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HomeMy WebLinkAboutMIN 1998 0805 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 5, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on August 5, 1998 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Tem Teasley called the meeting to order at 7 :12 p.m. 2. INVOCATION: Silent Moment of Reflection 3. PLEDGE OF ALLEGIANCE: Councilmember Wozniak led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Wozniak. Absent: Mayor Hunter Evans, Perez, Teasley, and Staff Present: John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; John Liebez, Principal Planner; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: 6. PUBLIC COMMENT: David Aguirre, 689 'A' New Los Angeles, discussed the Disaster Awareness Response Program. Lori Rutter, 11611 Pinedale Road, discussed the SOAR initiative and the Hidden Creek project. Roseann Mikos, 14371 E. Cambridge Street, discussed addressing the Council as a representative of various organizations. She stated she spoke on behalf of the Environmental Coalition when they directed her to do so. Richard Francis, 711 South A, Oxnard, discussed the submittal of the SOAR petition. He discussed the litigation regarding ballot arguments. In response to Mr. Francis, Councilmember Evans stated he was not opposed to saving open space and preserving agriculture. He discussed the SOAR petition and the initiative process. Minutes of the City Council Moorpark, California Page 2 August 5, 1998 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: By consensus, the Council determined to move Item 12.A. prior to Item 9.A. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: There were no announcements. 12. ORDINANCES: A. Consider Adoption of Noise Ordinance by Adding Chapter 17.53 - Noise Ordinance to the Municipal Code, Which Will Implement the Noise Element and Establish Standards and Procedures to Control Noise in the City of Moorpark; Zoning Code Amendment 97 -07. Staff Recommendation: Adopt on second reading Ordinance No. 245 amending the Moorpark Municipal Code by adding Chapter 17.53 titled Noise Ordinance. Ms. Kane read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to waive further reading. The motion carried unanimously. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to declare Ordinance No. 245 adopted on second reading. The motion carried unanimously. 9. PUBLIC HEARINGS: A. Consider Proposed Development Agreement Between the City of Moorpark and Hidden Creek Ranch, L.P., Owners of Land Within Hidden Creek Ranch Specific Plan No. 8 (Development Agreement No. 96 -2) (CONTINUED FROM JULY 15, 1998). Staff Recommendation: 1) Accept public testimony; 2) Close the public hearing; and 3) Consider introduction for first reading of Ordinance No. 246, adopting Development Agreement. Councilmember Teasley excused herself from the dais and turned the gavel over to Councilmember Perez as the senior elected member of legislative body. The time was 7 :35 p.m. Mr. Miller gave the staff report. Lori Rutter, 11611 Pinedale Road, discussed past newspaper articles related to the Hidden Creek project. Minutes of the City Council Moorpark, California Page 3 August 5, 1998 Roseann Mikos, 14371 E. Cambridge Street, requested each Councilmember reveal any ex -parte communications regarding the development agreement. She urged Council to add language to the development agreement to delay its effective date until there is a signed agreement between the School District and Hidden Creek Ranch Partners. She stated the developer should agree to pay 100 percent for schools if the State funding is not available. She stated the connection to Alamos Canyon was not addressed in the EIR. Paul Edelman, 5750 Ramirez Canyon Road, Malibu, addressed the Council as a representative of the Santa Monica Mountains Conservancy. He stated the Conservancy is opposed to the project and the agreement as written. He suggested amending the agreement to add the following: 1) a clause that there be no remedial grading above and beyond the grading approved in the agreement; 2) open space should go to a public park agency; 3) funding mechanisms should be included to maintain open space such as a one time $250 assessment to the property owners to pay for maintenance. In response to Councilmember Evans, Mr. Edelman stated the Conservancy would be satisfied with the development agreement if the three elements he indicated were included. He explained that maintenance of the open space would require maintaining the trails and fire safety weed abatement. He indicated agencies other than the Conservancy as possible options for receiving the open space including Conejo Open Space Conservation Agency (COSCA) or State Parks. In response to Councilmember Wozniak, Mr. Miller stated an extension to Alamos Canyon had not been studied extensively in the EIR. He explained that the connection was included in the development agreement as an element that would occur if certain other issues were not met. He explained that if a condition occurred making the connection necessary, an environmental analysis would be completed for the connection to Alamos Canyon. In response to Councilmember Evans, Mr. Miller discussed the rationale for the section in the development agreement regarding the applicant receiving a tax benefit for open space. Minutes of the City Council Moorpark, California Page 4 August 5, 1998 In response to Councilmember Wozniak, Mr. Miller explained that for large scale projects, master pads are mass graded followed by additional fine grading for streets, sewers and other utilities. He stated the developer would benefit from minimizing grading due to costs of grading. He stated it was a possibility that total grading would exceed 21.6 million cubic yards, as approved by Council, if the additional fine grading was included in the calculation. Mr. Austin stated they would donate the designated open space to whomever the City required. He requested that the entity to which the City required the land be donated qualified under IRS standards so that they could receive the tax benefit. He stated the mass grading that would take place over the footprint of the development was limited to 21.6 million cubic yards of dirt, and once the dirt was moved, other types of fine grading, which would modify the area to accommodate roads and infrastructure, would occur. He stated fine grading was typically not included in the mass grading figure and would represent an additional 1 -3% of the total mass grading. He stated they were willing to comply with the mass grading limit. He indicated that the Santa Monica Mountains Conservancy had approached Messenger about purchasing some of their land. In response to Councilmember Wozniak, Mr. Austin discussed the agreement with the School District. He stated he was unaware of any objection to the agreement by the School Board. Councilmember Perez stated he had spoken to Larry Brown with the Moorpark Unified School District and he had indicated that the School District was satisfied with the proposed agreement between the District and Hidden Creek Ranch Partners and were prepared to come to closure. He stated the corridor analysis had not been conducted for an Alamos Canyon connection because the traffic study indicated there was not a need for the road and the traffic engineer had indicated other alternatives were available to further mitigate traffic. He stated that, prior to construction of the Alamos Canyon connection, CEQA requirements would have to be met. Mr. Edelman stated the rough grading and fine grading should not exceed the approved limit as stated in the development agreement. Ms. Kane requested a recess to explore the legal ramifications of the discussion. Minutes of the City Council Moorpark, California Page 5 August 5, 1998 AT THIS POINT in the meeting, the Council took a recess. The time was 8:17 p.m. The Council reconvened at 8:43 p.m. with all Councilmembers present, except Councilmember Teasley and Mayor Hunter. Mr. Miller discussed Section 6.38 of the development agreement regarding the potential connection to Alamos Canyon Road. He recommended amending the section to clarify its intent as related to the public testimony by shifting language relating to the two alternative mitigation measures from the second paragraph to the first paragraph and adding additional language regarding any necessary environmental clearances. Councilmember Perez asked Mr. Austin to comment on the language changes. Mr. Austin stated they were agreeable to amendment. Councilmember Perez closed the public hearing. Councilmember Perez stated the Council, staff and the applicant had responded to the concerns made by the public. -- He discussed Ms. Rutters' statements regarding past amendments to zoning for affordable housing. Councilmember Evans discussed inclusion of the S.R. 118 bypass in the development agreement. He discussed Level of Service C at the intersection of Campus Park and Collins Drive. He indicated his support for the development agreement. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading. The motion carried unanimously. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to introduce Ordinance No. 246 for first reading. The motion carried unanimously. 10. PRESENTATION /ACTION /DISCUSSION: None. 11. CONSENT CALENDAR: None. Minutes of the City Council Moorpark, California Page 6 August 5, 1998 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Evans seconded a motion to adjourn voice vote. The time was 9r ATTEST: moved and Councilmember Perez earried by unanimous Deborah TraffenstWdt, City Clerk