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HomeMy WebLinkAboutMIN 1994 0914 CC ADJMINUTES OF THE CITY COUNCIL Moorpark, California September 14, 1994 An Adjourned Regular Meeting of the City Council of the City of Moorpark was held on September 14, 1994 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Pro Ten Hunter called the meeting to order at 7:15 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Perez led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, Montgomery, Perez, and Wozniak Absent: Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Public Works Director; Jim Aguilera, Director of Community Development; Lieutenant Marty Rouse, Sheriff's Department; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6. PUBLIC COMMENT: Rifad Hijaz, 105 High Street, spoke regarding the destruction /reconstruction of Mayflower Market. He said he agrees with the staff recommendation for Item 11.I. Mr. Kueny said staff will be presenting a modifiea staff recommendation regarding the landscaping of this project which will be discussed later in the meeting. 7. COMMITTEE REPORTS: None. 006 10 Minutes of the City Council Moorpark, California Page 2 September 14, 1994 8. CONSENT CALENDAR: None. 9. PUBLIC HEARINGS: C. Consider Major Modification No. 2 of Commercial Planned Development 89 -1 to Construct a Theatre, Market and Miscellaneous Shops on the Property Located at the Northerly Terminus of Liberty Bell Road. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Close the public hearing; and 3) Approve Resolution No. 94- citing the addendum to the Mission Bell Plaza EIR and approving Major Mod 2 of CPD 89 -1, PM 4961 and denying variance 94 -1; 4) Approve Resolution No. 94- directing the Planning Commission to hold a public hearing modification to the Zoning Code relative to compact parking spaces for theatres. Mr. Aguilera gave the staff report. Neno Spondello, 340 Rosewood Avenue, Camarillo, addressed the Council and said several persons from his organization, Ventura Pacific Capital Group, are present to speak. Herb Horowitz, 1833 Victory Blvd, Glendale, addressed the Council regarding the pedestrian circulation plan for within the proposed center. In response to Councilmember Perez, Mr. Horowitz explained that the designers and architects of the center are not using stamped concrete because it does not meet the requirements of the Americans with Disabilities Act. Mr. Tochini, spoke regarding the signage of the theatre. He said the theatre needs some exposure because of the way it is going to be situated with a westward frontage instead of a direct view of Los Angeles Avenue. He said he believes good visible signage is extremely necessary. Scott Thayer, Real Estate Manager for the Albertson's, said his firm is excited to be anticipating doing business in Moorpark. In response to Councilmember Perez, Mr. Thayer said Albertson's will comply with all recycling requirements and is speaking to a firm that wants to have a receptacle at the front of the supermarket. He also responded to Councilmember Hunter that the market's hours of operation have not been determined yet, but he said most of their markets open at 00041-. Minutes of the City Council Moorpark, California Page 3 September 14, 1994 6:00 a.m. and close at midnight. David Ghirardelli, 1981 Marview Drive, Thousand Oaks, spoke representing Ventura Pacific Capital. He addressed the following conditions and items of concern. 1. He said the applicant agrees that the entry at Liberty Bell Road is a concern but a median at that entrance is not desirable because truck traffic would damage the median. 2. Commercial Planned Development conditions (from the staff report dated July 12, 1994): Condition 21 - He said if there is a tenant adjacent to the theatre and facing west, signage for that business on the colonnade area would be needed. Conditions 22, 23, 24, 26 and 27 - He said he understands that these items are currently being negotiated with the Redevelopment Agency. Condition 25 - He said the City should be aware that the original condition was approximately $2.14 per square foot of buildable space for the traffic mitigation fee. He said the applicant wants to maintain that square foot ratio on the current buildable space. Item 72 - He said he understands that this item is currently being negotiated with the Redevelopment Agency. Condition 29 - He requested deletion of this condition. Item 48 - He said if Phase II is approved, the applicant requests exemption from any future utility or assessment districts that will be formed. 3. Regarding the parcel map portion of the conditions (in the staff report dated July 12, 1995): Condition 34 - The applicant requests exemption from this condition. 00042 Minutes of the City Council Moorpark, California Page 4 September 14, 1994 Conditions 35 and 36 - He said these items are pertinent to the Disposition and Development Agreement document. Condition 38 - He said he needs clarification as to the requirements for a nine foot right -of -way dedication. He said he needs to discuss this with City staff for further clarification. Condition 53 - He said he also needs to discuss this item with City staff. Condition 55 - He said this is relevant to his concern about working with Caltrans. He said he is not aware of what additional work would be required on Los Angeles Avenue for access into the project. He said hopefully there would not be any additional work required or else Caltrans would be involved and there would be a possible six month delay. Councilmember Hunter commented that the Moorpark Redevelopment Agency negotiating team might like to comment on some of these items. Councilmember Montgomery said the financial items were the only ones that the team focussed on. He suggested that the conditions be left as they are with the Disposition and Development Agreement to be the controlling document. The Agency could then proceed to a point of financing. Mr. Kueny stated that the City should not change the conditions as far as timing of payment and the point to defer should be set forth in an agreement between the City, the Redevelopment Agency and the applicant. Dee Talley, 306 McFadden Avenue, expressed concern with the project. She said she is concerned with the concept of the affordable housing project. Ms. Talley said that the proposed elimination of Lassen Avenue would be a mistake as it would cause traffic on Poindexter Avenue to be negatively impacted. Councilmember Wozniak stated that there are other citizens who have expressed the same concern to him. He said their concerns are not limited to traffic, but that residents in this area would have to drive a long distance to go to the business center. 00013 Minutes of the City Council Moorpark, California Page 5 September 14, 1994 Oscar Barrera, 230 Sierra Avenue, spoke in favor of the commercial project and said he hopes that Lassen Avenue will be open to Moorpark Avenue. He also said Liberty Bell Road should be open to Lassen Avenue. Barbara Shultz, 116 Sierra Avenue, said the construction of the wall between her property and the development should be the first thing to be accomplished; that two pepper trees on her property line should be saved; that Lassen Avenue should be open at Moorpark Avenue; that security guards need to be considered for the shopping center; that exhaust fumes from the cars in the parking lot are a concern to her; and a right hand turn lane should be constructed on Los Angeles Avenue at Sierra Avenue. Eloise Brown, 13193 Annette Street, expressed concern about the placement of the theatre. She said Albertson's should be more flexible in their attitude about the placement being restricted to westward facing only. Lori Rutter, 11611 Pinedale Road, stated her concern that the combination of a theatre and a 24 hour market may cause problems with noise, traffic, and pollution. She also indicated that more landscaping needs to be done in Phase II to soften the atmosphere of the center. Mayor Pro Tem Hunter stated that the public hearing is to remain open. Mr. Aguilera commented that regarding Page 9, Condition 21, of the staff report dated July 12, 1994, staff recommends that the condition remain as is and if the applicant wants to apply for a minor modification in the future, they can do so. CONSENSUS: By consensus, the Council determined to leave Condition 21 as currently written. Mr. Kueny commented that regarding Condition No. 22 on page 9, of the staff report dated July 12, 1994, the City should be paid at the earliest time for any outstanding fees. He did not recommend any change to this condition. In addition, Mr. Kueny said that Conditions 23 and 24 could be changed from "prior to the issuance of a zoning clearance" to "prior to a building permit ". CONSENSUS: By consensus, the Council determined to change the wording as recommended by Mr. Kueny above. 01014 Minutes of the City Council Moorpark, California Page 6 September 14, 1994 Mr. Aguilera offered the following relative to conditions in the staff report dated July 12, 1994: 1. Condition No. 26 - The condition compliance fee needs to be filed as stated. CONSENSUS: By consensus, the Council determined to leave the Condition 26 as worded. 2. Condition No. 27 - This is a standard condition and it is used to enforce the ordinancne and enforce the conditions of approval after a condition is finished. In response to Councilmember Montgomery, Mr. Kueny said a condition of this type was applied to West America. He suggested this be addressed later by the Council. Regarding Condition No. 48, page 14, of the staff report dated July 12, 1994, Mr. Kueny said this could be deleted. CONSENSUS: By consensus, the Council determined to delete Condition 48. Mr. Kueny addressed the following map conditions from the staff report dated July 12, 1994: 1. Condition No. 34, page 28 - He said the most current language should be used here if it is not contained there already. 2. Condition No. 35 - He recommended deleting this condition. 3. Condition No. 36 - He said this item could be addressed in the Disposition and Development Agreement and be left as a standard condition. 4. Condition No. 38 - He said there is no difficulty with leaving this condition as is. 5. Condition No. 53, page 34 - He said it could be changed to read "apply" for a permit. 6. Condition No. 55 - He said this condition has been met. Mr. Kueny said the letter from the applicant addresses the connection to the storm drains. 00015 Minutes of the City Council Moorpark, California Page 7 September 14, 1994 Mr. Abbott explained that the developer wants to construct the connection and be reimbursed for the cost. Mr. Ghirardelli asked if it would be acceptable to apply funds from the assessment district to complete the system. In response to Mr. Ghirardelli, Mr. Abbott said the engineer's report clearly defined the plans and specs and describe this project as a "stub out" and that they are mandated to carry the drainage from the north. Mr. Kueny said staff will provide the language to this Condition 54. Councilmember Wozniak said that regarding Condition No. 79, item f, the applicant cannot be expected to achieve a "no dust" situation during construction. In response to Councilmember Perez, Mr. Ghirardelli said it is not their intent to remove trees on the property. He said they may have to prune some trees to construct the west property line wall. Councilmember Perez said he supports this center having access from Lassen Avenue. Councilmember Hunter stated he also supports vehicular access from Lassen Avenue. CONSENSUS: By consensus, the Council determined that vehicular access (ingress/ egress) from Lassen Avenue to the west of the site will be allowed for the center. In response to Council question, Lieutenant Rouse commented that anytime we reduce the visibility into an area such as a park, crime inevitably increases. He said good visibility by the proposed park will keep things under control and that vehicular access sometimes alleviates loitering. He did express concern that the landscaping in the proposed park area may create an enforcement problem. Mr. Kueny said the park design will be accomplished later and any wall requirement can be deferred as part of the Commercial Planned Development. Mayor Pro Tem Hunter closed the public hearing. 00016 Minutes of the City Council Moorpark, California Page 8 September 14, 1994 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to continue this item to the City Council meeting of October 5, 1994. The motion carried by 4 -0 voice vote, Mayor Lawrason absent for the vote. AT THIS POINT in the meeting, the Council recessed. The time was 9:35 p.m. The Council reconvened at 10:15 p.m. D. Consider Zoning Ordinance Amendments to Modify Sec. 8111- 2 Entitlement to Create a Director of Community Development Approved Administrative Permit for 1) Second Dwelling Units; 2) Second Floor Patio Decks; and 31 Accessory Structures Greater than 120 Square Feet and Room Additions. Staff Recommendation: 1) Open the public hearing and take public testimony and close the public hearing; 2) Determine the adoption of the Ordinance and implementing the ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to section 15061(b) (3) in that there is no possibility that the activity in question will have a significant effect on the environment; and 3) Introduce Ordinance No. for first reading. Mr. Aguilera gave the staff report. Mayor Pro Tem Hunter opened the public hearing. Eloise Brown, 13193 Annette Street, said that notification through a box item doesn't provide notification to the public that this item is going to be considered. She suggested that it be continued on the consent calendar and not as a box item to Council only. Mayor Pro Tem Hunter closed the public hearing. Councilmember Wozniak commented that his concern is that the fee might be more than the structure would cost. Councilmember Montgomery said he did not favor this proposed change. Mr. Kueny said this process is consistent with the direction given to staff regarding the processing of second dwelling units. 00017 Minutes of the City Council Moorpark, California Page 9 September 14, 1994 MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to determine the adoption of the ordinance and implementing the proposed ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) in that there is no possibility that the activity in question will have a significant effect on the environment. The motion carried by 4 -0 roll call vote. Mayor Lawrason absent for the vote. Ms. Hare read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to waive further reading and declare the ordinance read for the first time. The motion carried by voice vote 3 -1, Councilmember Montgomery dissenting and Mayor Lawrason absent for the vote. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to declare Ordinance 196 introduced for first reading. The motion carried by voice vote 3 -1, Councilmember Montgomery dissenting and Mayor Lawrason absent for the vote. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 11. ACTION /DISCUSSION: C. Consider Assuming the Maintenance of Parkwav and Median Landscaping on Tierra Rejada Road in the Mountain Meadows Planned Community (PC -3). Staff Recommendation: Approve the steps necessary for the City to assume the maintenance of the parkway and median landscaping on Tierra Rejada Road within PC -3, as described in Alternate #1 in the staff report, to become effective July 1, 1995. (Continued Item ll.L from 8/3/94) Ken Gilbert gave the staff report. Mayor Lawrason joined the meeting at 10:28 p.m. Eloise Brown, 13193 Annette Street, said this area contains water hungry landscaping and if the City is going to landscape parkways and medians citywide, it needs to be downsized and the landscaping made more economical. She said the people who live in the landscaped areas are the ones who should pay for it. 00019 Minutes of the City Council Moorpark, California Page 10 September 14, 1994 MOTION: Councilmember Montgomery moved the staff recommendation to approve the steps necessary for the City to assume the maintenance of the parkway and median landscaping on Tierra Rejada Road within PC -3, as described in Alternate #1 in the staff report, to become effective July 1, 1995. THE MOTION WAS WITHDRAWN. Councilmember Hunter said he has concerns regarding yet unresolved issues alluded to in the staff report. He said staff should do further work on this matter before Council action. Councilmember Montgomery suggested that the date for Item C in the staff report to be changed to January 31, 1995. Mayor Lawrason asked if there is any plan to reduce the water thirsty plants in this area. Mr. Gilbert said a change in the design is being considered and he said staff can advise the landscaper to encourage xeriscape design. Mayor Lawrason said language to that effect should be included in the agreement and staff work with the landscape architect to lower costs for maintenance. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to approve Alternate #1 amended to read as follows: 1) that the City intends to assume the maintenance of both parkways and medians on Tierra Rejada Road within PC -3 upon satisfactory resolution of design and maintenance issues; and 2) that staff is to report back to the City Council no later than 90 days with a plan for a) modifications of the landscape design to better provide for low maintenance costs and, 2) the correction of hardscape problems involving repairs to street paving, curb /gutters and sidewalks on Tierra Rejada Road by the developer and landscape problems where certain trees pose a visibility problem for traffic. The motion carried by unanimous voice vote. E. Consider Year 2015 Land Use Projections to be Provided to the Ventura County Transportation Commission (VCTC) for Traffic Modeling Purposes. Staff Recommendation: Direct staff to provide year 2015 land use assumptions to the VCTC, consistent with the approach discussed in the staff report. (Continued Item 11.E. from 8/17/94) Ms. Traffenstedt gave the staff report. 00619 Minutes of the City Council Moorpark, California Page 11 September 14, 1994 Mayor Lawrason said he has a concern that this planning is out of the purview of the Council at this time. Councilmember Wozniak said his concern is the area of the proposed Bollinger development. He stated there are enough buffers in the Specific Plan areas not to include that area. He said he does not have a problem including Specific Plan No. 8. MOTION: Councilmember Wozniak moved and Councilmember Montgomery seconded a motion to direct staff to provide year 2015 land use assumptions to the Ventura County Transportation Commission for traffic modeling purposes. The motion carried by unanimous voice vote. F. Consider an Appeal (Number 94 -5) by Pindler and Pindler to Condition of Approval Number 10 for Minor Modification Number 1 to Development Permit Number 305. Staff Recommendation: Deny appeal number 94 -5, and uphold the Director of Community Development's decision to require the installation of the roof screening equipment within 1 month of Council consideration of this item (September 17, 1994). (Continued Item 11.F. from 8/17/94) Mr. Aguilera gave the staff report. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to continue this item to October 5, 19941 and to direct staff to notify the applicant of the continuation date. The motion carried by unanimous voice vote. G. Consider Crosswalks on High Street. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.I. from 8/17/94) In response to Council question, Mr. Gilbert said that crosswalks can be more dangerous than not having them because pedestrians do not exercise enough caution due to a false sense of security in the presence of a crosswalk. Lieutenant Rouse expressed the same viewpoint as Mr. Gilbert. He said it is much easier to testify in court when the police have the existence of crosswalk lines, but his patrolmen have not had any complaints about needing crosswalks on High Street. Councilmember Montgomery left the dais at 10:59 p.m. 00 2 11 Minutes of the City Council Moorpark, California Page 12 September 14, 1994 Councilmember Perez said he has heard comments from Metrolink customers about crosswalks being needed, but he said the Council may want to revisit this item at a later date. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. H. Consider Temporary Traffic Signal for Intersection of Tierra Rejada Road and Moorpark Road. Staff Recommendation: Discuss this potential project with the County of Ventura. (Continued Item 11.J. from 8/17/94) Mayor Lawrason provided a report on this item. Mr. Gilbert said the estimated cost to place a temporary traffic signal at this location would be about $20,000. He continued by saying that the Moorpark Road realignment project may include a signal at that intersection if that option is chosen. He indicated that the Moorpark Road realignment project is a couple of years away. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to receive and file the report. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. I. Consider Giving Direction to Staff and the Planning Commission Regarding the Rebuilding of the Mayflower Market and Adoption of Resolution No. 94- to Amend Certain Sections of the Zoning Ordinance. Staff Recommendation: Direct the Planning Commission to consider the filing of the CPD by the Mayflower Market and adopt Resolution No. 94- directing the Planning Commission to initiate proceedings to amend zoning ordinance to reduce setbacks and a reduction in landscaping requirements for the downtown area. Mr. Aguilera gave the staff report. 00021 Minutes of the City Council Moorpark, California Page 13 September 14, 1994 MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to 1) direct the Planning Commission to consider the filing of the CPD by the Mayflower Market; and 2) adoption of Resolution No. 94 -1063 directing the Planning Commission to initiate proceedings to amend the Zoning Ordinance pertaining to Setbacks, parking and landscaping requirements for the downtown area. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. J. Consider Desian for the Reconstruction of Walnut Street between High Street and Charles Street. Staff Recommendation: Approve the redesign of Walnut Street between High Street and Charles Street to provide for angle parking. Mr. Gilbert gave the staff report. MOTION: Councilmember Hunter moved and Councilmember Perez seconded a motion to approve the redesign of Walnut Street between High Street and Charles Street to provide for angle parking. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Councilmember Hunter commented that he would like staff to explore landscaped fingers parallel to the parking spaces. K. Consider First Reading of Ordinance No. 197 Repealing Moorpark Municipal Code Chapter 5.72 Relative to Rubbish Collection. Staff Recommendation: Approve Ordinance No. 197 for first reading. Ms. Hare read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to waive further reading of the ordinance and read the title only. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to declare Ordinance 197 read for the first time. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. W22 Minutes of the City Council Moorpark, California Page 14 September 14, 1994 L. Consider Ordinance No 198 - An Ordinance of the City Council of the City of Moorpark. California Amending Section 2.12.120, Providing that Written Contracts Made or Entered into by the City may be Signed by the City Manager as an Officer of the City. Staff Recommendation: Introduce Ordinance No. 198 for first reading. Ms. Hare gave the staff report. CONSENSUS: By consensus, the Council determined to direct that a memo from the City Clerk to the Council listing contracts approved by the City Manager should be provided weekly or as needed. Ms. Hare read the ordinance title. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to read the ordinance title only. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. MOTION: Councilmember Hunter moved and Councilmember Wozniak seconded a motion to waive further reading and to consider the Ordinance No. 198 introduced for first reading. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. O. Consider Use of AC Construction Property for Recreational Vehicle Storage. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to continue this item to September 21, 1994. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. P. Consider Resolution in Support of Weldon Canyon Landfill Initiative and Preparation of or Joining in an Amicus Brief to Support the Initiative. Staff Recommendation: Direct staff as deemed appropriate. MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to continue this item to September 21, 1994. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. 12. ORDINANCES: None. 0023 Minutes of the City Council Moorpark, California Page 15 September 14, 1994 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to adjourn the meeting. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent for the vote. The meeting was adjourned at 11:30 p.m. Paul W. Lawrason Jr., Ma r ATTEST: a o'' 2 4