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HomeMy WebLinkAboutMIN 1998 0701 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California JULY 1, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on July 1, 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 :30 p.m. 2. INVOCATION: Senior Pastor Michael Northway, Pacific Grove Foursquare Church led the Invocation. 3. PLEDGE OF ALLEGIANCE: Captain 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; Nelson Miller, Director of Community Development; Mary Lindley, Director of Community Services; John Libiez, Principal Planner; Dirk Lovett, City Engineer; Kirk Evans, Public Works Senior Management Analyst; .Mike Lewis, Sheriff's Department; and Lisa Pope, Deputy City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: None. 6. PUBLIC COMMENT: Roseann Mikos, 14371 E. Cambridge Street, stated that pursuant to Section 65359 of the Government Code, the Hidden Creek Project would require three affirmative votes. Gerald Goldstein, 11932 E. Los Angeles Street, discussed a theft at his property. He also discussed handicapped access on the City bus. Scott Green, 33 E. High Street, invited the community to the High Street Fourth of July Celebration and discussed the events that would take place. Steven Koch, 14696 Loyola Street, discussed the General Plan and Hidden Creek Development as it relates to the Minutes of the City Council Moorpark, California Page 2 July 1, 1998 General Plan. He addressed the Council in opposition to the project. Dr. Joseph Zeff, (no address provided), addressed the Council in opposition to the project. He stated growth was inevitable, but measured growth was necessary. He stated he felt the Messenger Project was too big. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak requested moving Item 10.C. and 10.D. forward on the agenda. Mayor Hunter stated Mr. Messenger had requested a two -week continuance for Item 9.A. Councilmember Wozniak stated it was necessary to come to a decision regarding the Messenger project. CONSENSUS: By consensus, the Council moved Items 10.C. and 10.D. to follow Item 9.B. 8. ANNOUNCMENTS AND FUTURE AGENDA ITEMS: In response to Councilmember Evans, Mr. Kueny stated the Council policy regarding voting procedures would be on the next agenda. In response to Councilmember Wozniak, Captain Lewis indicated a Council box item would be provided to the Council regarding drug clothing. Councilmember Evans requested an item to discuss procedures regarding business permits and the possibility for a committee or liaison to work with the business community to streamline the process. Councilmember Teasley stated the Economic Development Committee, with the Chamber of Commerce and business representatives, had held forums on educating the community on the business permit process. Councilmember Perez announced that he had retired from his job with the Los Angeles County Department of Water and Power today. Mayor Hunter announced the Third of July Fireworks Event. He also announced joint City Council meetings with the Planning Commission and Parks and Recreation Commission to be held on July 8, 1998. Minutes of the City Council Moorpark, California Page 3 9. PUBLIC HEARINGS: July 1, 1998 A. Consider Hidden Creek Ranch Specific Plan (Specific Plan No.8 /SP 93 -1), General Plan Amendment No. 93 -1, Zone Change 93 -3 ( Prezoning), and Resolution Directing Filing of an Application Requesting Extension of the City's Sphere of Influence and Annexation of Properties Included Within the Hidden Creek Ranch Specific Plan. Applicant: Hidden Creek Ranch Partners (PUBLIC HEARING CLOSED - - CONTINUED FROM JUNE 17, 1998). Staff Recommendation: 1) Consider draft resolution for denial of the proposed Hidden Creek Ranch Specific Plan, or draft resolution for adoption of the Findings of Fact and Statement of Overriding Considerations, adoption of a Mitigation Monitoring Program, approval of proposed Hidden Creek Ranch Specific Plan, and adoption of General Plan Amendment 93 -1; 2) If the Specific Plan is approved, consider draft Ordinance No. for the prezoning of the properties covered by the Hidden Creek Ranch Specific Plan; and 3) If the Specific Plan is approved, consider resolutions for initiation of an amendment to the Sphere of Influence and annexation of the properties covered by the Hidden Creek Ranch Specific Plan. AT THIS POINT in the meeting, Councilmember Teasley left the dais. The time was 7 :57 p.m. Mr. Miller gave the staff report. In response to