HomeMy WebLinkAboutMIN 1995 1129 CC SPCMINUTES OF THE CITY COUNCIL
Moorpark, California November 29, 1995
A Special Meeting of the City Council of the City of Moorpark was
held on November 29, 1995 in the Council Chambers located at 799
Moorpark Avenue, Moorpark, California.
Said Special Meeting shall be for the purpose of the following:
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:05 p.m.
2. 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; Dirk Lovett, Assistant City
Engineer; Paul Porter, Senior Planner; Jim
Aguilera, Director of Community Development;
Lillian Hare, City Clerk.
AT THIS POINT IN THE MEETING Councilmember Hunter indicated he
would leave the dais and not participate in the discussion or
decision on the Public Hearing for Major Modification No. 1 to
CPD 90 -2 on the application of American Stores Properties,
Inc. because of the appearance of a possible conflict of
interest.
Mr. Kueny also left the meeting. The time was 7:11 p.m.
3. PUBLIC HEARING:
A. Consider Approval of Major Modification No. 1 to CPD 90 -2
on the Application of American Stores Properties, Inc.
Staff Recommendation: 1) Open the public hearing and
accept public testimony; 2) Prior to making a decision on
this project make a determination that: a. The effects of
the proposed project were analyzed in the Mitigated
Negative Declaration, Initial Study, and Mitigation
Monitoring Program prepared for CPD 90 -2; and b. There
will not be a significant effect in this case because
Major Modification No. 1 is for a reduction in size from
the originally approved project of 122,400 square feet to
118,873 square feet, and that the mitigation measures
applied to CPD 90 -2 have been incorporated into Major
Modification No. 1; 3) Make the appropriate findings
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Minutes of the City Council
Moorpark, California Page 2 November 29, 1995
(Exhibit No. 1 in Planning Commission Staff Report dated
August 28, 1995) ; and 4) Direct staff to prepare a
resolution approving Major Modification No. 1 to CPD 90 -2
and rescinding Resolution No. 90 -729 for presentation at
the City Council's meeting on November 1, 1995. (PUBLIC
HEARING REMAINS OPEN)
Mayor Lawrason noted that the Public Hearing was still
open.
Sean Robert, 1990 S. Bundy Drive, Los Angeles, addressed
the Council on behalf of the applicant. He gave a brief
overview of the proposed project.
Dorian Fortney, 345 E. Thomas Road, Phoenix, Arizona,
addressed the Council representing the applicant. He
said the increase in traffic on Tierra Rejada Road
because of the project would be only loo percent. He
said the street would be safer because there would be
more signalization. He said the concern of the community
seems to be the size of the store. He said the size is
only that of an average grocery store. He further said
the applicant desired the additional median cut on Tierra
Rejada Road. He said there was an error in the staff
report and that the pole height for the light standards
is 25' feet. He provided the City Clerk with copies of
responses to postcard questions regarding the project.
The staff report was given by Mr. Porter.
In response to Councilmember Perez he said the school
district was provided an opportunity to comment May 9,
1995.
In response to Councilmember Perez, Mr. Aguilera
indicated that the shoebox type of lighting provided
better control of light.
Thomas Carlin, 4772 Talmadge Road, addressed the Council
in opposition to the project.
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Moorpark, California Page 3 November 29, 1995
Connie Volke, 11744 E. Buttercreek Road, addressed the
Council in favor of the project.
Barry Kingston, 11757 Pinedale Road, addressed the
Council in opposition to the size of the shopping center.
Craig Chudacoff, 12401 Willow Forest Drive, addressed the
Council in opposition to the shopping center.
Bob Newman, 11698 Sagewood Drive, addressed the Council
in opposition to the project.
Barbara Schultz, 116 Sierra Avenue, addressed the Council
in support of the project.
Bernie Morrissey, 11699 Sagewood Drive, addressed the
Council in opposition to the project.
