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HomeMy WebLinkAbout03-19-2002 City Council Study SessionMINUTES CITY COUNCIL STLTDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFOItNIA THURSDAY, MARCH 19, 2002 ***,~~****,~******,~**************************************,~**«** CALL TO ORDER Mayor Kelley called the Study Session to order at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Police Chief Walsh, Information/Communications Manager Dennis, City Treasurer Ferro and Deputy City Clerk Paredes. DISCUSSION ITEM City Council Policies Assistant City Manager Best stated that there were several policies in progress, however what was before Council was Councilman Buckley's proposal for a new policy. She explained that City Manager Watenpaugh had other policies to bring before Council, however after further review it was decided that they were more land use policies and should be considered at a sepazate Study Session. She indicated that the only other policy that staff would ask that Council consider setting was a policy to set regular dates for Study PAGE TWO - STUDY SESSION - MARCH 19, 2002 Session. She suggested every other Tuesday. Councilman Buckley stated that there had been previous discussions regarding holding Study Sessions every other Tuesday, and commented that if Council knew that every other Tuesday was a potential Study Session, then they would keep their calendazs open and be available and save staff time that they currentIy spend trying to coordinate meetings and Study Sessions. Council concurred that a policy should be set for fixed Study Sessions and brought back to Council for consideration. City Attorney Leibold asked if any Councilmember had a standing committee meeting on the 1~` and 3'~ Tuesdays of the Month. Council indicated that they did not. Councilman Buckley stated that he had no intention of micro managing in any way,'shape or forr.,, however there was the intent to get the maximum amount of information. He noted that date books • and phone logs were public records; therefore it would be public record when anyone set a meeting. He stated that it was Council's fiduciary responsibility to examine any and all invoices and back-up material. He stated that cell phones and fax machine numbers were public record, since they werepaid for by City funds, and suggested those numbers should be provided. Councilman Buckley suggested adding a policy that the City would employ an outside firm to perform an entire process sudit. He stated that it should include how the public would get a building permit; how decisions were made internally etc, and indicated that it could only happen every five yeazs and would not create too much of an expense. He commented that sometimes r,onsultants had good ideas, and sometimes not, however at the least they would produce a book, which would explain how the City was supposed to work, which could be placed on the front counter for the public. He further coznmented that the book the consultant generated could become the bible of the City processes, therefore the public would feel assured that everyone was treated the same. He noted that there were exceptions, however it would provide a good general format for policies and procedures. PAGE THREE - STUDY SESSION - MARCH 19, 2002 Councilman Hickman suggested that a policy be addressed to keep the City Council informed of Economic Development. He stated that he did not like the idea of not knowing that Miller's Outpost closed and his wife had to tell him. Mayor Kelley indicated that it was due to a national bankruptcy. Mayor Pro Tem Schiffner explained that the City would have no involvement in the closure and noted that when Builders Emporium closed, the Lake Elsinore store was one of their best stores, however the whole corporation fell and Lake Elsinore lost the stare. Mayor Kelley commented that some potential business owners approached the City of Lake Elsinore, but they were not ready for theii presence to be made pubiic since they might be in negotiaUons. Councilman Buck:ey stated that when he first met with City Manager Watenpaugh it was explained that the City had a bad reputation for having ground breaking on businesses that did not develop. He further stated that he felt that staff had gone too far. He indicated that staff had asked the Council to trust their judgment and he feh that staff needed to trust the Council's judgment that they would use proper discretion. Councilwoman Brinley noted the groundbreaking for the racetrack and that the deal fell through and had gone nowhere after that. She noted that the City Council at that time wished to push things forwazd and there was not the opportunity to make sure that the deal was firm and that the project would occur. Mayor Kelley c.larified that if an interested business met with City Manager Watenpaugh and Assistant City Manager Best to obtain information regarding the City, and did not want it made common knowledge to the public that they were interested in the City since they might be negotiating in another area as well, they would not be able to do so. She indicated tfiat she felt that Council could be informed, however Councilman Buckley was proposing that any and PAGE FOUR - STiJI)Y SESSION - MARGH 19, 2002 all meetings be disclosed to the public upon request. She noted that it would mean that if business "X" came to City staff and stated that they were investigating the City, however they did not wish to have their interest madepublic because they were negotiating with someone in Temecula or Murrieta their request would not be honored since Councilman Buckley's policy stated "as requested by any member of the public". Counciiman Buckley stated that the date book and the phone log are public record and