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HomeMy WebLinkAboutMIN 1998 0916 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California September 16, 1998 A Regular Meeting of the City Council of the City of Moorpark was held on September 16, 1998 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 7:15 p.m. 2. INNVOCATION: Pastor Errol Hale, Shiloh Community Church led the Invocation. 3. PLEDGE OF ALLEGIANCE: Sergeant Rick Hindman led the Pledge of Allegiance. 4. ROLL CALL: Present: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; John Nowak, Assistant City Manager; Cheryl Kane, City Attorney; Nelson Miller, Director of Community Development; Wayne Loftus, Planning Manager; John Libiez, Principal Planner; Dirk Lovett, City Engineer; Kirk Evans, Senior Management Analyst; Graham Mitchell, Senior Management Analyst; Captain Mike Lewis, Sheriff's Department; and Deborah Traffenstedt, City Clerk. 5. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Leta Yancy for Her Service to the Moorpark Mosquito Abatement District Mayor Hunter presented a plaque to Leta Yancy for her service to the Moorpark Mosquito Abatement District. B. City Manager's Monthly Report Mr. Kueny gave the City Manager's Monthly Report and discussed a list of 15 -year accomplishments. 6. PUBLIC COMMENT: Cliff Cohen, 4046 Little Hollow Place, expressed concerns regarding harassment of signature collectors for the referendum petition against the Hidden Creek Ranch project development agreement ordinance. Minutes of the City Council Moorpark, California Page 2 September 16, 1998 Lori Rutter, 11611 Pinedale Road, thanked the volunteers that gathered signatures for the referendum petition. She discussed the harassment incidents that had occurred while gathering signatures. Clint Harper, 4044 Oak Glen Court, commented on the misleading information distributed to Moorpark residents by the proponents of the Hidden Creek Ranch project. He expressed opposition to the project. Rick Jason, 4078 Bending Oak Court, commented on his wife's experience in attempting to sign the referendum petition. He expressed his concern regarding the cost of a special election and stated his opposition to the Hidden Creek Ranch project. Daniel Raskin, 6894 Chapman Place, indicated that he had been a circulator of the referendum petition. He expressed his confusion regarding the Council's motives in approving the Hidden Creek Ranch project. Joseph Catrambone, 14423 E. Cambridge Street, commented on the _ conduct of the signature collectors in opposition to the referendum petition. He discussed the lack of police involvement in the process. Monika Savic, 15576 Mallory Court, commented on what she had heard from residents while circulating the referendum petition. Steve Rutter, 11611 Pinedale Road, commented on harassment during collection of signatures for the referendum petition, including name calling, disruption of conversations, and blocking of access to petition signature gatherers. Hal Hoadley, 4060 Cliffrose Avenue, expressed concerns regarding recent violent events at E1 Rodeo Restaurant. He stated his disappointment with the City Council's decision to approve a nightclub after the Planning Commission's denial. Ed Krasner, 4068 Weeping Willow, stated he was a signature gatherer for the referendum petition and that he had filed a police report due to harassment. He also stated the Hidden Creek Ranch project should go to a vote of the people. In response to Mayor Hunter, Sergeant Hindman stated several reports had been filed regarding harassment of petition gatherers. Mayor Hunter requested that copies of the reports be provided to the Council. Minutes of the City Council Moorpark, California Page 3 September 16, 1998 Richard Francis, 711 South "A" Street, Oxnard, discussed his concern with people being assaulted in the streets and untruthful information in campaign brochures mailed to voters. He stated Shappell Industries is the true developer and was present at the LAFCO hearing regarding the Hidden Creek Ranch project. Michelle Yows, 4005 N. Cedarpine Lane, stated she had circulated the referendum petition. She stated that many people who supported the Hidden Creek Ranch project also thought the project should go to a vote of the people. Dr. Roseann Mikos, 14371 E. Cambridge Street, commented on signature gathering and misleading campaign literature. She stated the sponsors for the mailings were Messenger Investment Company and Shappell Industries. Eloise Brown, 13193 Annette Street, discussed meetings she had attended regarding the Transportation Equity Act of the 21St Century. She stated that State Route 23 was planned to be widened. Debbie Aronson, 2801 Briarpatch Drive, Simi Valley, announced the Roamin Relics Car Show to be held on October 25, 1998, on High Street. Janet Murphey, 15308 Seitz Court, stated her concern with the tactics of persons paid to undermine the referendum process. Vicki Tymczyszyn, 6990 Lafayette Street, discussed her involvement as a volunteer in collecting signatures on the referendum petition. Steven Koch, 14696 Loyola Street, expressed his opposition to the Hidden Creek Ranch project. He discussed the harassment to signature gatherers. Gerald Goldstein, 11932 Los Angeles Avenue, discussed the fireworks event and park closures. He suggested volunteers could maintain a playground. AT THIS POINT in the meeting, a recess was declared to convene the Redevelopment Agency. The time was 8:17 p.m. The Council reconvened at 8:20 p.m. 