Alan Stahl, 1380 King James Court, Agoura, addressed the
Council as a prospective tenant in the project. He said
he was associated with Tutor Time Child Care Learning
Center. He spoke in support of the project.
Francis Okyere, 484 E. Los Angeles Avenue, addressed the
Council in opposition to the size of the market.
Bill Otto, 4261 Heatherdale Court, addressed the Council
in opposition to the project.
Rick Jason, 4878 Bending Oak Court, addressed the Council
in opposition to the project.
Gayle Chaney, 12018 Alderbrook Street, addressed the
Council in opposition to the project.
Mike Skinner, 11640 Sagewood Drive, addressed the Council
in opposition to the project.
Bob Thompson, 21303 Cedardale Drive, addressed the
Council in opposition to the project.
Mike Vizzi, Willow Forest Drive, addressed the Council in
opposition to the project.
June Janus, 11650 Sagewood Drive, spoke in opposition to
the project.
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Moorpark, California Page 4 November 29, 1995
Robert Coughlon, 11955 Silvercrest, addressed the Council
in opposition to the project. He said the pavement on
Tierra Rejada Road should be evaluated to determine the
impact of truck traffic.
AT THIS POINT IN THE MEETING a recess was declared. The time
was 9:15 p.m. Councilmembers Perez, Wozniak and Mayor
Lawrason reconvened at 9:35 p.m.
Dave Van Beveren, 11904 Rivergrove Street, addressed the
Council in opposition to the project.
David Layland, 11520 Flowerwood Court, addressed the
Council in opposition to the project.
Stan Ludwig, 12483 Sunnyglen Drive, addressed the Council
in opposition to the project.
Dave Vandaveer, 11971 Silvercrest Street, addressed the
Council in favor of the project.
Mayor Lawrason acknowledged that he received
communication from Brett and Helen Taylor in support of
the project.
Mayor Lawrason read the following names who would not be
called as their speaker cards were turned in late. Brad
Wallace, Bruce McBride, June Dubreuil, Gary Lowenburg,
Glen Cryan.
Mr. Fortney again addressed the Council and indicated
that he had not heard any reasons this evening to require
the down sizing of the market.
In response to Councilmember Perez, Mr. Fortney responded
that an incremental increase in the size of the store
does not increase the number of trucks making deliveries.
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Moorpark, California Page 5 November 29, 1995
In response to Councilmember Perez, Mr. Fortney said he
was not able to address the amount of sales tax that
would be generated to the city because of the operation
of the store.
In response to Council question, Mr. Aguilera commented
that the alcoholic beverage control process will require
that the City review an application for a license to sell
alcohol on that site. He also indicated that the City
had received a request to locate a bank inside
Albertson's.
Mayor Lawrason closed the Public Hearing.
In response to Councilmember Perez, Mr. Lovett said the
entire length of Tierra Rejada will be overlayed prior to
the City's acceptance of the street.
In response to Councilmember Wozniak, Mr. Aguilera
indicated that large delivery trucks would create dBA's
above the allowed 45 at the project boundaries.
Mayor Lawrason indicated that the walls behind the market
might have to be increased.
In response to Councilmember Perez, Mr. Aguilera said
that there is room to delete some of the landscaping on
the edges where there is already enough of a buffer area.
He said this had not been discussed with the applicant.
Mayor Lawrason said it would be important to limit the
hours of vacuuming the parking lot.
In response to Council question, Mr. Hare said that while
sales tax information is confidential, leakage could be
determined to be 9% percent.
In response to Council question, Mr. Porter said 550
parking stalls has been proposed. He indicated that the
previous plan had 551 stalls.
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Moorpark, California Page 6 November 29, 1995
AT THIS POINT IN THE MEETING a recess was declared. The time
was 11:15 p.m. The City Council reconvened with
Councilmembers Perez, Wozniak and Mayor Lawrason present at
11:30 p.m.
Mayor Lawrason commented that new Albertson's market
would be 49,774 square feet in size, that the Hughes'
market is 32,213 square feet and that this market
proposed a market of 63,000 square feet. He said it was
his belief that the store should not be the largest in
the city.
Councilmember Wozniak said he was not in favor of a
superstore and would like to propose that the project be
approved at 45,000 square feet. He indicated that he
liked the original design of the project.
Councilmember Perez said he felt a crossing guard was
appropriate and that a request for a security guard was
not unreasonable.
In response to Councilmember Perez, Sergeant Hindman said
that the Sagewood access would create a police problem.
MOTION: Councilmember Wozniak moved to determine that the
effects of the proposed project were analyzed in the mitigated
negative declaration, initial study, and mitigation monitoring
program prepared for CPD 90 -2 and that there will not be
significant effect in this case because Major Modification No.
1 is for a reduction in size from the originally approved
project of 122,400 square feet to 118,873 square feet and that
the mitigation measures applied to CPD 90 -2 have been
incorporated into Major Modification No. 1; to make the
appropriate findings with a reduction in size to the proposed
grocery store to 45,000 square feet; a landscaping plan to be
approved by the City Council; the hours of operation of the
shopping center to be 6:00 a.m. to 10:00 p.m. and vacuuming of
the parking lot and truck deliveries and other noise producing
activities prohibited between the hours of 10:00 p.m. and 6:00
a.m.; the proposed drain for cart washing to have a separator
to ensure contaminants are not washed into the sewer system;
the applicant to provide a security guard on site if required
by the City of Moorpark Police Department; the applicant to
pay for a crossing guard for a 5 year period; the lighting
plan to be subject to City Council approval.
THE MOTION DIES FOR LACK OF A SECOND.
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Moorpark, California Page 7 November 29, 1995
CONSENSUS: By consensus, the Council determined that no dual
left turn onto Mountain Trail from northbound Tierra Rejada
Road will be constructed at this time and to require a bond to
cover costs of possible future construction of the dual left
turn and to eliminate the median break for left turns into the
project.
In response to Council question, Mr. Lovett indicated
that 8' foot bike lanes had been retained in the plan.
MOTION: Councilmember Perez moved and Mayor Lawrason
seconded a motion to approve Councilmember Wozniak's motion
above with the change that Lucky's market building size be
50,000 square feet; the 8' foot bicycle /emergency lanes to be
maintained; the curb return radii of the southwest and
southeast corners of Mountain Trail and Tierra Rejada to be
increased; the developer to obtain and dedicate all necessary
rights of way associated with such improvements; the dual left
turn lanes to be deleted with bond requirement for future
construction; the median break left turn to be deleted; the
developer to pay the cost of the warrant study for Cedar
Springs Street and Mountain Meadows Drive prior to the
issuance of a building permit and if a signal is determined
necessary, install it or provide surety in a form and amount
approved by the City Engineer; the maximum footprint of the
project to remain as is. The motion carried by roll call vote
3 -0. Councilmember Hunter absent for the vote.
4. ACTION /DISCUSSION:
A. Consider Approval of Minor Modification No 4 to Planned
Development Permit No 1072, Request to Delete a 20 Foot
Pedestrian Easement from the Terminus of Sagewood Drive
to the Adjacent Commercial Site (UWC Investors). Staff
Recommendation: Direct staff as deemed appropriate.
(CONTINUED ITEM)
MOTION: Councilmember Wozniak moved and Mayor Lawrason
seconded a motion to approve a Minor Modification to eliminate
the requirement to provide the access easement between lot 64
and 65, the opening in the wall, and the walkway down to the
commercial site. The motion carried by voice vote 3 -0,
Councilmember Hunter absent for the vote.
Mr. Kueny rejoined the meeting at 12:05 a.m.
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Moorpark, California Page 8 November 29, 1995
5. CLOSED SESSION:
None was held.
6. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 12:10 a.m.
ATTEST:
Lillian E. Hare, City Clerk
Paul w. awrason J ., Mayor
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