Mayor Hunter, Ms. Kane reviewed the process and explained that a tie vote on the matter indicated no action taken. In response to Mayor Hunter, Ms. Kane stated there was no requirement for denying without prejudice. She stated the Council must find good cause to limit further applications. In response to Mayor Hunter, Ms. Kane stated Messenger could reapply and it would be the Council's discretion as to whether to allow the plan to be reconsidered. Mr. Kueny stated if the project was denied, it would have to go through the public hearing process again; if tabled, it would not require the entire public hearing process. Councilmember Wozniak stated this was the most difficult decision he has had to make for the City. He stated his major concerns with the project were the amount of grading and the adverse effect on air quality. He stated that the reason he had requested a resolution to deny without prejudice was so as to allow the developer to come back with a different project. Minutes of the City Council Moorpark, California Page 4 July 1, 1998 Councilmember Perez requested a two -week continuance to allow the Ad Hoc Committee time to discuss the impacts of not moving forward with the plan. Mayor Hunter stated the Council had an obligation to render a decision on the project. Councilmember Evans stated h matter. He discussed the process. He stated that the be built due to the project. the infrastructure plan. was prepared to vote on the planning and public hearing State Route 118 bypass could He discussed his concern with Councilmember Perez stated he was prepared to vote in favor of the project. Mayor Hunter complimented Messenger Investment Company on the proposed project. He stated there were a number of benefits for the community but there were also serious consequences to approving the project. He discussed the hillside ordinance, more than half of the grading on the project would be exempt from the ordinance. He discussed urban sprawl. He stated the Hidden Creek Ranch proposal met all criteria for urban development. He discussed current residential developments and the General Plan update process. He indicated environmental impacts that could not be mitigated including: Moorpark College observatory impacts, loss of prime agricultural lands, biological resources, and the loss of approximately 5,400 live oak trees. He discussed the issue of traffic in and around the Campus Park area. Councilmember Perez discussed traffic concerns. He stated he was mindful of circulation and affordable housing. He stated the project approval was a major step needed to obtain a State Route 118 bypass. Councilmember Wozniak stated he was unsure if changes could be made that would mitigate his concerns about grading. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to table the item for two weeks. The motion failed 2 -2, Mayor Hunter and Councilmember Wozniak dissenting, Councilmember Teasley absent. MOTION: Mayor Hunter moved to adopt the resolution denying the project without prejudice. The motion died due to lack of a second. Minutes of the City Council Moorpark, California Page 5 July 1, 1998 MOTION: Councilmember Wozniak moved to adopt the resolution denying the project. Councilmember Wozniak withdrew the motion. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to table the item. Councilmember Evans withdrew the motion. Councilmember Perez concurred to withdraw the motion. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion for approval of a resolution for adoption of the Findings of Fact and Statement of Overriding Considerations, adoption of a Mitigation Monitoring Program, approval of proposed Hidden Creek Ranch Specific Plan, and adoption of General Plan Amendment 93 -1. No action was taken due to a 2 -2 vote, Mayor Hunter and Councilmember Wozniak dissenting, Councilmember Teasley absent. The item was continued to July 15, 1998, based on a tie vote resulting at a time when less than all members of the Council are present. AT THIS POINT in the meeting, the Council took a recess. The time was 9 :22 p.m. The Council reconvened at 9:50 p.m. with all Councilmembers present excluding Councilmember Teasley. B. Consider Proposed Develo ment 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 JUNE 17, 1998). Staff Recommendation: 1) Accept public testimony; 2) Close the public hearing; and 3) If Specific Plan No. 8 is approved, consider introduction for first reading of Ordinance No. adopting proposed Development Agreement, with any modification deemed appropriate. Roseann Mikos, 14371 E. Cambridge Street, discussed her concerns with the Development Agreement. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to continue the item to July 15, 1998. The motion carried by voice vote 4 -0, Councilmember Teasley absent. AT THIS POINT in the meeting, Councilmember Teasley returned to the dais. The time was 9:57 p.m. Minutes of the City Council Moorpark, California Page 6 10. PRESENTATION /ACTION /DISCUSSION: July 1, 1998 C. Consider the Conceptual Design for Senior Center Expansion Staff Recommendation: 1) Approve the design of Design Concept "II" as proposed by staff, with the breezeway Enclosure as a bid option; and 2) Direct staff to complete the design plans, construction specifications, and a bid document, identifying Design Concept "II" and the Breezeway Enclosure as a bid option, for City Council approval. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Lindley explained that the staff recommendation was a modification of the Senior Center Advisory Committee's recommendation. Councilmember Evans discussed the proposed design of the project. Councilmember Wozniak stated the Director's office should be in closer proximity to the Senior Center. In response to Councilmember Wozniak, Ms. Lindley stated it would cost $61,000 to enclose the breezeway. In response to Mayor Hunter, Ms. Lindley explained that the lobby would be used in an active manner rather than passive as it is now. Vera Sorrels, 4789 Maureen Lane, addressed the Council as a representative of the Senior Center Advisory Committee. She thanked Council for allocating funds and allowing the opportunity for the seniors to provide input on the expansion. She stated the Committee had preferred Design Concept "I ", but it was too costly. She stated they had come up with Concept II, which they requested Council approve. Ev Braun, 13142 Williams Ranch Road, concurred with Ms. Sorrels. He acknowledged the members of the Advisory Committee. Councilmember Wozniak stated he, was not opposed to the staff recommendation to look at enclosing the breezeway as a possible option. Councilmember Evans concurred with Councilmember Wozniak. He recommended a doorway between the Senior Center and the Citrus Room. Minutes of the City Council Moorpark, California Page 7 July 1, 1998 MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to approve the design of Design Concept "II" as proposed by staff, with the breezeway enclosure as a bid option; and direct staff to complete the design plans, construction specifications, and a bid document, identifying Design Concept "II" and the Breezeway Enclosure as a bid option, for City Council approval. The motion carried by unanimous voice vote. D. Consider Whether City Council Would Request Review of Planning Commission Denial of Conditional Use Permit 98 -2, Request for Operation of a Nightclub at 79 -95 High Street (Applicant Javier Hernandez Ortiz). Staff Recommendation: Direct staff as deemed appropriate. Councilmember Teasley stated she had requested this item be brought forward because she had received phone calls indicating that the applicant had been treated unfairly. Roseann Mikos, 14371 E. Cambridge Street, urged Council to reconsider the Planning Commission denial of the application. Becky Ritchie, 4719 Maureen Lane, addressed the Council representing Moorpark Community Church. She indicated their opposition to the expansion of E1 Rodeo. She stated their concerns were lack of parking, safety, children in the bar, and whether the plan fit into the Downtown Specific Plan. She urged Council to uphold the Planning Commission decision. Warren Tetz, 3935 Willow Creek Lane, addressed the Council as a representative of the Chamber of Commerce. He urged Council to review the process and reconsider the matter. Eloise Brown, 13193 Annette Street, urged Council to review the Planning Commission decision. Jose Espinsoza, 795 High Street, requested Council review of the Planning Commission decision. Ms. Pope indicated that two written statement cards in favor of the City Council reviewing the Planning Commission's denial of the project were submitted. The following individuals submitted written statement cards: Steve Hagertz, Moorpark Janet Murphy, Moorpark In response to Councilmember Evans, Councilmember Teasley stated she believed that in ihterest of fairness and Minutes of the City Council Moorpark, California Page 8 July 1, 1998 respect to the applicant, the decision should be reviewed. She