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the City Council Moorpark, California Page 4 September 16, 1998 0 go ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Mayor Hunter acknowledged Larry Lowenberg, Tom Harders, and Jerry Louicas, members of the 1998 -99 Grand Jury who were in attendance at the meeting. He announced Coastal and Inland Waterways Cleanup on September 19. He also announced that the Third Annual Senior Games would occur throughout the month of October. Councilmember Perez announced free trash disposal day on September 20. He requested a box item regarding a revised version of the County anti - graffiti ordinance. He requested information regarding shopping cart retrieval from Rite -Aid. PUBLIC HEARINGS: A. Consider Request by A -B Properties and Southern California Edison Company for Approval of General Plan Amendment No. 97 -2 to Amend the Land Use Element of the General Plan on 43.32 Acres of Undeveloped Land Approximately 1,300 Feet West of Gabbert Road and North of the Railroad Tracks (APN 500 -34 -22 and -23) From "AG -I" (Agricultural 1 Dwelling Unit /10 -40 Acres) to "I -2" (Medium Industrial) and Zone Change No. 97 -7 to Change the Zoning on the Property From AE (Agricultural Exclusive) to M -2 (Limited Industrial) . (Continued from September 2, 1998). Staff Recommendation: Continue this proposal to October 7, 1998, with the public hearing remaining open. Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. John Newton, 165 High Street, Suite 103, addressed the Council as a representative of A -B Properties. He stated the Ad Hoc Development Agreement Committee is in agreement with what he had outlined in his letter to the Council. Rene Mayfield, 6085 Darlene Lane, requested a delay in the process due to lack of notification to her neighborhood regarding the project. Robert Medrano, 14734 Loyola Street, Peach Hill Soils, discussed his organic recycling business on the land owned by Southern California Edison. He requested the Council assist with finding him a new site in Moorpark on which he could continue his business. Dennis Hardgrave, 651 Via Alondra #714, Camarillo, addressed the Council as a representative of Southern California Edison. He indicated that they did maintain a Minutes of the City Council Moorpark, California Page 5 September 16, 1998 year -to -year lease with Mr. Medrano for Peach Hill Soils. He stated Edison would attempt to address Mr. Medrano's lease needs in East Ventura County and would continue to work with him. In response to Mayor Hunter, Councilmember Perez stated the key points enumerated in Mr. Newton's letter are basically agreed upon by the Committee, but questioned the reflection of lack of agreement in staff's memo. Mr. Miller stated additional clarification regarding Mr. Newton's letter is needed. Mr. Kueny stated the deal points needed to be elaborated and provided to the Ad Hoc Committee for discussion at another meeting. Councilmember Evans stated he is not opposed to another meeting. He indicated his desire to allow residents the opportunity to understand what is happening. He stated he felt the Ad Hoc Committee is basically in agreement. In response to Mayor Hunter, Mr. Kueny explained the approval process for the development agreement. In response to Mayor Hunter, Mr. Kueny stated they will attempt to advertise the Planning Commission public hearing for October 12, if the draft development agreement is completed in time to allow the required public notice. In response to Councilmember Teasley, Mr. Kueny stated the Council may wish to continue its General Plan amendment and zone change hearing to October 21. He asked if the Council would like to advertise the Development Agreement hearing for the October 21 City Council meeting. CONSENSUS: By consensus, the Council directed staff to advertise the Development Agreement hearing for October 21. MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to continue the open public hearing to October 21, 1998. The motion carried by unanimous voice vote. 0 Consider Resolution of the City Council of the City of Moorpark, California, Approving Industrial Planned Development Permit No. IPD 98 -4 on Lot 14 and IPD 98 -5 on Lot 15 of Land Division Map No. 8 Located on the West Side of Kazuko Court and East of the Terminus of Bonsai Avenue, (Assessor Parcel Nos. 511 -0- 070 -600, (IPD 98 -4) and 511 -0- 070 -610 (IPD 98 -5) . Staff Recommendation: 1) Open the public hearing, accept public testimony and close the Minutes of the City Council Moorpark, California Page 6 September 16, 1998 public hearing; 2) Consider the Negative Declaration prepared for the requested entitlements prior to making a recommendation to the City Council for approval or denial of the projects; 3) Adopt Resolution No. 98 -1510 approving the Industrial Planned Development Permit No. 98 -4 with conditions; and 