CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JUNE 8, 2006
CLOSED SESSION
G.C. 54957
Title: City Manager
1. CALL MEETING TO ORDER
Mayor Millsap called to order the Regular Meeting of the La Habra Heights City Council on June 8, 2006 at 7:50 p.m. in the Multi purpose room at 1245 Hacienda Road. Mayor Millsap noted that they have returned from Closed Session and asked the City Attorney if there is anything to report.
City Attorney Levin stated that no reportable action was taken.
2. ROLL CALL
Members present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas and Fred Klein. Also present: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, Fire Chief John Nielsen, Sheriff Lieutenant Michael Claus and Professional Engineer Ali Cayir.
3. FLAG SALUTE
The flag salute was led by Glenn Haynes.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Glenn Haynes, member of the Public Works Committee, reported that they have bids on repairs for zone three. Mr. Haynes noted that they are working to develop ways that the residents can help with City maintenance also how to better communicate with our citizens.
á Parks and Recreation Commission, Chairperson Carol Engelhardt
Chairperson Engelhardt gave an update on the Avocado Festival; she stated they had operated in the black and many organizations made money too; she thanked those that participated, donated, residents who came and those who helped with traffic and parking; City Manager Bates, Mayor Pro Tem Bergman and Mayor Millsap were a great help; there are leftover T-shirts and avocado ice-cream. Our next Avocado Festival will be on April 19, 2007. We recently had the LA County Rabies Clinic with an agility dog demonstration; September 9, 2006 we will have 35 garage sales and on October 7, 2006 we are looking into partnering with the Cystic Fibrosis Organization for a Car Show; we are exploring a dog or animal day; the Parks and Recreation Commission feels we should move ahead with Capital projects and we would like to use some of the money to improve the parking situation at The Park, there are some repairs needed.
Mayor Millsap thanked Kristin Bergman, Stephen Blagden, Venetta Ramm, Edward Flores, Bruce Barrett and SheriffŐs Department for help at the Avocado Festival.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
City Manager Bates reported on the Emergency Preparedness Committee. The theme this month is to protect people from Ňearthquake shakingÓ. We have information on how to do this.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Gary Neeley, representing Assemblyman HuffŐs office, presented Councilmember Douglas with a Certificate of Recognition for his service as Mayor of La Habra Heights.
Janice Slattery, Sharpless Drive, noted that they will have the first meeting of the Fine Artists and Artisans group this month. There are nine members. We will accept more. She also introduced three young people who will be growing items in their garden.
Stephen Blagden, Citron Road, suggested that the City might look at a Fire Station only or doing something here if the cost gets too much for the Fire Station/City Hall project; suggested that all new house and significant remodels should go to the Planning Commission to see how the General Plan and Code are working; the City does not have the resources to enforce the no smoking code; in five years there has been only one citation for smoking; he collected 200 cigarette butts in about 200 feet along Hacienda Road; fines would pay for the Fire Department; he proposed that the road be closed during fire season for fire prevention.
Julie Edwardz, Fullerton Road, thanked the City Manager for meeting with her husband and herself along with several residents, all came up with several good ideas; she would like to clarify some misconceptions that may exist regarding the proposal made to the Council in regard to the donation of the fire engine and the facilities and the related issues surrounding the fire protection on the East side of the City; our intent has been to work within the CityŐs existing program to offer resources at no cost that would provide additional aid to the Community. We are not attacking the Fire Department in any way. She hoped that their brush truck can be used in some way to help the City. Ms. Edwardz noted that they work in broadcast television and video taped both the Historical Home Tour, which has been shown on the local channel 3 and also covered the dedication of the animal underpass at Harbor Boulevard. We will be working on a program documenting the current condition of the Fire Department and City Hall buildings that need replacement for those that may not know the condition of the buildings. We will supply the tools for this project.
George Edwardz, Fullerton Road, thanked the SheriffŐs Department for their quick response to the brush fire occurring on the East side of the City, we saw how mutual aid worked and the firemen patrolling the area were there in 90 seconds. Mr. Edwardz stated that he just wants to prevent any disaster and it is easier to save what we have than have to rebuild. Mr. Edwardz noted that he felt we should do everything we can to foster the volunteer fire program. There are a few other cities that have a good volunteer program.
William Rioch, Casalero Drive, noted that part of what he stated at the last meeting was cut out of the videotape and he stated that he does not think that is fair to people that use the tape because they canŐt get to a meeting.
Mayor Millsap explained that this was a public safety issue because these programs are heard in other areas besides our own City.
City Manager Bates offered to meet with Mr. Rioch to explain further, but he assured him that the only things that are being removed from the tape are those that might jeopardize the public safety in this City.
Mr. Rioch stated that there seems to be a lot of dumping going on in the City. The areas need to be cleaned up.
City Manager Bates noted that they recently stopped someone who was dumping and held him till the Sheriff came.
John Beau, Casalero Drive, thanked Fire Chief Nielsen for explaining in the Heights Life that we are no longer a volunteer Fire Department. He stated that he hoped the spirit of the volunteer concept carries on. Mr. Beau explained that at one time an Engine was parked at a firefighters home and he would respond with it to wherever the fire was and start working on it if he was there first. At that time not as many hours of training were required. Something similar might be possible at this time. You have to keep in mind that it would have to be a 24-7 operation and liability insurance and funding would all have to be considered by the Fire Department.
Norm Zezula, talked about the offer made by Mr. Edwardz to help the Fire Department and noted that in his opinion volunteerism should be encouraged. Place this offer on the next Council Agenda as it deserves a hearing. Mr. Zezula noted that he did not think that parts of the General Plan are being enforced; we worked long and hard to make a new General Plan and if we donŐt enforce all of it this hard work was all for nothing. Planning Commissioner Margarita McCoy who has taught this subject and helped to write the General Plan has noted that it is not being taken seriously. He asked if the rest of the Planning Commission should take her criticism seriously on the 1600 Kashlan Road project.
0:40:18
5. CITY MANAGERŐS REPORT
City Manager Bates thanked the Sheriff for their increased traffic enforcement last Monday night. Mr. Bates updated the status of the Fire Station/City Hall. The survey work has now been completed down to the blue-line stream, has been transmitted to the geotechnical engineer and we expect by next week to have a completed design report by the engineer and in about two weeks from that time both the civil and structural engineers will come up with some cost estimates to remediate the site. Mr. Bates commented that Tanya Uranga is now the representative for the South Coast Air Quality Management District, which we are a member of. He also noted that the Telecom issue is very significant. This bill is draconian for cities. It allows video providers to choose which areas in the community they will serve and lets them ignore the others, not local control. They can work on the streets and do a very poor job of backfilling and leave it to the residents to pay for it. We would like, with the CouncilŐs approval to have the Mayor write a letter indicating the City's concern. Mr. Bates stated he will keep the Council updated on the progress of the high speed rail. Mr. Bates also noted that Mr. and Mrs. Edwardz gave a good view of the meeting between him and four residents from the East Side.
6. CITY ATTORNEYŐS REPORT
The City Attorney had no report.
7. COMMUNITY DEVELOPMENT DIRECTORŐS REPORT
Community Development Director Justin Powers provided a written report. There were no questions on his report.
8. CITY ENGINEERŐS REPORT
9. FIRE CHIEFŐS REPORT
George Edwardz, Fullerton Road, commented that all swimming pools should have a dry hydrant connected to the road so the Fire Department can use it to get water from the swimming pool. This is required in LA County high brush areas. He urged an emergency ordinance for this.
Councilmember Douglas explained that the General Plan prohibits routine dumping of water onto our roadways because they are not part of a storm drain system.
Fire Chief Nielsen thanked the residents who showed support for the Fire Department in the last few weeks. Chief Nielsen clarified that the Department does have an active resident program. Chief Nielsen commented that the brush fire did show that the mutual aid system does work very well. The mutual aid system also worked well when we had a problem recently at the Hacienda Golf Course.
Councilmember Carroll asked Chief Nielsen to elaborate on the situation at the Golf Course.
Chief Nielsen noted that he would rather not talk about this because it is a law enforcement issue.
Councilmember Douglas commended the Fire Department for the Weed Abatement along the roads.
Mayor Millsap noted that a resident was grateful that her daughter helped with her weed abatement even though it took awhile and thanked the Fire Marshal Ken Hill.
