CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
DECEMBER 9, 2004
A point has been reached where, in the opinion of the City Council on the advice of its counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council.
CONFERENCE WITH LEGAL COUNSEL
á Anticipated Litigation
One Case
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Regular Meeting of the La Habra Heights City Council at 7:36 P.M., Thursday, December 9, 2004, in the Multi Purpose Room at 1245 Hacienda Road.
2. ROLL CALL
Members present: Mayor Borrowe, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present: City Attorney Levin, City Manager Hendrickson, Fire Chief Nielsen, Sheriff Lieutenant Ault, Administrative Accountant Vernon and Senior Management Analyst Orchanian.
3. FLAG SALUTE
Shea Nolan led the Flag Salute.
4. PRESENTATIONS
á Kathy Sauble, will report on matters pertaining to the Emergency Preparedness Committee.
Kathy Sauble, Emergency Preparedness Chairperson, noted that the subject for this month is mental health during and after an emergency or disaster. Ms. Sauble explained that children have many fears in a disaster, and she noted that children under 5 are very affected by changes in routine. They are dependent on family members for comfort. Be reassuring and get them to express their feelings. Children from 6-11 often regress and become withdrawn or aggressive. Encourage them to talk about their experiences and resume normal routines as soon as possible. Relax your expectations. Young teens find the opinions of their peers very important. They also may become withdrawn or aggressive. Group sessions can be very helpful. In older teens there may be frustration, anger and resentment due to having their social life disrupted. Teens should be encouraged to resume their normal life and friends. They should be encouraged to participate in Community rehabilitation efforts. Adults should be patient with themselves, acknowledging their fears and stresses. The elderly often feel a loss of control, vulnerability, isolation and will need additional attention.
Mayor Borrowe asked the City Attorney if there was anything to report from the Closed Session.
City Attorney Levin answered that there is nothing to report.
Councilmember Klein called attention to a request for donations of long distance calling cards to the San Onofre Elementary School in San Clemente so they can send them to our troops.
á Public Works Committee.
Jerry Shipman, Chairman, Public Works Committee, reported that there is still a little work that needs to be done on Zones 1, 2 and 3. There are a few spots that have to be redone. Developers tore up some spots with their trucks and were seen as it was happening so they have to pay for that. The weather has also kept us from finishing spraying the berms. Chairman Shipman explained that it would be nice to have one more person on the Committee for a standby.
á Bill McDermott, CityÕs representative to the Habitat Authority Citizens Advisory Committee, will present a report.
Bill McDermott reported on the status of the activities of the Habitat Authority and the CitizenÕs Technical Advisory Committee. He stated that the purpose of the Habitat Authority is to acquire, restore, and maintain open space in the Puente Hills and to preserve the open space and native habitat. He explained that three of the nine members of the CitizenÕs Technical Advisory Committee are residents of La Habra Heights. Mr. McDermott explained that their purpose is to provide an interface between the Habitat Authority and the citizens. They will come to the Council about every three months to provide a status report.
Mr. McDermott noted that the Habitat Authority has hired LSA Associated, Inc., a biologic consulting firm, to prepare a Resource Management Plan (RMP). This plan will act as a guide to show how the open space will best be managed. Part of this will be the development of a trail plan based on usage and your input. We will do an inventory of the existing trails, make a map of them, and have comprehensive information about each one. He stated the need for information that will help us to make the trail plan. He stated that after the first of the year there will be meetings scheduled and the public will be able to give their input.
Mr. McDermott noted that the Harbor Boulevard wildlife underpass project is moving forward. The Federal Grant funding has not yet been secured. Mr. McDermott also noted that there would be some planting done on the Diaz property and at the Powder Canyon trailhead.
Mr. McDermott commented that the Habitat Authority is working with Judy Hathaway Francis on creating a volunteer docent manual.
He noted that they are starting work on a 7th Ave. trailhead. This will be called the Hacienda Hills trailhead. It will be scheduled to open around mid 2005.
Mr. McDermott noted that they would need another member for the Committee in February.
á Presentation of a Commendation to Shea Nolan, Eagle Scout.
Mayor Borrowe presented Shea Nolan with a Commendation for his promotion to Eagle Scout and accomplishing his Eagle Scout project.
Council Member Carroll mentioned Shea hiking on the John Muir trail and asked how far he had traveled.
Shea Nolan noted that he had traveled approximately 632 miles.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
John Nielsen, Fire Chief, introduced a group of the Paramedics who will work for the City of La Habra Heights. He commented that they have gone through EMT school and have performed 1,500 hours of field experience even before they could apply to Paramedic school. The Paramedic school is nine months long. It is difficult education within the public safety sector.
Lara Orchanian, Senior Management Analyst, noted that Staff is accepting applications for alternate positions on our Parks and Recreation Commission and also for our Emergency Preparedness Committee.
Richard Hyslop, Deputy Fire Chief, spoke of the need for courtesy, respect and common decency in our dealings with each other. He commented that Mayor Borrowe had made slanderous comments regarding his planning memo about the Fire Department. He felt that his honesty and integrity had been questioned and that made him very unhappy. Mr. Hyslop stated that he stood by every statement he made in his memo. He stated that they merely had differences of opinions and understanding.
Stanley Quade, Encanada Drive, stated that he received a telephone survey about La Habra Heights from someone in Idaho. He asked if the City was paying for this.
The City Manager noted that it was not City sponsored.
Mr. Quade presented examples of how much his tax bill had increased in the last 20 years. He explained that the needed protection for fire apparatus could have been provided in some manner a long time ago. He stated, in his opinion, there were too many unimportant Ordinances.
Mr. Quade complained about the quality of the parties at The Park. He also complained about the mix-ups in the AT&T landscaping at The Park.
Councilmember Klein asked for consideration of how long each person may speak, and he asked for three or four minutes at the most.
The consensus of the Council was to hold comments to 4 minutes.
Norm Zezula stated that he had been critical of many things in the Memo of Deputy Fire Chief Hyslop. Mr. Zezula noted the decrease in Volunteers. He commented that, in his opinion, there was not enough sincere appreciation for volunteer work. He noted that programs for citizen training by the Red Cross and the Emergency Preparedness Committee (Cert Program) often do not happen.
Stephen Blagden, Citron Road, suggested we might close Hacienda Road while La Habra works on their end of it, and maybe this would train people not to use Hacienda Road. Mr. Blagden noted that there were several agreements made at the time we purchased this property. Part of the deal was a reciprocal parking agreement with the private school allowing them to park on our property. He stated that, as far as he knows, we are still paying for the schoolÕs electricity. These agreements could cause a problem if we want to sell to a different party.
Mayor Borrowe closed the Public Comments.
5. APPROVAL OF WARRANTS – November 2004
Mayor Borrowe asked who ÒSmooth BizÓ is as mentioned on page two.
City Manager Hendrickson explained that they are going to be setting up the City website.
Councilmember Klein offered a motion to approve the Warrants as presented for November 2004 in the amount of $372,832.07. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – October 31, 2004
The TreasurerÕs Report Consists of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to City Engineers
á Payments to City Attorney/City Prosecutor
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
Councilmember Klein offered a motion to receive and file the October 31, 2004 TreasurerÕs Report as presented. The motion was seconded by Councilmember Millsap and approved as follows:
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of a Special Meeting of the City
Council of November 4, 2004.
Councilmember Carroll offered a motion to approve the Special City Council Minutes of November 4, 2004 as presented. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. It is recommended that Item 8.a. 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.
8.a. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
Councilmember Klein offered a motion to receive and file the Heights Christian School monthly report. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
9. EMERGENCY ORDINANCE REGARDING ABATEMENT OF DANGEROUS BUILDINGS
Barbara Doppieri, Planning Technician, reported that the City of La Habra Heights adopts by reference the Los Angeles County Building Code. Chapter 99 of the Building Code provides for specific procedures that must be followed regarding substandard conditions and dangerous buildings. Section 9906 of Chapter 99 provides for a Building Rehabilitation Appeals Board to hear appeals, where the Building Official has declared buildings substandard or dangerous. She stated that our CityÕs Municipal Code makes no provision for appeals to be heard when a building is declared substandard or dangerous.
Planning Technician Doppieri noted that the City has the ability in court to file criminal action against a property owner, and we usually use the maintenance section of the Building Code. However, without a Building Rehabilitation Appeals Board, we do not have the authority to order a resident to vacate a building or to obtain a warrant to have a building demolished. Planning Technician Doppieri commented that in Section 8100 of our Municipal Code, we should interpret all reference to Los Angeles County to mean La Habra Heights.
Planning Technician Doppieri stated that Staff is recommending adoption of an Emergency Ordinance that appoints the Planning Commission as the Building Rehabilitation Appeals Board. We are making this request as an emergency ordinance because we have a critical situation with a family living in a dangerous building. The building is in danger of collapsing.
ORDINANCE NO. 257U – AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING SECTION 8515 OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO THE ABATEMENT OF DANGEROUS BUILDINGS.
Planning Technician Doppieri explained that there are two reasons to pass this Ordinance. One is for safety, and the other is to give the property owner the ability to file an appeal.
The City Attorney verified that an Emergency Ordinance would go into effect immediately.
There were no public comments made.
Councilmember Klein offered a motion to approve Emergency Ordinance No. 257U. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Manager Hendrickson asked that they take Item 14 next.
The consensus of the City Council was to take Item 14 out of order.
NEW BUSINESS
14. BILLING AGREEMENT WITH AMERICAN MEDICAL RESPONSE (AMR)
City Manager Hendrickson explained that in order to provide Paramedic Services starting on January 1, 2005, we need to have Ambulance Services also. The County chooses the Ambulance companies that work in different areas. We fall into the American Medical Response (AMR) area. City Manager Hendrickson explained that the County sets two different rates that may be charged. There is a Basic Life Safety (BLS) rate, which is an EMT, and an Advanced Life Safety (ALS) rate, which is a Paramedic. We may bill the difference between the two rates through AMR. The difference is approximately $250. City Manager Hendrickson noted that in the agreement with AMR, they agree to pay us $85 for each ALS call requiring Paramedics. At the end of 18 months, they will review the actual amount they collected and adjust the account for the first 12 months. If they collected more than $85 per call, they will pay us more. If they collected less, we will owe them. Then they will do this on an annual basis, so the corresponding adjustment matches our fiscal years.
City Manager Hendrickson stated that AMR would not bill for First Responder calls. We will bill this.
City Manager Hendrickson stated that the actual service agreement is with the County. Our agreement with AMR is a billing agreement. He stated that the Attorneys are working through the agreement and noted that he recommends we approve this agreement for billing services with AMR on the condition that City Attorney Levin approves the final contract.
City Attorney Levin stated that they are working on language in the agreement, and it should be final soon. She explained that if the terms of the agreement are acceptable to the Council, they may approve the Contract this evening subject to indemnification and insurance provisions that are acceptable to the City Attorney and City Manager.
City Manager Hendrickson added that the Council would authorize the Mayor to sign the Contract when it is final.
Dave Austin, AMR, stated that he had run calls in La Habra Heights with the previous Ambulance Company that AMR acquired and noted that they are looking forward to providing service to La Habra Heights.
Mayor Borrowe pointed out that this was a last minute Contract that puts the Council in a pressure position.
City Manager Hendrickson explained that none of the key points have changed from the copy sent with their packets.
Mayor Borrowe commented that indemnification agreements are very important.
There were no Public Comments.
Councilmember Carroll offered a motion to accept the agreement with AMR, subject to the City Attorney reviewing and finalizing the language. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Borrowe returned the meeting to Item 10.
10. FIRE FACILITIES AND LOCATION
City Manager Hendrickson explained that the Council has continued this item from previous meetings. Some of the Council have asked for a summary of the options and an outline has been provided. City Manager Hendrickson stated that the Council could have a Committee look at this or hold a Town Hall type meeting to go through the options. He suggested that they might not make a decision until after March.
RECOMMENDATION: Further advice and direct staff on actions to be taken.
Mayor Borrowe opened the meeting to Public Comment.
Norm Zezula stated that contradictory response times were submitted in past meetings to prove that the new location is best, and self-contradictory information does not prove anything. Mr. Zezula noted that there are other contradictory comments that are used as a basis for spending a very large amount of money. Mr. Zezula stated that, in his opinion, the figures used for costs of buying and selling the two different properties were also contradictory from earlier statements.
City Manager Hendrickson explained that amounts that are used for costs and prices in this report are all estimates. He noted that the decisions made would be by the Council, not himself.
Mayor Borrowe asked on #1 BUILD NEW FACILITIES AT HACIENDA AND WEST ROADS, under Estimated Square Feet of Building Space, where did the total Òestimated square feetÓ of 21,064 come from.
City Manager Hendrickson explained that the number came out of the initial report from the architect who was consulted. He stated that it was about the same as 3B in the initial report, except that the size of the apparatus bay was adjusted downward.
Mayor Borrowe commented that in #4 on MAJOR REBUILD AND REMODEL FACILITIES AT PRESENT LOCATION, under total, the square feet was listed as 18,930.
Mayor Borrowe noted that a resident had asked him if we had considered pre- manufactured buildings. The resident contacted a company, and they said they could build what we probably need for $60 - $70 per square foot, which might be more economical, and he would like to see that looked into. It would be good to see a breakdown of this in the consideration of what we might decide on.
Councilmember Millsap noted that she thought Administrative Accountant Vernon had looked into this. The numbers that he presented for this were high.
City Manager Hendrickson commented that we should be open to all options for investigation. He stated that part of our figures are based on $80 a square foot.
Councilmember Klein asked City Manager Hendrickson what kind of direction he was looking for.
City Manager Hendrickson noted that he would like to know what steps the Council would direct him to take, particularly if there is agreement with the objectives for new development, and after reviewing the alternatives, we can add developmental analysis. Whichever property we decide to build on, we need to know what Fish and Game might require of us due to the proximity of the Òblue line stream.Ó We should find this out right away. City Manager Hendrickson noted that he does not know what the school wants to do about this property. That may, or may not make any difference to you.
Mayor Borrowe commented that it makes a big difference to him because, in his opinion, there are not many people who would want this property. He stated that he did not think the school would buy this property Òas-is.Ó Mayor Borrowe asked City Manager Hendrickson to investigate what the school thinks is a reasonable price for this property and bring back more information.
Councilmember Millsap stated that this information could help in the decision the Council makes. She also stated that she liked the idea of a Town Hall Meeting for the public.
Councilmember Klein commented that we have already determined Item 1 that there is a need to upgrade facilities. Item 2 has Objectives for New Development. He spoke in favor of using the new property as it has many benefits. He stated that we need to move forward on a timeline. Council Member Klein suggested that Item l is done, Item 2 – Objectives for New Development – can be discussed and then go on to Item 3 – Review Alternatives. Council Member Klein was of the opinion that Item 3 was the best place to have Town Hall Meetings. He stated that he would like to move this to the January meeting.
City Manager Hendrickson commented that on Item 2, the first two bullets had been pretty much agreed on. The next three bullets need more discussion for the Council to make a decision. These cover response times, parking and congestion and improved traffic safety. This is a good place to add any other objectives that the Council may wish.
Councilmember Klein commented that, in his opinion, the response time was not the primary purpose, it would just be an added benefit. He also stated that the new property would be better because of the larger size than we have now, and there would no longer be the safety consideration of school children next door. He noted that the Council needs to be prepared to move through Item 2 in January.
Mayor Pro Tem Douglas suggested that City Manager Hendrickson be preparing a little more detail for the education of the Public on the different objectives that are possible.
Councilmember Klein offered a motion to continue Item 10 on the Agenda and review Item 2 in January and be prepared to go into Item 3 in February. The motion was seconded by Councilmember Carroll.
Mayor Borrowe commented that on Item 3.c. – Rebuild all buildings at present site – he would like to see consideration of the pre-manufactured buildings be part of that. He noted that he would like to see the residents be able to vote on how they want their money spent.
Councilmember Klein expressed his concern that taxes may not be increased to pay for the Paramedics and Fire Department.
Mayor Borrowe stated that his concern was that in the future we would not have a Volunteer Fire Department, and we would need to have a fully paid Fire Department. And if Los Angeles County was to provide service, they might want the Fire Department somewhere else other than Hacienda and West Road.
Councilmember Millsap reminded the Council that there are not many flat places to build in the City.
Councilmember KleinÕs motion was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. CONSOLIDATION OF GENERAL MUNICIPAL ELECTIONS WITH A SPECIAL ELECTION OF LOWELL JOINT UNION SCHOOL DISTRICT
City Manager Hendrickson explained that Lowell Joint School District is holding an election on March 8, 2005 to ask for an increase in the School Tax of $100 per parcel in the District. They had asked to have a joint election with us, which would save both of us money; however, they decided that they would not hold a joint election. Lowell Joint School District will have their own polling places. The best thing to do on this Item is to take no action and move on.
The consensus of the Council was to take no action.
12. COUNCIL APPROVE ARGUMENT FOR FIRE TAX AMENDMENT
City Manager Hendrickson explained that the Council had asked that he write arguments for making technical adjustments to Ordinance 219 to allow expenditures for Paramedic Expenses. We have a Fire Tax that can be adjusted based upon 3% or the yearly CPI, whichever is less, and it is cumulative. The Council would like to make a technical adjustment because the City Attorney noted that the language, in her opinion, is insufficient to use the funds for other than Fire Suppression. The change in language does not increase the tax collected.
City Manager Hendrickson noted that in the three proposals he has written, he has tried to make sure that:
1. Voters understand that there is no automatic increase in the Fire Tax associated with the ballot measure.
2. The original intent of the Fire Tax anticipated that life safety functions, including paramedic, would be paid in part by proceeds from the tax.
3. A vote of YES is responsible in assuring the fiscal health of the City is preserved.
City Manager Hendrickson stated that he has made three different arguments in favor of this and he feels that the shortest one is the best. He also noted that the Council might make any amendments to these that they want.
Councilmember Carroll noted that he likes Argument 3 with a change in the last sentence. He suggested that after the words Òencourages you,Ó insert Òto vote yes,Ó and add to the end of the sentence, Òso that it can also be used to pay for Emergency Medical and Paramedic Services.Ó He also noted that in the last sentence of the first paragraph he would insert ÒtechnicalÓ between the first word and the word Òclarification.Ó
Mayor Pro Tem Douglas commented that he also liked the shortest Argument and the changes made by Councilmember Carroll.
City Manager Hendrickson suggested that in the title they change the last word from ÒEXPENSESÓ to ÒSERVICES.Ó
Councilmember Carroll offered a motion to approve Ballot Argument 3 as amended and asked each of the members to sign it. The motion was seconded by Mayor Pro Tem Douglas.
Mayor Borrowe asked the meaning of the sentence in Argument 2, which stated that the Council could raise the tax by 15% and about 20% by March 2006 under Ordinance 219.
City Manager Hendrickson explained that this is the cumulative possibility.
The motion was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein asked City Manager Hendrickson to mail each Councilmember a copy of the final Argument.
City Manager Hendrickson noted that he would do this, and it would become public at that time. He also noted that anyone wanting to file an Argument against this measure has until next Tuesday, December 14, by 6:00 P.M., and any Rebuttal must be filed 10 days later on Wednesday, December 22, by 6:00 P.M. If the Council wants to file a Rebuttal, they have to contact the City Manager to let him know. It will need a Special Meeting.
City Attorney Levin noted that the City Manager could confer with each of the Council to ask if they think a Special Meeting would be appropriate and determine the consensus of the Council.
13. AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE
City Manager Hendrickson stated that the City of La Habra Heights contracts for animal control services with the County of Los Angeles. We agreed to adopt procedures that they may change to provide those services. Los Angeles County is asking us to adopt Title 10 as our Code as they have amended it.
ORDINANCE NO. 255 – AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING SECTIONS 3300 AND 3304B OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING ANIMAL CONTROL REGULATIONS.
Councilmember Carroll offered a motion to waive further reading and introduce Ordinance 255 for first reading amending City Municipal Code Sections 3300 and 3304B relating to Animal Control. The motion was seconded by Councilmember Millsap and approved as follows:
NOES: None
ABSENT: None
14. Item 14 has already been considered out of order.
15. MASTER AGREEMENT BETWEEN PALO VERDE COMMUNITY COLLEGE DISTRICT AND THE CITY OF LA HABRA HEIGHTS
City Manager Hendrickson reported that the City of La Habra Heights has an agreement with the Palo Verde Community College District for Fire Training Services that allows the firefighters to receive their certificates as firefighters. We do not at this time have an agreement for services for our own in-house Department to receive any certification or any benefit for elective courses that we do teach the volunteers once they finish the Academy.
City Manager Hendrickson stated that this new agreement with Palo Verde Community College District would allow for reimbursement for the in-house training if the college approves the training and classes. Last year we were reimbursed for the academy training (approximately $18,525). We expect that with the new contract, our reimbursement revenues should increase to about $75,000. This will assist in our training costs for all programs, including paramedic, in-house, explorer program, volunteers, CERT and Academy. This will be a very large benefit. City Manager Hendrickson gave credit to Fire Chief Nielsen, Palo Verde College and the City Attorney.
Mayor Borrowe asked if all of the instructors would be ours.
Fire Chief Nielsen answered that all of the instructors would be ours, and that he is certified as the lead instructor. He stated that they had to go through a process to be certified by the College to teach at this site.
Councilmember Carroll offered a motion to approve the contract and authorize the Mayor to sign. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
16. FIXED ASSETS POLICY
City Manager Hendrickson stated that we are required to include within our financial statements our fixed assets. He noted that Budget/Accounting Officer Freddie is very good at putting together the policies that would guide us, and we ask you to approve this policy.
City Manager Hendrickson noted a change on page 2 of the FIXED ASSET MANAGEMENT POLICY. On paragraph 2, change the useful life from Òfive (5) yearsÓ to read Òthree (3) yearsÓ
Budget/Accounting Officer Vernon explained that the purpose of this document is to provide guidelines for the capitalization and inventory of our fixed assets. We are required as a government agency to capitalize and appreciate fixed assets. He stated that there would be two sets of books. One will be what you are accustomed to, and the other will include all of the fixed assets and all of the depreciation.
Mayor Pro Tem Douglas stated that he was pleased with the new system. Mayor Pro Tem Douglas asked if Budget/Accounting Officer Vernon was going to place realistic lifetimes and realistic future costs for replacement into this.
Budget/Accounting Officer Vernon stated that they are looking into setting up realistic values of items we would have to replace, such as Fire Engines, and money needed to keep our buildings in repair.
Mayor Pro Tem Douglas asked if changing the system would give any difficulty in monitoring the cash flow of the City.
Budget/Accounting Officer Vernon stated that it should not affect our Capital Projections.
Mayor Borrowe asked what was meant by the phrase Òcost benefit principleÓ in Section E on page one at the end of the first sentence of the Memorandum.
Budget/Accounting Officer Vernon replied that it really means that we do not track something minor that would cost more to track it than the item itself costs.
Mayor Borrowe asked about Item 6 on page 1 of the FIXED ASSET MANAGEMENT POLICY. He asked if we have any internal control as mentioned in Item 6.
Budget/Accounting Officer Vernon explained that each department head is responsible for safeguarding all non-capitalized fixed assets.
Mayor Pro Tem Douglas offered a motion to approve the Fixed Assets Policy. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
17. CITY MANAGERÕS REPORT
City Manager Hendrickson reported that we are very close to receiving our permit for the Paramedic Program. We have been assured that we will have the approval by January 1, 2005.
City Manager Hendrickson noted that Hacienda Road is under construction in La Habra. This construction should last from six to eight weeks. He stated that he has directed the City Engineer to make a Òkeep clearÓ area, so we can turn into and get out of our property when the traffic is backed up. The Fire Department needs this access to get out. City Manager Hendrickson explained that he had asked the Sheriff to be on hand at first to assure that drivers comply with this. This area is also a problem for people trying to turn in causing back up. The construction will include curb and gutter work, and then they will pave the road in the spring. City Manager Hendrickson also commented that a resident had suggested we close the road at the other end of Hacienda; however, this could cause an even larger problem on the side roads. It is possible the Sheriff can manage some traffic control in other ways.
City Manager Hendrickson also explained that we have received the papers for the purchase of the property at Hacienda and West Roads. This can be approved by the Council at the January Meeting or at a Special Meeting. The papers then have to go back to LA County.
City Manager Hendrickson stated that the City would be closing for the Holidays on December 23, 2004 and open with the normal schedule the following week.
Councilmember Klein commented that he thought they had decided that City Hall would not be closed more than one day per week. We missed that goal at Thanksgiving. He stated that we are in the service business.
Councilmember Millsap stated that at one time we tried that and placed a sign-in sheet at the counter. Not many came in on the day before the Holiday.
City Manager Hendrickson stated that he would have to minimally staff the City Hall and then at a later date give those that worked a day off. He stated that if that was the consensus of the Council and they directed him to keep open at least 3 days a week, he would.
The consensus was that they be at least minimally staffed on the third day of the week.
18. CITY ATTORNEYÕS REPORT
City Attorney Levin commented on something mentioned in her firmÕs newsletter. The Supreme Court has taken up a case on Proposition 218. She stated that this case should not have an impact on La Habra Heights. It concerns Municipal Utilities. It should not affect our Fire Tax.
City Attorney Levin noted that there have been some substantial changes to Housing Element Law and La Habra HeightÕs Housing Element is coming up within the next two years for review and amendment. It is required by State law to be updated every five years. The amendments make the requirements for density and for lower income housing, which are stringent, and will require some significant analysis. She stated that it would probably be necessary that you budget some funding for a consultant on the Housing Element issues. There will be Regional negotiations going on to consider what this CityÕs fair share of the housing allocation is. Those numbers have taken on more significance now.
City Attorney Levin suggested that La Habra Heights take part in those negotiations.
19. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
No one was present for a report.
20. CITY ENGINEERÕS REPORT
No one was present for a report.
21. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that he would respond to Norm ZezulaÕs comment that the CERT program had not started. Fire Chief Nielsen noted that the CERT program would begin in January. He commented that he had to get the Paramedic Program going first. He stated that he has a list of those who are interested in the CERT program and he will contact all of them with the date. Fire Chief Nielsen also noted that he has the dates for the new CPR and first aid classes that the Red Cross will offer at the Fire Department.
Fire Chief Nielsen explained that for the first time in two years the number of calls were fewer than 20 in a month.
22. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Ault reported about the trade show on law enforcement equipment that she went to. She noted that most of it was not appropriate for the City to purchase. 3-M has some driver feedback signs that you might be interested in. The City of Whittier has 28 of these. There is one on Janine in front of Murphy Ranch School. The one with a computer system is about $8500 and the one without the computer is about $7800.
Lieutenant Ault explained that she got some ideas on service enhancements. One item was fingerprint kits so prints could be taken right away. The kits are about $65 each. We are still looking for a company that has the ability on a quality level to provide surveillance type cameras. She stated that they could also arrange to process print identification through Cerritos Fingerprint Identification Specialist (FIS). She noted that she did not know what the cost for this would be. We probably donÕt have a great need for that.
Councilmember Klein stated that he would be interested in getting more information on the FIS system. He stated that he would like to see one of the 3-M signs at East Road coming off of old Fullerton Road.
Lieutenant Ault noted that these signs are not bright enough to intrude on the neighborhood.
23. COMMISSION/COMMITTEE REPORTS
á Park Building Kitchen Renovation Project
Senior Management Analyst Orchanian reported that in June of 2004 the Council voted to have the City act as the Contractor for the Kitchen project. The bids we have received were extremely high. Under California law, if the project is publicly funded over $25,000, it requires the Contractor to apply Òprevailing wage.Ó The smaller contractors are reluctant to pay the Òprevailing wage.Ó The larger contractors donÕt want to bid because it is a smaller project. They also do not want to pay the Òprevailing wageÓ on a small project. We have asked those that did bid to include the Òprevailing wage,Ó When they do that, we will review it and give you a complete report in January and ask for approval.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
John Beau wished the Council members, City Staff, City Attorney, Fire Chief and Lieutenant Ault SeasonÕs Greetings and the best for the coming year.
Mayor Borrowe adjourned the City Council meeting at 10:31 P.M. to the next Regular City Council meeting on January 13, 2005.
ATTEST:
____________________________________
CITY CLERK, JOHN F. HENDRICKSON