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HomeMy WebLinkAboutMIN 1998 0107 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 7, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on January 7, 1998 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7 :15 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by John Nowak. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Charles Abbott, _. City Engineer; John Brand, Senior Management Analyst; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Sheriff's Department; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; John Nowak, Assistant City Manager; Deborah Traffenstedt, City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to reorder the agenda by taking the Presentations /Action /Discussion Items 9.A., 9.B., and 9.C. and the Consent Calendar prior to Public Hearing Item 8.A. Minutes of the City Council Moorpark, California Page 2 January 7, 1998 6. PUBLIC COMMENT: None. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 9. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Comments to be Provided to Countv of Ventura on Modification No. 1 to Conditional Use Permit No. CUP - 4933, a Golf Course and Driving Range Project Proposed North of Tierra Rejada and East of State Route 23, Within the Moorpark Area of Interest. Staff Recommendation: Authorize the Mayor to execute a letter expressing opposition to the proposed project. Mr. Miller gave the staff report. Dr. Roseann Mikos, 14371 E. Cambridge Street, addressed the Council and expressed concern with loss of open space east of State Route 23 from City and County approved projects. She said her concern with the golf course was that there would be pressure to develop homes around the golf course and cumulative loss of open space from construction of the SDI Project and golf course. Councilmember Wozniak expressed his concern that the golf course would be growth inducing and stated that he concurred with the staff recommendation. In response to Mayor Hunter, Mr. Miller stated that the project was scheduled for a Ventura County Planning Commission public hearing on January 15. Councilmember Perez commented that the City should approach the Ventura Council of Governments (VCOG) or the County Board of Supervisors, directly, regarding the permitted uses in the open space zone, which is the real reason such projects are being approved. Mayor Hunter commented that he still felt that a Sphere -" of Influence expansion should be considered by the City. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to authorize the Mayor to sign a letter to the County Minutes of the City Council Moorpark, California Page 3 January 7, 1998 expressing opposition to the proposed project. The motion carried by voice vote 4 -1, Councilmember Evans dissenting. B. Consider Schedulinq a Town Meetinq for a Presentation on the Local Impacts of the 1998 Regional Transportation Plan Update, "Community Link 21 ". Staff Recommendation: Direct staff to schedule the meeting for a date selected by the City Council, and for the City Council to designate it as either a Community Meeting or a special meeting of the City Council, to allow for the participation of three or more Council members, consistent with the Brown Act. Mr. Brand stated that this item had been scheduled at the request of Councilmember Wozniak and he deferred to Councilmember Wozniak for further comment. Councilmember Wozniak provided clarifying information on the intent of the meeting, and stated that persons residing in Somis may also be interested in attending the meeting regarding the State Route 118 corridor. Councilmember Wozniak further recommended calling it as a special meeting to allow the Council to participate. Mr. Kueny clarified that after the meeting was called to order, there would be a presentation by the Southern California Association of Governments (SCAG). He further stated that the Council may want to consider the second and fourth Wednesdays in February as potential meeting dates. City Council discussion followed regarding the availability of Councilmembers to attend a special meeting the second or fourth Wednesday in February. CONSENSUS: By consensus, the Council determined to table this item until later in the agenda. C. Consider Authorization to Advertise for Bids for the Reconstruction of the Spring Road Bridge. Staff Recommendation: 1) Approve the plans and specifications for the subject project and 2) Authorize staff to advertise for receipt of bids. Mr. Gilbert gave the staff report. He stated that the first staff recommendation was revised to read as follows: Approve the plans and specifications for the Minutes of the City Council Moorpark, California Page 4 January 7, 1998 Spring Road Bridge Project, subject to minor changes to be approved by the City Manager related to the bike trail and federal grant requirements and other minor changes to the specifications. In response to Councilmember Teasley, Mr. Gilbert clarified that there would be no foot traffic allowed during the time that the bridge is closed for construction. In response to Mayor Hunter, Mr. Gilbert further clarified that the selected alignment for the new bridge is the same as the existing bridge; therefore, complete closure was required during construction. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to: 1) Approve the plans and specifications for the Spring Road Bridge Project, subject to minor changes to be approved by the City Manager related to the bike trail and federal grant requirements and other minor changes to the specifications; and 2) Authorize staff to advertise for receipt of bids. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to pull Item 10.G. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Regular City Council Meeting of December 3, 1997. Staff Recommendation: Approve the minutes as processed. B. Consider Resolution No. 98 -1422 Designating the Intersection of Mountain Trail Street and Cedar Springs Street a STOP Intersection and Directing the Placement of STOP Signs at ALL Entrances Thereto. Staff Recommendation: Adopt Resolution No. 98 -1422 directing the placement of STOP signs at all entrances to the intersection of Mountain Trail Street and Cedar Springs Street. -- C. Consider Bi- Weekly Budget and Finance Committee Meetings. Staff Recommendation: Concur with the scheduling of Budget and Finance Committee meetings, to occur on the first and third Wednesdays of each month at 5:30 p.m. Minutes of the City Council Moorpark, California Page 5 January 7, 1998 D. Consider the Use of City's Community Development Block Grant Contribution to Catholic Charities. Staff Recommendation: Extend the term of the 1996/97 contract from June 30, 1997, to December 31, 1997, and approve the addition of the salaries of a bilingual case aide to the CDBG proposal for 1997/98 to join reimbursement of the salary cost from 11 hours per week provided by the assistant case worker, and authorize the City Manager to execute a service contract reflecting these changes. E. Consider Releasing Surety Bond No. 43377635S for the Stockpile Work Located at the North West Corner of Tierra Rejada and Sprinq Road (Marketplace Properties) Staff Recommendation: Authorize the City Clerk to release Surety Bond No. 433776355 to Marketplace Properties in the amount of $35,000. F. Consider a Resolution Directing the Planning Commission to Study and Make a Recommendation Pertaining to Outside Seating Areas for Restaurants and Parking Requirements Relating to Such Areas. Staff Recommendation: Adopt Resolution No. 98 -1423 directing initiation of a Code Amendment pertaining to outside seating areas for restaurants and the parking requirements relating to outside seating. THE FOLLOWING ITEM was pulled from the consent calendar for individual consideration: G. Consideration of Resolution No. 98 -1424 Consenting to the Transfer of Operations Due to the Merger Between Ojai /Rubbish Control, Inc. and Republic Industries. Staff Recommendation: Adopt Resolution No. 98 -1424, consenting to the merger between Ojai /Rubbish Control, Inc. and Republic Industries, contingent upon the completion of all of the requirements for a transfer in the current exclusive Franchise Agreements, subject to final language approval by the City Manager and City Attorney, and to the final satisfaction and a determination of completeness by the City Manager. In response to Mayor Hunter, Mr. Brand explained that Ojai /Rubbish Control, Inc., is one of twc companies that operate under a Public Resources Code notification, are not one of the City's franchise haulers, and have no Minutes of the City Council Moorpark, California Page 6 January 7, 1998 known connection to any other hauling firm in Ventura County. In response to Mayor Hunter, Mr. Brand concurred that the transfer would be reviewed by the City Attorney and City Manager and any required fee would be paid. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1424, consenting to the merger between Ojai /Rubbish Control, Inc., and Republic Industries, contingent upon the completion of all of the requirements for a transfer in the current exclusive Franchise Agreements, subject to final language approval by the City Manager and City Attorney, and to the final satisfaction and a determination of completeness by the City Manager. The motion carried by unanimous voice vote. 8. PUBLIC HEARINGS: A. Consider 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 (Public Hearing Closed on December 3, 1997). Staff Recommendation: 1) Continue this meeting to a date certain, either an adjourned or special meeting on January 14, 1998, or the regular City Council meeting of January 21, 1998 and 2) Direct staff to prepare a draft resolution for EIR certification for City Council consideration. Councilmember Teasley indicated that since she was waiting for a final advice letter from the Fair Political Practices Commission (FPPC), she would excuse herself from discussion of this project, to avoid the appearance of a possible conflict of interest. AT THIS POINT in the meeting, Councilmember Teasley left. Mr. Miller gave the staff report. In response to Councilmember Wozniak, Mr. Miller confirmed that there were no reported cases of Valley Fever in Moorpark during or immediately after the construction of the State Routes 23 and 118 Direct Connector. Mr. Miller further informed the Council that the only reported cases of Valley Fever in Moorpark since Minutes of the City Council Moorpark, California Page 7 January 7, 1998 incorporation were following the Northridge Earthquake, as discussed in the staff report. In response to Councilmember Wozniak, Mr. Miller stated that the spores that caused Valley Fever were found in the top 30 centimeters or approximately 12 inches of soil, and that with respect to agricultural operations, the cultivation depth would typically be 18 inches or less. He further explained that the staff report did identify that certain occupations would have the potential for the highest exposure, such as construction and agricultural related occupations. In response to Mayor Hunter, Dana Privitt, from BonTerra Consulting, clarified that alkaline soils would typically not be found in hillside areas and are probably not prevalent on the site, and that the geotechnical section in the Environmental Impact Report (EIR) did include some information on soil types. Mayor Hunter expressed his concern that the information "— he had received was inconclusive and that he did not know if Valley Fever represented a significant health threat. Mr. Miller clarified that the EIR identifies Valley Fever as an issue and that mitigation measures for dust control will reduce the potential Valley Fever impact to less than significant. He explained that the only reported cases in Moorpark were in 1994 and that there were few overall reported cases of Valley Fever in Ventura County. He further explained that most people that did contract Valley Fever were not even aware that they had the disease, since the symptoms most often are very mild, such as a slight cold, which quickly subsides. In response to Councilmember Evans, Mr. Miller clarified that even if the spores that cause Valley Fever were found on the project site, there are no additional mitigation measures, and the EIR already includes all of the recommended dust suppression measures. In response to Councilmember Wozniak, Mr. Miller concurred that most of the Valley Fever cases reported in _ 1994 were from the landslides and winds following the Northridge Earthquake. He also stated that although there was a standard condition of approval and mitigation measure requiring grading to cease when winds Minutes of the City Council Moorpark, California Page 8 January 7, 1998 reach 20 miles per hour, that threshold could be lowered, if determined appropriate. In response to Councilmember Wozniak, Mr. Miller confirmed that the applicant's representative, Mr. Gary Austin, could address the progress of discussions with Moorpark College representatives regarding the Observatory. CONSENSUS: By consensus, the Council determined that Mr. Austin be allowed to respond to questions regarding the Moorpark College Observatory. Gary Austin, representing Messenger Investment Company (also known as Hidden Creek Ranch Partners), 959 South Coast Drive, Suite 490, Costa Mesa, stated that he had met with two representatives from Moorpark College, regarding the Observatory, since the last City Council meeting on December 10. Mr. Austin explained that those meetings had been with the Moorpark College President, Dr. James Walker, and with Professor Mallory, who was -' authorized to represent the Astronomy Division at the College. He further explained that Professor Mallory's main concern appeared to be that there would be adequate shielding for lights, and that although the College representatives do not want the Observatory moved, Messenger Investment Company would look for a second location, above the artificial light sources, that could be deeded to the College. Mr. Austin stated that he expected that the Council would be receiving a second letter from Professor Mallory regarding their discussions. In response to Mayor Hunter, Ms. Privitt clarified that the Phase I Environmental Assessment for the EIR included a walkover field investigation for the entire site, and that currently the EIR requires found contamination to be remediated within the development area, including trails. In response to Councilmember Evans, Mr. Miller stated that children would not be allowed to play in areas of chemical contamination, since there are zoning setback and mitigation fencing requirements for oil production facilities. Ms. Privitt explained that very minimal evidence of contamination had been found by the Phase 1 Environmental -- Minutes of the City Council Moorpark, California Page 9 January 7, 1998 Assessment, but that known contamination onsite would be remediated. Mr. Miller explained that further investigation would be done at the development project stage, and that monitoring is also done during all grading operations, and that any contamination discovered would be remediated. In response to Councilmember Evans, Ms. Privitt explained that the soils testing that is done would be based on a records search and the history of past activities on the site. Councilmember Wozniak stated that the Council was voting on the EIR only, not the project at this time, and there was a need to reiterate that a vote to certify the EIR is not a vote for the project. Councilmember Perez commented that he has focused on the City Attorney's recent letter regarding EIR certification and that an EIR is a disclosure document, and that there has certainly been achievement of disclosure for this project. He further stated that he is ready to move forward on directing staff to prepare a resolution. Mayor Hunter stated that he is still concerned regarding two issues -- Valley Fever and the health threat potential from contamination. In response to Mayor Hunter, Mr. Miller stated that additional soils testing would be done at subsequent stages of the project approval process, including prior to grading, during grading, and prior to construction, and that any discolored soil that was found would be tested. Ms. Privitt stated that she would work with staff and Mr. Austin to reach concurrence on testing for contaminants that would be done for areas outside the development area, and that the City could further refine its mitigation measures at the development project stage. Councilmember Evans stated that he does not oppose having staff prepare a resolution for EIR certification, and that this should not be considered an indication of support for approval of the project. Minutes of the City Council Moorpark, California Page 10 January 7, 1998 Mayor Hunter stated that based on the explanation from staff and Ms. Privitt, he thought that his concerns regarding contamination could be addressed by mitigation measures; however, he said he was still concerned that he did not have all information needed pertaining to Valley Fever to make an informed decision regarding EIR certification. In response to a question fr Miller stated that the list o be provided to the Council next meeting. MOTION: Councilmember Per seconded a motion to conti n Council meeting on Janua prepare a draft resoluti o Council consideration. The Councilmember Teasley was 11. ORDINANCES: None. om Councilmember Perez, Mr. f mitigation measures would with the resolution at the Pere moved ue the ry 21, n for motion absent and Councilmember Wozniak meeting to the regular City 1998, and direct staff to EIR certification for City carried by voice vote 4 -0; I the vote. AT THIS POINT in the meeting, discussion of Item 9.B, recommenced. 9. PRESENTATIONS /ACTION /DISCUSSION: B. Consider Schedulina a Town Meetina for a Presentation on the Local Impacts of the 1998 Regional Transportation Plan Update, "Community Link 21 ". Staff Recommendation: Direct staff to schedule the meeting for a date selected by the City Council, and for the City Council to designate it as either a Community Meeting or a special meeting of the City Council, to allow for the participation of three or more Council members, consistent with the Brown Act. CONSENSUS: By consensus, the special City Council meeting p.m., and that this would be 12. CLOSED SESSION: A closed session was not held. 13. ADJOURNMENT: Council determined to hold a on February 25, 1998, at 7:00 noticed public meeting. Minutes of the City Council Moorpark, California Page 11 January 7, 1998 Mayor Hunter asked that the Council adjourn in memory of Los Angeles Police Officer Steven Gajdo. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adjourn in memory of Los Angeles Police Officer Steven Gajdo. The motion carried by unanimous voice vote. The time was 8:54 p.m. ATTEST: Deborah S. Traffen dt, City Clerk