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HomeMy WebLinkAboutMIN 1997 1203 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California December 3, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on December 3, 1997 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:19 p.m. 2. PLEDGE OF ALLEGIANCE: Lillian Hare, City Clerk, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Deborah Traffenstedt, Senior Planner; John Nowak, Interim Economic Development Manager; Captain Mike Lewis, Sheriff's Department; Dirk Lovett, Assistant City Engineer; Lillian Hare, City Clerk; and Lisa Pope, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A surprise presentation of a plaque in recognition of her service as City Clerk was presented to Lillian Hare by the City Council. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT IN THE MEETING, the Council recessed to convene the Redevelopment Agency. The time was 7:25 p.m. The Council reconvened at 7 :37 p.m. 6. PUBLIC COMMENT: Robert Dearborn, 4426 Forestglen Court, addressed the council as the Moorpark High School Athletic Director. He indicated that the football team would be playing Carpinteria on Friday, December 5. He stated it would be a big event and this years '-` team had the best record in the history of Moorpark High. Eloise Brown, 13193 Annette, provided a report to the Council on the meeting of the Moorpark Mosquito Abatement District Commission. She also discussed the Annual Home Decoration Event sponsored by the Moorpark Arts Committee. Minutes of the City Council Moorpark, California Page 2 December 3, 1997 Bud Beers, 6891 N. Westwood, requested information as to when Caltrans would resurface Los Angeles Avenue and turn it over to the City. Mr. Kueny stated that he and the Mayor met today with the District Director of Caltrans. He stated that preliminary a agreement with Caltrans would have Caltrans pay the City and the City would in turn make the repairs. He stated interim patch work would not likely be done until the agreement with Caltrans is finalized. Gerald Goldstein, 11932 Los Angeles Avenue, discussed his belief that the police were unresponsive to him. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 8. PUBLIC HEARINGS: A. Consider Continued Public Hearing for Hidden Creek Ranch Specific Plan Project (Specific Plan No. 8 /Specific Plan No. SP -93 -1, General Plan Amendment No. GPA -93 -1, and Zone Change No. ZC- 93 -3), Applicant: Hidden Creek Ranch Partners (Last Public Hearing That Testimony Will be Taken on the Environmental Impact Report). Staff Recommendation: Accept public testimony, close the public hearing, and direct staff to prepare a draft resolution for EIR certification for City Council consideration at the December 10, 1997 meeting. Mayor Hunter discussed the process for the zone change amendment. Councilmember Wozniak stated he had received several calls regarding the development agreement. He explained that the Council Committee would merely provide a recommendation to the Council, then the agreement goes to the Planning Commission for review, and then to the City Council for a public hearing. He stated there would be ample opportunity for the public to comment on the development agreement. Ms. Kane stated there was no time limitation on the specific plan, development agreement or zone change. She discussed the permit streamline process. She stated the Council could not take action on the specific Plan, development agreement or zone change until the EIR was certified. She stated the EIR had to be certified by January 23, 1998 pusuant to an agreement with the developer. She stated the applicant could consent to extend the deadline. She discussed the possibility for addendums to the EIR. Minutes of the City Council Moorpark, California Page 3 December 3, 1997 In response to Councilmember Evans, Ms. Kane explained that when an EIR is certified, the entire document is approved. She said if there were portions the Council felt were inadequate, they would need to discuss those areas prior to certification. She stated if the Council decided not to certify the EIR, the document could be amended and brought back. In response to Mayor Hunter, Ms. Kane stated the mitigation measures as implemented would be sufficient to reduce the environmental impacts to a level of insignificance. She stated that certifying the EIR is no indication of whether the project should or should not be approved. She discussed the purpose of a statement of overriding considerations. At this point in the meeting, Mayor Hunter allowed Mrs. Dee Talley to speak because her speaker card had been overlooked. Dee Talley, 4291 Ambermeadow Street, invited the community to the American Cancer Society "Love Lights a Christmas Tree" on Dec 5. Ms. Traffenstedt gave a staff report. Dana Privitt provided a summary on carbon monoxide levels. She stated the analysis was redone using current emission standards. She stated that in the year 2010, the project would not cause the emission levels to exceed State or Federal standards. Eric Bergh, 2100 Olsen Road, addressed the Council as a representative from Calleguas Municipal Water District. He said he is available to answer questionss. Gary Austin, 959 South Coast Drive, Suite 490, Costa Mesa, addressed the Council as the representative for Messenger Investment Company. He said the Council has heard many comments and opinions in the five public hearings. He said when listening to the comments, the Council should ask themselves if there is 1) evidence, 2) expertise, and 3) how it is supported by analysis in the EIR. He stated CEQA requirements had been exceeded in that the EIR was circulated for 77 days, as well as holding 8 Planning Commission hearings and 5 City Council hearings. He thanked staff for their work and indicated that he supported the staff recommendation. In response to Mayor Hunter regarding the option to seek an extension of the January 23 deadline, Mr. Austin stated there has not been focused discussion on that but his Minutes of the City Council Moorpark, California Page 4 December 3, 1997 opinion is that he is philosophically opposed unless there is clear and compelling evidence from staff or the consultants of the need for an extension. In response to Mayor Hunter, Mr. Miller indicated that the original deadline had already been extended several times as provided for in the language of the agreement between the City and Messenger. Blair Webrand, 6445 Linville Court, addressed the Council in opposition to the project. He discussed the possible impacts the project may have on air pollution, traffic at the Collins intersection, wildlife in Happy Camp Park, Valley Fever, and the negative impact on quality of life in Moorpark. He urged the Council not to certify EIR. Lucy Migliore, 15522 Mallory Court, addressed the Council in opposition to the project. She discussed her concerns with forecasted traffic volumes, Valley Fever, and decreased air quality. Don Ulmer, 14851 Marquette Circle, addressed the Council in opposition to the project. He stated his concerns with population growth and the lack of a controlled growth plan for the City. He discussed population density and a crime index. John Etter, 2536 N. Marilyn Street, Simi Valley, addressed the Council in opposition to the project. He discussed the possible increased trash volume caused by the project and the need for a new landfill. He suggested holding an election on the matter. Rick Humphreys, 6908 Lafayette Street, addressed the Council in opposition to the project. He stated his concerns about having a road in Happy Camp Canyon Park, the ineffectiveness of the mitigation measures, the effect to the park and property rights. Carolyn Mallory, 6048 Fairview, Agoura, addressed the Council as a Moorpark Astronomy professor. She provided an overview of the astronomy courses at Moorpark. She discussed the light pollution that would result from the development of the project. Patty Perdigao, 15666 Harte Lane, addressed the Council in opposition to the project. She stated her concerns with Valley Fever, traffic, and the safety of neighborhood children. Art Lenox, 15654 Harte Lane, discussed the need for soil sampling or cleanup, and his concerns with carcinogens and Valley Fever. He stated he was available to answer any questions regarding the report he provided to the Council. Minutes of the City Council Moorpark, California Page 5 December 3, 1997 Bud Beers, 6891 N. Westwood, addressed the Council in opposition to the project. Debra Reyono, 4458 Cedarglen Court, addressed the Council in support of the project. She urged Council to approve the EIR and move ahead with project. She stated the project would fulfill the need for affordable housing, bring open space under City control and provide hiking trails. Judith Roller, 15784 Milne Court, spoke in opposition to the project. Margaret Kirnig, 10725 Citrus Drive, addressed the Council as a member of the Environmental Coalition. She stated the Ventura County General Plan designates the project site as open space and that would preclude urban development. AT THIS POINT in the meeting a recess was declared. The time was 9:17 p.m. The Council reconvened at 9:35 p.m. Bruce Thomas, 12494, Beechgrove Court, addressed the Council in support of the project. He s 'Cated he thought Hidden Creek was included as part of the General Plan build out to 42,500. He recommended certification of the EIR. He discussed the positive personal qualities of Gary Austin and Jeff Gordon. Harvey Plaks, 4957 Mira Sol Drive, addressed the Council in support of the project. He stated the development would better the community. Linda Plaks, 4957 Mira Sol, addressed the Council on behalf of the Moorpark Chamber of Commerce. She urged Council to approve the EIR. She stated the business community needed the growth. She stated there were possible solutions to the possible light problem at the observatory. Eloise Brown, 13193 Annette Street, addressed the Council in support of certifying the EIR. Stephen Sill, 12329 Arbor Hill, addressed the Council in support of the project. He stated the traffic problems can and will be mitigated. He stated it was the Council's responsibility to fulfill the growth potential in the community and progress to the betterment of the whole community. He stated he was certain that the County would approve the project if not approved under City control. Lori McGee, 6590 Marquette Street, #B, addressed the Council in support of the project. She stated the project would span over 20 years and was well thought out. She Minutes of the City Council Moorpark, California Page 6 December 3, 1997 urged the Council to approve the EIR and move forward with the project. Paul Kurzeka, 1000 Town Center Drive, Oxnard, addressed the Council as a representative of the Vivian Lundquist Trust. He stated his support for the project because it would be in the best interest of Moorpark to have planned growth and development. Elaine Freeman, 2509 E. Thousand Oaks Blvd., addressed the Council as a representative for Urban Strategies. She stated there was adequate information provided to certify the EIR and certification did not bind the Council to approve the project. Tim Saivar, 15594 Mallory Court, addressed the Council in opposition to the project. He stated the EIR was not complete due to many unresolved environmental impact issues including the Collins /Campus Park Drive intersection. Jim Stueck, 4767 Elderberry Avenue, addressed the Council as a member of the Chamber of Commerce. He read comments from Dr. Schwartz and Christine Hester supporting the project. He stated Messenger Company had been generous to the Boys and Girls Club. Janet Murphy, 15308 Seitz Court, addressed the Council as a member of the Environmental Coalition (EC). She stated the EC recommended that Council direct staff to prepare a resolution to not certify the EIR. Dawn Mortare, 6239 Seabiscuit Place, addressed the Council as a member of the Environmental Coalition. She stated their opposition to the project. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council as a representative of the Environmental Coalition. She stated the EC has suggested alternatives to the project and the applicant has declined to include them in the EIR as alternatives or mitigation measures. She stated there has not been a study of the wildlife corridors in Hidden Creek. She urged Council to not certify the EIR. In response to Councilmember Evans, Ms. Mikos stated there were about 25 Moorpark members in the Environmental Coalition. Daniel Raskin, 6894 Chapman Place, addressed the Council in opposition to the project. He stated the Griffith Park observatory in Los Angeles was not functioning because of the lights and was concerned about the impact the project would have on the Moorpark Observatory. Minutes of the City Council Moorpark, California Page 7 December 3, 1997 Lisa Dragan, 15382 Braun Court, addressed the Council in opposition to certification of the EIR. She discussed her concerns with Valley Fever and air quality standards. She requested the EIR be recirculated. Ms. Hare stated that 21 written statement cards in opposition to the project were received. She summarized the concerns to include traffic, air pollution, noise, quality of life, health concerns, financial impacts, impacts to the mountain lions habitat, Valley Fever, contaminated soil, smog, and impacts to the observatory. The following written statement cards were received in opposition to the project: Jean Conrad, Moorpark Thomas Roller, Moorpark Mary Ellen Gilbert, Moorpark Don and Evelyn Meredith, Moorpark Danny and Edna Schlee, Moorpark Murray Feig, Moorpark Suzanne Wilson, Moorpark Louis Santor, Moorpark Andy Crittended, Moorpark Liselotte Bump, Moorpark Susan Laury, Moorpark Diane Crittenden, Moorpark Carl Laury, Moorpark Alisse Weston, Ventura Patrick Day, Moorpark Marlena Day, Moorpark Tommie Eldon Gollihugh, Moorpark P. Banks, Moorpark Laua Welch, Moorpark Tim Welch, Moorpark Tom Halpin, Simi Valley Gary Austin, Messenger Investment Company, thanked the speakers and staff. Councilmember Teasley said she would abstain from voting until she received a response from the Fair Political Practices Commission regarding a ruling on whether she had a possible conflict of interest. Councilmember Evans said he did not oppose keeping the public comment period open. Councilmember Wozniak stated he was concerned with moving forward on the EIR without having a specific plan in conjunction with it. He stated the City Council had the duty of deliberating on the certification of the EIR and could not do so if the public hearing remained open. He Minutes of the City Council Moorpark, California Page 8 December 3, 1997 supported closing the public hearing. Councilmember Perez concurred with Councilmember Wozniak that the Council needed to begin deliberations. Mayor Hunter supported closing the public hearing because it did not preclude the public from submitting comments. Mayor Hunter closed the public hearing. Ms. Kane emphasized that the public could only submit new, significant information for the Council to consider. She stated she would provide information from court decisions explaining what an adequate EIR was and what was necessary to consider for certification. In response to Councilmember Wozniak, Ms. Kane stated that information that the Council requested of speakers at tonight's hearing could still be submitted for Council consideration. In response to Mayor Hunter, Mr. Kueny stated December 10 had been reserved for further consideration of this item. -- MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to close the public hearing and continue the item to December 10. The motion carried by voice vote 4 -0, Councilmember Teasley abstaining. 9. PRESENTATIONS /ACTION /DISCUSSION: None. 10. CONSENT CALENDAR: None. 11. ORDINANCES: A. Second Reading of Ordinance No. 240, Adding Chapter 8.52 to the Moorpark Municipal Code Relating to Storm Water Quality Management. Ms. Kane read the title MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to waive further reading and read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to declare Ordinance No. 240 read for the second time and adopted as read. The motion carried by unanimous voice vote. Minutes of the City Council December 3, 1997 Moorpark, California Page 9 12. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to adjourn to Closed Session for discussion of Items C and F.1. as listed: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 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) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Manager, Director of Community Development, Director of Community Services, Public Works Director, Chief of Police, City Engineer, and City Attorney D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Southern California Edison, et al E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) AB Properties vs. Ronald F. Miller, Doris E. Miller, and City of Moorpark F. PUBLIC EMPLOYEE APPOINTMENT 1 - City Clerk 2 - Assistant City Manager The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Council recessed. The time was 10:52 p.m. The Council reconvened into closed session at 10:55 p.m. Present in Closed Session were all Councilmembers and Steven Kueny, City Manager. The Council reconvened into Open Session at 12:10 a.m. Mr. Kueny stated only Items C, City Manager performance evaluation, and F.1. were discussed and there was no action to report. Minutes of the City Council Moorpark, California Page 10 December 3, 1997 13. ADJOURNMENT: MOTION: Mayor Hunter adjourned to meeting at 1 :10 a.m. ATTEST: Deborah S. Traffe edt, City Clerk trick Hurter, Mayor