anyone in the City could demand to see those items and figure out who was approaching staff. Councilwoman Brinley commented that if it were not a solid deal and they were investigating the City or the City investigating them, and the public got wind of the meeting; by the time it went thro~xgh the rumor mill and came back to Council there would be a hsge amount of misinformation. She stated that until 1994/95 everything was public and former. City Manager Molendyk had to slow Council down, however Mr. Molendyk did keep Council informed if he was having meetings with businesses that were expressing interest in the City. Mayor Pro Tem Schiffner stated that he felt that the Council should have confidence in staff to advise Council when things are happening that Council should know about. He indicated that he was not in favor of changing the policy at all. He commented that he felt there were many times when the City Manager's Office had met with people and did not inform Council, because they talked to the people and knew that the bus'nesses did not want the public informed. He indicated that he was perfectly content to have confidence in the: staff to let him know about the things they felt he should know about. Councilman Buckley questioned who decided who needed to know what. He stated that the people of the City decided the Gouncil was group of the people that needed to know as much information as possible to run the City. PAGE FIVE - STUDY SESSION - MARCH 19, 2002 Mayor Kelley stated that the Council set the policy and the City Manager was expected to perform. She indicated that if Council thought that at any point and time they were not getting the correct information, then it would be Council's responsibility to look to the City Manager for that. Counciiman Hickman asked who made the policy that the warrants were sent prior to authorization. Administrative Services Director Boone stated that he had been with the Gity twelve years and it was in force when he assumed his position: Mayor Pro Tem Schiffner stated that he did not think there was any public agency that had performed any other way. Councilman Buckley stated that EVMWD did. Mayor Kelley stated that must of the warrants were based on contracts that Council had already authorized, or st:~ndard items that had already been adopted in the budget. She explained that when the budget was adopted or a contract approved, then the Council had made a legal financial obligation to pay and the warcants addressed that. Councilman Buckley stated that the City could set a policy where the checks were mailed on the 2"d and 4`~ Wednesday and no other time. He further stated that many other businesses did the same thing. Mayor Pro Tem Schiffner questioned if Gouncilman Buckley and Councilman Hickman were suggesting that Council go through the lists of warrants and micro-manage every warrant. Councilman Buckley noted that if someone had a conflict, it would allow them the opportunity to abstain. Mayor Pro Tem Schiffner stated that the warrant would have been authorized by the contract approval. Mayor Kelley agreed and stated that if there were a conflict, then that Councilperson would have abstained ~t the time. She indicated that the contracts had been approved and there was no change to be made. Councilman Hickman asked who had set the policy for the hours at City Hall. Mayor Kelley indicated that Council voted on the hours. Councilwoman Brinley stated that due to cuts in staff it was decided to shorten the public hours to allow staff to be more efficient. Mayor Kelley stated that City Hall was closed every Friday, however the PAGE SIX - STUDY SESSION - MARCH 19, 2002 employees are in City Hall every other Friday working. Assistant City Manager Best explained that City Hall had added hours and was now openMonday through Thursday 8:00 am. to 5:00 p.m., with staff available every other Friday. She stated that there were employees in the field every Friday and City Hall employees were available to hold meetings, however the City was still not back up to the staffing levels of 1993. She indicated that there was more happening in the City now than there was then and the Friday allowed staff the opportunity to hold meetings and do field inspections without interrupting service to the publia Councilwoman Brinley asked how many employees the City had in 1993. Administrative Services Director Boone stated that the City employed approximately 90 people. Assistant City Manager Best explaine~ the concerns of businesses that were looking at Lake Elsinore and presented an overview of the procedure that the City Manager's O~ce used to keep the channel of information open to Council. She noted the information that was placed in the Weekly Information Memo, which was a public document, and stated that staff tried to keep Councii informed of the different things tl~at were going on in the City. She noted that if there were a meeting regarding the Theater, K-Mart Building or Back Basin, they would be listed in the Weekly Information Memo, however there were no specifics due to confidentially. Councilman Buckley asked why, and noted when he called Ciry Manager Watenpaugh and asked him about a meeting, he point blank refused to tell him. Assistant City Manager Best stated that she could not speak about the specific day that Counciiman Buckiey called, however she stated that it couid have been one cf the instances where the person had asked for confidentially. Councilman Buckley stated that he had asked generally and City Manager Watenpaugh had stated that his office did not tell the Council, until it was done, about anything, and indicated that he was stunned. Assistant City Manager Best stated that there had been a great number of people that approached