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MURRIETA CITY COUNCIL MINUTES
June 20, 2006
26442 BECKMAN COURT
5:00 PM CLOSED SESSION
MURRIETA, CA
5:30 PM WORKSHOP
7:00 PM REGULAR MEETING
At 5:00 p.m. Mayor Seyarto recessed the meeting to closed session for the purposes stated below. Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
LIABILITY CLAIM, BRINK VS. CITY OF MURRIETA (G.C. 54956.9a)
CONFERENCE WITH LABOR NEGOTIATORS, MURRIETA FIRE FIGHTERS ASSOCIATION AND DEPUTY CITY MANAGER CHRIS PAXTON (G.C. 54957.6)
Closed session adjourned at 5:37 p.m.
COMMISSION APPLICANT INTERVIEWS
Mayor Seyarto called the workshop to order at 5:40 p.m. with all members present. City Clerk A. Kay Vinson indicated Harley Cohen and Alan Long withdrew their applications from the Planning Commission and that Bahram Sherkat withdrew his application from the Steering Committee. She also reported three applications were received late of which two were due to the inoperative website.
Present for appointment to the Planning Commission were: Jay Covington, Mark Johnson, David Landriscina, Randon Lane, James Miller, Kenneth Nordstrom, Jessica Omdahl, and Dennis Smith. Although not present, but also considered were: Steve Rawlings, Jorge Biagioni, Larry Francis, Karen McKinney, Johnnie Morrow, Chris Rhine, Walt Wilson, Faith Wroten and Robert Ross.
Present for appointment to the Public Safety and Traffic Commission were: Richard Estrada, David Landriscina, Sylvia Lewis, Kenneth Nordstrom and Dennis Smith. Although not present, but also considered were: Larry Francis, Steve Lodge and Elio Zarinelli.
Present for appointment to the Community Services Commission were: Eric Lahti, David Landriscina and Sherry Lee. Although not present, but also considered were: Lydia Lilli and Ed Wadell.
Present for appointment to the Historic Preservation Commission were: Kerri Hann and John Hunneman. Although not present, but also considered was: Ellis Swing.
Present for appointment to the Library Advisory Commission were: Steven Abat, Luanne Ferrer and Lee Heinz.
Present for appointment to the Community Steering Committee were: Clifford Alls, Barbara Ankele, Ruben Hernandez, David Landriscina, Michael O'Donnell, and Dennis Smith. Although not present, but also considered were: Lydia Lilli, Christine McAllister and Karen McKinney.
The workshop adjourned at 6:58 p.m.
CALL TO ORDER: Mayor Kelly Seyarto called the Regular Meeting to order at 7:04 p.m. and announced the Council voted at closed session to settle the liability claim, Brink vs. City of Murrieta.
ROLL CALL: Present: Enochs, Gibbs, McAllister, Ostling and Seyarto
Absent: None
PLEDGE OF ALLEGIANCE:
INVOCATION: Pastor Jason Robertson, Murrieta Valley Church
PRESENTATIONS:
DONATION BY COLONY SINGLES TO THE MURRIETA PUBLIC LIBRARY
Mary Ann Plummer and Lynn Caldwell of the Colony Singles presented Loretta McKinney, Director of Library Services, with a $3,000 donation from their annual fashion show. Ms. McKinney thanked the Colony Singles, with a special thanks to Council member McAllister, for suggesting they donate the proceeds of their fashion show to the new library.
APPROVAL OF AGENDA
Council member McAllister requested items 18 and 24 be heard together regarding the 2006 Amendment to the Redevelopment Plan.
Action: The agenda was unanimously approved as amended to include hearing items 18 and 24 together.
PUBLIC COMMENTS
Ruben Campos, Construction Liaison with Caltrans, reported on the Devore 2 project which will begin summer 2006 and be completed winter 2007. He advised that closures will occur at: northbound I-215 connector closed to southbound 1-15, southbound I-15 connector closed to southbound I-215, northbound I-215 connector closed to northbound I-15; northbound I-15 connector closed to southbound I-215. He said that closure dates have not been determined pending contractor selection and further information can be obtained on the Caltrans website.
