CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 10, 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 the litigation.
A. INITIATION OF LITIGATION (G.C. 54956.9 (c)):
One Case
Title: City Manager
B. PUBLIC EMPLOYEE RECRUITMENT AND APPOINTMENT (G.C. 54957):
Title: Community Development Director
1. CALL MEETING TO ORDER
Mayor Douglas called the November 11, 2005 Regular City Council Meeting to order at 7:40 p.m. at the Community Center, 1245 Hacienda Road, La Habra Heights, California. Mayor Douglas noted they have returned from Closed Session and no reportable action was taken.
2. ROLL CALL
Those present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman, Carroll and Klein. Also present: City Attorney Levin, Interim City Manager Ruth, Community Development Director Massa-Lavitt, Planning Technician Doppieri, Transtech President Cayir and Transtech Vice President Quintero.
3. FLAG SALUTE
Ed Borrowe led the flag salute.
á Kathy Sauble, Emergency Preparedness (EPC) Chairperson, stated that the County theme for this month is ŇGet InvolvedÓ, concerning Community Resources. Our Fire Department and SheriffŐs Department can be great resources for us. After a disaster they will probably be overwhelmed and we may have to be self-sufficient for several days. The CERT program is a very good resource and it is nationwide. It helps to protect our Community. Our Community has had a CERT training class through the Fire Department. The November class has been cancelled until the beginning of the new year due to availability of those taking part in the classes. It is important to supply food and water and emergency supplies to people that are unable to do it for themselves, have knowledge of basic first aid, be able to conduct light search and rescue, assess damage to buildings and report information to local officials. Listen to the radio for important information and instruction. The Red Cross, Salvation Army, County offices of Emergency Services and the CERT team could all be of assistance in emergencies. EPC has revised their Assisted Evacuation form. If there are any questions about this form you can contact me at (562)-697-8819 or e-mail me at ksauble@adelphia.net. We would like to have present forms updated. These forms are also at City Hall and the Fire Department. It would also be important to know any special skills residents might have that would be helpful in case of an emergency.
Mayor Douglas thanked Ms. Sauble for her work with Emergency Preparedness and noted that the City has a lot of information on the subject that can be picked up at City Hall.
á Jerry Shipman, Public Works Committee, reported that nothing observable has been accomplished to protect the roads. Mr. Shipman noted that the requests for the Federal Highway appropriations have been completed, but it will be some time before we get the funding authorizations. Crack sealing is supposed to be done tomorrow and we have quotes for installations of sandbags and plastic sheeting on Hacienda Road, which should be installed next week. We are also getting quotes for re-striping to move the lane a little more to the East and to install permanent markers. This is expected to be taken care of by December 1, 2005. Only some of the bids came in for emergency repairs for berms and shoulders and the ones that came in were much higher than anticipated. Staff believes that the direction was to consolidate the bids into a single package and go out for a new bid. He stated that ordinarily they would get the County to do the temporary cold patching, but they seem to be too busy and have not responded. If we do not get the cold patching we will just have to use sandbags. We will have to get out bids for Proposition C repairs. We will probably have to put out a bid package on emergency repairs on potholes, especially on Coban. Mr. Shipman noted that the culvert at Hiatt and Walnut had been jet routered, but it did not help. Staff will have to do a design and get a bid packet out on that. There is also a plugged storm drain at the northwest corner of Hacienda and Skyline that may need jet routing too. The Staff has been overwhelmed with paperwork. Lynn has been authorized to spend more time on these projects. We hope this will help the situation. He stated that it is not clear how we will handle some of the emergency repair. Mr. Shipman stated that the Public Works Committee still needs another member.
Mayor Douglas stated that we will ask Transtech about those problems
Mayor Douglas noted that those who want to speak on items on the agenda can wait until the item comes up on the agenda.
Judy Hathaway Francis, spoke regarding an investigation of racing bicyclists that are said to have injured some residents. She noted that it is said to diminish the quality of life for certain areas. These bicyclists are using our City to train for racing competition. Ms. Hathaway Francis requested that a timely investigation be conducted by an ad hoc committee appointed by the City Council, that a factual report be presented to the City Council at a Public Meeting and the Council then consider what options are available to ameliorate the alleged dangerous conditions in the Heights. She stated that she had mentioned this to the Mayor and he indicated that he would like her to take charge of this responsibility. However, she would only work on this if the entire Council directs her to do so. She stated that she knows people who would be totally objective and asked the Council to advise her.
Ed Borrowe, mentioned that there has been a lot of mail theft all over the City. He stated that he is going to advise the VOPs to watch for this as they patrol. Mr. Borrowe also talked about the CouncilŐs interest in building a new City Hall and Fire Station at West and Hacienda Road and residents are concerned that they should get to vote on whether to do this or not. They are gathering signatures on a petition to be able to vote on this. The City spent $480,000 to buy that property. In your last Council Meeting you formed a Council sub-committee to interview Architectural firms, which suggests to me that you will hire one of those to come up with designs, the costs of which will add another $40,000 to $50,000 above the $40,000 to $50,000 that the City has already spent. Mr. Borrowe stated that he could be reached at (562)-697- 0048.
Jobie Townshend Zellner, requested that the City Council alter the way the Parks and Recreation Meetings are taped. She asked that they be taped in two parts. She suggested that they continue to tape and broadcast the section that deals with land use issues or the purchase of major equipment and any other issue that you, the City Council, deem necessary. Purely recreational plans would be on a separate tape and not broadcast. Any resident could view either tape by checking it out from City Hall.
Norm Zezula, stated that the Staff Agenda notes that we are going to hire a firm to upgrade our website, hire a search firm to find us a new Community Development Director and create new Staff positions and upgrade according to titles and pay scale for some of our current positions. Mr. Zezula noted that two years ago we had a volunteer running the website at no charge. This resident has moved out of the area, but offered to continue it for one year and if the City so desired at the end of that year she would continue it for a modest fee. The City declined the offer. The website they are currently paying for is unsatisfactory. He also noted that at present we are paying for two City Managers while we are paying a search firm $8,000, plus expenses, to find a new Community Development Director. Mr. ZezulaŐs opinion was that the City Manager should be able to do this search. One of the new positions is an assistant City Manager to free up the City Manager to focus on long range planning. Mr. Zezula noted that in the past, long-range plans have been primarily the jobs of resident Committees. Mr. Zezula spoke in favor of more volunteer work instead of paid staff for everything. Many residents have expertise in areas that exceed the expertise of those that we could afford to hire. Many would be willing to assist in certain projects if they thought their contribution would be valued.
4. COMMUNITY DEVELOPMENT DIRECTIORŐS REPORT
Community Development Director Massa-Lavitt reported on the progress of the Zoning Ordinance Public Hearings. Last Saturday there was an all day meeting between the Planning Commission and Staff. A lot was accomplished and it is nearly completed. Another Public Hearing is scheduled for November 30, 2005, and we hope to discuss the sections that we have not covered yet and then we will be going back and reviewing the redline copy to make sure we have all of the comments on what we have gone over in the new Draft for the Council. She noted that she hopes to have that draft back to you by the end of January or the beginning of February, 2006.
Mayor Douglas explained that Article 7, Zoning and Development Code and the entire Municipal Code is in the process of update as well. The City Council is looking at their calendars for January dates to start scheduling meetings on earlier Articles.
Mayor Douglas asked for an Engineering Report.
President Cayir of Transtech introduced their new Staff member, Robert Quintero. He stated that Mr. Quintero would be attending your meetings.
Mr. Cayir explained that as Mr. Shipman stated, for the emergency road repair, LA County has not been responsive. He suggested that the City might have one or two other Maintenance firms on call for services. This would not require having to go out to bid. This would save a lot of time and cost for the bid system that is usually required. On the areas that need the most repair, since we canŐt depend on the County, we are putting projects out to what we call Ňshort bidsÓ for smaller amounts and smaller areas and we have been successful with some. The crack sealing is going to take place tomorrow and we will go ahead and do the striping and move it further east to keep the failing area further away from the traffic and reset the delineators. County was going to set the sandbags, but they cannot do it so we will actually get another firm to do that. We will put plastic tarps on the sides to protect them. Mr. Cayir commented that they are working on a design that will help the failing storm drains. He stated that getting the FEMA and Caltrans funds obligated is a lengthy process. It takes 6-9 months to get authorization to spend the funds. It is not possible to get to that work until next year. Any money spent before the official authorization is not reimbursable.
Mayor Douglas welcomed Robert Quintero. Mr. Douglas asked if there would be some temporary repair to keep those large areas from getting worse while we wait for authorization.
Mr. Cayir noted that there are things we are going to do to keep the failing areas from getting worse during the winter. On the one drain we are going to redirect where it drains to protect the failing area.
Councilmember Carroll asked about the proposed left turn lane on Avocado Crest that is mentioned in Mr. MerrillŐs report.
Mr. Cayir explained that the centerline of the City and County property is in the center of the street. The south side belongs to the County. We are stuck with doing anything on the north side of the street. There is a catch basin and a driveway at the corner. There is approximately 10 feet beyond the edge of the pavement on the north side that can be widened to add the lane. The space needed is rather complicated. It could be a substantial cost as it seems the prices are doubling recently.
Councilmember Carroll asked about the drain at Walnut and Hiatt.
Mr. Cayir stated that we did a camera check on it and it could be that the drain has collapsed or it could be that there is just too much debris and it does not wash out. We will have to excavate to find out where the blockage is. We will change how the pipe comes up.
Councilmember Carroll asked if Mr. Cayir has a timeline on that work.
Mr. Cayir noted that they would have to get bids for that also. They might be able to get that in 60 days.
Mayor Douglas asked Mr. Cayir to keep in mind that the traffic light at Hacienda and West Road sometimes does not change for a very long time. He asked him to check the timing of that light to provide more break in the traffic.
Mr. Cayir explained that on signal timing they either respond to pressure on the magnetic loops cut in the pavement or they are on a fixed timing.
Councilmember Carroll stated that he thought this particular signal works on pressure.
Mr. Cayir noted that the timing could be set.
Councilmember Carroll noted that another light causing much of the problem for Avocado Crest is at the City limit and belongs to La Habra and asked Mr. Cayir to look into that.
