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HomeMy WebLinkAboutMIN 1987 1028 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California October 28, 1987 The adjourned meeting of the City Council of the City of Moorpark, California was held on October 28, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: The meeting was called to order at 7:15 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was continued to a time later in the meeting, since it was Council's intent to meet in Closed Session first. 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, and Mayor Clint Harper. Steven Kueny, City Manager; and Cheryl Kane, City Attorney. Absent: Councilmember John Patrick Lane (excused). 4. CLOSED SESSION: A. Potential litigation pursuant to Government Code Section 54956.9 b 1). _ _ - - - - - -- — — -- MOTION: Councilmember Brown moved and Mayor Harper seconded a motion to adjourn to Closed Session to discuss Item 4.A. Thr! voice vote was unanimous, with Councilmember Lane absent. The Council came out of Closed Session at 7:39 p.m., with City Manager Kueny stating there was no action to report. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to recess the meeting. The voice vote was unanimous with Councilmember Lane absent. The time of recess was 7:40 p.m. 1. CALL TO ORDER: The meeting was called to order at 7:45 p.m. by Mayor Clint Harper. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Galloway. Minutes of the City Council Moorpark, California _ _ 2 __ _ ___....__.__ October 28, 1987 3. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Lt. Michael Brown, Sheriff's Department; Thomas P. Genovese, Deputy City Manager; John Knipe, Assistant City Engineer; Mr. Paul Berlant, contract Project Planner from the City Engineer's Office; Mark Wessel, Traffic Engineer; and Maureen W. Wall, City Clerk. Absent: Councilmember John Patrick Lane (excused). 4. PROCLAMATIONS, COMMENDATIONS,__AND SPECIAL PRESENTATIONS: None were presented. 5. REORDERING OF, AND ADDITIONS TO, THE._AGENDA: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to add an item to the agenda concerning park policy, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous, with Councilmember Lane absent. The matter became Item 11.D. on the agenda. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to add an item to the agenda concerning patio trees, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous, with Councilmember Lane absent. The matter became Item 11.E. on the agenda. MOTION: Councilmember Brown moved to hear Item 9.C. prior to Item 9 with Councilmember Lane absent. 6. PUBLIC COMMENTS: and Mayor Harper seconded a motion A. The voice vote was unanimous, A. Ms. Teresa A. Godinez, 370 Bard Street, stated Citizens Against Mini Parks (C.A.M.P.) has no connection with the recall effort, or the Bernardo Perez campaign effort. She asked that consideration of mini -parks in the downtown area be placed on a future Council agenda. 7. COMMITTEE REPORTS: None were presented. 8. CONSENT CALENDAR: A. Agreement for the sale of 5.4 acres and payment_ of uimb Fees _(Varsity Park Estates)_. Staff recommended Council approve the Minutes of the City Council Moor ark, California_ _ _ 3 _ October 281 1987 agreement and authorize the Mayor to sign the agreement on behalf of the City. Cheryl Kane, City Attorney, gave an overview of the minor language changes she wanted to see made in the agreement. MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to approve the agreement with the amendments as stated by the City Attorney. The motion was approved by a voice vote with Mayor Harper voting no, and Councilmember Lane absent. 9. PUBLIC HEARINGS: C. Consider vesting Tract_ Nos. 4340, 4341, and 4342; Planned Development Permit Nos. 1070 1071 and 1072; and Zone Chanqe Nos. 2815, 2816 and 2817, West Village urban West Communities).. The applicant is reguestinq a_p_proval to subdivide the subject property into 499 single family lots and five recreation lots as ^ follows: Tract No. 4340, 166 lots; Tract No. 4341, 154 lots;( —.rS' and Tract No. 4342, 179 lots. _The project is located adjacent, north and south of Tierra Rejada Road between Walnut Creek Road and the north terminus of Tierra Rejada Road at the Arroyo Simi. The Planning Commission recommended the Council deny the entitlement requests without prejudice. Staff recommended Council approve the project with conditions. Patrick Richards, Director of Community Development, gave a brief overview of the project and then introduced Mr. Paul Berlant and Mr. Mark Wessel, of the City Engineer's Office. Mr. Berlant touched on several concerns which had been previously expressed by those living near the project. Mr. Wessel, Traffic Engineer, gave an overview of traffic elements of the project which were studied, and then outlined recommendations for mitigation of their concerns. Mr. John Knipe, Assistant City Engineer, outlined their concern for additional traffic signals along Tierra Rejada Road at Mountain Meadows, Peach Hill, Spring Road, and Walnut Creek, The Area of Contribution currently in place cannot accommodate funding these signals in the near future. He additionally outlined concerns of the Ventura County Flood Control District. The duly noticed Public Hearing was then opened. C -1. Mr. Tom Zanic, 520 Broadway, Suite 100, Santa Monica, addressed concerns which had been brought forth by several people concerning excess moisture in an existing area of their project. C -2. Mr. Andrew Worswick, 2500 Wilshire Boulevard, Suite 1111, of Medal 1, Worswick and Associates, Inc., stated he was a soils engineer and that the moisture problems were brought to their attention, they conducted studies, and their findings indicated most of the complaints were due to over- watering, the wrong Minutes of the City Council Moorpark, California 4 _ _October 28, 1987 placement of patios, or the changing of the original grades. It was his opinion that there was not an undo amount of water in this tract. C -3. Mr. Leonard C. Hayes, 388 Dawson Drive, Camarillo, of Tierra Tech Testing Lab., Inc., stated he had tested five individual homes whose owner's had complained about too much water and /or moisture in their homes. They did not find any unusual amount of water under the slabs. AT THIS POINT IN THE MEETING, the Council recessed. The time was 9:24 p.m. At 9:52 p.m. the Council reconvened, with Councilmember Lane excused. C -4. Mr. Joel C. Silverman, 24013 Ventura Boulevard, Calabasas, of J.S.A., representing the applicant, stated it was the desire of the developer to form a cohesive neighborhood. C -5. Mr. Glenn C. Hawks, 2323 Portola Road, Ventura, Hawks and Associates, hydraulic engineer for the applicant, generally addressed the wash, drain and retention basin located in the proposed project. C -6. Mr. Rick Hume, 2984 Mountain View Drive, Laguna Beach, of FORMA, representing the applicant., spoke concerning the park side development. C -7. Mr. Lee Ward, 106 South Mentor Avenue, Pasadena, Linscott, Law & Greenspan, traffic engineers for the applicant, stated they had looked at the traffic studies, and had made sure that concerns had been adequately addressed with mitigation measures being proposed as necessary. AT THIS POINT IN THE MEETING, the Council recessed. The time was 11:22 p.m. At 11:42 p.m. the Council, with Councilmember Lane absent, reconvened. C -8. Mr. Michael Slater, 30 Flory Avenue, of Moorpark Unified School District, stated the district had two concerns; one dealing with the water course on the north side of the site, and the other dealing with the size of the site. Both concerns had been met. He asked the City Council to allow the project to go forward, so that they could open the school in September of 1989. C -9. Mr. Jerry Nowak, 800 South Victoria, Ventura, of Ventura County Flood Control District, felt their concerns were being addressed adequately. C -10. Mrs. Connie Lawrason, 4291 Ambermeadow Street, asked the Council to delay the development of West Village, C -11. Mr. Keith Glover, 12509 Crystal Ranch Road, spoke in support of the project. C -12. Mr. Gregory Barker, 12453 Hillside Drive, President of Buttercreek II Homeowners' Association, stated they would like to see the City a little more open minded. He reminded Council Minutes of the City Council Moorpark. California 5 October 28, 1987 the West Village project had been approved by another governmental agency some time in the past. C -13. Mr. Jim Brady, 12419 Sunnyglen Drive, President of Creekside II Homeowners' Association, spoke in favor of approving the West Village Project. C -14. Ms. Pat Best, 12675 Williams Ranch Road, Past President of Buttercreek Homeowners' Association, stated that she had signed a petition asking for help with their seepage problems. It had been their experience in the past that Urban West Communities did what it could to make their purchasers happy. She felt the project should be approved. C -15. Mr. Tom Thompson, 12623 Hillside Drive, Past President of Tierra Rejada Neighborhood Council, urged the Council to allow the project to be built. C -16. Mr. Steve Sill, 12419 Willow Forest Drive, Past President of Willows II Homeowners' Association, felt Urban West Communities developed a nice project, and was good to deal with. He supported approval of the project. C -17. Jeanne A. Dewhurst, 4176 Santa Rosa Drive, stated she was very concerned that the flood control channel work be adequate. She was also concerned about traffic, concerned about their loss of privacy in the Home Acres area, and concerned with the transition of lifestyles between the existing development and the proposed project. C -18. Ms. Jocelyn Reed, 10851 Citrus Drive, stated she felt the project as proposed would cause negative environmental impacts. C -19. Mr. Marcus Weise, 10702 Citrus Drive, of Home Acres Neighborhood Council, stated he was concerned with insect breeding in the flood retention basin of the project. It also seemed that if water was held in this basin, there would be a rather large body of water which would be unfenced. C -20. Mr. Bruce Stroughton, 1.1099 Dalaway Drive, Home Acres Neighborhood Council, was concerned with the location of the school site and possible flood hazards. He felt illegal dumping on the site might also be polluting the water table, and that an updated EIR on the project might further protect the City. C -21. Ms. Jean Tufts, 4138 Santa Rosa Drive, was concerned with drainage problems. She was also concerned with residents ability to travel westbound on Highway 118 from Hitch Boulevard, and the impact additional 'raffic would have on this dangerous intersection. C -22. Mr. C. D. Heinrich, 4295 Hitch Boulevard, spoke against the project. Minutes of the City Council Moorpark, California _October 28, 1987 C -23. Ms. Barbara Johnston, 13649 Christian Barrett, spoke in favor of the project. C -24. Ms. Diane