CITY OF LA HABRA HEIGHTS

 

REGULAR CITY COUNCIL MEETING MINUTES

 

OCTOBER 11, 2007

 

 

CLOSED SESSION

 

            PUBLIC EMPLOYEE APPOINTMENT

            Code 54957

            Title: Interim City Manager

 

            CONFERENCE WITH LEGAL COUNSEL

            Initiation of Litigation (Code Section 54956.9©): One Case

 

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Brian Bergman called the October 11, 2007 Regular City Council Meeting to order at 7:35 p.m. at the La Habra Heights Community Center, 1245 Hacienda Road, La Habra Heights, California. Mayor Bergman stated that they have just come out of Closed Session and asked City Attorney Sandra Levin if there was anything to report.

 

City Attorney Sandra Levin noted that no reportable action was taken.

 

2.              ROLL CALL

 

Present: Mayor Brian Bergman, Mayor Pro Tem Stan Carroll and Council Members Layne Baroldi, Tela Millsap and Howard Vipperman.

 

Also present: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, City Planner Barbara Feeler, Fire Chief John Nielsen and Sheriff Lieutenant Mark Weldon.

 

3.         FLAG SALUTE

 

            Eagle Scout Jonathan Navarra led the flag salute.

 

            Mayor Bergman presented Jonathan Navarra with a Certificate of Commendation from the City of La Habra Heights for his dedicated work to become an Eagle Scout.

 

            Eagle Scout Navarra stated that he worked at the Whittier Narrows project clearing out brush.

 


PRESENTATIONS

 

4.              PUBLIC WORKS COMMITTEE, CHAIRPERSON JERRY SHIPMAN

 

Chairman Jerry Shipman was not present.

 

5.              EMERGENCY PREPAREDNESS COMMITTEE, CHAIRPERSON KATHY SAUBLE

 

Chairperson Sauble stated that the theme for this month is ÒWild Land FiresÓ and information is available at City Hall. She spoke about ÒPlanning for EvacuationÓ and ÒWhen Wild Fires ApproachÓ. Ms. Sauble stated that everyone needs to develop and practice a Home Evacuation Plan and noted that you need to make a list of things that are important to take with you and have them quickly accessible. Practice drills and be aware of those who might need help.

 

PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA

 

            Carolyn DiMario, President of the La Habra Heights Improvement Association, invited everyone to the Halloween Haunt at The Park in the gymnasium from 6-8 p.m. on October 31st. She stated that they will also have the Jingle Bell Ball on December 7th. She asked for volunteers for the Halloween Haunt and noted that wrapped candy is needed for admission to the Halloween Haunt.

 

            Jessica Winship, Cypress, commended two Public Works employees, Edward Flores and Simon Lamprecht for their rescue of a small dog whose owners were not home. They praised their compassion. The County Line animal hospital has helped us many times and they kept the dog until the owners could pick it up.

 

            Ed Borrowe, Reposado Drive, suggested that for an interim manager the City use the same process that we used before. We had very good results that time. He stated that all that is needed for the Fire Department is to improve the dormitory and cover the equipment. He was of the opinion that if we go to the Hacienda/West site they will find very significant ground contamination that will be costly to remedy.

 

            Stephen Blagden, Citron Road, reported what he heard at the Council meeting with Supervisor Knabe. The Agenda Item on the vacant 31 acres of land was an example of City Manager Bates thinking ahead and looking out for us. If the County decides to sell the land, we will get first refusal. In 2001 the County wanted to make 2-lane Hacienda Road into another Harbor Boulevard. He had been surprised that we turned down financial aid to do this. Council Member Baroldi asked if we can have another shot at it. One of the Council Members noted that we still do not want the highway. Mr. Blagden noted that shortly after Council Member Vipperman was elected he sent a letter to the City, calling the Fire Department unprofessional and one of the volunteers sinister. He later apologized, but in July one of his team obtained an attorney to go after City Staff members. Our Staff works very hard and a good staff is hard to find. Mr. Blagden praised our City Manager and noted that we were lucky to have him.

