Loading...
HomeMy WebLinkAboutMIN 2004 1006 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 6, 2004 A Regular Meeting of the City Council of the City of Moorpark was held on October 6, 2004, 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 7:28 p.m. 2. PLEDGE OF ALLEGIANCE: Barry Hogan, Community Development 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; Cynthia Borchard, Administrative Services Director; Brad Miller, City Engineer; Captain Richard Diaz, Sheriff's Department; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and Maureen Benson, Deputy City Clerk. 4. PROCLAMATIONS AND COMMENDATIONS: A. Certificate of Recognition for Country Days Theme Contest Winner, Scott Tipping. Mayor Hunter presented Scott Tipping with a certificate of recognition for creating the winning Country Days theme "In Harmony with Nature ". 5. PUBLIC COMMENT: Harvey Plaks, a Moorpark resident, representing several residents on Mira Sol Drive, spoke in regard to the Calleguas Municipal Water District waterline installation under Los Angeles Avenue. He expressed concerns regarding Minutes of the City Council Moorpark, California Page 2 October 6, 2004 residents affected by vibrations caused by heavy trucks traveling over the uneven pavement; the closure of Mira Sol Drive; unsafe visual obstructions due to construction; violation of the construction contract due to the use of pile drivers; the lack of dust control; sinking of residential property adjacent to the roadway resulting in cracking of slabs; and relocation of the traffic pattern to the curb -line within a few feet of homes. Mr. Plaks stated the residents have filed an action against Calleguas Municipal Water District and Caltrans for this project, which has created a great disruption to the City and has caused property damage. He suggested in the future, the City set up an ombudsman for any future problems so the residents have some recourse. In response to Mayor Hunter, Mr. Plaks requested the City make a contact phone number available for citizens to report problems. Mayor Hunter stated he talked to the President of Valverde Construction Company who stated there will be four to five more weeks for excavation and removal of equipment and then minor striping of the roadway, so by mid - November all equipment should be removed and the road returned to normal. Linda Plaks, a Moorpark resident, expressed concerns regarding safety due to the increased traffic along State Route 118 traveling so close to the block wall along her property on Mira Sol Drive. She asked for assistance from the City to increase the height of the wall to create a sound barrier and to increase safety. Romayne Hawkinson, a Moorpark resident and member of the Fremont Street Association, spoke in regard to the Shea Home development adjacent to their properties and requested a 10 -foot high wall around their property. He asked to keep their neighborhood separate from the new development with its two -story homes by enforcing 12 -foot setbacks between the properties. Mr. Hawkinson also spoke about the elimination of the easement for power lines and asked if there is a procedure to get it back. In response to Mayor Hunter, Mr. Hogan stated the City Council approved Shea Homes, Phase I, on land west of the Fremont Street properties with a retaining wall and a six - foot wall separated by five feet of landscaping. He continued by stating, on the other side is a proposed Minutes of the City Council Moorpark, California Page 3 October 6, 2004 eight -foot wall recommended for approval by the Planning Commission, which has not yet come to the City Council for an approval decision. In response to Mayor Hunter, Mr. Hogan stated the easement is currently for power lines and the Planning Commission conditions of approval for this project require undergrounding of utility lines. He stated he would be happy to research the easement to see if Southern California Edison owns it. Mayor Hunter requested Mr. Hawkinson leave his name and address with Mr. Hogan to make sure he is noticed for the City Council hearings on Shea Homes, Phase II. Raymond Hebel, a Moorpark resident, submitted a petition signed by residents living adjacent to State Route 118, requesting a new sound barrier wall be erected to protect their homes and families from the noise pollution, dust, and fumes from the traffic. He stated the alternate truck route, displayed on a City map available for viewing when he originally purchased his home, has not materialized; and suggested the proposed sound wall be installed using developer funds since they were supposed to pay for the alternate truck route. Martha Rose, a Moorpark resident, spoke about cracks in her fireplace caused by the construction along State Route 118; and a car traveling on SR -118, which drove through her wall. She stated speeds along SR -118 are at freeway rates and the residents deserve a sound barrier wall. Mayor Hunter directed staff to provide a follow -up report to Council on this subject. Councilmember Millhouse stated State Route 118 is a State Highway over which the City has no control; the number of trucks using the roadway cannot be limited by the City; and this City Council has taken action regarding the gravel trucks using an alternate route, which will put them on State Route 23 at a cost of $75- million for which the State has provided no funding. He continued by stating, in order to move forward with any road project, it must be placed on the State list and then approved for funding; Moorpark is fortunate to have this alternate route for the gravel trucks selected for funding by the Ventura County Transportation Commission; the Port of Hueneme is trying to put more traffic on SR -118; the State Transportation Minutes of the City Council Moorpark, California Page 4 October 6, 2004 Commission is not proposing any funding for highway improvements; and the Initiative (Measure B) on the November ballot regarding the one -half cent sales tax would provide funding for road improvements in Ventura County. He continued by stating staff should study the sound wall proposal to determine cost and funding sources; and if Measure B passes in November the Council would fight to use the funding for the wall. Councilmember Mikos recommended this subject be referred to the Transportation and Streets Committee for review. Councilmember Harper stated a legitimate fix is probably years off; the consultant hired by the City to study removing the trucks from local roadways reported little hope; the alternate truck route was on the map; however, there was no way to fund it; the sound wall is a good suggestion; and local sources, such as the gas tax should be considered for funding. AT THIS POINT in the meeting, the City Council recessed to convene a meeting of the Moorpark Redevelopment Agency. The time was 8:04 p.m. The City Council meeting reconvened at 8:13 p.m. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Harper requested Item 10.F. be pulled from the Consent Calendar for individual consideration. 7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Councilmember Mikos congratulated all those involved with Country Days, as it was a great success. Councilmember Parvin concurred and stated Country Days was very well orchestrated. Councilmember Millhouse announced a Moorpark College Foundation Fundraiser for November 6, 2004, to be held at Wood Ranch Golf Club. Councilmember Millhouse announced La Reina High School will hold its annual fund raiser auction at the Ronald Reagan Library on November 6, 2004. Councilmember Millhouse announced the Moorpark High School Girls Soccer program is looking for a new sponsor and Minutes of the City Council Moorpark, California Page 5 October 6, 2004 anyone interested in supporting this youth sport should contact Karen Lindsey at Troop Realty. Mayor Hunter announced local Moorpark bands will jam at the Arroyo Vista Recreation Center this Friday, October 8th. Performances by Juggernaut, One Last Breath, Berreta, and Syngaia are set to take place from 7:30 -10:00 p.m. Admission is free. Mayor Hunter announced everyone is invited to skate at the Arroyo Vista Skatepark on Thursdays and Fridays from 3:00- 6:00 p.m. Safety equipment including helmet, elbow and knee pads, and a new skate park waiver are required. For more information contact Arroyo Vista Recreation Center at 517 -6300. Mayor Hunter announced the Active Adult Center, in conjunction with the Visiting Nurse Association, is holding a flu shot clinic on Wednesday, October 13 from 1 -4 p.m. the cost for individuals age 13 -54 is $20. For those individuals age 65 and older, who are on Medicare, but not enrolled in a Medicare HMO the fee is $20. Please call the Active Adult Center at (805) 517 -6261 to make a reservation. Mayor Hunter announced the north Metrolink parking lot will be closed Sunday, October 24th for the Roam'n Relics Car Show. Mayor Hunter announced residents can dispose of household hazardous waste for free on the second Friday of every month and the second and third Saturday of every month. Common household waste includes paint, cleaning chemicals, garden chemicals, fluorescent light tubes, batteries, motor oil, and oil filters. For more information call Community Services hotline, 517 -6315 or visit the City's web page, www.ci.moorpark.ca.us Councilmember Millhouse stated he would like to give a brief presentation as a future agenda item on the highlights of the Ventura County Transportation Commission's draft Congestion Management Plan and to solicit comments on the items that impact Moorpark. 8. PUBLIC HEARINGS: None. Minutes of the City Council Moorpark, California Page 6 October 6, 2004 9. PRESENTATION /ACTION /DISCUSSION: A. Consider Agreement with Adelphia Communications Corporation dba Century -TCI California, L.P. for Cable Television Franchise Renewal. (continued from September 15, 2004) Staff Recommendation: Approve Franchise Renewal Agreement with Adelphia Communications Corporation subject to final language approval by the City Manager and City Attorney. Mr. Riley gave the staff report and thanked Councilmembers Harper and Millhouse, as members on the Cable Communications Franchises Ad Hoc Committee, who worked long and hard to protect the City's interests. Mr. Riley stated representatives from Adelphia Communications are available for questions. In response to Councilmember Mikos, Mr. Riley stated there is an opportunity on the cable system for an additional educational channel; the I -Net sites include the new City Hall and all facilities on the campus; the typographical error "Country" on stamped page 69 will be corrected to read "County "; there would be costs associated with including any future Moorpark Unified School District (MUSD) school sites; and Moorpark College and MUSD have been contacted for input on which buildings they would want included, as the work must be completed within the next three years in order to receive the same pricing. In response to Councilmember Parvin, Mr. Riley stated if Moorpark College and MUSD are interested, the list would be reviewed and additional sites added at a prorated cost; most renewal contracts are for only 10- years; the City's primary objective was to include the I -Net system for 10 -years with an extra five years added for special features. In response to Mayor Hunter, Mr. Riley confirmed the initial grant of $175,000, is payable upon execution of the agreement; the subsequent grant of $150,000 is payable within five years of the signing of the agreement with no right of refusal; the $9,000 per quarter is guaranteed for the life of the agreement; and Number 2 of the document can be modified to add clarity indicating the intent to include existing City buildings, the library, the new City Hall and any future buildings to be serviced by the same outlet. Minutes of the City Council Moorpark, California Page 7 October 6, 2004 Mayor Hunter stated he shares Councilmember Parvin's concern over the term length of the agreement, but is satisfied by Mr. Riley's explanation. In response to Mayor Hunter, Steve Nabor, representing Adelphia Communications Corporation, 2323 Teller Road, Newbury Park, California, stated the quarterly franchise payment to the City is an industry standard, a monthly payment would need to be researched to see if it is feasible for the accounting staff; and he will provide that answer to staff. Councilmember Millhouse, as a member on the Cable Communications Franchises Ad Hoc Committee, shared the history of the Federal Government's preemption of the whole cable industry with no local control over content or rates; and encouraged residents to contact Congress with any complaints. He stated this agreement was negotiated for 15 years due to the tremendous financial benefit the City receives in terms of upgrading its ability to broadcast meetings and public events; the equipment is state -of- the -art and broadcasting has also been made available to Moorpark College and MUSD. Councilmember Millhouse stated he has two concerns with the agreement since enforcement of service standards is difficult and it is essential that if not met, Adelphia must pay a monetary penalty, and in that regard he would like to increase the Letter of Credit beyond $25,000; and secondly he is concerned about the effects of a sale of the Adelphia franchise and does not see any protections for this in the agreement. In response to Councilmember Millhouse, Karl Pilnick, of Telecommunications Management, stated if the Adelphia system is sold, which is highly likely, to either Comcast or Time Warner, it may be much more difficult to negotiate a new agreement with these larger companies; this makes the 15 -year agreement very desirable; and keep in mind the Federal and State governments are trying to take these benefits away completely. He continued by stating the standards and quality of service are incorporated in the agreement by the Ordinance adopted; specific standards are difficult to enforce, but not impossible; if the City Minutes of the City Council Moorpark, California Page 8 October 6, 2004 assesses fines, the $25,000 Letter of Credit must be replenished to that amount. Councilmember Millhouse expressed concern if the Letter of Credit is not replenished, the City faces a dilemma; however, he is reticent to raise the limit to $50,000 and jeopardize the agreement. Mr. Riley described the system setup with Adelphia for monitoring complaint calls via email communication and a follow -up system for recording them. He stated the City needs to be diligent in recording these complaints. Mr. Naber stated City staff has been very diligent; and the agreement is fair for both parties. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to approve Franchise Renewal Agreement with Adelphia Communications Corporation subject to final language approval by the City Manager and City Attorney. Mayor Hunter asked for consideration for monthly payments if acceptable to Adelphia Communications and as long as the consideration does not hold up the agreement. AMENDMENT TO THE PRIOR MOTION: Councilmember Mikos moved and Councilmember Harper seconded an amendment to the prior motion to include a monthly payment plan for Adelphia Communications as long as it does not hold up the agreement. The motion carried by unanimous voice vote. B. Consider Teen Council Appointment to Fill One Vacancy. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. CONSENSUS: It was the consensus of the Council to consider applicants from the April 30th applicant list on file. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to appoint Kellen Grant Moore to fill the Minutes of the City Council Moorpark, California Paae 9 October 6, 2004 vacancy on Teen Council. The motion carried by unanimous voice vote. C. Consider the Retail Market and Land Use Feasibilit Study Prepared by Allan D. Kotin and Associates and CB Richard Ellis Consulting. Staff Recommendation: Accept the findings of the Retail Market and Land Use Feasibility Study. Mr. Hogan gave the staff report. He introduced Thomas Jirovsky consultant with Allan D. Kotin and Associates who will discuss amendments to be included in the report. Thomas Jirovsky, Senior Managing Director for Allan D. Kotin and Associates, 949 S. Hope Street, Suite 200, Los Angeles, California, stated he had been retained to evaluate commercial land inventory within the City of Moorpark, to estimate additional retail development to be expected, and to evaluate commercial sites for retail development. Mr. Jirovsky stated, at the time the report was written, the limited right -turn access for Parcel 1 was not made known; and based upon what is known now, Parcel 1 would be placed in a less desirable category for development. In response to Councilmember Mikos, Mr. Jirovsky stated removing the entire block wall from the Mission Bell center would mitigate most of his concerns for retail development of that property. Councilmember Harper stated the report confirms prime property adjacent to the freeway has been used for industrial development instead of commercial development, and there is a meager inventory of available land in the commercial sector. Chuck Cohen, representing Grand Moorpark, LLC, 2801 Townsgate Road, Suite 215, Thousand Oaks, California, spoke about correspondence and an expected amendment to the document; and stated he trusts this amendment will be returned to the Affordable Housing /Community Development Committee for modification. Minutes of the City Council Moorpark, California Page 10 October 6, 2004 Councilmember Mikos stated the correspondence had just been received at 7:00 p.m. and there has not been an opportunity to read it. Councilmember Parvin stated she has some issues with comments in the report regarding the findings and asked Mr. Jirovsky to modify the language used in regard to auto dealerships not being willing to come to Moorpark because there is not enough land to cluster them; and there is no mention of combining services for any mixed -use. Mayor Hunter recommended rather than adopt the findings in the report and to allow more time to review Mr. Cohen's comments the report should be received and filed, as it is not a binding document. Councilmember Millhouse concurred with the recommendation to receive and file the report as there are some areas to challenge in the document. He stated Mr. Cohen should be given some indication that Parcel 1 is not appropriate for retail development and mixed -use adjacent to residential is to be avoided. In response to Councilmember Mikos, Mr. Hogan confirmed the North Park project, if approved, will not have a great effect on the City's commercial base, as residents are unlikely to shop within the city of Moorpark due to their easterly location. In response to Councilmember Mikos, Mr. Hogan stated Parcels 4 and 5, as noted on stamped page 16 of the agenda report, would be more attractive if combined; however, they are under different ownership; and staff has made it known that the architecture and landscape of the two parcels must be designed to look like one property. Councilmember Mikos concurred with Mayor Hunter's suggestion to receive and file the report. Mayor Hunter stated some direction must be provided regarding Parcel 1, as he is not ready yet to accept the consultant's findings that this site is poor for retail development and changing it to residential is premature due to the uncertainty of the removal of the wall. Minutes of the City Council Moorpark, California Page 11 October 6, 2004 Councilmember Mikos concurred. In response to Mayor Hunter, Mr. Hogan stated Mr. Cohen and his client would be advised of a future Affordable Housing /Community