The URL can be used to link to this page

Home My WebLink AboutMIN 1996 0410 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California April 10, 1996 A Adjourned Regular Meeting of the City Council of the City of Moorpark was held on April 10, 1996, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:14 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Deborah Traffenstedt; Senior Planner; Lillian Hare, City Clerk 4. PUBLIC COMMENT: Pete Peters, 7155 Walnut Canyon Road, addressed the Council and said that 5,000 to 6,000 yards of dirt had been moved on the Bollinger property. He showed the Council pictures which he had taken of the site. 8. PUBLIC HEARINGS: A. Consider Approval of the Moorpark Country Club Estates Project Proposed by Bollinger Development Corporation (General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No.94 -1). Staff Recommendation: 1) epen the public (PUBLIC HEARING IS CLOSED); 2) Consider draft conditions of approval and provide staff with any comments regarding required revisions; 3) Direct staff to provide the City Council with the Addendum to the Final EIR and any recommended revisions to conditions for a continued public hearing on March 13, 1996; 4) Direct staff to provide the City Council with a draft Mitiga - ion Monitoring Program, EIR Findings, and Statement of Overriding considerations, the City Council's meeting on March 20, 1996; and 5) Continue the public hearing to March 13, 1996 (CONTINUED ITEM) Minutes of the City Council Moorpark, California Page 2 April 10, 1996 CONSENSUS: By consensus the Council determined to defer this item until after action on item 8.B. B. Consider Ordinance No. Of the City of Moorpark, California Approving Development Agreement 95 -1 Between the City and Bollinger Development Corporation. Staff Recommendation: Approve Ordinance NO. For first reading. (PUBLIC HEARING IS OPEN) (CONTINUED ITEM) Mr. Kueny suggested reviewing the issues which remain regarding the Development Agreement. He said that relative to the method of financing, the City received languages changes late this afternoon. He said because of the late submittal, he and the City Attorney were not prepared to make recommendations on the financing to the Council this evening. He said another issue is the ownership of the property. He said as Mr. Bollinger does not own the property but only has a sales contract for the property, there is a problem relative to recordation of the Development Agreement which must occur ten (10) days following approval of the final map. He said because Mr. Bollinger does not own the property and because of financing needs, is will take approximately 120 days to close escrow. Mayor Lawrason indicated that the public hearing was open. Harvey Plaks, 4957 Mira Sol, addressed the Council in support of the project. Mr. Bollinger, 2820 Townsgate, Westlake Village, addressed the Council. He said in response to Mr. Peters statements about grading, he consulted with the City prior to building five pads for soils testing. He said, in response tc Council question, that no new grading had occurred on the site. Mr. Bollinger indicated that the goal was to have the City in second position with a trust deed against lots 219 and 220. Mr. Bollinger continued by reviewing the hand written note provided to the City Manager and to the City Council regarding the timing for his financing. He indicated that the surety bonds would be provided prior to recordation of the final map. Mr. Kueny responded that Mr. Bollinger's attorney had indicated that the bonds had to be last. He said it was F� Minutes of the City Council Moorpark, California Page 3 April 10, 1996 the attorney's explanation and the City's understanding that the funding for the bonds was coming out of the construction loan. Mr. Bollinger indicated he believed there was confusion. He said the bonds will be in place prior to recordation of the final map. AT THIS POINT IN THE MEETING, Mr. Bollinger requested a one minute recess. CONSENSUS: By consensus the Council determined to grant the recess. The time was 7 :33 p.m. The Council reconvened at 7 :40 p.m. Mr. Bollinger confirmed that he agreed that the performance sureties will be in place at the time of request for final map. In response to Council question, Mr. Bollinger indicated that the property owners would not sign the Development Agreement. He said, however, the City is protected by provisions in the Developer Agreement. Mr. Kueny responded that certain language has been moved from the conditions into the Development Agreement, such as early grading, which gives the City some protection. He said the time for use inauguration could be shortened. Mr. Bollinger indicated he would work with staff and did not see a problem "shortening periods" if necessary. Mr. Kueny indicated that Mr. Bollinger needed to deposit the appropriate deposits as requested by the City. He indicated that Sr. Planner Debbie Traffenstedt would provide Mr. Bollinger with the amounts required. Steve Graven, 287 Casey Road, addressed the Council regarding the Bollinger project and indicated he did not support approval. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to continue with this item to April 17, 1996 at 7:00 p.m., the Public Hearing to remain open. The motion carried by voice vote 4 -0. Minutes of the City Council Moorpark, California Page 4 April 10, 1996 A. Consider Approval of the Moorpark Country Club Estates Project Proposed by Bollinger Development Corporation (General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No.94 -1). Staff Recommendation: 1) hearing and takt= Pt1b!iU-tt:-,Sti1Lt1-)1!y (PUBLIC HEARING IS CLOSED); 2) Consider draft conditions of approval and provide staff with any comments regarding required revisions; 3) Direct staff to provide the City Council with the Addendum to the Final EIR and any recommended revisions to conditions for a continued public hearing on March 13, 1996; 4) Direct staff to provide the City Council with a draft Mitigation Monitoring Program, EIR Findings, and Statement of Overriding considerations, the City Council's meeting on March 20, 1996; and 5) Continue the public hearing to March 13, 1996 (CONTINUED ITEM) Mr. Kueny indicated that in light of the relationship of items 8.A. and 8.B., he would recommend that staff be allowed to bring back modified conditions of approval for the April 17, 1996 meeting. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to continue this item to April 17, 1996. The motion carried by voice vote 4 -0. 9. PRESENTATIONS /ACTION /DISCUSSION: L. Consider Preliminary Quality of Life Thresholds /Standards for New Growth Management Program. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to continue this item to May 1, 1996. The motion carried by voice vote 4 -0. 12. CLOSED SESSION: MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to adjourn to Closed Session for a discussion of item 12.C. and 12.F. as listed below: C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Portion of 506 - 010 -045 Negotiating parties: City of Moorpark and Southern California Edison Under Negotiation: Price and terms of payment F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957), 1't Ir Minutes of the City Council Moorpark, California Page 5 April 10, 1996 Title: City Manager, Deputy City Manager, Director of Community Services, Public Works Director, City Clerk, Chief of Police, City Engineer, and City Attorney The motion carried by voice vote 4 -0. AT THIS POINT IN THE MEETING a recess was declared. The time was 8:15 p.m. The Council reconvened into Closed Session at 8:20 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney. Ms. Kane and Mr. Hare left the meeting at 8:45 p.m. The Council reconvened into Open Session at 8 :55 p.m. Mr. Kueny stated there was no action to report and only items 12.C. and 12.F. were discussed. 13. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 8:55 p.m. Paul W. Lawrason J Mayor ATTEST: 1' 1,