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HomeMy WebLinkAboutMIN 2003 0820 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California August 20, 2003 A Regular Meeting of the City Council of the City of Moorpark was held on August 20, 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 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Kenneth Gilbert, Public Works Director, 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; Kenneth Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; Walter Brown, City Engineer; Captain Richard Diaz, Sheriff's Department; Dave Bobardt, Planning Manager; John Brand, Senior Management Analyst; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Deputy Jeffrey Manory, D.A.R.E Officer. Mayor Hunter presented Deputy Jeffrey Manory with a Certificate of Recognition honoring him for service as the D.A.R.E. Officer at Moorpark primary and middle schools. Deputy Manory thanked the Council and stated he would miss the rewarding assignment as the D.A.R.E. Officer. Minutes of the City Council Moorpark, California Page 2 August 20, 2003 B. Recognition of Deputy Amy Ward, Moorpark High School Resource Officer. 61F Mayor Hunter presented Deputy Amy Ward with a Certificate of Recognition honoring her for service as the Moorpark High School Resource Officer. Deputy Ward stated she had enjoyed working with the students and thanked Captain Diaz for his support. C. Recognition of Outgoing Teen Council Members. Mayor Hunter presented Certificates of Recognition to Outgoing Teen Council Members Shauna Marsh, Shannon Pflaumer, Elizabeth Saidkhanian, Andrea Green, Brittany Best, Sannaz Keyhani, Zahabiya Chithiwala, Nick Semnani, and Todd Koszela. D. City Manager's Monthly Report. Mr. Kueny introduced Captain Richard Diaz who gave the monthly report. Captain Diaz provided a history of the twenty -year relationship between the city of Moorpark and the Ventura County Sheriff's Department whose services are contracted to the City. He spoke about the new Police Services Center to be completed in 2004; and the various programs involving the Police Department at local schools and in the community. Captain Diaz described his traditional small town police management style of accessibility and responsiveness. PUBLIC COMMENT: Larry Jones, coach of Decathlon team thanked which made team travel Sacramento, California. photograph of the team Bush. the Moorpark High School Academic the Council for financial support, possible to Washington, D.C. and He presented the Council with a at the White House with President 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Mr. Kueny requested Item 10.E. be pulled from the Consent Calendar for individual consideration. Minutes of the City Council Moorpark, California Page 3 August 20, 2003 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos commented on the great time she had at Neighborhood Night Out. Councilmember Mikos requested a future agenda item to report on the condition of the protected vernal pool located in the Carlsberg /Serenata development and what is causing the pool to be dry. Councilmember Parvin announced the Moorpark High School Academic Decathlon team members will be the Grand Marshals at the September 27th Country Days parade. Councilmember Parvin thanked Sheriff Bob Brooks, Captain Richard Diaz, Senior Deputy Ed Tumbleson, and all of the Moorpark neighborhoods for the great job in creating a successful Neighborhood Night Out, where law enforcement and the community could interact. Councilmember Millhouse thanked Douglas Failing, District 7 Director of Caltrans, for succeeding in opening the east bound shoulder of State Route 118 to improve traffic flow. 8. PUBLIC HEARING: A. Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for Seventeen (17) Affordable Single - Family Housing Units on a 3.15 Acre Site Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road on the Application of William Lyon Homes. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. 2003 -2110, adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -01; 3) Adopt Resolution No. 2003 -2111, approving Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01 subject to Conditions of Approval; and 4) Introduce Ordinance No. 295 for first reading to amend the zoning of the project site, and schedule second reading and adoption for September 3, 2003. Mr. Hogan gave the staff report. Minutes of the City Council Moorpark, California Page 4 August 20, 2003 Questions from the Council focused on whether the project has double -pane windows; whether the developer for the project is working with the Fish and Game Department for a stream alteration permit; whether the Planning Commission had discussed the architecture depicted in the elevations; whether more articulation could be added to the posts at doorway entrances; whether restrictions could be placed on the species of trees selected to avoid trees overpowering the small yards; whether there were any concerns about the slope failing; whether a noise study could be performed in regard to the retaining wall; whether there is sufficient parking; whether Tract 5187 is responsible for maintenance of the slopes to the west and what entity is responsible for the perimeter landscaping; aesthetic and stability concerns with the proposed soil nail retaining wall; and whether separate landscape districts would be better replaced by incorporating the affordable units into the Homeowners' Association (HOA) for the adjacent Tract 5187. Mr. Hogan stated the entire project will have double - pane windows; due to the early start on grading, the applicant has already met with California Fish and Game regarding a stream alteration permit; Planning Commissioner DiCecco indicates the applicant has done a better than adequate job in dealing with the small lots and only suggests re- plotting some of the homes to provide more usable side yard space; the applicant can work on improving the articulation of the entry posts; staff is confident the slopes will not slide and soil nailing has been determined by the City Engineer to be a better alternative than installing a standard retaining wall; an echo effect was not considered and an addendum to the noise report could be performed; it is anticipated 2 cars can be parked in each garage, 2 cars can park in each driveway, and not quite 1 car per home can park in the street; Tract 5187 will be responsible for care of the landscaped slopes to the west and the soil nail retaining wall, while a Landscape Maintenance District will be established for maintenance on Walnut Canyon Road; the view of the soil nail wall will be softened by landscaping; and the Tract 5187 HOA bears responsibility if the soil nail wall were to fail. Minutes of the City Council Moorpark, California Page 5 Mr. Kueny stated maintenance of affordable units will be City the second trust deeds with written into the affordable hou: August 20, 2003 the front yards of the controlled because of maintenance provisions >ing documents. Mayor Hunter opened the public hearing. Desmond Bunting, representing William Lyon Homes, Inc., 23975 Park Sorrento, No. 220, Calabasas, stated his concurrence with the project conditions and his notation of Council's concerns; all environmental permits are in place for the adjacent Tract and this development; they are willing to work with staff to enhance articulation of the front entrances; and they would support adding this development to the existing Landscape District if that is the preference. Questions from the Council focused on whether the wall is depicted accurately in the photo; whether the applicant would agree to allow staff to have latitude in regard to the landscape issue on whether to combine with the adjacent HOA or be maintained separately; and whether the applicant would be agreeable to a noise study addendum. Mr. Hogan stated the actual retaining wall is only 25- feet high while the photo sample depicts a 40 -foot wall. Mr. Kueny stated staff's direction would be to apply the least expensive landscape maintenance district option; and the conditions could be modified to require a noise study. In response to Mayor Hunter, Mr. Bunting stated he was agreeable to the requirement for a noise study. Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2003 -2110, adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -01. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 6 August 20, 2003 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adopt Resolution No. 2003 -2111 approving Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, subject to Conditions of Approval, as modified to include an additional noise study requirement; landscape maintenance district issue to be at the discretion of the Community Development Director; and staff to work with the applicant to enhance the architectural articulation at the front entrances. The motion carried by unanimous voice vote. Mr. Montes read the title of Ordinance No. 295. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to waive further reading of Ordinance No. 295; declare Ordinance No. 295 introduced for first reading; and schedule second reading and adoption for September 3, 2003. The motion carried by unanimous voice vote. B. Consider Zoning Ordinance Amendment No. 2003 -01, Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales, and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Introduce Ordinance No. 296 for first reading to approve Zoning Ordinance Amendment No. 2003 -01, and schedule second reading and adoption for September 17, 2003. Mr. Hogan gave the staff report. A discussion followed between the Council and staff regarding the need for clarification of the number of residences allowed to participate in a garage sale without obtaining a permit. Questions residents from the Council focused on the type of form would be required to complete in applying sale permit; how Code Enforcement would of this ordinance; why signage cannot be overnight; whether square footage of a be considered in calculating the a home used for a home business; and number of students permitted from six to for a garage handle abuse left in place home should percentage of changing the ten per day for lessons in a home. Minutes of the City Council Moorpark, California Paqe 7 Auqust 20, 2003 Mr. Hogan stated a form will be created specifically for garage sales or the applicant could just submit a letter; those who abuse the permit process would receive two warnings prior to a citation or court action; the signage requirements are part of current code; and an exemption could be added to the ordinance to determine, based upon square footage, the percentage of a home to be used for a business. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. CONSENSUS: It was the consensus of the Council to require a permit when more than three homes have a combined garage sale; to limit the amount of space used for a home business to no more than ten percent of the gross floor space or 150 square feet, whichever is greater; to allow up to ten students per day for lessons in a home; and to leave the issue of signage as is for garage sales. Mr. Montes read the title of Ordinance No. 296. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to waive further reading; declare Ordinance No. 296 introduced for first reading, as amended; and schedule second reading and adoption for September 17, 2003. The motion carried by unanimous voice vote. C. Consider Amendments to Chapters 17.20 (Uses by Zone), 17.28 (Standards for Specific Uses), 17.44 (Entitlement - Process and Procedures), 17.60 (Amendments to the General Plan, Specific Plans, Zoning Map and Zoning Code) and 17.68 (Public Notice). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. for first reading approving Zoning Ordinance Amendment No. 2002 -05, and schedule second reading and adoption for September 3, 2003. Minutes of the City Council Moorpark, California Page 8 August 20, 2003 Mayor Hunter stated staff has received a letter from a landowner, Southern California Edison Company, who requests this item be postponed. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to continue this item with public hearing open to September 3, 2003. The motion carried by unanimous voice vote. D. Reconsideration of Condition of Approval for Commercial Planned Development Permit No. 2002 -01 (GreeneWay) Related to Left -Turns at the Spring Road Driveway, on the Initiation of City Council. Staff Recommendation: Affirm the Conditions of Approval that were adopted on June 4, 2003, utilizing Design Option 3. Should the City Council wish to amend Special Condition of Approval No. 11 related to the left turn movements, direction could be given to the Community Development Director to process a Permit Adjustment. Mr. Bobardt gave the staff report and presented late correspondence from John Newton, representing the applicant, GreeneWay Development, who is unable to attend the meeting, but wanted to express support for left turn capability from Spring Road. Mr. Gilbert presented the design options. A discussion followed between the Council and staff regarding the plan approved on June 4th; u -turns at Roberts Avenue; the incompatibility of allowing left - turn egress with the level of existing traffic; altering the center median and extending the two left turn lanes to allow for more stacking; the poor design of the initial center; existing businesses are aware of original conditions, which did not allow for left turns onto Spring Road; the potential diminished survival rate of the businesses if left turns are eliminated; allowing left -turn ingress only; and the possibility of providing left turns with restricted hours. Minutes of the City Council Moorpark, California Page 9 August 20, 2003 MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to affirm the Conditions of Approval adopted on June 4, 2003, utilizing Design Option 3. A discussion followed between the Council and staff regarding whether stenciling the pavement in the turning area to "Keep Clear" would be beneficial; determining the peak traffic hours and limiting left turns during those times; the dangers of left -turn egress across a double left -turn lane; and whether signage would increase enforcement issues. The motion failed by voice vote of 2 -3, with Councilmembers Millhouse, Parvin and Mayor Hunter in opposition. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve Option 5 with pavement stenciling in the turning area to "Keep Clear" and extension of the stacking lanes for south bound traffic. Mayor Hunter clarified that this was a public hearing. Councilmember Millhouse withdrew his motion and Councilmember Parvin withdrew her second. Mayor Hunter opened the public hearing. Ms. Traffenstedt restated there were no speakers. Mayor Hunter closed the public hearing. Councilmembers Harper and Mikos repeated their concerns that this intersection is dangerous and based upon the evidence received, it would be extremely unsafe to allow left turns. Mr. Gilbert made the Council aware the design for widening Spring Road is almost complete and to lengthen the turn lanes would necessitate widening more of the roadway, taking more right -of -way from the apartments. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to approve Option 5 with pavement stenciling in the turning area to "Keep Clear" and extension of the stacking lanes for south bound traffic. Minutes of the City Council Moorpark, California Page 10 August 20, 2003 The motion failed by voice vote 2 -3, with Councilmembers Harper, Mikos and Mayor Hunter in opposition. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to approve Option 5 allowing left -turn ingress /egress with pavement stenciling to keep the intersection clear; leaving left turn lanes as depicted on stamped page 199 of the agenda report; posting of restrictions for left turn egress during the hours of 7:00- 8:00 a.m. and 5:00 -6:00 p.m.; and obtaining a signed agreement from the three current property owners acknowledging that left -turn options may be eliminated at some future date by the City. The motion carried by voice vote 3 -2, with Councilmembers Harper and Mikos dissenting. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments. Staff Recommendation: Make a minimum of seven and a maximum of eleven appointments to the Teen Council for a one - year term to end on June 30, 2004. Ms. Traffenstedt gave the staff report. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to waive rules to allow all eleven nominations in one vote. The motion carried by unanimous voice vote. Councilmember Parvin stated she was very impressed with all of the applicants. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Mikos seconded a motion to appoint Aryan Azia, Hilary Pemberton, Zahabiya Chithiwala, Sannaz Keyhani, Jon Lamberson, Brittany Best, Taylor Fernandez, Shauna Marsh, Sergio Pacheco, Nick Semnani, and Elizabeth Saidkhanian to serve on the Teen Council for a one -year term to end on June 30, 2004. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 August 20, 2003 B. Consider Appointment of Two City Representatives to the Ventura County Area Housing Authority (AHA). Staff Recommendation: Appoint two City representatives to the Ventura County AHA for a four - year term ending August 31, 2007. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to waive rules to allow the two nominations in one vote. The motion carried by unanimous voice vote. MOTION: Mayor Hunter moved and Councilmember Harper seconded a motion to reappoint Jay Flashner and Herbert Morrison to serve as City representatives to the Ventura County Area Housing Authority for a four -year term ending August 31, 2007. The motion carried by unanimous voice vote. C. Consider Cost Reduction Alternative for the Corporation Yard Project. Staff Recommendation: Approve the preliminary design for Construction Option `A' (masonry construction with covered parking), with the deletion of Change Item B (portion of wrought iron fencing) and the inclusion of Change Item A (cover for perimeter parking /storage areas) as a Bid Add Alternate. Mr. Gilbert gave the staff report. A discussion between the focused on eliminating the possibility of including protect vehicles. Councilmembers and staff chain link fencing, and the covered parking to better In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Millhouse seconded a motion to approve the preliminary design for Construction Option A for masonry construction with covered parking; the deletion of Change Item B Minutes of the City Council Moorpark, California Page 12 August 20, 2003 resulting in the elimination of any chain link fencing; and the inclusion of Change Item A for covered perimeter parking /storage areas as a Bid Add Alternative with direction to retain covered parking. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Harper seconded a motion to approve the Consent Calendar with the exception of Item 10.E., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of May 1, 2002. Consider Approval of Minutes of Regular Meeting of August 21, 2002. Consider Approval of Minutes of Regular Meeting of Ma 7, 2003. Consider Approval of Minutes of Regular Meeting of June 18. 2003. Consider Approval of Minutes of Regular Meeting of July 2, 2003. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - August 20, 2003. Manual Warrants Voided Warrant 113264 & 113266 - 113270 & 113401 - 113403 & 113406 & 113583 - 113586 113043 $ 843,694.67 $ (95.00) Regular Warrants 113271 - 113379 & $1,299,066.26 113407 - 113498 & $ 481,305.54 113682 - 113701 $ 205,270.65 Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Paqe 13 Auaust 20, 2003 C. Consider Approval of Warrant Register for Fiscal Year 2003 -2004 - Auaust 20, 2003. Manual Warrants 113259 - 113263 & $ 211,795.13 113265 & 113404 - 113405 & 113582 Voided Warrant 113192 & 113063 & $ (1,923.42) 113383 & 113438 Payroll Liability 113396 - 113400 & $ 2,600.16 Warrants 113577 - 113581 & $ 2,595.84 113590 - 113594 $ 2,570.53 Regular Warrants 113380 - 113395 & $ 18,800.22 113499 - 113576 & $ 166,416.23 113595 - 113681 $1,677,221.01 Staff Recommendation: Approve the warrant register. D. Consider Resolution Approving Conditional Use Permit (CUP) No. 2003 -04, a Request to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the Application of Moorpark Country Club (Toll Brothers, Inc.). (Continued from July 2, 2003) Staff Recommendation: Adopt Resolution No. 2003 -2112. F. Consider Rescinding Agreement Between the City of Moorpark and MSE Environmental, Inc. for Regular Monthly Household Hazardous Waste Event Participation. Staff Recommendation: Rescind the Agreement approved on January 16, 2002. G. Consider Waiver of Police Facility and Landscape Fees for the Ventura County Fire Protection District Station 42 Project. Staff Recommendation: Authorize the fee waiver and refund the Police Facility Fee and Landscape Fee in the total amount of $4,330.75 to the Ventura County Fire Protection District. H. Consider Right -of -Way Acquisition on Grimes Canyon Road and on Spring Road North of New Los Angeles Avenue. Staff Recommendation: 1) Authorize the City Manager to execute documents related to the Minutes of the City Council Moorpark, California Paqe 14 Auqust 20, 2003 acquisition of certain street rights -of -way and related property rights required for the construction of the projects described in the agenda report; and 2) Authorize the City Clerk to accept and record any such documents. I. Consider