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HomeMy WebLinkAboutMIN 1987 1109 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California _ _ November_9_1987 The adjourned meeting of the City Council of the City of Moorpark, California was held on November 9, 1987, in the Council Chambers of City Hall located at 799 Moorpark Avenue, Moorpark, California. 1, 2 3 4. 5. C 7. CALL TO ORDER: The meeting was called to order at 7:45 p.m. by Mayor Clint Harper. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember John Patrick Lane. ROLL CALL: Present: Councilmembers Eloise Brown, Thomas Ferguson, John Galloway, John Patrick Lane, and Mayor Clint Harper. Steven Kueny, City Manager; Cheryl Kane, City Attorney; Patrick Richards, Director of Community Development; Thomas P. Genovese, Deputy City Manager; John Knipe, City Engineer; and Maureen W. Wall, City Clerk. PROCLAMATIONS, COMMENDATIONS--AND--SPECIAL PRESENTATIONS: None were presented. REORDERING OF,_AND ADDITIONS TO.,_THE AGENDA: MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to add an item to the Closed Session calendar, since the need to take action arose subsequent to the posting of the agenda: Litigation concerning B.I.A. versus the City of Moorpark. The voice vote was unanimous, and the item became 14.C. on the agenda. PUBLIC COMMENTS: A. Mrs. Patti Smith, 12686 Countrymeadow Street, asked the Council to leave Dr. Harper in the office Mayor. B. Ms. AnnaBell Sessler, 6061 Gabbert Road, spoke in support of the Council as presently composed. Mayor Harper stated that if two Counciilmembers wanted him out of the office of Mayor, he would resign. COMMITTEE REPORTS: Minutes of the City Council Moorpark, California _ _ _2 _ November 9, 1987 Councilmember Brown reported they had contacted the Angeles Mobile Home Park. The person stat City's help since she had hired an attorney Councilmember Lane reported the other person intervention, had reached a satisfactory Management. the remaining person in ed she did not need the to address her needs. who might have needed agreement with Topa Councilmember Galloway reported the ad hoc patio tree committee had met. It had been determined that the best trees to plant on the Community Center patio would be magnolias. Staff was directed to carry out this recommendation, by consensus of Council. 8. CONSENT CALENDAR: C. Resolution No. 87 -427. A resolution authorizing the placement and maintenance of "stop" signs at the intersection of Christian Barrett Drive and Cedarpine Lane. Staff recommended Council approve Resolution No. 87 -427 Councilmember Lane reviewed the situation involved. He felt traffic along Christian Barrett Drive at Cedarpine Lane needed to be slowed down to protect the children in the area. MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to approve Resolution No. 87 -427, to install crosswalks on all corners but the west side of the intersection, and to mark curbs in red near the intersection. The voice vote was unanimous. By consensus of Council, Lt. Michael Brown was directed to report back to the Council whether or not other signage and markings should be installed at this intersection. 9. PUBLIC HEARINGS: C. Consi Devel Nos. vesting Tract Nos. 4340, 4341, and 4342: Planned nt Permit Nos. 1070, 1071 and 1072; and Zone Change 2816 and 2817, West Village Urban West Communities)._ The applicant is reguestinc��proval to subdivide the subject property into 499 single family lots and five recreation lots as follows: Tract No. 434.0166_ lots; Tract _No. 4341, 154 lots;. and Tract No. 4341, 179 lots. The project is located adjacent. and the north terminus of Tierra R_ejada Road_ at the Arroyo Simi. The Planning Commission recommended Council deny the entitlement requests without prejudice. Staff recommended Council approve the project with conditions. The City Council continued discussion by reviewing the draft conditions for the project. By consensus of Council, no asbestos pipe will be allowed in the project. A condition was added to provide future participation in a City assessment district for the maintenance of all on -site open space areas, to be activated as necessary at the City's option, should the Minutes of the City Council Moorpark, California _ _ 3 November 9, 1987 homeowners' in the association not maintain areas in a satisfactory manner, the cost of the maintenance would be borne by the owners within each tract. A condition was also added which provided the developer would receive reimbursement for traffic signals from available A.O.C. funds when funds were determined to be available by the Council, and after other reimbursement obligations which predated these reimbursements were met. Prior to approval of the final map, the developer was to post sufficient surety with the City in an amount determined by the City Engineer for construction of the traffic signals at various intersections. The developer was also to install the stub -in utility line service to the Community Park, provide improvement plans for the ultimate construction of the road to the Community Park extending from the faculty entrance of the new high school to the west property line of the park in a precise alignment approved by the City, and rough grade the road to the satisfaction of the Council, prior to the issuance of the first zone clearance in the West Village. Prior to the issuance of the 100th zone clearance, the road was to be installed per plans approved by the City with the developer and City sharing equally in the actual construction costs of the road, exclusive of design, engineering, grading or utilities costs. The developer was to pay the applicable contribution to the applicable A.O.C. fund at applicable fee rate at the time of payment, prior to the issuance of a zone clearance for any building permit. AT THIS POINT IN THE MEETING, the Council recessed, the time being 10:30 p.m. At 10:45 p.m. the full Council reconvened. Mr. Tom Zanic, representing Urban West Communities, stated they were strongly opposed to placing horse trails along the project site since they wanted to avoid the interaction of the two current lifestyles. They felt a buffer zone would be more appropriate to keep the apparent differing lifestyles apart. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to go into Closed Session to discuss potential litigation pursuant to Government Code Section 54956.9(b)(1). The voice vote was unanimous. The time of adjournment was 11:15 p.m. At 11:25 p.m. the full Council reconvened in Open Session. No action was reported. MOTION: Councilmember Lane moved and Councilmember Galloway seconded a motion to direct that a condition for a 12' easement from Dalaway Drive to the Arroyo Simi be added to the project for the purpose of enhancing the buffer area and extending the transition from the project to the Home Acres area, with the additional area to be maintained by the assessment district which is to be formed. The motion was approved with Councilmembers Brown and Ferguson voting no. Minutes of the City Council Moorpark, California Mr. Zanic felt this Ferguson felt this City which he could the area should buy might be involved. 4 November 9, 1987 condition had gone too far. Councilmember additional area would add liability to the not support. He also thought homeowners in it, and thereby assume the liability which Cheryl Kane, City Attorney, then read Ordinance No. 92, an ordinance approving Zone Change Nos. Z -2815, Z -2816 and Z -2817, on application of Urban West Communities, in title only. MOTION: Councilmember Brown moved and Councilmember Galloway seconded a motion to waive further reading of Ordinance No. 92, and to declare the ordinance read for the first time. The voice vote was unanimous. MOTION: Councilmember Lane moved and Councilmember Brown seconded a motion to approve Resolution No. 87 -428, a resolution accepting the subsequent use of the EIR for PC -3 for this application, approving the Change of Zone No. 2815, Vesting Tentative Tract No. 4340 and RPD -1070, with Exhibits 1 and 2 as amended. The voice vote was unanimous. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to approve Resolution No. 87 -429, a resolution accepting the subsequent use of the EIR for PC -3 for this application, approving Change of Zone No. 2816, Vesting Tentative Tract No. 4341 and RPD -1071, with Exhibits 1 and 2 as amended. The voice vote was unanimous. MOTION: Councilmember Lane moved and Councilmember Galloway seconded a motion to approve Resolution No. 87 -420, a resolution accepting the subsequent use of the EIR for PC -3 for this application, approving Change of Zone No. 2817, Vesting Tentative Tract No. 4342 and RPD -1072, with Exhibits 1 and 2 as amended. The voice vote was unanimous. AT THIS POINT IN THE MEETING, the Council recessed. The time was 12:30 a.m. At 12:45 a.m. the full Council reconvened. MOTION: Councilmember Lane moved and Mayor Harper seconded a motion to add an Item to the agenda concerning certification of the election results for the Special Election held on November 3, 1987, since the need to take action arose subsequent to the posting of the agenda. The motion failed with Councilmembers Ferguson and Galloway voting no, and Councilmember Brown abstaining from the vote. 10. COMMENTS FROM COUNCILMEMBERS. A. Consider reorganization. of the City__C_ounc_il. Councilmember Ferguson nominated Councilmember John Galloway to the position of Mayor. Mayor Harper nominated Councilmember John Patrick Lane to the position of Mayor. Councilmember Lane nominated Mayor Clint Harper to the position of Mayor. Mayor Harper withdrew his name from the nomination. Votes were then Minutes of the City Council Moorpark, California _ 5 _. November 9, 1987 cast beginning with the first nomination, and continuing until one received a majority of votes. A roll call vote for nominee John Galloway resulted in a majority of votes cast with Councilmember Lane and Mayor Harper voting no. Mr. Harper then passed the gavel to newly appointed Mayor, John Galloway. Nominations for Mayor Pro Tem were then opened by Mayor Galloway. Councilmember Ferguson nominated Councilmember Eloise Brown. Councilmember Harper nominated Councilmember John Patrick Lane. Votes were then cast beginning with the first nomination, and continuing until one received a majority of votes. A roll call vote for nominee Eloise Brown resulted in a majority of votes cast with Councilmembers Harper and Lane voting no. Eloise Brown was appointed as Mayor Pro Tem by the Council. Councilmember Harper brought attention to how the reorganization of the Council was accomplished just after Councilmember Ferguson was recalled from his office by a 3 -to -1 vote of the people. 11. DISCUSSION /ACTION ITEMS: F. Consideration of a landscaping plan for the southwest corner of Spring Road and Peach_ _Hill _Road (Marlborough). Staff recommended Council direct staff as deemed appropriate. Steven Kueny, City Manager, suggested the City proceed with landscaping of this area, and also look into maintenance of the area once landscaped. MOTION: Councilmember Brown moved and Councilmember Ferguson seconded a motion to complete the irrigation and allow the homeowners' association to install the planting materials according to their schedule, with boulders to be added to the plan as offered. The voice vote was unanimous. G. Consider the exoneration of the Model Home Conversion B Staff recommended Council staff as deemed appropriate. for rect. John Knipe, Assistant City Engineer, gave an overview of this matter by reviewing his staff report dated October 29, 1987. MOTION: Councilmember Harper moved and Councilmember Brown seconded a motion to exonerate Subdivision Improvement Performance Bond Number 710971S issued by Developers Insurance Company in the amount of $10,000. The voice vote was unanimous. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to add an item to the agenda concerning certification of the election results of the Special Election held November 3, 1987, since the need to take action arose subsequent to the posting of the agenda. The voice vote was unanimous. The matter became Item 11.H. on the agenda. Minutes of the City Council Moorpark, California _ 6_ _____ November 9, 1987 H. Resolution No. 87 -431, a resolution reciting the fact of the Special Municipal Election held on November 3, 1987, and declaring the results and such other matters as required by law. MOTION: Councilmember Brown moved and Mayor Galloway seconded a motion to approve Resolution No. 87 -431, a resolution reciting the facts and declaring the results of the November 3, 1987 election during which Thomas C. "Bud" Ferguson was recalled from the office of Councilmember of the City of Moorpark, with a Special Election to be called to fill the vacancy on the City Council. The voice vote was unanimous. AT THIS POINT IN THE MEETING, Thomas Ferguson left the dais. 14. CLOSED SESSION: A. Potential litigation ___pursuant__ to__ Government Code Section 54956.9(b)(1). — -- -- - - - - -- B. Litigation concerninq__A -C Construction versus the City of Moorpark C. Litigation concerning_B_I_A_. versus the City of Moorpark. MOTION: Councilmember Harper moved and Councilmember Lane seconded a motion to go into Closed Session to discuss Items 14.A., 14.B., and 14.C. The voice vote was unanimous. The time of adjournment to Closed Session was 1:35 a.m. Councilmembers Eloise Brown, Clint Harper, John Patrick Lane, and Mayor John Galloway were present, as well as Steven Kueny, City Manager; Cheryl Kane, City Attorney; and Patrick Richards, Director of Community Development. At 1:45 a.m., Mr. Richards left the Closed Session. The Council reconvened in Open Session at 2:21 a.m., stating there was no action to report. 15. ADJOURNMENT: MOTION: Councilmember Brown moved and Councilmember Lane seconded a motion to adjourn the meeting. The voice vote was unanimous. The time of adjournment was 2:23 a.m. W ' . " .� ATTEST: