Loading...
HomeMy WebLinkAboutMIN 1993 0728 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California July 28, 1993 A Special Meeting of the City Council of the City of Moorpark was held on July 28, 1993 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Steven Hayes, Redevelopment/ Economic Development Manager; and Dorothy Vandaveer, Deputy City Clerk. 4. PUBLIC COMMENT: None. 5. PUBLIC HEARINGS: A. Consider Approval of the Citvwide and Downtown Siqn Ordinance, for Inclusion in the City's Zoning Ordinance as Article 10 and the Rescinding of Article 10 of Ordinance Number 137. Staff Recommendation: Open the public hearing, receive public testimony and close the public hearing; determine that the proposed Citywide and Downtown Sign Ordinance is categorically exempt pursuant to Section 15061(b) (3) of the State of California Environmental Quality Act (CEQA) Guidelines in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; and adopt the resolution, approving the Citywide and Downtown Sign Ordinance to be codified as Article 10 of the City's Zoning Ordinance and rescind Article 10 of Ordinance Number 137. (Continued Item 9.F. from 6/16/93; Item I.A. from 7/14/93). Mayor Lawrason indicated that the public hearing remains open. Minutes of the City Council Moorpark, California 2 July 28, 1993 Jim Aguilera gave the staff report and indicated that a letter has been received from the Downtown Merchants' Association which lists concerns that the Council may want to address. He said a report dated July 27, 1993 was prepared for the Council in response to the Downtown Merchants' Association letter. CONSENSUS: By consensus, the Council determined that the concerns of the Downtown Merchants' Association will be addressed prior to Council discussion of the Sign Ordinance and that it is not the desire of the Council to discuss the Sign Ordinance on a page -by -page basis. Mr. Aguilera outlined the items contained in the subject letter and related staff's comments for each item as follows: Comment No. 1. Trademark/ Logos, Section 8110- 29. -3, page 12. Mr. Aguilera said staff and Mrs. Cummings, who represents the Downtown Merchants Association, are stating the same intent for this item. Mrs. Cummings states she does not believe that registration of logos should be required nor f ive or more other instances in which they occur in a chain type of situation be required. Mr. Aguilera said the ordinance is written to agree with that. Councilmember Montgomery said it is inappropriate to attempt to define trademark as something used in five or more specific locations or as being an officially registered sign. He also indicated that he did not see a corresponding definition of logo. Councilmember Montgomery said the intent of the ordinance is not to preclude the use of a logo on a sign, yet he does not see that defined in the section. He said he would like to see the following changes: 1) The word "trademark" should be omitted in Section 2 and replaced with "logo ". 2) The definition of "trademark" should be removed from the definition section of the ordinance. 3) The definition of "Pictorial Trademark/ Logo" as provided on page 51 of the ordinance should be gender neutral in its language. 4) The last two sentences of the definition of "Pictorial Trademark /Logo" on page 51 should be stricken. Minutes of the City Council Moorpark, California 3 July 28, 1993 5) On page 53, the language should be made gender neutral and the last sentence should be omitted from the definition of " TradeMark Sign ". CONSENSUS: By consensus, the Council determined to modify the ordinance as described above by Councilmember Montgomery and to request the City Attorney's review of that portion of the ordinance with a request for her to check the definition of "trademark" during the review process. Comment No. 2 - Temporary Signs, Section 8110- 2.10 -C, page 13: CONSENSUS: By consensus, the Council determined to agree with the Planning Commission determination to add the last sentence in Section 2.C, page 14., which reads as follows: "If the event is sponsored or co- sponsored by the City, the City shall have the option of varying from this requirement." Comment No. 3 - Tracking (Raceway) for Wall Signs, Section 8110 -3.7, page 16: CONSENSUS: By consensus, the Council determined to agree with Mrs. Cummings' recommendation to rename Tracking to "Raceway" and that the raceway only applies to channel letters; the language elsewhere in the ordinance will be changed to be consistent. Comment No. 4 - Colors, Section 8110 - 11.2 -A.2, page 37: Planning Commission has recommended no more than three colors complimentary to the support structure and primary building be used on signs. Councilmember Hunter said the City Attorney should review the use of the word "should" in this section so that it is used consistently throughout the proposed ordinance if used. CONSENSUS: By consensus, the Council determined that the City Attorney should review the ordinance for the use of the word "should" or "shall" in the ordinance. Comment No. 5 - Wall Signs, Section 8110- 11.5 -A.1, page 41: Minutes of the City Council Moorpark, California 4 July 28, 1993 CONSENSUS: By consensus, the Council determined that sign area will be 30 square feet per building tenant and that existing signs will be allowed until the tenant makes a change. At that time they will conform to the established square footage for the sign. Comment No. 6 - External and Indirect Lighting, Section 8110 -11.5 - A.5, page 42: CONSENSUS: By consensus, the Council determined that reference to this requirement should be deleted. Comment No. 7 - Projecting /Hanging Signs, Section 8110- 11.5 - C.A., page 43: CONSENSUS: By consensus, the Council determined that a maximum of eleven square feet of sign area for projecting/ hanging signs is acceptable, but staff will review the idea of having a wall sign or a projecting sign and include language in the proposed ordinance that precludes a tenant from having both. Comment No. 8 - A -Frame Signs, Section 8110- 11.5 -D., page 44: CONSENSUS: By consensus, the Council determined that 4' x 3' A -Frame signs will be allowed. Comment No. 9 - Canopy Signs, Section 8110 -11.5 - G., page 46: G.1 The language will be clarified to include 75% of the linear frontage "not to exceed the length of the canopy" CONSENSUS: By consensus, the Council determined to accept G.1 as stated above. CONSENSUS: By consensus, the Council determined to agree with the proposed language in Section G.2 that reads, "the length of the Canopy Sign may not be greater than 75% of the linear frontage of the canopy ". CONSENSUS: By consensus, the Council determined to agree to accept the addition of language to Section G.3 that reads, "Canopy signs shall be allowed on the canopy." CONSENSUS: By consensus, the Council determined to agree that Section G.4 is acceptable as worded. Minutes of the City Council Moorpark, California 5 July 28, 1993 CONSENSUS: By consensus, the Council determined that canopy signs can not be illuminated. CONSENSUS: By consensus, the Council determined to eliminate Section G.7. Councilmember Hunter made the following further comments: Regarding page 32, Subsection A, Councilmember Hunter said he would like the removal time for political signs to be shortened and requested the City Attorney's opinion be provided regarding this. Regarding page 43, Subsection 8, Councilmember Hunter said he questions the last sentence and would like to see some time specific duration included there. He also said the second sentence should read "Market wall signs are intended to temporarily advertise market specials. He said special advertising signs 'shall' (to be used instead of should) remain up for two (2) weeks." CONSENSUS: By consensus, the Council determined to reword the last sentence in Subsection 8 as proposed by Councilmember Hunter. Councilmember Montgomery made the following further comments: Regarding page 6, Pylon Signs, Section A, Councilmember Montgomery said the word "be" should be removed so it reads "Pylon signs may not exceed a maximum of ....." Regarding page 6, Pylon Signs, Section B, Councilmember Montgomery commented that the number of signs should be omitted as that is a Council decision, but that the square footage number is acceptable. CONSENSUS: By consensus, the Council determined to accept 50,000 square of retail space as the correct number and that the number of pylon signs should be omitted in the ordinance. Regarding page 34, Sections A and B, Councilmember Montgomery commented that these sections need to be modified to reflect earlier changes with regard to trademarks. He also indicated that the guideline of four square feet may or may not comply with registered trademarks and that he would like City Attorney review of this item. Minutes of the City Council Moorpark, California 6 July 28, 1993 Regarding page 44, Projected Signs, Item 4, Councilmember Montgomery commented that the lighting needs to be below the plane of the horizon and the wording needs to be changed to read "may,,be illuminated." CONSENSUS: By consensus, the Council determined to accept the change of wording as outlined by Councilmember Montgomery on Page 44 and to limit the number of lighted signs on a building to one per public access point per frontage. Doug Frazier, 237 Sierra Avenue, addressed the Councilmembers and requested clarification of the definition of a canopy sign. In response to Mr. Frazier, Mayor Lawrason read the definition of "canopy sign ". Joy Cummings, 650 Bard Street, spoke representing the Old Town Merchants' Association. She said the limitation of 3 colors per sign is agreeable to her, but that she had requested that the 9 square feet would also allow wall signs. As a business owner, she is now limited to one sign per the Council's direction this evening. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to have the City Attorney review the changes as directed by Council action this evening, staff to redraft the ordinance and have the City Attorney review and return the ordinance at the first meeting in September and that the appropriate CEQA findings would be made at that time. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9 :20 p.m. The meeting reconvened at 9:40 p.m. II. ACTION /DISCUSSION: A. Consider Proposed 1993/94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 6/16/93; Item 11.L. from 7/7/93; Item II.C. from 7/14/93; Item 11.A. from 7/21/93) Mayor Lawrason commented that the double- starred items will be placed at highest priority and the single - starred items will remain at'high priority. The remaining non- Minutes of the City Council Moorpark, California 7 July 28, 1993 starred items will be worked on when the higher priority items have been completed. CONSENSUS: By consensus, the Council determined to evaluate and analyze the departmental goals and objectives as described above. Community Development - Administration CONSENSUS: By consensus, numbers 2,3,5 and 8 will be highest priority (double- starred) with the single- starred items being 1 and 6. Community Development - Current Planning CONSENSUS: By consensus, numbers 2 and 4 will be highest priority and be double - starred, the star will be removed from 1 and number 7 will become a single- starred item in addition to items 3 and 6, which were already starred. Community Development - Advance Planning CONSENSUS: By consensus, numbers 7, 11, 2 and 1 receive the highest priority with a double star and the single- starred items remain as 3, 5, 6 and 10. Item 12 was omitted. Community Development - Code Enforcement Mr. Kueny indicated that number 3 has been completed. CONSENSUS: By consensus, the Council determined that number 2 is the highest priority and be double- starred. Community Development - Housing CONSENSUS: By consensus, the Council determined that numbers 2 and 3 are the highest priority and be double- starred. Community Development - Building and Safety CONSENSUS: By consensus, the Council determined that numbers 3 and 5 are highest priority and will be double - starred and that the star can be removed from item number 2, but items 1 and 7 will remain single- starred. Minutes of the City Council Moorpark, California 1. 8 July 28, 1993 PUBLIC WORKS- Administration Mr. Kueny said two items need to be added to administration. 22. Administer update to Walnut Canyon Drainage Fee and coordinate activities with County of Ventura. 23. Monitor and coordinate City's oversight of Ventura County's design and environmental review of proposed improvement/ realignment of Moorpark Road south of Tierra Rejada Road. Mr. Kueny recommended that item 23 above should be single- starred as there is a three year limit to spend the money. CONSENSUS: By consensus, the Council determined to add items 22. and 23. as indicated above and that the highest priorities with double stars will be numbers 1,2,8 and 20 and added number 23 will be single- starred in addition to items 5, 9, 13, 14, 17 and 19. PUBLIC WORKS - Capital Projects CONSENSUS: By consensus, the Council determined that numbers 5, 6, 1 and 4 are the highest priorities with double stars and that items 2 and 7 will remain single- starred items. PUBLIC WORKS - Streets Maintenance CONSENSUS: By consensus, the Council determined that items 1, 8, and 4 will receive the highest priority with double stars and that added item 9 will be added as follows and will not be a starred item: Pursue funding to interconnect Los Angeles Avenue traffic signals. PUBLIC WORKS - Fleet Maintenance CONSENSUS: By consensus, the Council determined that item 4 is the highest priority With a double star and that item 1 will remain a single- starred item. PUBLIC WORKS - Crossing Guards CONSENSUS: By consensus, the Council determined that none of the three items in this section will be starred. Minutes of the City Council Moorpark, California 9 July 28, 1993 PUBLIC WORKS - City Engineer CONSENSUS: By consensus, the Council determined that items 10 and 6 will be highest priority with double stars; the words "First Street," will be inserted in item 10 after the phrase "Charles Street Phase 2,11; and items 5, 7 and 9 will become single- starred items. CITY ATTORNEY CONSENSUS: By consensus, the Council determined that item 4 is the highest priority with a double star; and item 5 will be added to read "Assist with preparation of draft documents and negotiation of developer proposed Development Agreement for Carlsberg Specific Plan and others as directed by City Council." CITY CLERK - Administration CONSENSUS: By consensus, the Council determined that items 3,6 and 2 are the highest priorities with double stars and an added item number 7, "Assist with developing changes to the public bid process" should be added as a single- starred item. CITY CLERK - Records Management CONSENSUS: By consensus, the Council determined that items 2, 1, and 9 are the highest priorities with double stars; items 3 and 4 to remain single- starred items. CITY CLERK - Elections CONSENSUS: By consensus, the Council determined that item number 1 should be a starred item. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to continue this item to August 4, 1993. The motion carried by unanimous voice vote. 14. CLOSED SESSION: MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda. A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. Minutes of the City Council Moorpark, California 10 July 28, 1993 C. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) . D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government code Section 54956.8. F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. H. Litigation concerning Moorpark vs. CalTrans (Case No. 123655) . I. Negotiations for Real Property - APN 504 -0- 030 -265 and 504 -0- 030 -267 (Buttercreek Park). J. Litigation concerning City of Moorpark vs. Foster Enterprises. The motion carried by unanimous voice vote. AT THIS POINT in the meeting a recess was declared. The time was 10:30 p.m. The meeting reconvened into Closed Session at 10:35 p.m. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; and Richard Hare, Deputy City Manager. The meeting reconvened into Open Session at Mr. Kueny stated there was no action to report and only item 14.F, had been discussed. 15. ADJOURNMENT: Mayor Lawrason adjourrn the meetin -at 10:57 p.m. Paul W. Lawras Jr., Mayor ATTEST: Lan E. Hare, City Clerk