CITY OF LA HABRA HEIGHTS

 

LA HABRA HEIGHTS CITY COUNCIL

 

REGULAR MEETING MINUTES

 

JUNE 14, 2007

 

 

CLOSED SESSION

 

THREAT TO PUBLIC SERVICES OR FACILITIES

G.C. 54957

 

Consultation with: Los Angeles County Sheriffs Department

 

Captain Michael Smith and Lieutenant Mark Weldon

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Brian Bergman called the June 14, 2007 Regular City Council Meeting to order at 7:42 p.m. at the La Habra Heights Community Center, 1245 Hacienda Road, La Habra Heights, California. He stated that they have returned from Closed Session and asked City Attorney Levin to report.

 

City Attorney Levin stated that no reportable action was taken.

 

2.              ROLL CALL

 

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

 

Also present: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, Fire Chief John Nielsen, Sheriff Lieutenant Mark Weldon and Finance Director Freddie Vernon Vega.

 

3.         FLAG SALUTE

 

            Councilmember Layne Baroldi led the flag salute.

 

4.              PRESENTATIONS

 

á       Public Works Committee, Chairperson Jerry Shipman

 

Mr. Shipman explained that we will finish up Zone 5 Maintenance, which will be the last of Assessment District 3, on schedule. We should finish by the end of August. Mr. Shipman clarified that the new District 4 Assessment will be $173.00 per year. Some people have the opinion that it is much more. We have had a similar Assessment for the last 5 years. He stated that if we donÕt pass this Assessment, our streets will only be good for 7 to 10 years and then they will need a major overhaul. We have to maintain our roads. It will cost much more to fix if we do not. We have had Las Palomas tested and it is now being evaluated as to how to repair it. This will be beyond regular maintenance. Mr. Shipman stated that they still need a volunteer member.

 

Councilmember Vipperman asked if we have an estimated time of completion on the Hacienda Road repair.

 

Community Development Director, CDD, Justin Powers answered that it is a multi-year project and the Feds have allocated funds for preliminary engineering and the City Engineer is working on that. It is a three-phase project, preliminary engineering, construction drawings and then the project. We are hoping that it will be done in the next fiscal year.

 

Councilmember Vipperman asked what is being done about a sidewalk at The Park that someone tripped on.

 

CDD Powers stated that he heard a wheelchair was involved and he noted that the cement is higher than the ground and it may not be ADA compliant, so we are looking into that and what it would take to correct it.

 

Jerry Shipman explained that the Hacienda Road improvement is federally funded and will be a lengthy project.

 

á       Emergency Preparedness Committee, Chairperson Kathy Sauble

 

Ms. Sauble stated that the theme for the month is ÒHazardous MaterialsÓ. She stated that a very important thing is to store liquid cleaning items in their original containers so they cannot be mistaken for a drink. Do not store incompatible liquids side by side in glass containers. If they break they could cause deadly fumes. She stated that she changed the theme to ÒWild Land FiresÓ because we are at risk for them. Continue weed abatement and watch for suspicious activity and report it. The Emergency Preparedness Committee, EPC, has recommended that money be added for rehab supplies for the Fire Department to be purchased and replenished in addition to whatever is in their budget now. We would like to see this kept at the Fire Department so they can get to it when it is needed. We would also like to add some money for City Staff for food, water and first aid. They are required to be here after a disaster to keep the City running and be a resource for information. Keeping the City running is for the benefit of the residents. We are requesting $2,000 for the year for the Fire Department and $3,000 for the year for Staff. Ms. Sauble noted that there will be CERT training on August 11th, 18th, and 25th at the La Mirada Resource Center, at 13710 La Mirada Blvd., 943-7277.

 

á       Acknowledgement of new resident EPC Members: Mario Gutierrez, Fernando La Fuente and Yvonne Strain

 

Kathy Sauble introduced the three new members of the EPC. She stated that Mario is strong in communication and a ham operator, Fernando is an electrician, and Yvonne has interest in the medical field and volunteering. She asked all other members of the EPC to stand and mentioned their new liaison between the Fire Department and the EPC.

 

á       Avocado Festival Recap, Committee Member Carol Engelhardt

            Carol Engelhardt commented that she hoped everyone had a nice time at the Avocado Festival. She stated that it was the result of help from volunteers and donations and we wish to thank everyone who participated and supported. She acknowledged members of Staff that helped behind the scenes to make the Avocado Festival a success and mentioned Mayor Bergman, Councilmembers Baroldi, Millsap, Majdi Ataya, Sandra Levin, Deputy Bickel, the VOPÕs, the Sheriffs, and Chief John Nielsen.

 

PUBLIC COMMENTS ON THE AGENDA AND NOT ON THE AGENDA

 

            Mayor Bergman asked that everyone try to hold to 3 minutes.

 

            Dr. Silvia Lauder, Citrus Street, stated that she was thankful to the La Habra Heights Fire Department for all they had done for her husband who died last year. She stated that they were always prompt, extremely efficient, compassionate and caring. After he passed away they brought a sympathy note and potted flowers. She stated that she does not want the County to take over the Fire Department. She does want those not close to the Fire Department to have a faster response but wants our City to retain the volunteer system. One time LA County fire took over 20 minutes to find her house, even though she kept asking for the City of La Habra Heights Fire Department.

