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Home My WebLink AboutMIN 1993 1129 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California November 29, 1993 A Special Meeting of the City Council of the City of Moorpark was held on November 29, 1993 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Hunter called the meeting to order at 7:12 p.m. ROLL CALL: Councilmembers Montgomery, Perez, Wozniak and Mayor Pro Tem Hunter. Absent: Mayor Lawrason Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to go into Closed Session under all items listed on the agenda. A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Moorpark vs. CalTrans (Case No. 123655). G. Litigation concerning City of Moorpark vs. Downs. H. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. I. Negotiations for Real Property on the North Side of Los Angeles Avenue and South Side of Poindexter Avenue contiguous to Mission Bell Plaza (Ken MacLeod). J. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. Minutes of the City Council Moorpark, California Page 2 November 29, 1993 K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Negotiations for Real Property - APN 514 -0- 362 -075 (Woodlief) pursuant to Government Code Section 54956.8. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. Present in Closed Session were all Councilmembers except Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Mr. Kueny stated that only Item K. was discussed and there was no action to report out of Closed Session. AT THIS POINT in the meeting Mayor Pro Tem Hunter declared a recess. The time was 7:21 p.m. The meeting reconvened into Open Session at 7:27 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Councilmembers Montgomery, Perez, Wozniak and Mayor Pro Ter Hunter. Absent: Mayor Lawrason Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Jaime Aguilera, Director of Community Development; Paul Porter, Senior Planner, Charles Abbott, City Engineer; Chris Oberender, Associate City Engineer; and Dorothy Vandaveer, Deputy City Clerk. 4. PUBLIC HEARING: A. Consider Amendments to the Carlsberg Specific Plan and Draft EIR, Amendment to Lane Use Element of the General Plan to Reflect Amended Land Uses, and Amendment of the City's Zoning Ordinance to Adopt Amended Land Use Regulations of Specific Plan as Zoning for the Property - Carlsberg Financial Corporation - Staff Recommendation: 1) Certify the Final EIR, and 2) direct staff as deemed appropriate regarding revisions to the Specific Plan. (Public Comment portion of the public hearing is closed.) Minutes of the City Council Moorpark, California Page 3 November 29, 1993 Mr. Porter and Mr. Aguilera gave the staff report. Mr. Aguilera noted that the Council had been provided a letter dated November 29, 1993 from Ron Tankersley of the Carlsberg Financial Corporation addressing issues of concern. Mr. Aguilera stated that the City Council may wish to consider waiving their rules of procedure to receive the late information. In response to Councilmember Montgomery, Mr. Kueny stated that this information will not become part of the public hearing record as it was information which the Council had solicited from the applicant after the close of the hearing. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to waive the City Council Rules of Procedure and accept the information for consideration at this time. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. In response to Mayor Pro Tem Hunter, Mr. Tankersley indicated that he did not have prepared remarks for the meeting, but was present to answer questions. Councilmember Perez requested a clarification on the active park site as it is proposed in Area C of the Carlsberg plan. Mr. Tankersley park site as cE location would total project description as Report. indicated the location of the proposed antrally located in Area C and said this give the least financial impact to the and would not change the land use provided in the Environmental Impact In response to Councilmember Montgomery, Mr. Tankersley also stated that if the 17 new lots are added for inclusionary affordable housing, the Environmental Impact Report will have to be modified to include this change. Mr. Tankersley also confirmed that the size of the active park would be approximately four or five acres, which increases the entire park acreage in the project from nine to fourteen acres approximately. Minutes of the City Council Moorpark, California Page 4 November 29, 1993 Councilmember Hunter expressed concern about the extent of grading to be done in Area D and questioned whether some of the affordable housing units could be placed in that area. Councilmember Montgomery stated that the proposed commercial area along the Tierra Rejada Road corridor is of concern and that he would like to see it located along Spring Road, or the east side of Science Drive adjacent to Tierra Rejada Road. Councilmember Hunter asked if there are any other sites other than Area C that can be considered for the proposed active park site. Mr. Kueny asked Mr. Tankersley if the southern area of Area C has been considered as a possible park site. Mr. Tankersley answered that they had not considered it as a site. Mr. Kueny continued by saying that the City Attorney has advised staff that in the Environmental Impact Report the location does not have to be specific in the EIR. In response to Councilmember Montgomery, Mr. Kueny clarified that language to allow for optional siting of the proposed commercial site could be included in the Specific Plan. Mr. Kueny cited the open space buffer zone location when the West Village portion of the City was being planned and developed as an example of a similar situation. Mr. Tankersley responded to Council question by stating that they had not provided a layout of the commercial site, but can provide that to Council if so desired. CONSENSUS: By consensus, the Council determined that they would like to have a layout of the commercial site provided as it would be proposed in three locations: the two sites east and west of Science Drive adjacent to Tierra Rejada Road, plus the third site at the Spring Road /Tierra Rejada Road intersection. Mr. Kueny recommended that the Council defer any action on the Environmental Impact Report at this meeting and wait until they are ready to act on the Specific Plan. Councilmember Montgomery summarized the direction he would like to see provided to staff as follows: Minutes of the City Council Moorpark, California Page 5 November 29, 1993 1) Request a new plan rendering similar to the colored one that was previously provided to Council based on the changes needed to include the new proposed sites for the active park; 2) direct staff to begin to design an initial draft of the development agreement and have it prepared at the time when they get focused on the approval of the specific plan; 3) request the applicant to provide preliminary layouts for the three commercial sites as specified earlier; and 4) direct staff to provide the language with regard to the "floating" (optional siting) commercial area. In response to Councilmember Perez, Mr. Kueny indicated that the formula and pricing of inclusionary affordable housing discussions can be included in the developer agreement discussions. Mr. Kueny indicated that the Council committee needs to bring the results of their discussions back to the full Council as part of that process. Councilmember Perez expressed his concern that the streetscape on the north side of Tierra Rejada Road remain as pleasing as possible as it is an entry corridor into the City from the east and that this be considered when the commercial site is discussed. Mr. Kueny requested clarification on the direction with regard to the park site. Councilmember Perez said a plan for both sites in Area C and Area D need to be considered. Mr. Tankersley said that within area C, Carlsberg can design whatever the City wants. Mr. Kueny indicated that if the situation exists that if the 17 additional lots are not approved as part of the final plan, then some of the housing in Area C could be moved to the site of those units. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to January 12, 1994 with the information requested this evening being brought back for consideration at that meeting. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. Minutes of the City Council Moorpark, California 5. ACTION /DISCUSSION: Page 6 November 29, 1993 A. Consider Revisions to the Cit 's Zonin r Ordinance - Cit Of Moorpark. Staff Recommendation: Review the revisions to the Zoning Ordinance. Paul Porter gave the staff report. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct staff to place this item on the City Council agenda of December 1, 1993 for the purpose of introducing the ordinance for first reading. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. 6. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to go into Closed Session for a discussion of all items listed on the agenda: A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. F. Litigation concerning Moorpark vs. CalTrans (Case No. 123655). G. Litigation concerning City of Moorpark vs. Downs. H. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. I. Negotiations for Real Property on the North Side of Los Angeles Avenue and South Side of Poindexter Avenue contiguous to Mission Bell Plaza (Ken MacLeod). Minutes of the City Council Moorpark, California Page 7 November 29, 1993 J. Negotiations for Real Property at 18 High Street (Abbott & Associates, Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Negotiations for Real Property - APN 514 -0 -362 -075 (Woodlief) pursuant to Government Code Section 54956.8. The motion carried by voice vote 4 -0, Mayor Lawrason absent for the vote. The time was 8:27 p.m. The meeting reconvened into closed Session at 8:38 p.m. Present in Closed Session were all Councilmembers except Mayor Lawrason; Steven Kueny, City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into open Session at 8:49 p.m. Mr. Kueny stated that item 6.I. (MacLeod) was discussed and that there was no action to report out of Closed Session. 7. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. The time was 8:50 p.m. Paul W. Lawrason Jr.,; ayor ATTEST: Lillian E. Hare, City O :. a 90 �4i