CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE
LA HABRA HEIGHTS CITY COUNCIL
DECEMBER 8, 2005
The City Council finds, based on advice from legal Counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
(G.C. 54056.9(b))
Existing code violations and failure to fulfill conditions of approval regarding 707 Dorothea Ave.
G.G. 54956.9(b)(3)(B)
G.C. 54957
Title: Community Development Director
G.C. 54957
1. CALL MEETING TO ORDER
Mayor Douglas called to order the Regular Meeting of the La Habra Heights City Council on December 8, 2005 at 7:37 p.m. in the Community Center, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Members present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman, Carroll and Klein. Also Present: City Attorney Levin, City Manager Bates, Fire Chief Nielsen, Community Development Director Massa-Lavitt, City Engineer Cayir, Sheriff Lieutenant Claus and Deputy Bickel
3. FLAG SALUTE
Jerry Shipman led the flag salute.
Mayor Douglas thanked the Historical Committee for the holiday decorations in the room and providing coffee. Mayor Douglas noted that the Historical Committee will be coming to see the City Manager to request his support to display some of our historic records and artifacts that are now stored back of the Council Chambers.
á Kathy Sauble, Emergency Preparedness Committee (EPC) Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Ms. Sauble thanked the new City Manager for meeting with her and welcomed him to the City.
Ms. Sauble noted that the County theme for this month is ideas for gifts of emergency needs. She stated that the list was extensive so she would not read it. However, copies are available for residents.
Ms. Sauble noted that people had talked to her about their concern with mail theft. She stated that a person could get a post office box that is locked or they can get their own locking mail box. This is a good reason to start a neighborhood watch, which the Sheriff will help you begin.
Commissioner Carroll commented that he recently put in a locking mailbox and was told that the Post Office no longer does that.
Ms. Sauble noted that you should talk to the Post Office about what they can provide.
Ms. Sauble noted that if there is anyone who needs help doing things for preparedness or they have special needs she would be glad to meet with them and help determine a suitable plan.
Ms. Sauble commented that she attended the Presbyterian drill and will attend La MiradaÕs debriefing from their drill and EPC will be working on what we have learned from these drills.
á Public Works Committee.
Jerry Shipman noted that most of the roads are in good shape, but we are very vulnerable to sustained rain because we have not repaired the roads from the damage last year. There is some good news; Hacienda Road has been prepared for winter, the sandbags are in place, cracks have been sealed, plastic is in place, the lanes have been moved over several feet and it seems to have slowed the traffic a little. The FHWA funding application has been submitted again, but we canÕt really expect funds until early February. If the specs are ready by that time it will be two months after that before the work is actually done. We canÕt expect Hacienda to be finished before summer. Mr. Shipman noted that the last yearÕs storm damage fell into two categories, undercutting and trenching. Neither have been repaired to this date. Mr. Shipman explained that several roads have sustained major trenching along the edge of the road and another good rain will undercut the road and cause a failure, which we will be responsible to pay for fixing as we wonÕt get any more funding from FEMA for that. The trenches will have to be filled with two-inch rock. Mr. Shipman noted that we lost a lot of pavement last year and the County was contracted to apply cold patches to allow cars to use the road but if the sections arenÕt inspected and repaired and berms established we will have the same problem as last year, and we will have to pay for any further damage.
Mr. Shipman commented that we have a drainage problem at Hiatt and Walnut. It is clogged and the clog is inaccessible and causes the water to run across the road and down the hill to a private road. Last year a significant part of the bank was lost and part of the road. It was decided that the drain needs to be replaced, but the easement status of the private road is not understood so we donÕt know what will be done.
Mr. Shipman noted that there is another drain problem at the west end of Dorothea. The natural water flow has been altered. This needs to be funneled into a drainage system that is connected with La Habra. This also involves an easement problem, which does not seem to be understood.
Mayor Douglas noted that they will ask the City Engineer for further information on some of these problems during the City Engineers report.
á William McDermott, Puente Hills Landfill Native Habitat Preservation Authority, will present their Quarterly Report.
Bill McDermott noted that the Habitat Authority is a Local Government Park Agency that is dedicated to acquiring, managing and restoring space in our local hills. The web page is Ōhabitatauthority.orgĶ.
Mr. McDermott commented that the Habitat Authority has hired a Community Outreach person, Meaghan OÕNeill. She has produced an activity calendar for the Habitat Authority. He noted that there are copies on the back table and every resident should have one. Mr. McDermott commented that there will be a Winter Solstice event in The Park on December 21, 2005 from 6-8 p.m. Residents are encouraged to bring a picnic basket and blankets. There will be a campfire and a storyteller. He mentioned several other events that are planned.
Mr. McDermott spoke on the progress of the Harbor Boulevard underpass. He explained that the work is performed by LA County and is paid for by Federal TEA Grants and the Habitat Authority. It costs a little over $1 million. The project is scheduled to end in February. Along with this, Cal State Fullerton is under contract to monitor animals before the tunnel is built and when the tunnel is complete, figuring the success of the tunnel in avoiding road kill.
Mr. McDermott noted that the resource management plan is being prepared as a guide on how open space can be managed, based on scientific and biological information. A trails plan is part of this. He stated that the Hacienda Hills Trailhead was opened on September 22, 2005, at the end of 7th Avenue and Orangegrove Avenue in Hacienda Heights.
Mr. McDermott noted that the video, ŌLiving on the EdgeĶ is still available.
Mayor Douglas complimented the Habitat Authority on the restoration of the Open Space that they have acquired. He noted that Mr. McDermott has brought fanny pack holders for water and keys when hiking that anyone here can take advantage of tonight.
Commissioner Klein mentioned the Winter Solstice celebration in The Park and confirmed that it is December 21, 2005. He stated that the campfire is causing some questions.
Fire Chief Nielsen noted that he had been in contact with Meaghan OÕNeill today and she was not aware that a permit was needed to have a campfire. We will be meeting on Monday with her and the three Rangers that are going to be in charge at that particular event.
Stephen Blagden, Citron Road, spoke on the Alquist Priolo Act. Three subdivisions have been approved in the last year or so where at least part of the land was in the Zone. He recommended the following:
1. The Act does provide for retroactive studies and that the City should require any new residential construction or significant remodeling occurring in the Zone to follow the requirements of the Act, the Geologic studies review, and to apply any mitigating devices. Over time this will lessen the exposure of the City to liability and will assure that vacant lots and developers see the scrutiny they should have received at the time of the subdivision and protect residents health and property.
2. Divisions that have been approved but not recorded should immediately be required to perform the required studies if they have not done so and make any necessary changes including voiding of any dangerous divisions.
3. The City Engineers office should have an Engineer and Geologist or a Civil Engineer proficient in seismic issues and hillside geology to perform the studies needed.
Carol Engelhardt, Chairperson for Parks and Recreation Commission, noted that they have started working on the Avocado Festival. Commissioner Alan Boval is working as Chairman of that event. The Festival is scheduled for May 20, 2006. We are looking for volunteers to help with all kinds of jobs for the Festival. If you are interested, contact City Hall. Ms. Engelhardt commented that for the holiday we will decorate the Gazebo at 11:00 a.m. Saturday and it would be nice if someone from the Council would stop by. Ms. Engelhardt also noted that people picking up trash on Hacienda Road meet at 8:00 a.m. Sunday at The Park.
Carol Engelhardt noted that the Parks and Recreation Commission is trying to get monthly reports started on maintenance at The Park brought to us by neighbors. Mr. Quade brought up items of maintenance to us two months ago and we are working with staff trying to get updates on those items to see that they have been handled or referred.
Ms. Engelhardt also stated that we would like to be getting more information about how much money from grants might be available for improvements and we would like to have some input on suggested Capital Improvements.
Ms. Engelhardt noted that we had a wonderful report from Meaghan OÕNeill from the Habitat Authority and we would like to work more closely with them, and make it easier for residents to participate either in the Open Space project or in social type projects. One of the events we are thinking about is an All Heights Pet Show.
Ms. Engelhardt stated that the Commission would like to find a way to tell the Community what we are doing and find a way to publicize what the Habitat Authority is doing, possibly in The Top of the Heights.
Mayor Douglas commented that she brought up some good points and we are trying to get The Top of the Heights going again and get our website up and working. He stated that he liked the outreach that they are doing with the Habitat Authority.
Norm Zezula welcomed the new City Manager, Mr. Ron Bates. Mr. Zezula presented him with a copy of the video, ŌThe Story of La Habra Heights, Land Use Success in a Corner of Los Angeles County.Ķ He stated this will help to understand our Community.
Norm Zezula noted that in the program statement filed by the Care Group Home on Las Palomas with the State, they noted that residentsÕ problems could include arson. Mr. Zezula stated his belief that this was not appropriate to treat in our area, which has a Zone 4 fire hazard designation. The neighborhood may also be difficult to evacuate. We would be unable to enforce that such a problem be placed in a different home. Mr. Zezula asked that the City Attorney write a letter to the Community Care Licensing Division, requesting that any license they issue to the Las Palomas facility specifically exclude arsonists. Mr. Zezula stated that he has written a draft letter, which indicates the approach he is suggesting.
Mayor Douglas asked that the City Attorney Levin consider the importance of this.
4. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
(Planning, Building, Engineering, Public Works, and Code Enforcement)
Community Development Director Massa-Lavitt noted that she would answer any questions about her monthly status report. Ms. Massa-Lavitt explained that they are about to start work on 16 small project repairs on various streets in the City that we received FEMA money for. We are also constructing a V ditch along Hacienda to channel water away from the area that is failing so additional failure is avoided during coming rain before it can be properly repaired. Ms. Massa-Lavitt noted that if there are any questions about areas that we have not addressed, she will be happy to answer them.
Mayor Douglas asked Ms. Massa-Lavitt if she would address the plugged drain at Walnut and Hiatt.
Ms. Massa-Lavitt commented that they are looking into the easement issue on Hiatt. We cannot prepare any plans until we know whether there is a legal easement in the area in order to do any improvement. If there isnÕt, we will have to obtain an easement to put in the drainage that will save those properties from damage. As for the drain at the end of Dorothea, everyone was under the impression that there was an easement there going down into the Reserve that would accommodate the water that is generated from Dorothea. That easement was never on the map and was not recorded, so we are looking into obtaining an easement for that. We need to negotiate with the Reserve in order to get that into place.
Ms. Massa-Lavitt also noted that there is a drain on Chota. We are plugging it and channeling the water to a drain farther down the slope in order to protect a failure at an outlet across Chota Road. We anticipate starting the smaller projects through the City the third week of December. You will be seeing the County crews working on that. We will be seeing about nine truckloads of gravel next week and it will be placed on our new property for stockpiling and we will be using the soil that is stockpiled there and the gravel that will be brought in for those small projects. Ms. Massa-Lavitt noted that the County has work orders in their computer now to clean out the drains.
Councilmember Carroll noted that it is getting harder to drive from Avocado Crest to Hacienda Road and asked if Mr. Cayir had a report on this.
Engineer Cayir explained that he spoke to the County and they asked that we submit plans for any work that we do on Avocado Crest for a right turn lane addition. We can widen the north side of the street by 10 feet, but there is a tree at the corner that might have to be removed. It creates a sight distance issue as you approach Hacienda Road and there is a drainage on the northeast corner that would have to be relocated. The estimate of $25,000 that was given to you about a month ago remains the same.
Mr. Cayir noted that he spoke to the Traffic Engineer for La Habra to see if they can do something with the signal timing at the signal by the school to create some gaps in the traffic flow on Hacienda Road. He recommended that they max out the green time for Hacienda Road and then divert the signal back to the side street for 15 or 16 seconds of green to create a gap. The side street turns green only if a car is sitting on the loop and minimum time is only a total of 8 seconds altogether and Mr. Cayir asked him to at least double that. The La Habra Engineer stated that he would consider that, but the best thing would be to buy a new controller as the one there is very old and it cannot accommodate different timing plans at different times like newer ones, and he indicated that he would like us to pay for a new controller. It would be $4.000. He will get back to Mr. Cayir next week.
Councilmember Carroll also mentioned that in some places they have a sign on the road that says ŌDonÕt Block This AreaĶ or ŌKeep ClearĶ. This might be affective at Avocado Crest on Hacienda Road.
Mr. Cayir stated that we could consider that.
The Community Development Director Massa-Lavitt noted that the new Zoning Ordinance is moving ahead.
5. FIRE CHIEFÕS REPORT
Fire Chief Nielsen commented that if you have a real Christmas tree in your house, keep it moist and keep it a safe distance from your fireplace. Chief Nielsen noted that for outside lights, do not string more than three strings of lights together on the same outlet and be sure that it is UL rated. He also stated that you should not place fresh pinecones in your fireplace. The sap will cause them to explode like hand grenades.
Mayor Douglas thanked the Chief for the reports on various Fire Department subjects that have been provided.
6. L.A. COUNTY SHERIFFÕS REPORT
Councilmember Carroll confirmed that next month we will be breaking the report down by regions.
Sheriff Lieutenant Claus noted that is true, and due to the time it takes to get our reports it will start next month.
Mayor Douglas commented that we have been having a string of mail theft and vandalism of mailboxes. He encouraged setting up neighborhood watch programs.
Lieutenant Claus noted that they have several neighborhood watch programs set up in L.A. County. He noted that the programs are only as good as the participants themselves. They have to be committed to keep them going. This area does present some challenges because houses are away from the street and walls and bushes block the sight to the street. Lieutenant Claus noted that he talked to Lieutenant Ault and she told him that it had been tried before and there wasnÕt much success within the Community. He stated that if someone was interested and would provide their home for a meeting, he would be glad to come out and give everyone information. He stated that the Volunteers on Patrol (VOP) is a very good program.
