CITY OF LA HABRA HEIGHTS
LA HABRA HEIGHTS CITY COUNCIL
REGULAR MEETING MINUTES
JULY 12, 2007
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
G.C. 54957
Title: City Manager
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Brian Bergman called the July 12, 2007 Regular City Council Meeting to order at 7:40 p.m. at the La Habra Heights Community Center, 1245 Hacienda Road, La Habra Heights, California. He stated that they have come from Closed Session and will return to Closed Session at the end of the meeting.
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, City Engineer Majdi Ataya, Fire Chief John Nielsen, Sheriff Lieutenant Mark Weldon, Planning Director Barbara Feeler, Senior Management Analyst/HR Personnel Manager Lara Klahejian, Deputy City Clerk Grace Andres and NBS staff,
3. FLAG SALUTE
The flag salute was led by Council Member Vipperman.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Chairperson Shipman was not present.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Chairperson Sauble thanked all those who helped with the Avocado Festival and the Emergency Preparedness Fair and those who gave donations for their success. She stated that there were many interesting displays and educational booths. She deferred her usual Emergency Preparedness information time to the residents for this meeting.
PUBLIC HEARING
5. CITY OF LA HABRA HEIGHTS NOTICE OF DISTRICT # 4
RECOMMENDATION: That City Council hold a Public Hearing to allow all interested persons to give oral or written testimony at the hearing of the proposed formation of Assessment District # 4. When appropriate, close the Public Hearing.
Mayor Bergman stated that now is the time and place fixed for Public Hearing relating to the establishment of the Citywide Street Maintenance District # 4 for the purpose of financing street maintenance within the City. The purpose of this meeting is to receive public testimony regarding the proposed District. Public notice has been given according to State law.
City Manager Bates provided a Staff Report on this item. He noted that the City at the direction of the Council has put into place all of the elements necessary to move forward with District #4. The Engineering Report was complete and NBS ballots were sent out to the residents and were returned. They have been quarantined in the ballot boxes subject to tonightÕs count. NBS will do the counting and present the findings to the City Clerk and at the end of the Agenda the findings will be presented to the Mayor. The Council will then decide whether or not to move forward with the Resolution implementing Maintenance Assessment District #4.
Mayor Bergman explained that this is the tabulation of the ballots that have come in. Ballots can still come in until the time the voting is closed.
Mayor Bergman opened the Public Hearing for Public Comment in opposition to Assessment District #4.
George Edwardz, Fullerton Road, spoke in opposition to the District #4 Assessment.
Mayor Bergman opened the Public Hearing for those in favor of Assessment District #4.
City Manager Bates explained that since we have no businesses, we have no revenue from sales tax or utility taxes. Unlike most cities, most of our revenue comes from property tax and some money comes from the General Fund to support the people on staff who work on the roads.
Mayor Bergman stated that he has one letter from Dale and Marilyn Miller.
Mayor Bergman closed the Public Hearing at this time.
City Manager Bates stated that they would take any ballot at this time and if there are none, the ballots will be cut off and they will open the ballot boxes for the count.
Mayor Bergman stated that they would move into Public Comment on matters not on the Agenda.
0:13:20
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Jessica Winship noted that she runs the Lost Animal Network as a volunteer for the City. Ms. Winship related a recent incident where she had called the Fire Department to get a cat out of a high tree. She noted her concern that the fire department may not know all of our streets and she also found that department personnel had been told not to talk to a certain resident. Ms. Winship asked the Council to refer this to the attorney as she felt this could be a legal issue of safety and not good for our City.
Fire Chief Nielsen stated that they respond to all animal calls, including cats, as long as it is safe for the firefighters. He stated that sometimes a cat rescue is not safe for the firefighters due to the height involved. Chief Nielsen read a letter from a resident who felt getting a cat out of a tree was a waste of time and a danger to the firefighters and stated that a can of food at the bottom of the tree would bring them down. He also stated that he received two phone calls expressing the same opinion.
Chief Nielsen stated that he had told his dispatchers to not give any information to George Edwardz that could damage the Fire Department. He stated that George has not asked for him.
Stan Quade, Encanada, brought a landscape plan for the area in front of The Park. He also made two large gavels for the Council, accepted with thanks by Mayor Bergman.
George Edwardz asked if the Fire Chief really instructed City staff not to speak to residents. Is there really information that might damage the fire Department?
City Manager Bates asked Mr. Edwardz to direct his questions to the chair and then they will be answered in writing to him. He stated that there are legal requirements that the Fire Department has to abide by.
Mr. Edwardz stated that for an animal rescue the Fire Department should be called first for help. He also asked to speak after City ManagerÕs reports.
City Attorney Levin explained that the only legal requirement about Public Comment is that the person be allowed to speak before action is taken. No action will be taken on Administrative Reports; comment may be taken at the wish of the Council.
ADMINISTRATIVE REPORTS
Mayor Bergman asked Mr. Edwardz to make his comments on Items 6 and 11 before the City ManagerÕs report.
6. CITY MANAGERÕS REPORT
George Edwardz asked what the negotiations are with AERA that the City Manager is involved with and what is the status of the annexation of the property across Harbor. What is the RHNA housing and AERA connection?
Mr. Edwardz encouraged that the East Side Fire Station be reopened. He stated that we still have an electrical hookup and water there that we are paying for.
City Manager Bates stated that the residents realize the quality of the Fire Service and the cooperation it has with the surrounding County Fire Stations in the area. Our Fire Department provides quality service at a very reasonable price and the residents should not misinterpret information that seems to be designed to scare more than inform people of what the real threats are and how we will effectively deal with those threats.
Mr. Bates reported that in January, in Rowland Heights, the first sign of the West Nile Virus appeared. More recently mosquitoes were seen collecting in the area of the Whittier Narrows Recreation area that concerned the Vector Control, though it was not confirmed that they carried the Virus. He asked that everyone check their home for standing water where mosquitoes could breed.
Mr. Bates reported that the Mayor has sent a letter to Edison stating that if the Tehachapi Project moves forward, we would like to see the old lattice power poles in the Habitat Authority area replaced with the newer, more modern mono poles. Copies can be seen at City Hall.
Mr. Bates explained that the last time the City has had any interaction with AERA was last year at about this time when the Community Development Director and I toured the AERA land to get an understanding of what the property was like. Since then the only action taken has been through HOSEC and our new representative is Council Member Layne Baroldi. Prior to that our representative was former Council Member Bruce Douglas. At this time AERA has moved their project from County jurisdiction to the City of Diamond Bar. They have a preliminary agreement with Diamond Bar to move forward a project that would involve about 2/3 of the AERA site adjacent to the 57 freeway moving in this direction, but not anywhere near our City.
Council Member Baroldi commented that City Attorney LevinÕs partner, Attorney Colantuono is the counsel for HOSEC and has done an excellent job. The next HOSEC meeting will be on July 23rd. There will be about 75 homes from the project that will access Harbor Boulevard in the vicinity of La Habra Heights.
7. CITY ATTORNEYÕS REPORT
City Attorney Levin had no report.
8. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Council Member Baroldi asked if there have been any new homes permitted under the new Municipal Code.
Planning Technician Feeler stated that there are three (3) pre-files that are almost complete. One of the projects is a rather small remodel and will probably be administratively approved.
9. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that besides his written report, he would like to say that all of his firefighters and paramedics are very service oriented and are talkative, so when questions come in they are referred to either my Public Information Officer or me. He stated that he cannot talk about an East Side Station tonight as that is not on the Agenda.
Chief Nielsen stated that they are moving ahead on their Pancake Breakfast for August 18th from 7:00 a.m. to noon. All residents and the Council are invited. We will have activities for the children and a Dunk Tank.
Chief Nielsen stated that the East Side storage building could be turned into a 24/7 station.
City Manager Bates stated that there are many things that would have to be done before it could be used, but it can be done.
Fire Chief Nielsen stated that he has met with the people in charge at the Church and they are all in favor of helping us as needed. He stated that he will meet with them again on Tuesday to present his idea.
Council Member Vipperman praised Jessica Winship and her work for the Lost Animal Network. He also spoke in praise of the Fire Academy #40 graduation.
10. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Weldon related another example of the usefulness of the video camera system in catching criminals in which they were able to find a pickup used in a robbery in our city and by proving they were here at the time of the robbery even though they swore they were never here. It disproved their alibi.
0:50:30
CONSENT CALENDAR
It is recommended that Items 11 through 16 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.
Council Member Millsap asked that Item 15 be pulled.
11. APPROVAL OF WARRANTS REGISTER FOR JUNE 2007
RECOMMENDATION: Approve
12. MONTHLY TREASURERÕS REPORT
RECOMMENDATION: Approve
13. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
RECOMMENDATION: Receive and File
14. CITY COUNCIL MINUTES Study Session: New Fire Station/City Hall of May 31, 2007 and Regular Meeting of June 14, 2007
RECOMMENDATION: Approve
16. SETTING THE POSTING LOCATIONS FOR CITY COUNCIL AGENDA
RECOMMENDATION: That Council adopt Resolution 2007-13 setting the three posting locations for the City Council Agenda.
Council Member Baroldi moved to approve Items 11 through 14 and Item 16. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
15. EXTENSIONS OF SOLID WASTE FRANCHISE AGREEMENTS
RECOMMENDATION: That Council authorize the Mayor to extend for one year the non-exclusive franchise agreements between the City and Waste Management, and Haul Away Rubbish. Also, authorize staff to purpose a consultant to conduct a ÒVehicle Impact Mitigation Fee Study.Ó
Council Member Millsap asked if it was customary that the Waste Haulers would fund a Vehicle Impact Mitigation Fee Study.
City Manager Bates stated that it varies in different cases. He noted that we have two cooperative waste haulers who do not pay a franchise fee, and they have agreed to fund this study.
Council Member Baroldi spoke about a new bill that will ask for 75% diversion instead of the 50% waste reduction AB 939 demands.
City Manager Bates stated that it would be very hard for any of the cities to reach such a goal. He stated that the League of California Cities is opposing it.
Mayor Pro Tem Carroll asked that City Manager Bates be sure that the Waste Haulers do not pass the $15,000 for the study on to the residents.
City Manager Bates stated that after the study we will know the weight of the trash trucks and this will be helpful in setting up fees for overweight vehicles that use our roads.
Council Member Millsap noted that the date on the agreement should be changed to 2007.
Mayor Pro Tem Carroll offered a motion to approve the one-year extension of the non-exclusive franchise agreement and to conduct a ÒVehicle Impact Mitigation Fee Study.Ó The motion was seconded by Council Member Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
OLD BUSINESS
17. REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)
RECOMMENDATION: After Council discussion, receive and file.
City Manager Bates reported that the Regional Housing Needs Assessment (RHNA) started originally with 387 units for us. After considerable discussion and a review by the Southern California Association of Governments (SCAG) we have been reduced to 79 or 80 units. Between now and 2014 we should, in the normal course of building, take care of most of the upper income units. The 48 moderate, low and very low units will be the hardest to provide in a high cost building area. He explained how much money this would require each month for the different levels of income. These units would have to be subsidized through some kind of program. We need to move forward and develop a Housing Element by 2008 and use a consultant to come up with options for the Council to consider as to how to meet our RHNA numbers.
Mayor Pro Tem Carroll noted that today SCAG finalized the numbers. No city was happy with their numbers. He noted what numbers we have for the different division of units. Mayor Pro Tem Carroll stated that any cities that did not have a certified Housing Element the last time will have those numbers rolled over and they will have to be dealt with the first year. We are one of those cities. HCD has 60 days to approve and finalize the numbers SCAG has just approved.
City Attorney Levin stated that the debate of how to deal with those numbers has been going on for some time. HCD has taken the position that all non-certified cities will have to meet the balance of their housing needs allocation from the past cycle in the following cycle. We hope that SCAG will take up the fight in opposing that.
The Council discussed what seem to be an inequality of decisions and the complicated factors they use for their decisions.
George Edwardz stated that the Automatic Aid for LA County and our city is before the Board of Supervisors now. Recommendation is to approve. Mr. Edwards stated that the 75 homes AERA plans for the homes that will access from Harbor, near here, are planned to be built under our building codes and General Plan. He stated that the Automatic Aid would provide for fire coverage of these homes if we annex them. He felt that we could trade our low income housing for their high income housing there. Those would be a benefit for us.
City Manager Bates stated that there are some very tight conditions for any trade and transfer and the chances of getting any trade and transfer is very minimal. Mr. Bates also stated that the only project at present that AERA is moving forward on is the project that is in the sphere of influence of Diamond Bar, which is a 2900 acre development. If they ever move forward with the ones across Harbor from us, it would be years in the future. This is not something that we could put into our immediate planning.
City Manager Bates commented that the RHNA housing also has to have 45 – 55 year covenants that they must follow before they can be used in any other way. There will have to be a lot of subsidies along with the financing to accomplish this.
Mr. Bates explained why they did not already have a Certified Housing Element and that it should be taken care of as soon as possible.
City Attorney Levin gave further explanation. The understanding of what is necessary for us to do is now clearer.
Council Member Vipperman stated that we should join Cerritos in fighting against RHNA housing draconian measures.
City Manager Bates explained that Cerritos is trying to change the law to make the requirements for not meeting the redevelopment housing expenditures less draconian. They are meeting their RHNA numbers.
Mr. Bates commented that Lake Forrest did not have a Certified Housing Element and the Court took over and helped them with placing affordable housing in their city.
Mr. Bates stated that if we do not contest, the next step would be to get proposals from consultants to do a Housing Element for the City. We would make a recommendation to the Council on a consultant by next October. He stated that they want someone experienced with getting Certified Housing Elements and the consultant would want input from the Council.
