HomeMy WebLinkAboutAGENDA REPORT 2005 0302 CC REG ITEM 09JTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
ITEM 9.1•
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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Deborah S. Traffenstedt, ATCM /City Clerk � 5 T
February 24, 2005 (CC Meeting of 3/2/05)
SUBJECT: Consider Action Minutes for City Council Meetings and
Records Retention for Electronic Meeting Recordings,
Including Web -Site Archives
BACKGROUND
City Clerks in General Law cities are specifically required to
keep a record, journal of proceedings or minutes of City Council
meetings pursuant to Government Codes 36814 and 40801.
Government Code 36814 states: "The council shall cause the
clerk to keep a correct record of its proceedings. At the
request of a member, the city clerk shall enter the ayes and
noes in the journal." Government Code Section 40801 states:
"The city clerk shall keep an accurate record of the proceeding
of the legislative body and the board of equalization in books
bearing appropriate titles and devoted exclusively to such
purposes, respectively. The books shall have a comprehensive
general index."
Section 2.16.030 of the Moorpark Municipal Code includes the
following language under principal functions of the city clerk:
"Attend all meetings of the city council and be responsible for
the recording and maintaining of a record of all the actions of
the council."
The required record of the city council proceedings and actions
must be sufficient to furnish evidence that the City Council has
complied with the law or rules by which it is governed, and the
facts contained in the minutes are also treated as evidence in a
court of law.
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Honorable City Council
March 2, 2005 Regular Meeting
Page 2
Staff has researched but not found a Moorpark City Council
direction or policy on the format to be used for minutes. The
current summary -type (also known as synopsis) format has evolved
over the years and includes paraphrasing comments made by
Councilmembers, staff and speakers. The length of the minutes
over recent years has become increasingly long, based on
requests to include almost verbatim dialog, resulting in a large
commitment of staff time. It is difficult to edit commentary,
questions, and answers while providing the appropriate and
desired content. The general trend of other cities has been to
delete the detailed narrative consisting of commentary,
questions, and answers and focus on the actions of the Council
(action minutes), which includes motions and votes.
DISCUSSION
Currently the preparation of City Council agendas and minutes
requires the commitment of approximately two - thirds of one
Deputy City Clerk's time. The time involved for one set of
regular meeting summary minutes has increased to approximately
three times the meeting length. If the subject matter is
complex, with a large number of speakers, the time involved for
preparation is even greater. In the past, any staff vacancy in
the City Clerk's Department has resulted in a backlog of minutes
to be prepared, with significant delay in scheduling the minutes
for Council approval. With full staffing, it typically takes a
month from start to finish, including preparation of the first
draft, completion of the in -house staff review, and scheduling
for City Council adoption. With action minutes, the expectation
is that minutes can be completed and scheduled for the next
regular meeting.
Minutes can be prepared in several different formats, including
action minutes, summary or synopsis minutes, or a verbatim
transcript. Even with summary minutes, the amount of detail
included varies significantly between agencies. With the
increased availability of archived electronic files of recorded
meetings on the internet, it is time to rethink the staff
commitment required to prepare detailed summary minutes. As
examples provided under separate cover, the Cities of Simi
Valley and San Buenaventura currently utilize action minutes.
Staff has prepared and attached to this report a sample set of
action minutes for the February 16, 2005, Moorpark City Council
meeting. In comparison to the days required to produce the type
of minutes included as Item 10.A. (October 6, 2004, regular
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Honorable City Council
March 2, 2005 Regular Meeting
Page 3
meeting minutes), the February 16 sample action minutes took
approximately one hour of staff time.
Documentation of public speakers and comments made during the
statutory comment period for an environmental impact report
(EIR) is typically done through the efforts of an experienced
consultant, and would not be affected by a City Council decision
to implement action minutes. Also, the City Council's adopted
California Environmental Quality Act Procedures require the
Planning Commission to hold the Draft EIR public hearing during
the designated public comment period.
As previously mentioned, use of action minutes can be combined
with improving access to searchable meeting archives on the
City's web site. One example is the Granicus "streaming media
solution" system that is currently utilized by the County of
Ventura and many California cities such as Sacramento, Stockton,
Long Beach, Roseville, Brentwood, E1 Segundo, and others. This
type of archival system includes indexing of the meeting
recording so as to permit a direct link between the agenda title
and the recorded meeting discussion for that agenda item and a
searchable archive, permitting a section of any meeting to be
retrieved using a simple keyword search. One or more years of
archived meeting recordings could then be easily accessed via
the City's web site. The cost would range from approximately
$22,000 - $32,000, depending on the modules that may be purchased,
and there is a continuing monthly fee of approximately $750 for
managed services (including monitoring and maintenance of on-
site hardware and technical support) and bandwidth. Even longer
retention of archived meeting recordings could also be
considered, as may be included in a revised City Council Records
Retention Program (and would require additional hardware and
software purchases). Currently both State law and the City
Council approved Records Retention Schedule would permit the
destruction of meeting recordings one year after approval of the
minutes (this would still require Council approval of a records
destruction resolution). In considering a revised retention
policy for meeting recordings, the Council could also give
direction on how long to maintain archives on the City's web
site.
Staff recommends that further discussion on available
alternatives for improving public access and a searchable
archive for City Council meeting recordings on the City's web
site occur in conjunction with budget discussions.
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ATTACHMENT
MINUTES OF THE CITY COUNCIL 'D§VAFF
Moorpark, California February 16. 2005
A Regular Meeting of the City Council of the City of Moorpark
was held on February 16, 2005, 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 7:17 p.m.
2. PLEDGE OF ALLEGIANCE:
Mary Lindley, Community Services 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; Brad Miller, City Engineer;
Captain Richard Diaz, Sheriff's Department;
Laura Stringer, Senior Management Analyst;
Deborah Traffenstedt, Assistant to City
Manager /City Clerk; and Maureen Benson,
Deputy City Clerk.
4. PROCLAMATIONS AND COMMENDATIONS:
A. City Manager's Monthly Report.
Barry Hogan, Community Development Director gave the
monthly report.
5. PUBLIC COMMENT:
None.
The City Council meeting was recessed at 7:36 p.m. to convene
the Redevelopment Agency meeting and reconvened at 8:10 p.m.
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City Council Annotated Agenda J
�U -tiG -uCi
February 16, 2005
Page 2
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Mikos requested Consent Calendar Item 10.A.
be scheduled for a future meeting and Item 10.C. be pulled
from the Consent Calendar for individual discussion.
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Councilmember Millhouse announced a golf tournament to be
held March 14th at the Moorpark County Club to raise funds
for cancer related medical treatment for Breanna Pflaumer,
daughter of Parks and Recreation Commission Thomas
Pflaumer.
Councilmember Millhouse congratulated the Moorpark High
School Academic Decathlon Team for winning at the county
level; and stated the team needs donations to allow them to
move on to the state competition. Donations may be sent to
the high school.
Councilmember Harper stated the Theater on High Street
Melodrama is back in action with a final performance added
for the coming weekend.
Councilmember Mikos reported the Moorpark High School Jazz
Ensemble gave a fantastic performance at the Thousand Oaks
Civic Arts Plaza where their band teacher was honored with
an award.
Mayor Hunter requested the Art in Public Places Committee
convene to prepare written suggestions on types of art and
placement locations for the new Police Services Center, the
remnant piece of property across the street from it and for
the potential new Civic Center.
Mayor Hunter requested the Transportation and Streets
Committee re- examine the traffic signal at Tierra Rejada
Road and Miller Parkway, as it does not appear to be
functioning properly, causing needless delays for
east /westbound traffic.
Mayor Hunter announced City staff is continuing repairs of
potholes on City streets; and requested staff implement
more street sweeping around public improvements projects.
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City Council Annotated Agenda
February 16, 2005
Page 3
8. PUBLIC HEARINGS:
U �
A. Consider Resolutions Continuing Public Hearings
Concerning the Formation of Community Facilities
District No. 2004 -1 (Moorpark Highlands) and Community
Facilities District No. 2004 -2 (Moorpark Vistas) to
March 16, 2005. (continued from January 19, 2005,
with public hearing open) Staff Recommendation: 1)
Continue to take testimony in the open public hearing;
and 2) Adopt Resolutions Nos. 2005 -2290 and 2005 -2291
continuing the open public hearings to March 16, 2005.
Mr. Riley gave the staff report.
Mayor Hunter stated the public hearing remains open.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to adopt Resolutions Nos. 2005 -2290 and
2005 -2291 continuing the open public hearings to March 16,
2005. The motion carried by unanimous voice vote.
B. Consider Proposals for Community Development Block
Grant (CDBG) Funds ($186,292) for Fiscal Year (FY)
2005/2006. Staff Recommendation: 1) Open the public
hearing and receive public testimony for consideration
in the appropriation of FY 2005/2006 CDBG funds
estimated to total approximately $186,292; and close
the public hearing; 2) Refer this matter to the Budget
and Finance Committee for review prior to the next
regularly scheduled City Council meeting, directing
the Committee to prepare a recommendation for final
appropriations for City Council consideration at the
regular meeting scheduled for March 16, 2005; and 3)
Continue this item with the public hearing closed to
the meeting of March 16, 2005.
Ms. Stringer gave the staff report.
Mayor Hunter opened the public hearing.
Sylvia Munoz Schnopp, Regional Manager of Women's
Economic Ventures, 360 Mobil Avenue, Suite 311 -A,
Camarillo, described the attributes of the program and
requested funding.
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City Council Annotated Agenda
February 16, 2005
Page 4
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Cr
Martha Zeiher, Director of Fund Raising for Loving
Heart Hospice Foundation, 5400 Atlantis Court,
Moorpark, requested funding and described how the
money would be used.
Jim Stueck, Board President of Ventura County Long
Term Care Ombudsman, 4767 Elderbury Avenue, Moorpark,
thanked the City for past support and asked for
continued support and solicited volunteers.
Jim Mangus, Director at Food Share in Ventura County,
thanked the City for previous support and requested
funding for this year.
In response to Mayor Hunter, Ms. Traffenstedt stated
there is one Written Statement Card from Douglas
Martin, representing Consumer Credit Counseling
Services of Ventura County stating they have an
application for $6,371 to assist offering debt,
credit, housing, budget education and counseling to
low and moderate income residents.
Mayor Hunter closed the public hearing.
MOTION: Councilmember Mikos moved and Councilmember Parvin
seconded a motion to: 1) Refer this matter to the Budget
and Finance Committee for review prior to the next
regularly scheduled City Council meeting, directing the
Committee to prepare a recommendation for final
appropriations for City Council consideration at the
regular meeting scheduled for March 16, 2005; 2) Continue
this item with the public hearing closed to the meeting of
March 16, 2005; and 3) Direct staff to send a letter to
federal and state representative expressing opposition to
the national movement to eliminate CDBG funds. The motion
carried by unanimous voice vote.
C. Consider an Amendment to Specific Plan No. 95 -02
Relating to the Development Standards of Specific Plan
No. 2; Zoning Ordinance Amendment No. 2004 -05, a
Request to Amend Chapter 17.74 of the Moorpark
Municipal Code Relating to the Development Standards
of Specific Plan No. 2; and Residential Planned
Development Nos. 2004 -02 and -03, for Construction of
a Total of 132 Single- Family, Detached Residential
Units within Specific Plan No. 2, Located
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City Council Annotated Agenda
February 16, 2005
Page 5
Approximately One -Half Mile North of the Northerly
Terminus of Spring Road and Three - Fourths of One Mile
East of Walnut Canyon Road, on the Application of
Pardee Homes. Staff Recommendation: 1) Do not hold a
public hearing or take public testimony; and 2) Remove
the item from the City Council Agenda calendar and
direct staff to re- advertise and re- notice.