the City and did not want their names mentioned at all, and in point of fact the Reeves group was one of those people. She noted that the City Manager's Office did take some flack from Council at that time, however the Reeves PAGE SEVEN - STUDY SESSION - MARCH 19, 2002 group specifically requested that no one was told of their interest or intent because of their competitors. She indicated that if Council wished to change that mode of operation, then she needed to let anyone that she met with know that she would inform all of the Councii who the person was that was making the inquiry and what the inquiry was in regard to. Mayor Pro Tem Schiffner stated that he would like to know for what particular reason Council would need to know or want to know what meetings were occurring. Assistant City Manager Best stated that one of the times that Council would have to know would be if a developer or business wished to use Redevelopment Agency Funds. She indicated that staff did not have the authority to pursue some of the issues and would have to gain permission to share the inquiry with the Agency C'iiair. She explained different special issues that might involve certain members of f;ouncil or the Agency to give full benefit to the inquiry, Councilwoman Brinley stated that she felt that some information sharing was necessary and good, however she felt that the City did need to respect those clients that wished to keep their inquires confidential. Assistant City Manager Best stated that staff could arrange for a study session to address Economic Information and she would invite commercial brokers to provide information as to why certain businesses did not come to Lake Elsinore. Councilwoman Brinley indicated that she felt that a study session wouid be a good idea. City Attorney Leibold stated that staff needed direction regazding what Council wished to address for policies. Mayor Pro Tem Schiffiier stated that he felt that each item should be addressed prior to making a suggestion, City Attorney Leibold stated that there were issues in terms ~f staff time and record keeping and if Council wished staff to maintain a log of ineetings of "who, what, when, why, and how long", then it would consume a tremendous amount of time. She indicated that she did not think that the Attomey General's finding was that personal calendars PAGE EIGHT - STUDY SESSION - MARCH 19, 2002 were wholesale public documents. She noted that the process that staff currentiy followed was that every department provided input to the Weekly Information Memo distributed to Council. She further noted that the Memo provided the information, however not in the detail that Council had C~een discussing, but there was the invitation to call. Councilman Buckley stated that if the Memo had given the information that staff inet with developers adjacent to the Airport, he would know that there was a project that was being discussed and he would have known that it was Vertigo. Mayor Pro Tem Schiffner questioned what information should have beerr provided to Council and asked if the projecthad gone before the Planning Commission. Assistant City Manager Best stated that Vertigo was beginning to make submittals to the Planning Commission regarding a proposal to come before Planning Commission. She noted that because :t would be an Industrial Building it would ultimately come before Council. Mayor Pro Tem Schiffner stated that in proper course it would be before Council. He stated that the fact that they were thinking about it or planning to do the project, it had not yet become firm, and there was no need for Council to know about it. Councilman Hickman stated that there were two types of management; one was closed vest and the other open. He stated that Council was dealing with a closed vest management. Mayor Kelley stated that she disagreed. Councilwoman Brinley stated that she understood Councilman Buckley's position, however it was necessary to provide Council insight to allow knowledge of what was going on Mayor Keiley stated that to document every meeting, request or document would soon become what staffwould do and they wouid not take care of the tasks at hand. Mayor Pro Tem Schiffner stated that it was not Council's job to micro-manage, but rather legislate. He stated that when it came time PAGE NINE - STUDY SESSION - MARCH 19, 2002 to make a proper decision, that would be the time that Council would have all the information. Councilwoman Brinley compared the style of management between the present and former City Managers. There. was general Council discussion and debate of the provision of information from the City Manager to Council. There was also discussion of the Manager's Weekly Information Memo and the appropriate level of detail. City Treasurer Ferro stated that there was a margin of frustration, since he had been working with the City Manager's Office to promote more businesses in the City. He explained that time a$er time there had been promotion of the City, meetinp,s were held, and then it didn't go anywhere. He further explained that it was not as much a matter of confidentiality, but rather after living in the City for fourteen years, and seeing all the garbage that gets thrown out and all the bogus grand openings, and nothing got done. He stated that he felt that the Former Councils were hung up on hype and gave several examples of what was promoted and never developed. He noted that the reason that Temecula, Murrieta and Corona were getting "Coles" was because there was not the per capita income or rooftops to merit a"Coles", however some day Lake Elsinore will. He encouraged Council to meet with Assistant City Manager Best to find out what could be done to promote the City, but clarified the procedure of confidentially. He noted that the City had no control overprivate enterprise and the time the City got involved was when the deal fell into plaee. He commented that the Weekly Memo gave Council the highlights of the subject, and if Council desired to know more, they should make an appointment with Assistant City Manager Best to get further details. Councilman Buckley stated that he did make a phone call to request information and was specifically told "no". Mayor Kelley stated that she felt that it was probably a case of confidentially. Councilman Buckley stated that confidentially was not even discussed. He explained that City Manager Watenpaugh told him that they did not tell the Council anything until projects were further along, because the PAGE TEN - STUDY SESSION - MARCH' 19, 2002 City had a reputation. He stated that if the Weekly Information Memo warked as a"tip sheeP' for the Council that could be followed up by a phone call, he wouid be satisfied. He explained that he did not bring the subject up to make a public display, but rather to expand the context of the information that he based his decisions on. He stated that he couid not imagine being in a situation where he would even contemplate not wanting to know as much as he possibly could to make a good decision. He stated that he would not defend how the Former City Manager conducted business, however he did feel that there was a middle ground. He stated that the whole issue was not about whom the City Manager or Assistant City Manager met with at 10:12 a.m., but rather going from the Weekly Memo and questioning what a subject was. _ Councilwoman Brinley stated that was why she addressed management styles and perhaps the Weekly Information Memo could be more specific. Mayor Kelley agreed, however she did not feel that a policy change was necessary for this issue. City Attorney Leibold stated that she was relieved that Council did not want staff to keep a log specific. She suggested that a policy was not necessary for this issue and the Weekly Memo would be notification of information, with the right to know, if the Council called. She stated that a policy would have to be addressed if Council wished to have certain staff inembers call each of the Gouncil separately to notify them of a meeting they held and what was discussed. Councilman Buckley clarified that the calls would come from Council to staff and nofthe other wayaround. City Attorney Leibold stated that the issue would be, that staff needed to recognize that the Councilmembers were the elected officials; had a right to know; as much information as possible should be provided in the Weekly Memo; and staff should provide information regarding questions from Council. Assistant City Manager Best stated that City Manager Watenpaugh had been encouraging Council to set PAGE ELEVEN - STUDY SESSION - MARCH 19, 2002 appointments to meet with him to allow him to provide further information. She noted that each of Councilmembers had specific items that were of interest or concern to them, and the best way for staff to address those interests or concerns was to schedule meetings with City Manager Watenpaugh to give him the opportunity to focus on what Council wanted and to provide general information. She stated that a meeting did not preclude phone calls. Mayor Pro Tem Schiffner stated that the phone calls should be directed to the City Manager's Office and not to staff in general. Councilman Buckley stated that any member of the public could approach staff for public information, as well as Council. Assistant City Manager Best stated that if there were issues that the Council wanted to have staff address, then staff could expedite the matters and respond to Council. She explained that in this way Council could respond to issues at the next Council Meeting with the necessary information or resolve. City Attorney Leibold summarized that what Council wanted was more detail in the Weekly Memo and shared information by staff when contacted by phone or in a meeting. Mayor Pro Tem Schiffner noted that when Council brought questions or concerns to City Manager Watenpaugh, he had responded by memo and provided a copy to each of the Council for general information. Assistant City Manager Best stated that it was important that everyone received the same information. Mayor Pro Tem Schiffner stated that a policy was not necessary since staff understood the necessity of providing as much information as possible. Councilman Buckley stated that since the City provided cell phones and FAX machines, the numbers should be supplied to the ~ublic. Mayor Kelley suggested that a home phone should be adequate. Counciiman Buckley stated that since the City provided the instruments, staff could not refuse to provide the cell phone number or the FAX number when requested by the publia City Attomey Leibold indicated that there could be a problem with the public having access to the cell phones since the City was charged for the use of the cell phones by the minute. Assistant City Manager Aest explained that the cell phones were provided, per Council Policy, as a way to PAGE TWELVE - STUDY SESSION - MARCH 19, 2002 relay emergency information, or information that was critical. She indicated that if Council wished to have a public information line that could always be accessed by the community, then Council should consider a 1-800 number to allow the Council to always be reached rather than everyone in the City making access to each Councilmember at any time for reasons that could be addressed to staff. Counciiman Buckley stated that was not concemed with the content of the information, but rather acce~s. City Attorney Leibold stated that it was uncommon for a city to provide cell phones to the City