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HomeMy WebLinkAboutMIN 1997 0618 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California June 18, 1997 A Regular Meeting of the City Council of the City of Moorpark was held on June 18, 1997 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 :10 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Teasley. 3. ROLL CALL: Present: Councilmembers Evans, Perez, Rodgers Teasley, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Gilbert, Director of Public Works; Captain Mike Lewis, Police Department; Mary Lindley, Director of Community Services; Dirk Lovett, Assistant City Engineer; Nelson Miller, Director of Community Development; Don Reynolds, Administrative Services Manager; Martin Cole, Management Analyst; Ken Rozell, Assistant City Attorney; Lillian Hare, City Clerk; and Dorothy Vandaveer, Deputy City Clerk 4. PROCLAMATIONS AND COMMENDATIONS: A. Recognition of Eagle Scout, Jay Dobrowalski. Mayor Hunter recognized Jay Dobrowalski for his achievement of Eagle Scout. B. Recognition of Resources for Youth Month. Mayor Hunter read the proclamation in support of Youth Month and indicated it would be mailed. C. City Manager's Monthly Report. Mr. Kueny gave an update on the Library Services agreement situation and Community Development projects in the community. He requested, and Mr. Hare gave, an update on Redevelopment projects. AT THIS POINT IN THE MEETING a recess was declared to convene the Redevelopment Agency. The time was 7 :26 p.m. The Council reconvened at 7 :28 p.m. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 000331 Minutes of the City Council Moorpark, California Page 2 June 18, 1997 Councilmember Wozniak requested that item 9.J. be continued to July 2. Mayor Hunter requested that item 9.G. be heard prior to the first public hearing. 6. PUBLIC COMMENT: Tony Simen, 726 Nogales, addressed the Council in opposition to allowing the initiation of the General Plan Amendment for the Shenkel and Tanner property. Eloise Brown, 13193 Annette Street, addressed the Council in opposition to the Council's adopting a business license tax. Councilmember Wozniak left the dais. Gerald Goldstein, 11932 Los Angeles Avenue, addressed the Council regarding various complaints. Councilmember Wozniak returned to the dais. 9. PRESENTATIONS /ACTION /DISCUSSION: G. Consider Calling an Election on November 4, 1997 to Replace Revenues Which Will be Lost with the Implementation of Proposition 218. Staff Recommendation: Adopt Resolution No. 97- Calling and giving notice of a special election, and Resolutions 97- , 97- , and 97- approving associated actions necessary to hold and election. (CONTINUED FROM 6/11/97) Mr. Hare gave the staff report. He requested direction from the Council regarding the form, the rates and the type of tax to be voted upon. Jere Robings, Ventura County Alliance of Taxpayers, addressed the Council and stated that it was not the intent of the drafters of Proposition 218 to include street lights. He said Proposition 218 gives the general public the right to vote on local taxes. He indicated that the Howard Jarvis Group would be filing suit against certain cities. Warren Tetz, 3935 Willow Creek Lane, requested that the Council not impose a business license tax. Councilmember Wozniak suggested that the Council call a Special election regarding parks maintenance only. In response to Council question, Mr. Kueny said that the City should wait until receiving the enacting legislation 000332 Minutes of the City Council Moorpark, California Page 3 June 18, 1997 to place the question of lighting on the ballot for a vote. He suggested focusing on parks maintenance and deferring the decision on lighting until June 1998. Mr. Kueny said staff needs direction as to the duration of the tax, the amount, and whether an amount should be calculated to provide for growth, overhead and the operation of the Arroyo Vista Recreation Center. CONSENSUS: By consensus the Council determined to request staff to provide information on an amount to calculate for growth, overhead, and the operation of the Arroyo Vista Recreation Center operation. Councilmember Teasley noted that within the next five years there would be new parks coming on -line - Carlsberg, Villa Campesina, an extension of the Arroyo Vista Recreation Center and possibly parks in the Specific Plan areas. Councilmember Teasley said she would oppose a business license and a utility user's tax. Mr. Hare indicated that staff would provide a five year projection of general fund revenue and the cost of the assessment district (Parks Maintenance) over the last ten years. Councilmember Evans stated that the city should begin working with the community to develop a fair amount for a business license tax. He suggested that the Economic Development Committee would be the appropriated committee to work on it. CONSENSUS: By consensus the Council determined to direct staff to move forward to provide the information for a special tax for parks maintenance to be placed on the November ballot. 8. PUBLIC HEARINGS: A. Consider Zoning Ordinance Amendment No. 97 -02 to Establish Permit Processes from Businesses Selling Alcoholic Beverages. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) ; 3) Adopt the ordinance amending the Zoning Code (Zoning Ordinance 97 -02) establishing permit processes for businesses selling alcoholic beverages in the City. NEW STAFF RECOMMENDATION: Direct staff as deemed appropriate. (CONTINUED FROM 6/4/97; PUBLIC HEARING REMAINS OPEN) Mr. Miller gave the staff report. 000333 Minutes of the City Council Moorpark, California Page 4 June 18, 1997 Misong Yi, 223 Los Angeles Avenue, addressed the Council requesting that her alcoholic beverage control permit application be approved for her Chinese Restaurant. After Council discussion, additional research was requested of staff for later in the meeting. Mayor Hunter closed the public hearing. CONSENSUS: By consensus the Council determined to table this item until later in the evening. AT THIS POINT IN THE MEETING Mr. Kueny left. The time was 8:55 p.m. B. Consider Resolution No. 97 -1330 to Vacate Pedestrian Easements on Lots 64 and 65 of Tract 4342 -3 at the East End of Sagewood Drive (American Stores) (Vacation No. V- 97 -1) . Staff Recommendation: 1) Consider the testimony and evidence submitted at the public hearing; 2) Make those necessary findings for fact prerequisite to vacating public easements; 3) Adopt Resolution No. 97 -1330 ordering the vacation of pedestrian easements at the east end of Sagewood Drive and directing the City Clerk to record this resolution and provide notice as required by law. Mr. Lovett gave the staff report. Mayor Hunter opened the public hearing. Bob Newman, 11698 Sagewood Drive, addressed the Council in support of the vacation. Mayor Hunter closed the public hearing. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to make the necessary findings for fact prerequisite to vacating the public easement; and adopt Resolution 97 -1330. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING a recess was declared. The time was 9:00 p.m. The Council reconvened at 9:15 p.m. Mr. Kueny rejoined the meeting. CONSENSUS: By consensus the Council determined to call items 8.C., 8.D. and 9.F. concurrently. C. Consider Making Certain Changes to the Lighting and Landscaping Assessment District (Assessment District 84 -2) and Confirming the Assessments for Fiscal Year 1997/98. Staff Recommendation: 1) Open the public hearing, receive testimony and close the public hearing; 2) Continue all other matters to the date of the Budget Workshops. (CONTINUED FROM 6/11/97; PUBLIC HEARING IS CLOSED) 000334 Minutes of the City Council Moorpark, California Page 5 June 18, 1997 D. Consider Makinq Certain Chanqes to the Parks Maintenance Assessment District (Assessment District 85 -1) and Confirming the Assessments for Fiscal Year 1997/98. Staff Recommendation: 1) Open the public hearing, receive testimony and close the public hearing; 2) Continue these matters to the date of the Budget Workshops. (CONTINUED FROM 6/11/97; PUBLIC HEARING IS CLOSED) F. Consider 97 -1331. Resolution dget. Staf (ROLL CALL No. 97 -1331 Recommendation: VOTE REQUIRED) opting Fiscal Year Adopt Resolution No. Mr. Gilbert gave the staff report for items 8.C. and 8.D. Mr. Cole gave the staff report for item 9.F. Mr. Gilbert requested that the Council amend the proposed resolution for Assessment District 84 -2 to add a recital referencing the discussions by the Council on June 11 and 18. He also requested a similar amendment for the resolution relative Assessment District 85 -1. He indicated that the amount of the single family assessment for Assessment District 85 -1 should be set at $40.16. In response to Mayor the City Clerk confirmed there were no speakers for item 9.F. Mayor Hunter requested that the proposed budget be amended to include the purchase of a fax machine for the annex for $750.00. CONSENSUS: By consensus the Council determined to add to the proposed budget the purchase of a fax machine and phone line to be appropriated half from the Gas Tax Fund and half from the General Fund. ADOPTION OF THE BUDGET MOTION: Councilmember Perez moved and Councilmember Teasley seconded a motion to adopt Resolution 97 -1331 adopting the annual budget for the fiscal year 1997/98. The motion carried by unanimous roll call vote. ACTION ON ASSESSMENT DISTRICT 84 -2 MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution 97 -1332 as amended by staff above, and making certain changes to the Moorpark Lighting and Landscaping Maintenance District AD 84 -2 and confirming the assessment for said district for the fiscal year commencing July 1, 1997 and ending June 30, 1998. The motion carried by 000335 Minutes of the City Council Moorpark, California Page 6 June 18, 1997 unanimous roll call vote. ACTION ON ASSESSMENT DISTRICT 85 -1 MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adopt Resolution 97 -1333 as amended by staff this evening and making certain changes to the Moorpark Parks Maintenance Assessment District AD 85 -1 and confirming the assessment for said district for the fiscal year commencing July 1, 1997 and ending June 30, 1998; with a $100,000 transfer from the General Fund surplus in 1996/97 and a $79,000 carry over from the prior year (1995/96) and previously earmarked by the Council for this purpose. The motion carried by unanimous roll call vote. 9. PRESENTATIONS /ACTION /DISCUSSION: Mr. Kueny left the meeting. The time was 9:31 p.m. A. Consider Approval of Minor Modification No. 5 to Major Modification No. 1 of CPD 90 -2 on the Application of Nadel Architects Approving the Artwork and Reimbursement of Art in Public Places Fee to American Stores Properties in the Amount of $11,323.80 Upon Completion of the Artwork on Property Located Southwest of the Corner of Tierra Rejada Road and Mountain Trail Street. Staff Recommendation: Approve Resolution No. 97 -1334 approving the artwork and reimbursement to American Stores Properties of the deposit submitted by the property owner the submitted Art in Public Places fee in the amount of $11,323.80 upon completion of the artwork. Mr. Kueny left the meeting. Mr. Miller gave the staff report. Michael Watling, 69 -030 Pinesmoke Road, Mt. Ctr., addressed the Council as the artist. He indicated he was present to answer any questions. He said he would be using approximately 88 tons of stone for the artwork. In response to Councilmember Evans, Mr. Watling indicated he would be bringing in only one new tree which would be a Crepe Myrtle. Mayor Hunter said that there was a lack of seating at the corner of this neighborhood center. Councilmember Wozniak said he would like to consider a water treatment with rocks similar to that constructed at the Mission Bell Plaza. 000336 Minutes of the City Council Moorpark, California Page 7 June 18, 1997 Councilmember Evans indicated that he pictured more of a High Street atmosphere at the corner of the shopping center than would be reflected with this artwork. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adopt Resolution 97 -1334. The motion carried by voice vote 4 -1, Councilmember Evans dissenting. B. Consider Action Regarding Elm Trees on Cornett Avenue and McFadden Avenue. Staff Recommendation: 1) Direct staff to secure the services on an arborist to perform a detailed hazard evaluation on each of the remaining eleven elm trees on Cornett Avenue and McFadden Avenue (using a standardized hazard rating scale) and develop a long -term evaluation, monitoring, and maintenance program (including cost estimates); 2) Authorize the City Manager to enter into a contract with an arborist for the aforementioned scope of work at a cost not to exceed $700; and 3) Direct staff to report back to the Council with the arborist's findings and a recommendation for consideration and approval. Mr. Kueny rejoined the meeting. Ms. Lindley gave the staff report. Roy Talley, 4291 Ambermeadow Street, indicated that he supported the staff recommendation. Ron Dow, 422 McFadden Avenue, said he supported the staff recommendation. Richard Averill, 425 Cornett Avenue, said he supported the staff recommendation. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to approve the staff recommendation to secure the services of an arborist to perform a detailed hazard evaluation on each of the remaining eleven elm trees on Cornett Avenue and McFadden Avenue and develop a long term evaluation monitoring and maintenance program including cost estimates; and to authorize the City Manager to enter into a contract with an arborist for the aforementioned scope of work at a cost not to exceed $700.00 and to direct staff to report back to the Council with the arborist's findings and a recommendation for consideration and approval. The motion carried by unanimous voice vote. 000337 Minutes of the City Council Moorpark, California Page 8 June 18, 1997 C. Consider Approval of a Use Agreement with the Moorpark American Youth Soccer Association (AYSO). Staff Recommendation: 1) Approve the proposed Agreement with American Youth Soccer Organization for use of designed area of Arroyo Vista Community Park and snack bar for authorized soccer practices and games and incorporating the provisions outlined in the staff report, subject to final language approval by the City Manager; and 2) Authorize the City Manager to sign the Agreement on behalf of the City. Ms. Lindley gave the staff report. Bruce Levy, 12457 Mountain Trail, addressed the Council and indicated he was present to answer questions. He said that the City and AYSO are in a partnership to provide a quality program. He said presently there are 1,100 kids in the program and of the 1,100, 160 are on the scholarship program. MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to approve the staff recommendation to approve the proposed agreement with American Youth Soccer Organization for use of the designated area of Arroyo Vista Community Park and snack bar for authorized soccer practices and games and incorporating the provisions outlined in the staff report, subject to final language approval by the City Manager and authorize the City Manager to sign the agreement on behalf of the City. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING the Council returned to consideration of item 8.A. A. Consider Zoning Ordinance Amendment No. 97 -02 to Establish Permit Processes from Businesses Selling Alcoholic Beverages. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Determine that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061(b)(3); 3) Adopt the ordinance amending the Zoning Code (Zoning Ordinance 97 -02) establishing permit processes for businesses selling alcoholic beverages in the City. NEW STAFF RECOMMENDATION: Direct staff as deemed appropriate. (CONTINUED FROM 6/4/97; PUBLIC HEARING REMAINS OPEN) Mr. Miller said after consulting with the City Attorney staff was suggesting that this item be continued to July 2. 000338 Minutes of the City Council Moorpark, California Page 9 June 18, 1997 MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to continue this item to July 2. The motion carried by unanimous voice vote. AT THIS POINT IN THE MEETING the Council reordered the agenda. CONSENSUS: By consensus the Council determined to take item 9.D. continue 9.E. and then take item 9.I. D. Consider Animal Regulation Service Options. Staff Recommendation: That the City Council not act at this item to change Animal Regulation service providers, but authorize the execution of the contract amendment provided in Attachment "B" of the staff report and allow staff to continue to communicate with the County of Los Angeles, and prepare, if necessary, for a change in 1998/99. Mr. Reynolds gave the staff report. Al Schwartz, 4313 Wildwest Circle, addressed the Council in support of staying with the Ventura County Animal Regulation. He indicated it would mean better treatment for the animals in the County. Gerald Goldstein, 11932 Los Angeles Avenue, spoke regarding animal regulation, he indicated that the animal regulation staff had not been responsive to his calls. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to not act at this time to change animal regulation service providers but authorize the execution of the contract amendment provided as an attachment to the staff report dated June 12, 1997 and authorize staff to continue to communicate with the County of Los Angeles and prepare, if necessary, for a change in 1998/99. The motion carried by unanimous voice vote. E. Consider Approval of the Preferred Alternative Design Concept for the Construction of Certain Drainage Improvements Required for the Gabbert Canyon And Walnut Canyon Watersheds, and Authorization for the City Manager to Proceed, if Necessary, with Efforts to Develop a Financing Program for Said Project. Staff Recommendation: 1) Approval of the selection of design Alternate B for the construction of certain drainage facility improvements for the Gabbert Canyon and Walnut Canyon Watersheds; 2) Authorization for the City Manager to approve certain City efforts to work with the VCFCD on the development of the financing mechanism for the proposed project, provided that all "out -of- pocket" City costs are funded by the VCFCD. 