CITY OF LA HABRA HEIGHTS
REGULAR MEETING OF
LA HABRA HEIGHTS CITY COUNCIL
DECEMBER 14, 2006
1. CALL MEETING TO ORDER
Mayor Millsap called the December 14, 2006 Regular City Council Meeting to order at 7:38 p.m.
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, Finance Director Freddie Vernon Vega and Sheriff Sergeant Jason Wolak.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Chairman Jerry Shipman explained that Waste Management was very cooperative with us in reviewing their staging areas. They use mostly the large heavy trucks. They will review the streets that cannot take these heavy trucks, because of damage to the streets. Work on Hacienda is not moving rapidly. We have a new City Engineer and we have been holding up zone 5 maintenance efforts and testing on Las Palomas because we need his participation. The problem may be a high water table. Staff is drawing up a priority list of areas that are capital projects. Many of our drains have been improved and cleaned out. The shoulder at 707 Dorothea on the Cypress side drops off sharply and is a danger and could cause expensive damage to the street. He stated that his complaint about trash on Avocado Crest is being taken care of.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Chairperson Sauble stated that several of the EPC attended a conference on Katrina, which highlighted the importance of preparing for a catastrophic event, which means losing 70% of a cityÕs infrastructure, such as the communication system for the first week, plan shifts of 22 hours on and 2 hours off. The local government would be gone. Mutual Aid unavailable for 6 weeks. After 14 months, the sewer systems would still not be working, no neighborhood watch working and the emergency responders not allowed on the road. An evacuation and re-entry plans are required. Go to shelters with your 72-hour kit. There will be power outages that cannot be quickly fixed. CERT training program is scheduled in La Mirada on January 13, 20 and 27, 2007.
á Acknowledgement of new resident CERT Team Members: Davida Pearson, Sandy Dykier and Ashley Sohm
Kathy Sauble presented Davida Pearson, Sandy Dykier and Ashley Sohm, graduates from the last training program for CERT Team Members at La Mirada.
Bill McDermott, representative of Puente Hills Preservation Authority, gave a status report on acquisition of an 8-acre property at the top of Turnbull Canyon. Powder Canyon will be closed for a few days while Edison removes some old electric poles. LA County Fire Department will be removing many eucalyptus trees in Whittier Hills. A rare species of owl has been found in the area east of Colima to the top end of Las Palomas.
Mr. McDermott stated that the Habitat Authority is finalizing its Management Plan for the area, which includes a Trails Plan. We will have a history of the area available in February, 2007.
0:25:30
Don Chilson stated that they have had a problem on Hacienda around the curves with out-of-control vehicles from either going too fast or by hitting another car or crossing the yellow line into oncoming traffic. There have been 3 accidents there in the last 4 weeks. He stated that the sign noting 15 mph is gone. Getting in or out of our driveway is dangerous.
Roy Cummings stated that LA County is planning an emergency drill early in 2007. He asked if the City of La Habra Heights will participate, and if so, to what extent.
City Manager Bates stated that they would consider possible participation.
Mr. Cummings noted that Federal and State regulations require that all City employees be certified as disaster service workers. Mr. Cummings commented that if the right reports are not made at the right time, we might not be eligible for reimbursement. Mandate participation by our City Staff so all will be prepared.
Mayor Millsap asked Mr. Cummings to let City Manager Bates know when the LA County earthquake drill is going to be.
Ed Borrowe, Reposado Road asked that the Council advance Item 20 (Fire Station/City Hall Complex) before the consent calendar so people do not need to stay late. He noted that they might reconsider the traffic calming.
Mayor Millsap asked City Manager Bates to research that because she thought it was just delayed because of the damage to Hacienda Road.
Jerry Shipman, Dorothea Road stated that he was disappointed to hear that some of the Council did not think they should have had the Town Hall Meeting. Many people on the East Side are concerned about fire response time. City Hall is in very bad condition. The Fire Station should be scaled down and a Fire Station/City Hall modernization plan should be developed within that 7 million-dollar amount we think we can achieve.
Stephen Blagden, Citron Road stated that we have to pay for any new facilities. He has looked at budgets and at what the residents are already paying and coming expenses. The new roads program will be on the ballot next year. The fire fee will probably have to be raised to make ends meet. Senior Housing brings other expenses with the increased density. Second units would change our City forever.
Julie Edwardz, Fullerton Road stated that she agrees that Item 20 should be moved forward and she thought the comments from those at the Town Hall Meeting were deemed unimportant by the Council.
Norm Zezula, thanked the three ladies who took the CERT course and stated that it is very important to the residents. He commented that at the last meeting some of the Council and staff implied that residents were not willing to accept the opinions of the CityÕs experts. Response time records for the Fire Department were self-contradictory. Mr. Zezula stated his opinion that the City Hall is not really needed. The City was of the opinion that the present site could be sold and build at the West Road site rather than to rebuild here. Even the experts didnÕt agree on the various details.
Faith Grimm, commented that fire personnel can be housed in manufactured structures and if under 2000 square feet, State Essential Services Building Codes do not apply. She stated placing the Fire Department at The Park would be a mistake. All uses would be affected. You have to replace any part of The Park used somewhere else. Ms. Grimm gave suggestions for making the present site work.
Bruce Douglas, requested that all residents watch the tape of the Planning Commission Meeting from December 12, 2006 before they make up their minds on City Council delegates. The first project discussed was the remodel on his home. He stated that his home is a legal non-conforming home. Ms. Jean Good Lietzau wrote a letter to the Planning Commission contending that owners of houses built before 1978 must have proof that development on that property, including patios, were built before the City incorporated, or you should be evicted and the house condemned. He noted that the main concern of the Planning Commission was that there was no Grading Plan. He spoke in opposition to Commissioner Baroldi.
Jessica Winship, Cypress Street, stated that she was proud to be one of Layne BaroldiÕs campaign managers.
Layne Baroldi explained that there is a proposed lot line adjustment, not yet finalized, involved in Mr. DouglasÕ project and his question was if a person doesnÕt own that property, can the project be approved? The Attorney stated that the proposal is possible. Commissioner Grebbien was the one talking about grading.
Paul Spothelfer, explained that the whole Improvement Association is not against Mr. DouglasÕ project, just some individuals are.
ADMINISTRATIVE REPORTS
5. CITY MANAGERÕS REPORT
City Clerk Bates explained that all four candidates have filed nomination forms with the County Recorders Office and all four have qualified for the ballot. They will appear on the ballot as Fred Klein, Layne Baroldi, Howard Vipperman and Vincent P. Gomez.
City Manager Bates stated that Christmas trees would be picked up with trash or may be dropped off at the park.
He stated that we have been having complaints that the Cable Company has taken away 10 channels.
Councilmember Klein asked that the City write a letter noting that the residents are unhappy about this.
Mayor Millsap stated that individuals can also write to Time Warner and we can draw up a Resolution to be agendized for the next meeting.
City Manager Bates noted that the County is surveying which Senior Programs to continue and we have copies of the survey at City Hall. They may contact some individuals.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin explained that if there are minutes of meetings that exist they are public records with the exception of Closed Sessions. Minutes are not always taken of sub-committees.
Mr. Edwardz asked Councilmember Klein if there were any minutes taken at that meeting.
Councilmember Klein thought there might have been, but he was not sure whether they were kept by staff.
Mr. Edwardz spoke of various rumors. Are these rumors or fact?
Councilmember Klein noted that in the sub-committee they discussed a number of pros and cons on the subject. He stated that rumors are rumors.
Mayor Millsap commented that she did not remember approving any such minutes.
City Manager Bates noted that a lot of that was prior to any of the geotechnical work.
Councilmember Douglas asked if there was anything to report on 707 Dorothea.
It was noted that this would be answered in the Community Development DirectorÕs Report.
Norm Zezula asked if any notes made by Councilmembers or staff would be considered to be for public record.
City Attorney Levin stated that if it were not kept as City business, it would not be considered as part of the Public Record.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
We all went out to 707 Dorothea to offer recommendations for the stabilization of Cypress, also with regards to the sandbags. It will have to be protected during the rainy season and then we will have to go back to court for approval to carry out the recommendations. I have directed staff to move forward on the recommendations for Cypress.
Mayor Millsap asked if Transtech or the new Engineer would continue the repair on Hacienda and Skyline.
City Manager Bates answered that Transtech would continue the design process as they already have done the preliminary work. Once we see the geotechnical report we will have a better idea of the ultimate design and it will give us some idea of the cost to stabilize the Hacienda/Skyline repair and how long they will continue working on this. If we need to move forward with the fix immediately, it may hit our General Fund.
Mayor Millsap noted that on the Annual Road Maintenance program, it needs to be changed to District 2 and 3, and the Maintenance District should be 4.
City Manager Bates explained how the continuous road maintenance would work as far as funding and not having a gap when the new Zone 1 starts and the maintenance will continue in another 5-year cycle.
Councilmember Douglas asked about the information from the Public Works Report that City Staff will clean and excavate the Skyline Trail.
Community Development Director Powers noted that they worked on that trail along Hacienda Road to clear out the water runoff damage and re-graded the trail and we are going to add some soil to the trail. We are working to find some co-operation to help fund this either from the County or the Habitat Authority.
Mr. Douglas noted that the owner of 707 Dorothea also owns the Greenberg property which was demolished some time ago and neighbors are asking when the debris will be taken away. He asked that the City Manager find out what can be done to speed this up.
Community Development Director Powers stated that since the Greenberg property was a Code Enforcement case, we would have to follow the Code Enforcement process.
Community Development Director Powers explained what the word ÒinactiveÓ means in the Code Cases.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that Academy Class 39 is graduating 10 students on December 23, 2006 and everyone is invited at 10:00 a.m. in this room.
9. SHERIFFÕS DEPARTMENT REPORT
Sergeant Jason Wolak was present for the SheriffÕs Department. He stated that Lieutenant Claus had another appointment tonight and he wanted everyone to know there is more crime this time of year, especially mail theft and provided a handout of things to watch for. Sergeant Wolak noted that residents should report any suspicious activities. If you are planning to be out of town let neighbors know.
Community Development Director Powers stated that he would place the provided handout on the website.
It is recommended that Items 10 through 17 be acted upon simultaneously by one motion of a City Council member or a member of the public.
Councilmember Carroll asked that they pull Items 15 and 16 and suggested they put 15 and 16 after Item 20.
10. APPROVAL OF WARRANTS – November 2006
11. TREASURERÕS REPORT – October 2006
` RECOMMENDATION: Approve
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
13. CITY COUNCIL MINUTES Regular Meeting of October 12, 2006
RECOMMENDATION: Approve
14. SETTING OF TIME FOR CITY COUNCIL MEETINGS
RECOMMENDATION: That the City Council adopt Resolution 2006-26 setting the time of Regular Council Meetings at 7:30 p.m.
City Manager Bates corrected Item 14 in Section 2 of Resolution No. 2006-26, change ÒLos Angeles County Metropolitan Transportation AuthorityÓ to read ÒLos Angeles County Clerks Office.Ó
15 AUTHORIZATION FOR PURCHASE OF HYBRID VEHICLE WITH AQMD AB2766 FUNDS
This Item was pulled for later consideration.
16. 2005-2006 AUDIT REPORT
This Item was pulled for later consideration.
17. STATEMENT OF INVESTMENT POLICY AND DELEGATION OF INVESTMENT AUTHORITY
RECOMMENDATION: That Council approve and adopt Resolution 2006-27 and rescind Resolution 2005-22 Investment Policy adopted in December 2005.
Councilmember Carroll moved to approve Items 10 through 14 as corrected and 17. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
1:41:50
Mayor Millsap stated that they would consider Item 20 out of order and resume with Items 15 and 16 later.
OLD BUSINESS
20. FIRE STATION/CITY HALL COMPLEX
RECOMMENDATION: Council Policy
Roy Francis, Chota Road, stated that the new street signs are an asset to the City. He stated that at the Town Hall Meeting he had said the Fire Department budget runs in the black, which is not correct. Mr. Francis asked if we have completed any EIR reports or traffic studies on any of the sites we are considering and if not, how long would it be before the documents are finished so we can start building?
City Attorney Levin answered that we have not started a review as first we have to find out what kind of review is needed for each site. The process would take anywhere from a few months to a year.
Mr. Francis commented that some Fire Departments have put in temporary modular quarters for their firemen. Have you had a chance to look into the cost for a temporary fix?
City Manager Bates stated that staff has not actively pursued this because we would have to get a geotechnical engineer to tell us that we can replace the current facility without major land stabilization efforts. We have been spending most of our time trying to find a permanent solution.
Mr. Francis suggested that the Fire Station be cut down to 10,000 square feet. He stated that would cause a large savings and he thought there is land available on the east side and the 1.5 million dollars could be used for a west and east side Heights Fire Station. He asked the Fire Chief if we get an auto-aid agreement with the County is there a backup plan in place if our squad is called out of our City?
Fire Chief Nielsen answered affirmatively and stated that we are using that plan at present. Our medic squad is not in negotiations with the County as it would leave us without one if they were called out of our City. He confirmed that we still have an agreement with the Forest Service to be reimbursed when we send the OES unit out.
Mr. Francis asked if there is an engine on the East Side at the church and if it is a first line piece of equipment?
Fire Chief Nielsen answered in the affirmative. He confirmed that the OES engine could be used within our City limits.
Stephen Blagden, Citron Road, stated that the Park Building is used mostly by outsiders and its rental income does not cover the building. We have three facilities, City Hall, Fire Station and the Park building. We are too small a City and do not have enough money to support three facilities. Building the new Fire Station will use most of the CityÕs savings and we will need to borrow money for the next 20 years. Mr. Blagden noted that a new City Hall will have to be built and placed somewhere costing more. He stated that the Park building could be made into a City Hall without disrupting any part of The Park. There are many positives for this plan and would eliminate one of the facilities to maintain.
George Edwardz, Fullerton Road, asked why we are pursuing the automatic aid agreement.
Fire Chief Nielsen stated that they had an automatic aid agreement with La Habra, and since they were taken over by LA County we now need to renegotiate an agreement in writing.
Pam McVicar, stated that she felt only one of the City Council seemed to care what the residents wanted at the end of the Town Hall Meeting. She stated that the Council needs to start listening to those that come to their meetings. We donÕt want the Fire Station at The Park.
Richard Mandell, stated that spreading payment for what we want over a long period of time does not seem as much, but that doesnÕt mean we can afford it. There was much spin on the presentation at the Town Hall Meeting. The Council still wants to hear from more people. Mr. Mandell commented that residents who do not like the consultantsÕ opinions should not be dismissed as uneducated. They all have valuable input. He noted that everyone needs to have good response time from the Fire Department.
Norm Zezula, commented that the City Manager wrote in the Agenda Report that a survey of residents on the options for building might be helpful but it will be difficult to develop a fair, well balanced survey instrument and possibly complicate the process if the options are rated very closely. Mr. Zezula suggested the Council just ask Òdo you favor keeping the Fire Station/City Hall at the present site?Ó
Faith Grimm, stated that the Health and Safety Code states that an Essential Services building of one story less than 2000 square feet is exempt from seismic codes.
City Attorney Levin replied that the issue has been that the geotechnical consultants advise us that it is standard practice within the industry to remediate and stabilize the site to within certain parameters. Industry standards and practice are where the standards are coming from.
Faith Grimm noted that she was specifically talking about temporary quarters.
City Attorney Levin noted that it all depends on whether we can get a structural engineer and a geotechnical consultant to sign off on the project so the City will be protected from liability and risk.
City Manager Bates explained the four options for the Fire Station and City Hall:
1. Hacienda Rd. and West Road
2. Park
3. Current FS/CH site for Fire Station, Hacienda and West for City Hall
4. Current FS/CH Site for Fire Station, Christian School Site for City Hall
Mr. Bates stated that he has estimated costs for each option as well as he could.
Mayor Millsap stated that some residents are hesitant to speak in public and she stated that if all of the Council are willing to go with the results of the advisory vote on the options, it might be a good idea to go ahead with that advisory vote from all residents.
3:00:00
Mayor Millsap called for an intermission at 10:38 p.m. and the meeting resumed at 10:46 p.m.
After considerable discussion, the Council decided that the survey needs to be simplified and brought down to three options. Cost figures are needed for minimum size possible on all options. The consensus was that in January we need to decide the best site for the low-income housing.
Councilmember Carroll, moved that the City Manager will bring back three options in January or February: Hacienda Road and West Road, The Park, and at the present site with the minimum size that can be used. He will work with the Fire Chief and architect. The motion was seconded by Councilmember Klein.
Mayor Millsap asked that she and Councilmember Carroll work with City Manager Bates on this.
City Manager Bates stated that he might not be able to get all the information by January.
The motion was modified to get the information in February.
Faith Grimm stated that she would like to see some of the residents on the committee to design the survey to avoid the spin on the information and she stated that she did not agree with the cost figures.
Norm Zezula stated that he would like to see the information they find on the present site one week before the meeting.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
3:25:10
Mayor Millsap returned to Items 15 and 16 of the Consent Calendar.
15. AUTHORIZATION FOR PURCHASE OF HYBRID VEHICLE WITH AQMD AB2766 FUNDS
City Manager Bates asked for authorization to purchase a hybrid pick-up for Public Works and maintenance with AQMD AB2766 funds, which would provide two vehicles for the three staff members who would use them. We would only be able to buy a non-polluting type of vehicle with these funds.
Councilmember Carroll asked if there isnÕt some way to cut down the cost of $40,000 by the time you add accessories. Can we get a used vehicle?
Mr. Bates stated that we have to have a vehicle that will work in the Heights. He stated that Bruce Barrett, the Public Works Manager, did the research on this. There is only one such truck that is available as a hybrid.
The Council and staff discussed how the truck would be used and what equipment would be put on the bed of the truck.
Community Development Director Powers stated that this money does not come out of the General Fund, but the reimbursement for gas of staffÕs own cars to inefficiently handle maintenance, does. He stated they called all of the dealers for such new or used trucks and there was a waiting list.
The consensus was to wait to make a decision until January pending more detail on the truck and cheaper options.
3:52:46
16. 2005-2006 AUDIT REPORT
Finance Director, Freddie Vernon Vega stated overall the CityÕs assets increased by $693,000 and the General Fund increased by $597,000. Mr. Vega stated that the General Fund has $769,000 in unrestricted funds because the City transferred $2,900,000 to the Capital Improvement Fund.
Fire and Paramedic Services has $807,000 in restricted funds and the Fire Fund has an excess of $9,544 in revenues over expenditures.
Assessment Districts #2 and #3 has $789,000 in restricted funds, which will be spent this fiscal year for repair of roads.
Capital Improvement Funds has slightly over $3,000,000 that has been set aside for capital improvement projects.
Mr. Vega explained that the auditors look at our internal controls and anything that would create significant problems. This was at the time we had computer problems and they gave suggestions for this problem. They noted that it was a reportable condition.
City Manager Bates noted that the Audit Report was very good.
Councilmember Carroll moved to receive and file the Audit Report. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
18. APPOINTMENT OF NEW ALTERNATE PLANNING COMMISSIONER
Mayor Millsap explained that the Council had earlier this evening interviewed Mr. Tony Liu from Virazon Drive for the above position. He is a registered professional engineer and a mechanical engineer.
Mayor Pro Tem Bergman moved to appoint Mr. Liu as Alternate Planning Commissioner. The motion was seconded by Councilmember Carroll.
Mayor Millsap stated that this would become effective at the January 23, 2007 Planning Commission Meeting.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Millsap directed staff to give all instruction needed and include him with the packet.
4:03:35
19. CITYÕS INFORMATION TECHNOLOGY INFRASTRUCTURE–REBUILD
City Manager Bates explained that the system was evaluated by Community Development Director Powers and opinions from two different experts decided what the system should be to suit our needs. They also agreed with Mr. PowersÕ evaluation.
The Community Development Director explained that the system was recently sitting on much e-mail and soon crashed. He went through a history of how their system was set up and also explained how it has been improved. There will be a real time backup and tape backup off site. He stated that the tape backup would be changed once a week.
Mayor Pro Tem Bergman moved to authorize this expenditure not to exceed the amount of $28,000 and authorize the City Manager to enter into an agreement with the Firstlight Group to provide server installation services not to exceed $10,500. The motion was seconded by Mayor Millsap.
Councilmember Klein disclosed that he does business with the Firstlight Group and recommends them, and the City Manager stated that this would not be a conflict of interest.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
Councilmember Carroll stated that he voted ÒnoÓ because he would like to see an analysis of this from a non-vendor, fee only.
OLD BUSINESS
20. FIRE STATION/CITY HALL COMPLEX
Taken out of order after the Consent Calendar.
CITY COUNCIL COMMENTS
Councilmember Douglas discussed getting a year round program for weed abatement from the Fire Department.
City Manager Bates noted that they are hoping to have it ready for the February meeting.
Mr. Douglas stated that he would be interested in receiving a spreadsheet each month on the employees check spread showing how many hours each works. He also asked if there could be more detail on Operating Expenses. Could the daily expenses in the Fire Department possibly come from some central buying for these items? Possibly more detail about this too. Mr. Douglas also discussed the ÒfindingsÓ that the Planning Commission is supposed to be deciding on.
Community Development Director Powers stated that they are going to be working on that.
Councilmember Carroll noted that Jim Stall, Chief Engineer at the Sanitation District is retiring.
Councilmember Klein noted that the Wildlife Conservation Authority is looking for volunteer members. Call City Hall if interested.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
ADJOURNMENT
Mayor Millsap adjourned the December 14, 2006 City Council Meeting at 12:47 a.m.
ATTEST:
__________________________________
RONALD BATES, CITY CLERK