Development Committee meeting concerning Parcel 1 of the report. MOTION: Councilmember Parvin moved and Councilmember Harper seconded a motion to receive and file the Retail Market and Land Use Feasibility Study to be used as an informational guide only. The motion carried by unanimous voice vote. D. Consider Discussion of Modifications to the Existing U -turn Prohibitions Located at the Intersection of Miller Parkway and Patriot Drive. Staff Recommendation: Direct staff to modify traffic signal at the intersection of Miller Parkway and Patriot Drive to allow south -to -north u- turns. Mr. Miller gave the staff report. In response to Councilmember Parvin, Mr. Miller stated the demand for full buildup of westbound right -turn traffic was anticipated in this modification. In response to Councilmember Parvin, Mr. Hogan stated Cypress Land Company is moving forward; they do not have a user for the property, as yet; but are confident of industrial moving to Moorpark. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to direct staff to modify the traffic signal at the intersection of Miller Parkway and Patriot Drive to allow south -to -north u- turns. The motion carried by unanimous voice vote. E. Consider Ventura County Library District Analysis of Services and Fiscal Position Report and Recommendations. Staff Recommendation: Direct Councilmember Harper to express the City's support for the current Memorandum of Understanding governance structure and its opposition to the Funding and Service Levels Option Four at the next Library Commission meeting. Minutes of the City Council Moorpark, California Paqe 12 October 6, 2004 Ms. Lindley gave the staff report and corrected the dollar amount on stamped page 128 for under - funding to be $152,000 instead of $26,000. Councilmember Harper stated Library Director, Starrett Kreissman is available to answer questions; Option 4 would allow money from the unincorporated areas now given to cities as part of service areas to be allocated by the Library Commission; a compromise would be to support Option 4 if the base level for Moorpark is raised to 54 -hours a week rather than lose a percentage of funding; or the City could pull out of the library system entirely. In response to Mayor Hunter, Ms. Lindley stated any modifications to the agreement would require unanimous support from all members. Councilmember Mikos stated, no matter which Option is selected, there are winners and losers. Starrett Kreissman, Director of the Ventura County Library, 646 County Square Drive, No. 150, Ventura, California, stated in response to Councilmember Mikos, that Proposition lA would not help supply more dollars, but would prevent a raid on property tax revenues; and she supports Councilmember Harper's compromise position to establish a new level of service for Moorpark. Mr. Kueny stated Option 4 with th address the issue of allowing the retain the property tax from the within its current service area; be treated the same, as we too library. e compromise does not City of Camarillo to unincorporated areas and Moorpark should want to expand our In response to Mayor Hunter, Mr. Montes confirmed that the initiation of litigation could be discussed in closed session. Gilbert Bahn, a Moorpark resident and Vice President of Moorpark Friends of the Library, expressed concern that the Moorpark Library is a branch of the Ventura County Library and the health of the County system is essential to maintaining Moorpark's library as well. Minutes of the City Council Moorpark, California Page 13 October 6, 2004 Councilmember Harper stated the current focus is on Option 4, and he concurs with the glaring inequities Mr. Kueny pointed out. He continued by stating the system is underfunded and the question is whether Moorpark should be a good citizen of the larger Ventura County library system or hold on to what we have, which is already inadequate. MOTION: Mayor Hunter moved and Councilmember Millhouse seconded a motion to discuss this item in closed session. Mr. Montes clarified that the Council would be going into closed session under Item 12.B. on the agenda, and cited Subdivision (c) of Section 54956.9 of the Government Code, conference with legal counsel for anticipated litigation. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the City Council recessed for closed session discussion of one case under Item 12.B. The time was 9:44 p.m. Present in closed session were Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor Hunter; Steven Kueny, City Manager; Joseph Montes, City Attorney; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened from closed session at 10.02 p.m. with no action to report and declared a recess. The meeting reconvened at 10:08 p.m. with all Councilmembers present. In response to Mayor Hunter, Councilmember Millhouse stated this is a troubling issue; libraries need to be funded; Moorpark is in a unique situation wanting to support the library system, while recognizing local responsibilities; and staff's recommendation is for the best right now. He ended by stating he would like more options explored with a focus on the structural flaws of the system. MOTION: Councilmember Millhouse moved and Councilmember Mikos seconded a motion to direct Councilmember Harper to express the City's support for the current Memorandum of Understanding governance structure and its opposition to the Funding and Service Levels of Option Four and to explore, at the next Library Commission meeting, more Minutes of the City Council Moorpark, California Page 14 October 6, 2004 options to make the entire library system more equitable. The motion carried by voice vote 4 -1, with Councilmember Harper dissenting. F. Consider Ordinance Adding Chapter 10.22 to the Moorpark Municipal Code Establishing Cost Recovery of Police Services for Emergency Responses from Driving Under the Influence. Staff Recommendation: Introduce Ordinance No. 308 for first reading. Ms. Borchard gave the staff report. In response to Mayor Hunter, Mr. Montes stated Government Code 53150 states the circumstances under which these costs can be recovered; however, a problem arises from the terms "appropriate emergency response" and "incident" not being defined. He continued by stating cities have been unsuccessful in collecting response costs in a routine traffic stop that results in a DUI arrest; therefore he is attempting to clarify authority in the addition of Section 10.22.020 -B of the Ordinance. Councilmember Parvin requested stamped page 205 be amended to indicate a not guilty person should receive reimbursement within 60 -days. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. Mr. Montes read the title of Ordinance No. 308. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive full reading and introduce Ordinance No. 308 for first reading, as amended to specify the City will reimburse an acquitted motorist within 60 -days of the notification by the court of the acquittal. The motion carried by unanimous voice vote. G. Consider Resolution Approving a Retirement Health Savings (RHS) Program and Trust Agreement with the ICMA Retirement Corporation. Staff Recommendation: Adopt Resolution No. 2004 -2249 approving a Retirement Health Savings Program and Trust Agreement with the ICMA Retirement Corporation for participation by all full -time and regular part -time employees and City Councilmembers and authorize the City Manager to sign the Plan Adoption Agreement and Administrative Minutes of the City Council Moorpark, California Page 15 October 6, 2004 Services Agreement Addendum with ICMA -RC. (Staff: Cynthia Borchard) Ms. Borchard gave the staff report. In response to Councilmember Mikos, Ms. Borchard confirmed this is strictly optional, but once elected is irrevocable; and the only cost to the City is minimal in setting up any payroll deduction, remitting those to ICMA, and related reporting. In response to Councilmember Mikos, Mr. Kueny stated under the PERS health plan the City presently pays three times the minimum amount upon retirement; and has agreed in the most recent Memorandum of Understanding with employees to correct this to be only a payment of the minimum. He concluded by stating employees need to save to supplement health insurance costs after retirement. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2249 approving a Retirement Health Savings Program and Trust Agreement with the ICMA Retirement Corporation for participation by all full -time and regular part -time employees and City Councilmembers and authorize the City Manager to sign the Plan Adoption Agreement and Administrative Services Agreement Addendum with ICMA -RC. The motion carried by unanimous voice vote. H. Consider Resolution Supporting Proposition 1A- "Protection of Local Government Revenues ": Constitutional Protection for Local Government Revenues. Staff Recommendation: Adopt Resolution No. 2004 -2250. Mr. Riley deferred the staff report and asked for questions. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Mikos, Mr. Riley stated the City has incurred a loss of approximately $3- million in local revenues. Minutes of the City Council Moorpark, California Page 16 October 6, 2004 Councilmember Millhouse stated Proposition lA prevents the State from taking local funds to balance the State budget. In response to Councilmember Harper, Mr. Montes stated in regard to Measures 65 and Proposition 1A, whichever receives the most votes would prevail. MOTION: Mayor Hunter moved and Councilmember Parvin seconded a motion to adopt Resolution No. 2004 -2250. The motion carried by unanimous voice vote. I. 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. Staff Recommendation: Direct staff as deemed appropriate. Ms. Traffenstedt gave the staff report. In response to Mayor Hunter, Mr. Montes clarified Civil Code Section 47 stating it grants immunity to persons who make or broadcast defamatory statements during the context of a public government meeting; however, if the Candidates Forum goes forward and is rebroadcast on Government Channel 10, it does not appear it would be exempt from Civil Code Section 47 and accordingly there is the risk that participants would be potentially liable for defamatory statements. He concluded by stating the programming for Channel 10 is intended to be dictated by the City and if opened to programs that are not City- sponsored there is potential for interpretation that this is a public forum; and Channel 25 is the public access channel. In response to Mayor Hunter, Ms. Traffenstedt stated there were no speakers. In response to Councilmember Parvin, Mr. Montes confirmed that if Videomax donated their production services and recorded this event and it was made available for viewing on Channel 25, which is controlled by Adelphia, the City would not be involved. Minutes of the City Council Moorpark, California Page 17 Councilmember Harper expressed no representative present to therefore he is reluctant to act. October 6, 2004 concern that there is answer questions and Councilmember Parvin provided a list of questions prepared for the Candidates' Forum and asked Mr. Montes to respond to Question No. 3. In response to Councilmember Parvin, Mr. Montes quoted Question No. 3, stating, "Some claim that Moorpark has more than its share of lawsuits. Do you view this as a true claim and has Moorpark handled these claims in a reasonable manner. What can be done to reduce this drain on the City treasury ?" Mr. Montes responded by stating it is like asking, "Do you still beat your wife ?" He continued by stating in his work for a law firm that represents several cities in the State, Moorpark has less than its fair share of lawsuits; it is presumptuous to assume in the first part of the question that Moorpark has more; with regard to handling claims in a reasonable manner it would be difficult for any Councilmember running for re- election to comment on this since they would be constrained from revealing information from closed session. Councilmember Parvin stated there are more "loaded" questions on the list which represent a challenge to the candidates. Councilmember Harper reiterated his concern and Mayor Hunter concurred that without a representative present to answer questions and to confirm where the video is intended for rebroadcast it is difficult to proceed. Mayor Hunter stated the City faces a very serious potential liability issue by moving forward without exploring options with the sponsoring organization. Councilmember Millhouse stated he and Councilmember Mikos are in an awkward position regarding this item; however, there will be an opportunity for discussion as another candidate's forum, sponsored by the Moorpark Chamber of Commerce will be held on October 29th at Baducco's restaurant. Minutes of the City Council Moorpark, California Page 18 October 6, 2004 Councilmember Mikos concurred the situation is awkward without representatives available to answer questions, regarding the legal issues raised in the staff report. CONSENSUS: It was the consensus of the Council to take no action. 10. CONSENT CALENDAR: MOTION: Councilmember Harper moved and Councilmember Parvin seconded a motion to approve the Consent Calendar with the exception of Item 10. F., which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of June 2, 2004. Consider Approval of Minutes of Regular Meeting of Julv 7, 2004. Consider Approval of Minutes of Special Meeting of September 8, 2004. Consider Approval of Minutes of Special Meeting of September 15, 2004. Staff Recommendation: Approve the minutes. B. Consider Approval of Warrant Register for Fiscal Year 2004 -2005 - October 6, 2004. Manual Warrants Voided Warrant Payroll Liability Warrants 117294 - 117297 117303 - 117304 115242 & 116740 & 116867 & 117203 117298 - 117302 $ 93,506.59 $ 485.00 $ (5,254.02) $ 1,862.03 Regular Warrants 117305 - 117424 $ 65,388.01 117425 - 117449 $ 812,584.85 Staff Recommendation: Approve the warrant register. C. Consider Resolution Establishing a "No Stoppinc Anytime" Zone on Flory Avenue. Staff Recommendation: Adopt Resolution No. 2004 -2251. Minutes of the City Council Moorpark, California Paqe 19 October 6, 2004 D. Consider Approval of a New Traffic Sianal Maintenance Agreement. Staff Recommendation: Authorize the City Manager to sign Agreement with Republic Electric to provide traffic signal maintenance services to the City. E. Consider Plans and Specifications and Authorization to Advertise for Bids for a Project to Provide a Double Left -Turn Lane on Spring Road at Tierra Rejada Road. Staff Recommendation: Approve the plans and specifications for the subject project and authorize staff to advertise for receipt of bids for construction of the project. G. Consider Resolution Authorizing the Destruction of Certain Records. Staff Recommendation: Adopt Resolution No. 2004 -2252. The following item was pulled from the Consent Calendar for individual consideration. F. Consider an Update on Expansion Activities at the Port of Hueneme. Staff Recommendation: Receive and file report. Councilmember Harper stated the Port Authority has requested the Navy turn over a large portion of the harbor and he would like a future agenda item be scheduled to authorize a letter be sent to the Navy to express opposition to transfer of the land since Moorpark would be the recipient of the additional truck traffic generated. Councilmember Millhouse concurred and stated even without expansion, the Port is growing; and the emphasis should be on looking at putting more product on rail instead of trucks. Councilmember Parvin concurred, but stated employment and economics of the region should also be considered due to the expansion of the Port. Mayor Hunter directed staff to agendize this as the first item for discussion in two weeks. Minutes of the City Council Moorpark, California Page 20 October 6, 2004 CONSENSUS: It was the consensus of the Council to agendize expansion Activities at the Port of Hueneme for discussion on October 20, 2004. 11. ORDINANCES: A. Consider Ordinance No. 305, An Ordinance of the City of Moorpark, California, Authorizing an Amendment to the Contract between the City Council of the City of Moorpark and the Board of Administration of California Public Employees' Retirement System (CalPERS) . Staff Recommendation: Declare Ordinance No. 305 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 305. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to waive further reading, declare Ordinance No. 305 read for the second time, and adopted as read. The motion carried by unanimous voice vote. B. Consider Ordinance No. 306, An Ordinance of the Cit of Moorpark, California, Amending Section 3.08.010 and Section 3.08.030 of Chapter 3.08 of Title 3 of the Moorpark Municipal Code, Establishing Informal Bidding Procedures for Certain Public Projects. Staff Recommendation: Declare Ordinance No. 306 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 306. MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to waive further reading, declare Ordinance No. 306 read for the second time, and adopted as read. The motion carried by unanimous voice vote. C. Consider Ordinance No. 307, An Ordinance of the Cit of Moorpark, California, Amending Section 2.04.055, Compensation, of Chapter 2.04 City Council, Title 2, of the Moorpark Municipal Code. Declare Ordinance No. 307 read for the second time and adopted as read. Ms. Traffenstedt read the title of Ordinance No. 307. MOTION: Councilmember Millhouse moved and Councilmember Parvin seconded a motion to waive further reading, declare Ordinance No. 307 read for the second time, and adopted as Minutes of the City Council Moorpark, California Page 21 October 6, 2004 read. The motion carried by voice vote 3 -1, with Mayor Hunter dissenting and Councilmember Mikos abstaining. 12. CLOSED SESSION: Mr. Kueny requested that the City Council go into closed session for discussion of Items 12.B., 12.E., 12.F. and 12.G. on the agenda. MOTION: Councilmember Harper seconded a motion to adjourn to of Items 12.B. (four cases), agenda. The motion carried by was 10:50 p.m. moved and Councilmember Parvin closed session for a discussion 12.E., 12.F. and 12.G. on the unanimous voice vote. The time 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) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: Approximately 78 -acres of the portion of Happy Camp Canyon Regional Park in the County of Ventura leased to Happy Camp Canyon, LLC City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Happy Camp Canyon, LLC Under Negotiation: Price and terms of payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 500 -0- 391 -115, County of Ventura City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Conejo Valley Unified School District Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0 -091 -080 and APN 512 -0- 091 -100 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation, Inc. (Theater on High /Larry Janss) Under Negotiation: Price and terms of payment Present in closed session were Councilmember Harper, Mikos, Millhouse, Parvin and Mayor Hunter; Steven Kueny, City Minutes of the City Council Moorpark, California Page 22 October 6, 2004 Manager, Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Mikos left the closed session at 11:25 p.m., prior to the discussion of Item 12.E., due to the potential for a conflict of interest, based on the proximity location of her home to the property under consideration. The Council reconvened into open session at 11:30 p.m. Mr. Kueny stated that four cases under Item 12.B. and Items 12.E., 12.F. and 12.G. were discussed and that there was no action to report. 13. ADJOURNMENT: Mayor Hunter adjourn ATTEST: Deborah S. Traffen City Clerk