000339 Minutes of the City Council Moorpark, California Page 10 June 18, 1997 CONSENSUS: By consensus the Council determined to continue this item to July 2, 1997. I. Consider Ventura Countv District Attorney's Suqqestion of an Ordinance Addressing "Going Out of Business" Sales. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Evans indicated he had placed this item on the agenda for Council consideration. Michael Schwartz, 800 S. Victoria Avenue, Ventura County, addressed the Council as Assistant District Attorney. He spoke in support of an ordinance to regulate "going out of business sales ". He indicated that the public is often taken advantage of by merchants bringing in new merchandise to prolong inappropriate liquidation sales. He suggested using as a model the Los Angeles City ordinance. Councilmember Evans suggested referring this item to the Economic Development Committee. CONSENSUS: By consensus the Council determined to refer this matter to the Council's Economic Development Committee and directed staff to provide more information to the Council on "going out of business" ordinances adopted by other cities. H. Consider Letter Regarding Removal of "Open House" Real Estate Signs Within the City's Public Right -of -Way. Staff Recommendation: Direct staff as deemed appropriate. Councilmember Teasley said she requested this item be placed on the agenda. Eloise Brown, 13193 Annette Street, addressed the Council and suggested that small stamps be affixed to real estate signs to help facilitate regulation. In response to Council question, Mr. Gilbert indicated that issuing permits for signs is an administrative burden. After Council discussion, the following motion was heard: MOTION: Mayor Hunter moved and Councilmember Perez seconded a motion to direct the Planning Commission to hold a public hearing and study the sign ordinance including open house real estate signs and make a recommendation to the City Council. The motion carried by unanimous voice vote. 000340 Minutes of the City Council Moorpark, California Page 11 June 18, 1997 J. Consider Allowinv Initiation of General Plan Amendment to Amend the Land Use Element of the General Plan on 4.78 Acres, Located at 13991 Los Angeles Avenue (APN 513- 01 -22) from RH (Rural High 1 DU /5 Acres Minimum) to I -2 (Medium Industrial) and Zone Change from RE -1 Acre (Rural Exclusive 1 Acre Minimum) to M -2 (Limited Industrial (Madelaine Shenkel and Bill Tanner). CONSENSUS: By consensus the Council determined to continue this item to July 2, 1997. 10. CONSENT CALENDAR: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull item 10.C. and approve the balance of the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of the Special Meeting of the City Council of May 28, 1997. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. Manual Warrants 33830 - 33835 $ 5,316.71 Voided Warrant 33677 $ (586.50) Regular Warrants 33837 - 33871 33872 - 33947 $473,598.40 Staff Recommendation: Approve the Warrant Register. D. Consider the Reauest for the Exoneration of the Bond for Grading and Street Improvements in Conjunction with the Burger King Restaurant Development. Staff Recommendation: 1) Accept the improvements as complete; 2) Authorize the City Clerk to reduce the bonds to the recommended reduced amount as set forth in the staff report. E. Consider Approval of a Certificate of Acceptance for an Easement for a Sidewalk East of Gabbert Road, IPD 96 -3 (West America Corp.). Staff Recommendation: Approve the Certificate of Acceptance for a public sidewalk and maintenance easement on the east side of Gabbert Road, from West America Construction Corporation, and direct the City Clerk to send said easements and certificates to the County Recorder for recordation. 000341 Minutes of the City Council Moorpark, California Page 12 June 18, 1997 F. Consider Notice of Completion of the Arroyo Vista Community Park Access Road. Staff Recommendation: That the City Council take the following actions: 1) Accept the work as complete; 2) Instruct the City Clerk to file a Notice of Completion for the project; and, 3) Authorize the release of the retention upon satisfactory clearance of the thirty - five day lien period. G. Consider the Cities of La Quinta and Rolling Hills Membership Applications to California Joint Powers Insurance Authority (CJPIA). Staff Recommendation: Receive and file the report. H. Consider Resolution No. 97 -1335 Establishing Certain Parking Restrictions on the West Side of Moorpark Avenue South of Los Angeles Avenue. Staff Recommendation: Adopt Resolution No. 97 -1335 establishing certain parking restrictions on the west side of Moorpark Avenue south of Los Angeles Avenue. I. Consider Resolution No. 97 -1336 Amendinq Resolution No. 93- 926 Pertaining to Parking Restrictions on Los Angeles Avenue East of the Intersection of Spring Road and High Street (Chuy's). Staff Recommendation: Adopt Resolution No. 97 -1336 amending Resolution No. 93 -926 pertaining to parking restrictions on Los Angeles Avenue east of High Street. J. Consider New Agreement with Hidden Creek Ranch Partners (HCRP) and Professional Services Agreement with BonTerra Consulting for Completion of an Environmental Impact Report and Provision of Related Services for the Hidden Creek Ranch Specific Plan /Specific Plan No. 8 Project. Staff Recommendation: Authorize the City Manager to sign the Agreement between City of Moorpark and Hidden Creek Ranch Partners L.P. for completion of an Environmental Impact Report and provision of related services for the Hidden Creek Ranch Specific Plan /Specific Plan No. 8 Project, and the Professional Services Agreement between City of Moorpark and BonTerra Consulting for completion of an Environmental Impact Report and provision of related services for Hidden Creek Ranch Specific Plan /Specific Plan No. 8 project. K. Report from City Manager on Program Reassignments Within City Departments. the report. Staff Recommendation: Receive and file UUU3u Minutes of the City Council Moorpark, California Page 13 June 18, 1997 The following item was pulled from the Consent Calendar for individual consideration: C. Consider Resolution No. 97 -1337, Rescinding Resolution No. 94 -1064 and Establishing New Parking Restrictions at Arroyo Vista Community Park. Staff Recommendation: Adopt Resolution No. 97 -1337, rescinding Resolution No. 94 -1064 and establishing new parking restrictions at Arroyo Vista Community Park. In response to Councilmember Evans, Ms. Lindley reviewed the parking restrictions. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt resolution 97 -1337, rescinding Resolution 94 -1064 and establishing new parking restrictions at Arroyo Vista Community Park. The motion carried by unanimous voice vote. 11. ORDINANCES: A. Second Reading of Ordinance 233 - Zoning Ordinance Amendment No. 97.03 to Consider Revisions to Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of the Moorpark Municipal Code (City of Moorpark Zoning Ordinance) to Delete Automobile Service Stations in Industrial Zones. Mr. Rozell read the ordinance title. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to read the ordinance title only and waive further reading. The motion carried by unanimous voice vote. MOTION: Councilmember Evans moved and Councilmember Perez seconded a motion to adopt Ordinance 233 as read. The motion carried by unanimous voice vote. 12. CLOSED SESSION: MOTION: Councilmember Perez moved and Councilmember Evans seconded a motion to adjourn to Closed Session for a discussion of items 12.A. and 12.B. and under item 12.A. the claims of Lucy Nunez and Charles Kinney will be considered. A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) to pursuant to: (Number of cases to be discussed - 2) 000343 Minutes of the City Council Moorpark, California Page 14 June 18, 1997 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 - 2) The motion carried by unanimous voice vote. Present in Closed Session were all Councilmembers; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Ken Rozell, Assistant City Attorney. The Council reconvened into Open Session at 12:05 a.m. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to reject the claim of Lucy Nunez and to direct staff to so notify the claimant. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Evans seconded a motion to reject the claim of Charles Kinney and to direct staff to so notify the claimant. The motion carried by unanimous voice vote. Mr. Kueny stated there was no action to, report out of Closed Session and only items 12.A. and 12.B. were discussed. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 12:10 a.m. ATTEST: i 000344