CITY OF LA HABRA HEIGHTS
REGULAR CITY COUNCIL MEETING MINUTES
AUGUST 14, 2008
CLOSED SESSION
PERSONNEL
á CONFERENCE WITH LABOR NEGOTIATOR
Govt. Code ¤54957.6
City Negotiator: Sandra J. Levin, City Attorney
Unrepresented Employee: City Manager
á PUBLIC EMPLOYEE APPOINTMENT
Govt. Code ¤ 54957
Title: City Manager
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Chairman Stan Carroll called the August 14, 2008 Regular City Council Meeting to order at 7:53 p.m. He noted that they have just returned from an interview of residents applying for the Planning Commission.
2. ROLL CALL - Mayor Stan Carroll, Mayor Pro Tem Howard Vipperman, Council Members Layne Baroldi, Brian Bergman, and Tela Millsap. Also present City Attorney Sandra Levin, Interim City Manager Shauna Clark, Management Analyst Catherine Leland, Deputy City Clerk Grace Andres, City Engineer Majdi Ataya, Fire Chief John Nielsen, Captain Craig Nuss and Sheriff Lieutenant John McBride.
3. FLAG SALUTE - led by Kathy Sauble
4. PRESENTATIONS
á Commendation, Kathy Sauble
Mayor Carroll presented Ms Sauble with a plaque for her services chairing The Emergency Preparedness Committee.
Norm Zezula stated that she had made a difference in the city and Yvonne Strain presented her with a bouquet.
Judy Hathaway Francis commended her for years of work.
Kathy Sauble reported her enjoyment in working with the people of the Community and the Fire Department. She stated that she is volunteering with the SheriffÕs Department now. She encouraged residents to volunteer.
Mayor Carroll called for a five minute recess to honor Kathy Sauble in the Fire Department Training Room at 7:59 p.m.; reconvened at 8:16 p.m.
á Habitat Authority Advisory Committee Update, William (Bill) McDermott
Bill McDermott gave an update on preservation efforts.
á Public Works Committee, Chairperson Jerry Shipman
Jerry Shipman stated that they are almost finished with Zone 1 of road maintenance; the Hacienda repair grant expires at the end of September and is moving ahead.
Mayor Carroll thanked the Lystrup family for baking cookies; shared by everyone for KathyÕs celebration.
5. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA
Jessica Winship, Lost Animal Network, announced that two German Shepherds were found on Hacienda near Skyline. They are sheltered. Call 691-1920.
Samin Mehodady proposed a tolling system on the north and south ends of Hacienda Road in collaboration with State and Local authorities to increase revenue. It would target non-residents using Hacienda to travel from Orange County to the 60 freeway.
Faith Grimm, representing Parks and Recreation Committee, spoke about the 30th Anniversary event many City groups are working on for October 25th; will have a parade and Country Fair; will have food, contests, prizes and games and information booths; applications will be at City Hall. We are looking for guidance on Parade routes from the City Hall, safety items and budgetary constraints. We could use funding in the area of $2,000.
Karen Vipperman spoke about ÒAmerica supporting AmericansÓ, and stated La Habra Heights adopted an air assault unit in Iraq. La Habra Heights Improvement Association has joined the sponsorship of the group; have sent out 226 packages to them; are currently gathering donations for our next shipment, food or toiletry items or money; have a table every week at Music in the Park; stated that donations can be left at City Hall or call (562)-694-1491; will be putting together packages at the Multi-Purpose Room September 13 at 10:00 a.m.; would be glad to have donations and help to pack them.
Jerry Shipman, stated that there is an administrative problem with 707 Dorothea, a fire trap from the weeds. They will have it cleaned but it has taken four months due to going through the Court. We need some kind of administrative emergency provision to handle such a situation. We could have similar problems if we are too slow providing sand bags during the rain.
City Attorney Levin stated that we do have the capability to take care of such problems if the Receivership is too slow and will look into that. Ms. Levin stated that the Court has approved the funding for the lot to be remediated.
Roy Cummings, Canonita Drive, asked about the current state of the communicator system for the City.
Sheriff Lieutenant John McBride stated that it is up and running and has been used during the rains about two months ago. He answered Mr. Cummings that we do have the ability to segregate the La Habra Heights area.
The mother of Samin Mehodady stated her pride in her sixteen year old son for thinking about a problem in the city. She stated that she has received information that this idea is not possible because the road belongs to the State. She expressed her desire to help in any way possible.
Mayor Carroll noted that Fire Captain Craig Nuss and David VanDusen have completed Certification training in Code Enforcement as that will be their job now.
Mayor Carroll stated that they are going to have a motion on Item 19 to appoint an alternate member to the Planning Commission.
19. APPOINT ALTERNATE MEMBER TO THE PLANNING COMMISSION
RECOMMENDATION: Appoint _________ as an alternate member of the Planning Commission.
Council Member Millsap stated that they had six impressive candidates and moved to put this decision off until next month to consider this. The motion was seconded by Council Member Bergman.
Mayor Pro Tem Vipperman asked how the process works on this selection.
Council Member Millsap explained that next month we will discuss them all in public and pick the one the majority wants.
Mayor Pro Tem Vipperman asked if he can discuss this with one other Council Member according to the Brown Act.
City Attorney Levin stated that this will be decided by a majority vote of the Council and as far as the Brown Act, before the meeting a Council Member may confer with one other member and that member may not confer with another member.
Mayor Pro Tem Vipperman asked that they decide now what their procedure of choosing this candidate will be.
City Attorney Levin suggested that each Council Member go through and identify who their top two or three candidates are and see if there is one of those who is on everybodyÕs list.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Carroll explained that they were scheduled for a Closed Session in the beginning of the meeting, which we did not have. We will have it at the end.
6. ADMINISTRATIVE REPORTS
á CITY MANAGERÕS REPORT
Interim City Manager Clark announced that there would be a Low Cost Rabies Clinic at The Park on August 16, 2008 from 9:30 a.m. to 11:00 a.m. The rabies shot $6.00; DHLPP $14:00; Bordetella shots $11:00. It was thought that this would only be for dogs.
á CITY ATTORNEYÕS REPORT
The City Attorney had no report.
á COMMUNITY DEVELOPMENT REPORT
Interim City Manager Clark stated that the written report is in the packet.
Council Member Baroldi asked about Code Enforcement for three weddings on Kashlan Road. Is there a business license?
Interim City Manager Clark explained that this is not allowed, so they cannot license it. They have been notified that if they have another they will be cited.
Council Member Baroldi asked City Engineer Ataya to treat the big problem on Hacienda as a priority to get it approved in time to meet the grant.
Mr. Baroldi asked if Bonterra is still active on the Hacienda/West site.
Interim City Manager Clark stated that they have been notified and their last check sent.
á FIRE CHIEFÕS REPORT
Chief Nielsen noted his written report and he noted that when they got the complaint on 707 Dorothea about the weeds we asked for an estimate of the weed abatement work and received it today. We have a date that it will be cleaned by August 22nd. We will have an earthquake exercise on November 12, 14 and 15. He stated that he has been appointed to the LA County Earthquake Taskforce. We are also providing practices and procedures which will continue after the exercises. We also need to work together within the County.
á SHERIFFÕS DEPARTMENT REPORT
Lieutenant McBride noted that both Crime and Traffic Accidents are down from last year. We are now able to scan license plates with our new cameras. That is working effectively. We are working with the Fire Department on earthquake response and aid.
Council Member Millsap commented that they had vandalism with the mail again and the SheriffÕs Department responded quickly. She asked Lieutenant McBride if they have the ability to send alert messages to multiple phone numbers or change a number for a residence and also to check how they leave messages on voicemail systems versus answering machines.
Mayor Carroll stated he was asked what the SheriffÕs position is on letting their car idle while they are eating.
Lieutenant McBride stated that they actually have technology in the cars that require the car to be running to assure that batteries do not run down. We have put this in La Habra Heights to test it where conditions may not be as favorable to technology.
PUBLIC HEARING
7. MODIFICATIONS TO ARTICLES 7, 8, AND 12 OF THE DEVELOPMENT CODE – FINAL READING OF ORDINANCE 2008-07
ORDINANCE NO. 2008-07: AN ORDINANCE OF THE LA HABRA HEIGHTS CITY COUNCIL AMENDING CERTAIN PORTIONS OF ARTICLE 7, 8, AND 12 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING VARIOUS CHANGES TO THE MUNICIPAL CODE
RECOMMENDATION: Waive final reading and adopt Ordinance 2008-07 amending portions of Articles 7, 8, and 12 of the La Habra Heights Municipal Code.
Interim City Manager Clark stated that this is the second reading of changes to the Development Code. We are presenting Ordinance 2008-07 of the City of La Habra Heights City Council amending certain portions of Articles 7, 8, and 12 of the La Habra Heights Municipal Code. Waive final reading and adopt the Ordinance. Notice was sent out for a Public Hearing.
Mayor Carroll opened the Public Hearing
Judy Hathaway Francis, Chota Road, noted that Item 17 is asking for a release of a Restrictive Covenant on a Parcel. A Covenant is stated to be a permanent promise. Evidently Covenants are not permanent as you can release them at any time. It has no meaning. In these Municipal Code changes you are making hardscape to no longer be hardscape, such as pools. This will allow more mansionization by allowing more hardscape.
City Attorney Levin stated that a Òpermanent covenantÓ means it belongs to the City permanently until you give it up. Nobody else can take it away from the City. She stated that the amount of hardscape allowed by the Council is a policy issue.
Norm Zezula asked that they specify that whatever changes you make will not affect the previously granted variances which allowed other sub-divisions and projects to be done. He stated that he was concerned that this was breaking our General Plan and the changes could affect the RHNA situation.
City Attorney Levin stated that the changes are from this point forward but the requirements of specific conditions of approval in prior approvals will depend on the wording of those approvals and the intent at the time of their approval.
Mayor Carroll closed the Public Hearing
Mayor Pro Tem Vipperman moved to approve the modifications to Articles 7, 8. and 12 of the Development Code – Ordinance 2008-07. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Council Member Bergman noted that the Planning Commission is going to look at this again at a later date.
8. CONGESTION MANAGEMENT PROGRAM (CMP) SELF CERTIFICATION
RESOLUTION 2008-23: A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089
RECOMMENDATION: Conduct Public Hearing on the CMP, approve Resolution 2008-23 finding the City to be in conformance with the CMP and adopting the Local Development Report (LDR), and direct staff to forward the resolution and Self Certification Plan to the Los Angeles County Metropolitan Transit Authority (MTA).
Public Works Manager Bruce Barrette stated that this Public Hearing was noticed. He explained that in order to receive Gas Tax through MTA, we are required to hold a Public Hearing on Self Certification of our Congestion Management Plan (CMP). He recommended that the City Council hold a Public Hearing and receive testimony and approve Resolution 2008-23. Also direct Staff to forward the Resolution of our Self Certification Plan to the MTA. He noted that the Recommendation has an error in the Resolution number.
Council Member Baroldi noted that on page 1 of the Congestion Management Program the Contact and Phone Number are not filled in.
Mayor Carroll opened the Public Hearing.
Mayor Carroll stated there is no Public Comment on this item and he closed the Public Hearing.
City Council Member Baroldi moved to direct Staff to forward the Resolution 2008-23 and the Self Certification Plan to the Metropolitan Transit Authority. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
9. STATE VIDEO FRANCHISE FEES AND FEES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS
ORDINANCE 2008-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING ARTICLE 10 OF THE LA HABRA HEIGHTS MUNICIPAL CODE BY ADDING CHAPTER 10.10 REGARDING STATE VIDEO FRANCHISES OPERATING WITHIN THE CITY
RECOMMENDATION: Approve first reading of the Ordinance by title only, waive full reading, and place the Ordinance on the September 11, 1008 agenda for final passage.
Management Analyst Catherine Leland stated that this Public Hearing is in regard to a State Law passed in 2006 called the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). The law changes the way that cable franchising is handled in the State. Prior to this franchise agreements were handled individually by the companies and now franchises will be handled by the State. When our franchise agreement ends with Time-Warner on July 15, 2009 we will not be able to renew it with them. The State will handle all Franchise agreements. This new Ordinance allows certain Franchise fees and customer service provisions. It will allow the cities to impose on cable providers the following:
á Pay a franchise fee equivalent to 5% of gross annual revenues;
á Pay a Public, Educational and Governmental (PEG) Access Fee to 1% of gross annual revenues; and
á Provide up to three local access channels for government programming, at no cost.
Mayor Carroll opened the Public Hearing. He stated that he has no cards for speakers. He closed the Public Hearing.
Council Member Millsap asked if the Cable Companies after they enter into this agreement will provide free cable service to the City.
Management Analyst Leland stated that they could if they wanted to, but it might be more difficult as there could be more than one service provider in the City. She stated that we might be able to use the 1% PEG fee for that service. She also noted that Time-Warner is exempt from the PEG fee until their franchise runs out next year. This is the first reading.
Council Member Bergman moved to approve the first reading of Ordinance 2008-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING ARTICLE 10 OF THE LA HABRA HEIGHTS MUNICIPAL CODE BY ADDING CHAPTER 10.10 REGARDING STATE VIDEO FRANCHISES OPERATING WITHIN THE CITY. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
CONSENT CALENDAR
It is recommended that Items 10 through 15 be acted on by one motion of the City Council unless separate discussion and/or action on an item is requested by a Council Member.
10. APPROVAL OF WARRANTS REGISTER FOR JULY 2008
RECOMMENDATION: Approve.
11. MONTHLY TREASURERÕS REPORT FOR JULY 2008
RECOMMENDATION: Approve.
12. CITY COUNCIL MINUTES Regular Meeting of July 9, 2008
RECOMMENDATION: Approve.
13. APPOINT INTERIM CITY MANAGER AS COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 2008-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPOINTING THE INTERIM CITY MANAGER AS COMMUNITY DEVELOPMENT DIRECTOR
RECOMMENDATION: Adopt Resolution 2008-25.
14. WEST AND HACIENDA EXPENDITURES
RECOMMENDATION: Receive and File.
George Edwardz stated that the CityÕs report on the cost is inaccurate and the original architects report has been left out and the Staff time spent on it. He questioned that we have only spent $465 for the City Attorney on this item. The City Attorney reviewed the original contract with Kelly Needham and none of that shows. He offered to compare the expenses that he got from the City with what the City reports now. He also mentioned the cost of the land.
Mayor Carroll pulled Item 14.
Council Member Millsap pulled Item 15.
Council Member Bergman moved to approve and adopt Items 10 through 13 of the Consent Calendar. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Interim City Manager Clark stated that Item 14 does not include Staff time. It has to be captured as it is used and cannot be reconstructed later. The information presented was what was in our Fundware system (accounting system). The cost of the purchase is in her report. She stated that she wasnÕt aware of another Architect before WLC. We pulled everything that was coded for West and Hacienda. If work is done for Ògeneral purposesÓ it might not have been coded under a certain project. She stated that she would be willing to look at the information Mr. Edwardz has.
City Attorney Levin commented that unless they are asked to code and designate certain projects, they will get placed in the general billing or one of the existing billing centers that we use. Shortly before the project was put on hold, the then City Manager requested that we start breaking out separately the time that was spent. She noted that when she comes to a Council Meeting she does not bill time spent on each Item that night unless there is a chance to be paid for it from a third party.
Mayor Carroll and Council Member Millsap did not believe the previous Architect had charged for plans since he was not chosen.
Interim City Manager Clark listed the cost of the property and costs associated with the property. We did not show what we still owe.
Council Member Bergman stated that this is a City asset and it could be built on or sold.
Mayor Pro Tem Vipperman stated that not all of this should be counted. If we sold it we would get back the cost of the land and probably the environmental work. He mentioned that the only ÒsunkÓ cost would be what we could not get back if we sold it. He stated that in his opinion the report does not correctly tell the ÒsunkÓ cost of the West/Hacienda expense.
Council Member Bergman offered a motion to receive and file Item 14. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Carroll asked if the Interim City Manager will track staff time when meeting with Mr. Edwardz to discuss this item.
Council Member Millsap asked if he thought this was necessary.
Interim City Manager Clark noted that she had stated that she would meet with him, but he would have to show her checks that were written. She agreed that she would spend up to two hours on the review.
15. RETIREE LIFETIME MEDICAL BENEFITS
RECOMMENDATION: Direct the Interim City Manager to request an actuarial study from PERS on eliminating the lifetime medical benefits for future retirees and to meet and confer with city employees about the possibility of that event.
Interim City Manager Clark reported on the cost of Lifetime Medical Benefits from PERS. This was a benefit that was put into our PERS benefits in 1990. There are two parts; $173,948.77 we paid for Retired Employees and $13,190.52 which we paid for Retired Elected Officials. We have spent over half of that amount in the last five years. Those costs are to escalate. The formulas have changed and the PERS Board will set that rate. She recommended that the Council remove this benefit from future employees and retirees. This would cap future costs but not save any of what we are paying now. Ask us to get an Actuarial Study from PERS ($600) as they require this study if we amend our contract with them. They will not do any studies until November. We need to talk to any employees that this change could possibly affect. Some of the Elected Officials have been reimbursing the City for this benefit.
The Council discussed the Item 15.
City Attorney Levin explained that you cannot do anything until you have the PERS Actuarial Study and go through their process which takes several months. There are things we might be able to do with individual hires in the interim, particularly hires that you contract with separately.
Council Member Baroldi moved to direct the Interim City Manager to request an actuarial study from PERS about tiering the benefit for future employees. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
CITY MANAGER
16. SKYLINE DRIVE EASEMENT VACATION - LA HABRA HEIGHTS COUNTY WATER DISTRICT RESERVOIR NO. 9 PROJECT
RESOLUTION 2008-24: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DECLARING ITS INTENTION TO VACATE A PORTION OF THE EASEMENT ON THE WEST SIDE OF SKYLINE DRIVE, NORTH OF SUNCREST COURT, IN THE CITY OF LA HABRA HEIGHTS AND SETTING A TIME AND PLACE FOR A HEARING THEREON
RECOMMENDATION: Adopt Resolution No. 2008-24/
Interim City Manager Clark noted that this was a request they received from the La Habra Heights County Water District in 2005 to build a two million gallon water tank. They needed more room to do this. They have been trying to work this out with us since then. She stated that they still have more things to complete to comply with our conditions and to speed things up she would like our part of this item to be completed.
City Attorney Levin clarified that the Resolution tonight is to declare the intention of vacating the easement. It sets a date for a Public Hearing on a Resolution for the actual vacation order.
Brad Cooke, President of the LHHCWD, stated that they did a Master Plan Study which determined that they needed to add considerable water capacity in the East Heights for fire protection and emergency preparedness. We had been hoping to begin construction on this project early in 2009. This is a very important issue. We have become rather frustrated with the slowness of moving forward. Our construction has some seasonal timing. He asked that they consider the conditions carefully as some were redundant.
Interim City Manager Clark stated that this was true. The CEQA is in the hands of the District. She stated that these are not exactly ÒconditionsÓ, they are things that the District must have completed before we can record the easement vacation on the document. We need to actually see and review the plans and check them for the trail plan before recordation.
City Attorney Levin stated that these are mostly the sequence of events that they already recognize.
Council Member Bergman asked if there would be any parking there to get to the trail.
Brad Cooke stated that he did not think it would be prudent to provide parking for the trail on their property. We should only have to provide immediate parking for utility vehicles that are servicing the tank. He stated that their target date to have all the plans ready for bid and CEQA completed is late February or early April.
Council Member Baroldi moved to approve Resolution No. 2008-24. The motion was seconded by Mayor Pro Tem Vipperman.
Council Member Bergman asked if they can talk about other items such as landscaping which will be talked about later.
City Attorney Levin stated that the details can all be talked about at the Public Hearing.
Interim City Manager Clark was directed to look into the parking situation for the trail on the District property.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
17. REQUEST FOR RELEASE OF RESTRICTIVE COVENANT ON PARCEL MAP 16969 (APN 8240-002-015) CASELERO DRIVE – CONTINUED FROM JULY 9, 2008
RECOMMENDATION: Indicate a willingness to consider the subdivision of Lot 3 of Parcel 16969 conditioned upon a recommendation from City Engineer related to lot configuration, environmental review in accordance with CEQA, review and approval of a parcel map, direct the Interim City Manager to determine what would have been assessed on the property had the first covenant not been imposed and condition any further project approvals on repayment of those fees.
Interim City Manager Clark reported that a restrictive covenant had been placed on this parcel in 1986 due to a faulty Engineering report stating the parcel contained earthquake faults. Subsequent to that three other reports have been done stating that the original report was incorrect. There are no active faults on the parcel and the last report questions whether there are any faults at all. Our mapping capabilities have gotten better each year. There was a second Restrictive Covenant that since they could not build on part of this property they would be exempted from paying the full assessment of the street maintenance. The City is still paying for that assessment. If we do consider releasing the Covenant, they should make us whole on the assessment. We will send them back through the planning process.
Mayor Carroll opened the Public Comment.
Jonathan Stevens on behalf of Raul and Gloria Andrade, noted that they are residents here and would like to share La Habra Heights with their two daughters and son-in-law. He noted that these covenants are different from Agricultural Covenants. He stated that borings have been done since the Covenants were placed on the land and they are willing to pay the fees.
Judy Hathaway Francis stated that she has concerns for the people living below this property. She stated that this property is worth a lot of money.
Norm Zezula commented that this contains no property rights issues. If this causes the City to change its rules, it would mean that this owner would be allowed rights that the previous owner did not have and would benefit from the value at the expense of the previous owner. This would allow more building. Creating more residential lots could change our RHNA numbers. Please turn this action down.
Mayor Carroll stated that Theda Clark was going to speak against removing the Covenant. Mr. Carroll closed the Public Comment.
Interim City Manager Clark stated that a subdivision could affect the RHNA numbers, but the numbers we are most concerned with are in the low income range and this would probably be in the higher range which we do not need as much of.
City Attorney Levin stated that if the City gives up the Restrictive Covenant it is giving up its right to that property and is entitled to whatever compensation for the costs they have incurred.
Mayor Pro Tem Vipperman moved to indicate CouncilÕs willingness to remove a Covenant from the property on Casalero Drive at a future date upon the property meeting all of the other requirements. The motion was seconded by Council Member Bergman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
18. CITYWIDE POLICY ON CITIZEN COMMITTEES (CONTINUED FROM JUNE 12, 2008 AND JULY 9, 2008)
RECOMMENDATION:` (After discussion and audience input) Refer this matter back to the Interim City Manager to create City-wide policy on committees.
Interim City Manager Clark stated that we should publicize vacancies on City Committees which should be posted and advertised so citizens can apply for them. We should be posting when their term begins and when it would terminate. She found that we donÕt have any consistent rules for the different Committees. Committees do not follow the Brown Act. Some Committees would like to work without the constraint of the Brown Act. Ms. Clark stated that many cities have Citizen Committees that are not appointed by the City. She suggested that the Committees that do not want the City to have any involvement with them, come to the City and ask to be a Citizen Committee. Those who want to report to the City and weigh in on issues relating to the City, become a City Council appointed Committee and follow the Brown Act with all of the rules. She stated that she would like to get input from the Council on how they would like the Committees to operate and then go to each Committee and give them their choices for City Council appointment or to be a Citizens Committee. She stated that the Citizens Committees will be provided with space for their meetings if it can be worked out, but will receive no regular budget or Staff time. She stated that the Historic Committee is a good example of a Citizens Committee which works very well.
City Attorney Levin stated that City Committees will have to comply with both the Brown Act and the Maddy Act which requires that you once a year list all those on the Committee and any anticipated vacancies that will come up in the next year due to terms ending and any unexpected vacancies need to be made available in the City ClerkÕs office.
Mayor Carroll opened the Public Hearing.
Judy Hathaway Francis noted that the Council appointing Committees encourages Council Members to look for qualified people from the Community and encourages more cohesiveness in the Community. Records need to be kept to keep them going when new members take over. In some cases Committees want to keep the same Chairperson because they are so good. If you donÕt have some control over the Committees they will become private clubs.
Norm Zezula stated his opinion that Citizen Committees serve as independent avenues to meaningful citizen input. By their very nature they must be able to independently analyze and critique those City policies and practices that lie within their scope and recommend improvements. If the City Manager is given the authority to appoint and fire the members, choose the chairpersons, prepare the agendas and severely limit what they can report to the Council, how could these Committees continue to function as independent avenues for citizen input? Mr. Zezula commented that two members of the Emergency Preparedness Committee have noted that they will resign if the staff continues to control what is on the Agenda. Mr. Zezula requested that a sub-committee of two Council Members meet with each of the Committees to get their opinion of this before any decisions are made.
Sandy Dykier, Picaacho, stated that Committees need volunteers. If they donÕt have enough help then people start resigning. She noted that she is involved with the Parks and Recreation Committee and asked if sub-committees have to comply with the Brown Act?
Mayor Carroll closed the Public Hearing.
Interim City Manager Clark noted that a City Manager cannot fire a Committee Member. A Committee Member is set a term and when it expires someone else applies or the expired term-member reapplies.
City Attorney Levin stated that generally, if the Committee was created by the Council and has more than two members it is under the Brown Act. If it is a staff created Committee it may or may not be. Some types of activities are hard to accomplish under the Brown Act.
Interim City Manager Clark noted that the Parks and Recreation Committee is not under the Brown Act and was appointed by the City Manager. She noted that she would like to see the Public Works Committee and the Parks and Recreation Committee appointed by the Council. The Public Works Committee in the rules is appointed by the Council, but the former City Manager appointed the last three members without going through the Council. She noted 700 forms are required by State Law and are only required to be filed by the Planning Commission. The Public Works Committee will not give Staff their agendas. They tell us when their meetings occur and the Chair makes the decision on what is on the Agenda and often it is not even within their purview. She stated that they have not been able to find any agendas of the Emergency Preparedness Committee (EPC). She stated that she had not even known who the members were.
The Mayor reopened the Public Hearing.
Norm Zezula stated that he was sure the minutes had been filed and to talk to Kathy Sauble about that. He was of the opinion that the EPC was being accused of violating the Brown Act. He noted that volunteers in this City are not respected. The names of those on the Committee are readily available.
Mayor Carroll closed the Public Hearing.
Interim City Manager Clark listed choices of uniform policies she would like to see, such as:
Should Committee members be adopted by Council, City Manager or other? She suggested that each Council Member appoint one of the Planning Commission.
Council Member Bergman was of the opinion that they should talk to the different Committees first to see what kind of Committee they each want. We are trying to make decisions without all of the data we need. We donÕt want to tie our hands with the Brown Act any more than necessary.
City Attorney Levin explained that we do need to make a policy decision that cuts across the board. Do you want a uniform policy? That it is appointed by the Council and under the Brown Act, or a Citizen Committee with no City sponsorship at all. That makes responsibilities clear. If this policy decision is what you want, then you can go back to each of the Committees to find out what they want.
Interim City Manager Clark stated that she does not want people to have to report to the City Manager and wants only two choices, the Council or a Citizen Committee.
City Attorney Levin stated that there are thirteen (13) questions that need answering and would have different answers from the Committees. The Interim City Manager is just asking for two different types and we would not define how the Citizen Committees operate. These thirteen (13) questions have to be answered by both types of choices. If you answer the thirteen (13) questions now the Committees have more information to choose from.
The Council discussed the subject.
Mayor Carroll called for a break at 11:06 p.m. and reconvened at 11:19 p.m.
Mayor Pro Tem Vipperman suggested that they send this item back to the Interim City Manager to rework and bring back after getting the different Committees wishes.
The Council discussed the thirteen (13) questions involved and the consensus was that all of the Committees would be Citizen Committees except the Planning Commission unless they can make a case that they should be under the Council.
Council Member Millsap commented that she would like to see an ÒAgenda Follow UpÓ after the Planning Commission Meeting.
Mayor Carroll moved to Receive and File Item 18; approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
19. APPOINT ALTERNATE MEMBER TO THE PLANNING COMMISSION
The Council had continued this Item to the next meeting; out of order, earlier.
20. AUDIT COMMITTEE – FISCAL YEAR 2007-08 ANNUAL AUDIT
RECOMMENDATION: Appoint Council member(s) ____________ (and _____________) to serve on the 2007-2008 ad hoc Audit Committee.
Interim City Manager Clark stated that one of the things they learned was to have a Council Audit Committee teach you how to watch us, what Staff is doing and what the right internal controls are for your money. This is an ad-hoc Committee that will meet two times. The first time it will meet will be with the auditors and have them show you what controls are in place and you will tell them the things you particularly want them to look for. The next time the sub-committee meets will be when the draft audit is prepared and will come to you first to see if anything was missed and you can talk to the auditors about it. You need two Council Members. This will not be a Brown Act Committee.
Mayor Carroll moved to have those on the Budget Committee be on the ad-hoc Committee, Tela Millsap and Howard Vipperman were chosen. The motion was seconded by Council Member Bergman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
21. LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCES – VOTING
DELEGATE
RECOMMENDATION: Appoint Council Member Millsap as the Delegate and Council Member Vipperman as the Alternate.
After discussion:
Council Member Bergman moved to be the delegate and that Mayor Carroll will be the alternate. The motion was seconded by Mayor Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Attorney Levin confirmed that the ad-hoc Committee in Item 20 will not be a Brown Act Committee and will be an ad-hoc Committee with limited jurisdiction and duration.
22. HACIENDA ROAD EQUESTRIAN TRAIL FEASIBILITY STUDY
RECOMMENDATION: (A) Direct the Interim City Manager to appropriate funds from the CityÕs reserves to hire consultants to perform a feasibility study on developing an equestrian trail along Hacienda Road from The Park to Skyline Drive and to seek outside funding sources to reimburse the City for the study.
-or-
(B) Direct the Interim City Manager to secure outside funding sources prior to hiring consultants and the City Engineer to perform a feasibility study and analysis on developing an equestrian trail north on Hacienda Road from The Park to Skyline Drive.
Interim City Manager Clark explained that this Item was placed on the agenda by Councilmembers Vipperman and Baroldi on the feasibility study of an equestrian trail along Hacienda Road from The Park, north to Skyline Drive. (Schabarum Trail). She provided the two above suggestions and will add one more.
Mayor Carroll opened the meeting for Public Comment.
Judy Hathaway Francis noted that several people have commented to her that they would like to have a trail on Hacienda leading to the Schabarum Trail and would also like to see it emphasized as a pedestrian trail.
Sandy Dykier stated that they had been given information that there is 100 feet available on Hacienda for this work.
Interim City Manager Clark stated that this was inaccurate information.
City Engineer Ataya stated that on the East side of Hacienda was the side they would want and there would not be enough continuous room to do this. In some places the hillside comes clear down to the road. This would be a very expensive project. To know how much this would cost, we would have to have the feasibility study. There are also some utility lines and an oil line on the East side.
Sandy Dykier asked if the feasibility study would be the same kind that was done on East Road for a bike lane. Would it just be a waste of money?
Interim City Manager Clark stated that she received several e-mails which noted that the former Engineers, Trans Tech had done a study for us.
Council Member Millsap noted that they used grant money for the study. She stated that at that time it was more pedestrian, horse and bike and created quite a stir in the City.
Interim City Manager Clark stated that at that time it was decided that it was not feasible.
She stated that the Council might want her to try and find that study.
Mayor Pro Tem Vipperman stated that the reason he wanted this brought up, was that they are working on Hacienda now and slight changes could be made at this time which might avoid bigger changes if we would decide to go ahead with this later. He suggested we might be able to get a grant for the study. He asked City Engineer Ataya to look at this situation while he is still working on Hacienda.
City Engineer Ataya stated that there would be some throw away costs as the plans for Hacienda are about 90% done now and we are putting a natural swale wherever we can put one. Where there is no room on the East side of the road, because of the hillside, we are taking a 36 inch storm drain line and running it into the street. If we put it underground where we can it would probably double the cost there at this time, when we might not even make the trail. It looks like a study will show that cost-wise it is not feasible for the trail.
The Council discussed the situation.
Council Member Baroldi moved to receive and file and have staff look for the Trans Tech Report. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no Public Comments.
Mayor Carroll adjourned to Closed Session at 11:59 p.m. and returned at 12:40 a.m. Mayor Carroll asked Attorney Levin if any reportable action had been taken.
City Attorney Levin stated that no reportable action was taken.
CITY COUNCIL COMMENTS
There were no Council Comments.
City Attorney Levin noted that we did not hire a City Manager; however we do expect this item to be agendized for open session at the September meeting.
ADJOURNMENT
Mayor Carroll adjourned the August 14, 2008 Council Meeting to the September Meeting at 12:42 a.m.
ATTEST:
____________________________________________
SHAUNA CLARK: INTERIM CITY CLERK