CITY OF LA HABRA HEIGHTS
MARCH 9, 2006
á PUBLIC EMPLOYEE PERFORMANCE EVALUATION
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.
á EXISTING LITIGATION
G.C. 54956.9 ©
One Case
1. CALL MEETING TO ORDER
Mayor Douglas called the Regular City Council meeting to order at 1245 Hacienda Road at 7:45 P.M. and noted that there was reportable action taken in the Closed Session.
City Attorney Levin reported that on the Item to initiate litigation, the City Council has instructed us not to initiate litigation based on the fact that we have reached agreement with regard to 707 Dorothea on some terms that would allow the City Council not to initiate litigation as to the Code enforcement on the site because the applicant is moving forward with an application and is agreeing to terms that will protect the City and make sure the property is remediated and landscaped.
2. ROLL CALL
City Council – Mayor Douglas, Mayor Pro Tem Millsap, Council Members Bergman, Carroll, and Klein. Staff – City Attorney Levin, City Manager Bates, Budget/ Accounting Officer Vega, Community Development Director Powers, Fire Marshal Hill, Fire Chief Nielsen, Sheriff Lieutenant Claus, and City Engineer Cayir.
3. FLAG SALUTE
Carol Engelhardt led the flag salute.
4. PRESENTATIONS
Public Works Committee – Chairperson Jerry Shipman noted that much has been accomplished in the City in the last two months. He gave credit to the new Administration. They hope to finish Zone 3 and Zone 4 maintenance this summer.
Emergency Preparedness Committee – Chairperson Kathy Sauble explained that the theme for the month is ÒMake a PlanÓ. We need to plan for emergencies and should get training whenever possible. She listed items that residents should be sure to have. We will be distributing helpful information at the May 20th Avocado Festival.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON
THE AGENDA
0:17:05
5. CITY MANAGERÕS REPORT
City Manager Bates reported on the fee study for the Community Development Department; the City website; Hacienda trail including a long term solution for drainage on the trail; new part-time staff maintenance worker will perform cold patching; authorization by Court order to inspect the Robertson property; Edison Company will have a 17% rate increase next year; spam problem on the computers – looking for a solution.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin answered the questions about the wording of the Weed Abatement Notice. She stated that the wording is required by the State. If there is no nuisance on the property, there is nothing to worry about. The dirt removal is any in the public right-of-way at the property.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director Powers noted that they are trying to find a solution to gravel being tracked onto the street on Las Palomas, Nabal and Ardsheal; find a better way to communicate to the City Council activities and projects of Public Works.
8. FIRE CHIEFÕS REPORT
0:32:58
It is recommended that Items 10a and 10b be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action is requested by a Councilmember or a member of the audience.
10.a. APPROVAL OF WARRANTS – February 2006
Mayor Pro Tem Millsap asked for information on check numbers 45048, 45126, 45177, and 45146.
Councilmember Bergman offered a motion to approve the February 2006 Warrants. Seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10.b. TREASURERÕS REPORT – January 31, 2006
TreasurerÕs Report has a total of $7,087,170
Mayor Pro Tem Millsap asked for clarification that the figures on District 1 were all interest. Date listed is 7/31/04; should be 2005.
Mayor Douglas asked if the figures for the January 2006 payments to the Engineering Department are just estimated figures.
City Engineer Cayir answered that they are estimated figures.
Mayor Pro Tem Millsap offered a motion to receive and file the January 31, 2006 TreasurerÕs report. Seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The Council discussed the danger of residents running out of bond money available to the City when financing their projects. It is not up to the City to finance them.
City Manager Bates explained that when we finish the fee study we should be able to give much better data and keep ahead of the projects. Some of the projects were using up their deposit very quickly and we are monitoring them closer now.
0:48:50 – Intermission for setup of Item 16. 8:33 P.M. The City Council reconvened at 8:48 P.M.
1:03:46
Mayor Douglas noted that Item 16 is being taken out of order.
16. FIRE STATION/CITY HALL FINANCING
RECOMMENDATION: That City Council: l.) Consider the presentation by Wolff, Lang and Christensen and the City Manager; 2.) Set the Town Hall Meeting for March 23 at 7:00 P.M. and direct staff to provide appropriate notification; 3.) Award the Topographical Survey work for the Fire Station/City Hall Complex to Wolff, Lang and Christensen and authorize the City Manager to sign an agreement in the amount of $9,500.
Staff Report:
Kelly Needham, WLC, explained that after the last meeting we considered two issues; construction costs and ways to cut down the size of the facility. We have adjusted the square footage and cost per square foot to what we believe is a more reasonable reflection of what will happen this year. The Fire Chief has tentatively agreed to omit the 4th bay and place the fire engines in a carport structure. The City Hall is already about the size of many houses being built. Mr. Needham presented Option 1, the revised plan, and noted that you could bid City Hall as a stand-alone item. Option 2 would have City Hall in modular buildings and moving the Council Chambers into the training area of the Fire Station. This option would be slightly less in cost, but would be more expensive in the long haul. Option 3 is the Campus Plan discussed last time. This option would be six structures including the carport. It does eliminate some parking space and would be the most expensive option. Option 4 is the revised footprint of the Fire Station with the Council Chamber. Option 5 remains the same except we have moved the Council Chamber nearer the creek.
City Manager Bates continued the Report with a preliminary analysis of the funding for the Fire Station/City Hall Complex. Mr. Bates noted that the options for financing we have are:
1. Certificates of Participation
2. Private Financing
3. Calease Public Funding Corporation
This is for financing $3,000,000 for 20 years and the City would be able to fund this project without any increase in taxes.
The City Councilmembers discussed the information.
Councilmember Klein asked the City Manager to figure what the cost would be if it came to taxing the residents at some point.
City Manager Bates noted that he would look into it.
Councilmember Klein noted that he preferred the campus style shown in Option 3 and discussed ways he thought could cut the cost.
Kelly Needham noted that most Fire Departments want their facility very compact and the City Hall Complex could be in the Campus Style.
Fire Chief Nielsen noted that he would rather have the Fire Administration very close to the apparatus facility for responding quickly when there is a call. He stated that he liked the way it is laid out on Option 1.
The Councilmembers directed Kelly Needham to bring the Options we looked at tonight and also the one that shows the front of City Hall facing Hacienda Road along with side views of all for the Town Hall Meeting.
Councilmember Carroll offered a motion to consider the presentation of WLC, set the Town Hall Meeting for March 23 at 7:00 P.M. and award the Topographical Survey work to WLC in the amount of $9,500. Seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
2:03:04
PUBLIC HEARINGS
17. WEED ABATEMENT PROGRAM
RECOMMENDATION: It is recommended that the City Council: 1.) hold a public hearing to hear objections from property owners on the proposed removal of weeds, rubbish, refuse and dirt in front of properties in the City. 2.) Adopt Resolution 06-05, overruling any objections to the proposed removal, ordering the removal beginning on May 1, 2006, authorizing necessary inspections, and taking related actions.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS PROVIDING FOR ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT UPON AND IN FRONT OF IMPROVED, UNIMPROVED, DEVELOPED AND OTHER PROPERTIES IN THE CITY.
City Manager Bates presented the Staff Report, noting that at the February 9, 2006 Council Meeting the City Council directed staff to proceed with the Weed Abatement Program.
Fire Marshal Ken Hill reported progress on the Weed Abatement Program, the weed abatement notices have been sent out with notification to the public of this Hearing giving any owner a chance to note their views of the City having the ability as of May 1, 2006 to abate property that has not been completed and recover the cost. He stated that they have completed about 25% of their first inspections. He recommended that the Council approve this for the legal requirements.
Mayor Douglas opened the meeting for Public Comment.
Luis Ramirez, Las Palomas, stated his concern that the way the notice was worded that he was in violation.
Mr. Hill noted that the wording was a legal requirement and we do take circumstances in consideration. This just allows us to abate after May 1 if people are still in violation.
Mayor Douglas returned the meeting to the City Council.
Councilmember Bergman offered a motion to adopt Resolution 06-05 for weed abatement program. The motion was seconded and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Douglas asked that they move to Item 12 out of order, which is also a Public Hearing.
12. CDBG FUNDING
RECOMMENDATION: Adopt Resolution No. 06-04.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF LA HABRA HEIGHTS AND THE CITY OF HAWAIIAN GARDENS, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (ÒCDBGÓ) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2006-2007.
City Manager Bates reported that this is the same approach we have been using in past years. We are exchanging the money we get for Community Development that we cannot use for another cityÕs General Fund money at about .65 cents on the dollar. This would total $15,673 for our General Fund.
There was no public comment on this item.
Councilmember Carroll offered a motion to adopt Resolution 06-04 for exchange of CDBG money with the City of Hawaiian Gardens for General Fund money. The motion was seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Douglas returned to Item 11.
2:11:32
NEW BUISNESS
11. FY 2005-06 MID YEAR BUDGET REVIEW & REQUEST TO AMEND THE FY 2005-06 BUDGET TO AGREE WITH THE ESTIMATED RESULTS FOR FY 2005-06.
RECOMMENDATION: That City Council amend the FY 2005-06 Budget to agree with the amounts reported as ÒEstimated Results for FY 2005-06.Ó
City Manager Bates noted that when they initially viewed the Budget they had some concerns that the expenditures were running very close to incoming revenues. There were additional expenditures and the biggest cause was that a number of costs were being charged to the General Fund that should have gone to other accounts. After those corrections, we are now running a little more than $300,000 as a plus balance for Reserve in the General Fund by the end of this current year.
Financial Officer Freddie Vega gave a presentation of the FY 5005-06 Mid-Year Budget Review. This consists of seven months of actual data and we projected the last five months of this fiscal year. Mr. Vega noted that the six major funds investigated were; General Fund, Fire Fund, District #2, District #3, Capital Improvement Fund and the Fire Facility Fund. The fiscal impact will be that by the end of this fiscal year we expect to have a carryover of $352,000 compared to a budgeted carryover of $171,000.
Mr. Vega recommended that the Council transfer $2,900,000 from the General Fund to the Capital Improvement Fund and transfer $200,000 from the Fire fund to the Fire Facility Fund for the FY 2005-06 budget.
Councilmember Carroll requested that the City Manager look at ways to reduce the City Attorney Fees.
The Council discussed the Fire Fund operations deficit.
Councilmember Klein requested that Mr. Vega and the City Manager look closer at whether they need to adjust the Fire/Safety Fee.
Mr. Vega noticed that the billing for paramedic services has gone out and the money is slowly coming in. He stated the billing, covering about one year, totaled about $15,000.
The Council discussed the need for having ready money for fire equipment. It was noted that we always need to be prepared for unexpected expenditures.
Mr. Vega answered a question about GASB 34 (accounting for fixed assets), noting that we are in compliance with GASB 34. We are depreciating our assets on the books, however for Governmental accounting it is not shown.
Councilmember Carroll offered a motion to move approval of the amended FY 2005-06 Budget to agree with the amounts reported as Estimated Results for FY 2005-06. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
2:40:53
13. APRIL COUNCIL MEETING
City Manager Bates reported that Council consider moving the Regular April meeting to April 20, 2006 to accommodate Spring Break.
Councilmember Carroll offered a motion to move the Regular April meeting to April 20th to accommodate Spring Break. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. SPEED SURVEY
RECOMMENDATION: Approve Resolution no. 06-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE
MARCH 2006 ENGINEERING AND TRAFFIC SURVEY (SPEED ZONE) STUDY.
City Manager Bates reported that they found a need to update our speed survey. With some quick action from Transtech we were able to get that information. He noted two errors. In the second line, make the word ÒACCEPTINGÓ and under the ÒNOW, THEREFORE, BE IT RESOLVEDÓ clause, we donÕt need to resolve the same thing twice.
City Engineer Cayir commented that the survey is valid for seven years. We looked at 18 locations, which included two new locations. Our recommendations include reduction of speed at six locations and new speed limits posted at two new locations. Mr. Cayir explained that the streets surveyed were determined by the SheriffÕs Department and the previous Engineer and we and the Sheriff came up with two more locations. Locations not listed are considered prima facie and are considered 25 miles per hour and do not need to be posted.
City Manager Bates noted that the City asked the County through the Supervisors Office about the possibility of replacing some of the older speed signs. They noted that they would consider it, but it is not high on their list.
Councilmember Carroll offered a motion to approve Resolution No. 06-06 to adopt the Engineering and Traffic Survey (Speed Zone) Study. The motion was seconded as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
2:52:19
15. EMERGENCY REPAIRS ON COBAN NORTH OF KASHLAN ROAD
RECOMMENDATION: That City Council after making appropriate findings authorize emergency repairs for Coban Road north of Kashlan Road awarding the contract to G.M. Sager Construction in an amount not to exceed $29,175.
City Manager Bates noted that this is probably the worst location in the City. Bids were obtained and he suggested that the Council consider this an emergency situation and accept the bid from G.M. Sager Construction for $29,175.
Mayor Douglas noted that we should watch such situations much closer and not ignore until they are so bad. There were several reasons for this problem getting so out of hand.
City Attorney Levin noted that the motion should include the finding that this is an emergency situation that does not allow adequate time to engage in a full bidding process.
Councilmember Carroll offered a motion with findings that this is an emergency situation that does not allow time for a full bidding process and accept the bid for the Coban Road repairs by G.M. Sage Construction not to exceed $29,175. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CITY COUNCIL COMMENTS
Councilmember Carroll directed that they place the issue of whether the Parks and Recreation Commission Meetings be televised and also the legal advantages of designating the Parks and Recreation Commission a Committee on the next agenda.
Councilmember Klein noted that at the WCCA meeting the LA County representative has retired and has been replaced by Dick Simmons. The Harbor Tunnel is complete and they will have a dedication on April 13, 2006.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Sue Lung, Coban Road, expressed her concern about the danger caused by the road problems and she asked when they thought it would be repaired.
City Engineer Cayir noted that it would be done within a month.
Councilmember Carroll reminded everyone about the Home Tour on Sunday April 23, 2006 from 11:00 A.M. – 5:00 P.M.
ADJOURNMENT
Mayor Douglas adjourned the City Council meeting at 10:48 P.M. to the next Special City Council meeting on April 20, 2006.
ATTEST:
___________________________________
RONALD BATES, CITY CLERK