 

            Sandy Dykier asked what power the City Council has over people to be hired by the City. Who has the power to terminate any member of Staff? Do all applicants get their application papers read? She stated that someone that lives in the City should have first preference for a job opening, if well trained, and knows how to run a volunteer committee, and get things organized in case we do have an emergency. She stated that we need to use our volunteers more and should be used as help in any City project including the Fire Department. Ms. Dykier stated that the Fire Department came to the school where she works today and the children Òjust loved itÓ.

 

            Paul Spothelfer, president of the Improvement Association, stated that it is now time to send in the annual dues. He listed some of the things they do for the community.

 

            Claire Spothelfer noted that the Music in the Park program starts June 20th and goes through August 22nd. She commented that they will have printed programs for Music in the Park at City Hall. Ms. Spothelfer stated that it will be every Wednesday through the summer from 6:30-8:30 p.m. We will alternate Mexican and Italian food every other week. She thanked the Fire Department for their great service when she needed them recently.

 

 

 

            Scott Jones noted a survey he was part of about equal service to the entire City by the Fire Department. Of 70 responders, 67 felt they should know all of the information before any decision was made about the Fire Station. The survey has nothing to do with Chief NielsenÕs performance or his people.

 

            Jessica Winship thanked the Council for their dedication and commitment to our Community. She spoke about the Dog Show at The Park on August 11th and thanked the Council for their participation in the ÒLost Animal NetworkÓ.

 

            Stephen Blagden stated that we need a Town Hall meeting on the Regional Housing Needs Assessment, RHNA, where information and options are put forth for discussion by the Community. This issue will not go away. Mr. Blagden stated that in his opinion this site is too small and a Fire Station here would be obsolete immediately. He spoke against hiring LA County Fire Department and asked that they might consider a second place for another unit of paramedics rather than a second Fire Station.

 

            George Edwardz, stated that he was against any tax money being diverted to Staff salaries, or redirection of some of the Fire DepartmentÕs funds to the building fund, which includes a City Hall. He spoke for new engines rather than rebuilding one. The money that was to include a new City Hall should be placed back in the apparatus fund. Mayor Bergman has asked for 30 volunteers (reduced to 20) willing to go through a volunteer program. Two more stations would require 24 resident volunteers. This would give maximum credit for Engine Companies with ISO. We would like to use an LA County program as a model for the program in La Habra Heights. If this program is good for LA County it should be good for La Habra Heights. The program would require 60 hours and an additional 40 hours per year for additional training. He asked for the support of the Council to bring it to them in July.

 

            Norm Zezula, stated that no public official should be above criticism from the public, but we must remember that Chief Nielsen does not make policy, the Council and City Manager does. He has to answer to those who make the policies. Mr. Zezula stated that he agrees that we should have a Town Hall meeting about RHNA requirements before a final vote is made on where to build the Fire Department. Mr. Zezula stated that he would like to have a direct vote from the people.

 

Janice Slattery, mentioned the Garden Harvest that starts on June 20, at 5:30 p.m. She asked for anyone with extra produce to bring it to sell. She noted that the fine artisans and artists group is growing. Ideas are welcome. Leave a message and contact information at City Hall.

 

            Will Slattery clarified that the South Park structure design is not underground. There is no dirt on top of the structure. It is below existing grade, not under the grade. The finished proposal is to blend into the hillside similar to the grade that now exists. Mr. Slattery asked what the status is of obtaining sheep or goats for fuel reduction.

 

            Mayor Bergman stated that he has no information tonight but it is being investigated.

 

            Mr. Slattery asked what progress has been made for reducing the number of trash trucks here.

 

            City Manager Bates stated that on the July agenda we will bring to Council a recommendation to continue the Franchise for one year plus a study of the impact of trash trucks on our road system to determine whether or not there will be a fee charged and see if there are ways to consolidate routes, or use smaller trucks to try to reduce the impact.

 

            Mr. Slattery stated that for several months hazards have been documented at The Park and Park buildings. It doesnÕt seem that they are being taken care of. At the last meeting he had provided a proposal of a Hacienda/West equestrian center, which would go with the South Park Fire Department design. Has this been looked into further to determine the actual cost? He stated that he would actually prefer to see this at the Las Palomas site.

            0:54:10

 

ADMINISTRATIVE REPORTS

 

5.         CITY MANAGERÕS REPORT

 

            City Manager Bates stated that the Advanced Surveillance and Protection system, (ASAP) was initiated with a ribbon cutting ceremony on Monday, June 11, 2007. Three different TV stations were there. We had a very nice write-up in the Whittier Daily News. We wanted the people in the cities around La Habra Heights to know that if they bring a stolen vehicle here, are involved in illegal dumping, burglary and Amber Alerts; we will see their license plate if they come here. Mr. Bates ran video of the Channel 9 newscast about us. Mr. Bates noted that the two people that were apprehended during the test phase, lived in the Heights and were parolees. In the stolen truck was a stolen shotgun, ammunition, burglary tools, and stolen mail from Anaheim. The second item is that our zip code is the same as La Habra in Orange County. This has been a problem getting us off of the Orange County Jury system list. We think we have finally got this to a point where we will no longer get summoned for Jury Duty in Orange County.

