CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
SEPTEMBER 8, 2005
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in litigation.
á EXISTING LITIGATION
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 litigation.
á ANTICIPATED LITIGATION
707 Dorothea Ave.
á PERSONNEL
1. CALL MEETING TO ORDER
Mayor Douglas called to order the Regular Meeting of the La Habra Heights City Council on September 8, 2005 at 7:39 P.M. in the Multi Purpose Room at 1245 Hacienda Road.
Mayor Douglas commented that they have come out of Closed Session and will continue Item 12 on the ManagerÕs Contract in Closed Session at the end of the meeting and then return for Adjournment. Mayor Douglas asked City Attorney Levin to report any actions taken in Closed Session.
City Attorney Levin noted that the City Council has authorized staff to retain enforcement litigation counsel and to have a complaint drafted concerning the Anticipated Litigation at 707 Dorothea Ave. We are also pulling Item 13, which is a request for a time extension in connection with that. Enough time has passed that it has become clear that the applicant has not complied with the conditions of approval on 707 Dorothea Ave. and the City will be pursuing legal options.
Mayor Douglas explained that Jerry Shipman had asked to speak on Item 13 (the extension), but that has been pulled. He stated that Item 15 is also being pulled (Restructure City Organization).
2. ROLL CALL
Members present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman, Carroll and Klein. Also Present: City Manager Hendrickson, City Attorney Levin, Fire Marshal Ken Hill, Sheriff Deputy Bickel, Sheriff Lieutenant Claus, City Engineer Melicher and Community Development Director Massa-Lavitt.
3. FLAG SALUTE
Jerry Shipman led the flag salute.
Kathy Sauble, Emergency Preparedness Chairperson, reported that the County theme for this month is ÒThe ABCs for School PreparednessÓ which is very timely. They suggest that children have a 3-day supply of food, water and sanitation supplies. Very young children need to be able to tell adults their name and if possible, who is an Emergency Contact person for them. You could keep a card in their backpack with that information.
Ms. Sauble explained that we have learned that it is important to keep 2-weeks supply of non-perishable food and water on hand and additional supplies. It is our responsibility to be prepared to take care of ourselves if necessary. We also need to be familiar with the routes out of the City and there are new maps at City Hall which can be laminated to keep in each personÕs car. She suggested that we might have a policy to always have at least a half tank of gas. Ms. Sauble stated that she would have some other websites on the cable that they can go to for information.
Mayor Douglas stated that this is a good time to recheck all of your supplies.
á Public Works Committee.
Jerry Shipman, Public Works Chairperson, stated that not much has been accomplished this month. The City is way behind in its Public Works schedule. We should have completed the pothole repair and the rest of Zone 3. The bermuda grass in the berms and roads should have been sprayed and the berms that were damaged or that were insufficient need to be taken care of. The drains that are blocked or need repair have to be fixed. If not repaired we will have flooding again. Due to lack of personnel and slowness in getting FEMA funds we have not been able to complete our scheduled work before the rains. The berms are the most important to get done. He asked for City Council support on getting the berms and drains taken care of to protect the roads.
City Manager Hendrickson stated that the City is beginning to get FEMA funds. There are always legal conditions on how a City may proceed on repairs. We should be able to get this going by the latter part of October. These are basically maintenance funds, not major projects.
Mr. Hendrickson asked the City Engineer if he knew what was being done about the drain at Walnut and Hiatt. He stated that they were notified about the problem about six months ago. He stated that he had suggested that they find what the problem is that might be blocking the drain. Mr. Hendrickson asked that City Engineer Melicher follow up on this and report back. He also asked the Engineer to report on the berms. We have been focusing on the storm damage. We have a report on Hacienda.
Jerry Shipman stated that getting the FEMA funds comes first, but it delays all the planned repairs. He stated that they have to get the berms fixed.
Mayor Douglas stated that he agreed fully.
Mr. Shipman noted that they only have four members on the Committee. They should have five plus an alternate. He asked for the Council to help in getting another member for their Committee.
á Garden Harvest Report.
Janice Slattery reported that they reached all of their goals. She stated that for their first year they were very successful. She mentioned the large variety of produce they had. We hope to have even more produce and artists next year. She introduced two of her helpers in setting this up, Leila Langston and Wyona Helliesen. She stated that they hope to have the Garden Harvest again next year.
Mayor Douglas complimented them on their efforts.
á Leila Langston will Announce the La Habra Heights Home Tour by the La Habra Heights Historical Committee.
Leila Langston explained that they are holding the Home Tour on April 23, 2006 and they have picked four historical homes. Ms. Langston noted that they will visit one on Reposado, one on Avocado Crest, one on Via Miguel and one on Harbor. Each house is historically and architecturally significant. The Historical Committee has four goals in presenting these homes; inform the community of the existence of the homes, develop a sense of civic pride and community spirit, preserve and protect our historical heritage, and to give residents an opportunity to appreciate and enjoy these homes. The Committee wants to involve as many Heights groups in the Home Tours as possible. She stated that they will have transportation from The Park to the homes and back. They will begin selling $20 tickets in February. She stated that she is asking the City if there is interest in this being a City sponsored event.
Mayor Douglas asked that the subject be agendized on their next regular meeting for consideration.
Ms. Langston stated that the tour will be Sunday, April 23, 2006 from 1:00 – 5:00 P.M.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Ann Eaton, Hacienda, commented on the trail along the east side of Hacienda Road from the Temple to Avocado Crest and Mr. Hendrickson had said that this trail was a Flood Control issue. She noted that Mr. Martinez of the Flood Maintenance Control, said according to their map this is a trail and is the responsibility of La Habra Heights. She stated that this trail goes on into the hills behind her home and is known as the Puente Hills Landfill. Ms. Eaton stated that she was concerned that some of the Puente Hills Landfill may someday be used as a dump. She also stated that at the same meeting they discussed purchasing a camera system and only one Councilmember suggested waiting and getting more information before buying. She stated that the next day an article in the Whittier Daily News stated Òtraffic calming minimalÓ. She commented that the sheriff is doing a fine job of watching the speeding and we do not need further traffic calming.
Mayor Douglas in answer to Ann Eaton, stated that to his knowledge the trail spoken of is part of the Schabarum Trail, part of the County trail system. Apparently they are not putting much priority into it. He also noted that L.A. County Sanitation District purchased two valleys in the desert to handle the waste stream coming from L.A. Each valley should handle the waste for 100 years.
John Beau spoke concerning the radar signs and the camera and stated we already have two speed signs and questioned the need for more since he thought they were effective and if portable why would there be an installation charge and why would there be maintenance costs?
John Beau commented that in his opinion $118,240 is too much for the Horse AnnouncerÕs Booth. He stated that there must be something in the specifications that is raising the price. He suggested that the City could use some volunteer workers under supervision such as Boy Scouts for merit badges.
Mike Bagwell, Dorothea Road, mentioned that after a year of negotiation we could not come to a satisfactory solution to 707 Dorothea Road. He stated that he is concerned about what the final conclusion will be.
Mayor Douglas commented that the Council is also concerned and the City Attorney will start work on this tomorrow to remediate the problem.
Jerry Shipman commented that this situation is bad and it would have been to everyoneÕs interest to see the wall come down and Cypress Street shored up, especially before the rains. The owner has not cut the weeds. We donÕt want the dirt running into the street.
City Attorney Levin explained that the Council unanimously directed her to proceed with due haste to see that erosion control measures are put in place as quickly as possible. If the property owner is not cooperative we will have to proceed with legal measures.
Jerry Shipman asked if the City is going to do something to keep Cypress Street from failing.
City Attorney Levin stated that she could not give any particulars, but the City doesnÕt want to see damage to Cypress Street.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – August 2005
Councilmember Carroll offered a motion to approve the Warrants for August 2005 in the amount of $686,247.46. The motion was seconded by Councilmember Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – July 31, 2005
The TreasurerÕs Report consisted of:
Petty Cash Operations
Councilmember Klein offered a motion to receive and file the July 31, 2005 TreasurerÕs Report as presented. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City Council of August 11, 2005.
Mayor Pro Tem Millsap noted that on page one under ÒAnticipated LitigationÓ, the statement was made that ÒThe City Council is meeting only to decide whether a closed session is authorized.Ó This does not seem right.
City Attorney Levin stated that the only thing that should be there is ÒOne MatterÓ.
Mayor Douglas offered a motion to approve the August 11, 2005 City Council Minutes as amended. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. IT IS RECOMMENDED THAT ITEM 8.a BE ACTED UPON BY MOTION OF THE CITY COUNCIL UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A COUNCIL MEMBER OR A MEMBER OF THE AUDIENCE.
8.a. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
Councilmember Carroll offered a motion to receive and file the Heights Christian School report. The motion was seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
9. REQUEST TO PURCHASE WITH CLEEP FUNDS A PORTABLE SURVEILLANCE CAMERA SYSTEM AND RADAR SIGN
Sheriff Jim Bickel reported that the City Council had approved $10,000 to buy one Radar sign. He stated that he found there had been a price increase to $14,304. He stated that it possibly had something to do with installation. He stated that he checked with the City of Whittier and found that they bought 16 of these radar signs. They stated that they paid about the same as we are quoted now. They have not had any maintenance issues in the last two years. The unit has a warranty for two years and the face of the unit has a warranty for ten years. Whittier commented that they did surveys at two different schools where the signs are and did notice a reduction in speed.
Mayor Douglas asked what we are able to spend the CLEEP funds for.
City Manager Hendrickson answered that CLEEP funds can only be spent on equipment that relates directly to law enforcement.
Mayor Douglas asked what is the total amount of CLEEP funds available to us. We have already spent some, but we have around $59-$60,000 available. There is no deadline, but we have to report what we spend the funds on. We do have a COPS fund that does have a deadline, which is for officers.
Mayor Douglas explained that the Government lets us have some of the taxes we pay, but we can only use them in certain limited ways.
Councilmember Carroll thanked Deputy Bickel for his hard work serving our City. He stated that he understood that one of the speed sign trailers they already have is being repaired. Has that been done?
Deputy Bickel answered that it is in process. The signboard trailer is being used in the 1400 block of East Road. These units have to be deployed by us. They cannot be left out at night.
Councilmember Carroll stated that he was concerned that once the drivers get used to the new signs being in the same place, they will no longer pay attention to them.
Mayor Pro Tem Millsap explained that the new solar signs were not really portable. The pole could be moved, but the vendor would have to come out and recalibrate the sign.
Councilmember Klein stated that he did not believe the article on traffic calming mentioned by Ann Eaton was referring to these solar signs. We are going to try one sign to see how it goes before we order signs for the other spots the SheriffÕs Department identified.
Councilmember Carroll stated that in certain conditions a car passing in the opposite direction from the way the sign is pointed, as when two cars pass each other going in opposite directions, it would be hard to tell which car speed the sign is reflecting.
Deputy Bickel agreed that it is a possibility, but the purpose of the sign is to bring your attention to how fast you are going. For me, it is only to confirm my visual observation of a vehicle.
Councilmember Carroll commented that schools and neighborhoods love the signs, but Whittier still has not done a study to see how effective the signs are.
Deputy Bickel stated that Mr. Hernandez stated that they did two informal surveys in the vicinity of schools. He did not have any data to back up his claim, but they did notice a reduction in speed.
Councilmember Klein stated that it was not totally scientific, but is a good recommendation. We can put the one sign on Hacienda and if it works out there we can weigh the possibility of getting another.
Councilmember Klein offered a motion to go ahead with the purchase of the one radar sign, but get more information on the camera. The motion was seconded by Mayor Pro Tem Millsap.
After discussion the consensus of the Commission was to gather more information on the camera before deciding on it.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
City Manager Hendrickson asked if they want the camera taken off the agenda or to stay on with the signs.
Councilmember Klein stated that he wouldnÕt mind having it stay on if Lieutenant Ault has more information on the item at the next meeting. He stated that it seems Whittier is going to try a closed circuit camera, so we may be able to get information on that by the next meeting.
City Manager Hendrickson explained that Lieutenant Ault would not be here next week but Lieutenant Claus would be.
Councilmember Klein asked Lieutenant Claus to look into the camera.
10. APPROVE PARTICIPATION IN COUNTY ORTHOGRAPHIC PROJECT
City Manager Hendrickson stated that representatives of the County had intended to be here tonight to give a presentation of the orthographic project, but the County representative, John McIntire, showed up at 8:00 A.M. this morning. He explained that County meetings are during the day, so he assumed that 8:00 meant 8:00 A.M. He did not have anyone that could make the presentation and he had a previous assignment in Denver this evening. He did leave a number of photos that show what the resolution is on this particular system. Mr. Hendrickson stated that we had budgeted $30,000 to upgrade to a high resolution orthographic with oblique photos and also infrared. He commented that he thinks this would benefit us in our ability to evaluate projects, to do a number of code enforcement issues, weed abatement, to analyze our infrastructure and possibly help to analyze the septic tank information we have to provide the State. John McIntire from the County confirmed that the price would be close to $19,000. This would greatly enhance our present GIS system. When Mr. Hendrickson noted that the CouncilÕs next meeting would be October 20, 2005 Mr. McIntire commented that it might be too late. Mr. Hendrickson stated that he did not like to make this sort of decision, but the information we can get from the orthographic service is phenomenal. Mr. Hendrickson stated that he still is recommending that we go ahead with this orthographic service. The County will upgrade the information every two years. We would have to share this cost to upgrade or we could choose not to upgrade. This service would also extend 4-5 miles around our community.
Mayor Douglas stated that the courts have decided that this four-inch resolution is not considered spying. This will also get the contour lines of the land, which we do not have now and parcel borders would be clear. Mayor Douglas commented that he was impressed with what can be done. This will be a big help to Engineers and the Fire Department. This will save the City money in labor time.
Councilmember Carroll asked City Engineer Melicher how he would use this system and if it is worth the money.
City Engineer Melicher explained that in his opinion it would be extremely valuable information for the dollar. He felt the grading information would be very valuable. We could easily verify the figures the applicant is using. We can check elevations. Updates every two years will allow us to gather historical information that will allow us to tell in what direction things are moving. We will be able to compare and see if something has been done without permits.
Councilmember Carroll asked if we know what the costs of the updates are.
City Manager Hendrickson answered that it would be 40% of the $19,000 or around $7,500.
City Engineer Melicher commented that it would have been tremendously valuable on 707 Dorothea especially when we had to accept the contours shown on the original grading plan (the preexisting contours). There was no way to judge this other than to accept what was on the original plan.
Mayor Douglas explained that we are not required to get the upgrades. The County has frequent upgrades because they change rapidly. We do not. He stated that he does not know what the County might require about the upgrades.
Councilmember Carroll noted that we could not use this for brush clearance enforcement because it would depend when the photos were taken.
City Manager Hendrickson stated that we could use it to tell if the parcel was cleared the required 200 feet.
Mayor Douglas stated that this system would make it easier to determine for sure where we are for weed abatement or paramedic service.
Councilmember Carroll commented that this is a much better deal than they proposed a year ago. There is more information for less money.
Mayor Pro Tem Millsap asked if the County is still willing to go with payment installments.
City Manager Hendrickson confirmed this is true.
Mayor Pro Tem Millsap asked what ÒIndividual PurchaseÓ means.
Mr. Hendrickson stated that it allows us to use the system internally so we can use it with our GIS system.
Mayor Pro Tem Millsap noted that some cities do not have that, does that mean that there is an option for that charge?
Mr. Hendrickson stated that he did not know about that.
Mayor Douglas stated that he didnÕt ask about the breakdown, but they did say that since we will be buying this for the City we can use it in any way we like, but we can not re-license it.
Mayor Douglas offered a motion that we approve participation in the County Orthographic Project. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. HORSE ANNOUNCERÕS BOOTH
City Manager Hendrickson reported that at the last Council Meeting the Council requested that staff consult with Southern California Edison to see if there could be any reduction in the bid proposal for the electrical project. We have not received an answer from them although they were called several times. We were also asked to meet with the Highland Riders group to discuss the design and cost.
Mr. Hendrickson noted that he met with the group and Pat Morgan who is associated with the group and is a professional estimator. The Highland Riders explained that they need the second story to properly see over the railing when judging. We discussed the materials, design and costs. They also felt that the design was solid and could be used by the City at times. Mr. Morgan felt that the whole cost was reasonable. We looked at prefab building and none could build the hexagonal shape. Mr. Morgan didnÕt believe that changing the design would actually save much in the end.
Mr. Hendrickson recommended that the Council accept the current bid for a total of $123,362 otherwise we will have to go back and redesign the structure or drop the project.
Councilmember Bergman asked what the cost of the electrical is work is.
Mr. Hendrickson stated that the bid was $19,000. The shutters were listed at $6,500 but we may be able to negotiate that.
Councilmember Klein asked where the funding would be from.
Mr. Hendrickson stated that it would come from the Per Capita 2000 and 2002 grant funds. On the 2000 fund we have $62,000 left and have to spend it by March 2008. On the 2002 fund we have $220,000 and have until March 2011 to spend the money.
Councilmember Klein noted that we have $80,000 that has to be used by June 2006 in one of the grant funds and asked if we could use those funds.
Mr. Hendrickson noted that he would check, however he thought we could use those.
Mayor Pro Tem Millsap stated that Lara Klahejian thought it had to come out of the Per Capita 2002 Resources Bond Act and she said it had $209,000.
Mr. Hendrickson stated that it could come out of there, but Commissioner Klein has a good point on the LA County Regional Park & Open Space District Additional Excess Revenue due to the expiration date. We will have to check for any restrictions on this one.
Mayor Douglas opened the meeting to Public Comment.
Zachary Brown turned his time over to other speakers.
Janet OÕBrien presented a Heights Life article that was written in April 2004 that stated that the AnnouncerÕs Booth would honor John Erickson. It stated that the Senior Management Analyst had found a grant fund that would pay for the whole project. This was l ½ years ago. Ms. OÕBrien stated that the grant money stays the same while the costs continue to rise. She asked that the Council approve the current bid now and move forward with the AnnouncerÕs Booth.
Zachary Brown, commented that John Erickson was a most honorable man and very talented in design. The General Plan is clear that we want to promote and encourage equestrian use in the City. He stated that the Planning Commission has made a great effort to understand the needs of the equestrian residents. The AnnouncerÕs Booth is a very good addition to the City and Park and sends a good message to the equestrian people in La Habra Heights and he asked the Council to please approve the bid.
Mayor Douglas returned the meeting to the Council.
Councilmember Carroll noted that it is a worthwhile project. He stated that he would like to see the AnnouncerÕs Booth constructed.
Councilmember Bergman asked if there was alternate power that could be used, such as a generator.
Councilmember Carroll noted that it looked unlikely, but we are still waiting to see if there might be a grant for the electric.
The City Council discussed whether we might be able to leave that part of the bid out.
Councilmember Klein stated that he thought we had to accept the bid as is, or reject it.
City Attorney Levin stated that you could negotiate a Òchange orderÓ during the process but you canÕt guarantee that it will be in the same amount as the current portion of the bid.
Councilmember Carroll stated that he would rather go ahead with the bid than install a noisy generator to run the electricity. That might detract from the event.
Councilmember Bergman explained that at first he thought it was $25,000 and thought that was too much.
Mayor Douglas mentioned Rule 20A on underground utilities, and asked if run underground they might take off a small amount of the cost.
Mr. Hendrickson stated that he did not think that would happen in this case. He stated that the run distance would probably not be that much different. He added that you cannot use Rule 20A in the Park. A change order might be used.
Councilmember Klein stated that his recommendation would be to go ahead with the bid. He noted that the steel shutters might be made a bid item but not try to do anything to adjust the electrical work.
Councilmember Carroll asked the City Engineer what he thought about Commissioner KleinÕs suggestion on the metal work.
City Engineer Melicher stated that it was bid as one lump sum. He noted that you can execute change orders, up or down, within a limit of 25% of the original price. If you take off the electrical, it is a big chunk of the 25%. The shutters can always be a change order a little later.
Councilmember Carroll asked the City Attorney if she saw any problem with accepting the bid as Councilmember Klein says.
City Attorney Levin explained that a note at the bottom of the bid states that the steel shutters are not included in the bid.
Councilmember Carroll offered a motion to accept the bid as presented including the bond, for a total of $123,362 from Action Contractors, Inc. The motion was seconded by Councilmember Klein.
Councilmember Bergman noted that we still can pursue So. California Edison for a grant.
Mr. Hendrickson stated that it was possible.
City Attorney Levin explained that you would probably have to have an Agenda Item to accept the Grant funds.
Mayor Pro Tem Millsap stated that it concerned her that the amount had gone up so much from what the Council authorized. She stated that she was surprised that Councilmember Carroll approved this item that would only be used four times a year and turned down the radar signs that would be for the benefit of all the residents.
Councilmember Carroll explained that we still have the two portable signs and the new signs are more difficult to install or move.
Mayor Pro Tem Millsap asked if the long-term maintenance has been considered on the Horse AnnouncerÕs Booth. The City would be responsible for the maintenance and she asked about security.
Mr. Hendrickson stated that the maintenance should be fairly minimal and he thought there was a heavy door for the building and the keys will be handled as we do for all of our buildings.
Mayor Douglas stated that he was shocked how the cost of the building kept going up over time. Now we have the full amount covered by a grant. He stated that we should go ahead and use the grant before its time runs out.
Councilmember Klein stated that the AnnouncerÕs Booth might be used more than four times a year and might be used for other things. He stated that it lends prestige to La Habra Heights.
Mayor Pro Tem Millsap noted that Senior Management Analyst Klahejian needs to check the grants again to make sure which one we should use.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Manager Hendrickson commented that he would notify the contractor on Monday.
12. AMENDMENT TO CITY MANAGERÕS CONTRACT
Item 12 was continued to the Closed Session.
Mayor Douglas noted that Staff would track the Grant Funds.
13. COUNCIL GUIDANCE CONCERNING DEVELOPER REQUEST TO AGENDIZE ITEM FOR 707 DOROTHEA
Item 13 was pulled.
14. UPDATE AND REQUEST FOR ADDITIONAL FUNDS – FIRE STATION/CITY HALL PROJECT
Mayor Douglas asked for a break at 9:51 P.M. while City Manager Hendrickson sets up the Power Point for Item 14.
Mayor Douglas returned the meeting at 9:59 P.M. to City Manager Hendrickson.
City Manager Hendrickson stated that this would be a Second Interim Report and a request for additional funds if you agree with the present direction.
He explained that the tasks completed to date are:
á Conclude the Purchase of Property at West & Hacienda Roads
Phase l ESA Completed
Phase 11 ESA Partially Completed
(Further Geotechnical need)
We paid $480,000 with half down and the rest over five years at 2% simple interest. The title has been recorded as of July 26, 2005. We either use it or look for a way to sell it or utilize it otherwise.
á We conducted an initial Study and Biota Report preparatory to an EIR process on the development. We did spend $13,500 of the original money allocated to get this started. There are several reports that have to be done, no significant problems showed up. (CEQA) We have done weed clearance on the property and it is chained shut to keep unauthorized people off the property and stop any illegal dumping.
á Debt Service Evaluation
Mr. Hendrickson stated that there are three or four ways of doing this.
G.O. (General Obligation – 2/3 vote + 1 required)
Allows you to tax property within the City to pay the bond.
C.O.P. (Certificate of Participation – much like a lease/purchase arrangement.)
No vote is taken. Money comes from City Funds.
Assessment or General Tax Bond
(50% +1 vote required; several restrictions) It doesnÕt give much flexibility.
Estimated cost is $80k per year/$1M borrowed/30 year term.
Debt service underwriters have indicated that the City has the financial capacity to comfortably absorb a $3 million 30-year debt based on its current financials.
á Options for Sale of Current Site
Appraisals:
Office or Institutional $1.25-$1.5M
Multi-Family $1.5-$1.75M
Senior Housing Development Option
Assists in meeting State housing mandates
Provides multiple returns above appraisal
Could reduce debt service requirement
This is still in negotiation.
á Associated Costs of Design & Development
Met with several interested, qualified Architect firms
Additional preliminary design and evaluation – the ones returned are between $40-$50K
The EngineerÕs estimates appear reasonable
á Miscellaneous
Utilities available – sewer, water and electricity
This may be a chance to utilize ÒRule 20A programÓ for underground utilities. We should be able to utilize about $1M in trust for this program. The cost of undergrounding utilities is about $300-$400 per lineal foot. You would have to form an underground district and an ordinance to allow this. Mr. Hendrickson stated that he would try to bring the ordinance procedure to the Council on October 20th or at least November.
Mr. Hendrickson commented that to complete the full analysis of possible design and development, along with associated costs, he is asking for the allocation of an additional $50,000. He stated that he would like for someone to join him on reviewing the firms credentials and to make sure the topography agrees with the suggested project and the Òscope of servicesÓ needed.
Mayor Pro Tem Millsap asked if he has chosen a firm to do this.
Mr. Hendrickson stated that he has not. He stated that he has received a number of proposals and has chosen a few of the better ones and asked for them to respond. We need to meet and choose one of those. He commented that he does not have exactitude of design and cost of the building.
Mayor Pro Tem Millsap asked if the $50,000 he is now asking for is in addition to the $100,000 and the $46,000.
Mr. Hendrickson explained that we budgeted $100,000 for this yearÕs budget, and the Council allocated $20,000 to get started. This will not be enough to get you a detailed report. The $46,475 is the total amount we have spent in the last 2 years plus. We have only spent $13,500 in this fiscal year. The $50,000 and the $20,000 already allocated for this budget year will total a $70,000 allocation. This is out of the $100,000 budgeted for this year.
Mr. Hendrickson provided an eleven point Òscope of servicesÓ that he would want any architects to follow.
Mayor Pro Tem Millsap asked if the ÒScope of ServiceÓ you prepared is fairly standard.
Mr. Hendrickson answered that it was standard and every firm knew what was wanted. He explained that he got the list from an architectural firm and added a few additional needs.
Mayor Pro Tem Millsap asked what a Òregulating planÓ is under DELIVERABLES.
Mr. Hendrickson commented that it regulates the manner in which things will be done. He further stated that he asked for the first six items of the ÒScope of ServiceÓ to be within the first 30 days and he is trying to keep on the schedule they set up for accomplishing this. He was not able to bring it back in September because of the need for funds to accomplish it.
Councilmember Carroll commented that he would like to Òreceive and fileÓ this report and think about it for a month.
Councilmember Bergman stated his opinion that the architectural style we want would make a difference in what firm we pick to design the building.
Councilmember Klein explained that he would like to talk to some of these architectural firms before we start to spend money.
Mayor Pro Tem Millsap noted that the Fire Department also has information that we do not have yet that would be helpful.
Mr. Hendrickson stated that what the up front architectural report would be is to confirm size, necessities, certain functionalities that we have done some work on already. They are not going to do detailed work of planning. Whoever we pick will be obligated to work with us on that.
Councilmember Bergman stated that we have not even decided on square footage yet. He stated that he would also like to talk to some of the architects.
Mr. Hendrickson stated that he would like someone to join him in the selection.
Councilmember Klein stated that he would like the whole Council involved in that with possibly three different firms and have them give a presentation including who they are, what have they done, fee structure and various things so we can ask questions.
The Council discussed whether this should be a public meeting or not.
Councilmember Klein stated that he did not want public comment at that time, but just interviews to educate the Council and they would not make a decision at that time. It would be open to the public to listen.
City Attorney Levin explained that they could conduct interviews or presentations by Staff on individual firms. She stated that they would have to allow public comment before the presentations. Ms. Levin stated that before it is Agendized we would need to know if it will be simply presentations or you intend to make a decision.
Councilmember Klein noted that he did not want to make a decision but just become educated.
Mr. Hendrickson suggested that since the next Regular City Council meeting has been Agendized for October 20, 2005, that you have a Special Meeting for the education and then make a decision on the Regular Meeting on October 20, 2005. He commented that he would still like to keep as near as possible to the schedule they made originally.
Councilmember Carroll stated that he did not want to rush the decision.
Mr. Hendrickson stated that they do not have to.
Mayor Pro Tem Millsap commented that they could not choose the Special Meeting tonight as not everyone would have their schedules with them.
Councilmember Carroll asked if the Special Meeting had to be before the Regular Meeting on October 20, 2005. He stated that he did not see the necessity of that.
Councilmember Klein commented that he would like to have the architect that we previously worked with out of San Diego included in the meeting.
Mr. Hendrickson stated that the Architect was Mr. Nickeloff. He stated that there are five or six that he would like the Council to interview.
Councilmember Klein stated that in his opinion that was too many. He noted that he would like to have Mr. Nickeloff and then have Mr. Hendrickson pick two or three more that he had talked to that have done projects of this size.
Mr. Hendrickson stated that he would like two of the Council to help him pick the firms for presentations. He commented that if he sent out a list of those to choose from to all of the Council it would violate the Brown Act.
Mayor Douglas stated that they will Òreceive and fileÓ this report and wait to listen to some of the architects at a meeting to be designated for a later date.
15. REPORT AND DISCUSSION OF POSSIBLE REVISIONS TO CITY ORGANIZATION
This item was pulled.
16. CITY MANAGERÕS REPORT
City Manager Hendrickson introduced Lieutenant Mike Claus from the SheriffÕs Department. Mr. Hendrickson explained that he is here for Lieutenant Ault who will soon be leaving us. Lieutenant Claus will be assigned to La Habra Heights. The formal switch will be at the October 20, 2005 Meeting.
Mr. Hendrickson noted that the work on the wildlife underpass will start on September 22, 2005. They expect to finish by January 10, 2006. Harbor will be narrowed down to two lanes while they are working. They are starting from the East to the West. That will last for about 3½ months. On the Hacienda work we will be reimbursed for 80%, but we have to wait for approval before starting or we will have to pay 100% of the cost. This approval would come from the Federal Highway Administration and will come during the time the underpass on Harbor is being worked on. We will have Hacienda Road closed for 5-7 days at the same time. We will not have designated detours through town. We have asked the Engineer to give us two weeks for notifications.
Mr. Hendrickson noted that the Senior Management Analyst asked him to remind everyone that on September 17, 2005 the Garage Sale will be held at The Park from 8:00 A.M. to l:00 P.M. Setup will be from 6:30 A.M. to 7:30 A.M. On October 15, 2005 there will be the Second Annual Car Show. There will be no Holiday Boutique this year as the new Parks and Recreation Commission started late as Commissioners. The Car Show will be held from 10:00 A.M. to 1:00 P.M. Our goal is to have 70-100 cars. There will be a $20 entry fee.
Mayor Douglas asked for an intermission at 10:46 P.M.
Mayor Douglas returned the meeting to the City Council at 10:57 P.M.
17. CITY ATTORNEYÕS REPORT
City Attorney Levin provided an update on the new Housing Legislation. The basic process under the new Housing Legislation is that State law has now codified the determination of the regional housing needs assessment that would apply to local City shares of that regional housing needs assessment. Beginning this year, penalties for not complying with this are very stringent. If it is not complied with they will set the number without any negotiation. The penalty will be a higher density requirement. The CityÕs deadline for updating the housing element has been pushed back from June 30, 2006 to July 1, 2008. This gives us an opportunity to participate in the negotiations to try and make a case for the limited infrastructure and other constraints that limit the amount of housing we can provide to develop a strategy for providing housing that is required as our local share. Most of that negotiation and advocacy will happen with the Regional COG and the Gateway COG. The Gateway COG will have to be reaffirmed but will probably not be changed. There is a process that we can get a Òdraft allocationÓ about 18 months before our housing element is due, and then we can raise objections and contest that Òdraft allocationÓ. We do recommend that the City advocate itÕs position and try to influence the Regional Housing Needs Assessment that is allocated to the City well in advance of the deadline.
Mayor Douglas asked if we are able to start that now and who is in a position to do that?
Councilmember Carroll stated that the local COGs at a Housing Summit in December were told that the Governor has a new formula for distributing housing.
Mayor Douglas asked how we do advocacy.
City Attorney Levin stated that at this point you wouldnÕt be taking part in advocacy, but would be preparing for it. You would gather the data, identify the constraints, what the opportunities are and work with a consultant who does Housing Element preparations and deals with these issues day in and day out and help identify what the concerns are.
Mayor Douglas noted that this will require a lot of work.
City Manager Hendrickson explained that this is why he was concerned about AB2348 which speaks of identifying by parcel number what you can use for housing. Our representative to COG is Councilmember Carroll who is the Gateway COGÕs representative to SKAG. SKAG is the Regional Council of Governments. This puts us in a good position to help persuade and guide our case through that process.
Mayor Douglas asked if this is a case of many sub regions trying to dump the requirements from the State and it will be who can make the best deal. Will Councilmember Carroll have to compete with a lot of other people for that dispensation?
Councilmember Carroll answered that no City is happy about the State telling them what to do so they will all want to get the best deal they can.
Mr. Hendrickson explained that with the changes of laws, the State is getting away from the idea that one City can handle a complete Region allocation. We want to make a logical case for the smallest number possible.
Councilmember Carroll explained that the State does not recognize Òaffordable housingÓ as being a part of a CityÕs requirement because the State wants the City to provide for required housing so people would have ownership.
Mr. Hendrickson stated that if the particular housing arrangement is specified for such as ÒSeniorsÓ it might qualify. He stated that it is not a bad fit for us as we are an aging community. He commented that he is recommending we go in that direction.
City Attorney Levin explained that we expect to see the deadlines extended again, but we also expect to see the negotiation process start fairly soon. We need to start gathering information so we can plan.
Mayor Douglas stated that two years can go by quickly. He stated that his concern is that we are ill prepared and wonÕt be ready. We need to be ready and know when we need to have certain information ready.
Mr. Hendrickson noted that as it is now our number is 203 units.
Councilmember Carroll explained that these have to be new housing. He noted that it is something we need to look into.
Mayor Douglas asked City Attorney Levin to look into this.
City Attorney Levin commented that it would be much more efficient to have a housing consultant who has done this many times.
Mayor Douglas noted that this would be good and not to be waiting until the last minute.
18. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
City Manager Hendrickson commented that he counted 110 road clearance citations for August alone, mainly east of Hacienda.
Councilmember Carroll asked for an explanation of the two properties on Encanada and the one on West Road in Ms. Massa-LavittÕs Memo.
Mr. Hendrickson explained that the white drainage pipes will have to be placed underground.
19. CITY ENGINEERÕS REPORT
The City Engineer stated that he had no report.
Mayor Douglas commented that Councilmember Carroll and he have been concerned about the flood zone on Walnut by Hiatt.
Councilmember Carroll stated that it has eroded twice.
Mayor Douglas asked if they are going to do something with that before winter.
City Engineer Melicher explained that he has no information at present and he will look into it tomorrow morning.
Mayor Douglas stated that now that they have got the approval from FEMA we need to go on with the maintenance on the roads that need it.
Mr. Hendrickson commented that they now can go out to bid on the regular maintenance items.
Mayor Douglas asked if there is a policy on placing reflective safety paddles on fences or dangerous corners? One spot is at Walnut and Hiatt. Do we want more of these?
City Engineer Melicher stated he would see if there is a policy in place.
Mayor Douglas asked the City Engineer if there are any issues with the Hacienda Golf Club.
City Engineer Melicher stated that he had been told that there are no issues now.
Councilmember Klein stated that he should look into a patch in the intersection of Hacienda and Skyline as you go north. It is a poor patch job.
Mayor Douglas asked if anyone knows what is causing the oil seepage on Reposado near Hacienda.
City Engineer Melicher asked if this is the one he has known about for around six weeks or is it a new one.
City Manager Hendrickson commented that he thinks it is the same one that we have had trouble with for around two years.
Mayor Pro Tem Millsap noted that she thinks the first one was in front of 110 Reposado and it is her belief that it is connected to the current one in front of 135 Reposado where they are building a new house. There is a hole in the ground and the berm is being endangered due to people going around the hole. We might even find another spot if we go further. It has a sheen to it which seems to indicate an oil leak of some kind.
City Manager Hendrickson explained that he has talked to the PXP people and they state that they are unable to identify any loss.
Mayor Douglas stated that they must have ways of identifying their oil.
Councilmember Carroll noted a spot on Avocado Crest near Citrus where the pavement is torn up on the north side of the pavement.
Mayor Douglas noted that there was a big pothole there. Mayor Douglas also stated that many drains need to be cleared out before winter.
City Manager Hendrickson stated that they are normally cleaned out in October.
20. FIRE CHIEFÕS REPORT
Fire Marshal Hill, representing Fire Chief Nielsen, noted that they will be starting a new Academy on October 29, 2005. We have finished the written test and 18 cadets will be going through the Academy.
Fire Marshal Hill commented that we responded to 27 calls in August. There were 5 Basic Life Support, 2 Advanced Life Support and 1 Expired on our arrival. We also had 4 Public Assists, 3 Wires Down, 1 Traffic Accident (with small fire), 1 Vehicle Versus Fire Hydrant, 4 Fire Alarms, 4 Trees Blocking Road and 2 Small Fires.
Mayor Douglas asked if he was happy with the way the weed abatement is progressing.
Fire Marshal Hill answered that he was. We are always working to improve how we handle things.
Fire Marshal Hill explained that the dorm has been treated for the termite problem.
21. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Claus stated that he should be replacing Lieutenant Ault at the next meeting. He explained that he has been at the Industry SheriffÕs station for 2-1/2 years and 25 years on the Department.
Councilmember Carroll commented that they had arranged with Lieutenant Ault that she would break up the numbers on the report by region. Councilmember Carroll asked if Lieutenant Claus would do this.
Lieutenant Claus stated that he would.
22. COMMISSION/COMMITTEE REPORTS
There was no report.
Councilmember Carroll reported that at the Gateway COG meeting last night, they elected a Councilmember from Whittier to be the MTA representative. Contract Cities and Independent Cities are asking our Councilmembers to attend the Supervisors Meeting Tuesday to show support for the position taken by both Contract Cities and Independent Cities in opposing the Administrative OfficerÕs recommendation to substantially increase Sheriff fees. The cities agree to the 5% increase, but oppose an additional 3.8% increase over the 5%. This was ordered by Molina. There is a Phase ll that would add another increase the next year. The only Supervisor that has so far supported these cities is our Supervisor, Don Knabe. The cities are hoping if enough Councilmembers appear it will influence the Board of Supervisors. He stated that he understands that the Sheriffs Department is in agreement with the cities. The meeting is this coming Tuesday at 9:30 A.M.
City Manager Hendrickson stated that he would probably attend that meeting.
Councilmember Carroll explained that there has been a bill passed, AB11, and is on the GovernorÕs desk. It will not affect our City, but will affect several. It will cap at $150, the amount of money Councilmembers can pay themselves for sitting on Council Commissions or Redevelopment Agencies. He stated that both the League and Contract Cites are neutral because the members could not agree to back the bill.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Mayor Douglas adjourned the meeting to the Closed Session at 11:37 P.M. and stated that they will return for the Adjournment.
Mayor Douglas returned from Closed Session at 12:26 A.M.
Mayor Douglas commented that there were no reportable actions taken.
Mayor Douglas adjourned the City Council Meeting at 12:27 A.M. to Special City Council date of October 20, 2005.
ATTEST:
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CITY CLERK, JAMES RUTH