CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JANUARY 8, 2004
A point has been reached where, in the opinion of the City Council on the advice of its counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council.
á CONFERENCE WITH LABOR NEGOTIATOR
CITY NEGOTIATOR: John Hendrickson, City Manager
UNREPRESENTED EMPLOYEES: All City Employees except City Manager
1. CALL MEETING TO ORDER
Mayor Carroll called to order the City Council meeting of Thursday January 8, 2004 at 7:36 P.M. in the Community Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Present were: Mayor Carroll, Mayor Pro Tem Borrowe, Councilmembers Douglas, Klein and Millsap. Also present were: City Attorney Colantuono, City Manager Hendrickson, Senior Management Analyst Orchanian, Fire Marshall Powderly, Sheriff Sergeant Wright, City Engineer Melicher and Interim Community Development Director Sandra Massa-Lavitt.
3. FLAG SALUTE
Mayor Carroll asked Thomas Carroll to lead the flag salute.
4. PRESENTATIONS
á A Commendation to Ronald T. Randolph, Ph.D., for his outstanding achievement and dedicated service to the community as Superintendent of Lowell Joint School District, Whittier, California, for 26 years.
Mayor Carroll presented the commendation to Dr. Ronald Randolph.
á A Commendation to Thomas M. Carroll, in recognition for his outstanding achievement of rank of Eagle Scout on December 16, 2003.
Mayor Carroll presented Thomas Carroll with the commendation.
á A Certificate of Appreciation to Naomi Sauble, for her service as a youth worker with the Youth Employment Program from July 2002 through December 2003.
á Mayor Carroll presented the certificate of appreciation to Naomi Sauble.
Senior Management Analyst Orchanian noted that Naomi Sauble has been in the Youth Employment Program since its inception and expressed appreciated for her hard work.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Ms. Sauble thanked Shelly Andros for her work keeping the sign at The Park up to date on up-coming events. She noted that anyone interested in taking over this job should contact City Hall for information.
Los Angeles County has provided Kathy Sauble with a list of subjects to be covered each month. Since this information is sensitive and many young people and elderly people are affected, it has been decided to put these articles on the website. The residents can also pick up the information at City Hall.
Councilmember Millsap asked if they would be using the subjects provided by the County in their monthly meetings.
Ms. Sauble explained that Emergency Preparedness will continue stressing preparedness, evacuation and sheltering in place, but not point out the sensitive topics provided in the County series. She also stated that she has hand-outs on all the subjects that the County has.
Councilmember Millsap asked if they would be working on anything that the public could be involved in.
Ms. Sauble stated that they were working on their Emergency Preparedness Fair for May 8, 2004, which will be combined with the Fire Departments Cinco de Mayo celebration. If anyone has concerns that they would like the Emergency Preparedness to pursue, they would be happy to consider these.
She noted that she is trying to get telephone numbers and e-mail addresses in her neighborhood so they will be able to contact neighbors if anything happens.
Councilmember Millsap asked about the availability of the large water barrels which were available in the past.
Ms. Sauble stated that they cannot get the same barrels, but they may be able to get some at a discount. She stated that she would check on this and anyone may contact her about the barrels.
á Public Works Committee
There was no report from the Public Works Committee.
Elizabeth Karman stated that she was making a formal complaint regarding her neighbor, Mr. Fernandez, living at 1020 Encanada Road for illegal grading and dumping dirt into the natural drainage course. She presented the City Council with pictures showing the area concerned in this grading. She noted that this would cause drainage problems on her property. She stated that there was also a sub-standard retaining wall on this property and she would like to know what can be done for remediating this problem. She requested that the project be stopped and the illegal fill be removed. She also requested that Mr. Fernandez be advised of the laws and ordinances and require Mr. Fernandez to resolve the sub-standard retaining wall and restore her property to its original state before any other construction occurs. She further requested to require Mr. Fernandez to build a bridge, not fill, as the Ordinance requires and require staff and the City Engineer to refer to the General Plan and Ordinances and comply fully with them. Ms. Karman asked that she be advised of any construction plans on this property and require staff and the City Engineer to bring such a construction project to the Planning Commission and/or the City Council in accordance with the General Plan and Ordinances. She asked that the City Council visit the site. Ms. Karman stated that her concern was that the City Engineer would issue a permit without the proper hearings which cannot be reversed or appealed.
