HomeMy WebLinkAboutMIN 2010 0217 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California February 17, 2010
A Regular Meeting of the City Council of the City of Moorpark was held on February 17,
2010, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Mayor Parvin called the meeting to order at 7:27 p.m.
2. PLEDGE OF ALLEGIANCE:
Patrick Ellis, President of the Moorpark Chamber of Commerce, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and
Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney;
Hugh Riley, Assistant City Manager; Yugal Lall, City
Engineer /Public Works Director; David Bobardt, Community
Development Director; Ron Ahlers, Finance Director;
Captain Ron Nelson, Sheriff's Department; Deborah
Traffenstedt, Administrative Services Director /City Clerk; and
Maureen Benson, Assistant City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Proclamation Recognizing March 11th as Moorpark High School Pay It
Forward Club's Random Acts of Kindness Day.
Mayor Parvin presented Moorpark High School Pay It Forward Club
members with a proclamation recognizing March 11th as Random Acts of
Kindness Day.
B. Introduction of New Employee, Ashraf Rostom, Public Works
Superintendent/Inspector in the City Engineer /Public Works Department.
Mayor Parvin introduced new employee Ashraf Rostom,
Superintendent/Inspector.
5. PUBLIC COMMENT:
Patrick Ellis, President of the Moorpark Chamber of Commerce provided an
update on Chamber activities
Minutes of the City Council
Moorpark, California Page 2 February 17, 2010
AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the
Moorpark Redevelopment Agency. The time was 7:38 p.m. The City Council meeting
reconvened at 7:39 p.m.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Council to pull Item 10.D. from the Consent
Calendar for individual consideration upon the request of Councilmember Mikos.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND
MAYOR:
Councilmember Mikos stated on February 9th she attended a meeting at the
Community Center with representatives from Water Works District No. 1 and
Ventura County Board Supervisor, Peter Foy, where the public was informed
about increases in water rates and potential penalties for excessive water use.
Councilmember Mikos stated a few weeks ago she attended a committee
meeting of the Ventura County Civic Alliance where the Steering Committee for
the Compact for a Sustainable Ventura County discussed upcoming public
workshops to work out scenarios dealing with anticipated increases in population
in the county.
Councilmember Mikos stated she attended an Executive Committee Board
meeting of the Economic Collaborative of Ventura County where programs to
assist businesses were discussed.
Councilmember Millhouse stated on February 19th in Los Angeles, he will be
participating, along with statewide transportation leaders, in a Surface
Transportation Reauthorization Outreach Program sponsored by the United
States Department of Transportation to discuss transportation visions and the
Transportation Reauthorization Bill for Federal funding of Federal highways and
rail lines throughout the country.
Councilmember Pollock stated he and Councilmember Mikos, as members of the
Community Economic Development Committee, met earlier in the evening with
representatives of Ventura County Public Works, Water and Sanitation
Department District No. 1 to discuss ways to improve conservation of water
resources.
Mayor Parvin stated she too attended the February 9th Water Works District No.
1 meeting at the Community Center, where the importance of conserving water
was the focus.
Minutes of the City Council
Moorpark, California Page 3 February 17, 2010
Mayor Parvin stated last week she attended a Board meeting of the League of
California Cities where representatives discussed strategies to prevent the State
from taking city funds.
8. PUBLIC HEARINGS:
A. Consider Resolution Approving Modification No. 1 to Residential Planned
Development (RPD) No. 1998 -01, a Request to Relocate the Required
Recreation Center from Vesting Tentative Tract Map No. 5425 to Tract
Map No. 5133, Located on the South Side of Los Angeles Avenue at
Millard Street, on the Application of Shea Homes, Inc. (continued open
public hearing from January 20, 2010) Staff Recommendation: 1)
Continue to accept public testimony and close the public hearing; and 2)
Adopt Resolution No. 2010- , approving Modification No. 1 to RPD
No. 1998 -01, subject to conditions of approval.
Mr. Bobardt provided alternate conditions to address the applicant's
concerns regarding the timing of Conditions 11 through 13 and then gave
the staff report.
Mayor Parvin stated the public hearing remains open.
John Vander Velds, representing Shea Homes, 1250 Corona Pointe
Court, Suite 600, Corona, California, concurred with the amended
conditions and introduced Brooke Thomas of Shea Homes, as available to
answer questions.
The following Fremont Street residents spoke in opposition to the new
location for the recreation center, citing: 1) Lack of communication by
Shea Homes with Fremont Street residents regarding the proposal; 2)
Fremont Street residents have previously opposed this new location; 3)
Increased traffic and spill -over parking on Fremont Street due to lack of
adequate parking at the recreation center; 4) Original location had better
parking; 5) Noise, lights, and litter generated by the recreation center's
guests will impact Fremont Street; and 6) Ultimately, requested the
location for the recreation center remain in the corner of the site by the
Arroyo.
Steve Marcado
Teresa Schmidt
Dominic Schmidt
In response to Mayor Parvin, Ms. Traffenstedt summarized one Written
Statement card in opposition to the modification.
Mayor Parvin closed the public hearing.
CONSENSUS: It was the consensus of the Council to re -open the public hearing
to allow the applicant to respond.
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Moorpark, California Page 4 February 17, 2010
Mayor Parvin re- opened the public hearing.
Mr. Vander Velds stated Shea will be installing the frontage road of
Majestic Court as part of the improvements for the project so parking will
be available on that street.
The following issues were discussed by the Councilmembers and staff: 1)
Increased traffic impacts to Fremont Street residents and timeline for
closing off at Los Angeles Avenue; 2) Rationale for relocating the
recreation center; 3) Possible mitigation measures to restrict parking,
provide "permit parking only" on Fremont Street, or restrict hours of
operation for the recreation center; and 4) A possible continuance to allow
Shea Homes to explore options with the residents on Fremont Street.
In response to Council, Mr. Vander Velds agreed to a four -week
continuance to allow time to work out mitigation measures with the
Fremont Street residents.
MOTION: Councilmember Millhouse moved and Councilmember Pollock
seconded a motion to continue the open public hearing to March 17, 2010. The
motion carried by unanimous voice vote.
B. Consider General Plan Amendment Pre - Screening No. 2008 -02 to
Change the Land Use Designation on 88.2 Acres at the Northwest
Terminus of Gabbert Road between Moorpark Country Club Estates and
the North Hills Parkway /North Hills Industrial Park from Rural Low Density
Residential to Medium Low Density Residential, Rural High Density
Residential, and Open Space on the Application of John Newton, for A -B
Properties, Inc. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Direct staff to
accept a General Plan Amendment application, provided that all other
necessary entitlement applications, including an application for a
development agreement, are filed concurrently.
Mr. Bobardt gave the staff report.
Mayor Parvin opened the public hearing.
John Newton, representing AB Properties, 505 Thousand Oaks
Boulevard, Thousand Oaks, California, described the proposal.
The following residents living adjacent to the site spoke in opposition to
the proposal, citing: 1) Widening Gabbert Road to 60 -feet would destroy
the aesthetics of this rural country road; 2) Concern regarding water runoff
and flood control issues; 3) One -half acre lots are not conducive to
equestrian use; 4) Need to guarantee preserving the open space with a
Conservation Easement; 5) Dangers of flying golf balls and golf clubs is a
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Moorpark, California Page 5 February 17, 2010
concern for development of equestrian properties adjacent to the golf
course in Country Club Estates to the north; 6) The trail system does not
seem to connect; 7) A mixed used trail with bicycles and horses does not
work; 8) Concern that larger lots may not sell and will subsequently be
divided; 9) No access should be allowed to Orchard Downs; 10) No need
to change the existing zoning from five -acre parcels; 11) Convergence of
fires from two directions would require more escape routes; 12)
Incompatibility of small lots adjacent to rural agricultural land and large 5-
acre lots; and 13) Negative environmental impacts of increased equestrian
use on small lots.
Jayla Haxton
David Morris
Jim McGrath
Doris Miller
Graham Molineux
Jieshi Yan
David Jacobs, a Country Club Estates resident adjacent to the project,
stated he is not opposed to all development, but 18 two -acre lots would be
more feasible for this property than 50 smaller lots; the bridge to connect
the smaller lots to the one -acre lots would be very expensive; and he
would prefer development be left at the current zoning.
AT THIS POINT in the meeting a recess was declared. The time was 9:49 p.m. The
Council meeting reconvened at 10:04 p.m.
The following residents living adjacent to the site spoke in opposition to
the proposal, citing: 1) Lack of communication between Gabbert Road
residents and the applicant; 2) Use of Gabbert Road as secondary access
when access could be through Country Club Estates or Orchard Downs;
3) One -half acre parcels are too small to be compatible with adjacent
properties; 4) A zone change would destroy the ambiance of this rural
equestrian neighborhood; 5) A General Plan Amendment should be a slow
process of consideration and this is moving forward too quickly; and 6)
Premature to discuss development without the infrastructure to support it.
Michele Berry
Jennifer Diamond
Sharon Noel
Cindy Hollister
In response to Mayor Parvin, Ms. Traffenstedt summarized 14 Written
Statement cards in opposition to the proposal.
Mr. Newton stated: 1) This project would not widen Gabbert Road; 2)
There is no access to Orchard Downs, only a stub -out of the multi -use
trail, which would be available for their use; 3) AB Properties would have
no objection to a Conservation Easement for the approximate 42 -plus
acres of open space; 4) Horse - keeping is possible on one -half acre lots; 5)
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Moorpark. California Page 6 February 17 2010
They could work with Mr. McGrath on fencing of his farm land; and 6) The
proposal would improve the flood control channel.
Mayor Parvin closed the public hearing.
The following issues were discussed by Council and staff: 1) Need for
meetings between developer and Gabbert Road residents to address
concerns; 2) Need to achieve a balance between additional housing and
preserving open space along with agricultural land for the long term; 3)
Additional discussion is warranted to consider the potential benefits of the
project; 4) City is mandated to provide a variety of housing types; and 5)
Consideration for larger lots may be warranted for this proposal to make
them more compatible to the adjacent properties.
Councilmember Millhouse stated this proposal is not appropriate for this
rural area and should not move forward.
MOTION: Councilmember Van Dam moved and Councilmember Mikos
seconded a motion to direct staff to accept a General Plan Amendment
application to change the Land Use Designation on 88.2 acres at the northwest
terminus of Gabbert Road between Moorpark Country Club Estates and the
North Hills Parkway /North Hills Industrial Park from Rural Low Density
Residential to Medium Low Density Residential, Rural High Density Residential,
and Open Space on the Application of John Newton, for A -B Properties, Inc.,
provided that all other necessary entitlement applications, including an
application for a development agreement, are filed concurrently. The motion
carried by voice vote 4 -1, Councilmember Millhouse dissenting.
C. Consider General Plan Amendment Pre - Screening No. 2009 -01 to
Change the Land Use Designation on 67.96 Acres West of Gabbert Road
and North of the North Hills Parkway /North Hills Industrial Park from Rural
Low Density Residential to Rural Low Density Residential, Very High
Density Residential, and Open Space on the Application of James
Rasmussen, for Moorpark Property 67 LLC. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; and 2) Direct staff to accept a General Plan Amendment
application, provided that all other necessary entitlement applications,
including an application for a development agreement, are filed
concurrently.
Mr. Bobardt gave the staff report.
Mayor Parvin opened the public hearing.
James Rasmussen, representing Moorpark Property 67 LLC, described
the project.
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Moorpark, California Page 7 February 17, 2010
The following residents living adjacent to the project spoke in opposition to
the proposal, citing: 1) Five -acre lots left vacant pose potential to be
rezoned at a later date for higher density; 2) Apartment and condominium
density is too high to be compatible with adjacent agricultural land; 3)
Access for all these residents would be on Gabbert Road; 4) Impacts of
increased traffic, noise, and pollution; 5) This is a fire prone area and any
new development will exacerbate the congestion on Gabbert Road during
evacuations; 6) Water Conservation is an issue as the water pressure for
this area is not always adequate and would be further reduced with more
development; 7) Trespass on adjacent large parcels for use as parkland is
a concern; 8) Farmland needs to be protected; 9) Low income housing
does not blend with five -acre parcels and this appears to be randomly
located; 10) Installation of three major intersections within one -half mile is
excessive; 11) This is a ploy to have developers pay for improvements
such as the four -lane North Hills Parkway, underpass, and to ensure the
development of the movie studio; 12) Loss of property and pepper trees to
widen Gabbert Road to 60 -feet; 13) Hitch Ranch and the Industrial Tract
5147 should be developed with improved infrastructure before any further
development is considered; and 14) Lack of schools, fire personnel, and
police to support this development.
Jayla Haxton
Jim McGrath
Cindy Hollister
Doris Miller
Rene Mayfield
Rick Parzick
Jieshi Yan
Michele Berry
Jennifer Diamond
Sharon Noel
David Jacobs
In response to Mayor Parvin, Ms. Traffenstedt summarized 10 Written
Statement cards in opposition to the proposal.
Mr. Rasmussen stated: 1) The project is adjacent to some existing one -
acre parcels; 2) The pavement portion of Gabbert Road would never be
60 -feet wide although there are easements along the existing pavement
that total 60 -feet in width; 3) Gabbert Road residents would be buffered
from the higher density by the five -acre lots; 4) Gabbert Road would be
gated from the higher density portion of this project, which would take
ingress and egress from a new road, North Village Drive; 5) There is an
industrial park across the street from this proposal; 6) Gabbert Road
residents would be able to open the gate and use North Village Drive as
an alternate egress during evacuations; and 7) Moorpark Property 67 LLC
is willing to work with all the Gabbert Road residents to design the project
to their liking.
