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HomeMy WebLinkAbout11-20-2001 City Council Study SessionMINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 20, 2001 ~:~~~*~:~~~:***~:~~*:~*~**:~~:~~:~*:~*:~*M~M~~x:~*:~~~*~~~*~~~*~:~~:*+:~*~~~~x CALL TO ORDER Mayor Schiffner called the Joint Study Session to order at 3:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, KELLEY, HICKMAN SCHIFFNER ABSENT: COLTNCILMEMBERS: METZE, PAPE Aiso present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leiboid, Planning Cornmissioner Barnes, Planning Commissioner Matthies, Planning Commissioner Polk, Commnnity Development Director Brady, Administrative Services Director Boone, Community Services Director Sapp, Chief of Police Walsh, Information/Communications Manager Dennis, Public Warks Manager Payne, City Clerk/Human Resources D'uectar Kasad and Deputy City Clerk Paredes. 1. Citv Council Orientation.(F: yy.~~ Mayor Schiffner had the people present introduce themselves. City Manager Watenpaugh welcomed the new Councilmembers and indicated that the purpose of the Study Session was to present a general overview of the various departments and their function. PAGE TWO - STUDY SESSION - NOVEMBER 20, 2001 He noted that the:Ciry Attorney would be presenting an overview of the Brown Act and the Political Reform Act, which specifically addressed elected officials. He indicated that following the Study Session he would schedule individual meetings with each of the new Councilmembers to address any specific questions theymight have. He indicated that a current Budget, Council Policies, and' a list of Committees had been provided. He noted the need to reappoint Committee Members to the various Committees that Council sits. Councilman Hickman asked if Council appointed all the Committees. City Manager Watenpaugh clari~ed that the Mayor appointed the Committee Members and the Council ratified the choices. He encouraged the new Council to express their interest in speci~c cammittees to allow the Mayor to consider them far the position. City Clerk Kasad presented an overview of the Terms and noted that the Council also served on the Redevelopment Agency for the length of their term. Ciry Attomey Leibold explained that the Official Seating would take place at the next Regular City Council Meeting on November27`". She explained the Elections Code regarding the Seating of Council and the right to recount. She explained the process should the vote be overturned from a recount. City Clerk Kasad explained the seating procedure and the selection of officers. Councilman Hickman asked for clarification regarding the seating of CounciL City Manager Watenpaugh presented an overview of the selection of Mayor, Mayor Pro Tem, Chair of the Redevelopment Agency, Vice Chair of the Redevelopment'Agency, Chair of the Public Finance Authority and Vice Chair of the Pubic Finance Authority. He noted that City Cierk Kasad presided the selection. PAGE TFIREE - STUDY SESSION - NOVEMBER B0, 2001 Ciry Manager Watenpaugh explained that there would not be a Study Session or Closed Session on November 27~'. He explained that the purpose of the Meeting on the 27~' was to acknowledge the outgoing Council and to acknowledge and seat the new Councilmembers. He indicated that the new Council would consider a small agenda and the Council Meetings wauld be followed by a sma11 reception. He noted that that there would be no Agenda Review or Closed Session and the Regular City Council Meeting wouid begin at 7:00 p.m. City Manager Watenpaugh explained that the term of the City Treasurer was four years. He noted that the Planning Cammission served a term of four years and was appointed by the Mayor and rati~ed by Council. Ciry Clerk Kasad explained that similar to Council the Planning Commission was an alternate 3-seat appointment and 2-seat appointment, with Commissioners Wilsey and Polk's term to expire in June. City Manager Watenpaugh presented an overview of the Committees as follows: Califomia Joint Powers Authority Habitat Conservation Agency Chamber of Commerce - EDC Riverside Transit Agency Southwest Economic Development Corp. Western Riverside Council of Governments Santa Ana Water Project Authority (LESJWA) Crime Free Multi-Housing Project Satisfy 2020 Committee City Manager Watenpaugh noted that the City of Lake Elsinore was a CounciUManager Form of Government and noted that the Council was the policy maker and the City Manager and staff implemented PAGE FOUR - STUDY SESSION - NOVEMBER 20, 2001 the policy. He indicated that the City Manager, City Attorney and City Clerk worked at the pleasure of Councii and the rest of staff worked for the City Manager. He noted that it would be helpful to make appointments to allow staff to best address Council needs. City Attorney Leibold stated that she was a~ailable to Council and noted the hours that she is at City Ha11. She presented an overview of the request system. Mayor Schiffner explained that all direction given to the City Manager was directed to the appropriate staff inember and he felt that a11 orders to staff should come from the City Manager. Councilman Hickman clarified that any Counciimember could call and not one designated member of Council. City Attorney Leibold e~lained that she was a~ailable to communicate with any Councilmember, however she could only take direction from a majority of Council. She indicated that she was a~ailable to answer questions, provide information or clarification. Commissioner Poik clarified that City Council set policy and administration carries it out. Staff agreed. City Manager Watenpaugh indicated that he had provided current budgets and presented an overview of the Goals of the City, revenues, implemented programs, and grants. He explained some of the ongoing programs and noted that the concessionaire for the program would be brought before Council at the December 11~ Meeting. He further indicated that the City was looking at additional revenue sources and would be coming back to Council with an analysis of the Park and Recreation Assessment District and the Traffic Uniform Mitigation Fees, which would offset Capital Improvements for infrastructure. PAGE FIVE - STUDY SESSION - NOVEMBER 20, 2001 Councilwoman Kelley asked when the Traf~c Uniform Mitigation Fee would be brought befare CounciL Community Development Director Brady stated that he would ha~e the proposal available in January. City Manager Watenpaugh noted that staff has been shutting off lights to conserve energy and it had an impact on energy cost. He presented an overview of ongoing projects and stated that all the projects would be discussed at mid-year review of the budget. He stated that staff was looking at ways to conserve money since it appeared that the State would be looking to correct their budget deficit He noted that the State took $150,000 of the City's transportation funds and because of the current deficit they are considering city's portion of the Vehicle License Fee, which amounts to $1.1 million in revenue to the City. Mayor Pro Tem Brinley asked when the City would hear about the State's decision. City Manager Watenpaugh stated that it was not known at that rime. Mayor Pro Tem Brinley asked if staff was working on a back-up plan. Ciry Manager Watenpaugh stated that it would be addressed at Mid Year Budget Review. City Manager Watenpaugh presented an overview of the material distributed that explains the duties of each departrnent and an organizational chart. He noted that the City Manager's Office provided Council with a Weekly Information Memo to provide an overview of the activity ongoing in the City. He stated that the City provided each Councilmember with a cell phone, f~ machine and the ability to set office hours and shared office space. City Manager explained the benefits that Council received. He indicated that Council received a monthly stipend of $300 for Council Meetings set by population; $30 per meeting for Redevelopment Agency limited to two meetings; Medical, Dental and Vision coverage PAGE 5IX - STUDY SESSION - NOVEMBER 20, 2001 are offered; a credit cazd is provided for City business and Council is obligated to turn the receipts into the City Clerk; business cards are provided; as weil as a ceremonial badge which is for identification purposes only. City Attorney Leibold cautioned Council in regard to the misuse of a City Council badge. City Attorney Leibold indicated that Council needed to consider who would be attending the League of California Cities in Sacramento and a voting delegate would have to be selected. Councilwoman Kelley stated that it was Mayor Schiffner and Mayor Pro Tem Brinley. Mayor Schiffner stated that he would not be able to attend, therefore Mayor Pro Tem Brinley would have to be the voting delegate. He noted that originally the League was scheduled for September 12 and due to the incident of September 11 the Meeting was changed and he could to attend. Mayor Pro Tem Brinley encouraged the new Councilmembers to attend the League of California Cities Conference for the learning e~erience and the ability to network. She noted the issues that were currently facing cities in California and felt that it was very important to be informed of what was going on at the State level. She noted that our own City Attorney has done presentations at the League of California Cities regarding Redevelopment Agency Law. Ciry Manager Watenpaugh noted that the Planning Commission was encouraged to attend to bond with their Council andbe involved in the exchange of ideas. : City Manager Watenpaugh presented an overview of the City Council Policies. He encouraged Council to make a review of the policies and noted that some of the policies would be brought before Councii at the next City Council Meeting. He noted that the policies that would be brought before Council for adoption would address the following: City Credit Cards Travel & Training Business Cards & Stationery PAGE SEVEN - STUDY SESSION - NOVEMBER 20, Z001 Use of City Personnel Internet, Electronic Mail & Software Policy City Attorney Leibold stated that she would be providing an overview of the Brown Act and the Political Reforxn Act. She explained that the Brown Act was also known as the Open Meeting Laws and its primary purpose was to insure that the all decisions made by a public agency wouid be made in pubic. She noted that there were four kinds of ineetings as follows: Regularly Scheduled Meeting -'72 hour notice (set by Resolution and must be changed by Resolution) Special Meetings - 24 hour notice Adjourned Meetings -(either Speciai or Regular) set for a specific time and place within 5 days of the Meeting adjourned from. Emergency Meetings - No notice, however can only be held under very speciai circumstances. She indicated that any elected body or appointed body or committee must follow the Brown Act and must hear only Agendized items. The only exception to hearing an item that does not appear on the Agenda, would be an item that arose after the Agenda was printed and posted and was business that must be addressed. She noted that it required a 4/5~` vote to add an agenda item. She noted that the act did not govern individual contacts between Planning Commissioners or Councilmembers, however it does govern a series of individual meetings or calls to reach some sort of concurrence. She noted that the only time the body of Councii can gather without public disclosure would be at Closed Sessions, Social Events and Conferences. She explained that all other Meetings must ha~e action taken in public. PAGE EIGHT - STUDY SESSION - NOVEMBER 20; 2001 Mayor Schiffner asked the City Attorney to clarify Serial Meetings. City Attorney Leibold presented different circutnstances. She stressed that it would be one person calling another to obtain concurrence from one person to the nea~t. City Attorney Leibold explained that the Political Reform Act applies to a11 public officials. She noted the information distributed to Council and stated that the "How Conflict of Interest Rules Affect You", provided by the City Clerk, can answer many questions regarding a Conflict of Interest. She defined the following topics: The definition of a Conflict of Interest Identifying a Public Official Decide if the Conflict involves a Governmental Decision By voting or making a appointment By giving advise or making a recommendation Communication with the decision-maker Ascertaining Economic Interests Business Investments Business Employment or Management Rea1 Property Sources of Income Gifts Personal Financial Effect If the Official is directly or Indirectly Involved Materiality (kind of impact on economic interest) Questioning if a Conflict of Interest would result PAGE NINE - STUDY SESSION - NOVEMBER 20, Z001 If the Public Generally Exception applies The legally required Participation City Attorney Leibold concluded by reminding Council to icnow the purpose of the law; learn to spot potential trouble early; understand the "big picture"; realize the importance of the facts; don't try to memorize a lot of rules; and don't be afraid to ask for advise. There was general discussion regarding the enforcement abilities of the Fair Political Practices Commission. City Attorney Leibold noted that the FPPC did not ha~e the ability to remove an of~cial from of~ce or toplace an official in jail; however they do ha~e the ability to levy fines and they do publish names and actions in their magazine, which could create public embarrassment. City Manager Watenpaugh noted that Senior Code Enforcement Officer Carol Gordon was also the Union Representative. Ron LaPere asked if tt~ere was a policy or procedure for committees appointed by the Mayor. City Manager Watenpaugh stated that there were no policies or procedures since it was addressed on a case-by- case basis. He explained that the Subject matter had to be identified and a goal set for the Committee. Mayor Pro Tem Brinley stated that it was at Mayor's discretion to deternune if it would be better to sit a committee or to hold a Town Ha11 Meeting. Mayor Schiffner asked if he could communicate with the new Councilmember regarding upcoming issues without violating the Brown Act. City Attorney Leibold explained that ance the election was certified, the top vote getters aze Council Elect and as such are public officials. PAGE NINE - STUDY SESSION - NOVEMBER 20, 2001 ff the Public Generally Exception applies The legally required Participation City Attomey Leibold concluded by reminding Council to know the purpose of the law; learn to spot potential trouble eatly; understand the "big picture"; realize the importance of the facts; don't try to memorize a lot of rules; and don't be afraid to ask for advise. There was general discussion regarding the enforcement abilities of the Fair Political Practices Commission. City Attomey Leibold noted that the FPPC did not have the ability to remove an official from office or to place an official in jail; however they do ha~e the ability to levy fines and they do publish names and actions in their magazine, which could create public embarrassment. City Manager Watenpaugh noted that Senior Code Enforcement Officer Carol Gordon was also the Union Representative. Ron LaPere asked if there was a policy or pxocedure for committees appoinYed by the Mayor. City Manager Watenpaugh stated that there were no policies or procedures since it was addressed on a case-by- case basis. He explained that the Subject matter had to be idenrified and a goal set for the Committee. Mayor Pro Tem Brinley stated that it was at Mayor's discretion to determine if it would be better to sit a committee or to hold a Town Hall Meeting. Mayor Schiffner asked if he could communicate with the new Councilmember regarding upcoming issues without violating the Brown Act: City Attorney Leibold explained that once the election was certified, the top vote getters are Council Elect and as such are public officials. PAGE TEN - STUDY SESSION - NOVEMBER 20, 2001 Ciry Manager Watenpaugh stated that he would be providing phone numbers of staff for City business. He explained the purpose of Study Sessions and Joint Study Sessions. City Attorney Leibold explained noted that the Brown Act did apply and a Study Session was still a meeting and must be noticed. She further explained that the items on the Agenda were the only items that could be discussed: Mayor Schiffner cautioned Council that the BrownAct is important and there were people in the communiry that accused Council of being in violation of the Brown Act. He stated that it was incumbent upon Council to make sure that the accusations were not valid. Planning Comrnissioner Polk suggested a workshop once or twice a year to review the future plans of the City and view of the future that Council has. He noted that it would a11ow Council and Plauning Commission to address issues that the City was facing. City Manager Watenpaugh noted that there should be joint meetings between the Planning Commission and Council regarding the General Plan Amendment. Planning Commissioner Polk stated that it would help to have a past history of major projects to better decide what should occur in future plamiing. He indicated that it would help to have the big picture of each major project. Mayor Schiffner noted that he would like to see more meetings between the Planning Commission and the City Council. ADJOiJRNMENT THE STUDY SESSION WAS ADJOiJRNED AT 4:45 P.M: PAGE TEN - STUDY SESSION - NOVEMBER 20, 2001° City Manager Watenpaugh staied thathe would be providing phone numbers of staff for City business. He expiained the purpose of Study Sessions and Joint Study Sessions. City Attorney Leiboid explained noted that the Brown Act did apply and a Study Session was still a meeting and must be noticed. She further explained that the items on the Agenda were the only items that could be discussed: Mayor Schiffner cautioned Council that the Brown Act is important and there were people in the community that accused Council of being in violation of the Brown Act. He stated that it was incumbent upon Council to make sure that the accusations were not valid. Planning Commissioner Poik suggested a workshop once ar twice a year to review the future plans of the City and view of the future that Council has. He noted that it would allow Gouncil and Planning Commission to address issues that the Ciry was facing. City Manager Watenpaugh noted that there should be joint meetmgs between the Planning Commission and Council regarding the General Plan Amendment. Planning Commissioner Polk stated that it would help to have a past history of major projects to better decide what should occur in future planning. He indicated that it would help to have the big picture of each major project. Mayor Schiffner noted that he would like to see more meetings between the Planning Commission and the City Council. ADJOURNMENT TAE STUDY SESSION WAS ADJOURNED AT 4:45 P.M. PAGE ELEVEN -STUDY SESSION - NOVEMBER 20, 2001 ROBERT L. Respectfully submitted, ~~~=c~~t/ ~ Ad 'a L. Paredes, Deputy (~ity Cler~ ATTEST: v~ VICKI KASAD, C C, CITY CLERK/ HiJMAN RESOURCES DIIZECTOR CITY OF LAKE ELSINORE YOR CITY OF LAKE ELSINORE