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HomeMy WebLinkAboutMIN 1998 0304 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California March 4, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on March 4, 1998, 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 :17 p.m. 2. INVOCATION: Pastor Dave Wilkinson, Moorpark Presbyterian Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Captain Mike Lewis led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Ken Gilbert, Director of Public Works; Mary Lindley, Director of Community Services; Nelson Miller, Director of Community Development; Captain Mike Lewis, Sheriff's Department; Charles Abbott, City Engineer; Wayne Loftus, Planning Manager; Nancy Burns, Senior Management Analyst; and Deborah Traffenstedt, City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of City of Moorpark 1997 Employee of the Year The Mayor announced that this item would be continued to March 18, 1998. 6. PUBLIC COMMENT: Julie Weisberger, 3939 Sunsetridge Road, Moorpark, addressed the Council and discussed her concerns regarding the potential closure of parks. She requested that the Council put Measure P back on the ballot. Minutes of the City Council Moorpark, California Page 2 March 4, 1998 John Sherwood, 4259 Canario Court, Moorpark, addressed the Council on behalf of the Teen Council, and identified that the Teen Council has been working on suggestions for summer programs and the skateboard ramp project. Thomas Vacitet, 11104 Terraceridge Road, Moorpark, addressed the Council and requested that the Council put Measure P back on the ballot. Cindy Coughlan, 4172 Quailsprings Court, Moorpark, addressed the Council and stated that parks should be a priority for the City and that closing a park should be a last resort. Shelley Chilton and Mary Lesle, 4762 Maureen Lane, Moorpark, addressed the Council regarding their Tender Loving Care Home Hospice on Maureen Lane and their concerns regarding code enforcement actions. Bob Francis, 4280 Laurel View, Moorpark, addressed the Council and stated that he was concerned regarding the potential closure of Country Trail Park. Valerie Rendell, 3918 Sunsetridge Road, Moorpark, addressed the Council and requested that the Council put Measure P back on the ballot. Don Crowder, 3901 Sunsetridge Road, Moorpark, addressed the Council and stated that he concurred regarding previous public comments on parks and support for Measure P. Joe Ahearn, 484 E. Los Angeles Avenue No. 214, Moorpark, addressed the Council and stated that he had requested two weeks ago that the Council close parks because something has to be done to get people to come out and vote. Don Phillips, 83 W. High Street, Moorpark, addressed the Council and requested that more public parking be created near the Moorpark Mobile Home Park because there are insufficient spaces within the Park. Jim Hartley, 5950 Gabbert Road, Moorpark, addressed the Council regarding conflict of interest and recommended that the Council look for ways to participate and not for ways to avoid participating. In response to the public comments regarding parks, Mayor Hunter said the Budget and Finance Committee has made recommendations regarding budget cuts to make up the projected Minutes of the City Council Moorpark, California Page 3 March 4, 1998 shortfall from loss of the parks maintenance assessment district revenue after June 30. He also stated that there had been misinformation regarding Measure P on the November ballot, since many residents did not realize that the proposed assessment was money that they were already paying for parks maintenance. Councilmember Perez encouraged a grassroots effort to get the word out to residents if a new ballot measure is proposed. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 8:05 p.m. The Council reconvened at 8:34 p.m. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter announced the Special City Council meeting scheduled for March 11, 1998, for the Downtown Specific Plan and the Special City Council meeting scheduled for March 25, 1998, for the Hidden Creek Ranch Specific Plan Project. 9. PUBLIC HEARINGS: A. Consider Adoption of an Update to the Noise Element of the General Plan and Amendment of the Municipal Code to Add Chapter 17.53 - Noise Ordinance, which will Implement the Noise Element and Establish Standards and Procedures to Control Noise in the City of Moorpark (General Plan Amendment 97 -04 and Zoning Code Amendment 97 -07). Staff Recommendation: 1) Adopt Resolution No. 98 -1443 approving the updated Noise Element as an amendment to the City of Moorpark General Plan and 2) Approve Introduction of first Reading of Ordinance No. amending the Moorpark Municipal Code by adding Chapter 17.53 titled Noise Ordinance. Mr. Loftus gave the staff report. In response to Councilmember Wozniak, Mr. Miller stated that the projected noise volumes for Los Angeles Avenue (State Route 118) were based on the City's Traffic Model, which assumes a State Route 118 bypass for General Plan buildout. Minutes of the City Council Moorpark, California Page 4 March 4, 1998 In response to Councilmember Wozniak, Mr. Miller further explained that the most recent truck traffic projections from the Southern California Association of Governments (SCAG) have not yet been incorporated into the City's traffic model. In response to Councilmember Perez, Mr. Loftus explained that the Planning Commission's concerns regarding the noise ordinance were alleviated by the restructuring of the ordinance and that the vote was unanimous recommending approval. He also stated that the Planning Commission's resolution would need to be revised to reflect a 4 -0 vote recommending approval. Mayor Hunter opened the public hearing. Eloise Brown, 13183 Annette, Moorpark, addressed the Council and requested that the members of the Police Department and the local newspapers be given a copy of the noise ordinance after adoption. Mayor Hunter closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution No. 98 -1443 approving the updated Noise Element as an amendment to the City of Moorpark General Plan. The motion carried by unanimous voice vote. Mr. Kueny informed the City Council that it was the City Attorney's opinion that the draft noise ordinance should not be introduced for first reading due to minor corrections that were needed and suggested that first reading be continued to the next regular meeting on March 18, 1998. MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to continue introduction of first reading of an ordinance amending the Moorpark Municipal Code by adding Chapter 17.53 titled Noise Ordinance to the March 18, 1998 meeting. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Additional Information on Overnight Commuter Parking. Staff Recommendation: Adopt Resolution No. 98- , rescinding Resolution 92 -888, and establishing revised restrictive parking regulations to permit limited Minutes of the City Council Moorpark, California Page 5 March 4, 1998 overnight parking in certain spaces in the south Metrolink parking lot. Ms. Lindley gave the staff report. In response to Councilmember Teasley, Mr. Kueny stated that the Moorpark Mobilehome Park residents were unlikely to park in the Metrolink lot given the distance from the lot to the Park. In response to Councilmember Wozniak, Mr. Kueny stated that monitoring of overnight parking could be done by security service and staff, and that there could be a trial period to determine if overnight parking resulted in increased vandalism or inappropriate use of parking spaces. Councilmember Evans stated that he could not support the creation of the overnight parking spaces due to the concerns already expressed. CONSENSUS: The consensus of the City Council was to take no action. B. Request for Authorization to Initiate General Plan Amendment and Zone Change Applications under Pre - Application No. 97 -1 by West Pointe Homes to Amend the General Plan Land Use Map on a Portion of 350 Acres From RL (Rural Low) to Low Density and Zone Change From RE -5AC to Accommodate the Building of 350 Homes Using Density Transfer in Accordance with Section 17.38.060 of the Municipal Code on Property Located West of Walnut Canyon Road and Approximately '-� Mile North of Casey Road (Assessor Parcel Nos. 500 -0- 260 -025, -045, -075, -085; and 500 -0- 270 -050, -090, -140, -155, and -165 - Site of Vesting Tentative Tract Map No. 4620). Staff Recommendation: Not authorize initiation of applications to change Land Use Designation of the General Plan and Zoning until such time that the City considers a comprehensive update of the General Plan. Councilmember Evans stated that he would excuse himself from discussion of this project, to avoid the appearance of a possible conflict of interest. AT THIS POINT in the meeting, Councilmember Evans left the dais. Minutes of the City Council Moorpark, California Page 6 March 4, 1998 Vince Daly, 26500 West Agoura Road, Calabasas, addressed the Council representing West Point Homes. He used slides to illustrate his comments on the existing 66 -unit project that was previously approved and the current proposal for a 350 -unit project that would cluster the homes and preserve the ridgeline and open space. He requested that West Point Homes be allowed to file an application for a General Plan Amendment and explained why the applicant did not want to be required to wait for a comprehensive update of the General Plan. Jim Hartley, 5950 Gabbert Road, Moorpark, addressed the Council and stated that the applicant was offering the City another opportunity to look at the planning of a property containing a very visible ridgeline that should be preserved. Mary Kairouz, 11922 Darlene Lane, Moorpark, addressed the Council and stated that she was concerned regarding protection of the ridgeline and was also concerned regarding the potential for landslides from new construction on the ridgeline. She requested that the Council allow the General Plan Amendment application to be submitted. Diana Card, 6131 Gabbert Road, Moorpark, addressed the Council and stated that the ridgeline should be preserved and dwelling units should be clustered, but that the density should be lower than 350 dwelling units. Eloise Brown, 13193 Annette, Moorpark, addressed the Council and stated that the request for five times the approved density is too high. She also expressed her concern regarding traffic on Walnut Canyon Road and stated that she supported the staff recommendation. Theresa Yassini, 11899 Darlene Lane, Moorpark, addressed the Council representing the Asadurian family and stated that the ridgeline should be preserved. Debby Doolittle, 6086 Gabbert Road, Moorpark, addressed the Council and asked if the City should be tied to a project that would allow development on the ridgeline. She stated that she supported clustering of development. Councilmember Wozniak asked for the Community Development Committee's position. Minutes of the City Council Moorpark, California Page 7 March 4, 1998 Councilmember Perez responded that allowing the General Plan Amendment application to be processed would provide an opportunity for a second look at the property to preserve open space and the ridgeline. He further stated that no staff time had been budgeted to work on this project this year and that there were other General Plan Amendment applications in process. Mayor Hunter commented that the Committee was also concerned regarding the development of the northerly area of the City and that the project site was one of the last areas planned for five acre lots. He also stated that it was bad public policy to amend the General Plan every time a project is submitted, and that it was more appropriate to look at the General Plan comprehensively. He also expressed concern regarding cumulative traffic on Walnut Canyon Road. Councilmember Wozniak commented that he was also concerned regarding continuing to amend the General Plan project by project. He stated that the project was worth considering but that it should be considered as part of a comprehensive General Plan update. In response to Councilmember Teasley, Mr. Miller explained that the existing tentative map for the site expires in January 1999, which is why the applicant would prefer the opportunity to move forward in a timely manner. In response to Councilmember Perez, Mr. Miller explained that the applicant's concern is the time frame to complete, and the funding for, a comprehensive General Plan update. In response to Mayor Hunter, Mr. Daly stated that the applicant would do whatever studies are needed to prove to the community and the City Council that their revised project is preferred. In response to Councilmember Teasley, Mr. Miller explained that if the Council allowed a General Plan Amendment application to be filed and processed, the Council could deny the application or approve a revised project. He further explained that an extension could be requested and approved for the current tentative map, which would otherwise expire in January 1999. Minutes of the City Council Moorpark, California Page 8 March 4, 1998 In response to Mayor Hunter, Mr. Miller explained that it would be very optimistic that a General Plan Amendment would be approved before the tentative map expires in January 1999. Mayor Hunter commented that it was his opinion that the Council should not allow a General Plan Amendment application to be filed and processed when the number of dwelling units currently proposed cannot be supported. MOTION: Councilmember Perez moved and Councilmember Wozniak second a motion to refer the pre- application back to the Community Development Committee to determine the number of dwelling units for a General Plan Amendment application. Mayor Hunter asked Mr. Daly if the applicant would consider less than 350 dwelling units. Mr. Kueny suggested that the Council could consider a one -year time extension for the tentative map, which would allow an approximate 18 -month time frame to process a General Plan Amendment application. Mayor Hunter stated that he did not see a need to defer to the Community Development Committee. Councilmember Perez stated that he thought the Committee could work further with the applicant to propose a more realistic number of dwelling units. VOTE ON THE MOTION: The motion carried 3 -1, Mayor Hunter opposed and Councilmember Evans absent. AT THIS POINT in the meeting a recess was declared. The time was 9:57 p.m. The Council reconvened at 10:13 p.m. C. Consider Revisions to Mobilehome Park Rent Stabilization Ordinance (Continued from February 4, 1998). Staff Recommendation: 1) Introduce Ordinance No. for first reading and accept public comment and 2) Direct staff as deemed appropriate regarding mobilehome park physical conditions. AT THIS POINT in the meeting, Councilmember Evans returned. Ms. Burns gave the staff report. Minutes of the City Council Moorpark, California Page 9 March 4, 1998 Mayor Hunter commented that the proposed ordinance has been the subject of closed session due to the threat of litigation and that further closed session is required. Richard Elias, representing Bessire & Casenhiser, 725 Brea Canyon Road, Suite 6, Walnut, addressed the Council representing the Villa Del Arroyo Mobilehome Park owner. He thanked the Council and staff for actions taken during the recent flooding. He stated that the owner of the Villa Del Arroyo Mobilehome Park is vehemently opposed to the proposed ordinance. He further stated that 6 percent of the residents of the Park had filed for a rent subsidy this past year and that all but one were approved, that there was no merit to amending the vacancy language, and that the actual resale of homes is above and beyond the purchase price. He also commented that litigation does not make sense. Robert Coldren, 200 E. Sandpointe, 4" Floor, Santa Ana, addressed the Council as the attorney for the Villa Del Arroyo Mobilehome Park property owner. He urged the Council to not amend the Code and further stated that the proposed amendments are not legal. Charles Sallia, 111 Piute Drive, Thousand Oaks, addressed the Council representing the Golden State Mobilehome Owners League and provided a verbal comparison of Thousand Oaks mobilehome park rents. He stated that for the past four years the rent increases in Thousand Oaks have been based on the Consumer Price Index. Alice Rowan, 15750 Los Angeles Avenue, Moorpark, addressed the Council and stated that she wanted to clarify that new residents in the Villa Del Arroyo Mobilehome Park are not all told that they will receive a minimum 4 percent rent increase per year. She asked why there had not been better communication between the attorneys. In Young Kim, the property owner for the Moorpark Mobile Home Park at 83 W. High Street, Moorpark, addressed the Council and stated that the Park contains 28 trailers and that rents are low. He further stated that rents include water, sewer, and trash pickup, and requested that the Council consider not changing the ordinance. Councilmember Evans commented that he supports the City Attorney's suggestion to continue the item. Minutes of the City Council Moorpark, California Page 10 March 4, 1998 MOTION: Councilmember Evans moved and Councilmember Teasley seconded a motion to table the item and continue it to the May 6, 1998, regular meeting. The motion carried by unanimous voice vote. D. Consider City's Role in Oversight of Conditions at Mobilehome Parks. Staff Recommendation: Direct staff as deemed appropriate. Ms. Burns gave the staff report. Don Phillips, 83 W. High Street, Moorpark, addressed the Council and commented that all of the maintenance problems that had been the subject of a complaint to the Council had been taken care of, and that a slurry seal was scheduled to be completed by March 10. CONSENSUS: By consensus, the Council determined to receive and file the report. 11. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to pull Items 11.C., 11.E., and 11.H., and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of February 4, 1998. Consider Approval of Minutes of the Regular City Council Meeting of February 4, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of March 4, 1998. Fiscal Year 1997/98 Manual Warrants 40827 - 40836, $ 10,174.14 Voided Warrants 34664 & 40624 $ (780.00) Regular Warrants 40837 - 40875 - D $ 621,468.17 40876 - 40946 - V $ 127,690.18 Staff Recommendation: Approve the Warrant Register. Minutes of the City Council Moorpark, California Page 11 March 4, 1998 D. Approval of Agreement Regarding Proposed Stream Alteration, Between the City and the California Department of Fish & Game, Relative to the Reconstruction of the Spring Road Bridge. Staff Recommendation: Approve the subject agreement and authorize the Director of Public Works to sign and return said agreement to the California Department of Fish and Game. F. Consider Approval of Final Map 5001 (Marketplace Properties). Staff Recommendation: 1) Approve Final Parcel Map 5001; and 2) Authorize the Mayor and City Clerk to sign the Final Parcel Map Title Sheet; and 3) Direct the City Clerk to record Final Parcel Map 5001; and 4) Direct the Mayor to sign the Agreement for Construction of Subdivision Improvements and Reimbursement. G. Consider Approval of the Notice of Completion for Maureen Lane, Bonnie View Street and Alleys Improvement Project and the Adoption of Resolutions Amending the Moorpark Redevelopment Agency and the City Budgets for FY 1997/98 to Reflect Actual Funding Sources and Revised Estimated Final Cost. Staff Recommendation: 1) Accept the work as complete, except as noted in the staff report; 2) Instruct the City Clerk to file a Notice of Completion for the project; 3) Authorize the release of the retention upon satisfactory clearance of the thirty five (35) day lien period, correction of all punch -list items and release of all STOP NOTICES; 4) Adopt Resolution No. 98 -1444, approving certain amendments to the FY 1997/98 budget to reflect Grant proceeds for the subject project, summarized as follows: a. Alleys: (Account No.: 400.801.8001.000.9801): from $0 to $23,200 ($23,200 increase); b. Bonnie View Street: (Account No.: 400.801.8006.000.9801: from $0 to $3,866 ($3,866 increase); and c. Maureen Lane: (Account No.: 400.801.8010.000.9801): from $0 to $11,600 ($11,600 increase). The following items were pulled from the Consent Calendar for individual consideration: C. Consider Tabling Project to Reconstruct the Everett Basin Outlet Storm Drain. Staff Recommendation: Table the subject project to reconstruct the Everett Basin Outlet Drain line. Minutes of the City Council Moorpark, California Page 12 March 4, 1998 Councilmember Perez stated that he would excuse himself from discussion of this item, to avoid the appearance of a possible conflict of interest. AT THIS POINT in the meeting, Councilmember Perez left the dais. MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to table the subject project to reconstruct the Everett Basin outlet drain line. The motion carried 4 -0, Councilmember Perez absent. E. Approval of Request to Participate in the Funding of Consultant Costs Related to the Development of the Calleguas Creek Watershed Management Plan. Staff Recommendation: Authorize payment of $2,500 to the Ventura County Flood Control District (VCFCD) as the City's share of the cost to retain a consultant to administer the development of the Calleguas Creek Watershed Management Plan. AT THIS POINT in the meeting, Councilmember Perez returned. Mr. Kueny recommended that this item should be continued two weeks since a Council resolution was required to allocate the funds. CONSENSUS: By consensus, the Council determined to continue the item to the March 18, 1998 meeting. H. Consider Status Report Regarding Vesting Tentative Tract 4982, Moorpark Country Club Estates Project (Bollinger Development Corporation /Toll Brothers, Inc.) Staff Recommendation: Continue until the Ad Hoc Committee for this project is prepared to report to City Council. In response to Mayor Hunter, Scott Stone, Toll Brothers, 2100 W. Orangewood, Orange, stated that not all of the milestones listed in the February letter from Mr. Paul Bollinger had been accomplished. Mayor Hunter requested that this item be rescheduled for the March 18 meeting for a new status report. MOTION: Mayor Hunter moved and Councilmember Wozniak seconded a motion to schedule a status report for the March 18, 1998 meeting. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 13 12. ORDINANCES: None. 13. CLOSED SESSION: March 4, 1998 Mr. Kueny announced that the City Council would be going into closed session for discussion of one case under Item 13.A., four cases under Item 13.B., and Item 13.E. on the agenda. The City Attorney, Ms. Kane, announced that for the one case proposed to be discussed under Item 13.A., the facts and circumstances creating significant exposure to litigation consist of written communications dated February 6, 1998, and February 27, 1998, threatening litigation, received from Robert Coldren, attorney for Villa Del Arroyo Mobilehome Park, regarding amendments to the City's Mobilehome Rent Stabilization Ordinance. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn to closed session for a discussion of one case under Item 13.A., four cases under Item 13.B., and Item 13.E. The motion carried by unanimous voice vote. The time was 10:50 p.m. 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Moorpark vs. Southern California Edison, et al D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 23 W. Los Angeles Avenue Negotiating Parties: The City Council of the City of Moorpark and Sunbelt Properties Under Negotiation: Price and terms of payment. Minutes of CiLy Council Moorpark, Cal.- fornia PGgc: 14 March 4, 1998 E. CO "lFERENCE WITH REA. PROPERTY NEGOTIATOR Property: A.P.N. -'---'---0-070-310 N ..,oti-at-ing Parties: The City Council of the City of Moorpark and Lhe Rc,: .1 %95 Trust Unc-er Negoti.at.on: ce and terms of payment. Preserl, in closed sess--;n were all Councilmembers; Steven Kueny, CiLy Manager; Che_--,i1 Kane, City Attorney; John Nowak, Assistant= City Manager; and Nelson Miller, Director of Communi_ Ly Development. The Co -moil reconvened -;. :. o open session at 11:32 p.m. Mr. Kueny reported that by a voice vote of 4 -0, Councilmember Teasley abstaining, t:— City Council directed the City Attornc;- Lo it :itiaLe a for one case under 13.B., and that the name of the ca ,.,, defendants, and other particulars will be disclosed to anyr >e.rson upon inquiry once the lawsuit has bee:: formally commenc=ed, unless to do so would jeopardize service of process or exi_sLirg settlement negotiations. Mr. Kue -I.y further reported that by unanimous voice vote the City Col.-.c -1 directed the CiLy Attorney to initiate a lawsuit for or(- case under 1.3 . . , and that the name of the case, defen(-iants, and other ) rLiculars will be disclosed to any person _ :pen inquiry or,-'(t the lawsuit has been formally commence,.", unless to do jeopardize service of process or ex- s -i.ng settlement r. oL.i.aLions. 14. ADJOURN—'ENT: Mayor H',ar_ter adjourned ti meeting at 11:33 p.m. ATTEST: Deborah S. . Ffenste i_, C_t , l er y