Mayor Douglas asked Mr. Cayir to look into the West Road signal at rush hours for him.
Mayor Douglas asked Planning Technician Doppieri if she had any more on the Care Facility.
Ms. Doppieri noted that they did a tour of the facility and we have been doing some research on it. She noted that it is licensed through the State and the Sheriffs Department is patrolling the facility two times each shift. Their biggest problem is runaways. The Sheriff has to respond immediately because they are juveniles. Ms. Doppieri stated that she learned that the facility is licensed to handle children between the ages of 11 and 17, boys and girls. They chose to handle only girls at this time. About 85% of those going through the facility have a drug or alcohol problem that they are being treated for. They are licensed to take care of physically and sexually abused children, abandoned children, emotionally abused children, neglected children, ritualistically abused children, children requiring medication, special education students, children with asthma, epilepsy, HIV, Aids, allergies, diabetes, eating disorders and pregnant children. Ms. Doppieri noted that the day they were there the doors were double locked. The windows are sealed so they canŐt crawl out of them. Faculty is there 24 hours a day. There are no sleeping facilities for any of the counselors or faculty. There are 6 twin beds in the buildings. The guest house has two offices, a recreation room center where they do crafts, the old kitchen is there but they do not use it. The stove is not connected and the refrigerator is not being used.
Mayor Douglas asked if the Sheriff gets a number of repeat calls to the facility so that it was to the detriment of regular servicing and patrolling of the City, could the Department bill the facility for this?
City Attorney Levin stated that there is no provision that she is aware of. The false alarm recovery is usually based on an Ordinance or a Statute that is in place and I canŐt think of anything that is in place or that you could adopt that would allow you to recover for service to one address and not to others. At some point, if there is improper activity found at a number of those calls, then you get to the level of a public nuisance or a licensing violation that we can take action on.
Mayor Douglas noted that the City would keep monitoring the situation. He stated that he is a firm believer in user fees.
Mayor Pro Tem Millsap noted that there are no sleeping facilities for their staff, so they are awake for their whole shift.
Ms. Doppieri noted that there were complaints that the children were seen walking around the neighborhood and the Director told her that there are a lot of counselors that are young and occasionally will take a child out. If they leave the property it will be one counselor to one child. There are an equal number of counselors as children. Ms. Doppieri commented that the problem they had with runaways when they first opened, primarily, was one child. That child has been relocated to a more secure center. They also indicated that if the City Council would like to take a tour of the facility, they are welcome. They can make arrangements. They also volunteered the children to help with graffiti removal or some service for the City.
Mayor Pro Tem Millsap asked if these children attend school.
Ms. Doppieri answered that a bus picks them up each day and they are taken to a home school at another facility or they are taken to their school.
Councilmember Bergman asked if they do some volunteer work for the City, what type of liability could there be?
City Attorney Levin noted that liability would be the same as for any other volunteer. She noted that we have a series of consent forms that are supposed to be signed for volunteers that protect us from liability.
Ms. Doppieri noted that Senior Management Analyst Klahejian has been working on an ŇAt Risk ProgramÓ for volunteers that might fit.
5. FIRE CHIEFŐS REPORT
Fire Chief Nielsen reported that his Fire Station is beyond livable. It either has to be demolished or make repairs. The weed abatement is pretty good. We are having better compliance from the residents. Chief Nielsen stated that a resident had noted that it is hard to recognize our fire engines in the City without the City Seal on the doors. He noted that had applied to two of the engines. That has been corrected and all of the engines have the City Seal on their doors now.
Mayor Douglas complimented the addition of the Fire Prevention update with the Fire ChiefŐs report.
SHERIFFŐS REPORT
Mayor Douglas noted that before Lieutenant Ault left she was instituting a regular summary report of Department activity in La Habra Heights and he asked Sheriff Lieutenant Claus if he would check her files to see what she was doing and if he could continue those reports. For example, former Mayor Borrowe was talking about the mail theft problem in La Habra Heights. We would like to be kept aware of those types of problems.
Sheriff Lieutenant Claus noted that he has provided a report about all the citations. He stated that he had not been able to contact Alicia Ault as she was out of the Country. He stated that as soon as he is able to get that information he will see that the Council gets the information each month. He noted that he has set up a system of patrol by the Care House and it is patrolled two times per eight-hour shift.
Councilmember Carroll noted that Alicia Ault was going to report what type of calls happen in the different sections of the City.
Lieutenant Claus noted that there are five districts and he can report the type of calls and the districts where they occur.
Lieutenant Claus reported on the bicyclist problem in the Heights. He noted that the last incident was in April 2005. Bicycles are not considered a vehicle, so unless a car hits one, we would not have a report on it and a rescue would be handled by the Fire Department. He noted that as long as he has been at the station they have had no complaints about bicycles.
Fire Chief Nielsen noted that they went back six months in their incident reports and have had no incidents involving someone being hurt by a bicycle rider.
Mayor Douglas noted that the City Manager was working with the Sheriffs Department on a known track that the bicyclists were following and the time of day. They clocked the speed and caught two running the stop sign and talked to them. If this pops up again the Sheriff can investigate again and try to talk to them. We can pass on complaints to the Sheriff.
