CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
Since the Council finds (based on advice from legal counsel) that discussion in open session will prejudice the position of the local agency in litigation, the meeting was adjourned to a closed session at 6:05 p.m. All Councilmembers were present; also present were City Manager Lindsey and City Attorney Colantuono.
The meeting was reconvened in open session at 7:35 p.m. City Attorney Colantuono announced that during closed session the City Council deliberated the items on the closed session agenda. He stated that existing litigation and initiation of litigation requires no reporting since no actions were taken. Regarding public employee's performance evaluation--the Council extended an offer to the effective employee; the employee accepted the offer; and the contract will be on the Council's March consent calendar.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Powers at 7:40 p.m. on Thursday, February 8, 2001, at the Community Center, 1245 No. Hacienda Road, La Habra Heights.
2. ROLL CALL
Councilmembers present were: Daniel, Engelhardt, Klein, Powers and Spothelfer. Also present were City Manager Lindsey, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, City Engineer Milano, and Sheriff's Department Deputy Rhodes.
3. FLAG SALUTE AND INVOCATION
The flag salute was led by Tab Rhodes. The invocation was led by Fire Chief Nelson.
4. ANNOUNCEMENTS
Councilmember Spothelfer provided information of community interest regarding upcoming events.
5. PRESENTATIONS
á A presentation of commendation was presented to City Volunteers.
á A proclamation was presented by Mayor Powers declaring February 18-24, 2001 as National Engineers Week.
Kathy Sauble, Chairperson for Emergency Preparedness, noted that 30 years ago on February 9, 1971, the San Fernando Earthquake with a magnitude of 6.6 caused 65 deaths and $500 million in property damage. Chairperson Sauble continued by addressing earthquake preparedness.
Stephen Blagden, Citron Road, spoke regarding the City's roads project.
Roland von Dorp, Reposado Drive, member of Wildlife Corridor Conservation Authority Advisory Committee, discussed plans to clean up the Powder Canyon area.
Richard Hyslop, Assistant Fire Chief speaking as a resident regarding Measure A for the upcoming City election.
FINANCIAL MATTERS
6. APPROVAL OF WARRANTS
The January 2001 warrants in the amount of $1,081,108.68 were approved unanimously.
7. TREASURERŐS REPORT FOR JANUARY 2001
There being no objection, the Treasurer's Report was deemed received and filed.
STANDARD MOTIONS
8. APPROVAL OF MINUTES: Minutes of an Adjourned City Council Meeting of March 23, 2000, and a Regular City Council Meeting of October 12, 2000
Minutes for March 23, 2000 and October 12, 2000 were approved by all Councilmembers who sat in attendance at said meetings.
CONSENT CALENDAR
9. It was recommended that items 9a through 9d be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
It was requested that agenda items 9b and 9d be removed for separate discussion.
9a. A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF
Consideration of a Resolution starting the 2001 weed abatement cycle for unimproved lands in the City. The program is conducted under contract by the Los Angeles County Department of Agriculture.
and
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF IMPROVED, DEVELOPED AND OTHER PROPERTIES IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF
Consideration of a Resolution starting the 2001 weed abatement cycle for improved lands in the City. The program is conducted by the City.
RECOMMENDATION: ADOPT RESOLUTIONS Nos. 01-05 & 01-06
9c. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AND SUPPORTING THE APPLICATION OF CALIFORNIA CITIES HELEN-PUTNAM AWARD FOR EXCELLENCE
Consideration of approval for the La Habra Heights Fire Department to enter the California Cities Helen Putnam Award contest.
RECOMMENDATION: ADOPT RESOLUTION No. 01-07
A motion was offered by Mayor Pro Tem Daniel, which was seconded by Councilmember Spothelfer to approve staff's recommendation for consent calendar items 9a and 9c. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
The City Attorney introduced the approved Resolutions entitled as noted.
CONSENT CALENDAR (Continued)
9b. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE REPORT
Regarding the school's deposit requirement, City Manager Lindsey responded that the account is paid in full and $5,000 is currently on deposit. She said that staff will move forward with getting further deposit.
Councilmember Engelhardt asked if the school's monthly report could include information on the progress of the City's 41 required items resulting from the school having submitted the project's master plan.
Staff was directed to draft a letter for the Mayor's signature requesting that a representative be present at the March Council meeting. Councilmember Klein opined that a representative should be present at every monthly meeting until the project is completed.
9d REQUEST TO AWARD CONTRACT FOR PHASE III CHIP SEAL AND SLURRY SEAL BIDS
Report on review of bid opening for the Phase III Roads Project chip seal and slurry seal rebids and consideration of award of contracts.
RECOMMENDATION: AWARD CONTRACTS
Roads Committee Chairperson Smith reported that this would complete the original roads project. Continuing, he stated the consensus of the Roads Committee is that even though oil prices have not declined and bids are over budget, the City cannot continue to hold off on the chip sealing Phase III roads project. Hacienda improvements will be submitted for bids following the Crimson project. The recommendation was for Council to approve the chip seal and slurry seal bids.
Discussion ensued regarding the project's funding allocation. Mr. Smith responded as follows: Chip seal will be paid with Phase III funds and slurry seal with Phase II funds. Phase III roads are being chip sealed and slurry sealed over the chip seal. East Road is also included in this project. Regarding the District II $87,000 fund allocation, Mr. Smith explained that maintenance should be done every four years to reseal the roadway. Since East Road has cracks, it would be appropriate to use District II funds to revitalize the road. He responded affirmatively that slurry seal on Phase III roads will be paid with District II funds. In conclusion, he said the project is currently within budget and anticipates the final project to be within budget.
A motion was offered by Councilmember Klein, which was seconded by Mayor Pro Tem Daniel to authorize the recommended course of action to award contracts. The motion was approved as follows:
AYES: Daniel, Klein, Powers, and Spothelfer
NOES: Engelhardt
ABSENT: None
Councilmember Engelhardt said that she is in favor of the chip seal and negative on taking slurry seal out of District II.
City Attorney Colantuono asked Councilmember Engelhardt if she would be comfortable with voting for the motion, but have the minutes reflect opposition to the funding source? Councilmember Engelhardt responded, "Only of the Phase III slurry."
PUBLIC HEARINGS
None
OLD BUSINESS
10. BUDGET ADVISORY COMMITTEE
City Manager Lindsey reported on a meeting with Councilmember Engelhardt, City Treasurer Sixt, and herself to discuss the proposed budget advisory committee. The purpose and scope of the committee is presented to the Council this evening, and staff requests direction on how to proceed.
Discussion ensued regarding what constitutes a Brown Act committee. The City Attorney indicated two ways a committee is not required to comply with the Brown Act--1) a temporary-advisory committee consisting of less than a quorum of the Brown Act body; and 2) a committee that was not created by formal council action. It was determined that a committee appointed by the Council would need to post a 24-hour agenda notice.
It was felt that the City Council appointing the committee members would provide a broad range of community representation.
Following continued discussion, City Manager Lindsey indicated agreement that the presentation of the City's budget is the responsibility of the City Manager. She indicated that she would be happy to look into creating a budget committee as the Council seems inclined.
There was consensus of the City Council to move forward and take applications for a City Council-appointed budget advisory committee.
Concerns arose regarding a committee that reports to the City Council, but the City Manager is held responsible. The Council agreed to have a committee appointed by the Council that answers to the City Manager. The City Attorney was requested to make the appropriate changes and the document be presented at the March Council meeting.
It was also noted that the City Treasurer is to be a member of the committee and the current City Treasurer will be leaving this coming May. The Council indicated that the City Manager is to seek the staffing of the position; was directed to advertise for City Treasurer and budget committee members; the balance of this matter was put over to the March Council meeting. The revision of the scope of the budget committee will be revised by the City Attorney.
NEW BUSINESS
11. MID-YEAR BUDGET REVIEW
City Manager Lindsey reported that the basic component of the mid-year budget is to report the City's revenues and expenditures. These are actual numbers to provide a basic concept of where the City is at midyear, and does not include any estimated projections. Have received within General Fund about 48% of the expected income and expenditures are at 48%, the Fire Fund is at 40%, and the grand total for all fund expenditures is 41%.
Exhibit A separates the General Fund from other funds, and Exhibit B is how the budget is separated out. Several categories were pointed out where monies received were more than budgeted. Total revenues received are 58% of budgeted. Regarding expenditures not budgeted, we'll attempt to cutback on other expenses to offset for the additional expenditures. City Manager Lindsey continued noting several categories for expenditures not budgeted.
Mayor Pro Tem Daniel said he wants to make sure that this budget is charted so that at the end of the year the predicted General Fund balance is achieved as predicted at the beginning of the year. He stated that he does not see anything to indicate a problem with achieving this goal; City Manager Lindsey concurred.
Councilmember Engelhardt pointed out what she believed to be confusing calculations regarding Law Enforcement Services and Engineering Services for Building and Safety; and discussion followed.
A motion was offered by Mayor Pro Tem Daniel, which was seconded by Councilmember Engelhardt to adjust the mid-year budget to include additional revenues. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
Mayor Powers requested a report from the Sheriff's Department as to revenues generated by citations issued by the Department for the previous six-month period.
12. RECYCLING BINS AT THE PARK
Mayor Powers stated that currently the Recycling Center exists below the slope off the lower parking lot at Encanada Drive. The concern is regarding security and illegal dumping of trash.
City Manager Lindsey reported that this started through a citizen complaint who had expressed concern about the unsightly nature of the Recycling Center. The City Manager inquired if the Council thought people may be less inclined to drop off general trash if the site were relocated to a more lighted area of The Park. The new recyclable containers will have retrofitted lids with a shopping-bag sized openings. Two wooden signs will also be purchased with the program's grant funds: 1) Recycling Center sign with a directional arrow at the corner of Hacienda and Encanada, and 2) La Habra Heights Recycling Center sign in front of the recycling center.
Discussion ensued regarding maintenance for The Park Recycling Center. It was decided that this would have to be a voluntary service such as 4-H who, it was noted, maintained the recycling center previously.
Councilmember Spothelfer said that she thinks the Recycling Center should remain where it currently exists. People are now used to this location, and having the bins in the upper parking lot would take up too much space. She stated that a few years ago when bins were in the upper lot, people were still disposing trash illegally. It was her opinion that relocating the bins would not cut down on the dumping of general trash.
Councilmember Klein also thought that the current location is a good spot since it is accessible to the public and out of the way.
Discussion ensued regarding how to curtail people using the Center as a dump-off site as a way to avoid paying for trash services. The following suggestions were made: containers may need to be emptied twice a week; install signs regarding illegal dumping; enforce a citation procedure; Sheriff's Department and VOP patrol the area; and residents report license numbers when observing illegal dumping.
A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Klein to keep the recycling bins at the current location. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
13. CITY MANAGERŐS REPORT
14. CITY ATTORNEYŐS REPORT
15. CITY ENGINEERŐS REPORT
16. FIRE CHIEFŐS REPORT
17. PLANNING COMMISSIONŐS REPORT
CITY COUNCIL COMMENTS
Councilmember Spothelfer requested that this evening's Council meeting be adjourned in memory of Delphine Smith who was a resident of La Habra Heights since 1929 and had contributed a great deal to the community. All who knew her, loved her and she will be missed. Ms. Smith passed away in January at the age of 93.
Mayor Powers added that Delphine Smith was very active for many years in her efforts to preserve the community and with the City's incorporation.
Councilmember Spothelfer also noted that (senior) Jim Swartsbaugh who lived on Ardsheal Drive for many years and raised his sons in the Heights had passed away in Victorville at the age 60.
"Our sympathies goes out to their families."
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
The meeting was adjourned in memory of Delphine Smith.
ATTEST:
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Interim City Clerk Diaz