Mr. Hogan stated due to a problem with noticing this
item will need to be rescheduled to a future date.
MOTION: Councilmember Harper moved and Councilmember
Parvin seconded a motion to remove the item from the City
Council Agenda calendar and direct staff to re- advertise
and re- notice. The motion carried by unanimous voice vote.
AT THIS POINT in the meeting, the City Council recessed. The
time was 8:49 p.m. The meeting reconvened at 9:03 p.m.
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Report on January 2005 Winter Storm. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Miller gave the staff report.
Jarrod Degonia, representing County Supervisor Judy
Mikels, responded to Council questions and concerns
about the lack of coordinated action by different
County agencies and departments. He provided
information on County communications during the
January 2005 Winter Storm and announced a meeting next
Wednesday between General Services, Watershed
Protection District and the Department of Fish and
Game at Happy Camp Canyon Regional Park.
CONSENSUS: It was the consensus of the Council to receive
and file the staff report.
B. Consider Draft Seven Year Capital Improvement Program
(CIP) for Streets and Roads. Staff Recommendation:
1) Consider possible changes to the draft document as
deemed necessary and appropriate; 2) Direct staff to
forward the draft document, as amended, to the
Planning Commission for review and comment, as
required by Section 65401 of the Government Code; and
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City Council Annotated Agenda
February 16, 2005
Page 6
3) Direct staff to bring the draft document back to
the City Council for final approval.
Mr. Gilbert gave the staff report.
In response to Mayor Hunter Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember Millhouse moved and Councilmember
Parvin seconded a motion to: 1) Direct staff to forward
the draft document to the Planning Commission for review
and comment, as required by Section 65401 of the Government
Code; and 2) Direct staff to bring the draft document back
to the City Council for final approval. The motion carried
by unanimous voice vote.
C. Consider Resolution Amending the Fiscal Year 2004/05
Budget to Fund the Procurement of Certain Equipment
Deemed Necessary to Facilitate the City's Emergency
Response Efforts. Staff Recommendation: Adopt
Resolution No. 2005 -2292. ROLL CALL VOTE REQUIRED
Mr. Gilbert gave the staff report.
In response to Mayor Hunter Ms. Traffenstedt stated
there were no speakers.
Mayor Hunter suggested the Gas Tax Fund should provide
half of the funding.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to adopt Resolution No. 2005 -2292, as
amended to provide for equal funding from the Gas Tax Fund
and the General Fund. The motion carried by unanimous roll
call vote.
D. Consider Awarding a Contract for the Construction of
the Los Angeles Avenue /Beltramo Ranch Road Widening
Project and Adoption of a Resolution Amending the
Fiscal Year 2004/05 Budget to Revise the Project
Appropriations. Staff Recommendation: 1) Approve the
award of a construction contract to Berry General
Engineering, Inc. for the construction of the subject
project; and 2) Adopt Resolution No. 2005 -2293. ROLL
CALL VOTE REQUIRED
Mr. Gilbert gave the staff report.
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City Council Annotated Agenda
February 16, 2005
Page 7
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In response to Mayor Hunter Ms. Traffenstedt stated
there were no speakers.
MOTION: Councilmember
Harper seconded a motion
construction contract to
for the construction of
Resolution No. 2005 -2293.
roll call vote.
Parvin moved and Councilmember
to: 1) Approve the award of a
Berry General Engineering, Inc.
:he subject project; and 2) Adopt
The motion carried by unanimous
E. Consider Status Report on Mission Statement,
Priorities, Goals and Objectives for Fiscal Year
2004/2005 and Direction for Fiscal Year 2005/2006.
Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Kueny stated a request has been received to allow
more time for Council review; and recommended a
continuance to March 2, 2005.
In response to Mayor Hunter, Ms. Traffenstedt stated
there were no speakers.
CONSENSUS: It was the consensus of the Council to continue
this item to March 2, 2005.
10. CONSENT CALENDAR:
MOTION: Councilmember Harper moved and Councilmember
Millhouse seconded a motion to approve the Consent Calendar
with the exception of Items 10.A. and 10.C., which were
pulled for individual consideration. The motion carried by
unanimous roll call vote.
B. Consider Approval of Warrant Register for Fiscal Year
2004 -2005 - February 16, 2005.
Manual Warrants
Voided Warrant
118395 - 118398
118492 & 118493
$ (0.00)
Payroll Liability 118390
- 118394 &
$
1,708.75
Warrants 118504
- 118508
$
1,708.75
Regular Warrants 118399
- 118488 &
$
38,213.15
118489
- 118503
$
633,897.98
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City Council Annotated Agenda
February 16, 2005
Page 8
Staff Recommendation: Approve the warrant register.
D. Consider Release of Letter of Credit for Moorpark Club
Partners, LLC. Staff Recommendation: Authorize the
City Clerk to release Letter of Credit #0491.
E. Consider Final Map Approval for Tract Map No. 5394.
Staff Recommendation: Authorize the Mayor and City
Clerk to sign and the City Clerk to cause Parcel Map
5394 to be recorded in the office of the Ventura
County Recorder.
F. Consider Continuation of Local Emergency. Staff
Recommendation: Continue the proclamation of a local
emergency.
G. Consider Design and Specifications for New Playground
Equipment at Virginia Colony Park and Waiver of the
City's Purchasing Procedures. Staff Recommendation:
Approve the design and specifications for the
replacement of playground equipment for Virginia
Colony Park, waive the City's purchasing procedures,
and authorize purchase of Miracle play equipment from
the California Multiple Award Schedule list.
H. Consider Approval of Regular Meeting Schedule for City
Council Public Safety Standing Committee for Calendar
Year 2005. Staff Recommendation: Approve Regular
Meeting Schedule of second Wednesday of each month at
5:00 p.m.
The following items were pulled from the Consent Calendar for
individual consideration.
A. Consider Approval of Minutes of Regular Meeting of
September 15. 2004.
Staff Recommendation: Approve the minutes.
MOTION: Councilmember Mikos moved and Councilmember Harper
seconded a motion to remove this item from the Council
calendar to allow more time for review. The motion carried
by unanimous voice vote.
C. Consider Installation of Bike Lanes on the Collins
Drive Bridge. Staff Recommendation: Staff and the
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City Council Annotated Agenda
February 16, 2005
Page 9
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Transportation and Streets Committee recommend no
action be taken on this proposal.
MOTION: Councilmember Millhouse moved and Councilmember
Harper seconded a motion to recommend no action be taken on
this proposal. The motion carried by unanimous voice vote.
11. ORDINANCES:
None.
12. CLOSED SESSION:
Mr. Kueny requested the Council go into closed session for
discussion of Item 12.A. (one case) on the agenda.
Mr. Montes announced the facts and circumstances creating
significant exposure to litigation consist of written
communication dated February 91 2005, threatening
litigation received from the Law Office of Kate M.
Neiswender.
MOTION: Councilmember Harper moved and Councilmember Parvin
seconded a motion to adjourn to closed session for a discussion
of Item 12.A. (one case). The motion carried by unanimous voice
vote. The time was 10:48 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 Councilmembers Harper,
Mikos, Millhouse, Parvin, and Mayor Hunter; 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 11:10 p.m. Mr.
Kueny stated Item 12.A. (one case) was discussed and there
was no action to report.
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City Council Annotated Agenda
February 16, 2005
Page 10
13. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 11:10 p.m.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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000249