City Attorney Levin stated that as the legal consultant they will be working closely with the Housing Element Consultant. We will make sure all of the options are considered that would be most appropriate to La Habra HeightsÕs principles and the General Plan, but we are stuck with the strict State laws.
Mayor Pro Tem Carroll moved to receive and file Item 17. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Manager Bates explained that Item 18 was reposted to read as follows:
1:33:11
18. DISCUSSION AND ACTION TO DEVELOP A SURVEY, ADVISORY VOTE OR OTHER MEANS OF SOLICITING COMMUNITY INPUT REGARDING A NEW FIRE STATION
RECOMMENDATION: Two members of City Council have requested that the Council consider appointing a citizen committee assisted by; a legal/consultant to prepare an advisory ballot on the Fire Station. This motion was not successful at the last Council Meeting.
City Manager Bates informed the Council that for approximately $2,000 we can do a post card ballot.
Mayor Bergman opened the Item for Public Comment.
There was no comment.
Mayor Bergman brought the meeting back to the Council.
Mayor Pro Tem Carroll moved that the Council authorize a Council sub-committee; Council Member Vipperman and Mayor Pro Tem Carroll volunteered; bring back to the August Council Meeting a prototype of a citizenÕs survey for locations of the Fire Station. The survey would have three options with no pros and cons. The motion was seconded by Council Member Vipperman.
The Council discussed the motion.
Mayor Bergman suggested that the post card survey rank how they feel about each site rather than check the one they like the best.
Mayor Pro Tem Carroll changed his motion to have a ranking of the sites.
The motion was approved as follows:
AYES: Bergman, Carroll and Vipperman
NOES: Baroldi and Millsap
ABSENT: None
City Attorney Levin stated that when they come back with this, staff will need direction as to who the survey will go to and how it will be counted.
19. APPRAISAL FOR FIRE PROPERTY
City Manager Bates reported that he found that an appraisal would cost approximately $3,000 to $4,000. He stated that he had received an e-mail from Council Member Vipperman to remove this item from the Agenda. Council Member Vipperman and Council Member Baroldi had requested this item for the Agenda.
George Edwardz asked if there is going to be something on the next Agenda about the possible East Side station.
Mayor Bergman stated that he would put it on the Agenda now for next month.
Mr. Edwardz stated that if there is an East Side station it could change where we want the main Fire Station. It would change the response times.
Council Member Baroldi agreed to withdraw Item 19.
The Item was closed.
Mayor Bergman called for an intermission at 9:31 p.m. and reconvened at 9:47 p.m.
NEW BUSINESS
Mayor Bergman stated that they are still counting the ballots, so we will have City Council Comments and possibly go back to Closed Session and then have the report on the result of the ballots cast on the Citywide Street Maintenance Assessment.
City Attorney Levin stated that they may be through counting the ballots after the City Council Comments.
CITY COUNCIL COMMENTS
Council Member Vipperman proposed a City celebration and parade on July 4th next year and all the service organizations be included.
City Attorney Levin stated that it can be put on the Agenda for discussion.
Council Member Vipperman stated that he would like to have that put on the Agenda.
Mayor Bergman stated he seconded that.
20. CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT # 4 (STAFF REPORT ITEM # 5)
RECOMMENDATION: That Council adopt Resolution 2007-14 provided that a majority protest DOES NOT exist for the formation of Citywide Assessment District # 4
City Manager Bates stated that they are ready. He explained that there were 1,026 total ballots returned, representing 61.39% of the weighted ballots were cast in favor of the assessment increase and 38.61% of the weighted ballots were cast protesting the assessment increase. A majority protest does not exist. Mr. Bates stated that the Council is free to take action at their discretion to approve Resolution 2007-14 implementing Assessment District # 4.
City Attorney Levin suggested a correction on the Resolution, that you delete the words Òmodifying and orÓ from the title.
There were no public comments on this item.
Mayor Pro Tem Carroll moved to adopt Resolution 2007-14 approving Citywide Street Maintenance Assessment District # 4. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Bergman adjourned to Closed Session at 9:55 p.m. The Council returned from Closed Session at 11:49 p.m.
City Attorney Levin stated that no reportable action was taken.
Council Member Vipperman announced that the CERT program will be available in La Habra on August 25th, September 8th and September 15th from 9:00 a.m. till 4:30 p.m. at the Community Center. It is a three week course and there are spaces open. Register now.
ADJOURNMENT
Mayor Bergman adjourned the City Council Meeting at 11:51 p.m.
ATTEST:
____________________________
RONALD BATES, CITY CLERK