            Community Development Director Powers stated that twice a year they update their data base and we have given them a list of our residents to integrate with their list to exclude all of our addresses from their data base.

 

6.         CITY ATTORNEYÕS REPORT

 

            The City Attorney had no report.

 

7.         COMMUNITY DEVELOPMENT DIRECTORÕS REPORT

 

            CDD Powers stated that he has nothing to add to his written report.

 

            Councilmember Baroldi asked how many new homes or major remodels have been permitted through Planning under the new Municipal Code.

 

            CDD Powers stated that there have been none so far. He explained that you will be able to tell those that are under the new code on his Planning Report. He explained how the pre-file system works and explained that it typically takes six months up to a year to get everything together. We call them and ask where they are in the process.

 

8.              FIRE CHIEFÕS REPORT

 

           Fire Chief Nielsen thanked the people who came to him to ask questions and the kind words said tonight about the firefighters. Fire Chief Nielsen spoke about the recent fire on Fullerton Road. He stated that it was a good example of Mutual Aid and that the incident was covered first by La Habra Heights and later by LA County. The Mayor joined us at the fire. I was the incident commander and supported by two Battalion Chiefs from LA County Fire. La Habra Heights had three engines, a squad and me as Incident Commander. LA County Fire Department had five engines, two Battalion Chiefs, three hand crews and a helicopter. They did three water drops for us. He stated that at the end of our fire, a fire broke out in Schabarum Park and LA County Fire was pulled over there and we responded by sending one engine and their portable water tank they use to fill helicopters with. Fire Chief Nielsen read an e-mail from the Fire Chief of the City of Avalon stating that regarding the Catalina Fire, it was clarified that the fire broke out in LA County Fire Department territory. Avalon Fire Department is part of a Master Mutual Aid Agreement and the state obtained full control of the incident. The City of Avalon does not owe money to any entities. In fact, the City of Avalon got paid by the State for their involvement. We also have a Master Mutual Aid Agreement.

 

            Mayor Bergman asked for an update on the Automatic Aid Agreement.

 

            Fire Chief Nielsen stated that LA County Fire Chief Montoya and he have come to a very good agreement and are waiting for approval from Chief Freeman. We ended up with getting more than I expected, by giving less so we are not stretching our services. He hopes to be able to give a presentation on who goes where at the July Meeting.

 

9.              SHERIFFÕS DEPARTMENT REPORT

 

Lieutenant Mark Weldon explained that his report notes three Grand Theft crimes and that these are all involving unattended items that are crimes of opportunity. Take away that opportunity. Lieutenant Weldon talked about the ASAP arrest. It would be good to have a credit check run on renters. Our Department has a Bureau referred to as a Community Law Enforcement Partnership. I will invite a member to one of your meetings to give a presentation who can advise you what is available.

 

CONSENT CALENDAR

 

            It is recommended that Items 10 through 14 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 MAY 2007

 

RECOMMENDATION:                       Approve

 

11.           MONTHLY TREASURERÕS REPORT FOR APRIL 2007

 

RECOMMENDATION:                       Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

RECOMMENDATION:                       Receive and File

 

13.       CITY COUNCIL MINUTES               Study Session: New Fire Station/City Hall of May 1, 2007

                                                                        Regular Meeting of May 10, 2007

 

RECOMMENDATION:                       Approve

 

14.           CONGESTION MANAGEMENT PROGRAM (CMP) SELF-CERTIFICATION

 

RECOMMENDATION:                       Approve the attached Resolution 2007-12 finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the Local Development Report (LDR).

 

Mayor Pro Tem Carroll moved to approve items 10 through 14. The motion was seconded by Mayor Bergman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

1:15:34

 

OLD BUSINESS

 

15.           FIRE/PARAMEDIC SURVEY FROM LA COUNTY          

 

RECOMMENDATION: Two Council Members have requested that the City consider submitting a request to LA County Fire
Department to provide a Fire/Paramedic survey for the City.

 

            City Manager Bates stated that LA County Fire Chief Freeman sent a letter to us stating that he has considered both a proposal and a survey and the $4.1 million preliminary estimate has already been provided. He indicated that the possibility of a full fire study was also thoroughly evaluated by us, in case this was the intended action voted on by the Council. Our conclusion is that a full study should not be undertaken by us.

 

            Richard Hyslop stated he is a resident and fireman here. He spoke of the recent attacks and unfounded rumors and the lack of appreciation for what the Fire Department does. It is the CouncilÕs responsibility to set an appropriate, professional, honest, ethical tone for the issues of this City. Mr. Hyslop stated that the recommendation for the decision on the Fire Station occurred two City Managers ago and the firemen are still in their deplorable quarters.

 

 

 

            George Edwardz, stated that the Fire Department should get what they need. We shouldnÕt play with the fire safety of the City. Now that the County situation has been somewhat settled, maybe we can work together to expand the Volunteer Fire Department and quit thinking about going to a pay department.

 

            Stephen Blagden stated that it is time to stop the delay and move forward.

 

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

 

            Mayor Pro Tem Carroll asked that City Manager Bates read the paragraphs in the letter from Chief Freeman that pertains to this subject.

 

            City Manager Bates read the four paragraph letter.

 

            Mayor Pro Tem Carroll stated that at the end of the letter Chief Freeman seems to leave it open by saying ÒIf there should be any questions or desire on your part to discuss our conclusion, please contact meÓ. Mayor Pro Tem Carroll stated that he sees the following options: we can redirect the letter, asking for a survey from LA County Fire and send a copy or a separate letter to Don Knabe asking the same thing. IÕll leave it open to the Council to choose.

 

            Mayor Pro Tem Carroll moved to send a similar letter to Don Knabe asking for a survey of services. The motion was seconded by Councilmember Vipperman.

 

            Councilmember Vipperman discussed that the survey was a way to get more information from the County. He stated that at this point he felt the waters have been muddied and there is no will to go through with this.

            Councilmember Baroldi stated that he too had wanted a survey for the information that could be an asset for us. I think it might be heavy handed to go to Don Knabe to get him to have Chief Freeman to do what he seems to strongly be against.

 

            Mayor Bergman stated that he is behind our volunteer force 100% and does not think the County can compete. It would not be good to go over Chief FreemanÕs head.

 

            Mayor Pro Tem Carroll stated that there are many people that are not satisfied with the amount of information we have received.

 

            The Council continued their discussion.

 

            The motion was defeated as follows:

 

            AYES: Carroll and Vipperman

            NOES: Baroldi, Bergman and Millsap

            ABSENT: None

 

 

 

 

NEW BUSINESS

 

16.           SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON OF THE PLANNING COMMISSION

APPOINTMENT OF NEW PLANNING COMMISSIONER BY COUNCIL MEMBER HOWARD VIPPERMAN

 

City Manager Bates reported that under the new Municipal Code the City Council selects both the Chairperson and Vice Chairperson of the Planning Commission. The second item is the appointment of a new Planning Commissioner by Councilmember Vipperman.

 

City Attorney Levin suggested that Councilmember Vipperman appoint his Planning Commissioner first so there is a full compliment of Commissioners to choose the Chairperson and Vice Chairperson from.

 

Councilmember Vipperman stated that he had withdrawn his nominee so he has nobody to nominate at this time.

 

Mayor Bergman nominated Larry Black as Chairperson. The motion was seconded by Councilmember Baroldi and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

Mayor Pro Tem Carroll nominated Brent Grebbien as Vice Chairperson. Councilmember Baroldi seconded the nomination and the nomination died as follows:

 

AYES: Baroldi and Carroll

NOES: Bergman and Millsap

ABSTAIN: Vipperman

ABSENT: None

 

Mayor Bergman nominated Margarita McCoy as Vice Chairperson. The motion was seconded by Tela Millsap and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

17.           COMMITTEE TO DEVELOP CITIZEN ADVISORY BALLOT ON THE FIRE STATION

 

City Manager Bates stated that this item was requested by two members of the City Council. We estimated that it would cost slightly under $10,000 to go through this process with some kind of legal consultant.

 

Mayor Bergman stated that he has two cards for item 17.

 

Norm Zezula, spoke in favor of a Citizen Advisory group and stated his opinion that there would have been less division and bitterness if this had happened and the matter been put to a vote of the people. He talked about response time depending on where the Station is located and noted that placing the Station at the Hacienda/West site would increase response time to those who already had the longest response time. We should stick to our own Fire Department. The people on the East Side pay the same Fire Fee as everyone else but do not get the same quality of service. Many people have become distrustful of the City Staff and even the Fire Department. The only way to regain their trust is to show that you trust their judgment.

 

George Edwardz, stated that the Citizens Advisory Group is a good idea, but he doesnÕt agree with a lawyer being involved. Mr. Edwardz stated that even though the County Fire Stations are too far away from us, we are still going to count on them for Mutual and Automatic Aid. That still leaves the East Side under cared for.

 

Stephen Blagden stated that we also need the discussion on RHNA because that is part of the decision. That will need to go to a vote. He stated that a County Planning Map for La Habra Heights shows a Fire Station at The Park.

 

City Manager Bates explained that both the Mayor and Councilmember Vipperman tried very hard, at the meeting with Chief Freeman, to get him to commit to a location for our Station. Chief Freeman was very careful in not citing a particular place.

 

Mayor Bergman explained that Chief Freeman stated that we needed a station up here and possibly an East Side station. He brought the meeting back to the Council.

 

Fire Chief Nielsen stated that it had taken him five years to get where we are today. How can I get two or three Fire Stations when I canÕt even get one decent facility? If we want equal response time we need to consider some areas on the West Side that are as far away as some of the East Side.

 

Councilmember Millsap prepared a possible draft structure for consideration by a Committee to develop a Citizen Advisory Ballot.

 

The Council discussed the subject, which some thought was very complicated and would also take a lot of time.

 

Mayor Bergman opened the meeting for Public Comment.

 

Kathy Sauble, spoke as the Chairperson of the EPC and noted that her main concern is the safety of the residents. The residents have let us know what they would like, but she would like to look to the professionals for their advice. We should move forward.

 

Venetta Ramm noted that she felt that there had been a rush to make a decision and that the thinking of the CouncilÕs decision was not substantial. She suggested a vote of the people and they deserve to know the pros and cons of each site. She stated that she was not sure the Council has listened to the professionals.

 

Mayor Bergman moved to develop a Citizens Advisory Committee to structure a ballot for the Fire Station along the lines that Councilmember Millsap outlined. The motion was seconded by Councilmember Millsap.

 

Councilmember Millsap noted that her outline was just a draft and she thought there would be suggestions for some changes. She stated that one other option is to do nothing.

 

The motion was defeated as follows:

 

AYES: Bergman and Millsap

NOES: Baroldi, Carroll and Vipperman

ABSENT: None

 

Mayor Pro Tem Carroll moved to have a simple survey addressed to the property owners, giving them three or four choices, only saying essentially, ÒShould a new Fire Station be built at; The Park, Hacienda/West or Current Site.Ó Possibly a fourth option that says Òor should money be spent immediately just to refurbish the living quarters.Ó One choice only allowed. He recommended this be handled by a sub-committee of Councilmembers, Baroldi and Vipperman. This would cost approximately $6,000 to $7,000 for someone to handle the whole survey. The motion was seconded by Councilmember Vipperman.

 

Councilmember Millsap commented that this is too simple and doesnÕt take into consideration the other details that go into making a decision. The way rumors spread, we donÕt know what information residents will be getting. Ms. Millsap stated that she preferred something structured on the order of her draft so you know the residents are getting correct information.

 

 

Councilmember Baroldi made a friendly amendment that the fourth option should have a small East Side Substation added to it.

 

            Mayor Pro Tem Carroll and Councilmember Vipperman accepted the amendment to the fourth option.

 

Councilmember Vipperman stated that he would be very happy with that if the survey is kept very simple and was administered by someone other than Staff.

 

Mayor Bergman stated that if you are going to put something out, there should be information to go with it. Every site has pros and cons. He felt that to not provide the pros and cons to the residents was a disservice to them.

 

Mr. Hyslop asked for a Òpoint of orderÓ.

 

City Attorney Levin explained that the Agenda Item description is broad enough to cover all of what is being discussed.

 

Councilmember Vipperman stated that at the May 31st meeting he was presented a paper that had the cost of obtaining land from the school for the present site. Mr. Vipperman stated that as far as he knew, the school did not want to sell, so in order to get that they would have to ÒEminent DomainÓ the land. City Council should be consulted on these items before they appear on official documents. He stated that he was against Eminent Domain of property. He stated that this type of thing is what concerns him if we turn something like the survey over to the City Manager. Mr. Vipperman stated that he has had experience in building and is assured that it can be built at this site.

 

City Manager Bates asked for clarification on what is meant by Òrehab-dormitoryÓ and only building an East Side Fire Station.

 

Councilmember Baroldi stated that ÒrehabÓ is not the correct word, there would have to be a new dormitory built and an East Side station.

 

Mayor Bergman stated that he heard over and over that the residents want to vote. I think they need the information.

 

Mayor Pro Tem Carroll stated that you just cannot get all of this information into a pamphlet.

 

City Attorney Levin stated that she was not clear on the 4th option. Staff would need a better understanding of the 4th option. We donÕt know enough about the East Side station to figure a cost on it, so we donÕt know if you can even accomplish the 4th option.

 

Councilmember Vipperman suggested that they change option four to simply read ÒNone of the aboveÓ. This would indicate they do not want a Fire Station.

 

Councilmember Baroldi stated that he thought the 4th option including something on the East Side was important.

 

Mayor Pro Tem Carroll withdrew his motion and requested that next month it be put on the Agenda for discussion of a survey to be crafted by the Council or a sub-committee of the Council.

 

Councilmember Vipperman was the second Councilmember asking for this.

 

2:39:07

 

18.       AUTHORIZATION TO RETAIN ARCHITECT AND CONSULTANTS TO DEVELOP CONCEPTUAL PLANS FOR THE FIRE STATION

 

RECOMMENDATION:                       Authorize the City Manager to retain WLC and such other consultants as may be necessary to support WLCÕs work at a cost not to exceed $20,000. Provide an engineering site survey for the existing City Hall site and other information as may be required to enable WLC to prepare conceptual plans. Also, Provide 2 (two) conceptual site plans for the Headquarters Fire Station on the existing City Hall site (one with a pull through driveway and one with a Òback-inÓ driveway for vehicle access).

            City Manager Bates stated that this Item is brought back at Council direction. This is for the current site so we can have properly placed facilities after a detailed engineering survey and possibly some Geotechnical work.

 

            Mayor Bergman opened the meeting for public comment on this item.

 

            Paul Carey stated that in his opinion, we should get a different company that is more suited to our needs and put the money for Item 18 into making a new start. He suggested they should consider a split level building. The station doors could be faced either north and/or south with pull through access that would allow the station to be placed closer to Hacienda. Mr. Carey stated that we havenÕt scratched the surface with ideas for this station. He suggested a Committee to visit stations in Southern California for ideas.

 

            Stephen Blagden stated that the split level idea was interesting. He stated that any new facility would have to be built according to the latest codes and requirements. That will mean SUSMP and possibly a retention basin, losing more parking. He stated that this will not work. We are wasting money. He asked that we deny Item 18.

 

George Edwardz stated that we should not make a station that the engines have to back into. Mr. Edwardz stated that the East Side shed is already there. All we have to do is put a doublewide in and we are done.

 

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

 

Councilmember Millsap stated that we donÕt actually own that building by the Christian Church. It belongs to the church and we had an arrangement with them. She asked for clarification whether we can modify that building.

 

City Manager Bates stated that there have been no discussions with the Christian Church on that side of Harbor.

 

George Edwardz stated that we paid for the building and Pastor Sherman has offered us the ability to add a doublewide next to it.

 

Mayor Pro Tem Carroll moved to approve authorization to retain architect and consultants to develop conceptual plans for the Fire Station. The motion was seconded by Councilmember Vipperman.

 

Councilmember Millsap stated that this might be too soon and money spent unnecessarily as we are bringing back the Survey next month.

 

Councilmember Baroldi stated that he could approve this with the stipulation that the architect not start work until authorized by Council.

 

City Manager Bates noted that if this item is approved he would move forward as stated in the item.

 

Councilmember Baroldi offered a friendly amendment to not start until authorized by the Council.

 

Mayor Pro Tem Carroll refused the friendly amendment.

 

Councilmember Baroldi withdrew his amendment.

 

Mayor Bergman stated that this is preliminary construction work and if we decide not to build here it is money wasted.

 

City Manager Bates confirmed that we have this information on the Hacienda/West site.

 

The motion to follow the recommendation of the Staff Report was approved as follows:

 

AYES: Baroldi, Carroll, and Vipperman

NOES: Bergman and Millsap

ABSENT: None

 

Mayor Bergman called for an intermission at 10:37 p.m. and reconvened at 10:55 p.m.

 

19.           APPRAISAL FOR FIRE PROPERTY

 

RECOMMENDATION: Two members of Council have requested that this be placed on the agenda. Should Council decide to proceed with this matter, authorize the City Manager, after receiving proposals, to contract with an appraiser in the amount not to exceed $7,500.

 

-------- City Manager Bates stated that both he and the CDD checked on some estimates for an appraisal. There is a complexity as to what is the highest and best use to this particular appraisal which caused us to pick this figure. This would be for the current site, and we do not yet have a formal appraisal for the Hacienda and West site. That site has been looked at internally as a residential site. He stated that they could have it appraised at 30 units per acre, but the number could be more or less. The RHNA numbers for low, very low and moderate income, are about a total of 50 units per acre.

 

-------- Mayor Bergman opened the item for public comment.

 

-------- George Edwardz stated that he thought they should go ahead on this item. He asked why we donÕt annex some of the AERA property and use that for the RHNA numbers.

 

-------- Stephen Blagden, asked why annex some of the AERA property when we are against them building there. He stated that if we are going to sell the current site soon the appraisal is a good idea. The informal estimates are good enough for making management decision or where to put the City Hall.

 

-------- Norm Zezula, stated that he thought there had been an appraisal of some sort made about three years ago and he could look it up if they would like him to.

 

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

 

-------- Councilmember Vipperman moved to authorize the City Manager to have the current site and the Hacienda/West site appraised for the best and highest value with the condition that if this site is appraised for high density here we have it appraised for the same at the Hacienda/West site. The motion was seconded by Councilmember Carroll

 

-------- Councilmembers Millsap, Baroldi and Mayor Bergman were not in favor of Councilmember VippermanÕs motion.

 

-------- Councilmember Vipperman stated that if cost is a driving consideration, we need this. It is not professional without a real appraisal. He stated that a Realtor has nothing for comparison in La Habra Heights.

 

-------- Mayor Pro Tem Carroll suggested they put this off for a month and see if they can find some idea of what the Actual cost of an Appraisal would be.

 

-------- Councilmember Vipperman stated he would like Staff to research the Appraisal cost.

 

-------- Councilmember Vipperman moved to continue the item to the next Council Meeting. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

-------- AYES: Baroldi, Carroll and Vipperman

-------- NOES: Bergman and Millsap

-------- ABSENT: None

 

-------- 3:35:07

 

20.           FY 2007/08 – ANNUAL BUDGET ADOPTION

 

RECOMMENDATION:                       That Council approve the attached resolutions, read by title only, and waive further reading; implementing the FY 2007/08 Budget: FY 2007/08 Budget Resolution 2007/10 and FY 2007/08 Gann Limit Resolution 2007-11.

