Loading...
HomeMy WebLinkAboutAGENDA REPORT 2008 0116 CC REG ITEM 10ACl 'r'v of r OORPARK, CALIFt: +,,.,.,: City Council Meeting. g,C. M I O' A AC110N, MINUTES OF THE CITY COUNCIL December 5 2007 A Regular Meeting of the City Council of the City of Moorpark was held on December 5, 2007, 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 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Montes, City Attorney, led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Deputy City Manager; Johnny Ea, Finance Director; Yugal Lall, City Engineer /Public Works Director; David Bobardt, Planning Director; Captain Jeff Matson, Sheriffs Department; David Moe, Redevelopment Manager; Deborah Traffenstedt, Administrative Services Director /City Clerk; and Maureen Benson, Assistant City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Nomination and Selection of Mayor Pro Tempore. MOTION: Mayor Pro Tempore Millhouse moved and Councilmember Mikos seconded a motion to nominate Councilmember Parvin to serve as Mayor Pro Tempore. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 7 :09 p.m. The City Council meeting reconvened at 7:10 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Council to pull Item 10.H. from the Consent Calendar for individual consideration upon the request of Councilmember Parvin. Minutes of the City Council Moorpark, California Page 2 December 5, 2007 CONSENSUS: It was the consensus of the Council to pull Item 10.13. from the Consent Calendar for individual consideration upon the request of Councilmember Millhouse. CONSENSUS: It was the consensus of the Council to pull Items 10.F. and 10.Q. from the Consent Calendar for individual consideration upon the request of Councilmember Mikos. CONSENSUS: It was the consensus of the Council to pull Item 10.U. from the Consent Calendar for individual consideration upon the request of Councilmember Van Dam. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY COUNCILMEMBERS AND MAYOR: Councilmember Mikos requested agendas for all Council meetings, including special meeting agendas be downloadable from the City's website, and if need be, to make this a future agenda item. Councilmember Mikos requested a future agenda item to provide an update on the status of the Princeton Avenue widening project. Councilmember Van Dam congratulated the Moorpark High School Marching Band for a successful year and for finishing 7th in 3A Division competition at Long Beach City College. Councilmember Van Dam announced Mesa Verde Middle School has a concert on Monday, December 10th from 6:30 -8:30 p.m. Councilmember Van Dam announced the High School Band is holding their annual Christmas tree sale in Staples parking lot; and they are sponsoring the Holiday Home Tour of five highly decorated homes in Moorpark, on Sunday, December 9th Councilmember Parvin congratulated the Moorpark Rotary Club on another successful Civil War Reenactment. She recognized Assistant City Manager, Hugh Riley, for coming to the event to educate the public on the Moorpark mammoth. Mayor Hunter announced now is the time to prepare for potential rain and subsequent flooding whether you live in a fire - damaged area or not. Sand and sandbags are available at no charge at the Moorpark Public Services Facility, 627 Fitch Avenue, and along the back access road to the Civic Center, located on the north side of the westerly terminus of High Street west of Moorpark Avenue, and at Simi Valley fire station #44 in Wood Ranch at 1050 Country Club Drive. 1.' 2 Minutes of the City Council Moorpark, California Page 3 December 5 2007 Mayor Hunter announced the Holiday Toy Express will be in Moorpark, Sunday, December 9th, at 7:30 p.m. The Southern California Firefighter's Spark of Love Toy Drive will be at the south Metrolink parking lot where unwrapped toys for needy children will be collected. Mayor Hunter announced the City of Moorpark trash haulers offer holiday services for your benefit. Christmas tree recycling is offered December 26th - January 9th. Please remove ornaments, tinsel, tree stands, etc. and place trees inside or next to your green yard waste cart on your trash day. No flocked or fire retardant trees can be accepted. Mayor Hunter announced old electronics may be disposed of at the City of Moorpark Free Electronic Waste Collection Event, Saturday, January 19th from 9.00a.m. - 2:00 p.m. at the Moorpark Public Services Facility located at 627 Fitch Avenue. Mayor Hunter announced the Moorpark City Library Holiday Family Storytime will be on Sunday, December 16th from 3:00 -4:30 p.m. Mayor Hunter announced the City of Moorpark is pleased to present Hometown Holiday, Saturday, December 8th at Arroyo Vista Park. Festivities will include a craft fair, live entertainment, food booths, and a winter wonderland for children with snow, games and crafts. AT THIS POINT in the meeting, the City Council heard Item 5. 5. PUBLIC COMMENT: Anna Frutos- Sanchez, Regional Manager for Local Public Affairs for Southern California Edison, gave a report on SCE's state of utilities in regard to infra- structure improvements planned for Moorpark. 8. PUBLIC HEARINGS: A. Consider Resolution Adopting Updated Fire Protection Facility Fee Schedule for New Development Projects and Rescinding Resolution No. 92 -894. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2007 -2660, rescinding Resolution No. 92 -894. ROLL CALL VOTE REQUIRED Mr. Brand gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. sAC,015 33 Minutes of the City Council Moorpark, California Page 4 December 5, 2007 Mayor Hunter closed the public hearing. MOTION: Councilmember Mikos moved and Councilmember Van Dam seconded a motion to adopt Resolution No. 2007 -2660, updating fire protection facility fee schedule for new development projects and rescinding Resolution No. 92 -894. The motion carried by unanimous roll call vote. B. Consider Resolution Approving the Sale of Property Owned by the Redevelopment Agency of the City of Moorpark, Located at 192 High Street, to Aszkenazy Development, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing, and 2) Adopt Resolution No. 2661 approving sale of property, subject to Disposition and Development Agreement approval by Agency. Mr. Moe gave the staff report. Mayor Hunter opened the public hearing. Bob Gehricke, a Moorpark resident and High Street business owner, spoke in opposition to the conceptual architectural design proposal and stated the "agricultural funk" of Moorpark should be maintained. Severyn Aszkenazy, purchaser and developer for the property, stated he was available for questions and is planning to perform an outreach to the Moorpark community to solicit their input for the proposed development along High Street. Mayor Hunter closed the public hearing. MOTION: Councilmember Millhouse, for discussion purposes, moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2661 approving sale of property owned by the Redevelopment Agency of the City of Moorpark, located at 192 High Street, to Aszkenazy Development, Inc, subject to Disposition and Development Agreement approval by Agency. Councilmember Millhouse stated High Street is the gem of the community and recommended the developer look at the architecture of the fire department building and seize this opportunity to revitalize the neighborhood while encouraging public participation. He expressed disappointment there is no residential component to the plans. The motion carried by unanimous roll call vote. C. Consider Ordinance No. 365 Amending Specific Chapters of Title 15 of the Municipal Code by Amending Chapters 15.04, 15.08, 15.12, 15.14, 15.16, 15.18, and 15.20: Adopting by Reference and Amending the Minutes of the City Council Moorpark, California Page 5 December 5, 2007 Current Editions of Certain Model Codes. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Waive full reading and declare Ordinance No. 365 read for the second time and adopted as read; and 3) Direct staff to send the changes to the Code to the State Building Standards Commission. ROLL CALL VOTE REQUIRED Mr. Hogan gave the staff report. Mayor Hunter opened the public hearing. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 365. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to waive full reading and declare Ordinance No. 365 read for the second time and adopted as read. The motion carried by unanimous roll call vote. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to send the changes to the Code to the State Building Standards Commission. The motion carried by unanimous voice vote. 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Ordinance Amending Section 17.44.050.C, Pre - screening, of Chapter 17.44.050 of Title 17. Zonina. and a Resolution Rescindina Resolution No. 99 -1578, and Adopting New Procedures for Pre - screening of General Plan Amendments, Specific Plan Amendments, Zoning Map Amendments, and Zoning Ordinance Amendments, and Suspending the Processing of Pre - Screening Applications for the Next Two Cycles. Staff Recommendation: 1) Introduce Ordinance No. for first reading, waive full reading, and schedule second reading and adoption for January 16, 2008; 2) Adopt Resolution No. 2007- , rescinding Resolution No. 99- 1578; and 3) Direct staff to suspend processing the two filed pre - applications until completion of General Plan Update. gave the staff report. Mr. Hogan requested this item be continued to January 16, 2008, to allow staff to rework the ordinance and to reconsider suspension of prescreening applications. David Satterlee, representing Kasco, L.P, 26560 Agoura Road, #101, Calabasas, California, stated his opposition to suspension of his Minutes of the City Council Moorpark, California Page 6 December 5, 2007 prescreening application and requested his project be exempt from the suspension. A discussion followed among the Councilmembers and staff regarding the complications regarding moving forward with Mr. Satterlee's application, which has not been deemed complete due to site constraints and lack of easement verifications; and whether to leave the consideration of suspension in place until January 16, 2008, to see how far Mr. Satterlee's application has progressed.. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to continue this item to January 16, 2008, with a specific exemption from suspension for Mr. Satterlee's prescreening application. Councilmember Mikos requested to split the motion; one for a continuance of the agenda item and the other for the specific exemption for Mr. Satterlee's prescreening application. As the maker of the motion, Mayor Hunter did not concur with the request. The motion carried by unanimous voice vote. Councilmember Mikos stated for the record, she would have preferred two motions, one for the continuance, which she favors, and another for the exemption, which she opposes, since she would rather it be considered in January. B. Consider Ordinance Amending Section 9.32.060.13 of Chapter 9.32, Social Host, of Title 9, Public Peace, Morals and Welfare, of the Moorpark Municipal Code, and Resolution Establishing Fine for Violations of Social Host Ordinance. Staff Recommendation: Introduce Ordinance No. 367 for first reading, waive full reading, and schedule second reading and adoption for January 16, 2008; and schedule resolution for adoption on February 6, 2008. Captain Matson gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 367. MOTION: Councilmember Mikos moved and Councilmember Parvin seconded a motion to: 1) Waive full reading, declare Ordinance No. 367 read for the first time and schedule second reading and adoption for January 16, 2008; and 2) Schedule adoption of resolution establishing fines for violations of the Social Host Ordinance for February 6, 2008. The motion carried by unanimous roll call vote. I1wV.� ') 1_r` G Minutes of the City Council Moorpark, California Page 7 December 5 2007 C. Consider City Council Standing and Ad Hoc Committee Appointments and Other City Council and Moorpark Redevelopment Agency Committee Assignments. Staff Recommendation: Determine City Council and Moorpark Redevelopment Agency committee appointments and assignments. Ms. Traffenstedt gave the staff report. A discussion followed among the Councilmembers and staff regarding: 1) The selection of topics for Standing Committee meetings and the number of meetings held during 2007; 2) Continuing the Standing Committee assignments as previously approved until December 2008; 3) Accepting the changes to the Ad Hoc Committees as described in the agenda report, and 4) Staff to provide a report to Council listing the 2007 Standing Committee meeting dates and agenda topics. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Van Dam seconded a motion to adopt the changes to the Ad Hoc Committees as described in the agenda report, to continue the Standing Committee assignments as previously approved until December 2008, and staff to provide a report of Standing Committee meeting dates for 2007 and agenda topics. The motion carried by unanimous roll call vote. 10. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to approve the Consent Calendar with the exception of Items 10. B, 10. F, 10. H, 10.Q, and 10.U, which were pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of the East County Cities Joint City Council Meeting Minutes of October 10, 2007. Staff Recommendation: Approve the minutes. C. Consider Approval of the Special Meeting Minutes of November 7, 2007. Staff Recommendation: Approve the minutes. D. Consider Approval of the Regular Meeting Minutes of November 7, 2007. Staff Recommendation: Approve the minutes. E. Consider Approval of Warrant Register for Fiscal Year 2007 -2008 — December 5, 2007. Staff Recommendation: Approve the warrant register. Minutes of the City Council Moorpark, California Page 8 December 5, 2007 G. Consider the Report Titled "Accounting of Fund Information as Required by Section 66006 of the California Government Code for Fiscal Year 2006/2007 ". Staff Recommendation: Receive and file report. Consider Use Agreement with Moorpark Boys and Girls Club- Moorpark Basketball Association (MBA). Staff Recommendation: Approve a five - year Use Agreement with Moorpark Boys and Girls Club for Moorpark Basketball Association activities, subject to final language approval of the City Manager and City Attorney, and authorize the City Manager to execute the agreements on behalf of the City. J. Consider Resolutions to Initiate Proceedinas Related to the Citvwide Landscaping and Lighting Assessment District and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2008/2009. Staff Recommendation: Adopt Resolutions Nos. 2007 -2662 and 2007 -2663, and authorize the City Manager to execute an agreement with SCI. K. Consider Contract Extensions for Sunridge Landscape Services and Venco Western for Landscape Maintenance Services. Staff Recommendation: Approve four -month contract extension through April 25, 2008, for Sunridge Landscape Services, Inc. and Venco Western, Inc. for landscape maintenance services; and authorize the City Manager to execute the amendments on behalf of the City. L. Consider Report of Annual Review of Development Agreement Established in Connection with a 35 -Acre, Detached, Single- family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053, Pacific Communities). Staff Recommendation: 1) Accept the Community Development Director's report and recommendation that, on the basis of substantial evidence, Pacific Communities has complied in good faith with the terms and conditions of the agreement; and 2) Deem the annual review process complete. M. Consider Resolution Amending the Salary Plan for Competitive Service, Non - Competitive Service, and Hourly Employees and Rescinding Resolution No. 2007 -2610. Staff Recommendation: Adopt Resolution No. 2007 -2664. N. Consider Deed of Easement of Dedication to the Citv of Moorpark for Public Sidewalk in Relation to the Village at Moorpark Project, Upon Lot 2 of Tract 4973, CPD 2004 -01. Staff Recommendation: Approve acceptance of the easement and authorize the City Clerk to sign and record an acceptance certificate for the Deed of Sidewalk Easement and the exhibits thereto in the office of the Ventura County Recorder. Minutes of the City Council Moorpark, California Page 9 December 5 2007 O. Consider Reduction of Surety Bonds for Colmer Development Company, Moondance, L.P, Tract 5307. Staff Recommendation: 1) Authorize the City Clerk to reduce Surety Bonds Nos. 835509S — Grading, 835509S — Performance and Payment, and 835509S — Monuments to 10 %; and 2) Authorize the City Clerk to fully exonerate these bonds one year after the approval of the reduction and upon written confirmation from the City Engineer that no warranty work is required. P. Consider Addendum to Agreement for County to Perform Police Oversight Services and Functions for Volunteers for the City of Moorpark (Addendum). Staff Recommendation: Approve Addendum subject to final language approval of the City Attorney and City Manager and authorize Mayor to sign it on behalf of the City. R. Consider Setting a Public Hearing Date to Consider Adopting a Revised Fee Schedule for Services Rendered Pursuant to the Moorpark Municipal Code Relating to Public Works and City Engineering and Rescinding Resolution No. 1992 -865. Staff Recommendation: Set a City Council Public Hearing for January 16, 2008, to consider a resolution adopting a revised fee schedule for services rendered pursuant to the Moorpark Municipal Code relating to Public Works and Engineering and rescinding Resolution No. 1992 -865. S. Consider Setting a Public Hearing Date to Consider Adopting a Revised Fee Schedule for Services Rendered Pursuant to the Moorpark Municipal Code Relating to Building and Safety and Rescinding Resolution No. 1992 -832. Set a City Council Public Hearing for January 16, 2008, to consider a resolution adopting a revised fee schedule for services rendered pursuant to the Moorpark Municipal Code relating to Building and Safety and rescinding Resolution No. 1992 -832. T. Consider Resolution Ratifvina the Implementation of Appendix J of the Ventura County Fire Protection District Ordinance No. 26 within the Jurisdictional Boundaries of the City of Moorpark and Rescinding Resolutions Nos. 2007 -2564, 2002 -2010, 99 -1615, and 96- 1186.. Staff Recommendation: Adopt Resolution No. 2007 -2665, rescinding Resolutions Nos. 2007 -2564, 2002 -2010, 99 -1615, and 96 -1186. The following items were pulled for individual consideration. B. Consider Approval of the Regular Meeting Minutes of October 17, 2007. Staff Recommendation: Approve the minutes. Councilmember Millhouse stated he would abstain from voting on these minutes as he had been absent on October 17, 2007. Minutes of the City Council Moorpark, California Page 10 December 5 2007 MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to approve the regular meeting minutes of October 17, 2007. The motion carried by voice vote 4 -0, Councilmember Millhouse abstaining. F. Consider Cancellation of December 19 2007 Regular Meeting. Staff Recommendation: Direct staff to post a notice of meeting cancellation for December 19, 2007. Councilmember Mikos stated she pulled this item to question the appropriateness of canceling another meeting since the Council would not meet again until January 16 unless a special meeting is called. In response to Mayor Hunter, Mr. Kueny confirmed there are no public hearings scheduled between December 5, 2007 and January 16, 2008. MOTION. Councilmember Millhouse moved and Mayor Hunter seconded a motion to direct staff to post a notice of meeting cancellation for December 19, 2007. The motion carried by voice vote 4 -0, Councilmember Mikos abstaining. H. Consider Approval of the Veterans Memorial Conceptual Design. Staff Recommendation: Approve the conceptual design for the Veterans Memorial as presented in the agenda report. Councilmember Parvin stated she pulled this item believing there is a public speaker in the audience. James Carpenter, Moorpark resident and Navy veteran and Vice President of American Legion Moorpark Post 502, spoke about design changes he recommended for the proposal. A discussion followed among the Councilmembers and staff regarding moving forward with the proposal while continuing to work with the veterans, no reduction in lighting, including a drinking fountain, and directing staff to obtain bids on alternate features as described in the agenda report. MOTION: Councilmember Parvin moved and Councilmember Mikos seconded a motion to approve the Veterans Memorial conceptual design, as amended for no reduction in lighting and inclusion of a drinking fountain Mr. Riley requested Council consider direction to staff to obtain bids on the alternate features described in the agenda report. AMENDED MOTION: Councilmember Parvin moved to amend and Councilmember Mikos seconded the amendment to include direction to staff to obtain bids on the alternate features described in the agenda report. The amended motion carried by unanimous voice vote Minutes of the City Council Moorpark, California Page 11 December 5 2007 Q. Consider Results of Voter Opinion Poll Conducted Between September 14 and September 23, 2007. Staff Recommendation: 1) Receive and file report; and 2) Refer Revenue Enhancement Options issue to Finance, Administration and Public Safety Committee. Councilmember Mikos stated she pulled to discuss it in public before it goes to committee and to ascertain the timeline for what is expected next. A discussion followed among the Councilmembers and staff regarding further study by the Finance, Administration, and Public Safety Committee on how the results of the poll impact the City fiscally, the need to develop a strategy for enhancing revenues since the results of the survey are clear the voters do not favor bonds, and summarizing the survey to post on the City's website. MOTION. Councilmember Mikos moved and Councilmember Van Dam seconded a motion to receive and file the report, to refer revenue enhancement options issue to the Finance, Administration, and Public Safety Committee, and directed staff to summarize the report for posting on the City's website. The motion carried by unanimous voice vote. U. Consider Policy Restricting Utility Street Cuts for Public Streets with New Rubberized and Conventional Asphalt Overlay. Staff Recommendation: Approve a policy restricting utility cuts, except for bona fide emergencies as described in the agenda report, and incorporate into the next update of the City Council Policies Resolution. Councilmember