HomeMy WebLinkAboutAGENDA REPORT 2004 1006 CC REG ITEM 09IMOORPARK CITY COUNCIL
AGENDA REPORT
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CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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TO:
Honorable
City Council
FROM:
Deborah S.
Traffenstedt, ATCM /City.Clerk
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DATE: September 30, 2004 (CC Meeting of 10/6/04)
SUBJECT: Consider Request by High Street Events Organization
for Community Center Use Fee Waiver, Provision of
Video Production Services, and Video Broadcast on
Local Government Channel for a Candidate Forum to be
Held on October 14
BACKGROUND
The City received the attached letter from Mr. Dick Wardlow
(Attachment 1) in August requesting City Council waiver of the
rental fee for the Apricot Room and televising of the Candidate
Forum event planned for October 14, 2004 (at no cost). Mr.
Wardlow"s organization did not have non - profit status and was
not eligible for a waiver of the standard rental fee for the
Community Center pursuant to City Council Policy 11 (Resolution
2004 - 2160). High Street Events has now submitted a letter dated
September 27, 2004 (Attachment 2) requesting to hold the
Candidate Forum to allow eligibility for the fee waiver. Staff
has received confirmation from Mr. John (Jack) Murray,
representing the League of Women's Voters, that he will serve as
moderator for the Candidate Forum planned for October 14 and
that the League will determine the format for the Forum.
DISCUSSION
The request is for the Council to waive the standard rental fee
for use of the Apricot Room with only direct staff costs being
charged to High Street Events, pursuant to Policy 11. Also, the
Council has been requested to videotape and televise the Forum
on the local government channel (Channel 10) for no cost.
In order to provide the video production services at no cost,
the City's contract services provider, Videomax, would need to
donate its services, and the Council would need to permit use of
the City's video production equipment. Based on the City's
000257
Honorable City Council
October 6, 2004, Regular Meeting
Page 2
current agreement with Videomax, only City public meetings are
included as part of the standard monthly retainer. Although the
Candidate Forum is not a City public meeting, Videomax is
willing to consider it as such. Otherwise, the cost of a
special event not covered under the retainer would be determined
based on the Videomax price list for special services (typically
($30 per hour and per person, with two crew members required for
meeting video recording). The provision of Videomax services at
no additional cost is also dependent upon maintaining standard
audio and lighting settings that are used for City meetings.
After consultation with the City Attorney, staff does not
recommend permitting use of the City's Government Channel 10 for
either live broadcast or replay of the Candidate Forum. Channel
10 is intended to be used for government purposes and there is
the risk of changing Channel 10 into a public forum if non -
government related activities are broadcast. The local access
channel is Adelphia Channel 25, which is intended to provide the
public forum opportunity. Additionally, the City Attorney has
advised that Civil Code Section 47 provides immunity to the City
for a privileged publication or broadcast in the proper
discharge of an official duty and in any legislative proceeding
or other official proceeding authorized by law. As an example,
the City would have no Civil Code Section 47 protection from a
slander lawsuit that could result from an oral communication
made during the Candidate Forum. There would be both
publication liability from a live broadcast and republication
liability from a replay broadcast.
The City Attorney did not have a legal concern with waiver of
the fees pursuant to Policy 11, including use of the City's
video production equipment and contract staff to videotape the
Forum, subject to standard City requirements for use of City
facilities (hold harmless agreement and insurance requirements).
Following the completion of the Candidate Forum, the videotape
could be provided to the League of Women's Voters
representative, and either High Street Events or the League
could then make arrangements with Adelphia for replay of the
Candidate Forum on Channel 25.
To summarize, the City Council should consider and provide
direction to staff on the following:
1. Decision on waiver of the standard rental fee for use of
the Apricot Room, with only direct staff costs being
Honorable City Council
October 6, 2004, Regular Meeting
Page 3
charged, and subject to the standard requirements for a
hold harmless agreement and insurance;
2. Decision on providing the video production services for the
Candidate Forum at no cost, with clarification that
standard meeting settings shall be maintained for the room
setup, and standard requirements for a hold harmless
agreement and insurance shall be applicable; and
3. Decision on use of the City's government channel for live
broadcast and /or replay of the Candidate Forum, or concur
with staff's recommendation that no use of City's
government channel will be permitted.
STAFF RECOMMENDATION
Direct staff as deemed appropriate.
Attachments:
1. Letter from Dick Wardlow dated 8/16/04
2. Letter from High Street Events dated 9/27/04
000259
YsL f av120 -2d, 4 03.3-3 8055-553-0404 i.AARD OW I1 `S nr
233 High St.; Moorpark, CA 93021
(805) 553.0505 FAX (805) 553 -040
August 16, 2004
City of Moorpark FAX (805) 52$-5270
799 Moorpark ,Ave.
Moorpark CA 93021
c/o fatty
RE: 2004 Moorpark Candidate Forum
Dear Patty:
ATTACHMENT 1.
91 EC-.-E1--!J , ' _ s
Thanks for your time and help when we discussed.,
iscussed the reservation of
the Moorpark City Hall's Apricot Room on October 14, 2004;
Thursday, 7:00 P.M. until 10:00 P.M.
The Citizens for a Better Moorpark group propose to sponsor the
League of Womens Voters' moderation of a candidate forum if
approved by the City Council.
As per our conversation, we are requesting that this event be televised
to the citizens of Moorpark and that the fees be waived.
Patty, we look forward to making this important debate successful. It
should be a gr at kick -off to the upcoming election.
Than
Dick Wardlow
(805) 553 -0505 X 300
(.101G01
HIGH STREET EVENTS
207 W. LOS ANGELES AVE. #280
MOORPARK, CA. 93021
September 27, 2004
Deborah Traffenstedt
City Clerk
City of Moorpark
799 Moorpark Ave
Moorpark, CA. 93021
ATTACHMENT 2.
ECEMED
This is to request permission to hold a candidate form for the upcoming city election on
October 14`h 2004. We will be co sponsors with the League of Women's Voters. I am
requesting that under City Council policy 11 that High Street Events be charged only the
direct staff costs for the event.
Please feel free to contact me if you have any questions.
President
High Street Events