CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
LA HABRA HEIGHTS CITY COUNCIL
OCTOBER 12, 2006
1. CALL MEETING TO ORDER
Mayor Tela Millsap called the October 12, 2006 Regular City Council Meeting to order at 7:31 P.M. in the Multi Purpose Room, 1245 Hacienda Road.
2. ROLL CALL
Present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas and Fred Klein.
Staff: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, Fire Chief John Nielsen, and Sheriff Lieutenant Michael Claus.
3. FLAG SALUTE
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Jerry Shipman reported that they have finished the Zone 4 maintenance and a little bit of East Skyline. Most of the storm damage is covered by FEMA and that has been completed. We have received funds from FHWA to do the work on Hacienda. This should be finished by this time next year. Las Palomas is a big problem. We were not satisfied with the borings. This will be a capital project.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Mike Bagwell noted that the corrections at 707 Dorothea do not seem to be progressing and is still a danger to his family and property. Cypress is undermined and we are almost to the rainy season again.
Stan Quade, Encanada, noted that there are still many maintenance items that the City has not corrected after his complaints; he also stated his opinion that the General Plan and the new Code seems to be a hardship on the residents; he also mentioned the property at Hacienda and West as being a poor buy.
George Edwardz, Fullerton Road, stated that he has requested many public records and the City Manager and City Attorney pick and choose what they will give him. He stated that it is important to view the ISO report that establishes what you pay for insurance and what level of fire protection we are provided. The report tells just what kind of station needs to be built. The current rating in his opinion is poor.
Pam McVicar, spoke about the plans for the new fire station and that the Council should have done a further check on the new property before buying it. To build the Complex at The Park, in her opinion, would be a big mistake.
Ginger Skinner, Kanola, noted that she is against using The Park for the Fire Department. The General Plan encourages the City to protect and preserve The Park. She also stated that The Park is not supposed to be used for a Fire Station and the residents should have a voice in what is done.
Jessica Winship, Cypress Street, stated that she was on the Parks and Recreation Commission and it took them years to make The Park beautiful as it is. We planted trees in the memory of loved ones and the residents should have a choice in the matters of the City. Listen to the people.
Stephen Blagden, Citron Road, noted that the residents should vote on items like the new City Hall, but the new Code should not be put up for vote by the people. People are against the Code for different reasons and it would be hard to decide how to rewrite the Code. We have spent much time and hard work on it and should take time to see how it works. There has been much misinformation on the size of houses that would be allowed and nonconforming uses.
Paul Spothelfer, West Road, stated his opposition to placing the Fire Station or City Hall at The Park. Mr. Spothelfer noted that this was suggested nine or ten years ago and was dropped due to much opposition. There is a Deed restriction on the park. It would be hard to replace the park elsewhere. The report on the new property tells what can be done so it can be built on, and he suggested they do that or rebuild on our present site or possibly on the one-acre Powder Canyon site. Let this go to a vote of the Residents.
Nancy Acocks, Dorothea Road, spoke in opposition to putting the Fire Station/City Hall at The Park. She stated that in her opinion, proper due diligence was not done before buying the new site for the Fire Station. We were not allowed to vote on this.
Crystal Myers, Las Palomas, invited everyone to the second Fall Llama Playday on October 28, 2006 at The Park.
0:38:56
ADMINISTRATIVE REPORTS
5. CITY MANAGERŐS REPORT
City Manager Bates reported that Time-Warner has asked us to work with them to redo the Cable Franchise with the City, which will expire in 2009. They will probably be seeking a State Franchise at the same time, which would preempt any local Franchise.
T-Mobile has contacted us regarding the addition of a Telecom antenna probably in the vicinity of The Park. There have been no commitments.
We have been working with the H.O.S.E.C. Hillside Open Space Education Committee regarding the AERA project and the change of status regarding the annexation from LA County to the City of Diamond Bar.
6. CITY ATTORNEYŐS REPORT
The City Attorney stated that she has no report.
7. COMMUNITY DEVELOPMENT DIRECTORŐS REPORT
Community Development Director Powers noted that he has provided a written report.
8. FIRE CHIEFŐS REPORT
George Edwardz, Fullerton Road, stated that the Fire Report never says which part of town the different calls are located in. He stated that you couldnŐt tell how much is happening on the East Side of town. He noted that Don Knabe has offered the City an opportunity to join with the Joint Powers to build a joint Fire Station on the corner of Fullerton Road and Harbor Boulevard.
Mayor Millsap explained that she thought the offer was connected to the AERA project.
Fire Chief Nielsen commented that last week a written test was conducted and 92 people took the test and 37 passed, which is the highest number that have passed. Those who didnŐt pass did better than in past years. He noted that the ISO is being used by some insurance companies, but more often they use it to set fees for commercial buildings than for residential buildings. ISO does not dictate any dollar amount for insurance or where the city has to build their Fire Stations. It does come with recommendations. I did not request a survey currently. We are being surveyed again because our service level has changed due to the fact that we are now working alone and are in a good relationship with LA County and the level of service has gone up. He also made the correction that La Habra Heights did have an automatic agreement with La Habra until they were taken over by LA County.
9. SHERIFFŐS DEPARTMENT REPORT
It is recommended that Items 10 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.
Mayor Millsap asked to pull Item 14 for discussion.
10. APPROVAL OF WARRANTS – September 2006
RECOMMENDATION: Approve
11. TREASURERŐS REPORT – August 2006
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
13. CITY COUNCIL MINUTES: Special Meeting of August 24, 2006
Regular Meeting of September 14, 2006
RECOMMENDATION: Approve
14. 2004 STATED HOMELAND SECURITY GRANT PROGRAM – GIS PLOTTER
RECOMMENDATION: That the City Council authorize the City Manager to purchase the GIS plotter and accessories from PC Mall in the amount not to exceed $9,000.
Mayor Millsap commented that she was happy to see they are using Grant funds and not letting them expire. She asked for confirmation that there are other items the Grants can be used for and can be approved administratively.
City Manager Bates answered in the affirmative.
Mayor Millsap offered a motion to approve Item 10 and 11, receive and file Item 12 and approve the minutes on Item 13 and Item 14, Grant funding for the GIS Plotter. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. FLOODPLAIN MANAGEMENT ORDINANCE
RECOMMENDATION: That Council hold a second reading of Ordinance 264 and adopt.
Mayor Millsap explained that this is a second reading and asked the City Manager if they received any further comments on this.
City Manager Bates stated that the only item received was from FEMA saying they are re-doing this as something was left out, but advising us to go ahead as none of our City is in a floodplain.
Mayor Pro Tem Bergman moved to adopt the Floodplain Management Ordinance. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
0:49:20
16. FIRE STATION/CITY HALL COMPLEX – UPDATE AND A DISCUSSION
RECOMMENDATION: Give City Manager direction.
George Edwardz, Fullerton Road, discussed the ISO report; the NFPA tells us what equipment our Fire Department should have and how far apart the fire stations should be.
City Manager Bates presented a brief history that led the City to buy the Hacienda/West Road property for the Fire Station/City Hall Complex. We started working on a new Station in 2001. He stated that a new fire facility is needed due to the present poor condition. After studying our situation, we find that we are providing a comparable service to Whittier or La Habra for about one third to one half the cost of a County contract. He noted that no Councilmember has given him any direction. We have had great cooperation from the Fire Department. The site we bought at West Road and Hacienda Road is a very valuable site and when we did deep testing we found it had a problem with liquefaction and would cost approximately 1.5 million to make the soil buildable for Municipal buildings. Other structures could be built which do not have such strict rules. We then looked for other locations. The most favorable location we found was at The Park east of the Gymnasium. We have the West Road, the school next to us and The Park options to look at. Mr. Bates noted that they read the park deed to say that if we use The Park for anything other than a park, it has to be replaced square foot for square foot somewhere else. He stated that he would like some direction from the Council.
Councilmember Carroll stated that in his opinion The Park option should be taken off of the choices as it means something to the Community.
Mayor Millsap asked if there is any reason to think the Supervisor would not entertain the swapping of the park area acre for acre.
City Attorney Levin stated that it is possible with the CountyŐs agreement and has been done in many other areas.
Ms. Levin stated that the issues with the West Road site do not have anything to do with its past use. It does not have anything to do with contamination, but there are geotechnical issues. There are new structural stability requirements for municipal buildings and particularly Fire Stations.
Mayor Millsap stated her opinion that they should look at all options. She felt there is enough room without disturbing what is already there.
Councilmember Douglas noted that it is a shame that it has taken so long already.
Mayor Pro Tem Bergman stated we need to be open to all options and invited everyone to bring more options.
George Edwardz, Fullerton Road, stated that it is hard to get answers to questions from staff and the Council at meetings on camera. He offered to take a camera to film the Fire Station conditions there and show the need for a new Station. If we care so much for the fire people we could replace the bungalow now until we can get them something better.
Mayor Millsap stated that several years ago we did video tape the condition of the Fire Station and the firemen probably are of the opinion that if we replace the temporary buildings we will not continue to plan and build new quarters.
Dave Shroeder, Amate Drive, spoke about the 1.5 million dollars it would take to fix the West Road and Hacienda property for use.
City Manager Bates explained that the 1.5 million dollars would only prepare the footprint for building, not the rest of the three acres.
Mr. Shroeder asked various questions and stated that it seemed expensive, but The Park option was just not liked by the people.
Richard Mandel, El Travesia, noted how much the audience is greatly involved in this subject emotionally; he stated that the project is moving so slowly because most of the suggestions are opposite of what the people want; we need to take better care of our firemen; he suggested the West Road/Hacienda property should be sold and use the money to build the fire station.
City Manager Bates noted that it is very possible that we could not rebuild at our present site with the new requirements put in place on Municipal buildings after the Northridge earthquake. He stated that they are looking for all suggestions that can be used for workable options.
Mr. Mandel noted that if the new property is sold you can use that money to correct the present property.
Ginger Skinner, suggested they do the deep drilling on the present site; not at The Park; we need more public input.
Mayor Millsap noted that we already have had two Town Hall meetings and she noted the shortage of parking area here.
Staff and Council discussed that there are many details that have to be worked out with any option considered. They also noted the need to provide space for low and moderate income housing share that have to come from our City.
Kathy Sauble noted that in her opinion the City should consider temporary housing for the firemen for their health and if we have a cost figure we might have some people willing to help with that because they need something now. None of us would be willing to work under such conditions.
Faith Grimm, Las Palomas, suggested the site on Las Palomas and a possible swap with the West Road/Hacienda property.
Jerry Shipman, Dorothea Road, stated that we still need to look seriously at the present site, not in The Park. Sell the new site.
Oscar De La O, Popenoe, stated his concern about the fire protection he will receive on the East Side. He felt it is the CouncilŐs responsibility to assess the needs of the whole City. He stated that ŇforumsÓ are a good thing. At the other Town Hall meetings The Park was not being considered, so it would be good to have another one.
Mayor Millsap closed the Public Comment and returned the meeting to the Council for discussion.
The Council discussed suggestions that were brought up by the residents, the fire service for the East Side, temporary facilities and a Town Hall meeting.
City Manager Bates noted three options that the Council had directed him to get ready for the Town Hall Meeting: Look at the School next to us, the site at West Road and Hacienda and the Park site near the gymnasium. A fourth option is to drill at the present site.
Mayor Millsap clarified that they are not considering removing any part of The Park.
The consensus of the Council was to schedule a Town Hall Meeting for November.
George Edwardz, Fullerton Road offered to provide the TV coverage for the Town Hall meeting.
2:10:50
17. ILLEGAL DUMPING AND GRAFFITI
This Item has been placed on the agenda at the request of Mayor Pro Tem Bergman and Councilmember Klein.
City Manager Bates reported that there are cameras that can detect moving cars 200 yards away and get their license plates in the middle of night. If you find this interesting for our problem it can be researched further. This might prove helpful for our illegal dumping and graffiti problem.
Community Development Director Powers reported that in the last two years we have had 12 reports of illegal dumping and approximately 100 cases of graffiti. A wireless network does not work well in this area and it usually happens after dark. People often walk away with whatever we might try to use. He stated that some cities use a reward system. For an arrest, they have to be caught in the act of illegal dumping and in a reward system, the person would have to testify.
The Council discussed what they should do about the problem.
Lieutenant Claus commented that he has directed each officer working in this area to not only take a report of an illegal dumping, they should use their detective skills to try to trace the dumping and they would photograph the graffiti because taggers have their own style and can often be traced.
The Council discussed setting fines.
Stan Quade, stated that the City needs to spend some money to take care of this sort of thing right away. The City has been slow to correct problems.
Paul Spothelfer, stated his concern regarding some cement on private property that has been there for 1½ years and is an eyesore. Mr. Spothelfer asked that they advertise the Town Hall meeting in the Heights Life and asked that they get information to everyone before the Town Hall meeting.
Councilmember Carroll asked that the City give Lieutenant Claus a chance to try his idea that the officers use their detective skills to track down who does the dumping and graffiti.
Lieutenant Claus stated that all of the officers here are hand picked and are committed for two years. They want to be part of the Community and know the area and the people.
RECOMMENDATION: That the City Council consider a reward program for the arrest and prosecution for illegal dumping and graffiti.
Councilmember Klein moved to have an Ordinance with a maximum fine of $500 and use a number of tools on this. Mayor Pro Tem Bergman seconded the motion.
Councilmember Carroll thought we should not have to pay for spotters of these violations.
The consensus of the Council was to try whatever would help. They noted that anyone not wanting the reward can refuse it.
Glen Haynes, Public Works Committee, commented that Palm Springs is using cameras and it is very effective. He suggested that on our signs noting the reward we might say there is camera surveillance.
Lieutenant Claus stated that surveillance cameras require personnel to monitor them. Hard-wired cameras will be torn down or destroyed.
Mayor Millsap stated that the residents would probably object to cameras as an invasion of privacy.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
City Manager Bates stated that they would bring back the Ordinance for the reward.
Mayor Millsap asked that information on the FLASHCAM be brought back in a couple of months.
Mayor Millsap called for an intermission at 10:24 P.M. The meeting was resumed at 10:39 P.M.
2:53:10
18. MUNICIPAL CODE DISCUSSION
City Attorney Levin stated that this item has been placed on the agenda at the request of Councilmembers Carroll and Klein to find what the options are for putting a measure on the ballot concerning the recently adopted Municipal Code. She stated that you can do the following:
á Place an advisory measure on the ballot that is not binding, but asks for an opinion.
á You can put any Legislative matter on the ballot as an initiative. (You could put a different Zoning Code on the ballot than the one adopted and ask if they like this better.) Hard to put a whole Zoning Code on the ballot and possibly could be challenged later. If adopted by initiative it could only be modified by initiative.
Councilmember Carroll explained that he also wanted the Council to consider an advisory vote on the building of the Fire Department/City Hall complex. He stated that on issues affecting the whole Community we should get as much information from residents as possible. A vote would cover more of the Community than a Town Hall Meeting.
City Attorney Levin explained that if you want to have a discussion about putting an advisory measure on the ballot about the building of the Fire Station/City Hall Complex it needs to be agendized for discussion.
The Council and staff discussed the time and cost of putting a measure on the ballot and also agendizing it for discussion.
City Attorney Levin suggested that they agendize this for the regular November City Council meeting and then if you want to pursue it further for the Town Hall Meeting, you can give us better direction at the regular meeting as to what you want prepared for the Town Hall Meeting and then we can give you options.
Mayor Millsap noted that no action was taken on agendizing Item 18.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
George Edwardz, Fullerton Road, offered to supply the services for recording the Town Hall Meeting. He suggested that he would pay for it and let Joe direct it.
Mayor Millsap stated that they would let the City Manager decide on that.
ADJOURNMENT
Mayor Millsap adjourned the Regular October 12, 2006 City Council Meeting at 11:04 P.M.
ATTEST:
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RONALD BATES, CITY CLERK