CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
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
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
City of Arcadia, etc. v. California Regional Water Quality Control Board
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 the City Council meeting of Thursday November 13, 2003 to order at 7:30 P.M. at the Community Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members 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 Chief Nielsen and Sheriff Lieutenant Ault and Deputy City Engineer Lang.
3. FLAG SALUTE
Mayor Carroll asked Don Chilson to lead the flag salute.
4. PRESENTATIONS
Mayor Carroll presented a Commendation to Cindy-Lu Gans, in recognition of her outstanding and dedicated service to the La Habra Heights community as Co-Chair of the Parks and Recreation Commission in 2002-03.
Mayor Carroll also asked Cathy Sauble to receive for Carrie Vena (not present) a commendation for her service on the Parks and Recreation Commission in 2002-03.
Kathy Sauble, Emergency Preparedness Chairperson, reported that their theme for this month is ÒShelter in place or EvacuateÓ. She stressed the importance of being prepared in case we have to evacuate or shelter in place due to an emergency. We also need to have a plan for our animals.
Glen Pederson presented the Public Works Report. He noted that at their last meeting they had covered the Hacienda Road striping, roadway repair and crack sealing. The Committee unanimously agreed that at a minimum they need an edge treatment on Hacienda Road. At present the treatment is raised pavement markers without striping. Mr. Pederson explained that we need to have a record in our file that documents the reason we have a particular edge treatment on Hacienda Road. This will provide design immunity to the City for the Hacienda Road edge treatment.
Mr. Pederson stated that the Committee also discussed whether to bring the lane striping in toward the center or out toward the sides. Both the Traffic Calming study and City Staff have recommended that the City go with eleven (11) foot lanes. He pointed out that only the lane width would change, not the road width. Mr. Pederson stated that if the lanes were moved toward the center it would improve sight lines for people living on Hacienda Road to exit their driveways. It will minimize cost as the center striping will remain for most of the roadway. The money for this will be from Prop C.
Mr. Pederson stated that Deputy City Engineer Lang has proposed a plan that would use a new product made by RainLine which would be safer for bicyclists. Mr. Pederson explained that three of the Committee were in favor of this product for that reason. They checked the product where it has been installed on Whittier Boulevard east of the 605 freeway and determined that it was not excessively noisy. The one concern was whether the product has been proven and whether or not it would be durable.
Mr. Pederson noted that there is a project coming in spring, 2004 in which one of the five zones in the City will be improved. It will either include an asphalt overlay, or a crack seal and slurry for all the roads in that zone. The Committee is also identifying locations outside of that zone that should not wait for repair until their programmed year for repair.
The Roads Committee also talked about moving up the crack sealing before the rains hit. Mr. Pederson commented that crack sealing is ineffective for cracks smaller than ¼ inch wide.
Mr. Pederson noted that their next meeting is November 17th at 7:00 P.M.
Mayor Carroll asked the City Attorney if there was any report from the closed session.
City Attorney Colantuono explained that the first item was tabled until next month. Counsel gave direction to the negotiator on the second item but did not take action at this time that requires a report.
Teena Uyeno and Kathy Sauble, Parks and Recreation Commission members, presented the Fire Department with a Òthank youÓ gift of a $250 RalphÕs gift certificate.
Don Jervis, Dorothea Road, spoke in favor of a 500 ft. clearing between the wildlife corridor and our City.
Corey Calaycay, representing State Assemblyman Bob Pacheco of the 60th District, introduced himself and stated that he works out of the District office in the City of Industry. He stated that La Habra Heights should keep him informed on events happening in the City and let him know of any questions we might have or suggestions for needed bills.
James Barr, West Skyline Drive, expressed his concern that there was a lack of weed abatement enforcement along road edges.
Mathew Ettinger, Airoso Road, spoke regarding his opinion that the City Council and the City Attorney should have taken the notice of the violation of the Brown Act and corrected their mistakes. He remarked that the Council is working for the residents.
Stephen Blagden, Citron Road, stated that the DA representative made false statements about his activity. He stated that he is going to provide proof that she was wrong about him and many statements made about others.
George Llamas, Fullerton Road, spoke of a safety issue on Harbor and Fullerton Road where a car hit a deer. He stated that there was a need for a sign warning of a wildlife crossing. He also noted that there is no speed limit sign on Fullerton Road.
Norman Zezula, Canonita Drive, stated that the City could use more of the qualified residents who are experts in their fields and give a Ôthank youÕ to those who do volunteer their time.
The City Manager explained that Harbor Boulevard belongs to LA County and La Habra Heights would not be allowed to put up an Òanimal crossingÓ sign. He stated that if the Council would approve this he could request it. The Engineer can take a look at Fullerton Road about a speed sign and discuss it with the Public Works Committee.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – OCTOBER 2003
Councilmember Klein offered a motion to approve the October 2003 Warrants in the amount of $272,794.77. 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
Councilmember Millsap questioned item ÒdÓ on page 7. She asked for an update concerning the request for an additional deposit of $10,000 from Mr. Sussoev.
City Attorney Colantuono explained that he had discussed this with the Interim Community Development Director and they have written a letter to the applicant and will be taking further steps to resolve the matter.
Mayor Pro Tem Borrowe asked the meaning of the amount on page two in parentheses (30,087.18) for Bank of America Business Checking Account.
City Manager Hendrickson explained that at the time this account was looked at more checks had been written than the account could cover. It did not mean that they had all come in and the account was overdrawn. Mr. Vernon has continued looking for some alternatives that might provide some interest for that account.
The TreasureÕs 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
Councilmember Millsap offered a motion to receive and file. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of the Regular City Council Meeting of October 9, 2003, Special Meeting of October 16, 2003, and Special Meeting of October 21, 2003.
Councilmember Millsap noted that on the Regular City Council meeting of October 9, 2003, page 9, fifth paragraph, first sentence, change Òlives on DorotheaÓ to Òlives near DorotheaÓ.
Mayor Pro Tem Borrowe noted that he was not at the October 9, 2003 meeting so he would abstain from voting on those minutes.
Councilmember Millsap offered a motion to approve the October 9, 2003 minutes as amended. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSTAIN: Borrowe
ABSENT: None
Mayor Pro Tem Borrowe offered a motion to approve the minutes for the October 16, 2003 and the October 21, 2003 Special City Council meetings. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. It is recommended that Items 8.a. through 8.c. 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.
Mayor Pro Tem Borrowe asked that 8.c. be pulled.
8.a. HEIGHTS CHRISTIAN SCHOOL Project
October 2003 Status Report for Heights Christian School
8.b. RESOLUTION NO. 03-32 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS RESCINDING RESOLUTION NO. 03-28 – ROBERTI-Z-BERG HARRIS BLOCK GRANT PROGRAM, DATED SEPTEMBER 11, 2003, AND APPROVING AMENDED RESOLUTION.
Resolution 03-28 has been revised and a document reflecting revisions has been submitted. There are no fiscal changes made and the City will receive the allocated amount of $16,044 for park related projects.
Councilmember Klein offered a motion to approve 8.a. and 8.b. of the Consent Calendar. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8.c. LETTER OF UNDERSTANDING – PUBLIC WORKS STREET MAINTENANCE AND CAPITAL PROJECTS PLANNING
Mayor Pro Tem Borrowe encouraged the City Manager to be open and receptive to Committee volunteers, especially to those with expertise in Public Works areas.
RECOMMENDATION: Incorporate the Public Works Committee Letter of Understanding as a guideline in operating procedures for planning and project development activity.
Mayor Pro Tem Borrowe offered a motion to approve Consent Calendar item 8.c. The motion was seconded by Councilmember Millsap and approved as follows:
NOES: None
ABSENT: None
OLD BUSINESS
9. PUBLIC INFORMATION CAMPAIGN FUNDING (AERA PROJECT)
(At the October 9, 2003, Regular City Council Meeting, discussion on project deferred to the City Council Meeting of November 13, 2003.)
City Manager Hendrickson reported that the project is to be in conjunction with four cities: Whittier, Brea, La Habra and La Habra Heights. It was decided that it would be a positive step to provide public information concerning the AERA Project and the effect it might have on the four cities concerned.
Mr. Hendrickson explained that the services are to be provided by Waters & Faubel.
Services to be provided by Waters & Faubel are include:
á Assist in the organizational process of the program
á Coordinate activities with member cities and communities
á Develop and coordinate a media outreach program
á Direct additional research
The cities involved considered that although La Habra Heights is a smaller city with a smaller budget, it would be more strongly impacted than any city except Brea. Therefore, La Habra Heights was asked to make a commitment of up to $50,000 over the next two years. The budget for this outreach program was $370,000 plus a contingency of 20%.
The cities have committed as follows:
á Brea - $250,000 (approved)
á La Habra - $100,000 (approved)
á Whittier – $100,000 (pending)
á La Habra Heights - $50,000 (pending)
á Hacienda Heights - $2,000 (approved)
á Rowland Heights - $2,000 approved)
The City Manager suggested the Council either authorize the City Manager to commit $50,000 to the project or commit $25,000 for the first year and see how the program is proceeding and at that time consider another $25,000.
Mayor Carroll opened the meeting for Public Comment.
Alan Boege, Cypress Street, spoke for the commitment of $50,000 as an investment.
Jim Najera, Chota Road, spoke for the $50,000 commitment. He noted that there is already a safety issue from traffic for people and animals.
Mike Popovec, Hayride Ct., of Rowland Heights, spoke against the AERA project and stressed the importance of educating residents on the project.
Eileen Bagwell, Choral Drive, spoke for approval of the $50,000 commitment.
Debbie Masocco, Choral Drive, spoke for the $50,000 commitment.
John Beau, Caselero Drive, stated that we need to be careful how we spend our money and his opinion was that we could get information to the residents in a much less costly manner.
Meg Waters, representing Waters & Faubel, stated that AERA has already accused Waters & Faubel of lying even before they have started their information project. She stated that in AERAÕs editorial they had all kinds of misinformation.
Anne Cote, Dorothea Road, spoke for spending $50,000 for the project as an investment for the city.
Martin Offenberger, Kashlan Road, spoke in favor of the project unless a less costly way is found as this is an investment for our residents.
Ray Anderson, representing AERA Energy, stated that they were working with the Puente Hills Habitat Authority to provide the animal underpass which will come out on AERA property. He stated that they are working on their draft EIR which they hope to have done this spring. He commented that what is proposed is not the same as what will come out in the EIR.
Claire Schlotterbeck, Brea, stated that this is the time to try to save this land and provide information to the public.
Mayor Carroll closed the Public Comment.
Mayor Pro Tem Borrowe offered a motion to commit the $50,000 to the information project. The motion was seconded by Councilmember Douglas.
Councilmember Millsap asked when the money would be due if they approve this.
City Manager Hendrickson explained that this has not been decided yet. As a group, we still need Whittier to make their decision.
Councilmember Klein noted that there needs to be some sort of oversight committee on the spending of the money.
The City Attorney explained that there were two issues. One is the need for the City of La Habra Heights to note that it is making an expenditure of money for a proper public purpose which can be served by a simple letter agreement to Brea stating that here is the check. We give it to you with the understanding that you are going to spend it for a proper public purpose. This is enough to shift the legal responsibility to them. The control issue can be as formal as a Joint Powers Authority or something as informal as a Committee of representatives of the cities who consult together or even more informal as occasional phone calls among managers. He stated that he did not believe a Joint Powers Authority (JPA) was necessary in this case. He stated that he felt an informal agreement among the cities stating who is spending what, who is going to be responsible for the treasury function, what level of reporting they will supply to the cities and who will be responsible for reviewing the efforts of the Consultant.
The City Manager explained that he also was not sure they should go to the formal JPA arrangement. He stated that he felt a letter of understanding should be formed with the details and the Council should authorize him to move forward and provide the letter.
The City Attorney recommended that the Council authorize the expenditure of the $50,000 tonight so Brea knows it is coming. All of the cities need to agree on the issues in the letter of understanding. Between now and the time you need to honor the commitment, the details can be brought back to the Council.
Councilmember Millsap asked who provided the ÒProjects and Budget, 2003-04Ó that is in their packet?
The City Manager answered that it was provided by Waters & Faubel. This is a result of a discussion between them and the group of City Managers who have been meeting together about this matter.
Ms. Millsap asked if this was a given, as they do mention a JPA.
The City Manager stated that this was not a given, but rather a proposal with an estimate for the cost.
Mayor Carroll stated that $50,000 was a lot of money for our city, but it is an investment.
Councilmember Klein stated that he had a discussion with a Councilmember of another city and his understanding was that there is a plan to have some kind of oversight committee. He wanted some type of notation with our commitment that we would have some say over how the money is spent and that the information is focused at a time when the information really needs to come out.
Mr. Hendrickson explained that the motion can be amended to include this information.
Mayor Pro Tem Borrowe stated that he agreed with Councilmember Klein that a caveat needs to be added to the motion that we have some say in how our money is spent.
City Attorney Colantuono stated that his understanding is that the City wants to appropriate the funds and will direct staff to bring back an appropriate recommendation at the next Council meeting, or as soon as the rest of the cities have decided how this should be handled, as to how our city will be assured participation in the expenditure of the funds.
Mayor Pro Tem Borrowe approved the amended motion. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. HACIENDA ROAD – PEDESTRIAN ACCESS WAY PROJECT
The re-striping project along Hacienda Road was approved by City Council at the meeting of September 11, 2003. The engineersÕ estimate for this project is $18,000. (At the October 9, 2003, Regular City Council Meeting, discussion on project deferred to the City Council Meeting of November 13, 2003.
Deputy City Engineer Lang reported that he had reviewed where the RainLine has been installed and his opinion was that this was a good product. In his opinion the RainLine strip was more durable than the raised markers. It is a little more expensive, but he felt that the RainLine strips would do the job that we need. He stated that it will cause the rumbling effect without excessive amount of noise and will be safer for the bicyclists and do well for the pedestrians.
Mayor Carroll opened the meeting for Public Comment.
Gladys Smith, Hacienda Road, spoke against placing a white line at the side of the road, mentioning that in some areas the road was too narrow.
Stan Quade, Encanada Drive, spoke against narrowing the lanes and noted that providing a pedestrian lane for traffic calming because you can get funding for it was something that should not happen. He asked that the Deputy City Engineer to show him how they would do this in the areas that were too narrow to mark two feet off of the road. He stated that this was a safety issue. Mr. Quade suggested that everyone residing in La Habra Heights calm the traffic by following the speed limit.
Katie Martin, Reposado, spoke against this project. She stated that the community survey showed that the community is against this. She noted that the Agenda Report stated that this project might slow the speed down by two MPH. She further stated that accidents on Hacienda Road have been down since the Skyline traffic light went in.
Ann Eaton, Hacienda Road, spoke against spending money on Hacienda Road and asked that it be spent other places where it is needed.
Mayor Carroll closed the Public Comment.
Deputy City Engineer Lang stated that he felt that the project would reduce traffic and provide a space for bicycles and pedestrians and would provide improved sight distance for people living along Hacienda Road to enter Hacienda Road. After consulting other Engineering companies who have reduced lane widths he felt this was the only way we would be able to get some traffic calming.
Councilmember Klein stated that he just could not approve moving the traffic towards the center. He stated that he could not support the narrowing if it was to the center. He could only support a painted median in the center.
Mayor Carroll stated that he could not support any narrowing of the lanes.
Mayor Pro Tem Borrowe stated that the reflectors on the side of the road were not Cal Trans approved.
Deputy City Engineer Lang stated that this was true, but they did not have to be. We have to get City Council approval in writing and then it becomes our plan and we are protected.
Mayor Pro Tem Borrowe explained that the narrowing as planned gives people living on Hacienda Road a better line of sight and this is very important. He stated that if this does not work, we can pull it out.
Councilmember Millsap noted that we are replacing marking that was there before and had not been put back. She stated that the question was where we place the striping.
Councilmember Douglas stated that we have had experts study the traffic calming subject and this is the answer they have given us. Why not go ahead and try this.
Mayor Pro Tem Borrowe offered a motion to approve the narrowing of the lanes as suggested, using the RainLine strip. The motion was seconded by Councilmember Douglas.
Councilmember Klein stated that in the past when this issue was being considered, it was just supposed to be re-striping without a bicycle lane. He stated that he was against this particular design.
Mayor Carroll explained that it was a safety issue and he was against it.
Councilmember Douglas stated that there has been interest in walkways in the community and an interest in traffic calming.
The motion offered by Mayor Pro Tem Borrowe and seconded by Councilmember Douglas was approved as follows:
AYES: Borrowe, Douglas and Millsap
NOES: Carroll and Klein
ABSENT: None
11. APPOINTMENT OF REGULAR COMMISSIONERS TO PARKS & RECREATION COMMISSION
To fill vacancies created by the resignation of Commissioners Cindy Lu Gans and Carrie Vena.
Senior Management Analyst Orchanian reported that her recommendation was that the Council appoint Alternate Ken Hughes, Kathy Sauble or Suru Manek as regular Commissioners and authorize the City Manager to advertise for vacant alternate positions.
Mayor Carroll asked Ms. Orchanian if she had contacted all of the Alternates to see if they were interested.
She stated that she had not been able to contact Suru Manek.
Councilmember Douglas offered a motion to appoint Ken Hughes and Kathy Sauble as regular Parks and Recreation Commission members and Suru Manek as Alternate. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
12. SPECIAL TAX ELECTION – COUNTY OF LOS ANGELES PUBLIC LIBRARY
City Manager Hendrickson reported that he received a letter from the librarian, Margaret Todd, on July 28, 2003 requesting that the City of La Habra Heights hold an election for a special tax, which will benefit public libraries that service our city. She asked him to hold off as there were many details that have not been worked out yet. Mr. Hendrickson stated that it was still unclear after he talked to the Chief Administrative Officer of the County.
Mr. Hendrickson stated that Supervisor Gloria Molena made a motion that the approximate 40 cities who do not pay the Los Angeles County library tax place it on their ballot to approve this special tax. For 2004 the calculated charge per parcel is $24.76. Coming at the time it is, due to being a special ballot, it would cost us approximately $15,000 to put on an election. Our next scheduled election would not be until 2005. This would go to support our nearest Los Angeles County library.
There are two resolutions for consideration.
RESOLUTION 03-33-A REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF LA HABRA HEIGHTS.
AND
RESOLUTION 03-33-B REQUESTING THAT LA HABRA HEIGHTS PLACE THIS TAX ON A SPECIAL BALLOT ELECTION IN THE CITY OF LA HABRA HEIGHTS.
Councilmember Klein offered a motion to receive and file the item. (without action) The motion was seconded by Mayor Carroll and approved as follows:
Councilmember Klein noted that most of La Habra Heights goes to the La Habra or East Whittier library.
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS (added: items 13, 14, and 15)
13. PURCHASE OF TRAFFIC TRAILER WITH MESSAGE BOARD – CLEEP FUNDS
The City Manager reported that at the last Council meeting, Councilmember Klein requested that the Traffic Trailer with message board be brought back to this meeting for discussion. Mr. Hendrickson stated that we would have to go back into the budget to show the use of CLEEP funds. The estimated cost is $19,975.
Councilmember Klein stated that his intention was to bring up the whole CLEEP fund for review with the items Lieutenant Ault would recommend.
Lieutenant Ault explained that the package recommended is the SMART VMS trailer, an all LED display board. The system would include its own trailer, power package and programmed statistical gathering package. It has a solar panel and will recharge itself. It comes with 198 standard messages. Lieutenant Ault stated that it has a traffic computer system which is what is currently used in the existing system. She asked the agent if the computer system from the existing unit can be used with the new system and was told that they were not compatible. Ms. Ault noted that if you want to skip that component, the total price would be $3,000 less.
Councilmember Klein asked if there was some way to connect an outside computer into the SMART VMS and input messages.
Lieutenant Ault replied that she had not asked that question, but this is a computer to calculate statistical traffic runs and put together reports. She stated that this SMART VMS comes with 198 messages and you can purchase a package of an additional 198 messages. She explained that her understanding was that they could customize the messages.
Councilmember Klein stated that he was not sure that they would get $3,000 worth of statistical reports from the computer. He also stated that he would like to see everyone concerned with using the SMART VMS be able to consult with the manufacturers representative and see a SMART VMS to get an idea if this is really what we need.
Councilmember Klein stated that he would like to know if they could discuss the other things that are available with the CLEEP money since they are not on the Agenda.
The City Attorney explained that since the SMART VMS was all that was agendized, they would have to bring the other items back on the next months Agenda.
Mayor Pro Tem Borrowe stated that when they discuss the SMART VMS he would like to know where it would be housed, who maintains it, who deploys it and under what conditions it is deployed.
Lieutenant Ault stated that she had no strong feelings about whether they left off the statistical computer or bought it.
Mayor Pro Tem Borrowe asked Lieutenant Ault to let the Council know what her opinion was of the usefulness of what they had already purchased.
Councilmember Klein offered a motion to continue the CLEEP expenditure items to the December meeting. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. GIS SERVICE AGREEMENT WITH DIGITAL MAP PRODUCTS
City Manager Hendrickson explained that he was requesting approval to sign an agreement with Digital Map Products to provide technical hardware, software and personnel in operating a Geotechnical Information System (GIS) for the City of La Habra Heights. He stated that this system would have many beneficial uses. He explained that until recently this was too costly for our City. There is now a way that we can possibly do this. We discussed this in one of our budget sessions and we did budget $15,000 as a start-up. After investigation we came up with a company called Digital Map Products. He stated that a representative is here tonight to answer any questions the Council might have.
Mayor Carroll asked that since he had not had time to study this it be continued to the December meeting. Mr. Carroll stated that Whittier has hired a consultant to evaluate what their needs are in this area. He asked the City Manager to call Whittier and find out who they are using and at what cost.
Councilmember Klein agreed with this.
Mayor Pro Tem Borrowe asked the City Manager what criteria he used to select this firm.
The City Manager answered that one of the things Whittier is deciding is whether they are going to have it internal and hire their own people or do something like that. Our main criteria was how easy is it to use and whether it is applicable to what we would use it for the most. (Fire Department, Engineering and Planning) It has to be user friendly.
The City Manager stated that he contacted the Water Company to see if they would be interested in sharing the use and cost of this. So far they have not responded.
Councilmember Millsap stated that she would like to continue the discussion and she was interested in this system.
Mayor Carroll offered a motion that we continue the GIS item until the December meeting. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. REQUEST FROM PLANNING COMMISSION FOR NON-TELEVISED MEETING
Request from Planning Commission to hold Special Meeting for a training session with the City Attorney without the meeting being televised.
Councilmember Douglas reported that there had been a request for some non-televised study sessions, but after consideration of ulterior motives often suspected behind actions, Chairman Wolfe decided to withdraw the request for a non-televised meeting.
ADMINISTRATIVE REPORTS
16. CITY MANAGERÕS REPORT
á Park Kitchen Project – Approval from Department of Health to Proceed.
The Senior Management Analyst Orchanian reported that they have received approval from the Department of Health. She stated that she has met with the City Engineer to see if there is a hood component for the roof that will be more aesthetically pleasing. The one we originally had on the blueprint was big and bulky. They are going to make the change and will bring back the full report in December, requesting that we go out to bid at the same time.
17. CITY ATTORNEYÕS REPORT
City Attorney Colantuono reported on fiscal matters on the California State ballot for next March and November. There is a League of California Cities constitutional amendment which would do two things. One would prevent the State from shifting money out of the local budget into the State budget without voter approval, and the other would prevent the State from mandating services without providing money to do so. The League of California Cities is at the point of being ready to collect signatures to get this on the ballot for next March.
Mr. Colantuono noted that there is another proposal to more dramatically realign the funding sources to local government. This would eliminate the Vehicle License Fee and Sales Tax in exchange for increased Property Taxes in an effort to give cites a different set of incentives about how they operate their land use programs. This is still in the drafting stage.
The California Teachers Association has a measure on the ballot which would increase Property Tax on commercial property from 1% to 1.55% voting the additional funds for K through 12 education.
There is a proposal sponsored by the League of Women Voters and some Public Employee Association Unions to reduce the number of votes in the Legislature needed to adopt the State budget from 2/3 to 55%.
The Governor ElectÕs team is talking about putting a $20 billion debt authorization on the ballot for the voters approval, as well as a spending limit for the State Government.
City Attorney Colantuono encouraged the Council and the residents to stay informed on these issues to make educated choices.
18. PLANNING DIRECTORÕS REPORT
Not applicable.
19. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang reported that there was sand at The Park for sand bags. The sand bags are at the Fire Department. All residents who have private drains should check them over for any debris washed down by the previous rain.
Bushes along the road need to be trimmed to a height of 13 foot 6 inches above the road even with the pavement edge. He noted that they have sent a lot of letters noticing this.
20. FIRE CHIEFÕS REPORT
á Fire Prevention Safety
Fire Chief Nielsen noted that he had attended the funeral of the fireman that had lost his life protecting Julian. He stated that he was complemented on how well our department performed during the fires.
He explained that there are several areas where residents can improve their fire prevention. The fire code states that roads need to be at least 20 feet wide. 13 feet 6 inches is no longer enough. You may call the Fire Department for suggestions on fire safe landscaping.
Fire Chief Nielsen explained that as the fire department goes through the city if they notice a violation it is reported to Deputy City Engineer Lang. This is working quite well.
Chief Nielsen stated that he would like to see the City create a municipal code to prevent parking along the street.
He stated that he has talked to the Habitat Authority about fire breaks and they are willing to widen or maintain the fire breaks they already have. This area is not his main concern as he feels the Fire Department can control a fire in that area. He stated that he is more concerned with the trees, bushes and vegetation in the Heights which are too close to properties. Another concern is non-accessible canyons. It will take a lot of money and work to make the canyons fire safe. Streambeds should be cleared of bamboo.
Councilmember Douglas asked what were the legal problems in entering properties to locate the canyons.
The Fire Chief explained that if they are performing an investigation or inspection we can go on any property.
The City Attorney stated that they should not be on private property without consent or a warrant. Going through a closed gate is not allowed. However, any public emergency has to be dealt with.
Mayor Pro Tem Borrowe asked if the Fire Department has any special plans to prevent such fires as have happened. He also asked if the Fire Department patrols are checking the conditions and watching for such things as arsonists.
Chief Nielsen stated that we usually do not have arsonists, although we need to consider copycats and at such a time we needed to increase patrols. Specific plans are made as to what we would do in such a fire storm situation.
Mayor Pro Tem Borrowe stated that in his opinion they should call the SheriffÕs Department and have them mobilize the VOPÕs for extra eyes and ears.
Fire Chief Nielsen stated that he had checked to find out how to activate the VOPÕs and he has plans to call for help from the nearby cities to get extra engines whenever needed. We can also call for some from LA County.
Councilmember Millsap asked if the gels and foams manufactured for Fire Departments and homes are useful.
Fire Chief Nielsen answered that the gels are useful for treating patios, wood furniture and eaves, but it is expensive. The Fire Department foam equipment is being used on some engines. This adds about $30,000 per engine. Our two newest engines are capable of using this high pressure foam and we have this on these engines. This would cover approximately one home. He stated that he could ask a foam specialist how long the protection would last.
Councilmember Douglas asked for an update on the relationship with La Habra.
Fire Chief Nielsen explained that LA County Fire had 60 days to find a place to build a fourth fire station. If they can find a piece of land for this station, then the contract will be looked at one more time. There is probably only 30 days left to find the land. LA County Fire will then take over La Habra which will take about nine months. LA County has agreed that it is possible they could take over our paramedic service. He stated that he has an idea that we could send out as a first responder, an assessment engine with a paramedic on it. LA County already has an ambulance company working with them so this would relieve him from trying to provide one. He stated that he just wants a guarantee that patients would have fast ambulance service.
The Fire Chief pointed out that our Fire Department was awarded the ÒAssistance to Firefighters Grant ProgramÓ in the amount of $51,210.
21. SHERIFFÕS DEPARTMENT REPORT
á Crime Statistics
There were no comments on crime statistics.
Lieutenant Ault stated that the Roads Department is interested in knowing where and when animals become road kill. If there is anything larger than a squirrel please let the sheriff or City Hall know so Ken Hughes can track this. Lieutenant Ault provided pictures of their volunteer equestrian group division of the VOP.
Mayor Pro Tem Borrowe noted that there is a sheriffÕs academy for anyone interested in becoming a VOP scheduled for March of 2004.
22. COMMISSION/COMMITTEE REPORTS
The Senior Management Analyst thanked the volunteers and staff for helping to make the 25th Anniversary Dinner – Dance a success.
Mayor Carroll echoed those thanks from the Council and thanked her for her hard work also.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Ann Eaton, Hacienda Road, spoke of an area to be checked by the Fire Department for weed abatement, past Skyline behind a locked gate that belongs to the Edison Company.
Fire Chief Nielsen stated that the Fire Department still has a key to this gate and they do patrol the area.
Chief Nielsen stressed the importance of safe driving when in the presence of responding fire engines.
Councilmember Douglas mentioned an incident of a resident yelling at staff recently. He asked if the City Manager has considered a way to deal with such incidents.
City Manager Hendrickson answered that this rarely happens, so we do not have special plans.
Councilmember Millsap asked if such a situation would be documented.
The City Manager stated that if they thought it was warranted they would document it.
Mayor Carroll asked that the meeting be adjourned in the memory of Nancy Remington, long time resident, who passed away this afternoon. Mayor Carroll adjourned at 11:05 P.M. to the next Special City Council meeting on November 20, 2003.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON