CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR CITY COUNCIL MEETING
MARCH 8, 2007
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)
Name of Case: Dean Smith v. City of La Habra Heights. Case No. VC 047381
á New City Computer System
á Police Vehicle with Automated License Plate Recognition (ALPR) System
1. CALL MEETING TO ORDER
Mayor Tela Millsap called the Regular City Council Meeting of March 8, 2007 to order at 7:36 p.m. Mayor Millsap stated that they have just come out of Closed Session and asked City Attorney Levin if there was anything to report.
City Attorney Levin stated that no reportable action was taken.
Mayor Millsap stated that they also had a Study Session on the Computer System and the Police Vehicle.
2. ROLL CALL
Those present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas, and Fred Klein.
Staff present: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, Fire Chief John Nielsen, Fire Marshal Ken Hill, Sheriff Lieutenant Michael Claus, Sheriff Lieutenant Mark Weldon, City Engineer Majdi Ataya, Traffic Engineer Chris Gray.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. PRESENTATIONS
á Presentations by Mayor
Mayor Millsap presented a plaque in appreciation of Sheriff Lieutenant Claus as he is leaving the City.
Sheriff Claus stated that he had enjoyed working in this City and would be moving to the Norwalk Station, working in Operations.
Mayor Millsap next presented a plaque of appreciation to outgoing City Council member Douglas for his service to the City.
Dickie Simmons, representing Supervisor Don Knabe, presented a plaque to Bruce Douglas for his service to the City. He stated that the plaque has the old County Seal.
Martin Offenberger, noted the hard work of Councilmember Douglas for the City and that he has shared his technical knowledge and experience for free.
Councilmember Klein mentioned Councilmember DouglasÕ participation and aid with the road problems in 1994 as part of the sub-committee.
Roland VomDorp mentioned the time Councilmember Douglas has spent on the GPAC for the General Plan starting in 2001, and on the Planning Commission.
Anne Cote noted that Councilmember Douglas led in efforts for the protection of open space and opposition to a large development. He has continued with his opposition to the AERA project, which would endanger the Wildlife Corridor. Ms. Cote noted she would provide him with a native plant, a purple sage.
Bob Henderson, Whittier, stated that Councilmember Douglas has worked with the Habitat Authority when they were trying to buy areas such as Powder Canyon and is now working with HOSEC to help the Habitat Authority to acquire the AERA land. He also mentioned that Councilmember Klein has worked with him through WCCA.
Mayor Pro Tem Bergman stated that Councilmember Douglas was a great help to him when he first came on the Council and mentioned his work on new Ordinances.
Mark Blodgett, consultant, mentioned that in his 20 years as a consultant he had never found anyone that spent so much time and effort to benefit a City.
Martin Offenberger presented Councilmember Douglas with a card signed by many residents. He also presented him with gifts from residents.
Councilmember Douglas thanked everyone for their appreciation. He stated that many people worked to keep the vision of this City alive. As the dream faded at times, there were always others that worked for and expanded it. Mr. Douglas noted the many improvements and hard work to prevent the dream being destroyed. We have learned from the past and striven for professionalism in all departments. He stated that the new Council has an opportunity to continue working for the goals of our City.
á Air Quality Management Plan – Rainbow Yeung
Rainbow Yeung presented a report on the AQMP. Ms.Yeung stated that they deal with ideas and concepts. She stated that they are a Government Agency on Air Pollution Control and presented figures on the results from air pollution. Ms. Yeung noted how far they still have to go to meet safe standards and 80% of the pollution is caused by mobile sources with California having the worst air pollution in the United States.
Councilmember Carroll asked if restrictions on when paving can be done and the heat islands that would require white material if repaving, is in their present plan.
Rainbow Yeung noted that they would find out and get back to the Council.
City Manager Bates commented that the bottom line in Southern California for air quality is with the Air Resources Board at the State level and EPA to start regulating railroads, planes, ships and cars that has been put off at the State and Federal level.
Rainbow Yeung noted that she brought pamphlets for the residents.