 

City Manager Bates stated that he and Staff, along with Mayor Pro Tem Carroll and Councilmember Millsap have reviewed the budget and are submitting a balanced budget. He explained that the major source of revenue is the property tax, which funds most of the General Fund operation. Our biggest asset is the roads. The Road Tax goes solely for maintaining the roads. The second most valuable asset the City has is the Fire Department. Mr. Bates continued that the City is saving each year between $2 and $3 million by being able to deliver Fire Service with volunteers, semi-volunteers and four paid employees, and we have been taking all we can save and placing it into a fund to build a Fire Station. That has been saved out of the General Fund which comes primarily from Property Tax. He also explained that the City only gets about 10% of the actual Property Tax and has spent and saved wisely.

 

 

 

 

Finance Director Freddie Vernon Vega presented the 2007/08 Budget Highlights:

General Fund – Revenues

He stated that they expect $2,884,000 in revenues. This is a decrease of 2% after the 2006/07 one-time revenues are deducted. We expect to have a $234,000 surplus in the General Fund. Property Taxes should increase by 5%. We expect Building activity to decrease about 24%.

 

General Fund - Expenditures

 

-------- He stated that we expect General Fund expenditures to be $2,650,000 which is a 1% increase. We expect an increased cost in Planning of $19,000 which is up 5% due to the Housing Element and Sewer System Plan, a decrease in Attorney fees of $35,000 due to completion of the Municipal Code, General Services expense is expected to increase by $55,000 or 18%. The Building budget is projected to be $104,000 a decrease of 32%. Law enforcement is expected to increase by 4% or $27,000.

 

-------- General Fund – Balance/Reserves

-------- We expect the Balance/Reserves at the end of FY2007/08 to be $902,000. That is about 34% of expenditures.

 

-------- Fire Fund (Includes Paramedics) – Revenues

-------- We expect Revenues to be $1,159,000. We have not proposed an increase in Fire Tax.

 

-------- Fire Fund (Includes Paramedics) – Expenditures/Transfers

-------- Total $2,367,431, a 23% increase. $100,000 to rebuild one Fire Engine and $16,000 to upgrade the 911 System. A $33,000 increase in strike team expenses, which will be offset by related increased revenues.

 

-------- Fire Fund Balances/Reserves

-------- Fund Balance or Reserves would be $591,000. Reserves would be 48% of Annual Expenditures.

 

-------- Capital Project Fund – Roads

 

-------- We expect to spend $392,000 to close out District #3 in FY 2007-08. If voters approve District #4, the City will receive $343,000 to continue the on-going City wide repair and maintenance of street roads and storm drains.

 

-------- City Manager Bates noted that there are some items budgeted that would require Council action to remove the items from the budget. He listed the following items:

 

-------- GENERAL FUND

 

á       $50,000 for the Housing Element Master Plan

á       $25,000 for an Emergency Generator

á       $20,000 for the Sewer System Master Plan

á       $15,000 for either a person to assist Parks and Recreation Committee or provide Park maintenance

á       Create a Park Master Plan to compete for State Park Grants

á       Reclassify a Planning Technician to Planner, cost of $2,582 per year

á       Authorize a revised benefit plan that City Manager will bring to the Council

--------

-------- FIRE FUND

 

á       $100,000 to rebuild Engine 71

á       Authorize purchase a new fire engine in 2008/09 to replace Engine 72

á       $16,000 for a new Recorder for the 911 plan

á       Develop for Council consideration a subscription program to cover Paramedic Fees

 

-------- Mayor Pro Tem Carroll stated his concern with the $15,000 for a part-time person for Park maintenance. He was of the opinion that the Parks and Recreation Committee must just wait until the crew we have has time to do maintenance at The Park.

 

-------- Councilmember Millsap stated that the Parks and Recreation Committee wanted the liaison person, not the maintenance.

 

-------- The Council discussed the part-time person for the Parks and Recreation Committee and the maintenance problems at The Park.

 

-------- CDD Powers explained that the Public Works Department is trying to do large Capital Improvements. There is not a Parks and Recreation budget for maintenance at The Park. He stated that we did hire a new janitorial service that is coming in three days a week and if we have them here on weekends it costs more.

 

-------- City Attorney Levin suggested that the Council could take this $15,000 and add it to the Council Discretionary Fund and agendize for a future meeting how to deal with Park maintenance.

 

-------- Mayor Pro Tem Carroll moved to add the $15,000 to the Council Discretionary Fund and agendize for a future meeting how to deal with Park maintenance. The motion was seconded by Councilmember Vipperman and approved by affirmative nods of heads.

 

-------- AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

-------- NOES: None

-------- ABSENT: None

 

-------- Mayor Pro Tem Carroll asked what the current benefit plan is.

