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 WITH LEGAL COUNSEL
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
á CONFERENCE WITH LABOR NEGOTIATOR
CITY NEGOTIATOR: John Hendrickson, City Manager
UNREPRESENTED EMPLOYEES: All City Employees except City Manager
á PERSONNEL
TITLE: City Manager
1. CALL MEETING TO ORDER
Mayor Carroll called the City Council meeting to order on Thursday, February 12, 2004 at 7:30 P.M. in the Community Center.
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 Chief Nielsen and Sheriff Lieutenant Ault.
3. FLAG SALUTE
Mayor Carroll requested that Taylor Boyd lead the flag salute.
Mayor Carroll asked the City Attorney if there was anything to report from the closed session.
City Attorney Colantuono replied that there was nothing to report.
4. PRESENTATIONS
á A commendation to Taylor Boyd, in recognition for his recent achievement as an Eagle Scout.
Mayor Carroll presented the commendation to Taylor Boyd. He explained that Taylor had remodeled the landscaping at the East Whittier Friends Church, which included planning, raising funds, and overseeing the entire project.
á A commendation to Shelley Andros, in recognition of her services in updating the community bulletin board at The Park this past year.
Mayor Carroll presented the commendation to Shelley Andros for her service and the hours she spent to keep residents aware of events in the City.
á Presentations from Sheriff Lieutenant Ault and Captain Smith.
Lieutenant Ault asked Don Chilson and Bud Cummings to come to the front.
Captain Smith explained that these gentlemen are part of the Volunteers on Patrol. He offered a commendation explaining that Bud Cummings had on January 5, 2004 been of valuable aid when Deputy Bickel became involved in an altercation with a suspect.
Captain Smith next offered a commendation to Don Chilson for his aid in the same occurrence. He kept the situation from becoming more serious.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Mayor Carroll stated that Kathy Sauble is delayed and will make her presentation later.
á Public Works Committee.
Mayor Carroll stated that a report by Les Williams will be available later.
Shelley Andros announced that she sits on the Citizens Technical Advisory Committee for the Puente Hills Landfill Native Habitat Preservation Authority. She noted that they are bringing a presentation to La Habra Heights on February 24, 2004 at 7:00 P.M. in The Park gymnasium. The program is called ÒOn the EdgeÓ. It explains how we can live together with the wildlife and how they can be good neighbors with us. She stated that they will have live animals at the presentation.
Mayor Carroll asked if Ms. Andros or one of the Committee would like to come back on a quarterly basis to give us an update on the Habitat Authority.
Ms. Andros stated that the Committee would be willing to do that.
Ann Eaton, Hacienda Road, brought an article from the Whittier Daily News dated Tuesday January 6, 2004. This listed the sales tax revenue for the Whittier area cities, comparing the third quarter of 2002 with the third quarter of 2003. The information included La Habra Heights. The article reported that La Habra Heights had very little in comparison to the other cities.
5. APPROVAL OF WARRANTS – JANUARY 2004
Councilmember Klein offered a motion to receive and file the January 2004 warrants in the amount of $253,915.49. 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 – DECEMBER 2003
Councilmember Douglas asked the City Manager to address the total Building and Safety Expenditures on page five (5).
The City Manager explained that when they estimated the expenditures they did not expect them to be that high. There was more building than expected so the revenues are also higher than expected and they offset the expenditures.
Mayor Pro Tem Borrowe noted that on page five (5) and six (6) the last percentage was not filled in.
City Manager Hendrickson stated that it should be filled in and he will remind the Accountant that it needs to be done.
Councilmember Klein offered a motion to receive and file the December 2003 TreasurerÕs report. The motion was seconded by Councilmember Douglas 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. APPROVAL OF MINUTES Minutes of the Special Meetings of the City Council of December 16, 2003, December 18, 2003, January 14, 2004 and January 29, 2004, and of the Regular City Council Meeting of January 8, 2004.
Councilmember Klein offered a motion to approve the Special City Council Meeting Minutes of December 16, 2003 as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to approve the Special City Council Meeting Minutes of December 18, 2003 as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to approve the Special City Council Meeting Minutes of January 14, 2004 as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to approve the Special City Council Meeting Minutes of January 29, 2004 as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to approve the Regular City Council Meeting Minutes of January 8, 2004 as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. COMMUNITY DEVELOPMENT BLOCK GRANT (ÒCDBGÓ) FUNDS
Request for the exchange of Community Development Block Grant (ÒCDBGÓ) funds in the amount of $26,140 for general funds in the amount of $15,684.00 for the fiscal year 2003-2004 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 2003-2004 WITH THE CITY OF SAN FERNANDO.
Senior Management Analyst Orchanian reported that the Resolution has an incorrect amount listed for the CDBG and the amount it will be exchanged for. She noted that she has made a correction and placed it in councilmemberÕs boxes for pick up.
Mayor Carroll asked why we are doing this exchange.
Ms. Orchanian explained that after examination the city found that we did not fall under the low to moderate income eligibility guideline for the ÒHandy WorkersÓ program. The CDBG also informed us that with that program there would have to be lead and asbestos removal and that would have to be done by the homeowners. This would be quite expensive for anyone who was on a low income, so the city decided to exchange the funds for General Fund monies. San Fernando has agreed to exchange the funds with us.
Councilmember Douglas asked how a city is shopped for to exchange with us.
Ms. Orchanian replied that the CDBG sends a list of interested cities. The City of San Fernando gave us the best rate, which was $.60/1.00.
The City Manager noted that this was administered through the County of Los Angeles. It is much harder to meet the eligibility guidelines of the State.
Mayor Pro Tem Borrowe offered a motion to approve Resolution No. 04-01 to exchange CDBG funds for general funds with the City of San Fernando for the year 2003-2004. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. It is recommended that items 9.a. through 9.b. 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.
Councilmember Douglas asked that item 9.b. be pulled for discussion.
9.a. HEIGHTS CHRISTIAN SCHOOL PROJECT
January 2004 StateÕs Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Councilmember Douglas offered a motion to receive and file item 9.a. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9.b. TWO (2) WEED ABATEMENT RESOLUTIONS FOR THE CITYÕS IMPROVED AND UNIMPROVED PARCELS.
RESOLUTION NO. 04-03 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF IMPROVED, DEVELOPED AND OTHER PROPERTIES IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITÕS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
Consideration of a Resolution starting the 2004 weed abatement cycle for improved lands. The program is conducted by the City.
and
RESOLUTION NO. 04-04 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTIES IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITÕS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
Consideration of a Resolution starting the 2004 weed abatement cycle for unimproved lands in the City. The program is conducted by the City.
RECOMMENDATION: Adopt Resolutions.
Chief Nielsen reported that the Resolutions were very similar to the ones last year. They cover the legal notice that was sent out to all property owners of the City of La Habra Heights noting the deadline for the weed clearance is May 1, 2004. We do this annually. He stated that one Resolution was for improved property and one for unimproved property. The rules are the same for both types of property.
City Manager Hendrickson suggested that the two Resolutions can be combined into one next year.
Councilmember Douglas noted that the Resolutions state that the City Manager or the Fire Chief is designated to give notice. He asked if Public Works can give notice also along roadways.
The City Manager explained that the Public Works Committee is not part of the Resolution notice, but when the Committee does find something needing correction along the road or the Fire Department notifies them of a situation, the Committee will notify the owner to abate the situation.
Fire Chief Nielsen noted that the Weed Abatement notices will be sent out next week. Any questions will be answered at the Public Hearing at the March meeting. He stated that the instructions are more clearly cut and informative this year.
Councilmember Douglas asked the Fire Chief to define ÒbrushÓ in instruction two (2).
Chief Nielsen explained that it would include dead trees, dead grass, piles of debris, and dead bushes.
Councilmember Douglas noted that one of the pictures identifies native brush which should be 18 feet apart. He asked how Ònative brushÓ was different.
