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HomeMy WebLinkAboutMIN 2003 0115 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California January 15, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on January 15, 2003, 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 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: Mayor Hunter introduced Steven Donlon, Matthew Eifert, Gabriel Garcia, Brendan Hickey, Colin Lane, Steven Lipson, Alec Louck, Dylan Malloy, and Ben Modarres from Boy Scout Troop 3601. Boy Scout Troop 3601 led the Pledge of Allegiance. 3. ROLL CALL Present: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Nancy Burns, Senior Management Analyst; Joseph Fiss, Principal Planner; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Local Ministers for giving the Invocation at City Council meetings. Mayor Hunter read Certificates of Recognition honoring local ministers for delivering the Invocation at the beginning of City Council meetings. Minutes of the City Council Moorpark, California Page 2 January 15, 2003 Pastor Tony Amatangelo, Life Spring Community Church; Pastor Paul Hatfield, Cornerstone Community Church; Pastor Eric Sweitz, Sonrise Pacific Church; and Pastor Dave Willkinson, Moorpark Presbyterian Church were present to receive certificates. Mayor Hunter stated that other ministers, unable to attend, would be recognized at a subsequent meeting. Pastor Amatangelo thanked the Council on behalf of all the ministers for past opportunities to come and pray with the City Council and city staff for the city of Moorpark and stated that even though "by law" they are no longer allowed to pray before the meetings, they do continue to offer up prayers for the decisions made for the city. B. Introduction of Captain Richard Diaz from the Moorpark Police Department. Mayor Hunter provided a summary of Captain Diaz' 34 years of experience in law enforcement and welcomed him to the city of Moorpark. C. Introduction of new City Employee, Cynthia Borchard, Administrative Services Director. Mayor Hunter provided a summary of Ms. Borchard's background in Finance and welcomed her to the city of Moorpark. Ms. Borchard thanked the Mayor and stated that she is looking forward to working for the city and becoming involved in the community. D. City Manager's Monthly Report. Mr. Kueny introduced Deborah Traffenstedt, Assistant to City Manager /City Clerk, who gave a report on the City Clerk's Department, including the responsibilities for the preparation of the agenda packets and the minutes of the City Council; records management for all of the city; and coordination of the municipal election process. She stated that in addition, the City Clerk's Department contains the Human Resources /Risk Management Division whose responsibilities include recruitment, hiring, employee benefits, safety programs, and insurance /claims Minutes of the City Council Moorpark, California Paqe 3 January 15, 2003 related functions for 54 full -time and 44 part -time employees. Ms. Traffenstedt cited recent accomplishments including updating the Personnel Rules and Classifications Plan, updating the Salary Plan, and Employee Recognition events. She went on to describe the additions made to the city's homepage including posting of the full City Council agenda packet and video recordings of the meetings; employment opportunities along with applications; the Salary Plan; and the Classification Plan. 5. PUBLIC COMMENT: Ralph Mauriello, a Moorpark resident, addressed the Council to ask if they would be interested in a proposal for concerts in the park coupled with family picnics. Mr. Mauriello stated that local entertainment would be included and he is prepared, as a former musical producer, to put together a report showing the proposed locations, potential performing groups, and budget needed. Mayor Hunter stated that the city of Moorpark has had such events in the past, which have been discontinued. He went on to state that the Council would be willing to look at his proposal and directed Mr. Mauriello to contact Mary Lindley, Community Services Director for assistance. Dorothy Ventimiglia, a Moorpark resident, complained about overflow parking from Moorpark College students on Imbach Place and Borges Drive and the impacts on her neighborhood. She presented the City Clerk with a "Petition Requesting the Establishment of Permit Only Parking" signed by numerous residents in the affected area. She also provided photographs. Councilmember Mikos stated that she had spoken with Ms. Ventimiglia and had referred her to Ken Gilbert, Public Works Director to obtain the proper forms for filing the petition. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7:20 p.m. The City Council meeting reconvened at 7:28 p.m. Minutes of the City Council Moorpark, California Page 4 January 15, 2003 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mayor Hunter requested that Item 10.C. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos requested a future agenda item for the February 5, 2003, City Council meeting to discuss Unmet Transit Needs in the city. She stated this would allow for public comments, which could be forwarded on to the Ventura County Transportation Commission in time to meet their deadline for the public comments period, ending February 14, 2003. Councilmember Mikos applauded the Somis residents who won a lawsuit against Caltrans, resulting in a requirement that an Environmental Impact Report must be prepared for the intersection of State Routes 118 and 34 in Somis. Councilmember Millhouse announced that he had participated in reviewing speeches from the very talented Moorpark Academic Decathlon Team, which is preparing for the state decathlon. He stated that anyone interested in contributing to the team's travel expenses may contact Moorpark High School. Councilmember Millhouse announced that the city of Moorpark has retained its position on the Ventura Country Transportation Commission. He announced that he will be the Chair of the Commission starting in February and is looking forward to addressing transit issues in and around Moorpark. Councilmember Harper requested a monthly report to provide a brief update on the effects of the state budget crisis on the city of Moorpark including law enforcement and the Redevelopment Agency. Mayor Hunter recognized Nancy Burns, Senior Management Analyst for working through an illness and Deborah Traffenstedt, Assistant To City Manager /City Clerk for coming in to work on her vacation to make sure documents were properly prepared and acknowledged to ensure that several first time homebuyers in the Mountain View Project could move into their new homes before the Christmas and Minutes of the City Council Moorpark, California Page 5 January 15, 2003 New Year holidays. Mayor Hunter recognized Ken Gilbert, Public Works Director, for coming in during his vacation to help the City Council address the Moorpark Road and Tierra Rejada Road intersection issue. 8. PUBLIC HEARING: A. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments. (Continued from December 18, 2002, with public hearing open) Staff Recommendation: Continue the public hearing open, to February 19, 2003. Mr. Hogan stated that the applicant has informed staff that due to personal reasons, the negotiation of the Development Agreement will not be completed in time for this meeting, therefore it is recommended to be continued to February 19, 2003. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue the public hearing open to February 19, 2003. The motion carried by unanimous voice vote. B. Consider Conditional Use Permit No. 2002 -06, a Request to Allow a Factory Authorized Harley Davidson Motorcycle Dealership with Service, Storage and Retail Areas Located at 6190 Condor Drive, on the Application of Tom Elsaesser. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2003 -2046 approving Conditional Use Permit 2002 -06 subject to Conditions of Approval. Mr. Hogan gave the staff report. He stated that Condition No. 15 dealing with compliance by the development with the requirements of the Ventura County National Pollution Discharge Elimination System Minutes of the City Council Moorpark, California Page 6 January 15, 2003 Permit (NPDES) CAS 004002 should be added to the Standard Conditions for this project. In response to Councilmember Parvin, Mr. Hogan stated that there were no responses to the public notice for this item, which was mailed to neighboring businesses and residences; he would not approve a test drive route near the school campus or onto Condor Drive; he would defer to the applicant to disclose the number of cycles taken on test drives; it was not necessary to contact other cities with similar facilities to identify problems since he has dealt with two or three other motorcycle dealerships in other communities where the facilities were located in quasi- retail centers adjacent to residential property; the problems noted at those facilities involved noise generated from testing and running of engines outside the facilities and road testing in alleyways adjacent to the facilities; this facility is not adjacent to a residential use, but is near the freeway; and Special Conditions have been applied to prohibit outdoor repairs and a specified test drive route will require his approval; if there are problems with this facility after its approval, which violate the conditions of approval for this Conditional Use Permit, it will come before the Council for consideration of revocation or alteration of the permit; and if there is no violation of the findings or conditions of approval, staff would work with the owner on finding solutions to any problems. Mayor Hunter opened the public hearing. Tom Elasesser, applicant, 1326 Del Norte Road, Camarillo, California, stated that he is aware of the conditions and would like to address the Council's concerns. He stated that they do not race motorcycles up and down streets; there will be no hazardous runoff since they do not hose down cycles, rather they use rags to wipe them down and then send the rags out to be cleaned; the restriction on hours of operation from 9:30 a.m. to 6:30 p.m. five days a week, will probably be sufficient in the beginning, however as the business grows the retail hours may need to change; and a special ventilation system is being installed so that motorcycles can be serviced inside with the exhaust vented to the outside, thus eliminating any Minutes of the City Council Moorpark, California Page 7 January 15, 2003 outdoor noise. Mr. Elasesser predicted the sale of motorcycles in Moorpark should bring approximately $70,000 - $80,000 dollars in sales tax revenue to the city in the first year. In response to Mayor Hunter, Mr. Elasesser stated that this is a new store not a consolidation; this will be his third dealership to either start or turn around; and he would like to request more flexibility as the company grows and adds employees, to have the hours for retail be from 9:00 a.m. to 7:00 p.m. or 8:00 a.m. to 7:00 P.M. Jerrold Felsenthal, owner of the property at 6190 Condor Drive, Moorpark, California, stated that he had investigated Mr. Elasesser's Harley Davidson dealership in Camarillo, which proved to be a first class operation. He