Margaret Jones, Murrieta Valley Foundation, discussed how pleased she was that the Father's Day Car Show had become a signature event and thanked sponsors and staff for their participation. She additionally commented on the continual disrespect from citizens concerning Council and the Chamber of Commerce.
Ron Goggia, Murrieta, thanked City Manager Lori Moss for her efforts to increase the commercial and industrial base of the city, discussed RJ Sizzlin Steer's benefit for the senior center, commented on the Chamber of Commerce and whether or not Council member Enochs had become a member, thanked staff and volunteers for the Father's Day Car Show, and discussed the need for a better public address system for city events.
DEPARTMENT/COMMISSION ANNOUNCEMENTS:
Community Steering Committee - Chairman Clifford Alls reported on the meeting of June 12, 2006 where the committee saw a presentation on Economic Development and completed their findings on Universal Design Standards which they will forward to Council.
Community Services – Community Services Manager Debbie Tharp invited the community to attend the City's 15th Birthday Bash on July 1st at Cal Oaks Sports Park.
Engineering – Engineering Manager Bob Moehling reported on Capital Improvement Projects. He discussed roadway improvements, traffic signals, and special projects. Council member Enochs requested staff look at Jefferson and Leafwood to determine if street repairs are necessary.
Fire – Acting Fire Chief Gary Whisenand reported on the Charity Trap Shoot on June 11 and thanked Max Harrison, Pac Two Partners, The Shootist and staff for their participation and sponsorship. He additionally thanked the Temecula Gun Club for hosting the event.
Library – Library Director Loretta McKinney reported on the Summer Reading Program and thanked the Friends of the Murrieta Library and local businesses for their donations to this program.
City Manager – Lori Moss introduced the new Building and Safety Manager Allen Brock.
GOVERNING BODY ANNOUNCEMENTS:
Gibbs: Attended the groundbreaking ceremony at the Grand Isle Senior Apartments, thanked
them for the nice luncheon, and indicated he is looking forward to their opening.
Discussed his and Council member McAllister's attendance at the Ethic Training at
RTA.
Complimented Cindy Shoup for the outstanding benefit at RJ Sizzlin Steer and
expressed appreciation of her contributions to the Senior Center fundraiser.
Commented on the Steering Committee's approval of the Universal Design Standards
and thanked member Randon Lane for providing practical solutions during an
impasse.
Attended RCTC meeting where the budget was approved and the rising cost of
construction was discussed. He thanked Deputy City Manager Teri Ferro
for her ability to keep up with growth costs.
Thanked staff Michelle Carter and Annette Jennings for their efforts in the Father's
Day Car Show and recommended using Margaret Jones' suggestion that next
year's t-shirt honor the winner of this year's car show.
McAllister: Was pleased that the Colony Singles donated proceeds of their fashion show to the
new library.
Attended Vista Murrieta High School's first graduation.
Congratulated and thanked RJ Sizzlin Steer for their efforts in the Senior Center
benefit expressing gratitude for donating 100% of the proceeds.
Met with Commission applicants and was impressed with their qualifications and
willingness to be involved in the community.
Attended the Father's Day Car Show and thanked the Murrieta Foundation and City
staff for their efforts in this event.
Enochs: Attended the Senior Center benefit and thanked RJ Sizzlin Steer for their fundraising
efforts.
Thanked Community Services for their hard work on the Father's Day Car Show.
Discussed the Charity Trap Shoot and thanked the Fire Department for sponsoring
this event.
Asked Engineering how long the temporary fence would be up at the Dominegoni
project and asked to have the debris cleaned up.
Ostling: Commented on the success of the Father's Day Car Show and thanked everyone involved in the event.
Seyarto: Discussed he and Council member McAllister's upcoming meeting in Sacramento
with legislators and Caltrans to discuss funding mechanisms and the
telecommunication issue. While in Sacramento, he will also attend a League of
Cities Policy Committee meeting.
APPROVAL OF city council CONSENT CALENDAR items 1-17
Action: It was moved by Gibbs and seconded by McAllister to approve City Council consent calendar items 1-17. On roll call, the vote was:
AYES: *Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: *Enochs on 3 regarding payments to Griffith Co., vendor #2353.
1. WAIVEd READING OF ALL ORDINANCE INTRODUCTIONS ON THIS AGENDA AND READ BY TITLE ONLY
2. MINUTES
Action: Approved the Minutes of the 6:00 p.m. Closed Session, 6:30 p.m. Workshop, and 7:00 p.m. Regular Meeting on June 6, 2006.
3. RATIFICATION AND APPROVAL OF THE CHECK REGISTER FOR MAY 2006
Action: Ratified and approved the Check Register in the amount of $4,445,487.07 (checks 59813-60223) and the Payroll Register in the amount of $2,001,418.07 for the month of May 2006.
4. TREASURER'S REPORT
Action: Received the Summary of Investment Transactions for the month ending May 31, 2006.
5. LOCAL AGENCY NOTICES FOR CONFLICT OF INTEREST CODE AND RESOLUTION AMENDING THE LIST OF DESIGNATED POSITIONS FOR THE CONFLICT OF INTEREST CODE
Action: Received Biennial Notices from the City Council, Redevelopment Agency, the Community Services District, the Fire District and the Library Board. Further, adopted Resolution 06-1604 amending Resolutions 02-1088 and 04-1362 and adopting a revised list of Designated Employees.
6. RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE LEVY A 2006/2007 CSA PARCEL CHARGE
Action: Adopted Resolution 06-1605 requesting the County of Riverside levy a 2006/2007 CSA 152 parcel charge of $10.00 for the National Pollution Discharge Elimination (NPDES) program.
7. ORDERED ON THE WEST BY LENOX LANE, LYING SOUTH OF FULLERTON ROAD AND NORTH OF VINEYARD PARKWAY
Action: Adopted Resolution 06-1606 approving Parcel Map 31928.
8. AGREEMENT FOR ROAD AND DRAINAGE IMPROVEMENTS - IVY STREET
Action: Approved the Agreement for Construction of Road and Drainage Improvements with FP Contracting, Inc./SBFC Holdings, LLC for the portion of Ivy Street adjacent to MB 8/359, Portion of Lot 69, said site located between Jefferson Avenue and Adams Avenue on the north side of Ivy Street.
9. AGREEMENT FOR ROAD AND DRAINAGE IMPROVEMENTS - PARCEL MAP 32048
Action: Approved the Agreement for Construction of Road and Drainage Improvements by DOS, LLC for Parcel Map 32048 bordered on the northwest by Juniper Street and north by Franklin Street.
10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM IMPLEMENTATION AGREEMENT
Action: Authorized the City Manager to execute the California Department of Transportation's Disadvantaged Business Enterprise Implementation Agreement.
11. AGREEMENT FOR LEGAL ADVERTISING
Action: Approved an Agreement with The Californian to provide publication of legal advertising for the 2006/2007 fiscal year at a cost of $.60 per line per column.
12. AMENDMENT NO. 1 TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY
Action: Approved Amendment No. 1 to the Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation Authority (RCA) between the City of Murrieta; the County of Riverside; and the Cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Norco, Perris, Riverside, San Jacinto, and Temecula, which terminates the arrangement for services between the RCA and the Western Riverside Council of Governments.
13. TELEPHONE PROFESSIONAL SERVICES CONTRACT
Action: Approved the agreement with Global CTI for telephone and network professional services to be executed within one year in the amount of $30,000, and authorized the City Manager to sign all related documents.
14. IMPLEMENT CABLE CONTRACTS PROVISIONS FOR SUPPORT OF GOVERNMENT CHANNEL
Action: Invoked provisions of existing cable agreements to levy a PEG (public, education and government) access fee of 25 cents per month per subscriber for purposes of providing improved and expanded public information programming.
15. DECLARE EQUIPMENT SURPLUS
Action: Approved the Administration Department to declare the HP Color Jet 4550N Laser Printer as surplus and authorized sale or disposal.
16. JEFFERSON AVENUE IMPROVEMENTS, PROJECT NO. 8223
Action: Approved the attached Grant of Easement and authorized the City Manager to sign the document granting overhead utility easement rights to Southern California Edison.
17. RECLASSIFICATION OF POSITION AND BUDGET ADJUSTMENT
Action: Authorized the reclassification of GIS Programmer to GIS Analyst and reallocated $55,000 from Contingencies to Finance Salaries/Benefits in FY 06/07 budget.
18. public hearing - JOINT PUBLIC HEARING WITH THE MURRIETA REDEVELOPMENT AGENCY ON THE PROPOSED 2006 AMENDMENT TO THE REDEVELOPMENT PLAN
Mayor/Chair Seyarto convened the Redevelopment Agency to hear items 18 and 24 together and opened the public comments.
Richard Tilberg, Urban Futures, advised that it would be appropriate to convene the Redevelopment Agency and take action on the Resolution of the Murrieta Redevelopment Agency approving its report to the City Council of the City of Murrieta concerning the proposed 2006 Amendment to the Redevelopment Plan for the Murrieta Redevelopment Project and authorizing transmittal of said report and the amended plan to the City Council.
Speaking in favor:
Carmela Rincon-Loelkes, Murrieta, supports the redevelopment project area and said it is the only way projects needed by the City can be financed.
Mayor Seyarto closed the public comments.
Action: It was moved by McAllister and seconded by Gibbs to continue item 18 to the meeting of July 5, 2006, direct staff to respond to written objection and return all of the items that were on the agenda, except Agency's Resolution Approving the Report to the City Council and Transmitting Said Report and the Redevelopment Plan to the City Council, to the agenda of July 5, 2006. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
19. COMMISSION APPOINTMENTS
City Clerk Kay Vinson provided the staff report.
Action: Based upon ballot selections, it was unanimously approved to appoint the following Commissioners:
Randon Lane Planning Commission 6-30-2009
Steve Rawlings Planning Commission 6-30-2009
Kenneth Nordstrom Public Safety & Traffic 6-30-2009
Ed Wadell Community Services 6-30-2009
Edward Lee Heinz Library Advisory 6-30-2009
Luanne Ferrer Library Advisory 6-30-2009
Clifford Alls Community Steering 6-30-2009
(Youth Representative)
Barbara Ankele Community Steering 6-30-2009
(Representative West of I-15)
John Hunneman Historic Preservation Advisory (At Large) 6-30-2009
Kerri Hann Historic Preservation Advisory (Specialty) 6-30-2009
Dick Ostling Library Board 6-30-2009
Kelly Seyarto Library Board 6-30-2009
City Clerk Kay Vinson advised staff would advertise for the third seat on the Historic Preservation Advisory Commission. She administered Oaths of Office to those selected. Mayor Seyarto welcomed the new appointees and thanked all the applicants.
Action: By consensus, Council recessed briefly from 9:02 p.m. to 9:14 p.m.
20. VIOLATION OF MURRIETA CODE OF ETHICS - SEYARTO
Mayor Seyarto recused himself from the meeting.
Mayor Pro Tem McAllister asked that discussion concerning the Ethics Code violation be conducted with a sense of decorum and civility and that respect be shown to everyone on the dais. He asked that people at the podium be given the same level of respect and no comments be made from the audience on either side of the issue.
City Manager Lori Moss provided the staff report and advised that this was the first time staff had been through this process. She provided the background of the complaint filed by Council member McAllister and advised that after review of the Resolution and examination of the facts, staff determined there is merit to the complaint and that the actions of Mayor Seyarto warrant an admonishment by the City Council.
Council member Gibbs wished to clarify that he and Mayor Pro Tem McAllister were co-complainants, but because of the Brown Act, three Council members could not participate in the same meeting so he volunteered to step aside.
Mayor Pro Tem McAllister advised Council could choose to admonish or sanction Mayor Seyarto's actions, with censure not being an option because of freedom of speech. He advised that staff was recommending admonishment. City Manager Lori Moss explained that since it was the first complaint notice, admonishment would be staff's recommendation and Deputy City Manager Chris Paxton further provided that staff was recommending admonishment based on the City's typical personnel complaint process. Mayor Pro Tem McAllister invited Mayor Seyarto to the podium.
Mayor Seyarto apologized to the community for allowing citizens from Rescue Murrieta to cause him to react in a manner inconsistent with the Code of Ethics. He described the incidents that occurred after the June 6, 2006 Council meeting with Ed Faunce and his wife, and Debra Butler. He discussed the newspapers attempt to contact him concerning this incident and that he initially spoke only with a reporter and the editor of The Californian, and was disappointed with their coverage of the events and displeased that comments he made to the editor off the record had appeared in print. He offered a personal apology to Debra Butler. He asked Council to consider the circumstances, who instigated it, and the individuals involved. He stated that Ed Faunce and Debra Butler are principally involved in a political action group with a political agenda, and their versions of the events reflect that. He accepted ultimate responsibility for the incident stating that in the future if he encountered this type of situation, he would simply walk away from it. He suggested Council incorporate standards of behavior for the public and asked that once a meeting is over people not be allowed to approach the dais. He encouraged positive input from Council members on how to promote a style of dealing with issues that don't include insults or inflammatory methods of communication. He discussed the use of the Code of Ethics and his concern that it was going to be a document that could be used for political purposes. He said that over the past few months others had breached the Code, yet this was the first time it was addressed in such a formal way, and suggested Council apply the Code in a uniform manner. He apologized to the community and assured them that in the future he would react in a manner consistent with the Code of Ethics. He thanked Council for allowing him to explain the circumstances of the incident and thanked Council member Gibbs and Mayor Pro Tem McAllister for their professionalism.
Mayor Pro Tem McAllister opened the floor for comments and provided an explanation of what it meant to be in favor of and opposed to the item.
Speaking in favor:
Thomas Butler, Murrieta, described the events that occurred on June 6, 2006 between Mayor Seyarto and his wife, Debra. He stated he did not enjoy having to comment on this incident and that he was here because character counts and fitness for public office is a serious matter. He discussed incidents in which Mayor Seyarto's behavior was sexist or unprofessional. He stated that Mayor Seyarto had violated the Code of Ethics and asked Council to remove him as Mayor and if this is not done, sanction his behavior with an understanding that further misconduct will result in his removal as Mayor.
Debra Butler, Murrieta, stated she was in attendance tonight as a citizen and not a member of Rescue Murrieta. She discussed her attendance at the Council meeting of June 6, 2006 and the incident that occurred with Mayor Seyarto after the meeting. She said that Mayor Seyarto's comments to her were verbally abusive and sexist in nature and found his statements to be demeaning and highly offensive. She is additionally upset by comments he made about her that appeared in The Californian. She said that when the Code of Ethics was being adopted Mayor Seyarto stated that people should be held accountable for their actions and she agrees that he should be held accountable for his behavior. She does not believe that admonishment or sanction is enough and asked that the harshest punishment be administered. She would like Council to bring this item back on the agenda and remove Kelly Seyarto as Mayor.
Cathy Christianson, Murrieta, discussed how she learned of the incident between Mayor Seyarto and her neighbor, Debra Butler, on June 6, 2006. She described Debra as a passionate woman who gave 100% to her family, faith, friends, community and scrap booking. She commented on a meeting she attended where she was shocked at the way that then Council member Seyarto responded to the public. She said that Debra Butler did not deserve the embarrassment that had been brought to her family and approves of sanctioning Mayor Seyarto.
Barbara Nugent, Murrieta, discussed the adoption of the Code of Ethics by Council and her background instructing ethics at a large insurance company. She said she trusted that Council would interpret the Code to the best of their ability and do the right thing.
Don Brandt, Murrieta, talked about how he initially became acquainted with Mayor Seyarto during GPAC and the support the Mayor provided with problems on the west side. He talked about articles he read in the paper concerning the incident on June 6, 2006. He said that over the last few years he had noticed changes in the Mayor and they didn't talk much anymore. He stated that as he understands the situation, Council voted him in and they can vote him out. He wondered how Mayor Seyarto interacted with his firemen after what he had heard about his conversation with Mrs. Butler. He said that Mayor Seyarto should be moved down as Mayor and someday he hoped that Council member Gibbs would be Mayor.
Speaking in favor but not wishing to speak:
Don Vierstra, Magdalena Pilotte, Linda Tomlin, Carol Carson, Brenda Dennstedt, Linda Stockwell, Jan Harris, Cheryl Pyle, Fred Scane, Jacqueline Kaline, and Debbie Marshall.
Speaking neutral:
Luanne Ferrer, Murrieta, discussed her interpretation of the City's Code of Ethics finding Mayor Seyarto's incident more an issue of conduct than ethics. She requested Council and staff consider changing the document title to Ethics and Conduct. She advised Mayor Seyarto in the future to: 1) grit your teeth which means close your mouth, 2) turn on your heels, and 3) walk away.
Kassen Klein, Murrieta, said that he was ashamed to have to speak on this issue and that he was in attendance when the Code of Ethics was adopted at the December 6, 2005 meeting, at which time Council adjourned in memory of his stepfather, Brian Padberg, who did not need a Code of Ethics to live by. He discussed an incident at that meeting where a Council member accused him of rolling his eyes, which he addressed with a staff member, finding it ironic that the Code of Ethics had just been adopted. He stated that given the Code of Ethics and taking verbiage off the current complaint, it was his believe that his incident should have been addressed if the Code of Ethics is to be administered in a consistent manner. He said that anything less than an equal application would indicate hypocrisy and asked what the value is in a Code if it is not applied equally.
Speaking in opposition:
Carmela Rincon-Loelkes, Murrieta, discussed the Mayor's countless hours of service to the community and the respect he has earned through organizations such as LAFCO, League of Cities, Boys and Girls Club and WRCOG. She said the Mayor has worked very hard to attract businesses to the community and has sacrificed his family, putting the City before his personal life. She asked Council to oppose any action against the Mayor.
Karen Wikert, Murrieta, discussed her understanding of core values and how she lived by them. She said that ethics was personal and implemented by the corporation she worked for and she did not believe that Mayor Seyarto deserved a sanction of any kind. She said that the many times she has seen the Mayor represent the community, he presented a wonderful image that made her proud to be a citizen of Murrieta. She asked that turmoil within Council be kept to a minimum to ensure the growth of the business community.
Sylvia McIndoo, Murrieta, discussed how respect may not be shown to a Councilman yet he is expected to be respectful back. She said that issues pursued after a council meeting may occur with people who have personal and political agendas, can snowball into something that it should not, and there are two sides to every story. She stated she has personally known Mayor Seyarto for many years and has had the opportunity to interface with him, finding him to be informed and insightful. She discussed commissions and agencies he is involved in and his ability to interface well with City staff. She said Mayor Seyarto is an asset and personal “he said, she said” conversations after a Council meeting do not warrant admonishment, sanction or resignation. She asked Council to put personal issues and differences aside, stay focused on the business of the city, and put Murrieta first.
Sam Yoo, Murrieta, said that Mayor Seyarto had a long and committed history of serving the community that extended beyond Council and that he had always represented the city in a professional and distinguished manner. He stated that if you are polite to people, they will reciprocate and that this incident was a private conversation that took place after a meeting was over. He supports Mayor Seyarto, looks forward to his continued service, and opposes any action against him.
Mayor Pro Tem McAllister closed public comments and thanked everyone for showing respect to the speakers.
Council member Gibbs read a letter discussing a resident's embarrassment about local politicians and said that all Council members should be embarrassed by what occurred on June 6, 2006. He said that Mayor Seyarto had a lengthy list of accomplishments but they were here to discuss the Mayor's behavior on a given night, and if the Mayor did or did not violate the Code of Ethics. He discussed former Los Angeles Mayor Tom Bradley's impassive face as insults were hurled at him from the community during his Council term. He said that Mayor Seyarto's statement only needed to say that he apologized, which it did. He discussed the City being a community of neighbors helping and respecting each other and asked that the community respect Council, and Council respect the community. He said that our Code of Ethics has holes in terms of procedure and punishment. He considers sanction to be the appropriate punishment for Mayor Seyarto and cannot in good conscience ask for Mayor Seyarto's resignation. He asked that within the sanction there be a stern warning concerning his inappropriate behavior and language and any future misconduct will result in more severe action.
Council member Enochs discussed the difficult job Council had and how people can say whatever they want to Council but Council cannot react. He apologized to the community for Mayor Seyarto's actions. He quoted Mayor Seyarto's suggestion during the adoption of the Code of Ethics that it be a document with “teeth.” He apologized to Mrs. Butler and Mr. Faunce for the event.
Council member Ostling said that conduct was a part of the Code of Ethics and anyone who had been in public service or the military has this code to live by, and you are only as good as what you do with the code. He addressed the fact that it was he who had rolled his eyes during comments made by Kassen Klein at the meeting of December 6, 2005. He described an incident where community members put No Doze in front of him on the dais because they thought he was sleeping and that Council had to take abuse from the public. He talked about his philosophy when he was Mayor that the community didn't have to like him, they just had to work with him. He said that the Mayor's action was a violation of the Code of Ethics and a stern sanction should be administered.
Mayor Pro Tem McAllister expressed appreciation to the community for allowing the discussion to move forward in a positive manner. He stated a desire at the next Council goal-setting session to address levels of punishment and the public hearing process for violation of the Code of Ethics. He said that the bottom line was the Code of Ethics had been violated. He discussed an incident when he was a Planning Commissioner where the dais had been stormed by the public. He talked about how Council addressed previous violations before the Code of Ethics was established. He discussed why he and Council member Gibbs filed the complaint and that the Code of Ethics be taken seriously, with measures to prevent reoccurrences. He said that the Council Chamber set up for this evening's meeting had created a boundary that needed to be established to prevent a “charging of the dais.” He would like the Code of Ethics to be applied evenly otherwise it will be hypocritical or political. His desire is to sanction the Mayor's actions and continue at all times to place a high standard on the Council.
Action: It was moved by Enochs and seconded by Ostling to remove Kelly Seyarto as Mayor and return him to the level of Council member.
Mayor Pro Tem McAllister requested clarification of the action Council was required to take. City Clerk Kay Vinson explained that Council could choose between admonishment, sanction or censure, and it must be a majority action.
Mayor Pro Tem McAllister called for the vote. On roll call, the vote was:
AYES: Enochs and Ostling
NOES: Gibbs and McAllister
ABSTAIN: Seyarto
Motion failed.
Action: It was moved by Gibbs and seconded by McAllister to sanction Mayor Seyarto. Mayor Pro Tem McAllister called for the vote. On roll call, the vote was:
AYES: Gibbs, Ostling and McAllister
NOES: Enochs
ABSTAIN: Seyarto
GOVERNING BODY ACTIONS/COMMENTS
Ostling: Advised that he was the person who accused Kassen Klein of rolling his eyes and if Council wished to sanction him for that action, they could do so.
ADJOURNMENT
Action: On a motion by Enochs and second by Ostling at 10:40 p.m., the meeting was unanimously adjourned.
A. Kay Vinson, MMC
City Clerk
MURRIETA REDEVELOPMENT AGENCY MINUTES JUNE 20, 2006
26442 BECKMAN COURT, MURRIETA, CA 7:00 P.M. REGULAR MEETING
CALL TO ORDER: Chair Kelly Seyarto called the Regular Meeting to order at 7:04 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF redevelopment agency consent calendar items 21, 22 & 23
Chair Seyarto noted a correction to the Agenda for the Redevelopment Agency Consent Calendar to reflect items 21, 22 and 23. Council member Enochs pulled item 23, Second Amendment to 2006 Redevelopment Plan Amendment.
Action: It was moved by Gibbs and seconded by McAllister to approve Redevelopment Agency consent calendar items 21-24. On roll call, the vote was:
AYES: *Enochs, Gibbs, McAllister, *Ostling and Seyarto
NOES: *Enochs on 22, *Ostling on 22
21. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on June 6, 2006.
22. DOWN PAYMENT ASSISTANCE PROGRAM
Action: Authorized agency staff to establish a down payment assistance program for moderate income homebuyers; and reallocated $140,000 of the surplus in the Low-Mod Fund to the Fee Assistance Account No. 08063.
24. JOINT PUBLIC HEARING WITH THE MURRIETA CITY COUNCIL ON THE PROPOSED 2006 AMENDMENT TO THE REDEVELOPMENT PLAN
Richard Tilberg, Urban Futures, provided the staff report. Chair Seyarto opened the public comments.
Speaking in favor:
Carmela Rincon-Loelkes, Murrieta, supports the redevelopment project area and said it is the only way projects needed by the City can be financed.
Chair Seyarto closed the public comments.
Action: It was moved by Gibbs and seconded by McAllister to adopt Resolution RDA 06-64, approving its report to the City Council of the City of Murrieta concerning the proposed 2006 Amendment to the Redevelopment Plan for the Murrieta Redevelopment Project and authorizing transmittal of said report and the amended plan to the City Council. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
Action: It was moved by McAllister and seconded by Gibbs to continue the Joint Public Hearing with the City Council on the Proposed 2006 Amendment to the Redevelopment Plan, to the meeting of July 5, 2006, direct staff to respond to written objections, and direct staff to return all of the items that were on the agenda except Agency's Resolution Approving the Report to the City Council and Transmitting Said Report and the Redevelopment Plan to the City Council, to the agenda of July 5, 2006. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
PULLED CONSENT CALENDAR ITEMS
23. SECOND AMENDMENT TO 2006 REDEVELOPMENT PLAN AMENDMENT
Council member Enochs explained why he pulled this item and questioned Urban Futures staff concerning the amendment to the contract.
Action: A motion was made by Enochs to award $20,000 for the amendment to the contract for redevelopment plan amendment services. Motion died due to lack of second.
Action: A motion by Gibbs and a second by Ostling to approve the amendment to the contract for redevelopment plan amendment services in the amount of $40,000 and authorized the Executive Director to execute the agreement. On roll call, the vote was:
AYES: Enochs, Gibbs, Ostling and McAllister
NOES: None
ABSTAIN: Seyarto
ADJOURNMENT
Action: On a motion by Enochs and second by Ostling at 10:40 p.m., the meeting was unanimously adjourned.
A. Kay Vinson, MMC
City Clerk
MURRIETA COMMUNITY SERVICES DISTRICT MINUTES JUNE 20, 2006
26442 BECKMAN COURT, MURRIETA, CA 7:00 P.M. REGULAR MEETING
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:04 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF community services district consent calendar items 25 & 26
Action: It was moved by Gibbs and seconded by McAllister to approve Community Services District consent calendar items 25 and 26. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
25. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on June 6, 2006.
26. ACCEPTANCE OF LANDSCAPE AND PARK IMPROVEMENTS FOR A PORTION OF LOT X OF TRACT 29448-1, ANTELOPE HILLS PARK
Action: Accepted the landscape and park improvements for a portion of Lot X of Tract 29448-1, Antelope Hills Park at Murrieta Oaks, and directed the Murrieta Community Services District to commence maintenance of the landscape and park associated with this parcel and recordation of appropriate documents.
ADJOURNMENT
Action: On a motion by Enochs and second by Ostling at 10:40 p.m., the meeting was unanimously adjourned.
A. Kay Vinson, MMC
City Clerk
MURRIETA FIRE DISTRICT MINUTES JUNE 20, 2006
26442 BECKMAN COURT, MURRIETA, CA 7:00 P.M. REGULAR MEETING
CALL TO ORDER: President Kelly Seyarto called the Regular Meeting to order at 7:04 p.m.
Present were: Enochs, Gibbs, McAllister, Ostling and Seyarto. Absent: None.
APPROVAL OF FIRE district consent calendar items 27 & 28
Action: It was moved by Gibbs and seconded by McAllister to approve Fire District consent calendar items 27 and 28. On roll call, the vote was:
AYES: Enochs, Gibbs, McAllister, Ostling and Seyarto
NOES: None
27. MINUTES
Action: Approved the Minutes of the 7:00 p.m. Regular Meeting on June 6, 2006.
28. SENIOR SMOKE DETECTOR PROGRAM UPDATE
Action: Received and filed the update on the Senior Smoke Detector Program.
ADJOURNMENT
Action: On a motion by Enochs and second by Ostling at 10:40 p.m., the meeting was unanimously adjourned.
A. Kay Vinson, MMC
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