Van Dam stated he pulled this item to inquire if there had been prior issues with utilities cutting City streets and whether or not the City has legal authority to make utility companies repair the streets. In response, Mr. Lail stated this is in regard to emergency situations and the City does have legal authority to compel utilities to repair the streets through the encroachment permit process. MOTION: Councilmember Van Dam moved and Councilmember Mikos seconded a motion to approve a policy restricting utility cuts, except for bona fide emergencies as described in the agenda report, and incorporate into the next update of the City Council Policies Resolution. The motion carried by unanimous voice vote. 11. ORDINANCES: (ROLL CALL VOTE REQUIRED) A. Consider Ordinance No. 364 Amending Section 3.36.010, Definitions, of Article 1, Fire Protection Facility Fee, of Chapter 3.36 of Title 3 of the Moorpark Municipal Code, by Revising the Definition of a "Standard Fire Station" within the City of Moorpark. Staff Recommendation: Staff o 11 C016'1, Minutes of the City Council Moorpark, California Page 12 December 5 2007 Recommendation: Waive full reading and declare Ordinance No. 364 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED Mr. Montes read the title of Ordinance No. 364. MOTION: Councilmember Parvin moved and Councilmember Van Dam seconded a motion to waive full reading, declare Ordinance No. 364 read for the second time and adopted as read. The motion carried by unanimous roll call vote. B. Consider Second Reading of Ordinance No. 366 Amending Title 5 Business Taxes, Licenses and Regulations of the Moorpark Municipal Code, by Deleting Chapter 5.04 Business License; Amending Chapter 5.08, Business Registration; Deleting Chapter 5.12 Ambulances: Deletinq Chapter 5.20, Billiard Rooms; Amending Chapter 5.24 Bingo Games; Deleting Chapter 5.28, Cardrooms; Amending Chapter 5.32 Pawnbrokers, Junk Dealers and Secondhand Dealers; Deleting Chapter 5.36, Dancehalls; Deleting Chapter 5.40, Teen Dances; Amending Chapter 5.44, Hotels and Motels; Amending Chapter 5.48 Massage Establishments and Technicians; Amending Chapter 5.60 Newsracks; Amending Chapter 5.64, Peddlers, Itinerant Merchants and Solicitors; Deleting Chapter 5.68, Private Patrols; Deleting Chapter 5.76 Taxicabs; Deleting Chapter 5.80, Temporary Shows; and Deleting Chapter 5.84 Kennels. Staff Recommendation: Staff Recommendation: Approve the minor changes to Section 5.64.090, waive full reading and declare Ordinance No. 366 read for the second time and adopted as read. ROLL CALL VOTE REQUIRED Mr. Montes read the title of Ordinance No. 366. MOTION: Councilmember Parvin moved and Councilmember Millhouse seconded a motion to waive full reading, declare Ordinance No. 366 read for the second time and adopted as read. The motion carried by unanimous roll call vote. 12. CLOSED SESSION: Mr. Kueny requested the City Council go into closed session for discussion of two cases under Item 12. B, and Items 12. C. and 12.F. on the agenda. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adjourn to closed session for a discussion two cases under Item 12. B, and Items 12.C. and 12.F. on the agenda. The motion carried by unanimous voice vote. The time was 9:07 p.m. Minutes of the City Council Moorpark, California Page 13 December 5 2007 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 LEGAL COUNSEL — EXISTING LITIGATION (Pursuant to Subdivision (a) of Section 54956.9 of the Government Code) City of Moorpark vs. Ventura County Community College District (Case No. 56- 2007 - 00305624 -C U -PT -S I M ) 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; Deputy City Manager; Finance Director; Parks, Recreation and Community Services Director; and Planning Director Present in closed session were Councilmembers Mikos, Millhouse, Parvin, Van Dam, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney (left at 9:30 p.m.); Hugh Riley, Assistant City Manager (left at 9:28 p.m.); Barry Hogan, Deputy City Manager (left at 9:26 p.m.); Yugal Lall, City Engineer /Public Works Director (left at 9:23 p.m.); David Bobardt, Planning Director (left at 9:26 p.m.); and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Council reconvened into open session at 9:40 p.m. Mr. Kueny stated two cases under Item 12.13, and Items 12.C. and 12.F. were discussed and there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourned the meeting at 9:40 p.m. Patrick Hunter, Mayor ATTEST: Maureen Benson, Assistant City Clerk