Council. She stated that she would look into the availability to the public of cell phones numbers. Councilman Buckley stated that the numbers should be provided when specifically asked for. Mayor Kelley ir.:iicated that she was listed in the phone book and did not mind ii anyone cailed her. Mayor Pro Tem Schiffner agreed. Assistant City Manager Best explained that currently staff took the number of the person calling and called the Counciimember to allow them the ability to call or not. There was generai discussion in regazd to the availability of cell phone numbers to the publia Councilman Buckley clarified that he did not want the number posted on a billboard on the I-15, just available to those persons who request it. Mayor Kelley clarified that City Attorney Leibold would be checking into the regulations regarding the release of cell phone and FAX numbers and noted that the majority of Council did not have a problem directing staff to give their cell numbers out to the anyone who wished to have. She noted that the Weekly Memo would have more specific information for Council. Mayor Kelley addressed the request from Councilman Buckley for complete invoices, including explanatory documentadon of bills paid from the City Attomey. City Attorney Leibold indicated that she did not have the right to waive the privilege. She stated that her firm's position was that the City Attorney bills particularly the narrative, which was a description of the work completed, could reveal strategy, areas of concern or weaknesses in a case. She explained that the City Attomey's Office had always taken the position that Attorney's bills PAGE THIRTEEN - STUDY SESSION - MARCH 19, 2002 were City/Attorney privileged information. She indicated that she personaliy had no problem with any member of Council reviewing her invoices, however she did have some reservation regazding the ability to duplicate the invoices and take them out of City Hall, however the Council held privilege as a body for the decision made to authorize the release to an individual Councilmember, however she did not have that privilege. She stated that if Council chose to authorize a designee or sub-committee or anyone who asked of the City Council to review invoices, then the Council might need to create a policy. She indicated that if a policy needed to be made, it should address whether or not disclosing the information to a Councilmember did not waive the privilege. City Attorney Leibold stated that absent the current discussion, there was nothing in the Legal Services Contract or City Council Policies thaf wouid allow an individual to examine the City Attorney invoices. She indicated that there was case law that suggested if the City were to disciose a privileged document to an individual Councilmember the privilege was waived unless the Council allowed that disciosure and protected the privilege. She stated that she could not authorize the release of the document, only Council could. She explained that the invoices were sent to City Manager Watenpaugh and his designee, Administrative Services Director Boone, who reviewed and prepared the: check. Mayor Kelley stated that Council couid not make a decision at this meeting. City Attorney Leibold agreed, and explained that Council could direct staff to prepare a policy. She suggested that apolicy should be prepared to allow Council one of two things; to make a review of the invoices retaining privilege; or review and duplication. Counciltnan Buckley stated that what he would like to see was individual Council access to the invoices for review under the cover of privilege. He agreed that a policy should be created, and agreed with City Attorney Leibold who stressed that a narrative could expose strategy of the case. Mayor Kelley asked that City Attomey Leibold create a policy for Council's review and decision. Assistant City Manager Best stated that there had been a Memo sent to Council regarding email and there had been no response from PAGE FOURTEEN - STUDY SESSION - MARCH 19, 2002 Council to date. She stated that the City Manager's Office would reissue the Memo. City Attomey Leibold stated that Council would be under the same rufes as the staff regarding emails. City Attomey Leiboid clarified that she would address a City Council Policy for invoices; that the 1~` and 3Td Tuesdaywould be set aside by Council for Study Sessions, however no policy written at this time; and she would investigate the cell phone issue. Council agreed. 2. Re~ort on North Peak LLMD Assessments. Counci?man Hickman stated that he had asked to have this issue addcd to the Study Session and asked if the I~TOrth Peak LLMD Assessmenf went to the Gene.al Fund or a special fund. Administrative Services Director Boone stated that the money went to a special revenue fund for the Lighting and Landscaping Maintenance District, with limits as to what it could be used for. He explained the benefit structure and how the monies were expended throughout the 21 different Zones. Councilman Hickman clarified that it went to the General LLMD and North Peak could not come back to the City looking for their contribution to the LLMD to be returned. Administrative Services Director Boone stated that they could not. He explained that North Peak had 266 pazcels and the range of assessment varied with the smaller parcels paying $498.00 a year, and the larger parcels paying $4,700.00 a year. He stated that North Peak was in Zone "A" which was the lowest assessment. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 6:35 P.M. PAGE FIFTEEN - STUDY SESSION - MARCH 19, 2002 ~ GE CELLEY, Y R C OF LAKE ELSINORE Respectfully submitted, L. Paredes, Deputy City Clerk vIC, CITY CLERK HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE