CITY OF LA HABRA HEIGHTS
MINUTES OF A SPECIAL MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
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
(G.C. 54956.99(a))
The City Council/Agency finds, based on advice from legal counsel, that discussion in upon session will prejudice the position of the local agency in litigation.
á INITIATION OF LITIGATION
(G.C. 54956.9 (c))
(G.C.54956.8)
á Property: 1350 North Hacienda Road, La Habra Heights, CA 90631
Agency Negotiator: John Hendrickson
Negotiating Parties: City of La Habra Heights and County of Los Angeles
Under Negotiation: Price and Terms of Payment
PERSONNEL
á PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(G.C. 54957)
Title: All City Personnel
1. CALL MEETING TO ORDER
Mayor Douglas called to order the Special Meeting of the La Habra Heights City Council on October 20, 2005 at 7:42 p.m. in the Community Center, 1245 Hacienda Road, La Habra Heights, California. Mayor Douglas stated that they just returned from Closed Session and asked if the City Attorney has anything to report.
City Attorney Levin stated that no reportable action was taken.
2. ROLL CALL
Members present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman, Carroll and Klein. Also Present: City Attorney Levin, Interim City Manager Ruth, Planning Technician Barbara Doppieri, Sheriff Lt. Alicia Ault and Captain Smith
3. FLAG SALUTE
Julia Higgs led the flag salute.
á Senator Bob Margett to provide a report on the End of Session Update
Senator Bob Margett stated that La Habra Heights is very conservatively run and he appreciated that. He stated that for last years Budget the State funded 1.3 billion dollars for Transportation. This is a continuing need. The Budget also allocated $1.2 billion for full repayment of the Vehicle License Fee. Cops money was $100,000,000. We did not use any of the $1.6 billion Economic Recovery Bond. The State looks like it will be down about $7 billion this next year and I donÕt know what the GovernorÕs program is. We will have an increase in revenues but we will have the $7 billion shortfall.
The next item is Eminent Domain. He stated that it was a good decision as far as he was concerned. Senator Margett noted that in California we have not greatly abused Eminent Domain in our Redevelopment Agencies. The Supreme Court Decision set the criteria for Eminent Domain. What Senator McClintock wants is that Eminent Domain is all right for a school, a bridge or public use, but you canÕt take private property and give it for private use for someone to make money on. WeÕll have another hearing on this next year. Assembly Bill 1234 will require ethics training for you. It also sets limits on local officialsÕ compensation and expenses. It will become law as of January 1, 2006.
Senator Margett noted that this last year he had a bill that enhanced the penalties for Police pursuits and Senator Romero had one about new protocols for an officer to go into police pursuits and necessary periodic training. Officers must have the SupervisorÕs approval to go on a pursuit. Each adjoining community will have the same protocols. In the Bill there is recovery money for victims restitution.
Senator Margett noted that they had a meeting this morning at the Air Quality Management District in Diamond Bar. There was much important information on needs in case of a large catastrophe. He stated that his Staff is going to put together the kind of information we heard there. This might be helpful when you put together your own emergency plan. You need to include how to manage donations that might come in. Even management of body recovery. He stated that we have some good plans in place and we need to make sure the local governments are well prepared and work into the State plans.
Mayor Douglas stated that we are very concerned about Emergency Preparedness.
á Mayor Douglas stated that he would skip the presentation by Garden Harvest as they did not need to make a presentation tonight.
á Presentation to departing Lt. Alicia Ault
The City read the commendation they presented to Lt. Alicia Ault mentioning their appreciation for her service and dedication to the Community for almost five years. The City Council thanked her and presented her with flowers.
Sheriff Captain Smith noted her concern in her position for the City of La Habra Heights. She was very dedicated. He stated that she is being positioned for a promotion to Captain and will probably be moved to an executive aid downtown with the Sheriff. He noted that her replacement, Michael Claus, has been on the Sheriffs Department for 21 years. For two and one half years he has been a Watch Commander at Industry Station. He is a well-qualified gentleman and a Whittier resident.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness
Kathy Sauble, Emergency Preparedness Chairperson, noted that the theme for this month is ŌStop, Think, Look and ActĶ. This is related to unexpected events and would cover terrorism. City Hall will have copies for you. There are also copies at the back of the room. Ms. Sauble stated that she has a form for residents to fill out for information on those who would need special help in case of an emergency. It would have on it information about special conditions, needs or medication. This form would be kept locked up in the Fire Department. It should go to the Fire Chief because he has such a file and the Fire Department would be the first responders. Ms. Sauble noted that there are a lot of castor bean plants here and when getting rid of them you must wear protective clothing and gloves. The plant is very irritating and it has a white milky substance that can cause blindness. City Hall has copies of the 72-hour preparedness lists.
Mayor Douglas commented that he received a Farm magazine that had an article on evacuation of large animals during emergencies. He stated that he would give it to Ms. Sauble.
á Public Works Committee
Jerry Shipman, Public Works Committee Chairman, noted that our roads are not in bad shape, but are in danger of becoming in bad shape. We have the City on a 5-year maintenance cycle and the roads are in better shape than they have been in years. We are divided into five zones and we try to do maintenance on one zone each year plus any other needs that come up, such as potholes. He stated that if the City does not get last winters storm damage repaired we are going to have a big problem. If we have another bad winter we are apt to lose substantial shoulders along the road and residents property if things have not been repaired properly. The Federal funding has been secured but it took all summer to get this funding and that had to be concentrated on, leaving some of the maintenance not done. Then we had to get bids for the work and the bids are not satisfactory. He stated that we have to get some maintenance done. It is essential. We also have to get the drain at Walnut and Hiatt repaired. Item 14 is on the Public Works problems and you can ask questions. The Public Works Department needs more than one person one day per week. He also stated that we still need two more people for the Public Works Committee.
Mayor Douglas stated that later in the meeting we will get information on the FEMA repair work we were trying to get approval for.
Mayor Douglas commented that we have several cards on the same topic and we would like to give a response to that.
Mike Bagwell, Dorothea Road, spoke that he would like to see the momentum keep going on 707 Dorothea and bring it to a closure. He noted that the Community Development Director was supposed to have something on 707 Dorothea and he would like to hear about that even though she had to leave early.
Mayor Douglas noted that they could probably have an update at the end of the Public Comments.
Stephen Blagden, Citron Road, stated that the possibility of using the City Hall property for low income or higher density housing, might be worth considering, but if this is just temporary appeasement of a never satisfied bureaucracy then it would be better to use City funds to preserve our rural environment and low density. Mr. Blagden spoke of the continuing problem of the City website. He noted that the cost considered to make it work well is $10,000 and his opinion is that the money could be put to better use. Possibly volunteers could set it up at no cost or low cost. Staff should be training to update information on the website. Mr. Blagden suggested what could be on the website. He noted that we should be following the Alquist-Priolo earthquake and slide information. This is a safety issue. This would also be following the General Plan. Mr. Blagden stated that as far as 707 Dorothea, we should end the games, tear down the wall and restore the site to its original contours.
Shelly Susanka, Subtropic Drive, commented that we now have a halfway house for drug abuse and mentally disturbed children on Las Palomas Drive. The home is called The Center for Discovery and it houses teenage girls who have had alcohol and/or substance abuse of some sort as well as possibly eating disorders. She provided paperwork to the Council on this. She stated that she believes this is a possible danger to children and elderly residents of La Habra Heights. Who is watching these girls? One has gotten out and went to a nearby home. Ms. Susanka commented that Planning Technician, Barbara Doppieri, has answered some of her questions, but there are still many unanswered questions. She noted that she has not been able to find a license number for the home. She stated that she was told they did not have to get a license from the City because there are six or under occupants. Do they need a business license? They take the girls out walking the neighborhood and the police have been called out four or five times. She stated that there are several small children in the area and she thinks the City should do something about it.
Mathew Susanka, Subtropic Drive, noted that these homes fall under State Legislature because so many local communities were objecting to them and the State has legislated that these homes can be set up in the communities. He asked the Council to investigate that there is a proper license and who it is under, what the regulations are and if they are being followed properly. We would like it if you got a monthly report from the Sheriff as to what is happening there so we can bring it to the attention of the residents and the licensing agency.
Dr. Carole Macaulay, Los Palomas, commented that she is a Pediatrician and is well versed in the problems of drug and alcohol in teenagers. she stated that she has four small children. She was told that three police calls were for runaways and one was a smashed window. She stated that the relapse rate is very high. They are excellent manipulators and will do anything to get what they need. They are thieves and they are being walked around the neighborhood and can case the area on these walks. They can come back after they go home. It is a threat to the security of La Habra Heights and our children. She stated that there are many questions as to why the City allows this threat. It also threatens the property values. Can we get it out?
Tanya Tomosoff noted that one of the girls approached her 15-year-old daughter. She was asked to help them get what they need. My daughter was smart enough to just leave and come tell me. She stated that in her opinion the City did know about the halfway house. She asked that the Council tell her what state code this is running under, who the Chief Probation Officer is in charge of this facility, how many adults are on the premises at all times, how many doctors are governing their counseling and how often the State is coming out here to check on this facility to see that it is being run properly. Is there a law that states we have to have this in our City? Do they pay you for this and why were we not notified?
Norm Zezula, also asked why the neighbors were not notified. If those who operate the facility are negligent, can the City abate the home as a public nuisance if it gets bad enough? Mr. Zezula stated that in his opinion a poorly supervised drug rehabilitation home is much more of a problem than a person who has trash and junk in their yard that has to be abated.
Mayor Douglas asked the City Attorney to answer some of the questions that have been brought up. It is rather strange as it is not a City function, we donÕt get notified or give permits. Also answer if there are constraints due to lack of infrastructure or are there procedures for abatement of the problems.
City Attorney Levin noted that the State Legislature has said that cities may not treat these types of facilities, housing six or fewer persons, any differently from any single residence. We cannot require a permit, we canÕt refuse to allow them and we canÕt limit where they are located. We must treat them just like any other residence. She noted that the six residents do not include the staff members. The Act is called the Community Care Facilities Act. It is Health and Safety Code section 1500. We called and found that this particular facility is licensed. Ms. Levin stated that there is a whole range of inappropriate conduct that could occur that should be reported to the licensing agency and when they review the license they will take that into consideration. She stated that the licensing agency is through the State Department of Social Services. The Division is the Community Care Licensing Division. The Deputy Director is Jo Frederick at 916-657-2346. They do have to abide by our public nuisance laws, both state and local. They canÕt engage in any other types of businesses. You could form a Neighborhood Watch group and make sure all the residents in that area know whatÕs going on and report any criminal or potential criminal activity that you see.
Councilmember Carroll noted that the City and individuals could write letters to the State noting the concerns they have.
City Attorney Levin stated that we could assist in collecting the complaints and concerns and forward them to the State.
Mayor Douglas commented that Planning Technician Barbara Doppieri would be the one to compile the problems that occur. The only way that you can build up grounds against the home is to keep a record of problems and report it to Barbara. She is very good at keeping track of things.
Councilmember Carroll commented that this is an example of the State usurping control over the Cities. This might be worth contacting Senator Margett about.
Dr. Macaulay commented that this situation arose in La Mirada and there were many questions that the City Council could not answer and they petitioned the owner to answer questions. We still have questions that you canÕt answer. Can we do something like that? They could take the residents to an agricultural area where they canÕt hurt anyone and they are safe also.
City Attorney Levin noted that we can get many of the answers wanted from the State. We can ask the owner first and if he is not cooperative we can ask the State.
Councilmember Carroll asked if it wouldnÕt be a good idea to get the owner here and let him hear the neighbors complaints.
City Attorney Levin answered that it would be a good idea.
Mayor Douglas commented that there was a facility in La Habra that had more than the allowed six, so they do sometimes get out of control.
Planning Technician Doppieri explained that Deputy Bickel was out to the facility and came back and spoke to Staff and told them that they have five beds which are not all filled. They have 24-hour care. There have been four calls to the Sheriff, one runaway. They do provide 24-hour care. There is somebody there at all times to watch the children and the facility is locked down at night.
Some of the public were speaking from the audience.
City Attorney Levin asked that they speak at the microphone so there is a record of this if it is ever needed.
Mayor Douglas explained that the Council is not able to go very far in discussing an issue that isnÕt on the Agenda, but taking the information and getting it on the record and setting up between Sandra Levin and Barbara Doppieri is what we are trying to do.
Tanya Tomasoff commented that there are six girls so the beds are filled. She noted that she sees them walking every day. She noted that she would be watching how many are there. She stated that the people paid $1.4 million for this house. She noted that this is a waste of taxpayer money. They could have gone to some less expensive City. She asked if they are free to call on the Attorney for any law questions on this.
Ms. Levin explained that she takes her direction from the City Manager and the Council, so we would need to establish a procedure. This is important enough to set up some sort of protocol so that you can call me direct or the questions get to me and we get answers.
Ms. Tomasoff noted that she was perfectly willing to give her name and telephone number so she can take down complaints and concerns and organize them.
Mayor Douglas explained that it is easy to get the information and questions to Barbara Doppieri and she can give it to the City Attorney.
Roy Cummings, Canonita Drive, advised his neighbors that the Sheriffs Department provides instruction on how to set up a Neighborhood Watch and they are very willing to come out and help set one up. Contact is Kenny Leyman at the Sheriffs Department. He noted that there are some road closures coming up for road repair on Hacienda Road and he encouraged all residents to find alternate routes in and out of the city from their homes.
Shelly Susanka, noted that her informant stated that there had been three runaways not one as Ms. Doppieri was told. We need to know that everything is being documented and that the girls are being watched. She stated that she feels they are trying to hide something because the purchase was done so quietly.
Norm Zezula, told the Council that they should keep in mind that people do try to do what they are not supposed to so the City should keep a close watch on them and inspect the property if possible.
City Attorney Levin explained that she conferred with the City Manager and we suggest that the residents form a Neighborhood Watch and designate a representative who can be a liaison with the group and bring the questions, complaints and concerns to Ms. Doppieri and if it needs legal advice she will refer you to me. We will try to get the owner out here for information. She noted that you should keep a consistent written log with dates and times on what you have observed. The number of occupants should be the most helpful to us.
Nancy Acocks, Dorothea Road, spoke on Item 10 and asked if the Council is going to be giving specific details on how the Fire Station/City Hall project is going to be paid for. This has the potential of being one of the largest expenditures in our CityÕs history. We have already spent thousands of dollars on the project and the hiring of an architectural firm is going to cost many more thousands of dollars. If residents are going to be billed for this in any way, we should have a voice in whether this is a necessary project. This started out as a project to improve the living quarters for the Fire Department and it has grown tremendously.
Norm Zezula stated that he also wants the residents to be able to vote on whether they want a new City Hall. We have had a large petition signed by people asking for a vote on this. He noted that those interested in signing the petition can call Ed Borrowe at 562-697-0048. Mr. Zezula also noted that the information on the proposed low-cost, high-density housing that is being used to partly justify the City Hall project is being given out to us in small pieces. He stated that he doesnÕt know what we are required to do to provide the land. How many units are you required to build? If we have to have 250, is the present City Hall/Fire station area large enough or are you considering taking part of the school for more space. Maybe we need a Town Hall Meeting on the low-cost, high-density issue.
Mayor Douglas stated to Norm that he did not see anything sneaking through as we have been considering this for nearly three years and have not made much progress. He answered Jerry Shipman that Engineer Melicher noted that you may be able to address in your report the status of the Walnut/Hiatt drain. He noted to Mr. Bagwell that he thought Sandra was going to give us an update on 707 Dorothea, and he noted to Mr. Blagden, that on the website, Item 15 has been pulled from the Agenda for tonight. Item 16 has also been pulled from tonightÕs Agenda.
4. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Ms. Massa-Lavitt is absent tonight.
Mayor Douglas asked Planning Technician Doppieri if she had anything to report.
Ms. Doppieri noted that she would answer any questions.
There were no questions for Ms. Doppieri from the Council.
City Attorney Levin gave a status report on 707 Dorothea Road. Ms. Levin commented that the property has been sold to Dean Smith who is working with the City to remediate the site because of the illegal grading that was done and the illegal construction of the wall. He will present his own development application for the construction of a single family residence on the site. Per the instruction of the Council, we are diligently working to try to resolve the illegal condition on the site and we are hoping to do this without litigation. The new owner is much more cooperative and more inclined to want to remediate the site quickly. They have partially assembled a team for remediating the site. We have met with the neighbors a couple of times and anticipate meeting with them several more times as this process continues to make sure their concerns are met. The new owners seem willing to work with the neighbors as well. They are hiring a soils Engineer for a new soils report. They are working on putting together a timeline for the project. The CityÕs position is that at this time the site must be remediated. We are not waiting for a new development project at this time.
Mayor Douglas explained that the neighbors have been instrumental in trying to protect their interests against mud floods and the problems that occurred before. It was the decision of the neighbor group to defer any major construction activity on the site until after the rainy season. Then, the intent is to finish all of the work before the next rainy season.
Ms. Levin commented that it was the request of the neighbors that we would not rush through the removal and try to get that accomplished before the rainy season of this year. It was the CityÕs decision that we would not try to push that.
Planning Technician Doppieri noted that in the Community Development Report, there is a report on 1170 and 1180 Encanada and 357 West Road. This is a drainage issue between them and they are working out a solution.
Mayor Pro Tem Millsap noted that the Council did not see how 357 West Road tied into that.
Ms. Doppieri explained that the drainage comes all the way from the top where Encanada and Subtropic meet, down to the 357 West Road address.
5. FIRE CHIEFÕS REPORT
Fire Chief Nielsen asked if there were any questions on his report.
Mayor Douglas asked if he would elaborate on the Strike Teams.
Chief Nielsen explained that two engines and 7 staff members had gone out on strike team and were assigned to the Topanga Fire. We have been very active with strike team invitations. They have found out that due to the layout of our own City we are good at what we are doing.
Mayor Douglas noted that another Academy Class graduated 10 students. How many were in the class?
Chief Nielsen explained that 179 had started with the entry level test. We are holding very high standards.
Mayor Douglas commented that these high standards are just what we need.
Chief Nielsen added that on October 22, some of our group of CERT members will participate in a combined CERT training class in Cerritos put on by LA County Fire Department CERT training group in cooperation with Downey, La Habra Heights and Cerritos. We will have a new CERT class (Community Emergency Response Team). The class will be in November on Saturdays the 12th and 19th. Anyone interested contact myself or Kathy Sauble.
6. APPROVAL OF WARRANTS – September 2005
Mayor Douglas noted that the report is from Freddie Vernon Vega. He asked where the Vega comes from.
Ms. Doppieri explained that this is his true last name, he just didnÕt use it before.
Councilmember Carroll offered a motion to approve the Warrants for September 2005 in the amount of $296,116.80. The motion was seconded by Councilmember Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. TREASURERÕS REPORT – August 31, 2005
The TreasurerÕs Report consisted of:
LAIF CityÕs Investment Account
Bank of New York Cash with Fiscal Agent
Bank of America Business Checking Account
Petty Cash Disaster/Emergency Fund
Petty Cash Operations
Councilmember Klein offered a motion to receive and file the August 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
8. APPROVAL OF MINUTES Minutes of a Regular Meeting of the City Council of September 8, 2005
Mayor Douglas offered a motion to approve the September 8, 2005 City Council Minutes as presented. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
9. It is recommended that Item 9.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.
9.a HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
October 2005 Status Report.
Councilmember Carroll offered a motion to receive and file the report. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
10. DISCUSSION OF PROCESS FOR SELECTION OF ARCHITECT FOR FIRE STATION/CITY HALL PROJECT
Project Manager John Hendrickson reported that at the City Council Meeting of September 8, 2005, the second Interim Report was given concerning the new Fire Station/City Hall development. The City Council requested that the City staff continue refining its findings and to evaluate and recommend the top 3-4 architectural firms that had submitted their qualifications and interest in the project for interviews and possible selection.
Mr. Hendrickson noted that there were six firms that replied with proposals. We sent out a Scope of Services to provide us with essentially a better look, some options, conceptual plans that we have ready to revue, details of what we want and an update on what the cost might be. Mr. Hendrickson stated that we need some solid answers to decide whether we want to go forward to build or not to build. We hope that this next step will allow you to make that decision.
Mr. Hendrickson stated that he picked four Architectural firms out of the six and they are the following:
Nicoloff and Associates – Specializes in Fire Stations
RRM and Associates – Geared to Fire Stations, City Halls, and Public Facilities
Moule and Polyzoides – Experienced in Fire Stations, and Public Facilities. Known for sustainable design
Gonzolez/Goodall – experienced in local Government Facilities. Good Capabilities and experience
It will cost between $45,000 and $50,000 for this next step. It will not be detailed drawings or final work. He stated that he was recommending that you hold a Special Council Meeting on November 3, 2005 to interview prospective firms and confirm the selection at the Regular Council Meeting on November 10, 2005. You could also appoint a Committee of two Council Members and others to interview the firms and they provide the recommendations at a future Council Meeting. This is your choice.
Councilmember Carroll stated that all Councilmembers might want to take part in the selection.
Mayor Douglas noted that he would like to see all of the presentations. He asked how long the presentations would be.
Mr. Hendrickson explained that the presentations would be 30 to 45 minutes. He stated that he would provide some questions you might ask, of course you can ask anything you would like. IÕll also provide all of the detailed information in time for you to review it. If this is with the whole Council it would be a Special Meeting and would be available for anyone to attend and observe.
Mayor Douglas stated that there is Community interest in the subject.
Councilmember Carroll explained that he would like to see a presentation from all six firms.
Councilmember Bergman asked if there was any obvious reason that two firms were eliminated.
Mr. Hendrickson stated that he looked at the type of projects they have done, whether they could keep up with the project or might have problems that might keep them from it, good experience, and since we are a unique Community they could handle it. I also wanted to be sure they could work with our tight budget. They all had their strengths, but I had to make choices.
Councilmember Carroll asked for clarification that there is no charge for these presentations.
Mr. Hendrickson noted that there is no charge for the presentations. He noted that in order to get a better idea of what the costs will be we need a preliminary look at this.
Mayor Douglas stated that he would like to see this go somewhere, as it has already been almost three years. He would rather see three interviewed rather than six or more. If we are trying to have a public meeting with this it would end up long enough with just three firms.
Councilmember Carroll stated that it could be treated like a study session and make it into two meetings.
Mayor Pro Tem Millsap suggested that Councilmembers Klein and Carroll interview the six firms and then we will all have a public meeting for the three picked.
Councilmember Klein stated that it would be good to do that. He would like to read all of the proposals from the six before the interviews. He stated that he has another firm he would like to interview. Mr. Klein asked if Mr. Hendrickson had talked to Wolfe.
Mr. Hendrickson stated that he had not. He noted that when he read about him he had already gone through this process with all of the others.
Councilmember Bergman stated that he wanted to be in on the final decision.
Councilmember Klein stated that he also wants to be sure they stick to the budget they are told.
The consensus of the Council was that Councilmembers Klein and Carroll would narrow down the six firms to three and then the whole Council would pick the final one.
Councilmember Klein explained that he and Councilmember Carroll would get together with Mr. Hendrickson and work out a date for this. He also stated that he would like that one more contact made.
11. APPOINTMENT OF KAREN HARTEN-VIPPERMAN TO THE EMERGENCY PREPAREDNESS COMMITTEE
Councilmember Carroll offered a motion to appoint Karen Harten-Vipperman to the Emergency Preparedness Committee. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
12. APPOINTMENT OF A PARKS & RECREATION MEMBER
Mayor Douglas explained that at the last meeting they agreed that they would appoint one of the Alternate Commissioners to a Commissioner position.
Councilmember Carroll suggested that any one of the Alternates would do a good job and suggested that they have a drawing from the three names.
Mayor Douglas noted that they have three Alternate Commissioners, vom Dorp, Pearson and Townshend-Zellner.
Councilmember Bergman stated that the luck of the draw was all right with him.
Mayor Pro Tem Millsap asked if it was proper to have a drawing and if so, how would you do it.
City Attorney Levin explained that how you nominate the alternate is up to you, but the actual appointment has to be by motion and second of a particular person.
Councilmember Klein nominated Alternate Davida Pearson, noting that she has put a lot of time in on the Car Show and has done a good job. He noted that she tends to get a little excited about things and she would need to go with the flow for the Parks & Recreation Commission. He stated that she needs to lighten up.
Councilmember Klein offered a motion to appoint Alternate Pearson to be a Commissioner on the Parks & Recreation Commission. The motion was seconded by Councilmember Carroll.
Mayor Douglas commented that he had watched some of the tapes of the meetings and is concerned with the bitterness or in-fighting at the meetings. He explained that it stresses him concerning the ŌTrails IssuesĶ because he had been backing the issue, but since it is such a blow up he is considering that maybe the ŌTrails IssueĶ should just go away and not deal with it in the Community because it is becoming out of control. He noted that the Commission does real well on the events. He noted that he doesnÕt want to see it become a burden on staff in any way. We donÕt want a lot of contention where people are not getting along and stated that he was hesitant to agree with the motion. He added that he commended Davida for how hard she has worked.
Mayor Pro Tem Millsap asked the City Attorney if she provided the Parks & Recreation Commission with the meeting management paper that Colantuono sometimes provided Commissions and Committees.
City Attorney Levin answered that she was not sure.
Mayor Pro Tem Millsap commented that it is very helpful and in watching some of the meetings she felt some concern or perhaps they were not clear on some of the procedures. They need to understand the limits of the Commission itself, the limits of staff and that information needs to go through the Chair as we try to go through the Mayor.
The City Attorney stated that she would make sure that the Commission gets copies of the paper.
Mayor Douglas noted to the Chairperson that the Commission is an official Commission of the City and needs to be run staying on the Agenda and on a little tighter ship. I donÕt think we want to have the City Attorney attend the Parks & Recreation meetings.
Councilmember Bergman commented that he agreed that the Commission has to work together.
The motion was approved as follows:
AYES: Carroll, Klein and Millsap
NOES: Bergman and Douglas
ABSENT: None
13. ORDINANCE IMPOSING AN INTERIM MORATORIUM PURSUANT TO GOVERNMENT CODE SECTION 65858 REGARDING MULTIPLE LOT GRADING APPROVALS AND SUBDIVISION APPROVALS IN PORTIONS OF THE R.A. ZONE AND DECLARING THE URGENCY THEREOF
City Attorney Levin noted that the City has a fairly new General Plan and is working on a completely revised Municipal Code including the Zoning Code. In connection with that we are working on updating and revising the subdivision requirements. We anticipate the new code, once adopted, will better reflect the intent and purpose of the General Plan. We recommend that you take advantage of a provision of State Law that allows you to impose a temporary Moratorium on subdivision approvals until the new zoning code can be adopted and put into place. If anyone can demonstrate that the application of this Ordinance to their property would be a taking or unconstitutional in any respect, they can request an exemption, but in the general course of things you can defer subdivision approvals while you update your code and make sure that those subdivision approvals will be consistent with the General Plan. We recommend that you do that. There are no particular applications on file that would be affected by this.
Planning Technician Doppieri asked if this would apply to lot line adjustments.
City Attorney Levin answered that as proposed, it does not apply to lot line adjustments.
Ms. Doppieri noted that we have one, a four-lot parcel map that is in the development stage, but it is far from a Public Hearing. We actually do not have a complete application. We sent a nine page incomplete letter. It is a tough one.
City Attorney Levin explained that when an incomplete letter is sent they can spend as much time as they want to submit their application or they may not submit. If you want, you can lift the Moratorium. The Moratorium lasts 45 days in the initial period and then can be extended again for a year and then if necessary for another year. Ms. Levin added that we will continue to accept applications, determine their completeness but not grant approval. When the Moratorium is lifted the applications will be ready to go.
Councilmember Bergman asked if the example Ms. Doppieri spoke of would be able to continue up to the Hearing stage during the Moratorium.
Ms. Levin noted that is correct, they can continue up to the hearing or resubmit and make sure it is complete. They just cannot have a Hearing.
Mayor Douglas explained that there are a couple of key items in the General Plan that say that you cannot create a parcel that needs variances to be able to develop. Part of the process of subdivision is to now insure that the parcels can be developed without going beyond the basic Standards Modifications that occur with all projects. We also will have several large parcels coming up in the next few years and we want to make sure in those steep areas that we do not get something built in size on those parcels that is contrary to the General Plan.
Mayor Douglas offered a motion to Adopt Ordinance No. 262-U and start the clock running and have staff take the next step in 45 days to extend it. The motion was seconded by Councilmember Bergman.
City Attorney Levin read the title of the Ordinance No. 262-U – ŌAN ORDINANCE OF THE LA HABRA HEIGHTS CITY COUNCIL IMPOSING AN INTERIM MORATORIUM PURSUANT TO GOVERNMENT CODE SECTION 65858 REGARDING MULTIPLE LOT GRADING APPROVALS AND SUBDIVISION APPROVALS IN PORTIONS OF THE R-A ZONE AND DECLARING THE URGENCY THEREOF.Ķ
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. FEMA/FHWA ROAD REPAIR
Lynn Merrill, Public Works Manager reported on the damage projects from the January and February storms in La Habra Heights. He stated that it has been quite a project to go through this with FEMA. We actually had two disasters, one in January and one in February. He stated that the items we will discuss tonight are the January items. Staff is still trying to work out the February items. Staff identified 48 sites throughout the City that appeared to have storm damage. These were submitted to FEMA as part of our initial request for assistance. FEMA then sent out their staff to review and document all of the locations. He stated that FEMA has three primary categories they divide assistance into. A is Debris Removal, B is Preventive Measures and C if Repairs to Infrastructure.
FEMA has already reimbursed the City for:
Category A - Debris Removal $5,231.62.
Category B - Preventive Measures $4,755.54
Under category C FEMA identified the locations including the repair of Ahuacate Road which is one of the most seriously damaged areas other than Hacienda Road and a couple of other locations. That will be an approximately $188,000 project that will require Engineering work prior to going out to bid and prior to going out to bid for Public Works. The remaining four projects were broken down by FEMA into two broad categories: Repairs to curbs and road surfaces and Repairs to road edges, shoulders and trenches. FEMA made a further designation between those on the East side of Hacienda Road and those on the West side of Hacienda. As a result we ended up with repair documents that have to be kept separate. Mr. Merrill explained that Staff as part of the process with FEMA retained some outside assistance to estimate costs for the different repairs and as a result, some of the repair costs included $38,462 for curbs and road surface repairs East of Hacienda Road, $8,257 for repairs to edges, shoulders and trenches, $16,850 for repair of edges East of Hacienda Road and $26,000 for repair of curbs and roads West of Hacienda Road. With 48 locations and the way FEMA put it together it gets very confusing. Mr. Merrill also explained that some of the work had been completed by staff prior to recommendation by FEMA. We initiated those repairs due to the safety hazards they posed. There could be a difference in FEMA figures and what I give you because of the ones that we already did and are not bidding out at this time. Because these are repairs we put together four bid documents and submitted them to 18 vendors electronically. We closed the bid on October 11, 2005. We only got two bids from one company for two of the four projects. On both of those bids they exceeded the FEMA estimated amount considerably on both bids. FEMA has a process where if the prices have gone up we can go back and recoup the money. This adds an additional level of Administration we have to go through to recoup that.
Mr. Merrill commented that he needs direction and there are three possibilities.
1. We can rebid the whole thing.
2. We can accept the two bids we received and you could direct us to go to LA County Public Works for the other two projects.
3. Reject the two bids and direct us to utilize LA County Public Works.
Our concern is that we need to get this completed as soon as possible.
Mr. Merrill explained that FEMA told us that the damage to Hacienda Road was not covered by FEMA, but by the Federal Highway Works Administration (FHWA). Caltrans handles this. There were two failures on Hacienda Road. We estimated that the one by Skyline would cost 1.5 million. At West Road and Hacienda we are estimating $175,000. We are preparing to take some corrective action to prevent further damage by some crack sealing on Hacienda Road at the slide area.
Councilmember Carroll asked how much Mr. Merrill thought we would get reimbursed from the 1.5 Million estimate for repairs on Hacienda Road and how long it might take.
Mr. Merrill stated that we have submitted the request for appropriation and weÕre working with Caltrans to fine-tune that document for Planning and Engineering. We had hoped that we would get that going before we got the first rains. Now that we have had rains this is going to make it more difficult. We probably wonÕt be able to do this until after January and our target is to get done by the end of 2006.
Councilmember Carroll asked about the reimbursement.
Mr. Merrill noted that FHWA has a similar program to FEMA in that they do emergency repairs and this has been determined as fitting the criteria. We had the Caltrans Engineers out here to look at the ones we had submitted and they did approve. The paperwork sometimes takes longer than the project. The Federal fiscal year did not start until October 1, which we are now trying to secure. He stated that he could not tell Commissioner Carroll when the approval process will happen or what the timing will be.
Mayor Douglas noted that the Engineering solution isnÕt even partially in place yet. He asked if the consultant did borings last year.
Mr. Merrill explained that when you are trying to get Federal funds, if you do any work prior you might not be reimbursed for that work. Doing work ahead of time would cause us to lose considerable money. He stated that a consultant did come out when we found the problem.
Mayor Pro Tem Millsap noted that the consultant stated that the site had to dry out.
Mr. Merrill stated that the borings were never done.
Mayor Pro Tem Millsap asked if there was a written report on the bid opening and the timing of the work under the bid specifications.
Mr. Merrill stated that he submitted that report by e-mail this morning. He was not sure it had arrived properly.
Mayor Pro Tem Millsap asked if we have an actual commitment for this money.
Mr. Merrill noted that we have to submit a request for authorization for the planning and engineering function first. Once that is done we submit paperwork for the actual construction. Nothing has been approved at this point. Caltrans has said yes and it has been submitted.
Councilmember Bergman asked where the $1.5 million figure came from without the geotechnical work being done.
Mr. Merrill explained that we had to have a number to turn in for the paperwork. We had an estimate for the geotechnic. Using that and some standard percentages for engineering and overhead costs, we worked out our estimate of $1.5 million. The Caltrans representative noted that it was easier to come down than it is to take the number higher so he recommended that we take the worst case scenario of an estimate. He noted that in dealing with the Government you also have to be aware of prior existing conditions. If they were to decide something had to do with some conditions of years ago and not the storm we would not get paid for that. We are taking the position that the road did not fail until after the storm.
Mayor Douglas stated that most of the inspections have shown no prior conditions. He also noted that on the damage summary, you showed DC Construction Company numbers for the estimates.
Mr. Merrill commented that they needed the estimates in a hurry.
Mayor Douglas noted that their bid was 60% higher than their estimates, do you think we can count on a 60% factor on most of these estimates?
Mr. Merrill stated that with the Federal Government he would never say absolutely that would be the case. He commented that we donÕt have a compact area for the repair work and most of the items are relatively small amounts and this may cause small contractors to pull away and also because it is a Government process. He stated that he was concerned that DC Construction only bid on two of the four projects.
Mayor Pro Tem Millsap asked if Mr. Merrill thought a more traditional way of bidding would have made a difference in the response.
Mr. Merrill answered that it is possible.
Mayor Pro Tem Millsap noted that she had not heard they were going out to bid before it happened because generally we would hear about it.
Mr. Merrill explained that in his background, looking at it as repairs they are informal. You call three companies and get three quotes. IÕm not as familiar with your way of doing things and that is my responsibility.
Councilmember Carroll asked for clarification on the routine on the process for the repair on Hacienda just south of Skyline.
Mr. Merrill answered that we have submitted the paperwork, and Caltrans agreed to it, as $1.5 million. What we are going for next is the authorization to determine the planning and engineering costs. The rains could affect the boring.
Councilmember Carroll asked if Caltrans was slowing us down in some way.
Mr. Merrill noted that the Caltrans Engineer and myself are getting together to further refine the request for application.
Councilmember Carroll asked if there was any way to expedite this.
Mr. Merrill stated that he has been playing telephone tag with the Caltrans Engineer for two weeks. He noted that he is only here one day a week. He stated that he also has other clients that he is servicing.
Councilmember Carroll asked what the next step after meeting with the Caltrans Engineer would be.
Mr. Merrill stated that the next step is to submit the request for authorization and it is forwarded to the State for review and then forwarded to the FHWA for approval.
Councilmember Carroll asked how long this would take.
Mr. Merrill answered that he had no idea.
Councilmember Klein asked if there is some way the City Manager could take calls or do something to help get these two people together. We have to find a way to resolve this. Mr. Klein noted that the sandbags at the Hacienda/Skyline location are wearing out and the day glow cones are constantly being knocked over. He asked if there is any way we could install a semi-permanent berm along there to direct the rain so the water doesnÕt run down there. If repair is this far away, we need to make some interim solution to this.
City Attorney Levin explained that whatever road redesign you do has to be based on a design from a licensed engineer to preserve your immunities. She stated that she recognizes that you are not proposing that it be done without an engineer, but to make sure that we have a completely clear record that if anything is done it will not be done without an engineerÕs design.
Councilmember Klein noted that what he is saying is that the temporary repair looks like it might have to last for a year or more. The sandbags are deteriorating, the cones are constantly knocked around and the batteries in the lights are burned out. It may be a too temporary repair for the time we need it. A berm on the down side of the road would keep the coming rain from running down and doing more damage.
Councilmember Carroll suggested that we put it on the next Agenda, get an update and see where we are 20 days from now.
Mr. Merrill commented to the Attorney that they did use the traffic engineer to establish the lanes and the re-routing before we did any of it.
City Attorney Levin noted that she was aware of that. She stated that she meant that whether you use cones or berms or signs lighted or not, those decisions are components of the safety of the roadway and therefore need to be recommended by a licensed engineer. Ms. Levin noted that based on the conditions that you described we cannot wait until the next meeting to fix the interim measures. The measures need to be fixed now.
Mr. Merrill explained that they are working on them now. He stated that this week we had a company come out and give us a quote on sealing the cracks, just to hold them, and the next step will be to get the LA County Department of Public Works to see if we can put some more permanent delineators out there to control the traffic in a manner that wonÕt result in them getting knocked down the hill every time a car passes. All of our suggestions will go through our traffic engineer before we activate any of them.
Councilmember Klein suggested that the Sheriff could spend more time around there.
Mayor Pro Tem Millsap suggested they look into those large drums that are filled with sand and she noted that we should look at the timing of the signals again. She suggested having the lights set on a cycle instead of the traffic flow.
Councilmember Carroll stated that he didnÕt agree with stopping the flow.
Councilmember Klein commented that instead of trying to solve the problem we could turn it over to the City Manager who might be able to coordinate the engineering along with the SheriffÕs Department with whatever other resources we have.
Councilmember Klein asked Mr. Merrill which parts of the work sent out for bid did you get the bids on.
Mr. Merrill commented that we got a bid on W-C-03 and W-C-04. He explained that for W-C-03 the amount we had to have was $26,818 and the bid was $44,615.
W-C-04 the amount we had to have was $8,257 and the bid was $10,685.
Mayor Douglas noted that these two totaled a 60% overage.
Councilmember Klein asked if we would do better economically if the bid was put out as a package rather than in individual bids.
Mayor Douglas explained that there are four tracking documents. Mr. Merrill has to live with FEMA reversals so he sends the four parts on the same road out to bid.
Councilmember Klein commented that it is not just an accounting breakdown, but they can take any part of it. These are pretty small amounts and you get no economy of scale when they can take them individually.
Mr. Merrill explained that the reason he did it that way is so there would be a clear audit trail for FEMA. He noted that it is hard to tell if presenting them in one document would have resulted in economy of scale or not. There is a lot of question as to why the one company only bid on two of the four.
Mayor Douglas commented that what concerns him is that we only got the one bidder and what we did get was 60% over. We need to go back to bid but there is very little time. We need to get at least the edge of the road repairs done so the rain doesnÕt make them fail more.
Councilmember Klein commented that his concern is that they come up with some plan so we will get bids.
Mayor Douglas noted that there is one option to have LA County Public Works do the work.
Councilmember Klein noted that it is likely to have a very large bill from them and they are much slower.
Mayor Douglas noted that a lot of the items are fairly small items that could have a patch coat done that would keep the rain from doing further damage. Getting the drains cleared out (like at Walnut and Hiatt) could save more damage.
Mr. Merrill stated that we have scheduled on Tuesday next week, a meeting with our Customer Service representative from LA County to meet here. We have seen the issues with them. We only have two options, LA County or try to find a Contractor. He noted that we have no internal capability to make repairs.
Councilmember Klein suggested not going out to bid again on W-C-04. W-C-03 was so high, re-bid that one if you donÕt want LA County to do it. He stated that he recommends that you do the others however you can do it with FEMA to keep the accounting straight and get as much of this into a bid as possible. Make it worth the while for the Contractors.
Mayor Douglas explained that the direction is to try and repackage to rebid it and if in the meantime try to identify where are the ones that you are thinking would give us a problem with any heavy rain and cut them out and we can do some patch work on them. He asked for a report at the next meeting on November 10. He also asked about the drain at Walnut and Hiatt.
Mr. Merrill explained that the drain was pictured in September and he reviewed it this week. He noted that the problem is that all of the debris has gathered in the bottom pipe and there is no way that it would normally be flushed out because of the design of the drain. We are working with LA County to have a jet router come out. They ordinarily only clean out the inlet. The pipe underneath is a whole separate organization. We canÕt get the camera down to the pipe to see if there is anything else wrong. LA County has never been asked to clean and flush drains. We told them it needs to be done now. If they canÕt get out there in the next week, we might have to go out to bid to get a jet router in here to work on that drain.
Mayor Douglas asked if it would be cheaper to cut it open.
Mr. Merrill noted that it might just need to be cleaned out. We wouldnÕt want to excavate it before we know.
Mayor Douglas noted that we will break for a tape change.
Mayor Douglas returned the meeting to the Council. He summed up that Mr. Merrill will come back with a proposed rebid package and identification of the items that may not last through the winter at the November 10 Council Meeting. We will reagendize this whole topic. He requested that staff send more information. Councilmember Carroll did not get any of the Staff Report on this item. He stated that he would like a little more lead-time for the information.
15. WEBSITE UPGRADE
This item was pulled from tonightÕs meeting and will be on next monthÕs Agenda.
16. BANKING – TRANSFER TO WELLS FARGO BANK
This item was pulled from tonightÕs meeting and will be on next monthÕs Agenda.
COUNCIL DELEGATE REPORTS
Councilmember Carroll reported that he was at the 25th Annual California Contract Cities Fall Conference. One big issue was the position on Proposition 76. After much discussion they endorsed and backed Proposition 76. Councilmember Carroll noted that the main lobbyist, Gonzalez, stressed that the Cities should be vigilant and be sure to talk to their Legislators about the importance of local governments keeping their funds. He warned us that the State is always looking for ways to shift the local property taxes to other local agencies. He mentioned that the Governor has vetoed more bills in two years than Brown did in his eight years. There was a presentation on the Orange Line. It would stretch from Palmdale to Union Station and then through a number of cities in LA County and then stretch down to Orange County. They have received some money from the Transportation Bill and are going to go forward on that study. You can find Orange Line on line.
City Attorney Levin commented that her firm is Counsel for them, so if you want any information you can ask us too.
Councilmember Carroll commented that the endorsement of Proposition 76 only passed by a few votes.
COUNCIL COMMENTS
Mayor Douglas noted that he received a letter from Bob HuffÕs office asking to meet with us and if he can help to send us funds. He asked the City Manager to look into this as to the proper agenda forum to meet with him and topics of discussion. He commented that the City Manager has asked Attorney Levin to speed up the progress on processing the Municipal Code update. The Planning Commission is going to be doing some weekend meetings and staff has suggested that since the Planning Commission has just been working on Article 7, the City Council can work on Articles 1 through 6. He asked the Council to start looking at their calendars for dates for Special Council Meetings.
Mayor Pro Tem Millsap stated that we also need to look into radar signs from the CLEEP money.
Councilmember Klein stated that he had to get together with the Deputy.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Jerry Shipman, Chairperson of the Public Works Committee, commented that under ordinary circumstances one day a week would be fine for Mr. Merrill to handle what he needs to, but this year has been a nightmare. He urged the Council to try to get more of his time for the next few months to get these things done.
Mayor Douglas noted that was something for the City Manager to see if he can get done better.
Mayor Douglas adjourned the City Council Meeting at 10:50 p.m. to the November 10, 2005 Meeting.
ATTEST:
_________________________
CITY CLERK, JAMES RUTH