Adoption of a Resolution Authorizing the Submittal of a Ventura County Area Agency on Aging Grant Application for Older Americans Act Title III -D Funds for Disease Prevention and Health Promotion Services at Senior Centers and Authorizing City Manager to Sign All Related Agreements. Staff Recommendation: Adopt Resolution No. 2003 -2113. J. Consider Resolution Authorizing the City's Fiscal Year 2003/2004 Transportation Development Act (TDA) Claim. Staff Recommendation: 1) Adopt Resolution No. 2003- 2114, authorizing the FY 2003/2004 TDA claim for the City of Moorpark; and 2) Authorize the City Manager to sign the claim for submittal to the Ventura County Transportation Commission. K. Consider Addendum to the Ventura Intercity Service Transit Authority (VISTA) -East Cooperative Agreement, and Cost Allocations. Staff Recommendation: 1) Approve the Addendum funding VISTA -East for Fiscal Year 2003/2004, subject to final language approval by the City Manager; and 2) Authorize the Mayor to sign the Agreement. L. Consider Rejection of Claim: SBC. Staff Recommendation: Reject the claim and direct staff to send a standard rejection letter to the claimant. M. Consider Thousand Oaks Cab Company Request for Dial -A- Ride Rate Increase. Staff Recommendation: 1) Approve the new Thousand Oaks Cab Company rate of $2.10 per flag drop and $2.10 per mile effective September 1, 2003; and 2) Authorize the City Manager to finalize and execute an addendum to the City's Agreement. N. Consider Transfer of Ownership of Coach USA (CUSA). Staff Recommendation: Approve the transfer of the Agreement for Maintenance and Operation of Moorpark City Transit to CUSA, LLC. Minutes of the City Council Moorpark. California Paqe 15 Auqust 20, 2003 0. Consider Authorizing the Community Development Director to Extend the Time on a Temporary Use Permit for a Temporary Equipment Storage Yard Located on the South Side of Los Angeles Avenue Between Maureen Lane and Leta Yancy Road on the Property Known as the Pacific Communities Site (Val Verde Construction, Applicant). Staff Recommendation: Authorize the Community Development Director to extend the life of the Temporary Use Permit for Val Verde Construction for the construction yard for a total of ten months or to the end of the water line construction project in the City, whichever occurs later. P. Consider Final Map Approval for Tract Map No. 4928 -3 (Toll Brothers). Staff Recommendation: Authorize the Mayor and City Clerk to sign and the City Clerk to cause Tract Map 4928 -3 to be recorded in the office of the Ventura County Recorder. The following item was pulled for individual consideration. E. Consider Flinn Avenue Driveway. Staff Recommendation: 1) Approve the conceptual plan for converting Old Flinn into an alley (driveway) and authorize staff to design and construct the improvements required to implement this plan; and 2) Direct staff to provide a response to Mr. Scribner, respectfully declining his offer to acquire the property in question. Mr. Kueny reported staff would like to consider another alternative with input from the Transportation and Streets Committee and return with this item at a future date. CONSENSUS: It was the consensus of the Council to refer this item to the Transportation and Streets Committee for consideration of alternatives and to return with a report to Council. 11. ORDINANCES: None. Minutes of the City Council Moorpark, California Paqe 16 Auqust 20, 2003 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for Items 12.B. (one case), 12.C., 12.D., and 12.F. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion of Items 12.B. (two cases), 12.C., 12.D., and 12.F. on the agenda. The motion carried by unanimous voice vote. The time was 9:55 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- 090 -340, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and the Margaret Irene Gisler Cullen Trust Under Negotiation: Price and terms of payment D. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 F. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Accountant I, Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, Budget and Finance Manager, Community Development Director, Community Services Director, Information Systems Manager, Planning Manager, Principal Planner, Public Works Director, Recreation Manager, and Senior Management Analyst. AT THIS POINT in the meeting, the Council recessed. The Council reconvened into open session at 10:05 p.m., and Mr. Montes announced that the City Council would also be discussing in closed session one case under Item 12.A., and Minutes of the City Council Moorpark, California Page 17 August 20, 2003 that the facts and circumstances creating significant exposure to litigation consist of two written communications threatening litigation received from the Ventura County Grand Jury. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to add one case under Item 12.A. to the items to be discussed in closed session. The motion carried by unanimous voice vote. The time was 10:05 p.m. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) Present in closed session were all Councilmembers, Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 10:58 p.m. Mr. Kueny stated Items 12.A. (one case), 12.B. (two cases), and 12.D. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned t ATTEST: �JD01�5, ) Deborah S. Traffens Wdt City Clerk