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HomeMy WebLinkAboutMIN 1991 0313 CC SPCCITY COUNCIL MINUTES Moorpark, California March 13, 1991 A Special Meeting of the Moorpark City Council of the City of Moorpark was held on March 13, 1991 in the City Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:15 p.m. Present: Councilmembers Montgomery, Wozniak, and Mayor Lawrason. Absent: Councilmember Perez Steven Kueny, City Manager; Pat Richards, Director of Community Development; and Lillian Kellerman, City Clerk. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mr. Richards. Mayor Lawrason indicated to those present that public comment would be allowed after the scheduled agenda. 3. ACTION /DISCUSSION ITEM: A. Consider Approval of Resolution No. 91 -746. A resolution reciting the facts of the Special Municipal election held on March 5, 1991, and declaring the results and such other matters as required by law. Staff Recommendation: Approve the proposed resolution. Ms. Kellerman gave the staff report. She said the certification had been completed by the County the results were as follows: Precinct Vote Roy Talley, Jr. 606 John G. Roberts 413 E.A. (Eloise) Brown 404 The whole number of votes cast in voter ballots was 1,428. The whole ballots cast was 484, making a total Absentee Vote Total 183 789 161 574 137 541 the City, except absent number of absent voter of 1,912. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to approve Resolution 91 -746 reciting the facts of the Special Municipal election. The motion carried by voice vote 3 -0, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 2 March 13, 1991 B. Oath of Office Administered to Roy E. Talley Jr by City Clerk. Ms. Kellerman administered the Oath of Office to Roy E. Talley, Jr. Councilmember Talley was then seated with the Council and welcomed by all. Councilmember Talley thanked those who assisted him in his campaign and stated that he look forward to the challenges and responsibilities of the position. C. Consider Authorizing the City Manager to Execute Community Development Block Grant (CDBG) Contract Amendments Staff Recommendation: Authorize City Manager to execute CDBG contract amendments. MOTION: Councilmember Montgomery moved and Mayor Lawrason seconded a motion to approve the staff recommendation to authorize the City Manager to execute CDBG contract amendments. The motion carried by voice vote 4 -0, Councilmember Perez absent. D. Consider Violation of PD 1066 (Liston) regarding the Removal of Pro!ect Trees without City Approval Staff Recommendation: Direct staff as deemed appropriate. Mr. Richards gave the staff report. Leonard Liston was allowed to address the Council. He recounted the stop work order issued by the City against his project for the removal of trees designated to remain on the subject site as required by PD1066. He said the trees would be replaced, and they would provide good shade, although not all the replacement trees would be the same variety. He indicated that he had made a verbal agreement with the Shiloh Community Church that if the noise from the car wash couldn't be satisfactorily mitigated by the measures planned, he would not open the car wash until 12:00 noon on Sunday. Randal Baker, 263 Sierra Avenue, spoke on behalf of the Shiloh Community Church regarding the churches concern over the removal of the trees and the hours of operation of the proposed car wash. He also indicated their concern over gasoline sales at the car wash. Gerald Goldstein, 11932 Los Angeles Avenue, complained that trees had injudiciously been cut down in the City. He also indicated that he felt gasoline sales should not be allowed for PD1066 (Liston). Minutes of the City Council Moorpark, California Page 3 March 13, 1991 Councilmember Montgomery suggested that if the applicant would agree to the following conditions, he would support lifting the stop work order: 1) Comply fully with all remedial and punitive reimbursement costs per the City Tree Ordinance (Ordinance No. 101). 2) Limit hours of operation on Sunday to begin no earlier than 12:00 noon. 3 ) Agree to all six conditions in the memorandum dated March 13, 1991 from Pat Richards "PD 1066 (Liston) Proposed Conditions RE: Gas Sales" as listed below: a. That no delivery of any kind may be made between the hours of 10:00 P.M. and 7:00 a.m. b. That gasoline pump isla three (3) and no more delivery pumps shall be island. C. That there shall be no automobile products for etc.) nds shall be limited to than two (2) gasoline installed on each pump outside display of any sale (oil, anti - freeze d. That all gas price signs shall be made part of an overall sign program to be approved by the Director of Community Development prior to the first occupancy of either the car wash or auto service building. e. That all necessary permits to store and sell flammable liquids shall be obtained from the Ventura County Fire Department and The Ventura County Environmental Health Department. f. That no advertising shall be installed on the gasoline pumps except that related to gasoline sales. 4. A revised Landscape Plan shall be submitted and be subject to approval by the Director of Community Development. 5. A noise attenuation block wall of a minimum of 8 feet be constructed along the property line adjacent to the church as approved by the Director of Community Development. Minutes of the City Council Moorpark, California Page 4 March 13, 1991 6. Gasoline sales to be conducted only in conjunction with the washing of a persons vehicle, i.e., only those receiving car washes can purchase gas. AT THIS POINT in the meeting Mayor Lawrason declared a recess to allow the applicant to review the conditions stated above. The time was 8:10 p.m. The Council reconvened at 8:35 p.m. Councilmember Montgomery said he had the following changes to the above listed conditions: No. 3a was amended to read "That no delivery of any kind may be made between the hours of 10:00 p.m. and 6:00 a.m." No. 5 was clarified that the wall is not eight foot for its whole length but only until the most westerly offset; the wall to be 6 foot from that point forward. The Director of Community Development to work out the exact specifics with the applicant. Conditions clarified that the limitation on Sunday hours of operation would be in effect only as long as the adjacent property is a church. A future minor modification would be the process for a request to change the hours of operation in this circumstance. A new condition 7 was added: 7. The applicant to be required to reimburse the City for all costs incurred as a result of the tree removal and any deficiencies in the planning costs for processing of PD1066. These conditions to be formally adopted by the processing of a minor modification for the project. Mr. Liston stated that he accepted all the conditions as presented. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to process the minor modification consistent with the conditions as presented, amended, and as agreed to by the applicant. The motion carried by voice vote 4 -0, Councilmember Perez absent. Minutes of the City Council Moorpark, California Page 5 March 13, 1991 MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded the motion to lift the stop work order upon the filing of a minor modification application; which application could be filed by the applicant tomorrow. The motion carried by voice vote 4 -0, Councilmember Perez absent. 4. PUBLIC COMMENT: Joe Latunski, 289 Casey Road, addressed the Council regarding the Senior Citizens St. Patrick's Day Dinner to be held on Sunday, March 17, 1991. Tom Thompson, 12623 Hillside Drive, addressed the Council concerning a letter received from Entertainment Express Limited, the Mountain Meadows cable company. He indicated that the residents on the service were notified they would be charged $3.60 per cable television outlet. He asked the Council to place a discussion of the matter on the next agenda for consideration. Patti Smith, 12686 Country Meadow, Mountain Meadows Neighborhood Council President, spoke regarding Entertainment Express Limited. She concurred with Mr. Thompson and also asked the Council to agendize the item. Janet Anderson, 11990 Haven Crest, spoke regarding Entertainment Express Limited. She indicated that she was against the rate increase and indicated that the television outlets had been put in at her expense when her home was built. BY CONSENSUS: By consensus the Council determined to place consideration of the Entertainment Express Limited cablevision matter on the agenda for March 20, 1991. 5. ADJOURNMENT: MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:10 p.m. Paul W. Lawrason Jr., Mayor ATTEST: Lillian E. Kellerman, City Clerk