indicated her concern with the Planning Commission's attitude that was projected. She requested review of the decision. Mayor Hunter stated the applicant should submit an appeal if review of the decision is requested. In response to Mayor Hunter, Mr. Miller stated the applicant had been advised that the matter would be heard by the City Council and was therefore waiting to submit an appeal until the Council acted on the matter. Councilmember Perez stated he supported review of the Planning Commission decision. MOTION: Councilmember Teasley moved and Councilmember Perez seconded a motion to bring the matter before the Council for reconsideration of the Planning Commission denial. The motion carried by voice vote 4 -1, Councilmember Wozniak dissenting. 9. PUBLIC HEARINGS: C. Consider General Plan Amendment No. 97 -1, to Amend the Land Use and Circulation Elements; Zone Change No. 97 -5, to Establish Zone Districts and Controlling Development Standards; and the Moorpark Downtown Specific Plan No. 95- 1, Which Includes Land Use and Zoning Maps, a Streetscape Beautification Program, Pedestrian and Traffic Circulation Improvements, Design Guidelines, Development Standards, and Implementation Programs to Guide Future Development (CONTINUED FROM JUNE 17, 1998) . Staff Recommendation: 1) Discuss issues and recommendations and provide direction to staff regarding any additional revisions to the Downtown Specific Plan; 2) Direct staff to prepare the Final Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Direct staff to prepare a draft resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, General Plan Amendment No. 97 -1 and the Downtown Specific Plan No. 95 -1, subject to incorporation of required revisions; and 4) Direct staff to prepare a draft ordinance approving Zone Change No. 97 -5 CONSENSUS: By consensus, the Council continued Item 9.C. and the public hearing to August 19, 1998. Minutes of the City Council Moorpark, California Page 9 July 1, 1998 D. Consider Resolution No. 98 -1483 To Enable Enforcement of the California Vehicle Code in Privately Owned Parking Facilities Located at 331, 335, X53, and 357 Science Drive [West America Construction - IPD 96 -2a, 96 -2b, 96 -2c, 96- 2d, 96 -2e]. Staff Recommendation: Adopt Resolution No. 98- 1483 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. Mr. Kirk Evans gave the staff report. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt Resolution No. 98 -1483 declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. The motion carried by unanimous voice vote. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Request to Restrict Traffic on Spring Road to Facilitate Road Improvements. Staff Recommendation: In order to facilitate the construction of required street improvements, that the developer of the Carlsberg Specific Plan be allowed to close Spring Poad to northbound traffic between the Arroyo Simi Bridge and Peach Hill Road, subject to the conditions set forth in the staff report. Mr. Kueny gave the staff report. In response to Councilmember Evans, Mr. Lovett stated it would take 4 months if only one lane of traffic was closed as opposed to 8 weeks if the road was completely closed. In response to Councilmember Evans, Mr. Kueny stated they would conform to the normal hours of construction. Mr. Lovett stated the hours of construction were from 7 :00 a.m. to 7 :00 p.m., Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday. Lloyd Laycook, 2 North Lake Avenue, Pasadena, representing Carlsberg, recommended complete lane closure. He stated their primary concern was safety. He stated closure of one lane would cause a marginally safe working area on the east side. He stated they had hoped to do the work in conjunction with bridge construction but due to a contractual obligation, it was necessary to complete the work now. He stated Science Drive would be completed by mid - August. He requested Council consider closing both lanes. Minutes of the City Council Moorpark, California Page 10 July 1, 1998 In response to Councilmember Evans, Mr. Laycook explained how Science Drive would be used to alleviate the impact of the road closure. In response to Councilmember Teasley, Mr. Laycook stated they were under stringent penalties in the buy /sell agreement and, therefore, could not coordinate the road closure with construction of the bridge. Councilmember Teasley indicated her support for the two - lane closure. In response to Councilmember Wozniak, Mr. Kueny discussed the traffic impact at Mesa Verde School. He suggested delaying the road closure to allow the school year to commence without traffic congestion. Mayor Hunter suggested sending informational flyers regarding the road closure to students through the schools. In response to Councilmember Evans, Mr. Laycook stated if the project was delayed to September, it would push the project into the rainy season. He indicated there had been discussions with the School District regarding traffic and the plan had been accepted. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to allow the developer of the Carlsberg Specific Plan to close Spring Road to northbound traffic between the Spring Road Bridge and Peach Hill Road, subject to the conditions set forth in the staff report, as amended. The motion carried by unanimous voice vote. B. Consider Resolution No. 98 -1484 Establishing Parking Restrictions on Maureen Lane South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 98 -1484 prohibiting parking on Maureen Lane except with right wheels off - pavement. Mr. Kueny gave the staff report. In response to Councilmember Perez, Mr. Kueny stated the wording on the sign conforms to the California Vehicle Code. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt Resolution No. 98 -1484 prohibiting parking on Maureen Lane except with right wheels off - pavement. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 July 1, 1998 E. Consider Resolution No. 98- Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections and Resolution No. 98- Setting Priorities for Filing a Written Argument Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis. Staff Recommendation: Adopt Resolution No. 98- Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections and Resolution No. 98- Setting Priorities for Filing a Written Argument Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis. CONSENSUS: By consensus, the Council determined to take the item off the calendar. 11. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special City Council Meeting of May 13, 1998. Consider Approval of Minutes of the Special City Council Meeting of May 20, 1998. Consider Approval of Minutes of the Special City Council Meeting of May 27, 1998. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of July 1, 1998. Fiscal Year 1997/98 Manual Warrants 41895 - 41908 $ 6,368.14 Voided Warrants 41838 $ ( 135.00) Regular Warrants 41909 - 41939 - D $ 64,146.07 41940 - 42026 - V $ 95,981.30 Staff Recommendation: Approve the Warrant Register. C. Consider Request for Exoneration of Bond for Improvements in the Following Tracts in Mountain Meadows (PC -3): 4341 -3 (UWC- Moorpark Investors, LTD). Staff Recommendation: 1) Accept the subject improvements as complete; and 2) Authorize the City Clerk to exonerate or reduce bonds as set forth in the report. Minutes of the City Council Moorpark, California Page 12 July 1, 1998 D. Consider Resolution No. 98 -1485 Rescinding Resolution No. 96 -1228 and Re- Establishing Certain Parking Restrictions on Peach Hill Road Between Spring Road and Science Drive, as Set Forth in Resolution No. 93 -976. Staff Recommendation: Adopt Resolution No. 98 -1485 rescinding Resolution No. 96- 1128 and reestablishing the parking restrictions set forth in Resolution No. 93 -976, which provide for No Overnight Parking along a designated portion of Peach Hill Road between Science Drive and Spring Road and NO STOPPING ANYTIME along all other areas of said street segment. E. Consider Resolution No. 98 -1486 Adopting a Benefit Program for Management Employees. Staff Recommendation: Adopt Resolution No. 98 -1486 establishing a benefit program for management employees. F. Consider Exercising the City's One -Year Extension Option to an Agreement with Thousand Oaks Cab Company to Provide Paratransit Dial A Cab Services. Staff Recommendation: Approve exercising a one -year option to the Agreement and direct staff to execute an option instrument. G. Consider Exercising the City's One -Year Extension Option to an Agreement with Coach USA Antelope Valley Bus to Provide Operations and Maintenance Services for Moorpark City Transit Bus. Staff Recommendation: Approve exercising the one -year option to the Agreement and direct staff to execute an option instrument. 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. Minutes of the City Council Moorpark, California Page 13 14. ADJOURNMENT: July 1, 1998 MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 11:10 p.m. ATTEST: Deborah S. Traff tedt, City Cler