went on to encourage the Council to approve the project, which will benefit the city of Moorpark economically as well as bring a quality business to the city. Councilmember Harper recommended leaving the hours of the operation for retail sales in Condition No. 6. as stated and then let any future changes be left to the discretion of the Community Development Director. Mayor Hunter suggested that to provide the applicant with some flexibility to start, modifications could be made to Condition No. 5 to restrict the hours and days for repair operation from 8:00 a.m. to 7:00 p.m., Tuesday through Saturday; to Condition No. 6 to restrict the hours of retail operation from 9:00 a.m. to 7:00 p.m., daily; and then the addition to both of those Conditions that subsequent amendments may be left to the discretion of the Community Development Director. Councilmember Mikos stated that this is a very good project; she knows some motorcycle enthusiasts who speak very highly of the first class operation of this type of dealership; staff has addressed all concerns; the city will receive some well needed sales tax revenues; and she is very much in favor of the project. Minutes of the City Council Moorpark, California Page 8 January 15, 2003 Councilmember Millhouse stated that this looks like a very professional project; the Council's concern is that this not be a noise nuisance for the community; the conditions are good in providing flexibility to the applicant, while addressing the needs of the citizens, and the applicant needs to continue to be sensitive to those needs. Mayor Hunter stated that the only issue left to address would be the test drive route, which he recommends the applicant be allowed to work with staff to develop a test route that meets the applicant's requirements and protects the citizens. Mr. Kueny concurred and suggested adding verbiage to Condition No. 8 that would allow for subsequent amendment, as circumstances change, to the discretion of the Community Development Director. Councilmember Parvin stated that she had been concerned about noise pollution, but is comfortable with the conditions. She looks forward to the sales tax benefit, especially in light of the state's budget crisis. Mayor Hunter closed the public hearing. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to adopt Resolution No. 2003 -2046 approving Conditional Use Permit 2002 -06 subject to conditions of approval, as amended for Special Conditions No. 5, No. 6 and No. 8 for changes to the hours and the addition of discretionary language, along with the addition of Standard Condition No. 15 on NPDES. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: CONSENSUS: It was the consensus of the Council to waive the rules so that Items 9.A., 9.B., 9.C. and 9.D. could be heard together. Mayor Hunter asked for comments from the Council on the appointment process and the candidates. Councilmember Harper stated that there is a very strong applicant pool, particularly those with expertise in Minutes of the City Council Moorpark, California Page 9 January 15, 2003 building and development who have applied for the Planning Commission. He suggested retaining prior Commissioners for continuity and introduce new members to the open seats on the Planning Commission as well as the other open seats. Mayor Hunter stated that they are a very qualified pool of applicants and he wished there were more openings available. Councilmember Parvin stated that she concurred with Councilmember Harper's comments, as she too was very impressed with the experience of each applicant. She also stated she is looking forward to working with whomever is selected. Councilmember Millhouse echoed Councilmembers Harper and Parvin and stated that the city is blessed in this community with individuals who are dedicated to public service and the number of applicants is a reflection of that dedication. He explained that based upon the city's rules and regulations, it is within the Mayor's purview to select each of the Commissioners. He went on to state that the Mayor has interviewed all of the applicants and he will defer to the Mayor's selection for the various commissions. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. A. Consider Appointments to the Planning Commission. (Continued from December 4, 2002) Staff Recommendation: Appoint five (5) Planning Commissioners to serve a two -year term ending December 2004. Mayor Hunter stated his intent to nominate Scott Pozza, Kipp Landis, Robert Peskay, David Lauletta, and Mark DiCecco to the Planning Commission. Mayor Hunter stated that the Council rules require considering the candidates individually unless the Council wishes to waive rules and take them collectively. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. Minutes of the City Council Moorpark, California Page 10 January 15, 2003 MOTION: Mayor Hunter moved and Councilmember Millhouse seconded the nomination of Scott Pozza, Kipp Landis, Robert Peskay, David Lauletta, and Mark DiCecco to serve as Planning Commissioners for a two -year term ending December 2004. The motion carried by unanimous voice vote. B. Consider Appointments to the Parks and Recreation Commission. (Continued from December 4, 2002) Staff Recommendation: Appoint five (5) Parks and Recreation Commissioners to serve a two -year term ending December 2004. Mayor Hunter stated that again, there is a strong group of very qualified individuals applying for the Parks and Recreation Commission. He asked if the Council wished to waive rules and consider the nominations collectively. Mayor Hunter stated his intent to nominate Jonathon Quentin DeGuardi, Sandra Thompson, Thomas Pflaumer, Joseph Catrambone, and Julie Weisberger. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. MOTION: Mayor Hunter moved and Councilmember Harper seconded the nomination of Jonathon Quentin DeGuardi, Sandra Thompson, Thomas Pflaumer, Joseph Catrambone, and Julie Weisberger to serve as Parks and Recreation Commissioners for a two -year term ending in December 2004. The motion carried by unanimous voice vote. C. Consider Appointments to the Public Art Advisory Committee. (Continued from December 4, 2002) Staff Recommendation: Appoint two (2) public representatives to serve a two -year term ending December 2004. Councilmember Mikos stated that in this case the candidates for the Public Art Advisory Committee are even more outstanding, considering their level of experience in terms of art, museums, and docents. She went on to state that it is a shame that there are only two positions. Minutes of the City Council Moorpark, California Page 11 January 15, 2003 Mayor Hunter stated that the city would be well serviced if staff utilized the talents of not only this group, but all of the commission candidates, as they are a very talented group of individuals. Mayor Hunter stated his intent to nominate Jay Moore and Cliff Hauenstein to the Public Art Advisory Committee. He asked if the Council wished to waive rules and consider the nominations collectively. CONSENSUS: It was the consensus of the Council to waive the Council policy for putting forth each individual name to be approved for appointment and instead take the appointment names collectively. MOTION: Mayor Hunter moved and Councilmember Parvin seconded the nomination of Jay Moore and Cliff Hauenstein to serve as public member representatives on the Public Art Advisory Committee for a two -year term ending December 2004. The motion carried by unanimous voice vote. D. Consider Appointments to the Air Pollution Control District Advisory Committee. (Continued from December 4, 2002) Staff Recommendation: Appoint one (1) representative to serve a four -year term ending January 2007. The Mayor stated his intent to nominate Ryan Kinsella to serve on the Ventura County Air Pollution Control District Advisory Committee. MOTION: Mayor Hunter moved and Councilmember Mikos seconded the nomination of Ryan Kinsella to serve as the public member representative to the Ventura County Air Pollution Control District Advisory Committee for a four - year term ending January 2007. The motion carried by unanimous voice vote. Mayor Hunter thanked all of the applicants and congratulated those individuals who will serve the residents of Moorpark. E. Consider the Shea Homes Proposal for Revision to Tentative Tract Map No. 5133 and Residential Planned Development No. 1998 -01, the Seventy -nine (79) Home Protect Located on the South Side of Los Anaeles Minutes of the City Council Moorpark, California Page 12 January 15, 2003 Avenue, Approximately 500 -feet East of Moorpark Avenue. Staff Recommendation: Direct staff to work with Shea Homes on the redesign and priority processing of the development applications for the seventy -nine (79) lot project. Mr. Hogan gave the staff report. In response to Councilmember Parvin, Mr. Hogan stated that the previous project approval was for 79 single - family homes on small lots with very short driveways and no parking. He went on to state that in working with the applicant, staff recommended redesigning the project to gain a better product for both the applicant and the city. In response to Councilmember Parvin, Mr. Hogan stated that the Moose Lodge property is currently in escrow, but staff has not been asked to look at relocation. In response to Councilmember Harper, Mr. Hogan stated that the requirements for affordability do not change with the revised project. He stated that staff can look into gaining more affordable units due to the zero lot lines. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. Councilmember Millhouse thanked staff and the Affordable Housing Committee for catching the problem created by the previously proposed short driveways and lack of on- street parking for this project. He went on to state that the revised development will provide a new type of product for the city, which is a first - time homebuyer product for children who have grown up in Moorpark, gone off to college, and are now back needing a place to live. Councilmember Millhouse stated that Councilmember Harper's comments regarding the need for more affordable housing are always good, but care should be taken when the guidelines are prepared to make sure they do not impact the bottom line of this project such that it affects the number of residential units, which are sorely lacking in the community. Minutes of the City Council Moorpark, California Page 13 January 15, 2003 Councilmember Mikos stated that an added benefit to the redesign is that the developer is amenable to working with idea of the trail structure along the Arroyo. She also stated that the applicant has indicated they will work with the Flood Control District to use more biotechnical methods of flood control, which are more natural in appearance. MOTION: Councilmember Mikos moved and Councilmember Millhouse seconded a motion to direct staff to work with Shea Homes on the redesign and priority processing of the development applications for the seventy -nine (79) lot project. The motion carried by unanimous voice vote. F. Consider Adopting a Resolution of Necessity to Acquire Fee Title by Eminent Domain Certain Real Property Owned by Colin and Victoria Velazquez Located at 601 Moorpark Avenue. Staff Recommendation: 1) Make the findings of public necessity as described in the staff report; and 2) Adopt Resolution 2003- (Staff: Hugh Riley) 4 /5th,s ROLL CALL VOTE REQUIRED AT THIS POINT in the meeting, Councilmember Millhouse stated that he would be abstaining from consideration of Item 9.F. on the agenda, due to a potential conflict of interest previously disclosed, pertaining to his acting as legal counsel for a tenant who leased property owned by Colin and Victoria Velazquez, and he left the Council Chambers. The time was 8:20 p.m. Mr. Riley stated that staff is recommending that this item be removed from the agenda to allow further analysis. He stated that the item would have a new notice and be placed on the agenda at a later date. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. CONSENSUS: It was the consensus of the Council to remove this item from the agenda for further analysis. AT THIS POINT in the meeting, Councilmember Millhouse returned to the dais. The time was 8:21 p.m. Minutes of the City Council Moorpark, California Paqe 14 January 15, 2003 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10.C. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes for Special Joint Meeting of the City Council and Moorpark Unified School District of August 27, 2002. a Consider Approval of Minutes for Regular Meeting of November 6, 2002. Consider Approval of Minutes for Regular Meeting of November 20, 2002. Consider Approval of Minutes for Regular Meeting of December 4, 2002. Consider Approval of Minutes for Regular Meeting of December 18, 2002. Staff Recommendation: Approve the minutes. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - January 15, 2003. Manual Warrants 111549 - 111551 & $ 2,747.94 111560 Voided Warrants $ 0.00 Payroll Liability 111436 - 111443 $ 12,200.60 Warrants 111552 - 111559 $ 11,786.78 Regular Warrants 111444 - 111548 & $ 229,926.54 111561 - 111635 & $ 52,994.02 111636 - 111656 $ 478,624.55 Staff Recommendation: Approve the warrant register. Consider Report of Annual Development Agreement Review, Established in Connection with Moorpark Country Club Estates, Located Approximately 2,700 Feet South of Broadway between Grimes Canyon Road and Walnut Canyon Road (Tract 4928), on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Accept Minutes of the City Council Moorpark, California Page 15 January 15, 2003 the Community Development Director's Report and recommendation that, on the basis of substantial evidence, Toll Brothers Inc. has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. E. Consider Resolution Authorizing the City's Re- Designation of the Ventura County Recycling Market Development Zone. Staff Recommendation: Adopt Resolution No. 2003 -2047, authorizing Moorpark's participation in the Ventura County Recycling Market Development Zone upon the Zone's re- designation by the California Integrated Waste Management Board (CIWMB). F. Consider Recordation of Easements for Storm Drain and Utility Purposes for Archstone Communities Project (RPD)- 97 -1) . Staff Recommendation: Approve the acceptance of the Easements and authorize the City Clerk to prepare, sign and record Acceptance Certificates for the Grant Deed of Easements and to record the Easement Grand Deeds and the attachments thereto in the office of the Ventura County Recorder. The following item was pulled for individual consideration: C. Consider Approval of the Regular Meeting Schedule for City Council Standing Committees for Calendar Year 2003. Staff Recommendation: Approve Regular Meeting Schedule for 2003. Mayor Hunter stated that only one meeting a month for the Budget and Finance Committee may be inadequate due to the state budget crisis and the city's needs. He recommended that the committee meet the first and third Wednesday of every month. Mr. Kueny suggested that the schedule may not have to be changed; that instead the Budget and Finance Committee meeting may be adjourned to a subsequent meeting or a special meeting called; and that this would provide more flexibility. Mayor Hunter stated that the schedule could stand; however, it may be necessary to meet twice a month on the first and third Wednesday of each month, at a minimum, for the remainder of the fiscal year. Minutes of the City Council Moorpark, California Page 16 January 15, 2003 MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to approve the Regular Meeting Schedule for City Council Standing Committees for calendar year 2003. The motion carried by unanimous voice vote. 11. ORDINANCES: None. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for two cases under Item 12.B. and Item 12.C. Councilmember Millhouse stated he would not be present for Item 12.C. due to a potential conflict of interest. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of two cases under Item 12.B. and Item 12.C. on the agenda. The motion carried by unanimous voice vote. The time was 8:26 p.m. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 511 -0- 050 -270, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Colin Velazquez Under Negotiation: Price and terms of payment Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager: and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Millhouse left the closed session at 8:40 p.m., prior to discussion of Item 12.C. The Council reconvened into open session at 8:48 p.m. Mr. Kueny stated that two cases under Items 12.B. and Item Minutes of the City Council Moorpark, California Page 17 January 15, 2003 12.C. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meetiD_q at 8:48 p.m. ATTEST: Deborah S. Traffenste t City Clerk rick Hunter, Mayor