Chief Nielsen stated that as he recalled, 18 feet was between pines and pepper trees, trees that burn easily. Anyone having a question on this should contact the Fire Marshall.
Mayor Carroll noted that several residents expressed concern about weeds in the Habitat Authority.
Fire Chief Nielsen explained that they are working closely with the Habitat Authority on this issue. So far they have been relatively cooperative. The fire roads have been widened in Powder Canyon and we are very aware of keeping the area safe for the residents.
The City Manager stated that some residents were of the opinion that the Habitat Authority had to take care of all of their weeds, but they have to follow the same rules as we do. They have to clear 200 feet from any structure.
Councilmember Millsap suggested that when we send a notice to a previous owner requesting the name of the new owner, it would help if the parcel number was on that notice.
Fire Chief Nielsen stated that it would be on the notice.
Councilmember Klein offered a motion to approve Resolutions 04-03 and 04-04 for weed abatement on improved lands and unimproved lands. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. 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 the Council has the redline strikeout version of the Rules of Procedure which were adopted in 1996. These are the rules that are presently in effect. The redline changes are to clean up and make the rules current. The CouncilÕs options are:
á Take no action, which would leave the 1996 Resolution in effect.
á Adopt the revised version, which will not change the policy but its expression will be more current.
á If you want to make any policy changes, you may do it tonight.
Councilmember Douglas asked for a change on page eleven (11), 9.2 under ÒAppointmentsÓ. Second sentence, cross out ÒAllÓ, substitute ÒmayÓ for ÒwillÓ in the same sentence. He asked for clarification on several items. He also suggested that 11.4 on page 12, ÒPersonal PrivilegeÓ be removed.
The Council had a non-action consensus.
Councilmember Klein offered a motion to approve the revised version by City Attorney Colantuono and clarified by Councilmember Douglas. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Attorney Colantuono asked that if anyone has typos they turn them in to him so he can provide a clean copy. He suggested that a copy be bound and placed at the back of the room.
11. GIS SERVICE AGREEMENT
Request approval to sign an agreement with Digital Map Products to provide technical hardware, software, and personnel in operating a Geographical Information System (GIS) for the City of La Habra Heights.
RECOMMENDATION: Approve GIS service agreement with Digital Map Products.
City Manager Hendrickson stated that he has asked The Vice President, Steve Stautzenbach from Digital Map Products to be here to speak about his company and how this type of approach to GIS can help our City. This system in house costs a lot more. He stated that the reason he picked this particular company was because it was user friendly and so we are recommending it. He explained that you can take a street or a parcel or a physical feature and the system ties a lot of data to it so this helps in many ways if going through a planning or development process.
Steve Stautzenbach presented a history of his company and a list of cities that have used this solution for their city. The company was formed in 1997. He noted that the system is very helpful for notifications for various reasons and can show maps to help in CUPÕs and items such as brush clearance. He stated that the system can be used in relation to the General Plan. It can show fault zones in the City. This can be set up according to the CityÕs needs. Mr. Stautzenbach explained that there are monthly updates of home sales.
Mayor Carroll asked how often the aerial photographs are updated.
Mr. Stautzenbach explained that each piece of data from the different vendors has a different update cycle. The aerial photographs are updated once a year.
Mayor Carroll asked if there was a limit of time we can use the program per month.
Mr. Stautzenbach answered in the negative, stating that this is a subscription for a number of users with unlimited volume of usage during that subscription. There are also unlimited amounts of data that can be incorporated under that subscription at no added cost.
City Manager Hendrickson stated that he has planned for 10 sites, two at City Hall, four or five covering Planning, Building and Engineering and two or three at the Fire Department.
Mayor Carroll asked if you pay more money, can you get an aerial update more often than once a year.
Mr. Stautzenbach explained that you only have two options. The aerial photography or the more high resolution orthophotography, which is much more expensive. He stated that if La Habra Heights ever had the chance to participate in a joint project with other cities it would lower the cost. The accuracy of the stock aerial photography improves each year.
Councilmember Douglas asked if there was anything in our data that would be hard to handle as far as what we would like to do with it.
Mr. Stautzenbach stated that it was within their capability. The desire to use the program for brush clearance could run into problems due to density of vegetation. This would run into a specialty application beyond our service. Making a mile marker system on roads would allow identification of parcels.
Councilmember Douglas clarified with Mr. Stautzenbach that we can create our own map layer, such as a flood zone map and it can be moved into the GIS system.
The City Manager explained that one reason he likes this system is that a team member will work with us to include in the subscription in-house data (such as new General Plan data), establish an updating process, and ensure compatibility at our desktops. Setup and Data Integration includes a 2 hour on-site Training Session to educate staff on effective use of the City GIS2 application.
Mayor Pro Tem Borrow asked the City Manager how many cities he has talked to about the system.
City Manager Hendrickson noted that he has talked with three Cities that are most like us, Lafayette and Palos Verdes are very pleased with the system and Whittier is considering this type of system because of the expense of an in-house system.
Mayor Pro Tem Borrowe asked Deputy City Engineer Lang if he has worked with GIS systems before.
The Deputy City Engineer replied that they may be using it in Alhambra, but going through the information he can see a lot of uses for it that would save a lot of time.
Councilmember Millsap noted that the proposal lists ÒTele Atlas Centerline databaseÓ at $0. Is this included or not available?
Mr. Sautzenbach explained that this is the Street Data Base and there is no licensing fee to our clients for this. The data that we have on the proposal is the base map data. We have not added environmental hazard data that we think is not applicable to La Habra Heights.
City Manager Hendrickson noted that we are going to have to develop a hazard mitigation plan by November 2004. We are working with Area E. This would be a good thing to put in our system when it is done. He explained that this system is like a pyramid that you can build on.
Councilmember Millsap addressed training for the system. She asked if the two week training period would be with just a couple staff people and then the two hour on site training period at the end of the two weeks would be with the ten people who will be using the system.
Mr. Stautzenbach explained that, being a local company, they can have one or two training sessions during the day to accommodate schedules. He stated that they have a technical support department that is staffed from 8:00 A.M. to 6:00 P.M. by phone or e-mail. There will be one technician who will be assigned to this CityÕs account.
Mayor Carroll noted that he has spoken to several cities and the Planner at Brea stated that she was very positive about the program. He suggested that they wait until the new Community Director has time to get used to the City after he arrives on February 26. He suggested waiting two months.
City Manager Hendrickson stated that the Community Director is very familiar with GIS and its usage.
Mayor Carroll suggested that this be delayed only one month.
Mayor Pro Tem Borrowe questioned such a long contract (5 years). He stated that he was concerned if something did not work out, that we have a way out of the contract.
The City Manager explained that he and Mr. Stautzenbach are discussing this.
Mr. Stautzenbach stated that it is a matter of the investment and time involved that makes a five-year contract necessary for his company. There are always ÒoutsÓ to the contract for both sides.
The City Manager stated that the City Attorney has reviewed the contract and has found a couple of suggestions that if approved by the Council we would work out with the Contractor. He did think it was essentially a straight forward contract. Even if the contract is ended we do not lose the data.
Councilmember Klein asked if this enhances a permit process, could a portion of the cost be passed on.
The City Manager noted that this may reduce our cost to serve people. That is something we should explore.
City Manager Hendrickson added that the Fire Department is anxious to use the GIS for the Weed Abatement program.
After discussion the CouncilÕs consensus was to continue this item till the next regular meeting.
Mayor Carroll offered a motion to continue Item 11 to the next regular Council meeting on March 11, 2004, with the understanding that all details will be worked out by then. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Carroll noted that Kathy Sauble has arrived and she will make her presentation now.
Kathy Sauble, Emergency Preparedness, stated that the EPC theme will be ÒMake a PlanÓ. She explained that we must determine in an emergency, what we need to do, what we need to have with us and who needs to act. Three web sites will help give this information.
á ready.gov The U.S. Department of Homeland Security
á redcross.org The Red Cross
á ESPfocus.org Emergency Survival Program
We need to be alert and listen for instructions from our community. She noted that this year we will be having a Health and Safety Fair. It will include: The Red Cross will be presenting a demonstration on pet first aid. The Fire Department will do a rescue using the Òjaws of lifeÓ. Emergency Preparedness items will be on display from an emergency preparedness vendor. The SheriffÕs Department will be doing Òkids printsÓ. We will have blood pressure checks and information for seniors. There will be a Moon Bounce for the children and the Fire Department will be selling their food for Cinco de Mayo. This will be on Saturday May 8, 2004 from 10:00 A.M. to 3:00 P.M. at The Park.
Kathy Sauble announced that there would be a Disaster Preparedness Academy, June 2, at Cal State Fullerton.
NEW BUSINESS
12. EXCHANGE OF SURFACE TRANSPORTATION PROGRAM-LOCAL (STP-L) FUNDS WITH COUNTY OF LOS ANGELES IN THE AMOUNT OF $20,756.
This exchange of $20,756 in STP-L funds for $1.00/1.00 with the County of Los Angeles benefits the City to make use of monies received towards street related projects.
RECOMMENDATION: City Council approve exchange of STP-L funds in the amount of $20,756 with Los Angeles County.
RESOLUTION 94-05 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AN AGREEMENT BETWEEN THE CITY OF LA HABRA HEIGHTS AND THE COUNTY OF LOS ANGELES TO EXCHANGE STP-L FUNDS FOR GAS TAX FUNDS.
Senior Management Analyst Orchanian explained that she was seeking the CouncilÕs approval to make the exchange. This will allow us to use the money on street related projects in our city.
Mayor Carroll asked why we need to make an exchange.
Ms. Orchanian explained that we do not have the particular roads that are mentioned in the guidelines in the Surface Transportation Program-Local.
Ms. Orchanian noted that the language in exhibit A (Assignment Agreement) is slightly different than in previous years. She stated that she has not consulted yet with the MTA to determine that it is appropriate.
Councilmember Klein offered a motion to approve the exchange of Surface Transportation Program-Local funds with County of Los Angeles in the amount of $20,756. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. STATEMENT OF INVESTMENT POLICY AND DELEGATION OF INVESTMENT AUTHORITY.
Pursuant to the requirements of Section 53646(a) (2) of the Government Code of the State of California, the treasurer or chief fiscal officer of the local agency shall annually render to the legislative body of that local agency a statement of investment policy.
RECOMMENDATION: Consideration and Adoption of a Statement of Investment Policy and Delegation of Investment Authority.
RESOLUTION 04-06 – a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER.
The City Manager explained that they need a low risk investment and the State Investment Fund that we have fits this need. If we have a new Treasurer come in at any time, that person will have to follow the written Investment Policy that is adopted by the Council.
Councilmember Millsap offered a motion to adopt Resolution 04-06 of the Statement of Investment Policy and Delegation of Investment Authority. 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. FORMAL BIDS FOR THE 2004 STREET IMPROVEMENT PROJECT.
The 2003-04 Street Improvement Project, which has been divided into two separate contracts, will receive its funding from the City wide Roadway Assessment District No.II and III.
RECOMMENDATION: Authorization to receive formal bids for the 2004 Street
Improvement Project.
Deputy City Engineer Lang explained that the Transtech Engineers are about 90% complete with the plans and specifications for this yearÕs annual street resurfacing overlay project. He noted that there would be a meeting this coming Tuesday with the Public Works Committee and it will be formalized and will be ready to advertise. Staff is requesting that Council authorize that they go for bids and receive bids. Mr. Lang stated that the cost of the whole project, including Engineering is $975,000.
City Manager Hendrickson explained that getting the CouncilÕs approval to go to bid at this time when the project is not quite finished keeps the project from being delayed for another month and this will allow us to get the project finished this fiscal year as planned.
Councilmember Douglas asked Deputy City Engineer Lang if he thought there would be enough money to complete all five (5) districts.
Deputy Engineer Lang answered in the affirmative.
Councilmember Douglas noted that there had been talk of repairing emergency problems in other zones so they do not become worse and more costly. He asked if this was possible.
Deputy Engineer Lang explained that there was enough money to take care of these urgencies. He stated that they will wait until after the rainy season to see what emergencies they have. There are four or five projects that are a little more than maintenance work. He also noted that this will be done with Public Works money that was budgeted for this and Gas Tax money.
Mayor Carroll asked the Council, the City Manager, the City Attorney and the Public Works Chairman if they were comfortable in delegating the decision that they go to bid at this time.
Les Williams asked if the City Council has to have the completed documents in their hands for approval to go forward. Would it bind the City if the Council approves going forward with the bid if they accept the recommendation of the City Engineer.
The City Attorney answered that the Council has to authorize the bidding of a defined project. The Council cannot delegate the staff the task to define the project to be later bid.
Councilmember Klein asked when the documents will be 100% finished.
Mr. Lang stated that it would be 100% complete by the end of next week.
Les Williams stated that they intended to have Transtech provide the documents for a 100% package by the end of their Committee meeting on February 17. He stated that the June deadline worried him if they try to do this work in June after school is out.
Councilmember Klein suggested this item be agendized for one of the Special City Council meetings so it can be properly approved.
Mayor Carroll stated that their next Special City Council meeting would be on February 19th.
City Manager Hendrickson noted how it was more complicated as far as the budget goes if you start a project in one fiscal year and it goes on to the next fiscal year.
Councilmember Klein stated that if the documents cannot be finished for the February 19th Special Council meeting it can be continued to the March 4th meeting and agendized for that meeting.
Councilmember Klein offered a motion to agendize item 14 on the Special City Council meeting of February 29, 2004. If the documents are not ready, the Council will move item 14 on to their March 4, 2004 meeting.
Mayor Carroll asked if it would be possible that Mr. Lang get the documents to the Council by the 18th so they will have time to review it.
Mr. Lang stated that he would try.
Mayor Pro Tem Borrowe seconded the motion and the motion was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. FIRE STATION STUDY REPORT.
A presentation and discussion of the Report and finding of the Fire Station/City Hall Evaluation Sub-Committee.
RECOMMENDATION: Receive and file. Further direction to be provided by City Council.
Mayor Carroll asked that they continue with the Administrative Reports until Mayor Pro Tem Borrowe returns.
ADMINISTRATIVE REPORTS
The administrative reports were taken out of order.
22. COMMISSION/COMMITTEE REPORTS
Senior Management Analyst Orchanian stated that she had no report.
20. FIRE CHIEFÕS REPORT
Chief Nielsen reported a brushfire on Cloister. He stated that the cause has not been determined yet. It may be arson. He pointed out that the Emergency Preparedness Network is presenting ÒFirestorm 2003Ó at Industry Hills Equestrian Center Pavilion Thursday, February 26, 2004 at 6:00 P.M. There will be Videos, Demonstrations and Fire Safety Information. The flyers will be at City Hall. The program will last about two hours.
19. CITY ENGINEERÕS REPORT
Mr. Lang stated that he had no further report.
21. SHERIFFÕS DEPARTMENT REPORT
There was no SheriffÕs report given.
Lara Orchanian reported for Sheriff Lieutenant Ault that there would be an event ÒOn The EdgeÓ, regarding people and wildlife on February 24, 2004, Tuesday at 7:00 P.M. at The Park gymnasium.
18. PLANNING DIRECTORÕS REPORT
There was no report given.
16. CITY ATTORNEYÕS REPORT
City Attorney Colantuono reported that there are now five (5) law suits pending or planned to affect the State budget. The Court of Appeal has dismissed the Howard Jarvis lawsuit challenging the Davis AdministrationÕs decision to increase the car tax. The UC studentÕs association has filed a lawsuit challenging the decision of the Schwartzenegger Administration to reduce the fire tax. That lawsuit is now pending. The Specific Legal Foundation is challenging the decision on the last State Budget to issue $10.7 billion dollars of non-voter approved debt to roll the deficit forward. That debt will become $15.7 billion dollars if voter approved on March 2, which will moot the Specific Legal Foundations lawsuit. The City of Cerritos and several other charter cities will soon be filing a lawsuit challenging an aspect of the law that created that debt which preempts a portion of local sales tax and backfill that tax, for now, with property taxes which they had stolen from local government previously. The purpose of the lawsuit would be to try to establish the principle that the local 1% sales tax truly belongs to the cities and not to the State. Mr. Colantuono also noted that there is a possibility of a lawsuit if the backfill of the vehicle license fee does not happen beyond June 30. Without this backfill cities would have to lay off policemen. We will be voting on fiscal matters, 56, 57, 58 and 59. He stated that there will be more issues on the November ballot.
16. CITY MANAGERÕS REPORT
The City Manager had no report.
15. FIRE STATION STUDY REPORT – CONTINUED.
City Manager Hendrickson reported that a sub-committee, Fire Chief Nielsen, Assistant Chief Hyslop, Mayor Carroll, Councilmember Klein and the City Manager, have been working to look into whether or not the Fire Station should be enlarged where it is or somewhere else. The Committee has met seven or eight times and was approved to hire consulting work. We hired architectural services of Nicoloff & Associates and PSI Engineers to provide a Phase I Environmental evaluation on property at Hacienda and West Road. Late in the process, an appraiser was hired to appraise the present City Hall and Fire Station site. There were four (4) options the Committee looked at.
1. Remodel/rebuild fire facilities and city hall on present site.
2. Rebuild fire station only on new site.
3. Rebuild both the fire station and city hall on new site and then sell this facility.
Or do nothing.
The consultant listed pros and cons for each option.
For option one the concerns if we built on this site are that there would not be enough parking, there would be a second story dormitory and engines would have to use hammerhead turn arounds. There would be no space for outdoor fire training and would need temporary locations while being remodeled. The pros were lower first cost and no land purchase.
For option two the negatives were cost of site, City functions and Fire Department not located at the same place. It would cause temporary relocation of City Hall while it was being remodeled. The positives were that it would have adequate parking, room for future projects, single story living quarters, drive through apparatus bays, room for outdoor fire training and better location for fire response areas. Mr. Hendrickson stated that they re-evaluated the cost and he thought this might be the more expensive way.
For option three the negatives were minimal future growth and most expensive building costs. The positives were adequate parking, sale of existing site would help defray the cost of the new site, no temporary relocation of City Hall, single story living quarters, drive through apparatus bays, room for outdoor training and Fire Station better located for response areas.
The consultant recommended number three as the best option, then number two and last, number one.
Mr. Hendrickson noted that Los Angeles County letter stated they would sell the land in question to us for $480,000. He noted that the estimate for option number one (b) would be $3.4 or a little over $3 million dollars. The cash available from the capital improvement fund set up, the fire facility fund and contributions from the General Fund total $1.1 million available. There would be a remaining net balance of $2.3 million on option (1) and a little under $2 million on (2), options 1 and 2 make use of the present site.
If only the Fire Department was moved, the cost of the County land would be added. This would cost $2.9 million, and with a reduced size it would cost $2.2 million.
If both facilities were moved to the new location our present location would bring approximately $1,230,000. This would add to the cash on hand to total about $2.33 million cash on hand. What would be left to pay would be $2.2 million and under a reduced size, just under $1.4 million. This would be the less costly choice except staying where we are.
Mayor Pro Tem Borrowe noted that the Engineer indicated that there was no ground contamination on the County lot, but all he had done was a visual.
City Manager Hendrickson explained that this is called a ÒPhase IÓ. Before we would build we would drill a couple of holes to examine the soil, this is called a ÒPhase IIÓ. He answered Mr. Borrowe that we would pay for this. The County is selling the land Òas isÓ.
Mr. Borrowe noted that it can cost hundreds of thousands of dollars if it has to be cleaned up.
Mr. Hendrickson stated that with the visual check they also look up any history on the lot and surrounding lots that would indicate any possible problem with the land.
City Attorney Colantuono explained that it was the usual practice that if an Engineer who does a ÒPhase IÓ says there is no need to do a ÒPhase IIÓ you donÕt have to do it. If the land has been residential or a low intensity agricultural use usually the only testing that is done is to see if there could be any residual pesticides in the ground. This does not require any drilling because there was no industrial use. If there has been oil production on the site you would need to drill for tests.
The City Manager stated that they might try to negotiate with the County to test any area that we might think suspicious before we buy.
Mayor Pro Tem Borrowe expressed his concern that the land could have been contaminated somehow from upstream and this would be very costly for the city.
Councilmember Douglas stated that the aerial coverage from 1928 on shows that there were no detrimental uses on the land or on nearby land.
Councilmember Klein stated that the Engineering Company has done extensive investigation on records and found nothing. He stated that he was comfortable with their evaluation. He stated that he would be concerned that there were no pesticides contaminating the ground. He felt it would be prudent to test for that.
Deputy Engineer Lang explained that test drilling could be done for $15-30 thousand depending on how extensive the testing was.
The City Manager noted that he had talked to the County about when they wanted an answer and they said by the end of the fiscal year (June 30). He stated that he would like to see if there could be other ways to finance this so there would not have to be as much cash outlay.
Councilmember Millsap noted that the County has a timeline to sell and the school next door has a timeline to buy.
Councilmember Klein noted that we should make a decision on this. Any concerns need to be taken care of.
Councilmember Douglas asked if we decide on moving the Fire Department does this tie the hands of future Councils regarding maintaining our own fire service. Was any thought given to this.
The City Manager explained that this was considered by the Committee and if we ever go to another fire department, they would not consider moving in to ours unless it was pretty up-to-date and if they responded from their own area it would increase the response time which is very critical, and the cost to hire them would also be great.
Councilmember Klein stated that when they investigated LA County Fire several years ago the cost was about $1.5 million.
Mayor Pro Tem Borrowe noted that the Council had authorized $7,100 for the consultant, but they spent $14,000. He asked when or where the amount changed. It actually shows in the report that we have currently spent $18,000. Why are we above our budget?
The City Manager explained that we budgeted $14,000 last year and $75,000 this year. Part of it was the $21,000 for ÒPhase IÓ. That was additional cost above the consultant fee.
Mayor Pro Tem Borrowe gave his opinion that it was incredulous that we would consider spending so much when there was such a financial crisis in the state. We do not know what our financial future will be. He explained that this should go to the voters and they should know all the details of what it will cost them. City Hall is working fine as it is.
The City Manager stated that if the Council decides to move forward at this time we have the advantage of low interest rates and interest in buying this property might not be here at a later time.
Mayor Pro Tem Borrowe explained that the price and the time deadline should always be negotiated.
Councilmember Millsap noted that space was very cramped at the City Hall and at least it needed remodeling.
Councilmember Klein suggested they move to a closed session to give staff instructions for making an offer for the County property.
The consensus of the Council was to move ahead on considering negotiations.
Councilmember Douglas suggested that the City Manager investigate other uses for the County property in case it does not work out for the use being planned.
Councilmember Klein offered a motion to go into closed session for thirty (30) minutes. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: Borrowe
ABSENT: None
The Council adjourned to closed session.
Mayor Carroll stated that they have returned from closed session at 11:05 P.M.
The City Attorney noted that instructions were given to the negotiator but there was no action to report.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no public comments.
ADJOURNMENT
Mayor Carroll adjourned the meeting in the memory of John Erickson to a Special City Council meeting on February 19, 2004 at 7:00 P.M.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON