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