Paffendorf, 12569 Crystal Ranch Road, urged the Council to approve the West Village project. C -25. Ms. Colleen Collins, 4258 Countrymeadow, did not agree that the moisture problems were the result of homeowners' over - watering. She asked the Council to delay approval of the project until the moisture problems could be resolved. C -26. Ms. Janet Ventura, 12629 Ambermeadow, spoke against the development of the project. C -27. Ms. Linda Marinier, 4273 Countrymeadow Street, spoke against the project, and also spoke concerning moisture problems she was having. C -28. Ms. Gwen Carlson, 4308 Ambermeadow, spoke against the project also outlining her moisture problems. C -29. Ms. Sonia Gutierrez, 12646 Countrymeadow, spoke against the project, and told of her moisture problem. C -30. Ms. Carolyn Schrimpf, 12788 Summer Street, told of her problems with mold and moisture, and with her unhappiness with Urban West since they would not resolve the problems she was having. C -31. Ms. Terry F. Cook, 4435 Autumnglen Court, was upset that mold and moisture problems were :till occurring. C -32. Mr. Jeff Callaway, 3041 Ternez, stated he would like to see a better buffer zone between the existing development and the proposed project. He urged the Council to not approve the plan until all questions raised had been answered. The following people left Speaker Cards indicating they were opposed to the project: Mr. Jim Porter, Ms. Kim Ramseyer, Ms. Vicky Kalbfleish, Mr. Steve Ramseyer, Ms. Rose Morrell, Daniel & Susan Stack, Ms. Marti Peltonen, Mr. Chris Peltonen, Mr. Mike Ancone, Mr. Art Morrell, Ms. Hazel Daniel, Ms. Nadine Howell, Mr. Lee Daniel, Ms. Dallas Ancone, Mr. R. E. McCleery, Ms. Leslie McCleery, Mr. Edward Subilosky, Ms. Margaret Kirnig, Mr. John W. Kirnig, Len & Rita Robinson, Ms. Jean Horlacher, and Mr. Robert Horlacher. The following people left Speaker Cards indicating they supported the project: Mr. Joseph Hinsberg (with Planning Commission's conditions applied), Ms. Patti Smith, Mr. Brad Winner, and Mr. Ron Noble. Mr. Tom Zanic, representing the applicant, stated they were not willing to grant the City a time extension. Minutes of the City Council Moorpark, California 7 __ October 28987 MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to continue the Public Hearing to Friday, October 30, 1987 at 6:00 p.m. The voice vote was unanimous, with Councilmember Lane absent. AT THIS POINT IN THE MEETING, the Council recessed. The time was 1:40 a.m. At 1:54 a.m. the Council, with Councilmember Lane absent, reconvened. A. A Public Hearing to consider the approval of a resolution finding and declaring certain private roads in Tract No. 3963 -1 (Griffin Homes) subject to California Vehicle Code Section 21107.5. Staff recommended Council approve the resolution. The Public Hearing was continued to October 30, 1987, at 6:00 p.m. B. A Public Hearing to consider_ the approval of a resolution finding and declaring certain private roads in Tract Nos. 4140, 4141, and 4142 (Urban West Communities) subject to California Vehicle Code Section 2110.7.5. Staff recommended Council approve the resolution. The Public Hearing was continued to October 30, 1987, at 6:00 p.m. 10. COMMENTS FROM COUNCILMEMBERS: None were made. 11. DISCUSSIONIACTION ITEMS: A. Consider the establishment _o_f- priorities for City_projects and responsibilities. Staff recommended Council give staff direction as deemed appropriate. The item was continued. B. Report concerning homeowner comp_la.ints_o_n Williams Ranch Road. Staff recommended Council direct staff as deemed appropriate. The item was continued. C. Consider the grading within Tract No. 3963 -2 (Griffin) to construct Collins Drive. Staff recommended Council approve tho grading plan for Collins Drive. The item was continued. D. Consider a park policy_. The item was continued. E. Consider patio trees for the Commun_it�i Center. Minutes of the City Council Moorpark, California _ .8 ...... ________ October 28, 1987 The item was continued. 12. ORDINANCES: A. Ordinance No. 91. An ordinance amending Measure F, an ordinance establishing a residential development management system of the City of Moorpark, relative to the annual residential development allotment for calendar year 1986 Staff recommended Council approve the ordinance for second reading and adoption. The item was continued. B. Ordinance No. An ordinance_ amending Chapter 2.06 of Title 1 of the Moorpark Municipal Code, relating to the resignation of commissioners. Staff recommended Council approve the ordinance for first reading and introduction. The item was continued. 13. FUTURE AGENDA ITEMS: The following item was directed to be placed on the November 4, 1987 Council agenda: reorganization of the City Council. 14. CLOSED SESSION: A. Potential litigation _pursuant to Government Code Section 54956.9(b) (1) . -- --- - - --- MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to go into Closed Session to discuss Item 14.A. The voice vote was unanimous, with Councilmember Lane absent. The time of adjournment to closed session was 2:00 a.m. At 3:07 a.m. the Council came out of Closed Session, and stated there was no action to report. 15. ADJOURNMENT: MOTION: Councilmember Galloway moved and Councilmember Brown seconded a motion to adjourn the meeting to October 30, 1987, at 6:00 p.m. The voice vote was unanimous, with Councilmember Lane absent. The time of adjournment was 3:09 a.m. 6���4 Mayor ATTEST: