CITY OF LA HABRA HEIGHTS

 

REGULAR CITY COUNCIL MEETING MINUTES

 

DECEMBER 13, 2007

 

 

CLOSED SESSION

 

CONFERENCE WITH LABOR NEGOTIATOR

G.C. 54957.6

 

            City Negotiator: Shauna Clark, Interim City Manager

 

            Unrepresented employee: Administrative Secretary

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Bergman called the Regular City Council Meeting to Order at 7:39 p.m. on December 13, 2007. Mayor Bergman noted that they have just returned from closed session and asked City Attorney Sandra Levin if there was anything to report.

 

City Attorney Levin stated that there was no reportable action taken.

 

2.              ROLL CALL

 

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

 

Also Present: City Attorney Sandra Levin, Interim City Manager Shauna Clark, Community Development Director Justin Powers, Fire Chief John Nielsen, and Sheriff Deputy James Bickel.

 

3.              FLAG SALUTE

 

Councilmember Millsap led the flag salute.

 

4.              PRESENTATIONS

 

·      Deputy James Bickel awarded the LA County STARS Service Excellence Award for November 2007

 

Mayor Bergman presented a Certificate of Recognition to Deputy Bickel for dedicated services to our City. Mayor Bergman also mentioned that Deputy Bickel has been awarded the November STARS Service Award for his service qualities.

 

·      Claire Spothelfer, Certificate of Appreciation for Music in the Park

 

Mayor Bergman presented a Certificate of Appreciation to Claire Spothelfer for Music in the Park from 1989 to 2007. Mayor Bergman also presented a Certificate from LA County Supervisor Don Knabe in recognition of her service. Mayor Bergman noted that Paul Spothelfer has also done a lot for the Community.

 

Carolyn DiMario presented a plaque to Claire Spothelfer from the La Habra Heights Improvement Association. She stated that they were having a reception for her now at the School.

 

Claire’s daughter presented her with a bouquet from her family.

 

Mayor Bergman called for a short break at 7:49 p.m. and reconvened at 8:07 p.m.

 

·      Public Works Committee, Chairperson Jerry Shipman

 

Chairman Shipman stated that the work on Ahuacate is progressing and should be finished by late January. It is FEMA funded and requires that the Council approve that this is an emergency as listed in Item 14. The contractor doing Pavement Management will give a presentation to the Council at the January Meeting. That will lead to a 5-year CIP Plan which will progress to the problem of Las Palomas. We need more Engineering evaluation to select the best option to fix it. It will be very expensive and must be in the budget for 2009. We will do this together with Zone 2. We will begin work on Zone 1 in July 2008.

 

·      Emergency Preparedness Committee, Chairperson Kathy Sauble

 

Chairman Sauble stated that her theme for this month is on flooding. Ms. Sauble listed items we should provide and take care of before there is actually a flood, such as clean drainage on your property. When there is a flood warning move important items and papers to upper floors and follow any instructions to vacate your area and turn off electricity before you leave the property. Follow rules for such conditions. Do not use fresh or canned foods that have been in flood water. Flood waters may be contaminated.

 

Ms. Sauble stated that Emergency Preparedness is working on safety issues and working with Neighborhood Watch groups in the Community and also with the Fire Department’s liaison. She stated that there is also a danger during “red flag” days when cars are parked on our narrow streets. She thanked the Sheriff’s Department for promoting and helping to create the Neighborhood Watch Program.

 

Council Member Millsap stated that it would be helpful if the City has more information about the Neighborhood Watch Program, such as streets covered and team leaders.

 

Ms. Sauble stated that some areas are in organizational mode, but have not been fully started at this time. She stated that they do have people located in different areas of the City and are trying to spread to others.

 

Judy Francis stated that they are trying to develop this in January and we will inform the Council about it. We can’t really do streets as our streets do not have the open views as in other cities. We are interested in setting up two areas in January. Ms. Francis stated that she would meet with Council Member Millsap and present what we are working toward.

 

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

 

            Stephen Blagden, Citron Road, commented that since City Council Member’s comments are part of Public Record, it should not be taken as an attack on them personally if a Public Comment is made repeating their statement, and Council should not castigate the speaker who comments on public policy or official actions. Mr. Blagden stated his opinion that we should be strengthening our Codes rather than weakening them. We need a public meeting explaining our new Codes. Our Codes should be protecting our property values and rural environment which we moved here for. He noted that there are a lot more commercial trucks on Hacienda and it might be time for increased enforcement.

 

            Mayor Bergman noted that the Historical Committee decorated the room tonight and expressed thanks and appreciation.

 

ADMINISTRATIVE REPORTS

 

5.              CITY MANAGER’S REPORT

 

Interim City Manager Clark stated that they want to continue Item 15 until next month and continue Item 16 indefinitely. Ms. Clark explained that the floor tiles in the Multi-purpose room contain about 5% asbestos and so there will have to be a consultant look at the asbestos issue to mitigate it and work with us as part of the repair to the building from the car accident. She noted that our insurance carrier will take care of hiring the consultant. She stated that they will try to have the room ready for the January meeting.

 

6.              CITY ATTORNEY’S REPORT

 

City Attorney Levin had no report.

 

7.              COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

 

Community Development Director (CDD) Powers commented that they have had 5 five plans for new houses submitted this week. Mr. Powers stated that there will be a public meeting on the new Municipal Codes on January 21 from 4:00 p.m. to 6:00 p.m.

 

Council Member Baroldi asked for the status of the property at Nabal and Cypress.

 

CDD Powers noted that it is in Plan Check and they are working on finalizing the project. They must have it done by the third week of January.

 

8.              FIRE CHIEF’S REPORT

 

Fire Chief Nielsen expressed his appreciation for Deputy Bickel’s work. Chief Nielsen stated that they need to have a better way to alert the Community to Red Flag warnings, because we will tow cars on our narrow streets during those warnings. Chief Nielsen stated that in January the Fire Department will have a drill that will include EPC, CERT, City Staff and EOC. This exercise will be to help us see where we need more training. He stated that they had a meeting about an East Side Station and decided that our City Engineer will be a good Project Manager. He is very involved in the construction of the LA County Fire Station on Beach Blvd. We hope to provide a budget and schedule for the East Side Fire Station in February.

 

Council Member Vipperman asked Chief Nielsen to give an update at the next meeting on our ISO status.

 

9.              SHERIFF’S DEPARTMENT REPORT

 

Sheriff Deputy Bickel stated that he has nothing further to report besides the written report.

 

Mayor Bergman commented that they did have another arrest from our camera system.

 

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.

 

            Stephen Blagden, Citron Road, stated that on Item 16 for a bid on painting the gymnasium, the quality of the paint needs to be specified. It might also be specified that the paint surface needs to be sanded before painting.

 

            CDD Powers stated that one of the reasons it is being pulled, is that they are going to tighten up the specifications.

 

10.           APPROVAL OF WARRANTS REGISTER FOR NOVEMBER 2007

 

RECOMMENDATION:                    Approve

Council Member Millsap asked if “RIC INSTRUCTOR” applies to the Fire Department.

 

Fire Chief Nielsen stated that it was for an instructor to teach at the Academy.

 

11.           MONTHLY TREASURER’S REPORT FOR OCTOBER 2007

 

RECOMMENDATION:                    Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

RECOMMENDATION:                    Receive and file

 

13.       CITY COUNCIL MINUTES         Special Meeting of October 30, 2007

                                                                        Special Meeting of November 1, 2007

                                                                        Special Meeting of November 8, 2007

 

            RECOMMENDATION:                    Approve

 

14.           AHUACATE SLOPE FAILURE REPAIR

 

RECOMMENDATION:                    That Council certify by a four-fifths vote that an emergency still exists and the repair of the slope failure project needs to continue.

 

15.           CITY TREASURERS JOB DESCRIPTION – REVISED

 

This Item was continued until the next meeting.

 

16.           AWARD PAINTING CONTRACT FOR PARK GYMNASIUM

 

This Item was continued indefinitely.

 

17.           ANNUAL ROAD MAINTENANCE PROJECT (2007)

 

RECOMMENDATION:                    That Council approve the Notice of Completion for the construction of the Annual Road Maintenance Project and the allocation of an additional $30,000 from Prop. C funds to cover the cost for the guardrail.

 

            Mayor Pro Tem Carroll moved to approve and receive and file where applicable on Items 10 through 14 and Item 17. The motion was seconded by Council Member Vipperman and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

PUBLIC HEARING

 

18.           ORDINANCE 2007-03 CREATING THE CIVIC CENTER UNDERGROUND UTILITY DISTRICT

 

            RECOMMENDATION:                    That the City Council hold a second Public Hearing on the Ordinance 2007-03 and adopt Ordinance 2007-03 “Creating the Civic Center Area Underground Utility District” by title only and waive further reading.

 

            CDD Powers stated that this was the second reading of the Ordinance.

 

            City Attorney Levin read the title of the Ordinance as part of the motion.

 

            Mayor Pro Tem Carroll moved to approve the Ordinance 2007-03 an Ordinance of the City Council of the City of La Habra Heights “Creating the Civic Center Area Underground Utility District” and adding Chapter 17 to Article 4 of the Municipal Code and waive further reading. The motion was seconded by Council Member Vipperman and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            Council Member Baroldi noted that on page two (2) the 4.17.10 section number is repeated twice and one needs to be removed.

 

19.           RESOLUTION NO. 2007-23 AND ORDINANCE 2007-04 REGARDING CITY MANAGER CONTRACTING AUTHORITY

 

RECOMMENDATION:                    That Council adopt Resolution 2007-23 and that the Ordinance 2007-04 be introduced for first reading by title and waive further reading.

 

            Interim City Manager Clark stated that she brought this Item forward because she found that there was no provision for authority in the Code for Professional Services Contracts. This adds that to the Code at the same signature authority as supplies and equipment. Ms. Clark noted that the Resolution expresses the Council’s intent to make that Code change.

 

            City Attorney Levin explained that this has been the practice in the past, but we can find no record of this so we will fill the gap with this item. The Ordinance will keep it in the Code where we can find it.

            Mayor Pro Tem Carroll moved to approve Resolution 2007-23 to give the City Manager authority to purchase certain contracts. The motion was seconded by Council Member Baroldi and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            Mayor Pro Tem Carroll moved to adopt Ordinance 2007-04, an Ordinance of the City of La Habra Heights, creating Section 2.6.20.A.4 and amending Section 2.8.50-2.8.70 of the La Habra Heights Municipal Code regarding City purchasing policy. Introduce first reading by title and waive further reading. The motion was seconded by Council Member Vipperman and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

CITY COUNCIL COMMENTS

 

            Council Member Vipperman stated that he would like to encourage our City Council to adopt a military unit that we can work with when they are stateside. We can show our support for them.

 

            Interim City Manager Clark stated that it can be placed on the Agenda for the next meeting.

 

ADJOURNMENT

 

            Mayor Bergman adjourned the December 13, 2007 City Council Meeting in honor of the late former Mayor Glenda Tuppan. The meeting was adjourned at 8:54 p.m.

 

            ATTEST:

 

 

            __________________________________

            Shauna Clark, Interim City Clerk