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HomeMy WebLinkAboutMIN 1999 0908 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California September 8, 1999 A Special Meeting of the City Council of the City of Moorpark was held on September 8, 1999, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:36 p.m. John Nowak, Assistant City Manager, led the Pledge of Allegiance. 2. ROLL CALL: Present: Councilmembers Evans, Harper, Rodgers, Wozniak, and Mayor Hunter Staff Present: Steven K Assistant Attorney; Community Planner; Clerk. ueny, City Manager; John Nowak, City Manager; Cheryl Kane, City Mary Lindley, Director of Services; John Libiez, Principal and Deborah Traffenstedt, City 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: Mayor Hunter suggested that the agenda be reordered to take Items 4.B. and 4.C. before Item 4.A. CONSENSUS: By consensus, the City Council determined to reorder the agenda to consider Items 4.B. and 4.C. before Item 4.A. B. Consider Request by Packer Football to Install and Use Lights at Arroyo Vista Community Park. Staff Recommendations: 1) Approve the installation and use of lights, as specified in the Agenda Report, by Packer Football at the Arroyo Vista Community Park football practice field for the 1999 season; 2) Indicate its intent to evaluate the continued use of Minutes of the City Council Moorpark, California Page 2 September 8, 1999 the lights at the conclusion of Packer's 1999 season; and 3) Approve the proposed Amendment to the Joint Use Agreement with the Moorpark Boys and Girls Club (Moorpark Packer Football) incorporating the Council's direction regarding installation and use of lights for the 1999 season and the Council's consideration of continued use upon the completion of this year's season; and 4) Authorize the City Manager to sign the Amendment on behalf of the City, pending final language changes by the City Manager and City Attorney. Mary Lindley gave the staff report. She stated that in addition to the information contained in the staff report regarding the requested lights, Packer Football had requested to be allowed to locate "Port -a- Potties" at the field during the football season. She also stated that, if the Council concurred, language would be included in the Packer Football Agreement pertaining to the proposed portable toilet facilities. In response to Mayor Hunter, Ms. Lindley stated that two. "Port -a-Potties" had been requested and were proposed to be located near the Packer Football storage facility and bleachers, and that the portable toilets would be removed at the end of the season. MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to approve the amended staff recommendation: 1) Approve the installation and use of lights, as specified in the Agenda Report, by Packer Football at the Arroyo Vista Community Park football practice field for the 1999 season; 2) Indicate its intent to evaluate the continued use of the lights at the conclusion of Packer's 1999 season; and 3) Approve the proposed Amendment to the Joint Use Agreement with the Moorpark Boys and Girls Club (Moorpark Packer Football) incorporating the Council's direction regarding installation of two portable toilets and installation and use of lights for the 1999 season and the Council's consideration of continued use upon the completion of this year's season; and 4) Authorize the City Manager to sign the Amendment on behalf of the City, pending final language changes by the City Manager and City Attorney. The motion carried by unanimous voice vote. C. Consider Amicus Support in Kajima /Ray Wilson v. Los Angeles County Metropolitan Transportation Authority. Staff Recommendation: Direct the City Attorney to sign the Minutes of the City Council Moorpark, California Page 3 September 8, 1999 representation form authorizing the City of Moorpark to be added to the amicus brief. Ms. Traffenstedt stated that the staff report would be waived. MOTION: Councilmember Harper moved and Councilmember Rodgers seconded a motion to direct the City Attorney to sign the representation form authorizing the City of Moorpark to be added to the amicus brief. The motion carried by unanimous voice vote. A. Consider Adoption of a Resolution Directing the Planning Commission to Set a Public Hearing and Provide a Recommendation on a Zoning Code Amendment Related to Recession of Ordinance 244. Staff Recommendation: Adopt Resolution 99- Staff Recommendation: Adopt Resolution 99- The City-Manager suggested that the Council go into closed session before a decision on this item, and stated that the Council may want to take any public comment prior to closed- session. William Ross, 520 S. Grand Avenue, Suite 300, Los Angeles, representing Hidden Creek Ranch, L.P., and Shapell Industries, Inc., stated that the initiation of the proposed action would create zoning that would be inconsistent with the General Plan. He also stated that this additional proposed action would deprive the property owners from all economic value of their property. He respectfully suggested that the time was not appropriate to initiate a zoning amendment inconsistent with the General Plan. In response to Mayor Hunter, Mr. Ross stated that it was inappropriate to initiate a zone change at this time based on existing case law applicable to takings and in the areas applicable to the litigation, because the litigation is not yet final. He also stated that the rezoning would deprive the litigants of the right to seek adjudication in another branch of the government. He further stated that this is a separation of powers issue and that there was an obligation to raise these issues in a timely manner to satisfy any exhaustion of administrative remedies issue that may be before the Council. Minutes of the City Council Moorpark, California Page 4 September 8, 1999 Mayor Hunter indicated that Item 4.A. would be tabled and asked for a closed session motion. AT THIS POINT in the meeting, Councilmember Rodgers declared that due to the potential for a conflict of interest, she would not be participating in the discussion for Hidden Creek Ranch related items in closed session and would not return to the dais when Item 4.A. returned for open session. 5. CLOSED SESSION: The City Manager announced that one case under Item 4.A. and Items 5.C. 5.D., 5.E., 5.F., 5.G., 5.H., 5.I., 5.J., and 5L. on the agenda were to be discussed in closed session. The City Attorney announced that the facts and circumstances creating significant exposure to litigation consist of a written communication threatening litigation received from Bruce Poetter, attorney for Hidden Creek Ranch L.P., and from the Environmental Coalition and Roseann Mikos regarding rezoning of property commonly - referred to as Specific Plan No. 8. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adjourn to closed session for a discussion of one case under Item 5.A and for Items 5.C. 5.D., 5.E. , 5.F., 5.G., 5.H., S.I., S.J., and 5.L. on the agenda. The motion carried by unanimous voice vote. The time was 6:44 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) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) Minutes of the City Council Moorpark, California Page 5 September 8, 1999 D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD. vs. City of Moorpark (Case No. SCO23052) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo, LTD., a limited partnership vs. City of Moorpark (Case No. SCO21503) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Villa Del Arroyo ,„a limited partnership, dba Villa Del Arroyo Mobilehome Park vs. City of Moorpark, California Department of Transportation, and Ventura County Flood Control District (Case No. SC 022015) H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership vs. The City of Moorpark and to Real Parties in Interest: Clint Harper, Roseann Mikos, Andrew Prokopow, and Committee to Qualify Hidden Creek Referendum Controlled by Clint Harper and Roseann Mikos (Case No. SCO21959) I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark, the City Council of the City of Moorpark, and Ventura Local Agency Formation Commission (Case No. SCO23378) Minutes of the City Council Moorpark, California Paqe 6 September 8, 1999 K. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Administrative Services Manager, City Clerk, Director of Community Development, Director of Community Services, Director of Public Works, Finance /Accounting Manager, Planning Manager, Principal Planner, Recreation Superintendent, and Senior Management Analyst L. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, City Attorney, City Clerk, City Manager, City Engineer, Chief of Police, Director of Community Development, Director of Community Services, Director of Public Works Present in closed session were all Councilmembers. Also present in closed session were Steven Kueny, City Manager; Cheryl Kane, City Attorney; John Nowak, Assistant City Manager; John Libiez, Principal Planner; and Deborah Traffenstedt, City Clerk. Councilmember Rodgers did not - participate in the discussion for the one case under Item 5.A. and for Item 5.J. The Council reconvened into open session at 8:14 p.m. Mr. Kueny stated that there was no action to report and that only one case under Item 5.A. and Item 5.J. had been discussed. Councilmember Rodgers did not return to the dais. Mayor Hunter announced that the Council would return to discussion of Item 4.A. Councilmember Harper stated that given discussion with the City Attorney in closed session, his recommendation was that the Council should ask for a revision to Resolution No. 99 -1637 to include reference to Ordinance No. 244. Mayor Hunter stated that a modification to Resolution No. 99 -1637 to include such reference to Ordinance No. 244 appears appropriate. In response to Councilmember Evans, Ms. Kane stated that rezoning of the subject property would supercede Ordinance No. 244, and that there is no legal need to take action to Minutes of the City Council Moorpark, California Page 7 September 8, 1999 specifically rescind an ordinance that is superceded by a subsequently approved zone change ordinance. Councilmember Evans referenced page 5 of a letter from Dr. Roseann Mikos dated September 3, 1999, that had been included with the staff report. In response to Councilmember Evans, Ms. Kane stated that the subject Hidden Creek Ranch property is no longer designated as a Specific Plan, since Measure S, the Save Open Space and Agricultural Resources (SOAR) Initiative, designates a maximum of one dwelling unit (du) per 20 acres and deleted all references to a Specific Plan for the property. In response to Councilmember Evans, Ms. Kane stated that the Measure S designation of 1 du per 20 acres for the Land Use Element is different from the Open Space, Conservation and Recreation (OSCAR) Element provision of 1 du per 40 acres for the site. 'She also stated that any new zoning would have to be consistent with 1 du per 40 acres to harmonize the General Plan Elements, unless the OSCAR, Element is revised to reflect the 1 du per 20 acres designation in the Land Use Element. In response to Councilmember Evans, Ms. Kane confirmed that the Council, through adoption of Resolution No. 99 -1637, had already started action to implement the SOAR Initiative Councilmember Harper stated that the advantage of the proposed modification to Resolution No. 99 -1637 was that it would make more clear to the public what the Council's intent is to implement the will of the people. Mayor Hunter stated that the modification would provide explicit versus implied direction to the Planning Commission. Councilmember Evans stated that ever since the SOAR Initiative passed the entire City Council has tried to implement the will of the people and minimize the threat of lawsuits. He also stated that the City Attorney had told the Council that the process to rezone the subject property has already been initiated and direction has been given to staff. Minutes of the City Council Moorpark, California Page 8 September 8, 1999 In response to Councilmember Evans, Ms. Kane confirmed that the Council has already started the process to rezone the property. Councilmember Harper stated that it was worth the effort to make clear the intent of the resolution. MOTION: Councilmember Harper moved and Mayor Hunter seconded a motion to direct staff to prepare a revision to Resolution No. 99 -1637, to include in the body and title of the resolution a direct reference to Ordinance No. 244, and to bring back the revised resolution at the Council's next regular meeting. The motion failed due to a tied 2 -2 vote, Councilmember Rodgers absent. Mayor Hunter stated that the tie vote meant that no action would be taken. 6. ADJOURNMENT: MOTION: Councilmember Evans moved and Councilmember Harper seconded a motion to adjourn. The motion carried 4 -0,, Councilmember Rodgers absent. The time was 8:32 p.m. i0ol/UT trick H ter, Mayor ATTEST: Deborah S. Traf f ens'E(dt City Clerk