CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION AND RECONVENE
Since the City Council finds (based on advice from legal counsel) that discussion in open session would prejudice the position of the local agency in litigation, the meeting was adjourned to a closed session at 7:00 p.m. All five members of the City Council were in attendance; also attending was City Attorney Colantuono. Subjects discussed were personnel matters --conference with labor negotiator.
The meeting was reconvened in open session at 8:00 p.m. with all members of the City Council present. City Attorney Colantuono announced that the City Council met in closed session to discuss labor negotiations as noted on the closed session agenda and reported the following results:
By unanimous vote the Council offered, and the Fire Chief accepted two benefit package enhancements: 1) a deferred compensation agreement comparable to that provided with the City Manager position; and 2) a tuition reimbursement benefit for educational activity germane to his employment with La Habra Heights.
The City negotiated with City Manager Lindsey and accepted her offer of resignation. Following its preparation and signing, the agreement will be a public record. Ms. Lindsey will remain the La Habra Heights City Manager until January 2, 2002, but her last day in office will be October 31, 2001. The agreement with the City Manager passed by a three-to-two vote with Mayor Pro Tem Carroll and Councilmember Klein voting to abstain.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Engelhardt at 8:05 p.m. on Thursday, October 11, 2001, at the Community Center, 1245 North Hacienda Road, La Habra Heights.
2. ROLL CALL
Councilmembers present were: Borrowe, Carroll, Engelhardt, Klein, and Millsap. Also present were City Attorney Colantuono, Fire Chief Nelson, Planning Director Brady, Senior Management Analyst Orchanian, City Engineer Milano, Fire Marshal Nielson, Sheriff's Department Lieutenant Ault, and Deputy City Clerk Coulter.
3. FLAG SALUTE
Chief Nelson led the salute to the flag.
4. PRESENTATION
Fire Chief Nelson and Sheriff's Department Lieutenant Ault discussed the effects of the September 11, 2001 terrorists' act at the World Trade Center in New York. Both thanked the community for its continued support and pledged to continue working for the safety of all La Habra Heights residents.
Kathy Sauble, Emergency Preparedness Chairperson, spoke regarding safety measures for the home.
Jessica Winship, Volunteer Coordinator, reported on the results of the September 22, 2001 Garage Sale and Legal Clinic held at The Park. Funds collected totaled $1,600 (additionally $1,501 was collected for the New York Fire Fighters Donation Fund). It was requested that from the $1,600 collected, $1,000 be donated to Parks and Recreation to benefit La Habra Heights residents; the remaining money to remain in a fund out of which workers comp insurance coverage will be paid for the civilian Volunteers.
Janice Slattery, Sharpless Drive, inquired as (and the City Attorney responded) to closed session procedure.
Betty Flick, Reposado Drive, thanked the community for its help when she was out of the country during the September 11, 2001 attack in New York and unable to return to the United States. She also spoke in support of the City Council and encouraged the Council to stand firm on City issues for which they were elected.
David Wilkin, Dorothea Road, spoke in support of the City Council. Regarding rumors to recall Councilmembers who contributed to the termination of the City Manager, he asked where is the gain, and noted that a recall retribution does not make sense.
William Moon, Chairperson of the Parks and Recreation Commission, reported the results of the Saturday, September 22, 2001 garage sale raffle drawing and turning over the proceeds to the City.
Will Slattery, Sharpless Drive, spoke in support of the City Council and the governmental process.
David Maislen, Flowerfield Lane, indicating that he mourns the loss of a valued City employee and spoke in support of City Manager Lindsey.
John Pearce, Lamat Road, pointed out that this City pays approximately 40% below market value for its City Manager position. He continued and spoke in favor of City Manager Lindsey.
Eugene Metzger, Dorothea Road, indicated that he is proud of the City Council.
Dyanna Heiss, Encanada Drive, spoke of her sadness at the resignation of City Manager Lindsey. She indicated that the community would not feel so divided if the Council were to inform the residents why City Manager Lindsey's employment was terminated.
Marsha Coolidge, Roads Committee Member, spoke in support of City Manager Lindsey and asked that the City Council reconsider her resignation.
John Erickson, Cloister Drive, indicated that he does not understand why the City Manager was asked to resign. He thanked City Manager Lindsey for her dedication and service to the community.
Tim Bradley, Nabal Road, referring to his years of community service, said that City Manager Lindsey has been the best City Manager he has ever worked with.
Mark Offenberger, Kashlan Road, referring to recall notices, he pointed out that La Habra Heights residents do not elect a City Manager into office. It is the City Council's responsibility to make policy for the City and choose a Manager who will best carry out the Council's policy.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
The September warrants in the amount of $239,478.11were unanimously approved.
6. TREASURERŐS REPORT FOR AUGUST, 2001
The Treasurer's Report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash with Fiscal Accounts
á RKA Civil Engineers
á Richard, Watson, & Gershon Law Firm
á Major Conditional Use Permits
á District No. 1 Activities
á Fund Activity Report
á Budget Reports
Regarding the monthly financial statements, City Treasurer Arlene Mosley pointed out that the cash schedule total on page 3 should match page 11, and staff is working to reconcile.
There being no objection, the Treasurer's Report was deemed received and filed.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special City Council Meeting of April 4, 2001; a Special City Council Meeting of June 21, 2001; and a Regular City Council Meeting of September 11, 2001.
Councilmember Borrowe requested a correction on page 16 of the September 11, 2001 minutes, noting that Mayor Pro Tem Borrowe should be corrected to read Councilmember Borrowe.
Minutes of April 4, 2001, June 21, 2001 and September 11, 2001--as amended--were approved unanimously by Councilmembers who sat in attendance at said meetings.
CONSENT CALENDAR
8. It was recommended that items 8a through 8b be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action is requested by a Councilmember or a member of the audience.
Les Williams, Roads Committee Chairperson, wished to address agenda item 8a.
8b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AN ASSIGNMENT AGREEMENT WITH THE CITY OF WHITTIER
A Resolution to approve agreement with the City of Whittier for exchange of Prop A funds for General funds at a 65-cents-per-dollar exchange rate.
RECOMMENDATION: ADOPT RESOLUTION No. 01-41
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Klein to adopt Resolution No. 01-41 approving the Prop A funds-exchange agreement with the City of Whittier. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR (Continued)
8a. ROADS COMMITTEE MEMBER APPOINTMENTS
Consideration of applications from Jerry Shipman and Richard Luff to serve on the La Habra Heights Roads Committee. (Continued from the September 13, 2001 Council meeting.)
RECOMMENDATION: APPROVE APPOINTMENT
Les Williams, Roads Committee Chairperson, recommended that the Roads Committee application period end October 31, 2001 (present deadline date was noted as November 19, 2001), and this item be continued to the November 8, 2001 City Council meeting.
The City Council concurred.
PUBLIC HEARINGS
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING VARIANCE 2001-02
Planning Director Brady presented a staff report and staff's recommendation to approve the categorical exemption and adopt Variance 2001-02 to exceed the amount of impervious surface area at 2625 Ardsheal Drive.
She continued that the applicant, Mr. Kwong, had reported removal of the carport without first contacting the City's Engineering Department. The removed carport was set in a dirt area and concrete was poured where the carport previously stood. The impervious surface area is not to exceed .378 acres for the site; currently the total impervious surface area is .41 acres. In conclusion, the Planning Director reported that findings can be made in support of this application and approval is still recommended.
Mayor Engelhardt opened the public hearing. As no one wished to speak, the public hearing was closed.
A motion was offered Mayor Pro Tem Carroll, which was seconded by Councilmember Millsap to adopt the amended Resolution No. 01-42 distributed this evening. (It was noted that the correction was minor and did not change the intent.) The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
10. PROPOSED CREATION OF A PUBLIC WORKS COMMITTEE
City Attorney Colantuono presented a brief overview of the proposed resolution and the City Manager's suggestions for amended language. Discussion ensued.
A motion was offered by Mayor Pro Tem Carroll to adopt the proposed resolution as amended by the City Manager. The motion died for a lack of a second.
The major area of concern was resolution's use of the word "oversight" in paragraph 6. Councilmember Klein voiced opposition to the word oversight to describe the duties of the advisory committee. Councilmember Borrowe felt that oversight is appropriate as it refers to the committee's recommendation to the Council, and the Council then makes a decision. There was no opposition to paragraph 4, placing the word public in front of records.
A motion was (again) offered by Mayor Pro Tem Carroll, and was seconded by Councilmember Klein to adopt the proposed resolution as amended by the City Manager (note: replaces oversight with advice). The motion failed as follows:
AYES: Carroll and Klein
NOES: Borrowe, Engelhardt and Millsap
ABSENT: None
Roads Committee Chairperson Les Williams indicated that the oversight concept is not to provide direction to staff. It is a neutral position whereby the committee looks at, reviews, discusses issues, and reports back to the City Council. He said that the Roads Committee could only come up with oversight, and advisory does not pertain to similar duties.
Following further discussion, the Council reached a consensus to use a form of the word "evaluation" instead of oversight.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Millsap to adopt Resolution No. 01-43 as amended. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
11. PUBLIC WORKS PROJECT CHANGE ORDERS
Chairperson Williams suggested that this item be tabled. He continued that the City Manager indicated that a review of the City's purchase and procurement policy is upcoming. He thought it appropriate to include this matter with the review, rather than set a policy to be modified shortly thereafter.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Millsap to table this item to the December 13, 2001 City Council meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
12. CITY MANAGERŐS REPORT
None
13. CITY ATTORNEYŐS REPORT
None
14. CITY ENGINEERŐS REPORT
City Engineer Milano briefly discussed issues relating to the City's roads repairs and the Hacienda Road-Skyline traffic signal.
15. FIRE CHIEFŐS REPORT
Fire Chief Nelson gave the Fire Department's monthly operation status report and apprised the City Council of additional matters of interest.
16. SHERIFF'S DEPARTMENT REPORT
Lieutenant Ault reported Industry Sheriff's Station Open House to be held on October 20, 2001.
Regarding a follow-up item for the recently-held Town Hall Meeting regarding safety, the Lieutenant noted that La Habra Heights residents should report the Centralized Dispatch Center's phone number (323) 267-2546 to their alarm company.
She encouraged the community to continue to call the Sheriff's Department when they see something suspicious.
17. COMMISSION/COMMITTEE REPORTS
None
CITY COUNCIL COMMENTS
Mayor Pro Tem Carroll said that Sheryl Lindsey's departure as City Manager is unfortunate. He indicated that he will miss her dedication and devotion to her job.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Kathy Wooley, Leucadia Road, discussed what she believed to be a negative comment made by the Mayor.
ADJOURNMENT
Mayor Engelhardt adjourned the meeting at 9:30 p.m.
ATTEST:
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City Clerk