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HomeMy WebLinkAboutMIN 1998 0610 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California June 10, 1998 An Adjourned Meeting of the City Council of the City of Moorpark was held on June 10, 1998 at the Moorpark Community Center, located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:44 p.m. and announced that the City Council would be going into closed session for discussion of Item 13.F. 13. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adjourn to closed session for discussion of Item 13.F. The motion carried by unanimous voice vote. The time was 6:45 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. E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A.P.N. 511 -0- 070 -310 Negotiating Parties: The City Council of the City of Moorpark and the Roe 1996 Trust Under Negotiation: Price and terms of payment. F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 30 Flory Avenue Negotiating Parties: The City Council of the city of Moorpark and the Moorpark Unified School District Under Negotiation: Price and terms of payment. Minutes of the City Council Moorpark, California Page 2 June 10, 1998 G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Clerk, City Manager, City Engineer, Director of Community Development, Director of Community Services, Public Works Director. Present in closed session were all Councilmembers; Steven Kueny, City Manager; and John Nowak, Assistant City Manager. The Council reconvened into open session at 7 :40 p.m. Mr. Kueny stated that there was no action to report for Item 13.F. 2. INVOCATION: None. 3. PLEDGE OF ALLEGIANCE: Councilmember Evans 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; Ken Gilbert, Director of Public Works; Nelson Miller, Director of Community Development; Mary Lindley, Director of Community Services; Captain Mike Lewis, Sheriff's Department; John Libiez, Principal Planner; Deborah Traffenstedt, City Clerk; and Susan Meyer, Deputy City Clerk 5. PROCLAMATIONS AND COMMENDATIONS: None 6. PUBLIC COMMENT: None. -- 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: The Closed Session was reordered to occur at the beginning of the meeting. Minutes of the City Council Moorpark, California Page 3 June 10, 1998 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Wozniak asked that an item be included on the next regular Council meeting pertaining to consideration of the Ventura County Transportation Commission (VCTC) adopted Metrolink funding formula and preparation of a letter to Caltrans requesting review of the cost - sharing formula recently adopted by VCTC. 9. PUBLIC HEARINGS: B. Consider Hidden Creek Ranch Specific Plan (Specific Plan No. 8 /SP 93 -1), General Plan Amendment No. 93 -1, and Zone Change 93 -3 (Prezoning), Applicant: Hidden Creek Ranch Partners (Continued from May 27, 1998). Staff Recommendation: 1) Discuss the Specific Plan and related applications, and 2) Continue the Item to a date certain meeting to further discuss the Project. (Continued from June 3, 1998) AT THIS TIME in the meeting, Councilmember Teasley left the dais due to a potential conflict of interest. The time was 7:47 p.m. Mr. Miller gave the staff report. In response to Mayor Hunter, Mr. Miller answered questions regarding the potential park site shown as Alternative C, but stated that the Alternative C park site could not be developed if a high school was also proposed for that location. He clarified that the Moorpark Unified School District wanted a full high school site at the west end of the Specific Plan area. In response to Councilmember Evans, Mr. Miller indicated that the Phase I development within the Specific Plan included a proposal to have a secondary access north of Moorpark College and that an option would be to make the road above the College have one way traffic only. He further stated that an additional recommendation from the Traffic Engineer was to require an additional right -turn lane from Collins Drive to Campus Park Drive eastbound. -- In response to Councilmember Evans, Mr. Miller stated that the required Infrastructure Plan would address the timing of the circulation system improvements prior to construction of any housing units. Minutes of the City Council Moorpark, California Page 4 June 10, 1998 In response to Mayor Hunter, Mr. Miller stated that the Planning Commission had proposed an alternative to the Broadway extension that consisted of a roadway extension across lower Happy Camp Canyon Regional Park that would connect to Spring Road, and that the general alignment of that roadway would be approximately 900 to 1,000 feet north of the nearest homes. He further stated that the Specific Plan had been revised to include the Planning Commission's recommended alignment. In response to Councilmember Evans, Mr. Miller stated that the connector roadway across Happy Camp Canyon Regional Park and the extension of Hidden Creek Ranch Parkway to the west end of the Specific Plan was required in conjunction with Phase 2 development within the Specific Plan. In response to Councilmember Evans, Mr. Miller stated that there were approximately one dozen drilling sites within the Specific Plan area, two of which were within the development footprint, and that approximately the same number of existing drilling sites were on the Unocal property to the south, with some sites located to the north and northeast, as well. He also stated that the owner of the drilling rights has drilling islands as recorded easements throughout the Specific Plan, with approximately one island for every 40 acres. He explained that as property develops within the Specific Plan, access rights would be along developed roadways. In response to Councilmember Wozniak, Mr. Miller stated that well No. 22 is outside of the Specific Plan area, on the Unocal property, and that the mineral rights were sold by Unocal to Nuevo. He further stated that mitigation for contamination would include removal of hazardous materials, such as radioactive material, as well as required building setbacks from drilling sites. In response to Mayor Hunter, Mr. Miller explained that the Specific Plan includes infrastructure requirements for development within the site, but that the required Infrastructure Plan would specifically address the requirements for implementation, phasing, financing, and construction responsibilities for the circulation and public facilities and services for each land use planning unit, including both on -site and off -site improvements. Minutes of the City Council Moorpark, California Page 5 June 10, 1998 In response to Mayor Hunter, Mr. Kueny stated that the Infrastructure Plan was required to be prepared and approved before any Specific Plan No. 8 development project approval. In response to Councilmember Perez, Mr. Miller stated that there has been discussion with the developer and Nuevo regarding having certain wells eliminated and transfering fee title to Nuevo for areas outside the planned development, where existing wells are located, in exchange for eliminating the drilling rights in other areas. Mr. Miller further stated that the site contained a marginal oil field; therefore, the drilling of new wells was unlikely. In response to Mayor Hunter, Mr. Miller stated that affordable housing requirements for the Specific Plan were addressed in the draft development agreement. CONSENSUS: By consensus the Council determined that there _ was agreement regarding the affordable housing requirements contained in the Specific Plan and draft development agreement. In response to Councilmember Wozniak, that the Moorpark Unified School D approve an agreement with the developer taken its action on the Specific Plan, concurrence on the location and size of on the land use plan. Mr. Miller stated Lstrict would not until the City had but that there was school sites shown In response to Mayor Hunter, Mr. Miller stated that in response to the Fiscal Study prepared for the project, the development agreement included several fees to offset the potential fiscal impact to the City. In response to Mayor Hunter, Mr. Miller commented that the use of the required Citywide Traffic Mitigation Fee was to be determined by the City, and gave the example of the State Route 118 bypass. Mr. Kueny stated that the Citywide Traffic Mitigation Fee has always been intended to be used for the State Route 118 bypass, as well as for a State Route 23 bypass which is no longer proposed. He further stated that improvements to Los Angeles Avenue /New Los Angeles Avenue would be funded by the Los Angeles Avenue Area of Contribution (AOC) fund. Minutes of the City Council Moorpark, California Page 6 June 10, 1998 In response to Councilmember Wozniak, Mr. Kueny stated that there was the potential for receipt of some State funding for the State Route 118 bypass, since the intent was to have the bypass function as a State highway with the City assuming responsibility for Los Angeles Avenue. In response to Councilmember Evans, Mr. Miller stated that there was no right of way currently set aside for the State Route 118 bypass, but that dedication of right of way was expected in conjunction with future approvals for Specific Plan Nos. 1, 2, and 10 and other General Plan amendment projects. Councilmember Evans indicated that he would like to see some language in the development agreement that before they can build past a certain number of dwelling units, the State Route 118 bypass must be under construction. In response to Mayor Hunter, Mr. Miller said that the Planning Commission held a public hearing on the development agreement and had continued the public hearing to June 15, 1998. CONSENSUS: By consensus the Council determined that there were no remaining issues on the location of school sites within the Specific Plan area. In response to Councilmember Perez, Mr. Kueny stated that one circulation issue related to the location of the school sites is the access to the planned high school site. He further stated that the Council could reconsider a Campus Park Drive westerly extension at a later time if determined necessary. Councilmember Wozniak commented that if the School District did decide to develop the high school site at the west end of the Specific Plan area, and the City later amended the General Plan Circulation Element to allow a westerly extension of Campus Park Drive, then the applicant should be required to pay for the roadway improvements to provide access to the high school. Mayor Hunter expressed concern that once access is provided to the high school site, then there would be pressure to allow access to Happy Camp Canyon Regional Park. Minutes of the City Council Moorpark, California Page 7 June 10, 1998 Councilmember Wozniak requested that information on radioactive material use for well No. 22 be brought back to Council. In response to Councilmember Perez, Mr. Miller stated that draft resolutions and a draft zone change ordinance could be drafted and brought back at the next council meeting on June 17. Mr. Kueny recommended initiating the public hearing on the development agreement as scheduled for June 17 and keeping the hearing open until the Specific Plan was completed. Mayor Hunter suggested a continuance to the June 17 regular Council meeting for further discussion of issues and to allow him the opportunity to ask questions of the City Attorney. He further stated that the resolutions should be prepared for the July 1 meeting, since he would not be ready to take an action on the project on June 17. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded the motion to continue this item to June 17. The motion carried by unanimous voice vote 4 -0, Councilmember Teasley absent. AT THIS POINT in the meeting, Mayor Hunter called a recess and announced that the television broadcast would be discontinued and that the City Council would reconvene to the conference room after recess for discussion of Items 9.C., 10.D., 10.J., and 10.K. The time was 8:20 p.m. The Council reconvened at 8:30 p.m. with Councilmember Teasley present and Councilmember Evans absent. CONSENSUS: The consensus of the Council was to consider Items 9.C., 10.D., 10.J., and 10.K concurrently. 9. PUBLIC HEARINGS: C. Consider Makinq Certain es to AD84 -2 and Confirmin the Assessments for Fiscal Year 1998/99. Staff Recommendation: 2) Open the public hearing, receive testimony and close the public hearing; 2) Continue all other matters to the date of the Budget Workshops. Note: Subsequent to the budget workshop meetings, but no later than June 30, 1998, staff recommends that the City Council take the following actions: a) make any final desired changes to the Engineer's Report and to the proposed assessments for FY 1998/99; and b) adopt Resolution No. 98- making certain changes to AD84 -2 and confirming Minutes of the City Council Moorpark, California Page 8 June 10, 1998 the assessments for Fiscal Year 1998/99. (Continued from June 3, 1998) 10. PRESENTATION /ACTION /DISCUSSION: D. Consider Resolution No. 98 -1467, Amending the FY 1997/98 Budget Allocating Park Improvement Fund, Zone 5 (212) for Repairs to Country Trail Park. Staff Recommendation: Adopt Resolution No. 98 -1467, amending the FY 1997/98 Budget appropriating $10,459 from the Park Improvement Fund, Zone 5 (212) for replacement of the Fibar surface with rubber tiles and sand as outlined in the Agenda Report. ROLL CALL VOTE REQUIRED (Continued from June 3, 1998) J. Consider Goals and Objectives for Fiscal Year 1998/99. Staff Recommendation: Continue the item to an adjourned meeting on June 10, 1998. (Continued from June 3, 1998) K. Consider Fiscal Year 1998 -99 Budget. Staff Recommendation: Continue the Item to an adjourned meeting on June 10, 1998. (Continued from June 3, 1998) Mr. Kueny gave the staff report. He suggested focusing on the General Fund savings. In response to Councilmember Teasley, Ms. Lindley stated that closing Monte Vista Park was estimated to save the City $15,000, yearly, based on estimated water, electricity, tree trimming, weed abatement, and trail maintenance expenses. She further stated that keeping the parking lot open would not send a message regarding the Park's closure. In response to Councilmember Teasley, Councilmember Wozniak responded that Superintendent Duffy of the Moorpark Unified School District had given a preliminary indication that the District may consider accepting Virginia Colony Park and allowing continued access to the adjacent residential neighborhood. He further indicated that the joint Council /School District Ad Hoc Committee would be discussing transfer of the park to the District and whether all of the playground equipment would remain. Mr. Kueny suggested that the City continue to keep the water on at Virginia Colony Park through the end of August, to allow the School District and the City to work out the details regarding the park transfer. Minutes of the City Council Moorpark, California Page 9 June 10, 1998 Councilmember Perez expressed concern regarding whether the play equipment would remain. Councilmember Wozniak stated that there would need to be a School Board decision on the equipment. Mr. Kueny stated that the budget would need to reflect a change in projected savings, if the landscaping would be maintained through August for Virginia Colony Park. CONSENSUS: By consensus the Council determined that electricity, water, and maintenance for Virginia Colony Park would be budgeted for July and August, and that staff was to schedule an agenda item for the first meeting in September to report on the progress of the negotiations with the School District, to allow the Council to determine whether maintenance should be discontinued. CONSENSUS: The consensus of the Council was to close Monte Vista Park with railroad ties to be placed across the parking lot entry. Mayor Hunter recommended striking public information special event filming from the Goals and Objectives to be consistent with the Budget and Finance Committee ❑s recommendation to eliminate the funding for special event filming. CONSENSUS: By consensus the Council determined to strike the special event filming from the Goals and Objectives. Mr. Nowak recommended adding a separate line item in the budget for debt service payment and that $1,000 be added under Administrative Services as a line item for City membership in the Southern California Water Association. Mr. Kueny stated that a budget adoption resolution would be prepared and included as a Presentation /Action/ Discussion item on the June 17 City Council meeting. Mayor Hunter suggested spending the extra money for Country Trail Park to replace the fibar surface with rubber tiles. MOTION: Councilmember Wozniak moved and Mayor Hunter seconded a motion to approve Item 10.D. adopting Resolution No. 98 -1467, amending the FY 1997/98 Budget appropriating $10,459 from the Minutes of the City Council Moorpark, California Page 10 June 10, 1998 Park Improvement Fund, Zone 5 (212), for replacement of the Fibar surface at Country Trail Park with rubber tiles and sand, and to continue discussion of Public Hearing Items 9.C., and Presentation /Action /Discussion Items 10.J., and 10.K. to June 17, 1998. The motion carried by unanimous roll call vote 4 -0, with Councilmember Evans absent. 14. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Teasley seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote 4 -0, withjouncilm e e Evans absent. The time was 9:17 p.m. / / rick H4nter, Mayor ATTEST: Deborah S. Traffen edt, City Cle