Mayor Carroll closed the Public Comment.
The City Manager noted that staff is looking into the matter. Mr. Hendrickson stated that he and the Interim Community Development Director and the Deputy City Engineer have visited the site. He stated that the Deputy City Engineer would be visiting the site with Mr. Fernandez. He noted that Mr. Fernandez has not filed an official application. Mr. Hendrickson stated that unless he moves forward on a project without a permit they do not take action. Mr. Hendrickson stated that his concern is fill at the public right-of-way more than blocking the natural drainage channel at this time. He stated that they will look at all of the issues.
5. APPROVAL OF WARRANTS – DECEMBER 2003
Councilmember Douglas noted that there were several checks for Dapeer, Rosenblit & Litvak, and asked what these checks were for.
The City Manager explained that they are prosecuting attorneys. He noted that the City has had about six major cases and five minor cases that this covered for code enforcement issues not easily resolved. He noted that we try to resolve the issues first before taking legal action.
City Attorney Colantuono explained that at times the only way to get compliance from a resident is to use the criminal process. The criminal process is usually only used if several people in a neighborhood are affected.
The City Manager stated that the one big case was a safety and health issue.
City Attorney Colantuono explained that these lawyers were hired for two reasons. They can do the work cheaper and they have the expertise in getting cost recovery.
Councilmember Klein offered a motion to receive and file the December 2003 Warrants in the amount of $1,044,430.91. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap.
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – NOVEMBER 2003
Mayor Pro Tem Borrowe noted that on page six (6) concerning payments made to the City Attorney under Total Fire Department expense shows that we are 17% over the budget amount. Mr. Borrowe asked if this was year-to-date or for the whole year.
City Manager Hendrickson explained that this line item was 17% over the budget for the whole year due to some unexpected work on weed abatement. It was necessary even though it went over the estimated budget. There are other items that are under budget in the Attorney category.
City Attorney Colantuono noted that this charge would be cost recoverable via the property tax collection roll which takes some time.
City Manager Hendrickson explained that it would not show as a direct offset.
Mayor Pro Tem Borrowe asked why the figure is left out for the grand total percentage on this page.
Mr. Hendrickson agreed that the percentage figure should have been shown. He stated that he did not know why it was not.
City Attorney Colantuono noted that the reimbursable amounts are difficult to track and budget for.
Councilmember Douglas asked on page seven (7) for an update on CUP 2003-01 as the Òfees on depositÓ are overdue.
City Attorney Colantuono explained that he was aware of this and if they do not deposit by the 12th of January the processing of their application will be suspended and prosecution for the code violations will start.
Councilmember Millsap asked the Interim Community Development Director if any money for the CUP 2003-01 has come in since November 30, 2003.
Ms. Massa-Lavitt answered in the negative.
Councilmember Millsap offered a motion to receive and file the TreasurerÕs report of November 2003. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The TreasurerÕs report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to RKA/Transtech Civil Engineers
á Payments to City Attorney
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
7. FISAL YEAR 2002-03 ANNUAL AUDIT
A presentation by Audit Partner Rich Kikuchi, of Lance, Soll & Lunghard, regarding the FY 2002-03 independent audit.
Mr. Rich Kikuchi stated that they have issued an unqualified opinion. He noted that this report is for the fiscal year ending June 30, 2003. On page four (4) it shows that the General Fund balance has increased $415,362. On page six (6) it is shown that the General Fund revenue exceeded the amount budgeted by $208,700. The expenditures were below appropriations by $206,662.
Mr. Kikuchi explained that the City could improve on its record keeping of its fixed assets. He stated that it will be important next year as the City will be implementing the GASB 34 financial statements.
The City Manager explained that we are required to implement the GASB 34 financial statements and we are already working on that.
Councilmember Millsap asked the City Manager how much they had set aside for the GASB 34.
City Manager Hendrickson answered that they had set aside a sufficient amount.
Councilmember Klein offered a motion to receive and file the fiscal year 2002-03 annual audit. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. FISCAL YEAR 2003-04 MID-YEAR BUDGET REVIEW
A presentation by the Administrative Accountant comparing budget and actual revenues and expenditures for July 2003 through December 2003.
The Administrative Account, Freddie Vernon, stated that consideration of the first six (6) months of the fiscal year helps us to project where we may be at the end of the fiscal year and avoid any major surprises. We can make recommendations for needed adjustments and identify areas that will require additional research.
Mr. Vernon stated that General Fund revenues are expected to be over the proposed amount by $218,521. We should get about 2/3 of the backfill covering the shortage of the Vehicle License Fees (VLF). This would add $122,000 to the General Fund revenues. We budgeted only 1/3 of the VLF and we should receive 1/3 of the VLF in 2006. The state will use this 1/3 portion like a loan.
He stated that we have received more revenue from building permits and plan check revenue by about $70,000.
We have also received donations which increased the revenue amounts by $33,000.
Mr. Vernon stated that the Fire Fund has received revenues which are about $8,500 less than expected due to less revenue received from fighting wild fires in other areas. The expenditures will also be lower. The Fire Fund should grow by $25,000 due to savings in salaries.
Capital Projects Funds consist of District #1, District #2 and District #3. We expect to use a considerable amount from District #2 and #3 this year for maintenance of the roads.
Administrative Accountant Vernon explained that General Fund expenses are estimated to be $95,828 more than the budgeted expenses. This is caused by $50,000 committed to be spent on Open Space Information Grant. $50,000 will be spent on plan check services, but revenues will be increased by $70,000 in this area. Code enforcement is more costly than expected, due to more cases we have had to prosecute. Mr. Vernon stated that and we will end up with a $25,000 surplus for the year instead of the $95,000 deficit anticipated.
Mr. Vernon explained that Special Revenue expenses are in line with proposed expenses.
Mr. Vernon also noted that Capital Project and Agency Funds projected actual expenses in line with proposed expenses.
Mayor Carroll asked when we will know for sure if we will get the VLF funds.
City Manager Hendrickson stated that it seems that we will get the funds, but not sure when.
City Attorney Colantuono stated that the VLF payments have started to be made. He stated that his opinion was that we would get the 2/3 backfill this fiscal year. We are not sure that we will get it next year, depending on legislation.
Mr. Vernon continued with revenue detail for the General Fund.
Mr. Vernon stated that we expect to get the full amount budgeted in Property Tax.
Sales taxes are down compared to previous years. We will be contacting the state to see why this is down.
Development Fees, Licenses and Permits will be $88,000 over the amount budgeted.
Mr. Vernon explained that investment revenues will be down about $10,000 as interest rates continue to be down.
We should receive about $235,000 which is 2/3 of the $342,000 for the VLF. $113,000 was budgeted.
We will be exchanging our CDBG funds which will go into the General Fund.
Parks and Recreation funds should be increased by about $30,000 due to donations from residents and supporters.
Special funds and earmarked taxes should total close to budgeted amounts.
The Fire Department is projected to have a surplus of $118,478 as opposed to $93,000 predicted.
CLEEP was budgeted for $1,000, but a $20,000 expenditure is expected. This will be covered by the CLEEP grants.
Mr. Vernon noted that $35,715 was transferred to Agency 1 from District #1 when it was refinanced. Money being spent for road maintenance comes from money saved from previous years.
Mayor Carroll asked how often the City receives Sales Tax.
Mr. Vernon answered that it was once a month.
The City Manager noted that it was Sales and Use tax. He noted that specifics were not public records information. He stated that if the City has a better idea of where the Use tax is coming from we could more easily estimate the Budget in that area.
The City Attorney reminded the audience that if they are engaging in home occupations that generate taxable sales they should register their resellers permit at their home address.
Mr. Vernon explained that they estimate that they will only receive $50,000 for the fiscal year that was budgeted to receive $100,000 in sales tax.
Mr. Vernon explained that page eleven (11) covers the summary of changes in Fund Balances. The total City funds of this schedule begin with the audited balance as of June 30, 2003 begin with 6.1 million dollars and is projected to end with 5.3 million dollars. The Capital projects for road maintenance have money in the bank to cover their work.
Mr. Vernon noted that page fourteen (14) covers proposed expenditures. City Attorney is slightly over budget. The General Services was over budget due to the Open Space Grant of $50,000. Code Enforcement is over budget since we have had more cases this period. Building and Safety is over budget, but we should receive more revenues to pay for the increased cost. We expect to be only about 5% over budget for the General Fund.
Mr. Vernon noted that Special Revenue expenditures are expected to be below budget by about 4%.
Capital Projects and Agency Funds.
Mr. Vernon noted that the City expects to complete District #2 and #3 projects by the end of this fiscal year, so we expect to deplete the entire appropriations. Agency Funds are slightly over budget due to cost of refinancing the bonds. The residents will realize savings in interest over the term of the bonds. He stated that there was also extra money that came out of the bonds that will cover the fees. The total expenditures are expected to be over by 3.5%.
Councilmember Douglas asked for the total revenue coming in to the City from property taxes.
Mr. Vernon answered that it was $777,000.
Councilmember Douglas stated that on page eight (8) there is Secured Property Taxes listed in Fire account 08. What is that amount?
Mr. Vernon explained that this property tax is earmarked especially for the Fire Fund.
City Manager Hendrickson explained that this amount is $770,000.
Councilmember Douglas asked for the total accumulated from the tax payments.
Mr. Vernon answered that the total is $1.5 million. This excludes the assessments for Districts #2 and #3.
Councilmember Douglas asked on page 58 what sort of Workers Compensation rates we pay in the City for the Fire Department?
The City Manager explained that our rates are a little different because we changed from the State Fund to the California Joint Powers Insurance Authority. The CJPIA charges on experience only. When we joined the CJPIA our cost was fixed for about three years. At the end of the three years we will be looked at again and if our experience has changed our rate will be adjusted accordingly.
Councilmember Douglas asked what the MFICA Insurance is.
Mr. Vernon explained that this is the Medicare portion of Social Security Insurance.
Mayor Pro Tem Borrowe commented that he had not asked many questions on the Budget report because he had not received it until last night and the corrections today. He asked that in the future the Council receive the information two weeks before the meeting so they have time to go over the information.
Councilmember Klein offered a motion to receive and file the Budget report. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. APPROVAL OF MINUTES:
Minutes of the Special Meetings of the City Council of November 24, 2003 and December 4, 2003, and of the Regular City Council Meeting of December 11, 2003.
Councilmember Klein offered a motion to approve the Minutes of the Special Meeting of November 24, 2003. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
On the Special City Council meeting of December 4, 2003, Mayor Pro Tem Borrowe
commented on page three, third paragraph from the bottom, the word ÒAuthorityÓ
does not sound correct.
The City Attorney stated that the word should be ÒIntroductionÓ.
Mayor Pro Tem Borrowe offered a motion to approve the December 4, 2003 minutes as amended. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Pro Tem Borrowe asked on page twelve of the Regular City Council meeting for December 11, 2003, under Item 13 if staff had found out if the Planning Commission has adopted rules for Meeting Decorum, and if not, has staff drawn up a Resolution adopting the City CouncilÕs rules?
The City Manager answered in the negative.
The Interim Community Development Director stated that she would take care of that.
The City Attorney asked that the item be agendized for the next meeting.
Councilmember Millsap noted that on page 19 Councilmember KleinÕs name should be added to the ÒAYESÓ motion for Item 14 at the top of the page.
Mayor Pro Tem Borrowe noted that he did not make the following statement on page 19: ÒMayor Pro Tem Borrowe noted for clarity to the Commission on the drainage issue that, drainage alterations are permissible as long as they do not create a nuisance.Ó
The City Manager stated that they would check that. (Statement was made by Councilmember Douglas.)
Councilmember Douglas noted that the City Attorney had gotten very specific about grading, mentioning that not even a teaspoon of grading operation would be allowed. Is this clear to staff what no grading means even though it is not in the minutes.
City Attorney Colantuono explained that he thought it was clear because we were following the memo that he wrote and was available to applicants. His memo was very clear.
Mayor Pro Tem Borrowe stated that on page seventeen, last paragraph, he did not understand what it meant.
City Attorney Colantuono explained that in the second line the word ÒapprovedÓ should be inserted after Homeowners Association hasÉ..
Councilmember Klein offered a motion to move approval of the December 11, 2003 minutes as amended. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. It is recommended that Item 10.a. be acted upon by one motion of the City Council unless separate discussion and/or action are requested by a Councilmember or a member of the audience.
10.a. HEIGHTS CHRISTIAN SCHOOL PROJECT
December 2003 StateÕs Report for Heights Christian School
RECOMMENDATION: Receive and file.
Mayor Pro Tem Borrowe asked that the item 10.a. be pulled for discussion.
Mayor Pro Tem Borrowe noted that he had recently read in the Whittier Daily News that La Habra Heights was considering moving its City Hall. There are also such comments in the Heights Christian School report. Mr. Borrowe stated that his understanding was that they were only considering relocating the Fire Department. Is moving City Hall now also on the agenda?
City Manager Hendrickson explained that the sub-committee in looking at moving the Fire Department decided the whole situation should be looked at from all angles. The question is which situation is more efficient.
The Mayor Pro Tem asked when the Council could expect a report on the findings.
Mr. Hendrickson answered that he was hoping to present a report to the City Council in the first part of February.
Mr. Borrowe asked if this report would include the cost to do these studies to date.
Mr. Hendrickson answered in the affirmative.
Councilmember Klein offered a motion to receive and file. The motion was seconded by Councilmember Millsap and was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. ÒTHE PARKÓ KITCHEN PROJECT – AUTHORIZATION TO RECEIVE FORMAL BIDS AND AWARD CONTRACT TO THE LOWEST RESPONSIBLE BIDDER.
Request for authorization to proceed with the bidding process for plans and specifications pertaining to the kitchen project at ÒThe ParkÓ and authorization to award contract to the lowest responsible bidder.
RECOMMENDATION: Authorization to bid and award contract.
Senior Management Analyst Orchanian stated that she had presented a staff report to the Council. Since then she has sent a memo by e-mail to replace the staff report and give further information to the Council on what staff has decided to do with this project. She stated that she found an error in the memo regarding the grease trap. She stated that the grease trap will remain between the ceiling and the roof. She stated that Councilmember Klein had raised certain concerns regarding the grease trap that caused her to go to the City Engineer Melicher, who provided her with a photo simulation. Ms. Orchanian stated that they decided to go with the mushroom type of component on the roof, as it would be less visible to the public. We are asking that the City Council allow staff to go ahead and proceed with the bid process and to prepare the specifications. The City Engineering firm informed her that they had not provided new blueprints as the mechanical engineer will need several weeks to go over this change and provide the new blueprints.
Councilmember Klein explained that the grease trap should be in the fan. If the fan is on the roof, the grease trap will be on the roof. This will make for easier maintenance. Mr. Klein stated that he was also concerned that the Engineer did not have a proprietary specification for the hood or fan or other items.
City Engineer Melicher stated that he agreed with Councilmember Klein in all of his concerns. He stated that having the grease trap in the attic would raise other issues.
The Council and the City Engineer continued to discuss maintenance, cleaning of the grease trap and coverage of the additional cost.
Ms. Orchanian stated that the Parks and Recreation Commission are working on new rental fees that would take all of this into consideration.
The City Manager suggested that they have a secured gas valve that only staff can get to for turning off the gas when it will not be used.
Councilmember Klein suggested that the CJPIA might be contacted for suggestions of what might be useful or what other cities have done.
Fire Marshall Powderly stated that he could add the service for the cleaning of the grease trap into the community building inspection cycle.
Mayor Pro Tem Borrowe asked if there was a way to have the roof fan blend in better than using shiny metal.
City Engineer Melicher stated that it was common to have it screened.
Mayor Pro Tem Borrowe asked that screening be included in the proposal.
Councilmember Klein offered a motion to go to bid, based on re-design per the oral discussions of Council. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
12. DISCUSSION OF MEETING DECORUM POLICY
Discussion and possible revision of Resolution 96-03, Appendix A, concerning meeting decorum and procedures.
RECOMMENDATION: Provide direction to City staff after discussion.
City Attorney Colantuono explained that at the last Council meeting he had indicated that he would bring the policy back to the Council with some minor changes to update it to reflect changes in the CityÕs practices and changes in the law since the policy was adopted. He stated that he has provided the Council with a redline strikeout copy of the policy with the minor changes he has made. Council can make these changes and discuss any further changes desired.
Mayor Carroll opened the meeting to Public Comment.
Katie Martin, Reposado, stated that the public does not always know when it is the proper time to speak on an item, as it changes at times. She asked that if a procedure changes the audience be notified. Ms. Martin noted that in 2.5 of the procedure it states that Òthe minutes are available to the public following approval by the Council.Ó She noted that they are available as draft minutes before they are approved. She also asked that minutes come out in a Òtimely mannerÓ be added to the procedure. Ms. Martin asked that Agenda Follow-ups be made available to the public.
The City Attorney commented on Katie MartinÕs concerns. Mr. Colantuono explained that the order in which Public Comment is taken is deliberately left flexible so you can use the order differently in different meetings as needed. The number of those who wish to comment will affect when you take the comments and how long the comments can be. He advised that the flexibility be left in the policy, but when the rules change this should be announced.
The City Attorney noted that the Brown Act requires that when we circulate a document to a quorum of the Council for discussion at a meeting, it must be made available to the public at that time unless it is attorney-client privileged or for some other reason to not be made available. We could state that draft minutes become available when circulated to the Council.
Mr. Colantuono stated that Ms. MartinÕs request for a rule that minutes be made available in a timely manner is a policy matter. We should always try to do this.
The last item about the Agenda Follow-up was a mistaken practice and will not be repeated. The only reason for confidentiality is those which contain legal advice or private information such as personal records or medical records.
The consensus of the Council was to not put anything in the rules about the timeliness of minutes as it is much better now.
The consensus of the Council was that the draft minutes are available to the public when they are in the packet provided for the Council. After the meeting the approved minutes have any corrections made and then the final minutes are made available to the public.
Mayor Carroll asked that this be stated in the procedure rules.
Councilmember Douglas asked a question on ÒAgenda PreparationÓ at 5.2. He asked if the second sentence speaking of the ÒAgendaÓ meant the whole packet.
The City Attorney noted that they usually say ÒAgenda packetÓ.
Councilmember Douglas stated that he got an item for the packet in the mail at a separate time and he would like to have the whole packet at once.
The City Manager explained that he had only received it on Monday and then mailed it out.
Councilmember Klein asked to continue Item 12 to the next regular meeting.
Mayor Pro Tem Borrowe asked what Òextent consistent with government code sectionÓ means in 4.5 ÒPreservation of OrderÓ.
City Attorney Colantuono explained that it means that people have the right to criticize your programs and services.
Mayor Pro Tem Borrowe spoke about a portion from the Norwalk rules he would like added to our 6.2 ÒPersonal and Slanderous RemarksÓ. He asked that the Norwalk rules be brought back to the next meeting for discussion. Mr. Borrowe also mentioned adding one of the Norwalk rules, d5 to our 4.5., Preservation of Order.
Mayor Carroll asked for the City AttorneyÕs wording for the draft minutes addition.
The City Attorney stated ÒDraft minutes shall be made available to the public when circulated to the City Council for their consideration as required by the Brown Act.Ó He stated that this will be added to the rules.
Councilmember Douglas asked that the address for City Council meetings under 3.1 be removed. Ò1245 N. Hacienda Boulevard.Ó
City Attorney Colantuono explained the main changes he made in the procedures. He stated that the changes in 5.1 just mimic what the existing Agendas look like. He stated that in 5.7 he added that the public does not have the right to remove anything from the Consent Calendar. They can ask the Council to do it, but if you say no, they have to give their comments during the Public Comment which precedes the Consent Calendar. Mr. Colantuono stated that he has replaced the word ÒcitizenÓ with Òmembers of the public.Ó He stated that he did clarify the point as requested on page 7 that persons may speak anonymously without giving their name and address.
Mayor Carroll noted that this item is continued to the next regular City Council meeting.
13. COMMUNITY DEVELOPMENT BLOCK GRANT (ÒCDBGÓ) FUNDS
Request for the exchange of CDBG funds in the amount of $29,045 for general funds in the amount of $17,717.45 for the fiscal year 2004-05 with the City of San Fernando.
RECOMMENDATION: Adopt Resolution No. 04-01 approving request to exchange funds.
RESOLUTION NO. 04-01 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (ÒCDBGÓ) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2004-05 WITH THE CITY OF SAN FERNANDO.
Senior Management Analyst Orchanian explained that she has to make a correction to the staff report. We originally reported that the exchange amount was $29,045, which included the administrative portion as well. However the CDBG Commission during our discussion explained that the administrative portion could not be included. The correct amount is $26,140. We were also advised that we need to do a Public Hearing notice thirty days in advance. The City of San Fernando will exchange the funds for $15,684. However, we ask the City Council to continue this item due to the information that we need to do the thirty day Public Hearing notice. She noted that she has already placed the ad in the newspaper. It should be alright by the next Council meeting on February 12. The deadline is February 18, 2004.
Councilmember Klein asked that this item be continued to the February 12, 2004 Council meeting.
14. INCREASE IN THE CITYÕS PORTION OF RETIRED COUNCIL MEMBERS HEALTH INSURANCE PREMIUM
Under senate Bill 1464, the Minimum Employer Contribution (MEC) for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) will increase from $16 per month per employee/annuitant to $32.20 per month.
RECOMMENDATION: Council approve increase in retired council members monthly contribution from $16 per month to $32.20.
RESOLUTION NO. 04-02 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS FIXING THE EMPLOYERÕS CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE.
The City Manager reported that several years ago the Council members were paid $1 and they were eligible to be on the PERS medical program. The City would pay $16 and they would pay the balance of the cost. As of 1999 no one on the Council received any amount of money since then so are not eligible for this plan. The rate for those who were eligible is being changed from $16 to $32.20 per month for those former City Council members. The rate will go up until in 2008 the rate will be $97 per month. There are only three former Council members who take advantage of this medical care through PERS. We could negate our contract with PERS, but this would affect all of our employees.
City Attorney Colantuono explained that you could look for different coverage or you could ask the former Council members if they would like to absorb the cost and pay you for the $32.20 per month. They are not obligated to do this.
Councilmember Millsap asked if the same situation covered the dental plan.
The City Manager answered in the negative. He explained that they pay the entire dental amount.
Councilmember Douglas asked if the cost was going up to cover the regular employees.
Mr. Hendrickson noted that this was probably true, but the City only pays for the employee. He has to pay for his dependents if he wants their coverage. He stated that he could not confirm that the employee charge would go up in the same proportion as the former Council members. He stated that he has not received any information on this.
Councilmember Douglas offered a motion to approve Resolution No. 04-02 to increase the employerÕs monthly contribution for the Pemhca insurance from $16 to $32.20 and to send a letter to the former Councilmembers asking for a voluntary check covering the CityÕs portion of the medical insurance every year. The motion was seconded by Mayor Carroll:
The City Manager corrected section 2 of Resolution 04-02 to read $32.20. He stated that the Resolution can be amended so it does not have to be changed each year by (changing the word ÒallowableÓ in section 2 to read Òrequired under the ActÓ) as in attachment ÒAÓ (front page).
The motion was approved as amended by Councilmember Douglas and City Manager Hendrickson and seconded by Mayor Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. CITY MANAGERÕS REPORT
á Reminder of Quarterly Clean-up, at The Park, on January 10, 2004.
Senior Management Analyst Orchanian reported on the Quarterly Clean up at The Park this Saturday. She reminded the public that they would not be accepting propane, TVÕs, Computers, printers or hazardous material. Residents may bring furniture, construction debris and other items to the upper parking lot. She stated that I.D.s will be checked to make sure of La Habra Heights residence. Green waste drop off will be in the lower parking lot. No more than two loads will be accepted and none after l:00 P.M.
Ms. Orchanian stated that Waste Management told her some people were leaving metal stands on their Christmas trees. She noted that she had announced that this would not be allowed at the landfill. Wood or plastic stands are acceptable.
City Manager Hendrickson explained that the consultant, Mr. Blodgett, told him that he has finished the update to the General Plan. You should find copies tomorrow afternoon after 3:00 or 4:00 P.M. at the Fire Department. Copies will be made available to the public Monday at City Hall. Next week he should be placing the EIR ten day notice in the newspaper.
CITY ATTORNEYÕS REPORT
City Attorney Colantuono reported that the GovernorÕs two fiscal measures are on the March ballot. One measure authorizes $15 billion worth of debt to roll the current operating debt forward for a period of years. The second measure poses a spending cap on the Legislature that requires a Òrainy dayÓ reserve to be funded from which the legislature could draw in down fiscal years. These two measures are tied together. They must both pass or not at all. We must study these and decide how we will vote.
At the fall election we will see up to 20 measures on the ballot on many finance issues.
16. PLANNING DIRECTORÕS REPORT
There will be no report.
Councilmember Douglas asked the City Manager if it was possible to have a summary come to the Council about what is being done by individuals on property in the City.
The City Manager stated that he gets a report from the Building Department on what projects she is inspecting. There could also be a list of new approvals and projects.
Councilmember Millsap stated that several years ago, there was going to be a log at the counter available to the public. Is this available?
City Manager Hendrickson stated that he did not recall a log. He noted that he could provide a report from the Building Department and Planning for the Council.
Mayor Pro Tem Borrowe stated that it had been promised that there would be a computer logging the applications and their status. He asked if this is being done.
Mr. Hendrickson stated that such records are computerized.
Councilmember Douglas asked if such information was then available for GIS use.
Mr. Hendrickson answered in the affirmative.
17. CITY ENGINEERÕS REPORT
There was no City EngineerÕs report.
18. FIRE CHIEFÕS REPORT
Fire Marshal Powderly presented the Fire DepartmentÕs report. He commented that the Emergency Operation Plan is still under the review process and being updated. He noted that the tumbleweeds need to be removed, as they are a road hazard when they blow around.
19. SHERIFFÕS DEPARTMENT REPORT
There was no SheriffÕs report.
21. COMMISSION/COMMITTEE REPORTS
There were no Commission/Committee reports.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Katie Martin, Reposado, stated that after she spoke previously on the Meeting Decorum, there was misrepresentation about why the minutes were not handled in a timely manner. She stated that Barbara and or Sheryl Brady did not get enough credit. When she asked why the minutes were not done, she was told that they were done they just had not been agendized. She also asked why the bulletin board at The Park was not noticing the coming cleanup day.
The City Manager explained that Kathy Sauble brought up that the person that had been taking care of this had quit and we need someone to volunteer to do this and until then the Senior Management Analyst will be taking care of the bulletin board.
Rick Martin, Reposado, stated his disappointment that the City Attorney misrepresented why the minutes in the past were not agendized in a timely manner.
Councilmember Douglas commented that he had wanted to schedule a special meeting dedicated to the Fire Department. The public needs to know all that the Fire Department does to keep the residents safe. The sub-committee also has much information on the Fire Department issue. It would be hard to squeeze all this into a regular meeting.
Mayor Pro Tem Borrowe noted that the next Council meeting will be on the General Plan and he would like to know how the Council should prepare for that meeting.
City Manager Hendrickson stated that this would be basically a final chance to make any changes.
Mayor Carroll suggested that they go from the back to the front as they had originally gone through the General Plan. He announced that Joe Geissinger would not be at the camera on January 14 and his replacement would not be available until 7:00 P.M. He asked that the meeting start then instead of the 6:00 P.M. scheduled.
The City Manager noted that it would be noted that way on the Agenda postings at the usual three places.
ADJOURNMENT
Mayor Carroll adjourned to a Special City Council meeting on January 14, 2004.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON