CITY OF LA HABRA HEIGHTS
REGULAR MEETING OF THE
LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 9, 2006
The City Council began the Closed Session at 7:00 P.M.
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
EXISTING LITIGATION – G.C. 54956.9(a):
CITY OF LA HABRA HEIGHTS v. DEAN SMITH
Case No. LASC #VC047381
ANTICIPATED LITIGATION – G.C.54956.9b(3)(A):
A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency. Facts and circumstances that might result in litigation but which the City/Agency believes are not yet known to potential plaintiff or plaintiffs.
INITIATION OF LITIGATION – G.C.54956.9(c.):
One case
1. CALL MEETING TO ORDER
Mayor Millsap called the November 9, 2006 Regular City Council Meeting to order at 7:46 P.M. She stated they have just returned from Closed Session and asked City Attorney Levin if there is anything to report.
City Attorney Levin stated that no reportable action was taken.
Mayor Millsap stated that they had not finished the Closed Session and would be returning to Closed Session at the end of the meeting.
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, Sheriff Lieutenant Michael Claus and Sheriff Deputy Jim Bickel.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. PRESENTATIONS
á Insurance Services Office (ISO) – Steve McGrath
Fire Chief Nielsen explained that he invited ISO to correct some misconceptions that exist in the City about ISO grading. He stated that he is using ISO as a tool to better the service to La Habra Heights.
John Coleman, representing ISO, explained that there has been grading of effectiveness of fire department protection for insurance purposes since 1910 and ISO was formed in 1970. Fifty percent of the classification is an evaluation of the strength of the Fire Department, forty percent of the classification is the water available and ten percent of the evaluation is from the communications available for the Fire Department from the fire alarm and in the field. The classification runs from 1-10, with 1 as the very best. We are in 45 states. Classifications 1-8 are used for water sources available. La Habra Heights is considered a class 3/9. In order to have a 1-8 classification for water availability each property must be within 1000 feet of a hydrant and within 5 miles from a fire station. The city is split in the classification for water availability. He stated that they provide this information to insurance companies to use as they see fit. He provided some hand-outs for information.
á Public Works Committee, Chairperson Jerry Shipman
Chairman Jerry Shipman, Public Works Committee, stated that the coring has been completed on Hacienda Road. We have three Capital Improvement projects on Solejar, Las Palomas and Ahuacate. We are hiring a new City Engineer and we need him to continue with some of the items. We still need to proceed on Zone 5 and we are still in need of another Public Works member.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Kathy Sauble encouraged everyone to practice their plan for an emergency situation. Have practice drills. She noted that cities and hospitals have practice drills. Emergency Preparedness Committee tries to keep information available to residents geared toward our City.
0:18:30
Sam Perdomo, representing Waste Management, introduced himself and noted that he is responsible for managing the franchise agreement between Waste Management and La Habra Heights. He left cards with his name and phone number for anyone to call him. He stated that due to increasing costs to his company, they will increase charges to the residents by 10% starting in December. Our notices will go out next Monday.
Jerry Shipman, spoke about the problem of mail theft in the City; he stated that once the mail is in the box it is the sheriffs problem. The sheriffŐs Department did not seem to agree. Mr. Shipman spoke about fire hazards on Avocado Crest that are not being taken care of. We need to prevent fires from happening.
Stephen Blagden, Citron Road, spoke of the need to make swimming pools part of the impervious coverage; City should not let developers exclude whatever they want from impervious coverage; City Engineers need to recognize our geologic and natural features, they have often been ignored in approving projects; they need hillside and geologic experience; the contract needs more detail for them to work effectively and they need to read and follow the General Plan. He spoke about sewers and stated that more sewer lines will bring financial burdens on the residents.
Kathy Sauble, added that in January there is a CERT class coming up in La Mirada. It is open to our residents and we will have the date later.
Ed Borrowe, Reposado Drive, noted that there are very few volunteers at present and in his opinion it is because the Council and management are not volunteer friendly. He also spoke about the Fire Department. He stated that when the firemen go to eat at a Restaurant they are to have someone in the vehicles at all times to prevent theft and this is not being done.
0:36:42
ADMINISTRATIVE REPORTS
5. CITY MANAGERŐS REPORT
City Manager Bates stated that staff met with Occidental Petroleum, the new oil company in the City, and his opinion was that they would be a good company and within six months they will have tested the integrity of all of the oil pipelines in the City. We will make sure they follow through on their commitment. We also met with the Sheriffs special unit dealing with camera surveillance as a follow up to the CouncilŐs consideration of graffiti and dumping. We should be able to bring back in December or January more information on a system with cameras that will help this situation.
6. CITY ATTORNEYŐS REPORT
There was no report.
7. COMMUNITY DEVELOPMENT DIRECTORŐS REPORT
Community Development Director Powers had no further report.
8. FIRE CHIEFŐS REPORT
Fire Chief Nielsen stated that he would take care of the problem on Avocado Crest as soon as possible. He stated that he attended the memorial service on Sunday for the firefighters who died in the Esperanza fire. The firefighters were all State Certified firefighters with at least 390 hours or more Training. We must have highly trained personnel and still a tragedy like this can happen. All of our firefighters are also State Certified with the required number of hours of training. Chief Nielsen noted that pool pumps can be used by the owner in case of a fire at their home, and he offered that the Fire Department will show anyone with a pool pump how it works, how to start it and maintain it.
9. SHERIFFŐS DEPARTMENT REPORT
Lieutenant Claus explained that Mr. Shipman was correct that the Postmaster General and their inspectors are responsible for stolen mail as long as it is in their possession and after the mail is in the box it is the responsibility of the Sheriffs Department. He also noted that if the mailbox was government owned it was a postal responsibility. He stated that he would bring additional copies of the two-page document he has explaining this.
It is recommended that Items 10 through 15 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.
10. APPROVAL OF WARRANTS – October 2006
11. TREASURERŐS REPORT – September 2006
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
13. CITY COUNCIL MINUTES Special Meeting of September 25, 2006
Adjourned Regular Meeting of September 25, 2006
Adjourned Regular Meeting of September 27, 2006
Adjourned Regular Meeting of September 28, 2006
Regular Meeting of October 5, 2006
RECOMMENDATION: Approve
14. ANNEXATION OF THREE (3) HOMES LOCATED IN LA HABRA HEIGHTS INTO THE LOS ANGELES COUNTY SANITATION DISTRICT FOR SEWAGE DISPOSAL IN EXCHANGE FOR LHH PROPERTY TAX REVENUE
15. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS CREATING SECTION 2.8.110 OF ARTICLE 2 REGARDING CITY ADMINISTRATION OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING BONDS
RECOMMENDATION: That Council introduce Ordinance 268-U and waive further reading.
Councilmember Carroll moved to adopt the Consent Calendar Item 10 through 15. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
0:46:56
16. GENERAL MUNICIPAL ELECTION ON March 6, 2007
RECOMMENDATION: That Council approve Resolution2006-20 – Calling for the election. Resolution 2006-21 – Rendering Los Angeles County Services, and Resolution 2006-22 – Policy on CandidateŐs Statements for the General Municipal election on March 6, 2007.
City Attorney Levin explained that the two members on the Council, who are running for re-election, would have to be excused during approval of Resolution 2006-22 – on CandidateŐs Statements.
Mayor Millsap stated that they would split Resolutions 2006-20 and 2006-21 from 2006-22 when voting.
City Manager Bates commented that the period for filing would begin on November 14, 2006, Tuesday, at 7:30 a.m. and close December 11, 2006 at 6:00 p.m. If one or both incumbents do not file, the filing period will be extended until 6:00 p.m. on Wednesday, December 13, 2006. Resolution 2006-20 and 2006-21 will be voted on by all Councilmembers.
Mayor Millsap moved to approve Resolutions 2006-20 and 2006-21. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmembers Douglas and Klein left the room as required.
City Manager Bates explained that Resolution 2006-22 for Candidate Statements Regulations was assembled in accordance with the directions of consultant Linda Hudson in compliance with the estimates of $25,480.00 from Martin and Chapman for the cost of printing the ballots and publishing the candidates statements.
Councilmember Carroll moved to adopt Resolution 2006-22. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll and Millsap
NOES: None
ABSENT: None
Councilmembers Douglas and Klein returned to the Council.
0:51:59
17. COMMUNITY DEVELOPMENT REORGANIZATION
Mr. Pergoni, representing Transtech Engineering, offered their help as needed for the transition to the new Engineering Company.
City Manager Bates noted that they had tried to keep the present building inspector, but she already has another job lined up with Transtech. It is important that the contractor understands what we need and we develop a good relationship with them.
Community Development Director Powers stated that they have been considering for several months what was needed when considering a new Engineering Company. When interviewing Engineering Companies we have tried to consider the person who would actually be doing the job rather than the person who is the head of the company.
Majdi Ataya presented his experience and noted that his experience is with public agencies. He stated that he is very familiar with plan checking. La Habra Heights will be his main focus. He stated that his Building Official is Bruce Ward and he is both a structural and civil engineer.
City Attorney Levin stated that as for the two agreements, they would like to add to the detail of the scope of services and to clarify the indemnity and insurance provisions, that those provisions survive the agreement as to any work that is conducted during the term of the agreement. It is in shape to approve now.
City Manager Bates noted that the hour coverage of work should be better than before and the Building Inspector should save considerable money. He also stated that this transition should happen between now and Thanksgiving.
Councilmember Carroll moved to authorize the Mayor to execute the contract between the City of La Habra Heights and Onward Engineering and to execute the contract between the City of La Habra Heights and a Building Inspector to provide inspection services according to Exhibit 4 in the packet, with further refinements by the City Attorney to increase the detail as to scope of services and refine the indemnity and insurance obligations. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
Absent: None
18. POSITION DESCRIPTIONS
City Manager Bates explained that they had used Brea and Anaheim to work out job descriptions to fit our City. Approximately once every three years we should look at them and update as needed. We also have two job descriptions for two job reclassifications.
RECOMMENDATION: That Council approve the City of La Habra Heights Job Descriptions and implement the two job reclassifications.
City Manager Bates explained that they have not included job descriptions for part-time employees such as firefighters and paramedics. We could do that if wanted.
Mayor Pro Tem Bergman stated that he would eventually like to see the descriptions to go as far as the volunteer firemen.
Mayor Millsap moved to approve the City of La Habra Heights Job Descriptions and implement the two job reclassifications. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Douglas reported that he had gone to a Hillside Open Space Education Coalition meeting and we primarily addressed AERA trying to get Diamond Bar to annex their land. The City Managers of the Coalition looked for a legal firm that would be able to provide the best advice in potential response from litigation.
City Manager Bates noted that they went through an extensive process to choose a legal team that HOSEC might need. We selected Jim Markman from Brea and secondly Mike Colantuono, our former City Attorney.
Councilmember Klein commented that the Wildlife Corridor Conservation Authority is seeking nominations for volunteer public member positions. Applications are due by December 15, 2006.
Mayor Millsap returned the Council to Closed Session for one item at 9:08 p.m. and returned to the meeting at 9:36 p.m.
City Attorney Levin noted that no reportable action was taken.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There was no public comment.
ADJOURNMENT
Mayor Millsap adjourned at 9:37 p.m. The next meeting will be next Thursday, November 16, 2006 at 7:30 p.m. It will be the Town Hall Meeting on the Fire Department.
ATTEST:
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RONALD BATES, CITY CLERK