4) Adopt Resolution No. 98 -1511 approving the Industrial Planned Development Permit No. 98 -5 with conditions. Mr. Miller gave the staff report. Mayor Hunter opened the public hearing. Danny Spar, 9142 Independence Avenue, Chatsworth, indicated he was the applicant and available to answer any questions. Richard Heath, 1901 Solar Drive, Suite 185, Oxnard, described the buildings and potential tenants. Ray Musser, 7112 Los Coyotes Place, addressed the Council as the architect for the project. He indicated he supported the staff and Planning Commission recommendation. He stated his only concern was the fencing required by Condition No. 140. He stated the construction site should only be fenced, or a security guard required, if there is a problem. In response to Mayor Hunter, Mr. Miller stated the Planning Commission had recommended a change to the standard condition for fencing and had inserted the word "or" to allow for fencing or a security guard during construction. In response to Mayor Hunter, Mr. Musser stated the condition had previously been imposed only if an incident occurred. Mr. Kueny concurred that the condition has evolved and had been more optional in the past. Mayor Hunter stated he could support amending Condition No. 140 due to the site location. Mr. Miller suggested the condition be amended to include language at the end of the condition as follows: "... if determined to be needed by the Building Inspector and Police Department." Mr. Musser concurred with the proposed amendment. Minutes of the City Council Moorpark, California Page 7 September 16, 1998 10. CONSENSUS: By consensus, the Council amended Condition No. 140 to include if determined to be needed by the Building Inspector and Police Department." Mayor Hunter closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adopt Resolution No. 98 -1510 approving the Industrial Planned Development Permit No. 98 -4 with Condition No. 140 amended and adopt Resolution No. 98 -1511 approving the Industrial Planned Development Permit No. 98 -5 with Condition No. 140 amended. The motion carried by unanimous voice vote. PRESENTATION /ACTION /DISCUSSION: A. Consider Potential Saving for Park Maintenance Reduced Level of Service. Staff Recommendation: 1) Approve reduced landscape maintenance service levels for mowing, edging, pruning, weed removal, and general clean up tasks to less than one a week, and the implementation of a reduced irrigation schedule as outlined in the Agenda Report, for Virginia Colony Park, Glenwood Park, and Country Trail Park effective immediately; and 2) Direct staff to prepare a budget amendment resolution reflecting the actions approved by the Council for consideration at the October 7 City Council meeting to allocate funds for Virginia Colony Park. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms.•Lindley stated the staff recommendation was to consider reduced maintenance at three parks only. Ms. Traffenstedt indicated that one written statement card had been received in opposition to the proposal from: Janet Murphy, Moorpark Mayor Hunter stated that $431 per month would be saved by reducing maintenance at three parks. Councilmember Wozniak stated that reduced maintenance was not the right thing to do, and that only a park closure would provide the savings needed to solve the park maintenance deficit. Councilmember Teasley requested delaying a decision on the matter until Item 10.N. was discussed. Mr. Kueny stated the actions were separate and could be handled individually. Minutes of the City Council Moorpark, California Page 8 September 16, 1998 Councilmember Perez recommendation No. provided at the last suggested moving forward with staff 2 as a follow -up to the direction meeting. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to direct staff to prepare a budget amendment resolution reflecting the actions approved by the Council for consideration at the October 7 City Council meeting to allocate funds for Virginia Colony Park. In response to Mayor Hunter, Mr. Kueny stated there was no funding for the proposed action and it would need to be allocated from the General Fund. The motion carried by unanimous voice.vote. B. Consider Moorpark Save Open Space and Agricultural Resources (SOAR) Initiative Petition and Options Pursuant to Section 9214 of Elections Code. Staff Recommendation: Adopt Resolution Nos. 98- , 98- , 98- , and 98- calling and giving notice of the Special Municipal Election, requesting the County Board of Supervisors to permit the County Clerk to render services, providing for the filing of rebuttal arguments, and setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis; or 2) Order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at a special Council meeting on October 14, 1998. Ms. Traffenstedt gave the staff report. Richard Francis, 711 South `A', Oxnard, discussed the consequences of the City Council not placing the original Save Open Space and Agricultural.Resources (SOAR) petition on the ballot for the November, 1998 election. He discussed the cost of the Special Election. Councilmember Evans stated the City Council had placed SOAR on the ballot and that by court order it had