City Attorney Levin stated that the City Manager and the Fire Chief requested that the Council add an item to the agenda tonight. For public information, it is an item that is up for consideration this evening. There is immediate need for action that came up after the posting of the Agenda. Adding this item needs a four-fifths vote from the Council. The item is the immediate need for repairs to the Fire Department facilities to prevent some future leaks and other issues.
Mayor Douglas asked the City Manager where he suggests they place the emergency item.
Interim City Manager Ruth suggested they place the item at the end of the agenda.
Councilmember Klein suggested they hear the report and if we are going to add the item we just do it right now and then move on.
City Attorney Levin commented that there are two votes needed. First is the vote to add it to the agenda and the second vote would be to take action on the item, either approving or disapproving it. The item is the request for authorization to fund up to $10,000 for maintenance and repair improvements to the Fire facilities.
Councilmember Klein offered a motion to add an item to the agenda requesting authorization up to $10,000 for maintenance and repair improvements to the Fire facilities. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
ADDED ITEM ASKING AUTHORIZATION UP TO $10,000 FOR FIRE DEPARTMENT MAINTENANCE AND REPAIR.
Interim City Manager Ruth stated that their recommendation is to approve emergency repairs and modifications to the Fire Headquarters and direct the City Manager and Fire Chief to take appropriate actions.
Interim City Manager Ruth reported that during the past several months the Fire Headquarters conditions have deteriorated causing potential health and safety issues. He noted that with City Council approval we will proceed with some immediate repairs and then we will give you an additional report on what longer term repairs might be needed and the additional cost.
City Attorney Levin noted that because we do not have the specific repairs before us tonight, it is conceivable that some or all of the repairs might otherwise fall into the Public Contracting Code. We would ask that in your motion giving the City Manager authorization you include a finding that these are emergency repairs that are exempt from the Public Contracting Code. Ms. Levin noted that this motion also needs a four-fifths vote.
Councilmember Klein offered a motion to approve emergency repairs to the Fire Department facilities up to $10,000 and authorize the City Manager to take appropriate actions since these are emergency repairs, and are exempt from the Public Contracting Code. The City Manager is to bring back a report at the next Council Meeting as to what additional items are needed and a report on what the funds are to be spent on. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein, and Millsap
NOES: None
ABSENT: None
FINANCIAL MATTERS
6. APPROVAL OF WARRANTS – October 2005
Councilmember Carroll offered a motion to receive and file the Warrants for October 2005 in the amount of $373,437.65. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. TREASURERŐS REPORT – September 30, 2005
The TreasurerŐs Report consisted of:
LAIF CityŐs Investment Account
Bank of New York Cash with Fiscal Agent
Band of America Business Checking Account
Petty Cash Disaster/Emergency Fund
Petty Cash Operations
Councilmember Klein moved to receive and file the September 30, 2005 TreasurerŐs Report. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
8. APPROVAL OF MINUTES Minutes of a Special City Council Meeting of
September 20, 2005
Minutes of a Special City Council Meeting of
October 13, 2005
Councilmember Carroll offered a motion to approve Special Meeting Minutes of September 20, 2005 and Special Meeting Minutes of October 13, 2005. The motion was seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
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 for Heights Christian School.
Councilmember Carroll moved to receive and file the Heights Christian School October 2005 report. The motion was seconded by Councilmember Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
OLD BUSINESS
10. WEBSITE UPGRADE
Interim City Manager Ruth recommended that the City Council approve the proposal from Sandra DeMond, On-Call Business Consulting, to upgrade the website for $9,700.
Mr. Ruth noted that they have been exploring options to upgrade our website. The staff made contacts, at the direction of the former City Manager to qualified firms. Three responded, two verbally and one by writing. The two verbal responders estimated costs were in the range of $20,000-$30,000. We believe the third response from Sandra DeMond, On-Call Business Consulting, is very reasonable and could be implemented in a very timely fashion in cooperation with staff. This does not address the ongoing maintenance, this is to get your website up and let the Council respond as to what their needs are.
At the time that is concluded, we can consider the maintenance cost and whether we want to do it in-house ourselves or contract it out as a separate issue.
We recommend that the Council authorize us to implement this contract to upgrade the City website. It would probably take about sixty days until we have a final product.
Mayor Pro Tem Millsap asked Sandra DeMond if the information was correct that it would be presented to us in phases.
Sandra DeMond answered that in her original conversations with Amy and the former City Manager we were going to layer this in phases, then it was decided to present you with the initial cost of getting everything done right away and then we could discuss the upgrades that you want later.
Mayor Pro Tem Millsap asked what the upgrades might be, as we donŐt have the verbal information to compare with the PowerPoint and written information we received.
Ms. DeMond answered that it might include an interactive calendar, which would allow you to go from the static calendar, which would have about six months of calendars that would show events, to the interactive calendar that could take you to a link regarding each event. Another upgrade might be webstreaming of Council Meetings or whatever you would want webstreamed onto your site. You would need to tell me what you want for the future.
Councilmember Carroll asked if her service included training someone from the City how to access and place the information on the site and is that included in the bid price?
