CITY OF LA HABRA HEIGHTS
REGULAR AND SPECIAL CITY COUNCIL MEETING MINUTES
NOVEMBER 8, 2007
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
G.C. City Manager
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Brian Bergman called the November 8, 2007 Regular and Special City Council Meeting to order at 7:44 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 for a report.
City Attorney Sandra Levin stated 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, Interim City Manager Shauna Clark, Community Development Director Justin Powers, Fire Chief John Nielsen, and Sheriff Lieutenant Mark Weldon.
3. FLAG SALUTE
Council Member Layne Baroldi led the flag salute.
4. PRESENTATIONS
á Fernando LaFuente, Certificate of Appreciation for the Car Show
Mayor Bergman presented Fernando LaFuente with a certificate for his contributions and efforts in running the Car Show this year.
Mr. LaFuente stated that he appreciated the opportunity to put on the show and thanked those who helped make it successful.
á Ronald Bates, City Manager
Stephen Blagden, representing the governorÕs office, thanked City Manager Bates for his dedicated hours spent to improve the quality of life in this City and working with the City Council and residents. The presentation mentioned many of the benefits he provided. The Governor wished him well at his new job.
Patricia Fabio, representing Congressman Miller, presented a certificate of Congressional recognition for two years of dedicated service and leadership for the City of La Habra Heights,
Jim Starkey, representing Senator Bob MargettÕs office, presented Mr. Bates with a certificate of appreciation for what he has done for the City of La Habra Heights and beyond.
Mayor Bergman presented a Certificate of recognition from the State Assembly for Ron Bates.
Mayor Bergman also presented a Certificate of commendation in recognition of dedicated service from L.A. County Supervisor Don Knabe.
Captain Michael Smith spoke for the Industry Sheriff Station and thanked Mr. Bates for good service and the pleasure of working with him.
Bob Henderson, Whittier Council Member, Chairman of the Habitat Authority and Chairman of the Hillside Open Space Education Coalition, stated that Mr. Bates has been helpful to those organizations.
Jerry Shipman, stated that Mr. Bates has been a big help in the Public Works area and has been a pleasure to work with.
Ray Fernandez commented that he appreciated Mr. Bates and wished him well.
Mayor Bergman presented Mr. Bates with a Certificate of appreciation from the City Council and Staff and thanked him for the many things he has done for La Habra Heights. Mayor Bergman stated that the City is better organized and more responsive than two years ago.
Mr. Ron Bates stated that he had just retired before he came here and he has really had a great time and has had a wonderful Council and Staff to work with.
á Claire Spothelfer, Certificate of Appreciation for Music in the Park
Mayor Bergman noted that Claire Spothelfer asked that we hold her presentation for next month.
Mayor Bergman called for an intermission for cake and coffee at 8:04 p.m. and reconvened at 8:22 p.m.
á Public Works Committee, Chairperson Jerry Shipman
Chairperson Jerry Shipman stated that the roadwork on Ahuacate has started and will probably be done in three months. FEMA is paying for a large portion of this project. Public Works has covered the slope along Cypress so any reasonable rain will not cause us to lose that slope because of 707 Dorothea. Mr. Shipman stated that Las Palomas will have to be worked on next year and it will be expensive.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Chairperson Kathy Sauble thanked Lieutenant Weldon and Ken Layman from Crime Prevention for presenting an introduction to the Neighborhood Watch program. We had about 20 residents present. Ms. Sauble stated that she spent some time with Area ÒEÓ and went through a ÒshelterÓ exercise. This was very beneficial and she would like to bring it to the City to use as a drill to help us be better prepared. Ms. Sauble stated that this month they received information on windstorms and tornadoes. This information can be obtained at City Hall. She noted things to do before, during and after the storms.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Janice Slattery, Sharpless Drive, representing the La Habra Heights Fine Artists and Artisans group stated that they started with three members in September, 2006 and now have eighteen members. All are from La Habra Heights. We encourage each other and meet once a month. We will have our first show in June in La Habra at the Art Gallery. Ms. Slattery stated that they would like more members of any age. If anyone is interested leave your name and telephone number at City Hall. We are interested in being volunteers for our City.
Ray Fernandez, East Skyline Drive, corrected information about the new Development Code he gave at the last City Council Meeting. We did have 34 people having pre-file conferences as of September and no applications had been made. There have actually been 42 people that have come to the City and out of that number, there have been eight applications filed and one Administrative approval for a room addition. He still felt that the new Code is very discouraging and will lead to a decline for the City. Mr. Fernandez stated his opinion that since the Code only allows a 9% site coverage for a home on a one acre lot, that is overly restrictive and is actually a Òtaking of landÓ. He handed out comparisons of what other cities allow, which are much less restrictive. We need to make it easy for residents to improve their property. He asked the Council to review the Code.
Mayor Bergman stated that they do have a Committee that will be looking at land use issues.
Stephen Blagden, Citron Road, stated that the new codes have not been given a chance. Many other cities have codes that are much more restrictive than ours. The economy and the credit market have strongly affected the building market. He stated that we need an orientation session before the codes are changed.
ADMINISTRATIVE REPORTS
5. CITY MANAGERÕS REPORT
City Manager Bates introduced the new Interim City Manager, Shauna Clark. He stated that the orientation process is going very well. Mr. Bates urged all residents to subscribe to the Paramedic Membership Program.
Mayor Bergman noted that you can sign up at any time, but the $45 will not be pro-rated due to the cost and administrative work.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated that she had nothing to report, but wanted to express her pleasure at having worked with Ron Bates.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director Powers stated that he has learned much from working with Ron Bates. He also stated that he will answer any questions about his written report.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that he felt the same way that others have expressed about Ron Bates, but he had expected him to stay through the building of the Fire Station. He stated that he considers Ron a good friend and mentor. He stated that Ron Bates understood the problems that the Fire Department has and he will be looking forward to working with Interim City Manager Shauna Clark.
Chief Nielsen reported that in the first six months of 2007, out of 175 medical calls, 101 went to the East Side and required paramedics. In 2006, out of 182 medical calls, 121 went to the East Side requiring paramedics. Chief Nielsen noted that the Paramedic Subscription Program does not include ambulance service. Most of the time ambulance service is covered by insurance.
Fire Chief Nielsen answered a question from Council Member Baroldi, saying that since the Automatic aid service started, we have been called 49 times and we have not called L.A. County at all. On some of the 49 calls we were cancelled before we responded.
9. SHERIFFÕS DEPARTMENT REPORT
Sheriff Lieutenant Weldon stated that City Manager Bates was always supportive of their efforts. He commended Kathy Sauble and the Neighborhood watch Group for what they are doing. It is impressive in a City of this size. There has been a gate put up in the Flat Top area and we are hoping this will alleviate some problems in that area. We have had 5 burglaries this month and 3 of them were where something was not locked or closed. He stated that they did a search in La Puente where they found 30,000 pieces of mail from the surrounding area.
CONSENT CALENDAR
It is recommended that Items 10 through 17 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 OCTOBER 2007
RECOMMENDATION: Approve
11. MONTHLY TREASURERÕS REPORT FOR SEPTEMBER 2007
RECOMMENDATION: Approve
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
RECOMMENDATION: Receive and File
13. CITY COUNCIL MINUTES Regular Meeting of October 11, 2007
Special Meeting of October 17, 2007
RECOMMENDATION: Approve
14. AHUACATE SLOPE FAILURE REPAIR
RECOMMENDATION: That Council certify by a four fifths vote that the work on the Ahuacate project needs to continue.
15. CONSIDERATION AND ADOPTION OF A STATEMENT OF INVESTMENT POLICY AND DELEGATION OF INVESTMENT AUTHORITY
RECOMMENDATION: That Council approve and adopt Resolution No. 2007-22 adopting the statement of investment policy, delegating investment authority to the City Treasurer and rescinding Resolution 2006-27.
16. CITY TREASURERÕS JOB DESCRIPTION
RECOMMENDATION: That Council approve the City TreasurerÕs Job Description.
17. AWARD PAINTING CONTRACT FOR PARK GYMNASIUM
RECOMMENDATION: That Council authorize the City Manager to sign a painting contract with Royalty Painting for painting The Park gymnasium building in an amount of $14,500.
Staff asked that Item 17 be held so they can do some more work on it and continue it to the next meeting.
Council Members Millsap and Baroldi asked that Item 16 be withdrawn and brought back next time after it is looked at again.
Mayor Pro Tem Carroll moved approval of Items 10 through 15. The motion was seconded by Council Member Millsap.
Council Member Vipperman spoke about comments that were made at the last City Council meeting by Stephen Blagden which he took exception to as being wrong. The statements were about the meeting with Supervisor Knabe. He had commented that Council Member Baroldi at that meeting wanted to see Hacienda Road widened. None of the Council would want to see that. Mr. Blagden also spoke of a letter that I sent concerning the Fire Department leaving our City unprotected in two cases. I found later that I had wrong information and I apologized publicly and in private to the Chief. Mr. Blagden also stated that Òteam VippermanÓ had threatened to sue the City. That also was not correct. This type of thing should not be happening.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
PUBLIC HEARING
18. MUNICIPAL CODE AMENDMENT 2007-02
RECOMMENDATION: That the City Council open the Public Hearing, take public testimony and give second reading to Municipal Code Ordinance 2007-02
City Manager Bates reported that this is for a second reading. There is a typographical correction under 7.3.80 on the bottom of the first page of the Agenda Report, where it says Òwhen the tank is not enclosed in the Generator Assembly.Ó is changed to read; Òwhen the tank is factory installed with the Generator.Ó That language should also be used at the top of the next page under Conditional Uses and on page 1 of the Ordinance.
Stephen Blagden, Citron Road, noted that at the Stephenson Ranch fire they had Òheat resistant windowsÓ. Does that apply to Fire Zone 4 or not? Draft hydrants could be very important so the fireman would not run out of water.
Community Development Director Powers stated the Fire Zone 4 standards we use do cover fire resistant windows.
Council Member Vipperman asked Chief Nielsen about home pools having draft hydrants.
Fire Chief Nielsen stated that we do carry jet siphons on all of our units that can suck the water from a swimming pool directly to the engine. He did not think it was reasonable to require new pools or already existing pools to have draft hydrants due to the large cost. We have tested the siphons and they work very well.
City Attorney Levin commented that when it is time to make the motion, add that you waive further reading and I will read the title of the Ordinance.
Mayor Pro Tem Carroll moved to adopt on second reading Ordinance 2007-02 and to waive further reading of that Ordinance. City Attorney Levin read the Ordinance title. The motion was seconded by Council Member Vipperman and was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
19. ORDINANCE 2007-03 CREATING THE CIVIC CENTER UNDERGROUND UTILITY DISTRICT
RECOMMENDATION: That the City Council approve Ordinance 2007-03 ÒCreating the Civic Center Area Underground Utility DistrictÓ on the 1st Reading and direct staff to notify affected property owners as required by law, and hold a second Public Hearing on the Ordinance at the Regular City Council Meeting on December 13, 2007.
City Manager Bates presented the Staff Report on creating the underground district at the West and Hacienda site. If the Ordinance 2007-03 for creating the underground utility District is approved tonight it will have to be approved by Edison and the objective will be to coordinate the under grounding so it occurs at the same time as the construction of the Fire Station. There is a portion of the electric billing saved for an under grounding account and will be spent on this project. There are about five homes that are outside of the extension and that will be part of the CityÕs development costs.
Council Member Baroldi noted a difference in a measurement of where the District starts between the Staff Report and the Ordinance.
City Manager Bates stated that he assumed the 45 feet from the centerline of the road was the correct measurement and would check into that difference.
Council Member Baroldi noted that in the Ordinance it states that the cost is the responsibility of the property owner.
City Manager Bates stated that the intention is to not put a burden on the 5 residents.
City Attorney Levin explained that this is a very technical area and these Ordinances have been negotiated and approved by the Edison Company. The Ordinances do not usually contain funding issues. It has to be set up as it is, and then the City can elect to pick up the cost. The Council makes the decision on this.
Mayor Pro Tem Carroll moved to approve Ordinance 2007-03 creating the Civic Center Area Underground Utility District. The motion was seconded by Council Member Millsap.
Council Member Baroldi noted that it is with the clarification that the measurement in question is 45 feet.
Council Member Vipperman asked what the cost is to complete this item.
City Manager Bates stated that the cost should be very close to what has been saved over the years. Edison will probably work with us if there is any difference. The only thing we would have to pick up is for the extension for those five homes.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Attorney Levin repeated the motion and stated that Chapter 17 would be added to Article 4 of the Municipal Code and to waive further reading of that Ordinance.
SPECIAL CITY COUNCIL MEETING
Mayor Bergman stated that they would go into the Special Meeting part which consists of Òapproval of the temporary employment agreement for Interim City Manager, Shauna ClarkÓ.
City Manager Bates stated that all of the Council Members have a copy of the agreement.
Mayor Pro Tem Carroll moved to approve the employment agreement. The motion was seconded by Council Member Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
The Council greeted Shauna Clark as Interim City Manager.
Mayor Bergman stated her experience and noted that she was well qualified.
CITY COUNCIL COMMENTS
Mayor Pro Tem Carroll commented to Shauna Clark that the meetings are not usually this length.
Council Member Vipperman stated that he has already signed up for the paramedic program. He also asked if it is possible for the volunteer firemen to park their cars at the Water Company while the City having City Council Meetings in Multi Purpose room.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
George Edwardz talked about the recent fires and stated that there were problems with not having enough water. He stated that in his opinion draft hydrants were still very important and the jet siphon cannot pump as fast to fill the engines. A draft hydrant can pump much faster and he stated that even though we have a rule about draft hydrants on new pools, we still have never installed one. He would like to see more progress in this area.
ADJOURNMENT
Mayor Bergman adjourned the November 8, 2007 City Council Meeting at 9:22 p.m.
ATTEST:
_____________________________
Shauna Clark, Interim City Clerk