á Public Works Committee, Chairperson Jerry Shipman
Jerry Shipman explained that the Zone 5 maintenance work should begin at the end of June. Item 17 contains a Resolution to initiate new Assessment District 4. Ahuacate is a big problem. We had FEMA approval and then found out it was going to cost more than originally estimated and we have had to go back to FEMA to get that approved. Las Palomas is a problem and we will need to request approval for a special test to find out what is wrong with it. He stated that they still need a volunteer for the Committee. He stated they meet the first Tuesday of the month and a volunteer does not need any special knowledge.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Kathy Sauble stated that she would speak on Home Safety. She encouraged implementing the Neighborhood Watch Program through the Sheriffs. She stated that last month there were two incidents of home invasions. Ms. Sauble stated that they would be working on a plan for volunteer management in the event of a disaster. Next month is Earthquake Preparedness Month. We did cancel our Community Fun Day in The Park for April as we were encouraged to join with the Avocado Festival on May 19 from 10:00 a.m. to 4:00 p.m. We will not have the Shakey-Quakey exhibit as it is scheduled in another City. Ms. Sauble noted some of the other interesting items they will have. Ms. Sauble thanked Fred Klein and Bruce Douglas for their service.
á Will Slattery – Avocado Festival
Will Slattery, member of the Parks and Recreation Committee, stated that on May 19 from 10:00 a.m. to 4:00 p.m. they would have the Avocado Festival. He stated that there would be many avocado-related items and information. Mr. Slattery noted that they need volunteers for the Festival and anyone wanting to help, contact him or City Hall.
1:10:27
Howard Vipperman, Chota Road, thanked Fred Klein and Bruce Douglas for their service for the City, and thanked the voters that voted for him to be on the new Council. Mr. Vipperman stated that the Residents he spoke to were interested in a new Fire Station, but they were concerned that the survey did not happen and many were not happy with the site selected by the Council. Mr. Vipperman stated that the numbers are still vague to the people. He stated that if the Fire Station were built at Hacienda/West the City Hall would follow, leaving this site vacant for low-income housing. He stated that he was in favor of an affordable Fire Station at the current site and asked the City Council not to vote on Items 16 and 19 tonight.
George Edwardz, Fullerton Road, stated that the Community is opposed to a new City Hall; City has done nothing to increase fire protection. We should be providing adequate fire and rescue protection for everyone. He asked that the Council not move forward on moving the Fire Station until we get the Automatic Aid Agreement and the ISO report.
Annika Lystrup asked that the Council allow her and her siblings to sell goatÕs milk soap and pet treats at the Avocado Festival and the Garden Harvest. She stated that this would encourage other children to start little businesses; would display the uniqueness of La Habra Heights. This is a great learning place for children.
Paul Carey, Avocado Crest Road, asked that the Council postpone any more expenditure for the Fire Station at the Hacienda/West Road site and stated that he thought it should be at the present site. Mr. Carey stated that he would like more information on Item 15 before spending $50,000 on license reading. What can we expect to get back from that money?
Layne Baroldi, Reposado Drive, thanked the residents for their support. He stated that one of the biggest issues was the Fire Station and he would like it here. Mr. Baroldi also thanked Bruce Douglas and Fred Klein for their service. Mr. Baroldi commented that some years ago four firemen died in a brushfire here and he suggested that the Fire Station be dedicated in their name. He also mentioned a family who had wanted some of his flyers so they could take their children around the neighborhood to participate in the election process.
Roy Francis, Chota Road, thanked Fred Klein and Bruce Douglas for their dedicated service to the Community. He asked that they put off the vote for the environmental impact report at Hacienda/West Road. The new Council may have some new ideas. Mr. Francis stated that he was unsure of the proposed size of the Fire Station.
Fire Chief Nielsen stated that the largest size he had asked for was 16,000 square feet, and now it is down to 12,000 square feet. He stated that this includes the apparatus bays.
1:24:55
5. CITY MANAGERÕS REPORT
City Manager Bates noted that Planning Department employee, Araceli Gonzalez, has been hired as the Assistant Director of Communications for Southern California for Governor Schwartzenegger.
City Manager Bates noted that the City had a 35% turnout of the active registered voters on Tuesday. Both Layne Baroldi and Howard Vipperman were elected to the City Council. Mr. Bates commented that Joe was able to capture video of the actual process of the vote count as it went on and it will be on the cable. Mr. Bates noted that there was a slight problem with the voting machine and with the proper advice from the election consultants they solved this problem so the counter would count even the problem votes. We had a total of 1224 votes and still have 75 provisional or absentee votes turned in at the polls and are now with the County Recorder.
City Manager Bates explained that the present City Council will serve until March 22, 2007 and the new Council will be installed then.
City Manager Bates stated that someone went to the Meeting on the Group Home Conference in Newport Beach and there is a Staff Report available on this.
City Manager Bates stated that he would like their approval to send a letter to the League in support of SB286 by Senator Dutton on local streets and road transportation funding. It helps the distribution to cities so that we will get our fair share of Proposition 1B funding.
City Manager Bates agreed that we will not have the same machine next time we vote, or at least some solution to the problem.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated that she had nothing to report.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director (CDD) Powers mentioned the letter they wrote to the Southern California Association of Governments on a request for revision in our RHNA numbers. He also noted that they are trying to improve the different reports for Council.
Councilmember Douglas thanked CDD Powers for his close attention to detail on this and his creative ideas.
City Manager Bates stated that they also hope to work on the possibility of getting not only a low number from RHNA, but also include Senior Housing.
City Attorney Levin explained that the mandate of the State is that you must identify specific parcels within the community where your full RHNA allocation can be accommodated. If you cannot do this, then the State requires that there be at least some areas within the City where housing can be built at a density of at least 20 units per acre, without a CUP process or a discretionary review.
Howard Vipperman stated that Villa Park is similar to us and their RHNA number is 18. He asked if anyone spoke to them as to how they got this lower number.
Councilmember Douglas stated that he visited Villa Park and that it was difficult to compare. It has a few streets that donÕt have curbs and gutters and also has fairly high-density areas and they are able to count many of the second units, which we would have difficulty doing. They are really quite different. Bradbury is also very different.
City Manager Bates stated that the numbers always start with the population and this is figured in all the formulas to find your allocation. Developable parcels go along with low numbers. He stated that we have between 200 and 300 that are still developable.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen thanked Councilmember Douglas for his support and making La Habra Heights a safer place. He stated that they would continue to work on the safety issue.
9. SHERIFFÕS DEPARTMENT REPORT
Captain Mike Smith, wished Fred Klein and Bruce Douglas success in their future. He stated that Lieutenant Claus is leaving the City and had been a great asset here. He is moving up to a position at Norwalk. Captain Smith introduced Lieutenant Mark Weldon, who has been with Industry Sheriff for over 25 years.
Councilmember Carroll noted that the hazardous citations were down considerably this year from last year.
Lieutenant Claus stated that he was of the opinion that this was due to their aggressiveness on speeding. Lieutenant Claus gave a breakdown of burglaries reported.
1:56:19
It is recommended that Items 10 through 13 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 WARRANT REGISTER – February 2007
11. TREASURERÕS REPORT – January 2007
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
13. CITY COUNCIL MINUTES Regular Meeting of February 8, 2007
RECOMMENDATION: Approve
Councilmember Carroll moved to approve Items 10, 11, 12, and 13. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
14. TRAFFIC EVALUATIONS – HACIENDA ROAD SOUTH OF AVOCADO CREST
RECOMMENDATION: That Council implement relocation/modification of existing signs, roadside visibility enhancement, and installation of flashing beacons and rumble strips.
Community Development Director Powers noted that this includes an evaluation of the road at that point and the data collected from the SheriffÕs Department.
City Engineer Ataya stated that the study area is about 1,000 feet from City Hall on Hacienda Road to Avocado Crest. After studying the problem at the double curves, we came up with this report.
Chris Gray, Traffic Engineer, presented the report of the problem, including a history of the accidents involved in the area and past studies and surveys. There is both a speed issue and a volume issue. He stated that they are recommending ÒRelocation/Modification of Existing SignsÓ, ÒInstallation of Flashing BeaconsÓ and ÒInstallation of Rumble StripsÓ. He stated that the rumble strips would just be down the center of the road. Mr. Gray also recommended that some bushes and trees should be trimmed to enhance visibility. All of the suggestions would cost approximately $4,150.
Mayor Millsap asked if they considered guardrails on the southbound side. She noted that not all of the accidents are reported.
Mr. Gray stated that they had not considered guardrails, as this would be more expensive than their budget. He felt that the rumble strip would serve much the same purpose.
City Engineer Ataya stated that if someone hit the guardrail, they could get hurt. He stated that they also do not match the rural character.
City Manager Bates stated that they thought these suggestions were a good first step and we should see how they work. The guardrail could be tried later if necessary.
The Councilmembers discussed the pros and cons of the recommendations.
Lieutenant Claus suggested that they could give an analysis on who is crashing. This might make a difference in how we treat the situation. He stated they could even post a deputy in the area.
Don Chilson, homeowner at that location, stated that in 2006 they had 21 accidents between the first and second curve. We frequently have to replace our fence. He stated that they are coming around that curve at 65 MPH. He stated that they are going too fast and the road is not banked.
City Engineer Ataya stated that it might help to bank one side of the road.
City Manager Bates asked the Sheriff if they have anything with radar that they could get the license and just send them a ticket for speeding.
Lieutenant Claus stated that he would check into that and report on it.
Councilmember Klein stated that some places do have speed activated cameras.
Judy Hathaway Francis stated that the homeownerÕs information is essential and they need to be protected. She expressed interest in the guardrail.
The Council consensus was to continue this item and look into the guardrail, the edging, the type of problem and figure something to slow the traffic southbound and get a report from the Sheriff.
Lieutenant Claus suggested that he would have Traffic Safety Sergeant Joe Dyer attend the next meeting.
Mayor Pro Tem Bergman asked that the Engineer consult with Mr. Chilson.
2:28:52
15. IMPLEMENT AN AUTOMATED LICENSE PLATE RECOGNITION
RECOMMENDATION: That Council authorize the City Manager to enter into an agreement with PIPS Technology to provide all hardware, software, and installation of the system for an amount not to exceed $50,000.
City Manager Bates stated that Item 15 is considered a way to increase security in our City. This would be used as a tool of investigation for law enforcement. Lieutenant Cheryl Newman helped us to evaluate two systems. We are recommending the PIPS system for our City. This system rather than being mobile in a SheriffÕs car, will be at fixed locations. The money involved would be from the CLEEPS fund, which is for law enforcement only. There would be no General Fund money used. There will be an annual maintenance cost of $3,275 after the first year.
Mr. Bates stated that if approved, the residents would be notified when it is started, and it would be noted coming into the City without the location being identified.
Lieutenant Cheryl Newman who works for Sheriff Baca, introduced Deputy Chris Kovac who will be able to answer all of the technical questions. The information from this system belongs only to law enforcement for the purpose of public safety. Lieutenant Newman noted that this system could be used for investigation on hit and run activity at the curves mentioned in Item 14 as this is a crime. Lieutenant Newman stated that the PIPS system has been rated highest in accuracy.
Mayor Millsap noted that only Sheriffs would view the system results.
Paul Carey, commented that there are only 4 cameras and there are other ways to enter the City that wouldnÕt be covered. He stated his opinion that it was a lot of money for the low crime rate we have. He suggested the company give us a free trial for three months.
City Manager Bates explained where CLEEP funds come from and what they can be used for. He stated that the City has gathered $61,000 at present. He stated that he is going to investigate if the City can use some of the CLEEP or COPS money for the later maintenance costs.
Councilmember Carroll stated that he had some reservation on how helpful the system would be to us. He stated that it started because of the illegal dumping and he would like to know how much we have spent to clean up the dumping and graffiti. This technology will come down in price.
City Manager Bates noted that most of the dumping and graffiti is done at night, off peak hours. The volume would be much less at that time. The camera would have the license number, and a picture of the vehicle.
Deputy Kovac stated that having a picture of a gang vehicle that is listed in the data base would be very helpful in associating the gang member with the graffiti.
Paul Carey suggested that they could buy one or two police cars with this money and drive them around to patrol the area.
Joe Kennedy noted this could be very helpful in the case of arson. It would provide extra help.
Lieutenant Cheryl Newman, stated that this technology is not new. It has been in use for many years. There are many fixed sites in the State of California. Your City would be the first City in California to have fixed sites.
Stephen Blagden, Citron Road, stated that with this system you have 24/7 coverage. That makes it cost affective.
City Manager Bates stated that they would be able to provide system reports on the results as often as the Council wants.
Faith Grimm asked how this system would compare with regular surveillance cameras.
Deputy Kovac explained that regular surveillance cameras just wouldnÕt be able to do the job this system is able to do. He stated that they are not only interested in catching a person after a crime, but to catch a stolen car or one wanted for a robbery when it enters the city.
Faith Grimm stated that she was concerned with the cost of the system.
Mayor Millsap paused for an intermission at 10:37 p.m. and reconvened at 10:47 p.m.
Lieutenant Claus agreed with Deputy Kovac and stated that a stolen car is just an invitation to continue with further crimes. He stated that we are contracted by the City and that provides police cars. The CLEEP money could not buy police cars.
Will Slattery asked if this might possibly affect insurance rates and if we see a suspicious car and phone it in, could the system aid them in catching this person? Mr. Slattery asked if we are scheduled for more cameras in years to come. Can they be moved when wanted?
City Manager Bates noted that if after we see how well they work, after our CLEEP money builds up, if we can also use the COPS money, we might decide to buy more of the cameras.
Mr. Slattery asked if this could be used to detect overweight trucks in the city.
Deputy Kovac stated that something possibly could be set up for that.
Lieutenant Claus stated that we will defer that to Sergeant Joe Dyer next month.
Councilmember Douglas commented that La Habra Heights isnÕt just a little city by itself; it is in the middle of the densest metropolitan area of the United States. This system holds great promise.
Councilmember Douglas moved to authorize the City Manager to enter into an agreement with PIPÕs Technology to provide all hardware, software, and installation of the system for an amount not to exceed $50,000. The motion was seconded by Councilmember Klein.
Mayor Millsap asked if the SheriffÕs Department already has someone to monitor this.
Lieutenant Claus explained that someone would be watching what is going on and dispatch according to the need.
Mayor Pro Tem Bergman stated that the cameras should be very helpful during the night.
Deputy Kovac stated that it would also be helpful in pattern matching.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
Councilmember Carroll stated that he was opposed based on the cost and would like to see other cities use this first.
3:24:06
16. 1505 N. HACIENDA ROAD – ENVIRONMENTAL REVIEW PREPARATION AGREEMENT WITH BONTERRA CONSULTING
RECOMMENDATION: That Council authorize the City Manager to sign an agreement in an amount not to exceed $40,000.
Councilmember Carroll asked that the Council follow the suggestions to pull this item and save it until after we reorganize.
The Council did not agree to this.
City Manager Bates presented the Staff Report. He stated that after checking several consulting firms they interviewed LSA and BonTerra. BonTerra seemed able to meet the proposed timelines. BonTerra has a very good team and they will be looking at the alternate sites also.
Community Development Director Powers stated that in a past job, he reviewed environmental forms, documentation, EIRÕs and negative declarations for hundreds of entities, Both of these were at the top of the list for quality and timeliness of completion of projects.
Mayor Millsap opened the meeting for public comment on this item.
George Edwardz, Fullerton Road, stated that he cannot understand why the Council continues to pursue this against the approval of the public. We are moving the station one-minute further away. He stated that we still donÕt know what the new ISO rating is. We should find out the results of the ISO rating and the Automatic Aid agreement first as they could affect the environmental impact. The new Councilmembers should be involved in the decision.
Layne Baroldi, Reposado Drive, stated that he was of the opinion that this Item should wait for the new Councilmembers. He asked when the ÒOperation to ProceedÓ would be issued for CEQA.
City Manager Bates answered that ordinarily, that would be at the completion of the signed contract. Usually within a week or two.
Mr. Baroldi stated that since CEQA is required to investigate all of the option sites and the emphasis is on the Hacienda/West site, in the next two to five weeks, we would be wasting in excess of $20,000 by going ahead. He stated that he was concerned about this.
Faith Grimm, stated that what we want is safe and decent housing for our firefighters. She asked that the Council spend no more money on the Fire Department and City Hall until the new members are sworn in and can have their say.
Judy Hathaway Francis, Chota Road, thanked the Council for the work they have done in the last two years. Ms. Francis stated that in her opinion the two new Councilmembers should have a chance to take part in the decisions on Items 16 and 19.
Billie Beckman, East Avocado Crest Road, commented that the Council should listen to the people. The two new members of the Council stated that they wanted the Fire Station at the present site and did not want to address a new City Hall at this time. She stated that those who would vote for this large expenditure anywhere besides the present site are lacking in integrity.
Stephen Blagden, Citron Road, stated that he speaks for both Items 16 and 19. He encouraged the Council to move forward and he stated that the selection of the Hacienda/West site was the least expensive, least disruptive, supports staggered construction and allows senior housing at the edge of the city. Mr. Blagden stated that the Improvement AssociationÕs survey was faulty as there were no numbers. The residents need to consider the cost to stay at the current site and having senior housing in the center of the city.
Oscar de la O, commented that the fire service should be equal for all of the residents. He asked that the Mutual Aid document be presented to the people in writing. He stated that the two new Councilmembers should have a chance to join in the decisions for our city.
City Manager Bates stated that we do have a Mutual Aid agreement in place The Chief is working on an Automatic Aid agreement so the closest area would be the one who got the initial call then the one actually responsible would be second in.
Mayor Millsap stated that our service is not lacking and it is actually better now since we have implemented the Paramedic service, but there are questions and misunderstanding on the situation.
Fire Chief Nielsen stated that he would be glad to provide Mr. de la O with a copy of the Mutual Aid agreement, although he cannot provide a copy of the Automatic Aid agreement as it is still in progress. As soon as it is available there is also a second part of the agreement, which is a Memorandum of Understanding.
George Edwardz, stated that they just want adequate protection. Mr. Edwardz spoke about confidential e-mails being released and the ISO ratings. He stated that in his opinion the Automatic Aid agreement was not worth much.
Chief Nielsen stated that the ISO rating and Automatic and Mutual Aid agreements should have nothing to do with where the Fire Station is built.
Councilmember Klein explained that the e-mail in question was public domain and not confidential.
Roy Francis stated that a 10-minute response time was not adequate. We do need better response time.
Norm Zezula, stated that the Council has not convinced the community of the correctness of their decisions. Wait to let the new Council take part in making these decisions.
Councilmember Carroll moved to continue item 16 until after the reorganization.
There was no second to the motion.
Mayor Pro Tem Bergman asked Mr. Bates how they would build a Fire Department on the current site.
City Manager Bates explained that first they would have to move City Hall and then figure how to keep the Fire Department working from the site while a new one is built. That would be very difficult.
Mayor Pro Tem Bergman stated that the Community needs to know how difficult building here would be and how much more it would really cost. They need to know all of the real problems involved. He stated that the Community can have anything they want, but they have to pay for it.
City Attorney Levin stated that you couldnÕt really decide which site is better until you have done the CEQA analysis. You have to figure the short-term and long-term impacts. Both the current site and the Hacienda/West site have to be studied for the CEQA analysis. Because this is a Public project you have to use the CEQA analysis in your decision for the site and design. Ms. Levin noted that the CEQA analysis will also look at the Park site.
Mayor Pro Tem Bergman stated that we also donÕt know what RHNA will require of us.
Howard Vipperman asked if we did a remodel of the Fire Station on the current site, would we need a CEQA analysis?
Community Development Director Powers explained that any renovation over 10,000 square feet needs a CEQA analysis.
City Attorney Levin stated that regardless of which site you identified as your preferred site you would have to do a CEQA analysis on all of the options.
Councilmember Klein stated that he felt the Fire Station was being used as a political pawn and it shouldnÕt be.
Councilmember Klein moved to authorize the City Manager to sign an agreement with BonTerra in an amount not to exceed $40,000 as recommended. The motion was seconded by Mayor Millsap.
Mayor Pro Tem Bergman stated that he thought there was no reason to delay this as we are going to do a CEQA analysis on all three options.
Councilmember Douglas stated that they have studied the situation for several years and he saw no reason to reverse his decision now. We should move ahead.
Mayor Millsap stated that she didnÕt want to endanger the Fire Department any longer by not moving forward.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
4:21:20
17. APPROVE RESOLUTION TO INITIATE PROCEEDINGS FOR THE FORMATION OF ASSESSMENT DISTRICT NO. 4
RECOMMENDATION: That Council approve Resolution 2007-04 initiating proceedings for the formation of District No. 4.
City Manager Bates stated the Resolution starts the process of the formation of District No. 4 for maintenance of the roads.
Councilmember Carroll moved to approve Resolution 2007-04. The motion was seconded by Councilmember Douglas.
Councilmember Douglas stated that if we want to live in this city we have to pay for road maintenance.
Councilmember Klein presented a history of how the Roads Districts started.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARING
18. ANNUAL WEED ABATEMENT PROGRAM
RECOMMENDATION: That Council adopt Resolution 2007-03 declaring weeds on improved and unimproved parcels as a nuisance and declaring an intention to abate them; and City Council hear objections from property owners on the proposed removal of weeds.
City Manager Bates reported that this is a continuation of last monthÕs item under Annual Weed Abatement Program.
Mayor Millsap stated that this is a Public Hearing and all of the notices have been posted and we have done the mailings.
City Attorney Levin noted that there is one minor clarification in Resolution 2007-03. She stated that in the last ÒWHEREASÓ, where it refers to ÒAppendix ÒAÓ and ÒBÓ, will be changed to read ÒAttachments 3 and 4Ó.
Mayor Millsap asked if there were any members of the audience that wished to speak on this item.
There were no comments from the Public.
Councilmember Klein moved to adopt Resolution 2007-03 for Weed Abatement as recommended. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
4:28:15
19. ORDINANCE CREATING THE CIVIC CENTER UNDERGROUND UTILITY DISTRICT
City Attorney Levin stated that there was one change in the Ordinance in 4.17.30, a. b. and c. wherever it speaks of Òtwenty-five feetÓ it should be Òforty-five feetÓ.
George Edwardz, asked where the District is that is being created.
Mayor Millsap read the description, noting that it was approximately at Hacienda and West.
Mr. Edwardz stated that even though we were told that all three options have to be considered, the Ordinance you are voting on is called the Civic Center Underground Utility District.
City Manager Bates explained that no matter what we build or where, the most critical on the timeline is working with Edison to get utilities underground. It will probably take from one to two years.
Councilmember Klein noted that there will be a second reading and the new Council will be able to vote on it.
Councilmember Klein moved to approve Ordinance 296 ÒCreating the Civic Center Area Underground Utility DistrictÓ. The motion was seconded by Councilmember Douglas.
Sylvia Southerland explained that unless there is an Ordinance signed by the Mayor, we cannot start the planning process. The planning process will be on the Hacienda/West site. She stated that if the site is changed, they will have to start over and it will require another Ordinance. The cost then will depend on how much work they have done on the planning. Once you have the second reading and the Mayor has signed the Ordinance we will start on the Design process.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
CITY COUNCIL COMMENTS
There were no City Council comments.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Norm Zezula stated that he never suggested delaying tactics. He only states what he really believes.
Mayor Millsap stated that she was not directing a comment at him even though she does believe that some were using statements as delaying tactics.
George Edwardz stated that it is clear that nobody in this Community is against a new Fire Station, they donÕt want a City Hall attached to it as part of the project. This Ordinance is called a ÒCivic CenterÓ. We need more equal fire coverage in the Heights.
Mayor Pro Tem Bergman reminded everyone that no decision has been made about a new City Hall. We do have options as far as the site for a City Hall goes.
Councilmember Carroll stated his appreciation for Councilmembers Douglas and Klein.
City Manager Bates expressed his appreciation also.
Mayor Millsap adjourned the meeting at 12:21 a.m. to the Reorganization Meeting on March 22, 2007.
ATTEST:
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RONALD BATES, CITY CLERK