been removed. In response to Councilmember Evans, Ms. Kane explained that the SOAR ordinance would not be exempt from the California -- Environmental Quality Act (CEQA) if the Council were to adopt the ordinance, and that the SOAR ordinance would be exempt from CEQA if it were placed on the ballot as an initiative measure. She clarified that the SOAR ordinance and the Hidden Creek Ranch project development agreement Minutes of the City Council Moorpark, California Page 9 September 16, 1998 ordinance could be considered at the same special election if the election was called by October 7. Councilmember Perez indicated dismay regarding the statements made during public comments. He stated he was inclined to request a report to obtain accurate information regarding fiscal impacts of the SOAR measure. He also stated that a special election in December would not be conducive to good voter turnout. In response to Mayor Hunter, Mr. Kueny stated that a report on the SOAR measure could be prepared for the first meeting in October. Councilmember Teasley requested clarification regarding the possibility of both measures being placed on one ballot. Ms. Traffenstedt discussed the process for signature review of the Referendum petition. Ms. Kane discussed the provision in the elections code allowing an extension of time for holding an election in order to consolidate the two items on one ballot. MOTION: Councilmember Perez moved to order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at a special Council meeting on October 14, 1998. Mayor Hunter stated he felt that deleting seven days would not make a difference in preparing the report. Councilmember Perez withdrew the motion. MOTION: Mayor Hunter moved to order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at a special Council meeting on October 7, 1998. The motion died due to lack of a second. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at a special Council meeting on October 14, 1998. Councilmember Wozniak stated he was troubled by what he had heard during public comment. He questioned the need for a report on the SOAR measure. Minutes of the City Council Moorpark, California Page 10 September 16, 1998 Councilmember Evans stated he concurred with Councilmember Wozniak regarding public comments. He stated he does not support SOAR due to the potential for litigation. Councilmember Teasley expressed concern with the proposed date of December 22 for an election. She discussed voter turn -out. Mayor Hunter stated both the SOAR measure and the City's open space preservation measure• could have been on the ballot at the same time, if the Council had legislatively placed the SOAR measure on the ballot, saving the City $22,500. Councilmember Evans stated the vote by the Council to place SOAR on the ballot was unanimous. He stated the initiative process had been followed. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at a special Council meeting on October 14, 1998. Councilmember Perez indicated a point of order and stated there was already a motion on the floor. Councilmember Wozniak withdrew his motion and the second on the previous motion. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to adopt the resolution calling a special election for Tuesday, December 15, 1998. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Council took a recess. The time was 9:54 p.m. The Council reconvened at 10 :17 p.m. with all Councilmembers present. Councilmember Evans requested the Council reconsider Item 10.B. CONSENSUS: By consensus, the Council determined to reconsider Item 10.B. Councilmember Evans requested comments from Mr. Francis. Minutes of the City Council Moorpark, California Page 11 September 16, 1998 Richard Francis, 711 South 'A', Oxnard, stated that ordering a report on the SOAR measure, to be completed within 30 days, would allow both SOAR ordinance and the development agreement ordinance to be considered at one special election which he supported. In response to Councilmember Evans, Ms. Kane stated the Council can request any items be included in the report. Councilmember Evans stated he would like more information on financial impacts if SOAR passes. Mayor Hunter stated requiring the report would send staff through a meaningless task. Councilmember Perez stated the report would provide accurate information for the public. He requested the status of Council actions made that will be impacted by SOAR. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to reconsider the prior vote on Item 10.B. The motion carried by roll call vote, 4 -1, Mayor Hunter dissenting. In response to Councilmember Teasley, Mr. Kueny stated both measures could be on the same ballot if both items were considered on October 7. He stated the election would then occur on January 12, 1999. Mayor Hunter requested a matrix display of a point -by -point comparison of the distinctions between the City sponsored open space preservation measure and the SOAR initiative measure. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to order a report, consistent with Section 9212 of the Elections Code, to be brought back to the City Council with the election resolutions at the Regular Council meeting on October 7, 1998. The motion carried by unanimous voice vote. C. Consider Options for the Administration of Contracts for the Construction of Proposed Traffic Signal and Related Improvements At and Near the Intersection of Casey Road and Walnut Canyon. Staff Recommendation: Direct staff as deemed appropriate. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 12 September 16, 1998 In response to Councilmember Perez, Mr. Gilbert stated that Dr. Duffy, the Superintendent of the Moorpark Unified School District, had spoken with the City Manager and the report had been revised to reflect their discussion. Councilmember Perez stated the staff report identifies outstanding matters and he is not interested in tying them to the current matter. He also inquired about District funding of future signal energy costs. In response to Councilmember Perez, Mr. Gilbert stated there was no other situation in which someone other than the City pays for City maintenance costs for traffic signals. Councilmember Wozniak indicated he would be abstaining on the matter. MOTION: Councilmember Teasley moved and Mayor Hunter seconded a motion to approve the agreement between the City and the School District with the District serving as its agent in undertaking and completing the requirements of the project and the requirements of the Cooperative Agreement between the City and Caltrans. AMENDMENT: to delete Item Traffic Signal report. Councilmember Perez requested amending the motion E.- Outstanding Matters and Item F.- Future Maintenance Cost, as indicated in the staff In response to Councilmember Teasley, Mr. Gilbert stated preparation of the agreement would require City resources. Mr. Kueny stated the agreement would include a requirement for payment of the City's direct out -of- pocket costs. Councilmember Teasley and Mayor Hunter concurred with the amendment. The amended motion carried by roll call vote, 4 -0, Councilmember Wozniak abstaining. D. Consider Moorpark Unified School District (MUSD) Request for Parking at Arroyo Vista Community Park (AVCP). Staff Recommendation: 1) Approve the request from Moorpark Unified School District to use the south side of the AVCP access road and 18 spaces in the-improved lot at AVCP for student parking, Monday through Friday, between the hours of 7 :00 a.m. and 3 :00 p.m., through June 30, 1999; 2) Require MUSD to reimburse the city for its cost to purchase and install new parking restriction signs consistent with Minutes of the City Council Moorpark, California Page 13 September 16, 1998 the Council action; 3) Authorize the City Manager to impose additional or modified conditions to facilitate implementation of the City Council approved action; and 4) Direct staff to issue a Park Encroachment Permit outlining MUSD's obligation including, but not limited to, covering and uncovering the parking restriction signs (until permanent signs are installed), posting warning signs, and monitoring the use of the access road and AVCP parking lot by permitted students. Ms. Lindley gave the staff report. In response to Mayor Hunter, Ms. Lindley stated the current signs would be bagged until new signs were purchased. Mayor Hunter stated the restriction of 3 :00 p.m. did not allow for parking at extra curricular activities. Mr. Kueny stated Dr. Duffy had concurred with the recommendation of 3:00 p.m. In response to Councilmember Teasley, Ms. Lindley stated the recommendation would provide a temporary solution until the parking lot at the high school is built. Mr. Kueny stated the School District would probably build a ramp to allow access to the tennis courts but there was no immediate funding available for the School District to pave the lots. Lori Rutter, 11611 Pinedale Road, stated her concern with the elimination of the bike lane on one side of the park access road and discussed whether the speed limit should be reduced. Mr. Kueny stated parking would not occur on the roadway curve and bikes could be walked on the sidewalks where there was no bike lane. He stated the change would create 40 spaces. In response to Mayor Hunter, Ms. Lindley stated there were two signs currently posted. Mr. Kueny stated the signs need to be bagged temporarily. In response to Councilmember Teasley, Mr. Kueny stated he has been assured that the students will be informed of the parking restrictions. Minutes of the City Council Moorpark, California Page 14 September 16, 1998 In response to Councilmember Teasley, Ms. Lindley stated there are very few events at the Park during the week that would be impacted by the parking reduction. Councilmember Wozniak indicated he would be abstaining. MOTION: Councilmember Perez moved and Mayor Hunter seconded a motion to approve the request from Moorpark Unified School District to use the south side of the AVCP access road and 18 spaces in the improved lot at AVCP for student parking, Monday through Friday, between the hours of 7 :00 a.m. and 3:00 p.m., through June 30, 1999; 2) Require MUSD to reimburse the city for its cost to purchase and install new parking restriction signs consistent with the Council action; 3) Authorize the City Manager to impose additional or modified conditions to facilitate implementation of the City Council approved action; and 4) Direct staff to issue a Park Encroachment Permit outlining MUSD's obligation including, but not limited to, covering and uncovering the parking restriction signs (until permanent signs are installed), posting warning signs, and monitoring the use of the access road and AVCP parking lot by permitted students. The motion carried by voice vote, 4 -0, Councilmember Wozniak abstaining. CONSENSUS: By consensus, the Council reordered the agenda to discuss Items 10.H., 10.I. and 10.L. then return to Item 10.E. and the remainder of the agenda. H. Consider Minor Modification No. 6 to Major Modification No. 1 to Commercial Planned Development Permit 90 -2 for Construction of Pad Building B within Mountain Meadows Plaza, Located at the Southwest Corner of Tierra Rejada Road and Mountain Trail Street (Moorpark Properties LLC). Staff Recommendation: Adopt Resolution No. 98- approving Minor Modification No. 6 to Major Modification No. 1 to Commercial Planned Development Permit No. 90 -1. Mr. Miller gave the staff report. Celso Del Poso, 1990 South Bundy Drive, Los Angeles, Nadel Architects, Inc., addressed the Council as a representative of the applicant. He discussed the proposed parking and elimination of the secondary screen wall. Lori Rutter, 11611 Pinedale Road, stated there was no streetscape planning along the arcade, which would be desirable. She discussed light fixtures and stated they should match the existing fixtures. Minutes of the City Council Moorpark, California Page 15 September 16, 1998 In response to Mayor Hunter, Mr. Miller stated the applicant has indicated no leases have been signed with tenants. Mayor Hunter stated the rear structure should face where there is the least exposure. He suggested turning the building, which would provide a more aesthetically pleasing view. Mr. Kueny discussed the accumulation of trash that would occur on the rear side of the building. In response to Mayor Hunter, Mr. Del Poso stated the rear elevation would be facing the east. Mayor Hunter stated the least attractive side of the building would be facing the corner and the matter should be addressed to correct the situation. Mayor Hunter recommended staff work with the applicant regarding orientation of the building. Mr. Miller stated the rear doors face Mountain Trail Street versus Tierra Rejada Road. He stated the doors would be recessed from the face of the columns approximately 30 inches. Mayor Hunter requested the plans be redone with a different building orientation. In response to Councilmember Teasley, Mr. Del Poso stated the building is designed for up to four tenants and, therefore, there are four doors. He stated only two tenants are planned for at this time. CONSENSUS: By consensus, the Council directed staff to work with the applicant on building orientation and design. I. Consider Issues Relating to the Tierra Rejada Greenbelt. Staff Recommendation: Direct staff as deemed appropriate. Mr. Miller gave the staff report. Rick Brecunier, 15221 Read Road, expressed concern with further restrictions being placed on the property. Mayor Hunter stated the purpose is to develop what all government agencies think are allowable uses. He referenced Oxnard as an example-of an overlay zone. He stated the matter is not seen as being in conflict with the Agricultural Policies Working Group. He stated the Council Minutes of the City Council Moorpark, California Page 16 September 16, 1998 was also looking at the need to strengthen the Tierra Rejada Greenbelt Agreement and that he had met with Supervisors Schillo and Mikels to discuss ideas for strengthening the Agreement. In response to Councilmember Evans, Mayor Hunter stated the work on the Agreement was still in the development stage and ways to minimize restrictions on farming were being considered. Mayor Hunter stated staff can meet with Mr. Brecunier and others to develop a list of proposed allowable uses. Mr. Miller stated the staff report indicates some uses which have raised concerns in the past. He stated staff could meet with Mr. Brecunier but needs direction from Council. CONSENSUS: By consensus, the Council directed staff to meet with interested parties to develop a list of suggested allowable uses. L. Consider Resolution No. 98- Establishing the City Council's Position in Opposition to Proposition 9 the "Utility Rate Reduction and Reform Act." Staff Recommendation: Adopt Resolution indicating its opposition to Proposition 9, the "Utility Rate Reduction and Reform Act ". Mr. Reynolds gave the staff report. Jeff Christoperson, 3262 Greenville Drive, Simi Valley, requested Council consider supporting Proposition 9. Lori Rutter, 11611 Pinedale Road, suggested the Council consider both sides prior to endorsing or opposing the proposition. Glen Becerra, 25625 W. Rye Canyon Road, Valencia, addressed the Council as a representative of Southern California Edison. He discussed bond issues and potential impacts to the State if the proposition is passed. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt a resolution indicating opposition to -- Proposition 9, the "Utility Rate Reduction and Reform Act ". Councilmember Teasley requested additional time to further research the matter. Minutes of the City Council Moorpark, California Page 17 September 16, 1998 Mr. Becerra stated the rates are. frozen at 1996 rates and stated there was a true 10 percent reduction. In response to Mayor Hunter, Mr. Becerra explained the current utility rates. He stated the League of California Cities, which opposes the proposition, has investigated the matter thoroughly. Councilmember Perez withdrew his motion and Councilmember Wozniak withdrew his second on the motion. CONSENSUS: By consensus, the Council continued the item to October 7, 1998. E. Consider Adoption of Resolution Approving Minor Modification No. 13 to CPD 89 -2 Located at the Northwest Corner of Los Angeles Avenue and Park Lane (301 W. Los Angeles Avenue) on the Application of Shell Oil Company for the Installation of a Directional Curb -cut on Los Angeles Avenue for Exit Only from the Shell Service Station in the Commercial Planned Development Zone (APN 511- 08 -45). Staff Recommendation: Adopt Resolution No. 98 -1512 approving a directional exit only curb -out along Los Angeles Avenue with the condition that oversized raised pavement markers be installed on the median in Los Angeles Avenue to discourage illegal left turn ingress into the driveway. All plans are subject to final approval of Caltrans and the City Engineer. Mr. Lovett gave the staff report. In response to Mayor Hunter, Mr. Gilbert explained the appearance of the oversized raised pavement markers. In response to Councilmember Perez, Mr. Lovett stated the same situation as at the Burger King Restaurant would be created. In response to Councilmember Perez, Mr. Lovett stated Caltrans would not allow any other driveway configuration other than perpendicular. Mr. Gilbert indicated that the perpendicular driveway would allow right -turn egress. In response to Mayor Hunter, Mr. Lovett stated final approval by Caltrans would be required. Mr. Kueny suggested amending Section 2 of the resolution to include oversized markers in the median "if authorized by Caltrans." Minutes of the City Council Moorpark, California Page 18 September 16, 1998 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1512 approving a directional exit only curb -out along Los Angeles Avenue with the condition that oversized raised pavement markers be installed in the median in Los Angeles Avenue, if authorized by Caltrans, to discourage illegal left turn ingress into the driveway. All plans are subject to final approval of Caltrans and the City Engineer. Councilmember Evans indicated he could not support the motion due to the applicant's prior awareness of the conditions. Councilmember Teasley stated her concern regarding left turns into the property. Mr. Gilbert stated staff was working with Caltrans and requesting oversized raised pavement markers at several problem locations along Los Angeles Avenue. Councilmember Perez suggested painting the curb in front of the door at the station to improve circulation on site. The motion carried by voice vote, 4 -1, Councilmember Evans dissenting. F. Consider Guidelines Regarding Issuance of Permits for Temporary Exemption of Street Sweeping Parking Restrictions. Transportation and Streets Committee and Staff Recommendation: Authorize staff to issue temporary permits for exemption of street sweeping parking restrictions, to inoperative vehicles, provided said permits do not exceed three (3) calendar days in duration. Mr. Gilbert gave the staff report. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to authorize staff to issue temporary permits for exemption of street sweeping parking restrictions, to inoperative vehicles, provided said permits do not exceed three (3) calendar days in duration. The motion carried by unanimous voice vote. G. Permits for Overnight Parking at the Moorpark Metrolink Commuter Rail Parking Lots. Transportation and Streets Committee and Staff Recommendation: Adopt Resolution No. 98 -1513 amending Resolution No. 92 -888 by adding provisions for the issuance of overnight parking permits at the Metrolink commuter rail south lots. Mr. Gilbert gave the staff report. Minutes of the City Council Moorpark, California Page 19 September 16, 1998 In response to Mayor Hunter, Mr. Gilbert stated it would eliminate ticketing the same persons repeatedly. MOTION: Councilmember Evans moved and Councilmember Wozniak seconded a motion to adopt Resolution No. 98 -1513 amending Resolution No. 92 -888 by adding provisions for the issuance of overnight parking permits at the Metrolink commuter rail south lots. The motion carried by unanimous voice vote. J. Consider Hidden Creek Ranch Specific Plan (Specific Plan No. 8) Traffic Impact Mitigation Fee Agreement With County of Ventura. Staff Recommendation: Approve Traffic Mitigation Agreement - Hidden Creek Ranch Project with County of Ventura subject to final language approval of the City Manager and City Attorney. Mr. Miller gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve a Traffic Mitigation Agreement - Hidden Creek Ranch Project with County of Ventura, subject to final language approval of the City Manager and City Attorney. The motion carried by voice vote 4 -0, Councilmember Teasley abstaining. K. Consider Resolution No. 98 -1514 Establishing the Fares for the City Transit Bus. Staff Recommendation: Accept the recommendation of the City Transportation and Streets Committee and adopt Resolution No. 98 -1514, rescinding Resolution No. 92 -869, and establishing the fares for the City Transit Bus. Ms. Lindley gave the staff report. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to accept the recommendation of the City Transportation and Streets Committee.and adopt Resolution No. 98 -1514, rescinding Resolution No. 92 -869, and establishing the fares for the City Transit Bus. The motion carried by unanimous voice vote. M. Consider Appointment to the Emission Reduction Credits Use Criteria Committee. Staff Recommendation: Appoint either a Councilmember or a staff member to represent the City of Moorpark on the Emission Reduction Credits Use Committee. Mr. Nowak gave the staff report. MOTION: Mayor Hunter moved and Councilmember Evans seconded a motion to appoint Assistant City Manager John Nowak as the Minutes of the City Council Moorpark, California Page 20 September 16, 1998 representative and Senior Management Analyst Graham Mitchell as the alternate to represent the City on the Emission Reduction Credits Use Committee. The motion carried by unanimous voice vote. N. Consider 1999 Budget Process Recommendation From Councilmember Evans. Recommendation: 1) Direct that the Budget and Finance Committee not review the draft budget and use the full City Council in their place; and 2) Establish a time during each regular meeting for budget review or at special meetings. Councilmember Evans gave the report. Mayor Hunter stated the change would keep budget development at the Council level. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to: 1) direct that the Budget and Finance Committee not review the draft budget and use the full City Council in their place; and 2) establish a time during each regular meeting for budget review or at special meetings. The motion carried by unanimous voice vote. 11. CONSENT CALENDAR: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the June 10, 1998 Adjourned City Council Meeting. Consider Approval of Minutes of the August 5, 1998 Regular City Council Meeting. Staff Recommendation: Approve the minutes as processed. B. Consider Approval of Warrant Register of September 16, 1998. Fiscal Year 1998/99 Manual Warrants Voided Warrants 42574 - 42581 42311 $24,161.71 $ (92.74) Regular Warrants 42587 - 42609 - D $ 69,532.58 42610 - 42677 - V $ 81,312.79 Minutes of the City Council Moorpark, California Page 21 September 16, 1998 C. Consider Moorpark Chamber of Commerce Request for Waiver of Fees. Staff Recommendation: Approve the City's co- sponsorship of a Candidate Forum with the Moorpark Chamber of Commerce and the Moorpark Women's Fortnightly as outlined in the staff report. D. Consider the Roam'n Relics Car Show, to be Held Sunday, October 25, 1998, and Request for a Reduction of Fees. Staff Recommendation: 1) Charge the Roam'n Relics Car Club for the City's direct cost for police as charged to the City by the County of Ventura, charge the direct costs for staff time to plan the event, and'not charge for the use of the Redevelopment Agency's property; and 2) Require payment of encroachment permit fees ($40) and Temporary Use Permit ($89) fees. E. Consider Approval of a Certificate of Acceptance for an Irrevocable Offer of Dedication for Right -of -Way Dedication at IPD 97 -3 (Sunbelt Properties, Fred Kavli) Staff Recommendation: 1) Approve the Certificate of Acceptance for the Irrevocable Offer of Dedication for IPD 97 -3; and 2) Direct the City Clerk to forward said irrevocable offer of dedication to the County Recorder for recordation. F. Consider Request from Kiwanis of Moorpark to Waive Park Rental Fees for Softball Tournament. Staff Recommendation: Approve the request from the Kiwanis of Moorpark to waive park rental fees associated with their Girls Softball Tournament, provided that they pay any direct costs incurred by the City, and grant permission to operate temporary concession stands. G. Consider Reimbursement Request for Use of the City's Social Services Account. Staff Recommendation: Approve reimbursement request for $200 from the City's Social Services Account. H. Consider Approval of VISTA -East Cooperative Agreement. Staff Recommendation: Approve the Cooperative Agreement among the Cities of Moorpark, Simi Valley, Thousand Oaks, and the Ventura County Transportation Commission for Ventura Intercity Service Transit Authority (VISTA) - East for FY 1998/99, pending final language approval by the City Manager and City Attorney, and authorize the Mayor to sign the Agreement on behalf of the City. Minutes of the City Council Moorpark, California Page 22 September 16, 1998 12. ORDINANCES: None. 13. CLOSED SESSION: None was held. 14. ADJOURNMENT: MOTION: Councilmember Teasley moved and Councilmember Wozniak seconded a motion to adjourn. The m on carried-by unanimous voice vote. The time was 12:13 p.m.71 ATTEST: Deborah Traffenst(Erdt, City Cler rick Punter, Mayor