Ms. DeMond answered that they are able to train someone on how to handle the website, how to upload information and in what format. She noted that Alex Solares is in charge of all of the technology and networking. She stated that this would be included in the bid price. We can also change links or add new pages by contract or by a per item basis.
Mayor Douglas noted that they have not been able to talk to her yet on the links they might want available. Mr. Douglas asked if various links and archives are included in the bid price.
Ms. DeMond commented that a lot of the archive materials and many of the links are included in the cost bid.
Councilmember Carroll asked if it is really easy to train someone how to update the website.
Alex Solares answered that it is reasonably easy.
Councilmember Carroll asked how long it would take to train someone that has had no background in WebPages.
Mr. Solares answered that it would take about two hours.
Councilmember Carroll asked how often they would be willing to do this if we have a turnover in staff.
Ms. DeMond answered that they would be willing to cover the next three to six months after the website is fully set up and running under the bid price.
Mayor Pro Tem Millsap asked how their proposal for $9,700, differs from what the City had before.
Ms. DeMond explained that the visual aspect is one thing, it will be a little more Ňuser friendlyÓ, a little more informational, adding forms, historical information, updating will be easier and more timely.
Alex Solares explained that the website will represent the City and have someone in-house able to upgrade the information. This will give you a clean start with your website.
Mayor Douglas noted that they would like some links added and there might be some items that they might not want.
Mr. DeMond noted that some of these items are not set in stone.
Councilmember Bergman asked how many cities she has done this for.
Ms. DeMond stated that this is her first City, although she has set up several Corporate websites.
Mayor Pro Tem Millsap asked the Interim City Manager if he has a staff member ready for this along with On-Call Business ConsultingŐs set-up schedule.
The Interim City Manager answered that he would have someone and it would probably be Lara Klahejian.
Mayor Douglas stated that there were no Public Comments on this item.
Councilmember Carroll offered a motion that we approve the proposal of On-Call Business Consulting and authorize the Interim City Manager to execute the agreement. The motion was seconded by Councilmember Bergman.
Mayor Pro Tem Millsap noted her concern that this is the right time for this because we have so many things going on right now.
Mayor Douglas commented that he hopes that by the time the website is functioning we will have the staffing issues resolved. He stated that he hopes that Mr. Solares and Ms. DeMond, after consulting with Amy, have most of what they need.
Councilmember Bergman commented that with the six-month possibility of training within the bid package that should be satisfactory.
Councilmember Klein asked who would be responsible for final review and acceptance. He noted that there should be some artistic review as it is being put together and we need to decide who will do that.
Interim City Manager Ruth stated that we would submit it to the Council before it goes on line and you can do some testing and it will come back to you for approval.
Mayor Pro Tem Millsap noted that Ms. DeMond mentioned that it would be hidden from view while it is being worked on but it can be reviewed by the City Manager or us.
City Attorney Levin explained that you can all look at it, but you cannot individually send your comments back and make a decision by e-mail or messages through staff. If you want Council review of the artistic content or design, that needs to come back to the Council or you can delegate it to staff and you can still monitor it all of the way.
Councilmember Klein explained that he would be inclined to go along with this if two members of the Council might be on a subcommittee to work with staff to approve it.
Councilmember Bergman suggested that it be brought back to the City Council for a presentation.
Ms. DeMond explained that we have to start off with an approved design for the initial page because that will carry through all the other pages.
Mayor Douglas stated that as he understands it Lara Klahejian would accumulate information and give it to Ms. DeMond, get content and bring it back to the City Council.
Councilmember Klein warned Ms. DeMond that they might find themselves coming back a lot.
Mayor Douglas stated that as he understands, the format of the website has to stay the same.
The motion was amended to cover the return to the Council for approval.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. HIRING EXECUTIVE SEARCH FIRM TO RECRUIT FOR COMMUNITY DEVELOPMENT DIRECTOR POSITION
Interim City Manager Ruth stated that due to the coming retirement of the Community Development Director, we must search for a new one. This is a very unique position because of the skills required, such as Engineering, Public Works, Code Enforcement, Building and Planning. He stated that he has two candidates that seem to fit those requirements and he will approach them, with Council approval, to see if they are interested in the position. If they are interested, we may not have to use a Search Firm. If not, we need to move forward as quickly as possible.
Interim City Manager Ruth asked that the City Council authorize him to execute the contract with Cooperative Personnel Services (CPS) at a cost of $8,000 only if it is needed and only after following the other possibilities.
There were no Public Comments on this item.
Mayor Douglas stated that Interim City Manager Ruth has a good knowledge of people in the industry and if he can find someone for this position it will be fine and if he canŐt, we need to find someone quickly.
Mayor Douglas moved to authorize Interim City Manager Ruth to recruit for the Community Development Director position and hire Cooperative Personnel Services if needed. The motion was seconded by Councilmember Carroll.
Mayor Pro Tem Millsap stated that she normally does not like to use recruitment agencies, but we do have a need to hurry. She stated that if we got one that the Interim City Manager has in mind, we wouldnŐt have to hire CPS.
The consensus of the Council was the same as Mayor Pro Tem Millsap.
The motion was approved as follows:
AYES: Bergman, Carroll Douglas and Millsap
NOES: Klein
ABSENT: None
Councilmember Klein noted that he would agree to see this item slide for a month and then come back.
NEW BUSINESS
12. PROPOSED RE-ORGANIZATION PLAN
Interim City Manager Ruth commented that the City Council had directed him to look at the organizational structure of the City and come back with a plan. Mr. Ruth noted that he is bringing to the Council a plan that will be responsive to their immediate needs and lays out some options for long term.
1. Hire a new City Manager. We are in the process of this.
2. Create a full-time Community Development Director position. This would provide more hours of work and supervision than the Contract position. We are working on some possibilities.
3. Convert the Assistant Planner 30-hour position to an Associate Planner position. This will provide more productive work hours.
4. Re-establish the Deputy City Clerk position to replace vacant Sr. Administrative Secretary. This is an upgrade with important knowledge required.
5. Create Administrative Services Manager position but do not fund at this time.
6. Fill the Maintenance Worker position currently funded in the 05-06 budget. This would reduce our dependency on the County; expedite our responses to the Community and provide for weekends needs.
7. We need more clerical support. We might find volunteer service to cover this or from work study programs or interns.
Mr. Ruth stated that he thought this re-organization plan would provide reinforced Planning and Development needs in the Community and for operational responsibilities and could be accomplished for $42,100 more on an annual basis.
Mr. Ruth stated that based on our analysis of our revenue estimates for 2005-2006, finance is projecting that we will exceed the estimated general fund revenues by approximately $300,000.
Mayor Pro Tem Millsap asked what the current salary is for the Maintenance Worker.
Interim City Manager Ruth commented that the cost is $2,794-$3,576. This is the average of surrounding cities.
Mayor Pro Tem Millsap asked if he knew what we allowed in the budget.
Mr. Ruth stated that he thought it was $4,700, tops. That would more than cover what we have set now.
There were no Public Comments.
Mayor Douglas commented that he has been meeting with the Interim City Manager and is happy with the analysis he has been doing of the functions of the City. Mayor Douglas stated that he was in agreement with what has been presented tonight. He noted that we are a small City, but we have the same tasks and requirements as larger cities. He felt we have dropped the ball for 10 or 15 years.
Mayor Pro Tem Millsap stated that the $42,100 figure is not correct now. She noted that it does not cover the Maintenance position.
Interim City Manager Ruth noted that it was because it was covered in the budget. He noted that there was about a $1,200 difference there, but if the County raises their cost it might even be a savings instead of a cost for the position.
Mayor Pro Tem Millsap commented that when they placed that position in the budget, we didnŐt have a job description so we did not know if there was enough work for this position to justify it.
Interim City Manager Ruth commented that he sent her the job description.
Mayor Douglas commented that he was glad to see that Mr. Ruth had investigated the finance and budget side of things also. We donŐt want to step into something that has drastic adverse impacts on our revenue stream. This doesnŐt look like it does.
Councilmember Carroll stated that the organizations plan sounds satisfactory.
Councilmember Klein asked if this just covers the organizational plan. It also has job descriptions and compensations, are we also approving that.
Interim City Manager Ruth explained that he has copies of the job descriptions for each position and he would like to get approval for the organizational structure so we can begin to recruit for these positions under those job descriptions and salary ranges.
Councilmember Klein explained that he was not so concerned with the descriptions and salary ranges, as the compensations and benefits. He noted that some of these are way beyond what he had in mind.
Interim City Manager Ruth stated that when we have a candidate for a position we have to come back to the Council for approval.
Councilmember Klein noted that he doesnŐt want to mislead anyone because we are trying to cut down sick leave and get rid of accrual of benefits. He stated that if by approving this we are approving accrual of certain benefits he couldnŐt approve it.
Interim City Manager Ruth explained that with these benefits you are paying out about $18,000 per year. That would be the maximum exposure for sick leave and vacation.
Councilmember Klein noted that he would like to see that trimmed down before we hire someone or at least let them know it is a possibility. He stated that his only disagreement is in trimming the accruals.
City Attorney Levin explained that she had given the Council information on the requirements for accrual at the State level and in your local code.
Councilmember Klein stated that he would want accrual brought within the perimeters of that report.
Interim City Manager Ruth stated that if it is a concern of the Council it needs to be addressed quickly.
Mayor Pro Tem Millsap stated that they have been considering that issue for years and also the work hours schedule.
Interim City Manager Ruth stated that we have to let that be known as a possibility when we hire now.
Mayor Pro Tem Millsap commented that as she remembered, one of Councilmember KleinŐs concerns was that we do not show the accrual on the budget and when someone leaves the accrual shows on the employee records and we pay it out, but we do not allow for it in the budget.
Councilmember Klein stated that it did concern him and also the different hourly schedules. It does not accrue over the years but is paid out in smaller increments.
Interim City Manager Ruth noted that the policy the City has now is that a person can only accrue up to 120 hours and if they donŐt take it they lose it.
Councilmember Klein explained that is just on vacation.
Mayor Pro Tem Millsap asked if he was concerned with the amount or how we deal with the payout.
Councilmember Klein answered that he was concerned with both. He stated that he is ready to address it now.
Mayor Douglas asked the Interim City Manager how other cities are handling the accrual of sick leave.
Interim City Manager Ruth answered that they have gone back to only allowing a certain number of hours and either pay off at the end of the year or take the number of hours away. You are not able to accrue any significant amount. He suggested that we come back to you with a report for the December meeting that outlines all of your benefits, what they include; potential responsibilities, your liabilities and any State laws that would impact what we are doing here. You can then tell us from a policy standpoint what you feel comfortable with.
City Attorney Levin explained that you want to look at all forms of leave and their accrual. You can also look at the 4-40-work week. She asked what information the Council needs from us for that.
Mayor Douglas answered that from staffŐs pros and cons on it we know there are some problems with that workweek especially on the senior staff with all they have to handle. They provide days off. We would like to checkout a 9-80 work schedule, the accrual rates and how much you can accrue. Have any cities gone into the concept of total time off with pay, not saying what kind of time off it is for?
Interim City Manager Ruth stated that they just give leave pay for so many hours a year.
Mayor Douglas stated that he liked that better.
Councilmember Bergman stated that he doesnŐt like the sick leave concept. He stated that he got to his allowed number of hours several years ago and never used it.
The Council discussed whether to bring back this portion of Item 12 to the December City Council meeting or to bring the whole item back.
Councilmember Klein noted that the Council likes the re-organization, but when we recruit we need to let the person know that this part is under consideration and could change.
City Attorney Levin explained that the Council does not need to approve that level of the detail of job description in order to approve the re-organization plan. If you want, you can approve the reorganization plan and direct us to come back with some of these other policy issues relating to benefits at the December meeting for all positions.
Mayor Pro Tem Millsap asked how the Interim City Manager intends to go forward with the recruitment. Would you just leave out the information that is in question?
Interim City Manager Ruth explained that it would take about sixty days to recruit and if you left that information out people would not apply because they want to know what the benefits are. He would suggest that it be left in and people told that it is under review by City Council. Mr. Ruth stated that hopefully by the time you are ready to appoint someone, you would have made your policy decisions.
City Attorney Levin commented that from the comments she has heard from the Council, rather than increase or decrease the benefits they want to modernize them.
Councilmember Klein noted that he does not want to change or take away most of the benefits. He stated that he was interested in accrual of sick leave, vacation and the work schedule.
Mayor Douglas commented that he was interested in adding Holidays with sick leave and vacation as time off with pay and what our workweek looks like and accrual total allowed.
Councilmember Klein moved to approve the re-organization plan. Councilmember Carroll seconded the motion.
City Attorney Levin confirmed that the motion is just for approval of the re-organization plan and we will understand that it doesnŐt approve every detail and minutia in the job descriptions, but the basic plan itself.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. ADELPHIA-TIME/WARNER TRANSFER AGREEMENT
Interim City Manager Ruth reported that the recommendation is to approve the transfer agreement and authorize the Mayor to sign the Resolution. Mr. Ruth commented that our City Attorney has approved the Resolution and Adelphia and Time Warner reviewed it and we are all in accord with the Resolution. He noted that we have worked with Adelphia and Time Warner in resolving the issues surrounding this transfer, in terms of work to be preformed. Adelphia has complied within the old agreement. We will be getting a $2,500 transfer fee and a $3,000 check from Adelphia for equipment they had committed to provide the City. We took the check so that we can buy equipment whenever we are ready for it. We think we have resolved all of the remaining issues and the transfer will take effect on July 16, 2005, after which the City will begin negotiations with Time Warner for renewal under their license. We do have one difference and that is we believe that the agreement with Adelphia would terminate in 2007. Time Warner believes that was a typographical error and the agreement would end in 2009. We do not believe that is an onerous issue because if they consummate the transfer on July 16, 2005 we have agreed that we will immediately begin negotiations under Time WarnerŐs license.
Councilmember Carroll referred to a letter from Joe Geissinger who operates the equipment and asked if Mr. Ruth has talked with him.
Interim City Manager Ruth stated that he met with Mr. Geissinger this morning. He noted that his concern was that the services that Adelphia was providing would be carried forward under the new agreement with Time Warner. Mr. Ruth stated that he didnŐt think there would be a problem at all. Mr. Ruth commented that he indicated to Mr. Geissinger that when they start negotiations, he would be involved to give his input.
Councilmember Carroll commented that Mr. Geissinger was also concerned that they continue the coverage of La Habra Heights in Brea and La Habra in order to cover all of La Habra Heights. He also wants it to continue the sound in stereo. Mr. Carroll stated that Mr. Geissinger also wanted to be sure they kept the agreement to have a hookup between our City and the Time Warner broadcasting facilities even though this hasnŐt been done yet, for the possibility to have live broadcasts.
Interim City Manager Ruth stated that before his meeting with Mr. Geissinger he had been negotiating with Time Warner and Adelphia for weeks. He stated that he will be glad to go over the items with them, but he didnŐt have time to do that today.
Councilmember Klein stated that these items in the letter are important to us. He also questioned the 2007 date that hasnŐt been agreed on.
City Attorney Levin noted that we have a Resolution that has that date, but Adelphia and Time Warner think it is a typo and we think it was the correct date, not an error. She stated that it doesnŐt seem important as everyone has agreed to start negotiations. She also noted that your obligation is to timely review the request for approval of the transfer of the franchise and not unreasonably withhold your consent. Ms. Levin explained that as for JoeŐs list, anything that was already being provided, must continue to be provided. Anything new can be negotiated at the time of your renewal negotiations. She noted that you couldnŐt hold up the transfer to negotiate on something new. Ms. Levin suggested that we should be cooperative if you donŐt have a problem with the transfer itself.
Councilmember Carroll noted that all of the items in the letter are already provided.
Councilmember Klein suggested they slide this item until next month until they get assurance that Time Warner will continue all the services Adelphia has been giving us.
City Attorney Levin stated that she would like to see a motion approving the transfer conditioned on obtaining that confirmation.
Koby King, representing Adelphia, explained that the actual transfer will not close until next year and until that time, Adelphia will still operate the franchise and is still bound by all of the items that are in the franchise agreement. He noted that once Time Warner takes over, they are bound by the current franchise agreement. The Time Warner representative has said that they are willing to start on renewal negotiations immediately.
Mr. King stated that he urged the Council not to put this off or condition it in any way because there are aspects of Federal law that come into play here. When Time Warner submitted the transfer application in June, there is a 120-day window that the Council can review the application and approve or not approve the transfer. That window ended in the middle of October, 2005. We have extended the period until Saturday. If the Council doesnŐt take action tonight it will be deemed approved. Mr. King noted that this window allows time to look at the current franchise and find things that need to be taken care of under the agreement and the City will get those benefits. The reason for the transfer approval is that both Adelphia and Time Warner are interested in a process that is positive.
City Attorney Levin asked if Mr. King could give any assurance to the Council that Time Warner will honor their service the same way as Adelphia has. She stated that she was speaking of things voluntarily carried out by Adelphia that were not actually in the contract.
Mr. King stated that he could not speak for Time Warner, but everything he has seen about Time Warner indicates that they would continue whatever Adelphia has been doing for you. They are interested in getting renewal.
Councilmember Klein moved approval of the transfer subject to the City AttorneyŐs approval that we are getting all the same things.
Councilmember Carroll stated that they said Ňno conditionsÓ.
Mayor Pro Tem Millsap commented that it didnŐt make any difference because if we donŐt approve it tonight, it will automatically be approved.
Mayor Pro Tem Millsap asked if there are any other cable providers that we can go with if we are not satisfied when we negotiate next year.
City Attorney Levin explained that there are other cable operators and at the time of renewal you will have the opportunity to negotiate all of those issues.
City Attorney Levin explained that due to the time frame that has been presented to us, you need to either approve or disapprove immediately. A conditional approval would mean that if we canŐt get verification you are disapproving it.
Mayor Douglas noted that Councilmember KleinŐs motion failed as there was no second.
Mr. King commented that Councilmember KleinŐs message has been strongly delivered and he will take the message to Adelphia and Time Warner.
City Attorney Levin stated that they have the direction that if we receive anything less than full cooperation from Time Warner we will bring back a list of other Cable operators.
Councilmember Klein moved to approve the Adelphia to Time Warner transfer. Councilmember Carroll seconded the motion and it was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
COUNCIL DELEGATE REPORTS
There were no reports.
COUNCIL COMMENTS
The Council agreed to meet on December 1, 2005 at 5:00 p.m. to interview the five Architect companies.
Councilmember Klein explained that the Architects will each give a 15-minute presentation and the Council will spend 15 minutes asking any questions that they might want answered. He stated that we could bring back any that we want to see again.
Councilmember Carroll commented that he went to an interesting Water Task Force meeting today at Chino. The Inland Empire Utility Company has just built a Ňgreen buildingÓ. They had a platinum lead certification. We walked over ŇpermeableÓ concrete and we saw all native vegetation. He stated that the Ňgreen buildingÓ was very interesting.
Mayor Douglas reported that HOSEC is on hold because AERA still does not have their EIR out, so we are on hold with the money that we set aside for HOSEC.
Councilmember Klein explained to Interim City Manager Ruth that last year the Council agreed that we would be open at Christmas no less than three days, so we will be open on Wednesday of that week. We agreed that we would at least have a skeleton crew on.
Interim City Manager Ruth noted that he would see that the City is open on Wednesday.
Mayor Douglas adjourned the meeting at 10:18 p.m. to a Closed Session and stated that they would be back for the regular adjournment after Closed Session.
The City Council returned from Closed Session at 11:10 p.m.
Mayor Douglas asked the City Attorney if there were any reportable actions.
City Attorney Levin noted that there were no reportable actions in Closed Session.
CONTINUED PUBLIC COMMENTS ON THE AGENDA AND NOT ON THE AGENDA
There was no Public for Public Comments.
ADJOURNMENT
Mayor Douglas adjourned the Meeting at 11:11 p.m. to Special City Council Meeting of December 1, 2005.
ATTEST:
_________________________________
Ronald Bates, City Manager
for Interim City Manager James Ruth