 

-------- City Manager Bates explained that currently only the employee is covered and if they want a dependent covered, they pay for it. He stated that we would like to see if there is anything we could do in that area, up to 4%, instead of a merit raise. He explained that there are three options, available to employee only for medical, two HMOs, one PPO, a dental with a HMO or PPO and a vision plan. We will try to get this back to you in August or September. Any salary raises between now and then would be deferred until this is brought back and the raise would be retroactive to the anniversary date.

 

-------- Councilmember Millsap asked if the person being reclassified from Planning Technician to Planner, would be classified as Planner plus Code Enforcement or who would do the Code Enforcement.

 

-------- CDD Powers explained that Planning Technician will continue Code Enforcement. We hope that the Building Inspector will begin Code Enforcement Certification so that he will also be able to do Code Enforcement.

 

-------- Fire Chief Nielsen explained why it was prudent to spend $100,000 to rebuild one engine. He also explained that LA County will let him tack on to their contract for the new engine.

 

-------- City Manager Bates answered a question from Councilmember Vipperman that a subscription program would be handled by Fire Chief Nielsen and probably handed over to Finance to work on implementing it and making sure it was collected. We might want to contract that service out.

 

-------- Councilmember Vipperman noted that on page 3 under the General Fund revenues we received a $30,000 refund from Workers Comp premium and that was wonderful, our development fees will go down $125,000 and our Building and Safety costs will be $104,000 less due to the fact that the Engineers are not working for us, but get their money from the fees. Councilmember Vipperman commented on page 5 that we expect to pay $51,000 of the money owed on the property at Hacienda/West, and we owe four payments.

 

-------- Councilmember Baroldi also commented on page 3 that he felt the decrease in development fees were not only caused by the slowdown in the housing market, but also the New Code. He also expressed his concern that in some areas the budget was a little optimistic.

 

-------- City Manager Bates stated that anything that does not prove true will be adjusted in the budget.

 

-------- Mayor Bergman opened the item for public comment.

 

-------- George Edwardz suggested it might be better to finance a new engine instead of putting $100,000 in refurbishing the one.

 

-------- City Manager Bates read the titles of Budget Resolution 2007-10 and FY 2007-08 Gann Limit Resolution 3007-11 and waived further reading implementing the FY 2007-08 Budget.

 

-------- Mayor Bergman moved to approve the above mentioned resolutions for the 2007-08 Budget.

 

-------- Councilmember Baroldi expressed his concern over Development Fees and Misc. Revenue on page 2 of the Budget Summary.

 

-------- Finance Director Vega explained that actual revenues in 2005-06 were large in comparison to those proposed for 2007-08 due to receiving $80,000 for two years of Prop A Fund exchange and about $30,000 from a Workers Comp refund. The development fees dropping are disturbing to see, but I donÕt think this will last more than one year.

 

-------- Councilmember Baroldi asked what the effect is of transferring $200,000 from the Fire Tax to the Fire Facility Fund in the Actual 2005-06

-------- Finance Director Vega stated that the effect is to have the Fire Fund help contribute to build the new Fire Station, as the majority of the money comes from the General Fund.

 

-------- Councilmember Baroldi stated that he did not know that Fire Tax money could be transferred to Capital Improvements.

 

-------- Finance Director Vega explained that the Fire Tax is for the operation of the Fire Operations and that would include Capital Improvements.

 

-------- Councilmember Baroldi noted that he thought the Emergency Preparedness budget listed on page 27 should be increased.

 

-------- Finance Director Vega suggested that the increase could be taken from 9016, Special Department Expense from the $27,000 by lowering that amount and placing it in the Emergency Preparedness account, 9079

 

-------- Councilmember Baroldi moved to remove $5,000 from the Discretionary Fund and transfer that amount to the Emergency Preparedness account as two separate lines, $2,000 for the Fire Department and $3,000 for City Staff for emergency rehab. The motion was seconded by Councilmember Vipperman and approved as follows:

 

-------- AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

-------- NOES: None

-------- ABSENT: None

 

-------- City Attorney Levin stated that she accepted this motion as an amendment to the approval of the 2007-08 Budget.

 

CITY COUNCIL COMMENTS

 

á       Contract Cities Conference – Mayor Pro Tem Stan Carroll and Council Member Howard Vipperman

 

Mayor Pro Tem Carroll mentioned several of the seminars; Public Works Liability, The State of the County and stated they are looking for a CAO, a discussion about Eminent Domain and Graffiti abatement and a discussion on Opportunities for Affordable Housing.

 

Councilmember Vipperman noted that Rosario Marin (Treasurer of the United States) has been invited to become Secretary of State for California. He stated that he also attended the WCCA meeting. They had an award for Fred Klein. Mr. Vipperman also mentioned that Roland vom Dorp was at the AERA Scoping meeting at Diamond Bar. He stated that he also went to the JPIA City Council Academy. This was very educational.

 

Councilmember Baroldi stated that the purpose of the City Council Academy is to keep from exposing our City to any liability.

 

ADJOURNMENT

 

-------- Mayor Bergman adjourned the Council Meeting at 12:39 a.m.

 

ATTEST:

 

 

___________________________________

RONALD BATES, CITY CLERK