 

            Council Member Baroldi stated that $13,000,000 makes your ears perk up and the statement was made figuratively as he had no idea of making Hacienda into a 4-lane highway.

 

            Council Member Vipperman stated that he also did not take the statement that way, but that we did not want the money for the purpose it was offered. Council Member Baroldi made no reference to widening Hacienda Road.

 

            Julie Rasozzino spoke for Judy and Roy Francis, who could not be at this meeting. Judy and Roy Francis urged that the City Council vote for the current site for the improved Fire Station. They stated that in the Improvement AssociationÕs poll, 77% voted for the current site. Keep the size appropriate for our City. East and West side response time would be increased if moved to Hacienda/West. Move ahead to provide an East Side station to house 2 or 3 firefighters next to the storage shed at the Christian Church on Harbor Boulevard. Talk to Margarita McCoy about what other cities use for RHNA housing. Small units could be built at Hacienda/West for RHNA housing if necessary. Senior housing could dilute our 1-acre votes and senior housing would increase the need for emergency services around the clock. Roy and Judy stated that in the coming years we have many other City expenses coming up besides the Fire Station.

 

 

ADMINISTRATIVE REPORTS

 

5.              CITY MANAGERÕS REPORT

 

City Manager Bates thanked the Council for their support during his tenure. He stated that his last day at La Habra Heights will be November 18 and on the 19th he will start working for South Gate. He thanked the Staff and those in the Community that supported him and the Staff. He mentioned the door to door magazine sellers and asked that you ask for their identification and not hesitate to call the Sheriff if you have any questions about them. City Manager Bates stated that The League of California Cities has been supporting legislation to limit Eminent Domain that would be used to acquire private property to be used for public purposes. That legislation did not go through. There will now be a heavy battle on this issue.

6.              CITY ATTORNEYÕS REPORT

 

City Attorney Levin had nothing to report.

 

7.              COMMUNITY DEVELOPMENT DIRECTORÕS REPORT

 

            There were no questions on the written report.

 

8.              FIRE CHIEFÕS REPORT

 

Mayor Pro Tem Carroll asked for a report on traffic action on Avocado Crest around Citrus.

 

Lieutenant Mark Weldon stated that he would check into the number of citations.

 

Mayor Bergman stated that he missed one card.


 

Rafael Fernandez, East Skyline Drive, talked about the new Development Code. He stated that the new Code is too restrictive on the amount of hardscape allowed and will result in a significant stoppage of remodeling or building under the New Code. He stated that in his opinion the New Code for allowance of hardscape is actually a taking of land. The new Code has been in effect for one year and 34 people have come in for a pre-file conference and none have gone ahead to file an application. The new Code is so difficult that people become discouraged and give up. That leads to people trying to do things without a permit. He asked the Council to take corrective steps on the new Code. Mr. Fernandez asked that the Council do something about a new Fire Station. He stated his preference for the Hacienda/West site and commented that we need a new City Hall.

 

 

CONSENT CALENDAR

 

            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 REGISTER FOR SEPTEMBER 2007

 

            RECOMMENDATION:                       Approve

 

11.           MONTHLY TREASURERÕS REPORT FOR AUGUST 2007

 

RECOMMENDATION:                       Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

RECOMMENDATION:                       Receive and File

 

13.       CITY COUNCIL MINUTES               Regular Meeting of September 13, 2007

 

            RECOMMENDATION:                       Approve

 

14.           DOCUMENT SCANNING & DIGITAL ARCHIVING – QUESTYS SOLUTIONS

 

RECOMMENDATION:                       That Council authorize the City Manager to sign an agreement with Questys Solutions in an amount not to exceed $13,500 for the 2007/08 Fiscal Year (which includes first year of scanning, and software).

 

15.           AHUACATE SLOPE FAILURE REPAIR

 

RECOMMENDATION:                       That Council find by a four fifths vote that an emergency exists based on the information provided by Staff and in accordance with Resolution 2007-19.

 

City Attorney Levin noted that, on the Resolution, the September dates will be updated to read October 11. It still needs a 4/5ths vote and can be included with the Consent Calendar if it gets that vote.

 

Mayor Pro Tem Carroll moved to approve Items 10 through 15 including the corrections made on Item 15. The motion was seconded by Council Member Millsap and approved as follows:

 

AYES: Baroldi, Bergman, Carroll and Millsap and Vipperman

NOES: None

ABSENT: None

 

Mayor Bergman confirmed that Item 15 had been approved 5-0.

 

00:34:22

 

 

OLD BUSINESS

 

16.           FIRE STATION #2 – QUESTIONS ANSWERED

 

RECOMMENDATION:                       That Council direct staff to implement a Quick Attack Unit on the Eastside of the City in conjunction with the opening of a new Fire Station.

 

City Manager Bates gave the Staff Report on Item 16. He provided 21 pertinent questions and answers on the subject. Mr. Bates also noted that there were still questions unanswered as to the process of going through the Planning Commission. We need to work with the City Attorney and City Engineer to determine Land Use requirements for a temporary facility on the Eastside. Both the Fire Chief and I have met with two of the Pastors from the Christian Church and they are willing to cooperate with us on using a temporary trailer on that site. The Quick Attack Unit will serve the main purpose of Paramedic Aid. The Quick Attack Unit can be financed by using the 3% raise in the Fire Tax from this year and the 3% raise for next year. Staff recommendation is to consider this along with the location and opening of the new Fire Station.

 

Fire Chief Nielsen explained that a Quick Attack Unit is a small type of Engine that can get around the City and has a small tank that can be used for first initial attack on small fires. It can be staffed with 3 or 4 people and he would want a paramedic to be staffed there. The firefighters have BLS training. Chief Nielsen stated that he did not want to make a fast decision on any details as he wants to do things right from the beginning.

 

Mayor Bergman opened the meeting for comments from the Public.

 

George Edwardz, Fullerton Road, presented a power point view of several small stations that are similar to what we are trying to do on the Eastside and he would also like to see such a station on the Westside. The Power Point presentation listed the benefits of having such a station. Mr. Edwardz showed examples of Quick Attack Units and Unit 76 that we already have that he thought might work at the Eastside Station. He presented a suggested program to increase staffing. He suggested that if we decrease the size of the main Fire Station we might find enough money to build the Eastside Station. Mr. Edwardz also noted that if we did not staff a paramedic we would cut cost there.

 

Stephen Blagden, Citron Road, stated that there is no such thing as equal protection. We do not have basic information, such as, how many calls do we have and what kind. This is something the Council needs to know. Sirens at the Church and pre-school may not be appreciated later. Too many questions unanswered to move forward on this and other low-cost options should be considered.

 

Mayor Bergman brought the meeting back to the Council.

 

Council Member Vipperman moved his approval of an Eastside Station for a Quick Attack Unit with one Paramedic and one Firefighter. Council Member Baroldi seconded the motion and asked that they remove Òin conjunction with the opening of a new Fire StationÓ from the Staff recommendation.

 

City Attorney Levin commented that the City Manager stated the recommendation should read Òto begin the process to ---Ò for the motion.

 

Council Member Baroldi suggested they change the word ÒimplementÓ to something that will make sure that this will actually happen and move Òto direct Staff to begin the process Ò

 

Mayor Bergman asked if there is a sewer that we can hook into at the Church area.

 

City Manager Bates answered that there is none in that area, so we would have to have a temporary use of Porta Potties or install a septic system. The Church was not opposed to that. What the Church would really appreciate, is when we install a double-wide, that we continue the paving up to the bottom part of that lower area so that whole area could be paved.

 

Council Member Baroldi asked if the temporary facilities at La Habra will become available soon.

 

City Manager Bates answered in the affirmative, stating that it would be when their permanent quarters are ready.

 

Mayor Bergman asked that Staff look into that.

 

Fire Chief Nielsen explained that the building was an LA County Life Guard Station and in bad shape.

 

            City Manager Bates noted that the set-up would cost approximately $150,000, depending on what details they decide on.

 

            Mayor Pro Tem Carroll asked Chief Nielsen how he would pay for this.

 

            Fire Chief Nielsen stated that he has put money in his budget each year and he thought he could work it into the budget and they would probably look into a tax increase.

 

            City Manager Bates stated that we have to do this right and end up with first class service for the East Side. He explained that the Paramedic Insurance Program is moving ahead and Finance Director Vega has a part-time Intern who is working on developing that system and it should be ready by the beginning of the calendar year.

 

            Mayor Pro Tem Carroll discussed the proposal made by Mr. Edwardz, which costs less than StaffÕs. He stated that we need to check into the need for a paramedic before we decide on one. We need this information and if we can use an engine that we already have rather than buying a new one. He asked for the information on how many medical calls are from the East Side.

 

            Council Member Baroldi stated the amended motion was to direct Staff to begin the process to develop a Quick Attack Unit on the Eastside. Council Member Vipperman approved the amendment and seconded the motion. The motion was approved as follows:

           

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            1:04:47

 

17.           FIRE STATION SITE SELECTION

 

RECOMMENDATION:                       That Council select a site for the new Fire Station; direct staff to commence the environmental review process on the selected site; direct staff to work with Edison to establish the appropriate under-grounding District and return a District proposal to Council for action.

 

City Manager Bates presented the Staff Report for selection of a Fire Station. He stated that WLC Architects were unable to locate a rectangular steel building on the current site due to itÕs shape and size without major dislocations unless we acquire some of the property next door. Staff has concluded that a Fire Station can be built at West at Hacienda for about $2 million dollars less than at the current site. Selecting the West/Hacienda site allows the Council the fiscally conservative option of phasing the project while still maintaining current operations. Once we start on the current site and demolish this building, all the functions of the Community must be relocated and the construction on the current site will challenge City Hall and Fire operation and impact Park revenue. All in the area would be exposed to dust and noise. Mr. Bates suggested Council, after hearing the presentations will select a site and direct staff to commence the environment review process and depending on the site selected, to work with Edison to establish the appropriate under-grounding District.

 

Mayor Bergman opened the meeting for Public Comment.

 

City Attorney Levin asked that anyone who gives a Power Point presentation should provide the City with 2-4 hard copies of the presentation for the CityÕs records. She stated that they should have it at the meeting.

 

George Edwardz, Fullerton Road, noted that the double-wide in La Habra has termites. He presented a Power Point presentation of comparisons of the two sites for: response times; ability to build on each site; size of buildings; Town Hall Meetings; New City Hall or not; Election Results. We can move forward.

 

Stephen Blagden, Citron Road stated that it is time to choose Hacienda/West as the preferred location for study. The current site is the most expensive and the least workable. If the study shows it will not work, you can still choose another site. We need to provide fine quarters for our firefighters.

 

Karen Vipperman stated that the decision tonight is very important and will affect the residents very seriously. She stated that if Council looks back at the different meetings they will see that the majority of the residents want the Fire Station built at the Current Site and no new City Hall. Ms. Vipperman commented that WLC was contracted to build a Fire Station and City Hall at the Hacienda/West site. The Fire Station was originally proposed at 13,000 square feet and the City Hall at 8,000 square feet at an expenditure well beyond our capacity to afford. In her opinion, if the Fire Station is built at Hacienda/West, the City Hall will follow. Ms. Vipperman explained that the worry about asbestos is not viable. The removal of asbestos is by a very strictly regulated procedure for protection of everyone. We must live within our budget. A large Fire Station and a new City Hall will not improve the safety of the residents. She stated that she wants new quarters for the firefighters and she was happy for the serious consideration of an Eastside Station.

 

Margarita McCoy, Kashlan Road, stated that she is in favor of building a new Fire Station at Hacienda/West, but not in favor of building a new City Hall there. Ms. McCoy stated that she was pleased to hear an Eastside Station being discussed. She stated that the Current Site is very crowded and congested. She stated that it would be terrible during construction and doubtful City Code could be followed at this site and this would also cause added costs to accomplish building while still keeping the Fire Department and City Hall running. Ms. McCoy stated that surveys are always questionable. The Council needs to do what is best for the City.

 

City Manager Bates noted that if the Current Site is eventually used for low-income housing the City Hall would have to move somewhere else.

 

Cecelia Borrow stated her concern about the possibility of fire on the East Side. Fire would have to be stopped immediately. She felt equipment for firefighting was the most important item for the Eastside and a double-wide facility is not needed.

 

Mayor Bergman brought the meeting back to the Council for discussion.

 

Howard Vipperman, Council Member, presented a Power Point message for what is needed for the Fire Department: Need livable conditions; new quarters; a budget of 4.2 million; current station is only 3,865 square feet; new Station that would be 7,560 square feet would cost approximately 3.4 million leaving $800,000 for other needs; showed an actual building from the plan that would work on the Current Site; would allow the current Fire Station to stay intact; noted additional benefits this would provide; the main objective would be accomplished and this would total an 11,425 square foot Fire Station; we would expend money within our budget; showed an example of what a rectangular steel building would look like. He presented a movie of traffic movement at Hacienda and West Road to the Current Site. He stated that egress from West at Hacienda will be difficult and also timed the drive from the Current Site to West Road at 30 miles per hour timed at l minute 3 seconds.

 

Stephen Blagden, Citron Road, stated that the trip from West Road to our Current Site should have been started 200-300 feet further South where we would egress.

 

Rafael Fernandez stated his opinion this was slanted and flawed. He stated that there would be sirens and a traffic light to stop traffic.

 

Council Member Vipperman stated that even if the traffic was stopped, the traffic already on the road would be there and you cannot pass them. He noted that we use Whittier Boulevard to reach many of our calls.

 

Fire Chief Nielsen stated that the speed an engine runs depends on the traffic, so sometimes you will go slower than other times. He noted that people are very good at moving over when we come up behind them.

 

George Edwardz noted that the proper speed taught at Rio Hondo for a Fire Engine is 27 miles per hour. Mr. Edwardz asked if the drawing for one building covering both a Fire Station and City Hall is still possible to do on the Current Site.

 

Mayor Pro Tem Carroll noted that the drawing was done by Nickalof and he had not done the survey or put it to scale and we did not hire him.

 

Mayor Bergman brought the meeting back to the Council.

 

Council Member Vipperman moved that they do not consider The Park for the Fire Station. The motion was seconded by Council Member Baroldi and approved as follows:

 

AYES: Baroldi, Bergman, Carroll and Vipperman

NOES: Millsap

ABSENT: None

 

After instruction by City Attorney Levin, Council Member Vipperman gave the following motion.

 

Council Member Vipperman moved to designate the Current Site as the primary site to study for the Fire Station. The motion was seconded by Council Member Baroldi.

 

Mayor Bergman noted that the selection of the site for study has nothing to do with the size of the station as City Attorney Levin noted. It is just an analysis of the facility.

 

The motion failed as follows:

 

AYES: Baroldi and Vipperman

NOES: Bergman, Carroll and Millsap

ABSENT: None

 

Mayor Pro Tem Carroll moved to designate Hacienda/West as the primary site to study for the Fire Station. The motion was seconded by Council Member Millsap.

 

Mayor Pro Tem Carroll stated that we need to specify the size, roughly, so they know when they are doing the geo-technical tests, how much area they should study.

 

City Attorney Levin explained that they need a rough idea of square footage, building pad location and number of stories. They can move forward with previously authorized environmental analysis.

 

City Manager Bates explained that it is not necessary to get into the detailed size of the facility until it is time for the detailed engineering for the geo-technical work.

 

Mayor Pro Tem Carroll stated that if we keep the new facilities to just over 7,000 square feet and leave the dispatch center, offices and training room stay at the Current Site, we will not have to borrow money or ask for an increase in taxes.

 

City Attorney Levin explained that for CEQA study, it would be possible to come down in number from what was studied, but you cannot go up without a new study.

 

The motion was approved as follows:

 

AYES: Bergman, Carroll and Millsap

NOES: Baroldi and Vipperman

ABSENT: None

 

Mayor Pro Tem Carroll asked the City Manager to talk to Kelly Needham and get him started looking at the geo-technical and where they would have to do the survey and get bids early to see what the remediation will really cost.

 

Council Member Baroldi stated that we have to be very careful about the size of the Fire Station with all of the expenditures that will be coming up soon and possibly lower revenues in some cases.

 

City Manager Bates stated that he would like to see this subject on the Agenda as an information item every month to brief the Council on its status. He stated that we can also be looking at the Current Site for more information. He also suggested that we look at combining Fire Administration with Operations. We also want to keep the size large enough that we donÕt have to do the Environmental Review over and at the same time have Kelly Needham try to come up with a facility that is smaller than previous plans.

 

2:08:19


PUBLIC HEARING

 

18.           MUNICIPAL CODE AMENDMENT 2007-02 AND INTENTION TO ADOPT A CATEGORICAL EXEMPTION

 

RECOMMENDATION:                       That the City Council open the Public Hearing, take public testimony and give first reading to Municipal Code Ordinance 2007-02 and adopt a Categorical Exemption.

 

City Planner Feeler stated that the Council had continued this Item from the September 9th Council Meeting for further changes.

 

Mayor Bergman opened the Meeting for Public Comment.

 

George Edwardz asked if this includes the Vinyl Windows, Draft Hydrants or the Generators.

 

Mayor Bergman stated that those Items are being addressed.

 

City Planner Feeler explained that we will follow requirements for Very High Fire Hazard Severity Zone for any of the building standards.

 

Mayor Bergman explained that we donÕt need a CUP for a fuel tank that is part of the Generator unit. A larger fuel tank would need a CUP.

 

Stephen Blagden stated that he did not agree with the CUP requirement. A CUP is for irregular items that need custom conditions. Fuel tanks would all need the same safety rules and this means they should be allowed under some Code requirements. He suggested that in Section 2 they change the phrase, Òwhen the tank is not enclosed in the Generator assemblyÓ to Òwhen the fuel tank is factory attachedÓ. Mr. Blagden also suggested that on Section 5, they keep the Planning Commission height limit at 20 feet and lower the Staff limit to 18 feet. He stated that draft hydrants for swimming pools are important.

 

Mayor Bergman brought the meeting back to the Council for discussion.

 

Mayor Pro Tem Carroll moved to approve Municipal Code Amendment 2007-02 and a Categorical Exemption. The motion was seconded by Council Member Vipperman.

 

Mayor Bergman stated that he would like to see Stephen BlagdenÕs suggestion for a change of language about the fuel tank being enclosed in the Generator assembly to something that means it is factory attached.

 

City Planner Feeler stated they will change that.

 

City Attorney Levin suggested, Òfactory installed with the generator.Ó She also noted date changes in the second recital of the Ordinance 2007-02. Change ÒSeptember 13 and October 11Ó to ÒOctober 11 and November 8Ó and on the last page, in the Attestation, instead of the Ò11th day of September, 2007Ó, should read Ò11th day of October, 2007Ó. She stated that the Council needs to waive the reading of the full Ordinance and she read the title. The motion is to adopt Ordinance 2007-02 on first reading and waive full reading of the Ordinance.Ó

 

The amendment to the motion was agreed to.

 

Council Member Millsap stated that her concern about Section 1, was that when examples are called out, we often prohibit other items.

 

City Planner Feeler stated that was why they inserted Òsuch asÓ.

 

The motion was approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

 

NEW BUSINESS

 

19.           PAVEMENT MANAGEMENT PROGRAM

 

RECOMMENDATION:                       That Council approve and authorize the City Manager to enter into an agreement with Bucknam and Associates, Inc. of Laguna Niguel, California in the amount of $36,428 to prepare the CityÕs Pavement Management Program (PMP).

 

City Engineer Majdi Ataya presented the Staff Report. He stated that this program is used to monitor and evaluate our streets. It is also an eligibility program for Proposition C and Proposition 111. Bucknam & Associates are experts in PMP software. They will take samples of different conditions in the roads and set up priorities for their need for repair as to seriousness. They will give you a report of the condition of your roads and the computer software will tell you how to improve the conditions and what it will cost.

 

City Manager Bates noted that the program will inform you when to repair so that it costs a small amount and what it will cost if you put the repair off until later. This gives the City information that will save money in the long run.

 

Community Development Director Powers explained that this system of long term planning will serve as an inventory and data base for the repairs and the work that has been done each year.

 

Peter Bucknam, representing Bucknam and Associates, explained that a PMP is required for some funding sources. He stated that about 60% of the cities in LA County have such software. He stated that he knows Proposition C requirements and would set up the proper information for what Proposition C would want. As a Project Manager he believes in implementation of short-term awareness and long-term goals. We have ÒArmy Corp of EngineerÓ training to bring to you. We will assess what you have been doing and how to improve to get better results.

 

Council Member Baroldi moved to enter into an agreement with Bucknam and Associates, Inc. in the amount of $36,428 to prepare the CityÕs Pavement Management Program. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

20.           MUNICIPAL CODE UPDATE COMMITTEE

 

RECOMMENDATION:                       That Council appoint Mayor Brian Berman, Council Member Layne Baroldi and Planning Commission Chairman Larry Black to the Municipal Code Update Committee.

 

Community Development Director Powers reported that when the Council adopted the Municipal Code in October, 2006, they requested that the Municipal Code be reviewed in a year. He stated that they are proposing that there be a Committee of three to take a look at potential Code revisions and develop ideas and possibilities and eventually go to the Planning Commission for recommendation and then to City Council. There could be other options.

 

Mayor Pro Tem Carroll suggested also having a local contractor on the Committee.

 

The Council discussed the idea.

 

Mayor Pro Tem Carroll moved to appoint Mayor Bergman, Councilmember Baroldi and Planning Commission Chairman Black, along with a resident contractor to the Municipal Code Committee. The motion was seconded by Council Member Vipperman.

 

Council Member Millsap asked how the contractor would be chosen.

 

City Attorney Levin stated that if you put a contractor on the Committee who is doing business with the City you are in danger of a conflict of interest, however, if you solicit input and comment from Contractors in the community to give their comments at your meeting there would not be a conflict. There are a variety of possibilities for conflict. There are many ways to get their input.

 

Mayor Bergman suggested that they can come to the meetings or fill out cards with suggestions or complaints.

 

Mayor Pro Tem Carroll withdrew his motion.

 

Council Member Vipperman moved to accept the Staff recommendation for the three Committee Members. The motion was seconded by Council Member Millsap and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None


CITY COUNCIL COMMENTS

 

            Council Member Vipperman commented that Mayor Bergman judged a llama contest at the Llama Fun Day.

 

CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA

 

            There were no public comments.

 

ADJOURNMENT

 

            Mayor Bergman adjourned the October 11, 2007 City Council Meeting at 10:20 p.m.

 

ATTEST:

 

 

 

__________________________________

RONALD BATES, CITY CLERK