Ed Borrowe spoke in favor of the VOPÕs. He noted that the program has changed and no longer takes a 12 to 13 week Academy for the training. You only have to attend two Saturdays. If you want to drive you have to take an 8-hour Sheriff driving course. If you donÕt want to take the driver course, you can do some other volunteer programs. Mr. Borrowe noted that they really need more VOPÕs. Call the City or Industry Sheriff Station and tell them you are interested.
Mayor Douglas noted that the VOPÕs need volunteers, the Parks and Recreation Commission needs volunteers for the Avocado Festival and Jerry Shipman just got someone to help on the Public Works Committee.
Mayor Douglas asked the Sheriff for an update on the mail theft.
Lieutenant Claus explained that mail theft usually occurs on one street, on one day by the same persons. It is hard to stop. If we have people watching out, let us know if you see anything unusual. He stated that he will have a handout for the next meeting that will tell you how to protect yourself from mail theft and what to do if you are a victim of mail theft. Lieutenant Claus noted that if a person is not sure they want to volunteer we have a ride along program that may help them decide.
Mayor Douglas stated that residents need to be more observant.
Mayor Pro Tem Millsap stated that on the mail theft they seem to be prying open some of the locked boxes and seem to know which people do not pick up their mail. What are the directions that the mail carriers get about continuing to place mail in a box that has been pried open?
Lieutenant Claus noted that if you have had mail theft you have the opportunity to have your mail delivered to your home. If you have, you should make a police report, take photos and write the Post Master General requesting that your mail be delivered to your home and they will come out and inspect the area and tell you whether they will or not.
FINANCIAL MATTERS
7. APPROVAL OF WARRANTS - November 2005
Mayor Douglas commented that there were a lot of plumbers working here but there doesnÕt seem to be any hot water at City Hall.
City Manager Bates explained that they were having trouble getting heat in this building. They had to get under the old equipment, pull it out and clean it, then put it back to get heat to this area.
Councilmember Carroll offered a motion to approve the November 2005 Warrants in the amount of $318,535.87. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The TreasurerÕs Report consisted of:
Bank of New York Cash with Fiscal Agent
Bank of America Business Checking Account
Petty Cash Disaster/Emergency Fund
Petty Cash Operations
Cash in Box Change Fund
Councilmember Klein offered a motion to receive and file. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. IT IS RECOMMENDED THAT ITEMS 9.a AND 9.b. BE ACTED UPON BY ONE 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 – NOVEMBER, 2005
9.b. CITY COUNCIL MINUTES – SPECIAL MEETING OF OCTOBER 20, 2005
Mayor Douglas offered a motion to receive and file Item 9.a. and approve Item 9.b. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Douglas commented that there has been a request to move Item 13 forward and take it out of order as the next Item.
13. FIRE STATION/CITY HALL COMPLEX – SELECT ARCHITECT AND/OR APPROVE CONTRACT.
City Manager Bates reported that on December 1, 2005 the City Council interviewed five Architectural firms to work on the Fire Station/City Hall complex. After very detailed presentations by the Architectural firms and discussion by the Council, the Council identified the firm of WLC Architects as the most responsive to the City needs. Mr. Bates requested that the Council direct the City Manager to negotiate a Contract for Council approval with WLC. He added that as part of the process, what we would anticipate doing is moving forward with the preliminary design work once Council approves an agreement and involving the Community in looking at various concepts to try to design an attractive yet efficient, simple, easy and inexpensive to build facility.
Councilmember Carroll asked what the charge was for WLCÕs services.
Mr. Bates noted that the price for WLCÕs services was $38,000 and that would get us some of the preliminary work to get some concepts to look at, to work with Council and the Community to try to identify those concepts and at the same time, we would want to take a look at some survey work for them and some geotechnical work to make sure whatever concepts they bring up can be done on the site. City Manager Bates answered Councilmember Bergman that WLCÕs charge was the lowest of the firms, although that wasnÕt the only reason they were chosen.
Councilmember Carroll commented that some of the charges went as high as $75,000.
Mayor Douglas also noted that WLC would not charge for any duplication of the work already done at this time.
City Manager Bates noted that we should be coming out of this with some preliminary cost estimates to help us with some detailed information on how this would be paid for and if we have available sufficient funding to build the project.
Councilmember Carroll noted that he did not see any mention in the contract that they would apply the $38,000 to further cost if they were chosen and asked for clarification that the $38,000 would be applied.
City Manager Bates commented that this is a preliminary proposal and we would take it and incorporate it as part of the ultimate agreement that we bring back to the Council.
Mayor Douglas opened the Meeting to Public Comments.
Ed Borrowe, commented that many residents are concerned with what the Council is doing. Mr. Borrowe stated that he figures that the Council has spent about $85,000 just to come up with this preliminary information. All the firms noted that this is the most expensive time to build a facility. Mr. Borrowe asked that each Council Member acknowledge that they will put this to a vote of the citizens.
Councilmember Carroll stated that he had no problem with having it go to a vote of the Community since it involves their tax dollars as long we have something concrete that they can look at as to how much it would cost and what it would look like.
Councilmember Bergman commented that nobody has decided on the exact square footage yet.
Ed Borrowe asked that whatever you come up with, would you be willing to put it to a vote of the Community?
Councilmember Bergman stated that there would have to be more information before such a decision could be made.
Mayor Pro Tem Millsap stated that she was not clear on what Mr. Borrowe wanted the Community to vote on.
Ed Borrowe explained that whatever the Council comes up with, would they be willing to have the Community vote on it and say yes or no.
Mayor Pro Tem Millsap stated that she would be more willing for a vote on how to pay for it, but she noted that the City Attorney might need to comment on some legal areas. She stated that she thinks the residents know that this is a need for Community safety.
Mr. Borrowe explained that Yorba Linda recently got enough signatures to place a referendum on the ballot. In the year 2000 Newport Beach residents did the same thing. Yorba Linda got 15% of the voting residents to sign a petition and it tells their City Council that they cannot do any major projects without their approval. That is a possibility for this Community and you are forcing us in that direction. He noted that the Council is creating a lot of anxiety among the residents. Mr. Borrowe commented that by allowing a vote from the residents the City could have saved a lot of money and staff time.
John Beau noted that this desire to have a vote shows a lack of confidence in the Council. Mr. Beau noted that the Council is elected to represent the residents, and he stated that he thought they would. Mr. Beau stated that he thinks that the Council should stand tall and not commit to a vote. He stated that he didnÕt think it would help the majority of the residents or the Fire Department.
Councilmember Carroll commented that he thinks the turnout would be more than 15% of the residents.
Norm Zezula stated that he is glad that John Beau has confidence in the Council, but regrettable that he doesnÕt have equal confidence in the residents that built the City. He stated that we will spend so much money incrementally on the project that we will have no choice but to proceed. He stated that nothing the Council has done or plans to do is illegal nor conspiratorial. We have constantly rising costs. Where are we going to build the low-cost high-density buildings that we have to build? Our present location does not seem large enough.
Jerry Shipman commented that this project has not been sold to the Community and when they held the Town Hall Meeting they noted numbers of what it probably would cost. Those numbers were a joke and completely unbelievable which made it look like smoke and mirrors and a con game. He stated nobody denies that the Fire Department is in bad shape, but why are we doing the City Hall? It needs to be explained to the residents.
Mayor Douglas stated that nobody on the Council is interested in putting something over on the Residents or spending a lot of money. Mayor Douglas noted that he agreed with John Beau that the Council has to do something. We did look into trying to do something here at the present site and it didnÕt seem to work out. We donÕt know the total cost of doing something at the new site either. Whatever we build it must be efficient and simple. We are not interested in something elaborate, but we need something-cost effective, attractive and functional.
Councilmember Klein commented that if Mr. Shipman thought we were feeding the residents smoke and mirrors, then he has not been listening for the last four years. Mr. Klein explained that we looked at the project on this property and on the new site. We have looked at it as remodels and new buildings and came to the consensus that it is better for the Community to build a new facility at the new site. The Fire Department is the main function of the project and the City Hall is just a small part of the project. The size of the new site allows a larger facility for the number of fire engines we have. Moving to the new site allows us to sell the present site to help fund the new facility. The costs have escalated a lot during the last two years. This is just a fact of life at this time. What we are doing is the next logical step. Depending on what we find out, we will have to separate the office areas from the Fire Station so they will not have to follow instructions for Fire Stations that are more expensive. We need to identify what the costs will be. The costs could continue going up. Our current Fire Station is an abomination, which needs continuous repair. The dormitory is basically a mobile home and it gets a high rate of wear and tear. It is not a 50-year structure. The rest of the Fire Station is an old school. The present site is small and not appropriate for a long term Fire Department. Mr. Klein stated that he supports the move to the larger site. We got a good buy on the three-acre site and it much better suits our long-term needs. We can do what we need in steps. If we got rid of our Fire Department and went with LA County we would find it much more costly and if they took us over they would not want anything to do with the current Fire Station site. They are more likely to build what they want and then bill us for it. Councilmember Klein stated that if the Community thinks we need a referendum and have to vote that is what we will do. He stated that he did not think we need a vote unless we need it to pass a bond issue. The residents will then vote on whether they want to fund it or not. We will keep the Community in the know about what we are doing and why we are doing it. Mr. Klein stated that the residents have shown in the past that they are capable of showing up in force when they care a lot about a subject. He noted that in his opinion Ed Borrowe just doesnÕt want to spend the money. He stated that he has not seen the Community as a whole expressing they are against this project. Mr. Klein noted that the City bought the property that we are currently on and it has appreciated and made money for the Community. The step we are taking is going to give us a good plan for where we are going through the means and within the budget that we will have to work with. He stated that he was not in favor of a vote at this time.
Councilmember Carroll offered a motion that the Council has picked WLC for the next stage of the design schematic and direct the City Manager to negotiate a contract with WLC. The motion was seconded by Mayor Douglas.
Councilmember Bergman explained that when they did the first study and were talking about 24,000 square feet, this was just conceptual and this is why we are hiring WLC. There is no size figure yet. He stated that we have to figure how much money we can spend and work back from there to see what we can build for that. We need to take care of the Fire Station first and see what we can get for the amount of money we have.
Mayor Pro Tem Millsap commented that whatever the residents decide affects all of the Council as we pay taxes also.
Councilmember Carroll stated that he really thinks the residents would do the right thing if there was a vote.
Mayor Douglas considered amending the motion to state that they want WLC to come up with an efficient way to handle the needs of the City.
Councilmember Klein stated that seems to be what the Contract says that we are considering. We will have meetings.
Mayor Douglas stated that he would keep the motion as stated.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap.
NOES: None
ABSENT: None
Mayor Douglas returned the meeting to Item 10.
PUBLIC HEARINGS
10. PARAMEDIC FEES ADJUSTMENT – CONTRACT FOR COLLECTION OF FEES
RESOLUTION NO. 05-23 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING A SCHEDULE OF FEES FOR EMERGENCY MEDICAL SERVICES AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WHITMAN ENTERPRISES, LLC TO PROVIDE BILLING AND COLLECTION SERVICES WITH RESPECT TO SCHEDULED FEES.
City Manager Bates reported that he is recommending that BLS fees be $450.00 and the ALS fees be $671.75. He turned the report over to Fire Chief Nielsen.
Fire Chief Nielsen stated that they have noted what surrounding cities charge for their fees and decided to keep our BLS fees at $450.00 and raise the ALS fees to the LA County fees. Part of the reason is that on almost all of the ALS calls we use medication or equipment, which we do not get reimbursed for. Two of the surrounding cities charge much more than we do. Mr. Nielsen noted that he talked to the Fire Chiefs in those two cities and they regret making the charge on ALS so high as it causes a lot of contention.
Fire Chief Nielsen recommended the City not do their own billing, but contract it out to a professional private billing company, Whittman Enterprises, LLC. 80% of the cities in this area do contract with this company. They are very professional in respect to getting recovery for services.
City Attorney Levin stated that she made some modifications to the agreements on liability that bolster the indemnity provisions to further protect the City against any liability and make sure that the liability is fairly apportioned. She requested that they include these modifications in any motion to approve these contracts. Ms. Levin noted that this is a public hearing that is required for any adjustment to the paramedic fees.
Mayor Douglas opened the meeting for Public Comment.
There were no Public Comments and Mayor Douglas returned the meeting to the Council for discussion.
City Attorney Levin commented that there were no written materials or objections received to include in the record.
Mayor Douglas noted that he felt that this was a step in the right direction. Mr. Douglas stated that Paramedic Service is different than Fire Service and separate. Fires are covered by insurance and if my neighborÕs house burns my house is liable to catch fire also. He commented that the Department has recently done a lot of EMS service and that has raised our cost by a couple of thousand dollars a year, and he thought it was appropriate that people pay for medical care. It is appropriate that we check what other cities are paying for this service.
Councilmember Carroll asked if the billing company is going to bill for past services.
Fire Chief Nielsen noted that they would and we are allowed to go one year back for services and this will cover our entire year of paramedic service.
Councilmember Klein asked what the difference is between BLS and ALS.
Mayor Pro Tem Millsap answered that BLS is Basic Life Support and ALS is Advanced Life Support.
Mayor Pro Tem Millsap asked for clarification that Whittman would invoice if the person is transported only by AMR ambulance.
Fire Chief Nielsen answered that any time we respond with a Paramedic unit, we can ask for the Paramedic assessment fee because the Paramedics have made their assessment. It has nothing to do with being transported.
Mayor Pro Tem Millsap commented that Whittman would bill based on the ticket. She asked if they would bill no matter what the level of service.
Fire Chief Nielsen answered in the affirmative.
Mayor Douglas commented that if they are transported there would be a further fee and there is some pass through on that from AMR. He stated that the Chief had told him that most of the emergency services calls (150) 1/3 were from non-residents and 2/3 from residents, but on Hacienda Road there were 17 calls that were checked from non-residents and 2 from residents.
Councilmember Bergman asked if hiring Whittman would increase our collections.
City Manager Bates answered that it would increase our collections since we didnÕt collect anything last year, and they will go back and collect as much as we can from last year.
Councilmember Bergman asked if the company was fairly aggressive on collections.
City Manager Bates noted that they are aggressive, however before we get overly aggressive, after we use them we will come back to the Council.
Councilmember Carroll offered a motion to adopt Resolution 05-23 as amended by the City Attorney in the supplement she provided. The motion was seconded by Councilmember Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
11. REQUEST TO PURCHASE WITH CLEEP FUNDS A PORTABLE SURVEILLANCE CAMERA SYSTEM AND RADAR SIGN
City Manager Bates reported that some of this equipment has been viewed by members of the Council. We are able to purchase this equipment from Fortel Traffic, Inc. for $10,447.53. This is hoped to calm the traffic on Hacienda Road. Originally the budget for this system was $15,000 from the California Law Enforcement Equipment Program.
Mayor Pro Tem Millsap asked if the State requires us to pay sales tax on labor.
City Manager Bates noted that they will check on that.
The Council discussed the items on the invoice that they questioned as not being taxable.
The representative of Fortel Traffic, Inc. noted that they will look it over.
Councilmember Klein stated that they shouldnÕt charge tax on the Modem Monthly fee either.
Mayor Douglas asked that the cost for the pole should be separated from the installation charge for installing it. He asked that the billing be changed so the City doesnÕt have to pay extra tax.
City Manager Bates noted that we will take that as part of the motion and work with the vendor.
Mayor Douglas opened the meeting for Public Comment.
There was no Public Comment and Mayor Douglas returned the meeting to the Council for discussion.
Councilmember Carroll commented that we already have two portable radar signs, why arenÕt we using them and save $10,000. We had to have those signs, but we donÕt use them.
Councilmember Klein stated that those signs were out on the road about a week ago.
The Council discussed the pros and cons for the new radar sign.
Councilmember Klein offered a motion to approve the purchase of the Fortel Traffic radar sign with the CLEEP funds. The motion was seconded by Mayor Pro Tem Millsap.
Councilmember Bergman commented that this money has to be used and is restricted to law enforcement equipment.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
NEW BUSINESS
12. STATEMENT OF INVESTMENT POLICY
City Manager Bates reported that before the Council tonight is consideration and adoption of the statement of investment policy and delegation of investment authority. He stated that this is done annually by the City. City Manager Bates noted that the Treasurer has reviewed this and is willing to accept the responsibility outlined for her.
Councilmember Carroll asked if this is required by State law to be done every year and if there are any changes from last year?
City Manager Bates answered that it is required by State law and there are certain guidelines in the State law that would have to be in the investment policy. Mr. Bates stated that the only change that he knows of is that the City Treasurer has taken on more responsibility in this policy and that seems to be to the benefit of the City. The City Treasurer has to give us the authority in order to make the investments.
Mayor Pro Tem Millsap noted that she thought this is a good thing.
Mayor Douglas opened the meeting to Public Comment.
Having no Public Comment Mayor Douglas returned the meeting to the Council for discussion.
RESOLUTION NO. 05-22 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER AND RESCINDING RESOLUTION 04-06 (INVESTMENT POLICY ADOPTED IN FEBRUARY 2005)
Mayor Douglas moved that we approve the Statement of Investment Policy and adopt Resolution 05-22. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Douglas noted that we already did Item 13. (Out of order) and we will now take the added Item 14.
14. EMERGENCY REPAIRS – HACIENDA ROAD SOUTH OF SKYLINE
City Manager Bates stated that he is recommending emergency repairs on Hacienda Road south of Skyline. We are requesting $20,000 for those repairs. Mr. Bates noted that the City Attorney has requested that he read into the record, three points:
1. These repairs are necessary as an emergency situation, in that if a major failure occurred on the road, we could obtain significant damage to vehicles that might be on the road at the time or housing below the road if the road were to fail.
2. Further inspection dictated these emergency repairs. Mr. Bates went with the City Engineer, the Mayor and our maintenance staff to look at some of the detailed issues that we are facing for potential damage where the road is starting to slough off and some drainage is blocked at that location. The need for these emergency repairs when completed will help us get through the winter.
3. Mr. Bates stressed that these repairs are interim and not final solutions to the problem.
City Manager Bates asked Engineer Cayir to comment on a range of what it would cost for potential damage.
Engineer Cayir commented that this emergency measure will reduce the potential failure of the roadway substantially. Should the roadway fail, we can possibly look at expenses in the $1 million to $2 million range overall. Mr. Cayir noted that we applied to Caltrans for $1.8 million in FHWA (Federal Highway Administration) to come up with permanent repairs and fixes of the slope areas as well as the east side of the roadway. We do not have this money yet.
City Attorney Levin commented that this does require a 4/5ths vote from the Council for the emergency funding that is required. In particular, the finding that you need to make is that the emergency situation, in this case the potential for a road failure during the upcoming rainy season, will not permit a delay sufficient to go out to competitive bidding. Ms. Levin explained that the City cannot afford to take months to go out for competitive bidding that might otherwise be required when we are in the middle of the rainy season. The repairs need to be made right away according to the advice given to us by the City Engineer. City Attorney Levin explained that we will document that the repairs to be made are pursuant to the design of a licensed Engineer and make sure that when the interim repairs are completed they are inspected and we confirm that the construction was done to the design as recommended.
Mayor Pro Tem Millsap asked if she is correct that the repairs would cost $20,000 but after that we would incur more cost from the Engineers to go out and evaluate and do the work.
Engineer Cayir noted that the $20,000 covers the whole thing. The Engineers are already here under contract and our time spent on this would not cost any more.
Mayor Pro Tem Millsap asked if the drainage repair that is mentioned in Item 4 of the memo apply to the owner down the slope from the repair.
Engineer Cayir answered that it does and that the owners have been contacted.
Mayor Douglas asked if he can verify that the outlets are not in the right-of-way.
Engineer Cayir explained that the outlets are actually private property. The one on the side is owned privately and the outlet on the north is actually County area, but the problem is the collapsed pipe under the pavement.
There was no Public Comment on Item 14.
Mayor Douglas commented that Engineer Cayir has presented good solutions to this problem. The work done and that planned will help prevent further problems.
Mayor Pro Tem Millsap asked if they would have to close the road to do this work and about how long will it take.
Engineer Cayir explained that they might have to close the road on one side when they expose the pipe under the pavement, but there will be one lane open with flagmen if necessary.
Councilmember Klein moved to approve the budget of $20,000 for emergency repairs to Hacienda Road south of Skyline. We have made the finding that the emergency situation is to avoid a potential road failure during the rainy season that will not permit the months that it would take to go out to the otherwise required competitive bidding since we are already in the middle of the rainy season. The repairs need to be made immediately according to advice given by the City Engineer. The repairs will be pursuant to the design of a licensed Engineer and will make sure that when the interim repairs are completed they will be inspected and we confirm that the construction was done to the design as recommended.
The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
COUNCIL COMMENTS
Councilmember Klein commented that his appointment to the Planning Commission, Bob Wolfe, who was Chairman has resigned. He thanked Mr. Wolfe for his time and dedication. He stated that we should make up a resolution recognizing his dedication. Mr. Klein stated that as his replacement as a regular Planning Commission member, he is appointing Steve Garcia who is now an Alternate. He stated that they will have to agendize and take applications for an alternate, which will be up to the entire Council.
Mayor Douglas asked the City Manager to agendize for the next meeting that the Council will make appointments for the Chairman and Vice Chairman of the Planning Commission. He also noted that we will be looking for applications and suggestions for the Alternate.
Mayor Pro Tem Millsap commented that in years past they have put a notice that there was an opening for Alternate on the video bulletin board and the Park sign. Occasionally it was placed in the Journal and the Whittier Daily News.
Councilmember Bergman noted that he worked on the Planning Commission with Bob Wolfe and expressed his appreciation of him.
Councilmember Carroll stated that he also appreciated his work.
Mayor Douglas asked the City Manager when he expects to have a contract for the Council for the Community Development Director.
City Manager Bates answered that he felt he should have the Contract ready for the Council and the City Attorney in two to three weeks if the Council can find time for a brief meeting then.
The consensus of the Council was to tentatively set the meeting date for December 20, 2005 prior to the Planning Commission meeting.
Mayor Douglas returned the Council to Closed Session at 10:00 p.m
Mayor Douglas reconvened the Council meeting at 10:26 p.m.
City Attorney Levin noted there was no reportable action taken during closed session.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Norm Zezula stated that regarding the comments of Mr. Beau, he had different ideas on the role of the City Council than some others have and he apologized for speaking more sharply than he intended earlier.
ADJOURNMENT
Mayor Douglas adjourned meeting at 10:49 p.m. to the Special Meeting of December 20, 2005.
ATTEST:
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CITY CLERK, RONALD BATES