10. SHERIFFŐS DEPARTMENT REPORT
Sheriff Lieutenant Claus noted that there had been a stolen car chase from La Habra that ended at Hacienda Golf Course. The suspect was considered armed and dangerous and La Habra Police requested mutual aid from both Orange County and LA County. We requested a helicopter and the suspect was captured the next morning in La Habra.
Lieutenant Claus noted that there had been a problem with the Community Telephone Warning System, and it has now been repaired and there have been more personnel trained for this. Lieutenant Claus noted that he will have information on an upgrade at the next Council meeting.
Lieutenant Claus reported that on June 5, 2006 they conducted radar enforcement on Harbor and found there was much speeding. Within 2.5 hours they wrote 51 speeding citations, towed 3 vehicles of people who did not have a driverŐs license, and took 2 people into custody. We will do more of these radar enforcements. He stated that 90% were over 60 MPH and one was 74 MPH.
It is recommended that Items 11 through 14 be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action on an item is requested by a Council Member or a member of the public.
11. APPROVAL OF WARRANTS
12. TREASURERŐS REPORT
13. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
14. CITY COUNCIL MINUTES – Regular Meeting of May 11, 2006
Councilmember Carroll moved to receive and file and approve Items 11 through 14. Seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
1:06:19
15. FIRE DEPARTMENT ORGANIZATIONAL REPORT
Fire Chief Nielsen stated that he would not speak about the need for a new Fire Station. He presented a brief history of the La Habra Heights Fire Department from inception until now. (1942 – 2006) At the beginning it was 100% volunteer. Chief Nielsen commented that at present we have a first class Department. The number of volunteers gradually declined. Chief Nielsen described where some engines had been parked at one time. They were not satisfactory buildings or area and eventually moved them back to Station 1. He showed where our present station and surrounding LA County stations are in relation to our main streets in the City. LA County responds to some of our calls and we respond to help them at times. He stated that he has found that with the paramedics we have decreased our response time more than most EMS systems. It is better now with the paramedics and the ambulance.
We have an Explorer program of about 30, 16-21 year old students that we train to a certain level when they are interested in becoming firemen. He presented a chart showing the chain of command the Fire Department follows in the City, noting that even he reports to the City Manager and City Council. We have 170 members who are professional. We have only 3 full time staff.
Chief Nielsen noted two of the paramedics and the equipment they must have and also the training they need. We can also request a second paramedic team if needed from mutual aid. We now have a contract with AMR and an ambulance at our station all the time at no cost to the City.
Chief Nielsen presented a picture of each fire truck. He stated that we have training academies and listed the requirements. Graduates then serve a year on probation.
Chief Nielsen explained that each day they have a duty officer, a captain who is responsible for the crew on an incident and will be wearing a red hat; there will be the engineer and three firefighters on the engine, two paramedics and a firefighter on the squad and two people in the ambulance. We have one ambulance dedicated to the City. In case there is a second call at the same time we will respond to the call and the emergency technicians will do what they can until other paramedics arrive from mutual aid.
Chief Nielsen also noted that the ISO rating the insurance companies give us is now a 3 which is better than previously.
City Manager Bates noted that he got financial information from the Anaheim Hills area that to duplicate our Fire Department service would take between $4 and $5 million dollars. Our budget is coming up for $1.2 million for this service.
Mayor Millsap moved to receive and file.
Councilmember Carroll thanked Bruce Thomas for his many years of service to the Fire Department and noted that he is moving.
Bruce Thomas stated that he is moving 15-20 minutes out of Kingman, Arizona and hopes to start a volunteer Fire Department among his neighbors. He stated that he has retired.
1:47:50
NEW BUSINESS
16. AWARD OF CONSTRUCTION CONTRACT FOR ANNUAL ROAD MAINTENANCE PROJECT
Recommendation:
1. Award a contract to Hardy & Harper, Inc. in the amount of $515,953.06 for BID SCHEDULE 2 – HIGHER QUANTITIES.
2. Authorize staff to adjust the quantities up to 35% plus/minus as necessary to utilize the budget amount available for the project.
3. Authorize the City Manager to execute the contract and direct staff to proceed with the project.
4. Authorize the City Manager, in the event the lowest bidder HARDY & HARPER, INC. does not honor the BID SCHEDULE 2 – HIGHER QUANTITIES, award a contract to the second lowest bidder, AMTEK CONSTRUCTION, in the amount of $649,009.85 for BID SCHEDULE 2 – HIGHER QUANTITIES.
City Manager Bates noted that the City is now working on Public Works through District 3 on Zone 4 and possibly part of Zone 5. We have received bids.
Professional Engineer Ali Cayir explained that PS&E in the report means Plans, Specifications and Estimates. Mr. Cayir explained that they have accepted two bids on each Item, to see if there is a savings in getting a larger amount. This did turn out to be true in unit costs of the lowest bid by Hardy & Harper, Inc. Their background information was very positive. We have recommended accepting their higher bid quantities and can still increasing or decreasing the bid quantities by 35% without a change in the unit cost. We looked into this company very closely.
Community Development Director Powers stated that he went over every item that needs to be repaired and how it should be fixed with the Committee member, numbered the item and then went out two times with Transtech and the Roads Committee to verify what they wanted to do to fix the item. Then we look at the budget to match it to the work.
Engineer Cayir noted that they would have a Construction Engineer (the same one) on site to make any decisions. We will have a berm program.
Councilmember Douglas discussed various items involved in the work with Mr. Cayir.
City Manager Bates answered Mayor Millsap that combined in District 2 and 3 we do have $600.000 to cover the bid. He noted that according to the bid we are allowed to change the unit amounts up to 35% and if we should need the second bidder or more money we would come back to the Council.
Councilmember Douglas asked if there are other bad road areas that are not being taken care of by FEMA or part of this project that need attention.
Community Development Director Powers stated that they have made a list of that type of repairs that will be needed.
Mayor Millsap noted that some of the areas that were marked are now showing cracks a little farther down the street from the marked spot.
Glenn Haynes, public works Committee, stated that this time the berms will be slurred. Airoso will get a lot of work as it is badly damaged.
City Manager Bates stated that notification to the residents will be made when each street will be worked on.
City Attorney Levin commented that in working on roots under the street that have disturbed the streets it would be better to work with the owner so the tree is not damaged.
Mayor Pro Tem Bergman suggested that we might look at taking such a tree out.
Glenn Haynes noted that residents do not know what is involved in a lot of these things and it might help to let them know. Root damage of the street is very common.
Mayor Pro Tem Bergman moved to award the contract to the lowest bidder, Hardy and Harper, Inc for $515,953 as recommended. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Millsap called for an intermission at 10:15 p.m. and reconvened at 10:29 p.m.
2:25:00
17. FY 2006/07 ANNUAL BUDGET
Recommendation: That Council take public testimony and review the FY 2006/07 Budget for potential revisions.
City Manager Bates thanked the Budget Committee for their help in preparing the Budget. He explained that the estimated revenue for the General Fund is $2.9 million and the estimated expenditures are $2.6 million. Both Revenues and expenditures are up in this FY 2006-07 Budget. Our property tax base is strong.
City Manager Bates noted changes in the General Fund:
á Increase of the Oil and Gas Extraction Fees by 20% - about $13,000
á Possible increase in the Planning and Building fees for developers – study not complete
á 4% Employee Merit pool for performance - $31,885
á Public Works Supervisor (salary and benefits) - $75,882. The Transtech position $110,000. Report in August
á Use Grant funds for some of the Parks and Recreation CommissionŐs project - $191,180
á Reclassify Budget and Accounting Officer to Finance Director - $3,684
á Reclassify Accounting Technician to Financial Analyst - $2,514
á Re-allocate Staff costs to various departments to better reflect actual time spent per activity
Freddie Vega, Budget and Accounting Officer, stated that we have a balanced budget with a carry over
á For the first time since we started the in-house paramedic services the Fire Budget has been balanced.
á The City intends to encumber the funds and close out District #2 Street Maintenance
and do substantial work on District #3 and prepare engineering work and Capital Improvement Plans to begin District #4
Budget and Accounting Officer Vega noted the detail of the Proposed Revenues and Expenditures for the General Fund concerning the FY 2006-07 Budget.
Mr. Vega noted that General Fund revenues are expected to increase overall by 1.6% and General Fund expenditures are anticipated to increase by 4.6%.
Councilmember Klein suggested that we look into raising our extraction fees according to the rise in gas and oil and if we have to take any steps to change this.
City Manager Bates stated that we might be able to connect this to some type of inflation.
Mr. Vega noted a correction on page 3 that the increase in Development Fees would be $20,000 rather than $40,000. Expenditures will go up about 6.3% instead of 4.6%.
Mr. Vega explained on page 4, at the bottom, right hand column it shows almost $300,000 surplus over the expenditures.
Mr. Vega commented that the Council will have to raise the fire tax to balance the Fire Department Budget.
á The General Fund should end with a balance of $781,490
á The Fire Fund should end with a balance of $704,314
á Maintenance District #2 should end with a balance of $4,593
á Maintenance District #3 should end with a balance of $98,254
á Capital Improvement Fund should end with a balance of $2,656,186
á Fire Facility Fund should end with a balance of $229,165
Councilmember Douglas discussed the importance of policies and the need for updates and changes in software for financial accounting, as changes are needed. Someone needs to be carefully considering grant funds and matching them to what is really needed for the Park.
Budget and Accounting Officer Vega noted that just the software alone would cost about $100,000, updating all of the modules so they will work together.
Community Development Director Powers stated that they are trying to find a fundware module to keep track of hours spent on different projects.
The Council and Staff discussed the Projects the Parks and Recreation Commission plans to have done.
3:01:00
Councilmember Douglas asked for figures on how the Fire FacilityŐs newest updates would be paid for and if we really can pay for it internally.
City Manager Bates stated that he hopes to have enough data on expense figures in about 2 months as to what they can handle.
Councilmember Carroll stated that he would like to see some sort of questionnaire sent out to the residents in September to get their opinion on the project and choices on financing.
Budget and Accounting Officer Vega discussed the Revenue details for the General Fund.
City Manager Bates stated that Staff recommended a raise in Park fees to the Parks and Recreation Commission, Park rental for athletic events and private parties for those who are not residents, but we have not incorporated this into the Budget. The use of the gymnasium is in great demand. He also explained that he would like to hire a part time liaison to work between the Parks and Recreation Commission and the City Staff. This should make the Commission more efficient.
Mayor Millsap noted that Chairperson Engelhardt had asked for a copy of the Parks and Recreation Budget to look over and she asked Mr. Bates to provide that.
Mr. Vega next considered the Restricted Funds and the Capital Projects revenues.
Mr. Vega next considered General Fund expenditures and then summarized each Department.
The Fire budget was discussed, including the large amount charged to them for computers, the phone bill, utilities and the copier.
City Manager Bates stated that he would look at the phone bills for the City to see if they can be improved.
Staff was directed to look into the cost of a better copier for the Fire Department.
Budget and Accounting Officer Vega next considered the Capital Improvements Budget for the new building project. He noted that when we get more information we can decide if it can be done or not.
Mr. Bates noted that if the money is approved, it will be there, but no steps will be taken without the CouncilŐs approval.
Mr. Vega went over the Fund Balances.
City Manager Bates noted that they will bring back any changes or corrections along with Resolutions for implementation to the Special City Council Meeting on June 29, 2006.
The consensus of the Council was to have a summary of the Budget on the City website.
Mr. Bates also noted that by June 29, 2006 the Planning Study on their fees should be finished.
Community Development Director Powers stated that after he looks it over it should be ready to present to the Council at the next regular Council meeting.
CITY COUNCIL COMMENTS
Councilmember Carroll reported on the Contract Cities Seminar.
1. Long Beach talked about ways to control the increased truck traffic.
2. Assemblyman Huff noted that considering the information from the legislature concerning the bond issue that was adopted, some of the things they were told were in the legislation and advised to vote, they found were not included.
3. The Supreme Court decision on Eminent Domain, which has caused much concern for cities about their right to take over private property.
Councilmember Douglas told Staff to have more formalization to policies and bring the decisions to the Council on what they want.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no further Public Comments.
ADJOURNMENT
Mayor Millsap adjourned the City Council Meeting at 12:18 a.m. to the Special City Council Meeting on June 29, 2006 at 7:00 p.m.
ATTEST:
_____________________________
RONALD BATES, CITY CLERK