversely impact the existing and planned capacity of public facilities and services." Mayor Lawrason declared a brief recess to change the videotape. The time was 9:36 p.m. The Council reconvened at 9:37 p.m. New Policy 2.1 - staff to draft two policies: one to address criteria as far as timing and the second to express that the planning area is the area of interest and it is not the intent that the entire area of interest be the sphere of influence. Policy 3.2 - Staff will modify to include the language that residential projects of scale shall include variation of residential product types, lot sizes, and designs. Policy 3.1 - Councilmember Talley commented that the Planning Commission made a recommendation on this policy. Policy 4.1 - revise to read, "The residential character of identifiable neighborhoods shall be maintained by requiring adjacent new development to have compatible architectural, streetscape design, landscape, color and materials, building setbacks, and building heights." Policy 4.2 - to be deleted. Policy 4.3 - to be addressed later. Policy 5.3 - to be revised to read, "Natural and /or landscaped buffer areas shall be provided around and within residential projects to minimize land use conflicts and privacy impacts." Policy 7.3 - to be revised to read, "External cross - connections between commercial uses shall be provided so as to reduce the number of curb cuts and number of vehicle trips on adjacent roadways." Policy 7.4 - to be revised by staff. Policy 8.1 - to be revised to read, "New commercial uses shall be compatible in scale and character with all adjacent commercial uses." Policy 8.2 - to be revised to read, "Commercial development shall incorporate design features such as walls, landscaping and setbacks, and include height and lighting restrictions so as to minimize adverse impacts on adjacent uses..." Policy 8.3 - to be revised to read, "Automobile and truck access to commercial properties shall be located so as to minimize impacts to adjacent uses." 00129 Minutes of the City council Moorpark, California Page 7 February 12, 1992 Policy 9.1 - to be revised to read, "The visual character of the downtown commercial core shall be strengthened in order to attract a variety of commercial uses and to promote the economic viability of downtown Moorpark." Policy 9.3 - to be revised to read, "The establishment of a community meeting /marketplace in the downtown core shall be promoted." Policy 9.4 - to be revised to read, "A comprehensive plan for the downtown commercial core shall promote new commercial infill areas, park or recreational opportunities, public parking, and a potential multimodal transportation center." Policy 9.5 - to be revised to read, "The civic center shall remain in the downtown area to encourage the revitalization of downtown." Policy 9.6 - to be revised to read, "Public spaces and services shall be maintained to create an aesthetically and functionally welcoming environment." Policy 10.2 - to be revised to read, "Industrial uses shall incorporate design features, such as screen walls, landscaping and setbacks, and include height, and lighting restrictions so as to minimize adverse impacts to adjacent uses and to enhance the visual characteristics of the area. Policy 10.3 - to be revised to read, "Industrial uses shall be well maintained to enhance the visual characteristics of the area." Staff directed to also include this in the commercial land use area. Policy 10.4 - to be revised to read, "Industries which meet local, regional and state air and water pollution control goals and standards should be encouraged to locate within the City." Policy 10.5 - staff directed to draft a policy pertaining to enterprise zones (i.e., recycling). Policy 10.6 - staff directed to draft a policy to include non - polluting, non heavy metal industrial uses. Policy 11.1 - to be revised to read, "Farm land which has been identified as Prime and of Statewide Importance should be retained as an agricultural land use designation for as long as it remains economically viable within the City's Area of Interest." Policy 11.2 - to be revised to read, "When new residential development is adjacent to existing agricultural uses, a setback shall be provided to minimize compatibility conflicts." Policy 12.1 - staff directed to revise. Policy 12.3 - to be revised to read, "The city shall cooperate with the County of Ventura and other appropriate agencies in the siting of any future waste handling facility." Policy 12.5 - Staff will revise to read similar to "the city's current standard of maintaining maximum number of acres of parkland available consistent with the City's Open Space and Recreation Element to ensure that adequate passive /active parkland is provided in conjunction with future infill, redevelopment, and new development projects..." 00130 Minutes of the City council Moorpark, California Page 8 February 12, 1992 Policy 12.7 - to be revised to read, "Any proposed project shall be required to contribute its fair share of the cost of providing adequate public services and facilities." Policy 12.8 - staff directed to draft a policy to address the need to require parkland development from the industrial and commercial sector. Goal 13: - staff directed to review the input from the Chamber of Commerce for consolidation and inclusion in this section. Goal 14 - to be revised to read, "Establish land uses which are compatible with scenic and natural resources and which encourage environmental preservation." Policy 14.2 - to be revised to read, "New development shall respect, integrate with, and complement the natural features of the land." Policy 14.3 - to be revised to read, "New development shall not contribute to or cause hazardous conditions of any kind." Policy 14.4 - to be revised to read, "The flood control easement area adjacent to the Arroyo Simi floodway shall be preserved and enhanced as an important natural and scenic feature of the community." Policy 14.6 - to be revised to read, "Areas identified as significant aquifer recharge areas shall be protected and preserved." Policy 15.2 - to be revised to read, "Ecologically sensitive habitats shall be protected and preserved." Staff will draft added language for this policy. Policy 15.5 - to be deleted. Policy 15.6 - to be revised to read, "Commercial, industrial and manufacturing uses shall implement recycling programs to be consistent with the City's Source Reduction Recycling Element (SRRE)." Policy 15.8 - to be revised to read, "Development in significant hazard areas, which cannot be mitigated without resulting in significant adverse environmental impacts, shall be prohibited." Significant hazard areas" to be defined in a glossary within the document. Policy 15.9 - Staff directed to draft the language for a policy to address the establishment of and maintenance of trails and wildlife corridors. Goal 16 - to be revised to read, "Enhance and maintain the suburban rural identity of the community." Policy 16.2 - to be revised to read, "Hillside development standards shall be adopted which restrict grading on slopes greater than 20 percent and which encourage the preservation of visual horizon lines and significant hillsides as prominent visual features." Policy 16.3 - to be revised to read, "The overall density and intensity of development should decrease as the slope increases." Policy 16.4 - to be revised to read, "New residential development should complement the overall community character of the city, establish a sense of place, and ensuring compatibility with important existing local community identities." 00131 Minutes of the City council Moorpark, California Page 9 February 12, 1992 Policy 17.3 - to be revised to read, "Design standards should be established for City entryways on the south (Moorpark Freeway), east (SR- 118 freeway), north (Walnut Canyon Road and future SR -23 extension), and west (Los Angeles Avenue), which encourage landscape setbacks, sign monumentation and other special design treatments to enhance gateways to the city. Policy 17.6 - staff directed to add language relative to xeroscaping to this policy. Policy 17.7 - staff directed to review the language of this policy. Policy 17.9 - staff to review this policy for inclusion of language related to undergrounding. Policy 17.10 - to be deleted. Policy 18.2 - to be relocated elsewhere in the document. Policy 18.5 - to be revised to read, "Development in the downtown area should incorporate the careful use of compatible or similar construction materials and architectural style, so as not to detract from the integrity of historical features." PUB - Public /Institutional - staff directed to develop a policy statement wherever they deem most appropriate (i.e., residential or specific plan goal) which encourages this type of land use in the specific plan areas. Mr. Richards indicated that some changes would be necessary for zoning and general plan consistency. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to February 26, 1992 at 7:00 p.m. The motion carried by unanimous voice vote. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn back into Closed Session for a discussion of all items listed on the agenda under Item 2: 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. Minutes of the City council Moorpark, California Page 10 00 ;.32 February 12, 1992 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. Southern California Edison, et al K. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54956.8. L. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. M. 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 12:30 a.m. The Council reconvened into Closed Session at 12:33 a.m. Present in Closed Session were all Councilmember; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 12:44 a.m. Mr. Kueny stated there was no action to report out of Closed Session and only item 2.L. had been discussed. 7. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adjourn. The motion carried by nanimous voice vote. The time was 12:44 a.m. Paul W. Lawr son Jr., May