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Moorpark, California Page 8 February 17, 2010
Mayor Parvin closed the public hearing.
The following issues were discussed by the Councilmembers and staff: 1)
Clarification that the project would evolve during the process and that
Council could provide direction to reduce the density; 2) Need to reduce
number of units even though there is a need for low income housing; 3)
Five -acre lots, if not proposed to be built -out, look like future development
areas; 4) Questionable need for additional apartment units when there are
already empty apartment opportunities available in the City; and 5) Need
to rethink the application and reapply.
CONSENSUS: It was the consensus of the Council to re -open the public hearing
to allow Mr. Rasmussen to respond.
Mr. Rasmussen stated he would withdraw his application and redesign the
proposal for a new application.
Mayor Parvin closed the public hearing.
D. Consider General Plan Amendment Pre - Screening 2009 -02 to Change the
Land Use Designation on 37 Acres on the South Side of Los Angeles
Avenue between Leta Yancy Road and Maureen Lane from Approximately
32 Acres High Density Residential and 5 Acres Very High Density
Residential to 24 Acres High Density Residential and 13 Acres Very High
Density Residential on the Application of Corinna Ocampo, for Pacific
Communities, Inc. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Direct staff to
accept a General Plan Amendment application, provided that all other
necessary entitlement applications, including an application for a
development agreement, are filed concurrently.
Mr. Bobardt gave the staff report.
Mayor Parvin opened the public hearing.
Nelson Chung, representing Pacif ic Communities, Inc., 1000 Dove Street,
Newport Beach, California, provided a history of the prior project approval
for this site and described the new proposal.
Councilmember Pollok requested consideration be given to adding
amenities such as front porches in an effort to promote reduction of crime
and increased security for the project if the application is approved.
Councilmember Mikos requested consideration be given to connecting this
project to the Arroyo Trail and creating a secondary access to Arroyo Vista
Park if this proposal moves forward.
Mayor Parvin closed the public hearing.
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Moorpark, California Page 9 February 17, 2010
MOTION: Councilmember Millhouse moved and Mayor Parvin seconded a
motion to direct staff to accept a General Plan Amendment application to change
the Land Use Designation on 37 acres on the south side of Los Angeles Avenue
between Leta Yancy Road and Maureen Lane from approximately 32 acres High
Density Residential and 5 acres Very High Density Residential to 24 acres High
Density Residential and 13 acres Very High Density Residential on the
application of Corinna Ocampo, for Pacific Communities, Inc., provided that all
other necessary entitlement applications, including an application for a
development agreement, are filed concurrently. The motion carried by
unanimous voice vote.
E. Consider Zoning Ordinance Amendment 2009 -03, to Amend Chapter
17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal
Code by Adding Section 17.40.095 to Allow Temporary Directional Signs
for Special Events in the Old Town Commercial (C -OT), Planned
Community (PC) and Institutional (1) Zones. Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public
hearing; and 2) Introduce Ordinance No. approving Zoning Ordinance
Amendment No. 2009 -03 for first reading, waive full reading, and schedule
second reading and adoption for March 3, 2010.
Mr. Bobardt deferred the staff report.
Mayor Parvin opened the public hearing.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Mikos
seconded a motion to continue the open public hearing to March 3, 2010. The
motion carried by unanimous voice vote.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Status Update and Aesthetics Discussion Regarding Soundwall
Project — West Side of State Route -23 North of Tierra Rejada Road. Staff
Recommendation: Direct staff to proceed with soundwall design per
Attachment 1 of the agenda report.
Mr. Kueny deferred the staff report.
There were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember Van Dam
seconded a motion to direct staff to proceed with the soundwall design as
depicted in Attachment 1 of the agenda report. The motion carried by unanimous
voice vote.
Minutes of the City Council
Moorpark, California Paqe 10 February 17 2010
B. Consider Fiscal Year 2009/10 Mid -Year Budget Report. Staff
Recommendation: Receive and file report.
Mr. Kueny deferred the staff report.
There were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Pollock seconded
a motion to receive and file the report. The motion carried by unanimous voice
vote.
10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Councilmember Pollock moved and Councilmember Van Dam seconded a
motion to approve the Consent Calendar with the exception of Item 10.D, which was
pulled for individual consideration. The motion carried by unanimous roll call vote.
A. Consider Minutes of Regular Meeting of February 3, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Warrant Register for Fiscal Year 2009 -2010 — February 17,
2010. Staff Recommendation: Approve the warrant register.
C. Consider Rejection of Claim from John Bartolotto. Staff Recommendation:
Reject claim and direct staff to send a standard rejection letter to the
claimant.
E. Consider Professional Services Agreement with Barry K. Hogan
Associates. Staff Recommendation: Approve the Agreement, subject to
final language approval by the City Manager and City Attorney; and
authorize the City Manager to sign on behalf of the City.
F. Consider Resolution Authorizing Mid -Year Amendments to 2009/10 Fiscal
Year Budget. Staff Recommendation: Adopt Resolution No. 2010 -2890.
ROLL CALL VOTE REQUIRED
G. Consider Resolution Authorizing Submittal of a CaliforniaFIRST Program
Grant Application. Staff Recommendation: Adopt Resolution No. 2010-
2891.
The following item was pulled for individual consideration.
D. Consider Amendment No. 2 to Contract for Professional Services
Agreement with Teaman, Ramirez & Smith, Inc. Certified Public
Accountants for Citv and Redevelopment Aaencv Audit Services for Fiscal
Years 2009/10 and 2010/11. Staff Recommendation: Approve
Amendment No. 2 to the Agreement to increase the Scope of Services to
include fiscal years 2009/10 and 2010/11 in an amount not to exceed
Minutes of the City Council
Moorpark, California Page 11 February 17 2010
$34,600 and $35,400 respectively; and authorize the City Manager to
execute said amendment, subject to final language approval by the City
Manager and City Attorney.
Councilmember Mikos stated she pulled this item to recommend that at
the time of the next contract renewal, the City should go out for a
competitive bid.
MOTION: Councilmember Mikos moved and Councilmember Van Dam
seconded a motion to approve Amendment No. 2 to the Agreement to increase
the Scope of Services to include fiscal years 2009/10 and 2010/11 in an amount
not to exceed $34,600 and $35,400 respectively; and authorize the City Manager
to execute said amendment, subject to final language approval by the City
Manager and City Attorney. The motion carried by unanimous voice vote.
11. ORDINANCES: (ROLL CALL VOTE REQUIRED)
None.
12. CLOSED SESSION:
Mr. Kueny requested the City Council go into closed session for discussion of
two cases under Item 12.13. and Items 12.C, 12. D, 12.E. and 12.F. on the
agenda.
MOTION: Councilmember Van Dam moved and Councilmember Millhouse seconded a
motion to adjourn to closed session for a discussion of two cases under Item 12.13. and
Items 12.C, 12.D, 12.E. and 12.F. on the agenda. The motion carried by unanimous
voice vote. The time was 12:11 a.m. February 18, 2010.
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 512 -0- 171 -205, 612 Spring Road, Ruben Castro Human
Services Center
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Clinicas Del Camino Real
Under Negotiation: Rent and Terms of Lease
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 512 -0- 171 -205, 612 Spring Road, Ruben Castro Human
Services Center
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and County of Ventura
Under Negotiation: Rent and Terms of Lease
Minutes of the City Council
Moorpark, California Page 12 February 17, 2010
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 161 Second Street (APN 512 -0- 102 -210)
City Negotiator: Steven Kueny, City Manager
Negotiating Parties: The City of Moorpark and Miguel Magdaleno Trust
Under Negotiation: Price and Terms of Sale
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Subdivision (b) of Section 54957 of the Government Code)
Title: Administrative Services Director /City Clerk; Assistant City Manager;
City Manager; City Attorney; City Engineer /Public Works Director; Chief of
Police; Community Development Director; Finance Director; and Parks
and Recreation Director
Present in closed session were Councilmembers Mikos, Millhouse, Pollock, Van
Dam, and Mayor Parvin; Steven Kueny, City Manager; Joseph Montes, City
Attorney; Hugh Riley, Assistant City Manager; Yugal Lall, City Engineer /Public
Works Director; David Bobardt, Community Development Director (left at 12:20
a.m.); David Moe, Redevelopment Manager; and Deborah Traffenstedt,
Administrative Services Director /City Clerk.
The Council reconvened into open session at 12:34 a.m. Mr. Kueny stated two
cases under Item 12.13. and Items 12.C, 12.D, and 12. E. were discussed and
there was no action to report. Item 12.17. was not discussed.
13. ADJOURNMENT:
Mayor Parvin adjourned the meeting at 12:34 a.m. February 18, 2010.
ATTEST:
Maureen Benson, Assistant City Clerk
U�
J ice S. Parvin, Mayor