CITY OF LA HABRA HEIGHTS

 

REGULAR CITY COUNCIL MEETING MINUTES

 

SEPTEMBER 13, 2007

 

STUDY SESSION

 

·      Trails Connection Master Plan and “The Park” (La Mirada Creek) Master Plan

 

Mayor Bergman called the Study Session for the Trails Connection Master Plan and “The Park (La Mirada Creek) Master Plan to order at 6:13 P.M.

 

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

 

Staff present: City Manager Ronald Bates, City Attorney Kathy Paspalis, Community Development Director Justin Powers, City Planner Barbara Feeler and Deputy City Clerk Grace Andres.

 

Parks and Recreation members present: Chairperson Crystal Myers, Vice Chairperson Sandy Dykier, and Committee members: Carol Engelhardt, and Ginesh Ghiya. Absent: Alan Boval.

 

TRAILS CONNECTION MASTER PLAN

 

City Manager Ronald Bates commented that Meenaxi Panakkal has been helping to develop the “Trails Connection” Master Plan with the Parks and Recreation Committee and has brought a completed plan. It outlines four Trail Heads that will allow the Council/Committee after a presentation by Ms. Panakkal together with public comment, to make it possible to develop a consensus on what some of the top priorities should be. Mr. Bates noted that after we get the priorities laid out, there are additional funding options that we may be able to access to develop Trail Heads.

 

Community Development Director Justin Powers noted the importance to set priorities in order to get some funds for the Trail Heads and development of the trails. He introduced Meenaxi Panakkal, LSA.

 

Meenaxi Panakkal, Senior Land Use Planner, stated that the primary purpose of this Master Plan is to provide connections to the regional trail, the Schabarum trail. She stated that the trails have to provide human interaction while maintaining the “Habitat” needs. Ms. Panakkal noted that after consideration they chose four recommended Trail Connections:

 

a.     Las Palomas

b.     Skyline at Casalero

c.     Hsi Lei Temple

d.     Skyline at Leucadia

 

City Manager Bates stated that we want to honor the concerns of the Habitat Authority and the concerns of the residents in our decisions. Mr. Bates noted that we should consider a connection on the East side of the City. There could possibly be a Trail Head at Skyline on the East Side where the water company will build their water tank besides the four recommended ones.

 

Committee Chairperson Crystal Myers stated that the central part of La Habra Heights also needs a way to get to the trails, such as Churchill, Ahuacate, and Reposado. She stated that the recommended trail connections at 3 and 5 on the map are closed.

 

Meenaxi Panakkal stated that this was by order of the Habitat Authority Resource Plan because they state that there are far too many trails in their space. These trails are in their jurisdiction.

 

Faith Grimm stated that they have closed trails so that you cannot get from the West Side to the Hacienda underpass.

 

Community Development Director (CDD) Justin Powers explained that the Rivers and Mountains Conservancy is not going to give a grant if there is a conflict on what is available for connecting trails between our City and the Habitat Authority. The closed trails let us know what to discuss with the Habitat Authority. For recommendations we need what we all agree on. If we don’t own the land we want to spend grant money on, it will be hard to get the grant.

 

Committee Member Baroldi stressed the importance of knowing what easements are in the area for trails and what information this study gives about them.

 

CDD Powers explained that he had hoped to look into easements with an original grant of $50,000 from the Rivers and Mountains Conservancy, but they are only interested in connections with Regional Trails.

 

City Manager Bates suggested that where we see proposed trailheads at or adjacent to the Schabarum trail we can set these fairly high in priority for potential development. On number 8 on the map at Skyline, we have road access into the Habitat Authority for fire road maintenance.

 

Council Member Baroldi asked if the City has talked to the Water Company about where they are building the water tank.

 

City Manager Bates stated that they have not talked to them about the trail head project, but the City does have an 80 foot right of way through there.

 

Mayor Bergman asked if the Habitat Authority is opposed to any connection on the East side.

 

Meenaxi Panakkal stated that the East side does have three sites that would be possible, but we wanted to spread them over the whole City. Sites 8 and 9 are in a wildlife corridor and this could cause problems.

 

Mayor Bergman stated that we need to look at this again as there is no connection to the East side.

 

Stephen Blagden commented that there is a trail entrance at Fullerton Road, East Road and Skyline that with a little grading, there could be room for parking. This is why we should not vacate the road to the water district for their water tank, but keep it an easement and make it a trail.

 

City Manager Bates stated that we have good cooperation with the Habitat Authority on recommendations 1 and 5a.

 

Meenaxi Panakkal stated that they can look at site 10 again for the East side.

 

After considerable consideration and comment, consensus was to prioritize sites 1, 5a, 4 and possibly 8 and 10.

 

Council Member Baroldi moved to have staff aggressively pursue funding sites 1, 5a and 4 with the identification as potential opportunities, both 8 and 10. The motion was seconded by Council Member Engelhardt and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

01:00:10

 

 

THE PARK (LA MIRADA CREEK) MASTER PLAN

 

City Manager Bates stated that as more funding becomes available for park development, especially in conjunction with the Rivers and Mountains Conservancy, when we have a good plan in place we will be able to apply for grant funding to implement that plan. Mr. Bates stated that we need comments from the public. The Parks and Recreation Committee have already expressed an interest in including a lunging ring and an outdoor basketball court. We have a landscape plan presented by one resident as part of a long range plan of development of The Park. Our hope tonight is that the Council will put in place a master planning committee to work on a Master Plan for The Park. Having a Master Plan for The Park will help us to get funding.

 

CDD Powers presented an overview of what the Rivers and Mountains Conservancy is looking for and what they will not fund. They will not fund operations or maintenance of The Park. They need to have plans that have access to all people and have an educational focus, but will not supply money for park equipment. It would have to consider the blue line stream and try to restore natural species of plants. They would want partners and we have received a $100,000 grant from Supervisor Knabe. We have a $15,000 match with them. We have to show them by the Master Plan that we are ready to do this.

 

Staff noted a possible composition of a Master Planning Committee as follows:

 

a.     5 members of the Parks and Recreation Committee

b.     2 members of the LHH Improvement Association

c.     1 member of the Highland Riders

d.     1 member of the Garden Harvest

e.     1 member of the 4-HClub

f.      1 member of the Historical Committee

 

The Council discussed the composition of the Master Planning Committee.

 

Stephen Blagden noted that the most important part of creating a Master Plan is following the General Plan. Everyone involved in this should read the General Plan. The Park is full now and we should consider looking for grants to purchase property that can be included in The Park. Before there is any planning done the City should do an in-depth financial review and physical analysis of the park building, including operating and maintenance costs. He stated his opinion that the park building is a money pit and of little benefit to the residents. It could be converted to a City Hall, which would reduce one building to take care of. He felt that the composition of the Committee is composed of special interest groups and would not express the wishes of the Community at large.

 

City Manager Bates explained that the Committee must be focusing on a deadline of January in order to get into the Rivers and Mountains Conservancy funding cycle. He suggested that each group for the Committee select who would represent them in the Master Plan Committee. All the meetings would be announced and open to the public. He explained that even if we don’t get this particular funding, we need this Master Plan put together with information from everyone on the Master Plan Committee.

 

Parks and Recreation Committee Member Engelhardt expressed her concern that the composition of the Master Plan Committee is diluting our say in what The Park needs, when they have worked so hard to take care of The Park. She stated that the Parks and Recreation Committee vote should count for more than the other organizations.

 

Mayor Pro Tem Carroll moved to form the Master Plan Committee with 5 members of the Parks and Recreation Committee, 3 members of the LHH Improvement Association, 3 members of the Highland Riders, 1 member of the Garden Harvest, 1 member of the 4H Club, 1 member of the Historical Committee, 1 member of the Lost Animals and the Greyhound Rescue, 1 seniors, 1 for children, 1 member for the fine arts and 2 to 3 at large members. The motion was seconded by Council Member Vipperman.

 

Committee Member Dykier asked what the $100,000 funds were to be used for.

 

CDD Powers answered that it would be used for the area adjacent to the blue line stream. This will be used basically for cleanup and not for building.

 

Council Member Vipperman added that the City has thrown in a $15,000 grant to add to the $100,000 from Don Knabe.

 

Stephen Blagden stated his opinion that this activity would best be done by the Parks and Recreation Committee as it is their job to plan The Park. Any positions could be filled by the groups, and others could participate in the Hearings. This would be quicker.

 

Jessica Winship noted that the people who want to save The Park are the ones who support the events at The Park. She stated that many people came forward to help on the various events this year.

 

Council Member Millsap asked for an amendment to the motion, to cut the number of participants.

 

Mayor pro Tem Carroll did not accept the amendment.

 

The original motion was approved as follows:

 

AYES: Baroldi, Carroll, and Vipperman

NOES: Bergman and Millsap

ABSENT: None

 

Mayor Pro Tem Carroll suggested that the first Master Plan Committee meeting be held three weeks from next Monday.

 

City Manager Bates commented that the organizations will pick the persons to be on the Master Plan Committee and those not part of an organization may come to city hall and fill out an application.

 

Mayor Pro Tem Carroll asked that this be noted on the website and Staff pick those who do not belong to an organization.

 

Council Member Millsap stated that those on the Committee will be subject to the Brown Act and have to be oriented.

 

Mayor Bergman asked for a break at 7:43 p.m. and reconvened at 8:07 p.m.

 

 

OPENING CEREMONIES

 

1.         CALL MEETING TO ORDER

 

Mayor Bergman called the September 13, 2007 Regular City Council Meeting to order at 8:07 p.m. at the La Habra Heights Community Center, 1245 Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

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

 

Also present: City Attorney Kathy Paspalis, City Manager Ronald Bates, Community Development Director Justin Powers, City Planner Barbara Feeler, Finance Director Freddie Vernon Vega, Fire Chief John Nielsen, Fire Marshal Ken Hill and Sheriff James Wolak.

 

3.              FLAG SALUTE

 

The flag salute was led by Eagle Scout David Broadbend from Scout Troup 1232.

 

·      Rita Topalian, a field representative from the office of Senator Bob Margett, presented David with a certificate and letter from Bob Margett congratulating him for achieving the level of Eagle Scout. She told him that the Senator and many politicians are Eagle Scouts. She explained that this certificate was asked for by Council Member Vipperman.

 

Council Member Vipperman stated that he has known the family for many years. He presented David with a letter of congratulations from Don Knabe, Board of Supervisors, and LA County.

 

Mayor Bergman also presented David with a Certificate of Achievement from the City of La Habra Heights.

 

4.              PRESENTATIONS

 

·      Certificate of Appreciation for the “Dog Days of Summer” event to Phil and Krystal Emery

 

Mayor Bergman presented a certificate for Phil and Krystal Emery for putting together the Dog Days of Summer event and commented that they did a fantastic job.

 

·      Recognition of Bud (Roy) Cummings

 

Kathy Sauble asked Bud Cummings, Fire Chief Nielsen and Deputy Bickel to come forward. Ms. Sauble noted his long service as a volunteer for the community. Deputy Bickel noted how helpful he has been in many ways to the Sheriffs. Fire Chief Nielsen thanked Mr. Cummings for being a very dependable and helpful person.

Mayor Bergman presented Bud Cummings with a certificate of appreciation for his service to the City over the years.

 

Kathy Sauble presented Bud Cummings with a plaque for his years of service to DCS, EPC, VOP, and CERT with special thanks from the Los Angeles County Sheriffs Department, La Habra Heights Fire Department, the Community and the City of La Habra Heights.

 

·      Shell-AERA Project, Claire Schlotterbeck

 

Claire Schlotterbeck stated that her father, a college professor, had a philosophy that you give the hardest projects to the newest students because they didn’t know it couldn’t be done and then they would do it. That philosophy guided our group when we formed the “Hills for Everyone”. We were told it was not possible to save the hills because of the developers, too much expense and nobody cares about Southern California, however we have done this with much support. She noted that Dave Myers founded “Hills for Everyone” from La Habra and she gave a brief history of the movement. We are working on acquiring money to buy the Shell AERA land. Shell-AERA has gone to Diamond Bar for approval with basically the same development plan because they are unwilling to comply with the rules that govern Los Angeles County’s significant ecological areas. Diamond Bar does not have the same rules. That means that Diamond Bar will be making the decisions which will affect all of the neighboring cities. Shell-AERA has no concern for this area at all. We need to save these hills.

 

The address to send donations for this cause will be posted on the City website.

 

·      Public Works committee, Chairperson Jerry Shipman

 

Jerry Shipman noted that they have completed Zone 5 maintenance. We will be mostly maintaining the roads now. The report on Las Palomas is still being evaluated. We hope to have a recommendation on how to proceed by next month. We are waiting for a blessing from Caltrans for Hacienda repair. We are clearing all of the storm drains in expectation of the rains. A major rain could cause us to lose a portion of Cypress near 707 Dorothea, so we still have a problem there because of some previous illegal grading. Item 17 will consider the Ahuacate problem that we must consider. He encouraged the residents to water five minutes at a time; two or three times rather than fifteen minutes and lose water onto the street because it can’t soak into the ground fast enough. Mr. Shipman stated that they still need another member for their Committee.

 

·      Emergency Preparedness Committee, Chairperson Kathy Sauble

 

Kathy Sauble stated that September is National Emergency Preparedness month. She stated that she would speak about “Neighbors Uniting to Help Each Other”. We should take the time to evaluate what we would need to take with us in case we have to leave suddenly. We should prepare for emergencies now before needs arise.

 

0:34:06

 

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

 

            Mayor Bergman stated that he has 18 cards so we have to keep comments to 3 minutes.

 

            Stephanie Dodson Chang, Avocado Crest Road, expressed her concern for speeding that occurs at the lower third of Avocado Crest Road near Skycrest. She asked that the Council try to do something to slow down those who do not follow the posted speed limit.

 

            Jessica Winship, Cypress, stated that it was a great pleasure to work with Krystal and Phil Emery on the “Dog Days of Summer”. Staff gave us great support when working on this event. She thanked the volunteers who helped; Cecelia and Ed Borrowe, Judy Ennis, George Edwardz, Kim Jensen, Shirley Blackwell, Karen Vipperman, Jerry Freeson, Jody Williams, Judy Morgan, Jody Morgan, Penny Zuritski, Jody Siermarg and Vernon Anderson. Healthy Paws pet food came and passed out pet food samples and stayed all day and helped. Pet Lovers Groomers, gave a nice donation. This was a wonderful event. She added that four of the Council Members judged the contests.

 

            William Hinz spoke about the graffiti in our City. He noted that this is serious as it is a sign of organized crime coming into our community. The gangs are marking their territory. A woman in a nearby city was killed when she objected to some taggers. Mr. Hinz noted that it has to be removed right away. If you see graffiti report it. Employees of the city must realize the importance of removing graffiti promptly.

 

            Sheriff Lieutenant Wolak noted that there was also another similar murder in one of the desert communities. He stated that residents should not try to stop it, but report it immediately. He stated that it is a big deal.

 

            Mayor Pro Tem Carroll asked the City Manager what the process is when they get a call about graffiti.

 

            City Manager Bates stated that we try to get it removed that day, but we are not always successful. We only have one full time maintenance worker. Mr. Bates noted that some of our signs are getting so old that we cannot remove the graffiti without totally wiping out the sign itself. We are trying to replace the signs with anti-graffiti cover on the sign so it is easier to remove. It is a high priority with us.

 

            Mayor Bergman stated that we need to keep the high priority on that.

 

            Faith Grimm, Las Palomas, stated that the subject of a new fire station needs to be addressed now. We need to provide decent facilities for our firemen. Our city’s 2,000 households have to bear the cost of this facility and there are several other costly projects before us that we will have to take care of and pay for. When the proposals are presented tonight keep in mind the firefighters vital needs and that there are many other options than the ones already proposed.

 

            Stan Quade, Encanada, talked about the waste of taxpayer money in the walkway to the horse arena at a total cost of $6,000. He stated that it had to be re-done because it was not made clear to them that it had to be done to ADA specifications. Both the City and the people doing the work were to blame. The workers had only a tree trimming license and a landscaping license. The bid instructions were not correct for ADA specifications. Spending for such projects must be watched more closely. He stated that volunteers are not appreciated in this City.

 

            City Manager Bates noted that for the sidewalk, staff and the contractor messed up.

 

            Bud Cummings, Canonita Drive, noted that our first priority is decent living quarters for the firemen and shelter for their equipment. We don’t need a fancy City Hall. Put the Fire Station at West Road and that will leave enough parking for City Hall and they can move into where the Fire Department is now. He challenged the City Council and the City Manager to spend two nights in the quarters for the firemen and that may speed up the decisions.

 

            George Edwardz, Fullerton Road, spoke about the community’s freedom of speech, right to access information and right to access the government. Mr. Edwardz spoke about a Council Meeting on May 11, 2006. A resident asked for help at Flat Top and members of the Council and the City Manager had his comments edited out of the broadcast. How do we get to know if there are problems in an area if they are edited out? On August 28, 2007 there was an arson fire at Casalero at Flat Top that went unreported for many hours. Someone torched their car and by the time the Fire Department arrived, there was nothing left. This was during a red flag warning. What is the policy on editing people’s public comments? Mr. Edwardz noted that the Sheriffs Report does not put the addresses of things that happen, such as arson fires. He spoke about a secret meeting on August 15, 2007 with Don Knabe. No notice was given to the media or public. During this meeting, the acquisition by the City of the property across Harbor Boulevard next to the AERA project, 31+ acres, was discussed. The City Manager stated that he wants this to build a new Fire Station. We had no idea the Council had voted on buying the land or building a Fire Station east of Harbor Blvd. They also asked Don Knabe for $13,000,000 plus dollars. He asked City Manager Bates to work with the District Attorney as to violation of the Brown Act in relation to the meeting with Don Knabe.

 

            Mayor Bergman asked the City Manager to comment on Mr. Edwardz comments because statements were not true.

 

            City Manager Bates explained that this was misinformation and the public needs to understand the information accurately. Mr. Bates noted that the meeting with Don Knabe had been scheduled and planned many months in advance and was properly noticed. We had a public member who showed up for the meeting and can be a good source for information about what was said and not said at the meeting. The Agenda Item about looking at property, covered any property the County has available east of Harbor (7 parcels totaling 31 acres), and if the County would be willing to sell any of these in the future if we become interested. Mr. Knabe stated that at present there were no plans to use that land. The only mention of $13,000,000 was made by Don Knabe, stating that they were trying to obtain funds to improve “Harbor” (Hacienda Road) many years ago that La Habra Heights had turned down. It had nothing to do with any current request or the current Council.

 

            Mayor Bergman stated that as he remembers, it was for straightening Hacienda, which at the time we did not want.

 

            Council Member Baroldi stated that the reference to that money was that it would be nice to have that kind of money, but not for any specific purpose.

 

            Council Member Millsap stated that she did not go to the meeting but she did receive an Agenda and there was no Council vote on buying the land or building a Fire Station on land on the east side of Harbor.

 

            Mayor Pro Tem Carroll noted that Mr. Blagden was at the meeting from the beginning, but Mr. Edwardz arrived at the end of the meeting.

 

            Mayor Bergman stated that the only time we cut something from the broadcast was a safety matter, where we cut out some information for the safety of the community. Otherwise there would be no editing.

 

            City Attorney Paspalis explained that any public records requested where there is ongoing crime; we would not supply that information to the public by State Statute.

 

            Sheriff Lieutenant Wolak stated that the car that was torched was probably a stolen car and it is not to the best interest of those outside of our City to have this information. We don’t want other car thieves to bring cars here to torch them.

 

            Council Member Vipperman stated that the Council has been elected by the people and we should have their confidence. He stated that it is not unusual to have breakfast meetings with elected officials. He stated that he was amazed that it caused any questions or problems. He suggested that in the future it be recorded.

 

            Fernando La Fuente, invited everyone to the Car Show at The Park on October 6^th. Mr. La Fuente thanked Mr. Geissinger for the equipment he provides for sound at The Park events. Mr. La Fuente stated that at Casalero there is a gate that cannot be opened. There is a broken conduit there. He questioned; is it live or not? Why can’t the gate be opened?

 

            Council Member Baroldi stated that it has been referred to the City Manager.

 

            Norm Zezula, stated that he proposed that the City pay for the paramedic subscription fee for everyone out of the City surplus. He stated that the elderly would be most likely not to pay the subscription fee or hesitate to call for aid. It could cost them their lives. Staff wants to use the surplus for the Fire Station so there won’t be a raise in taxes. We already are having taxes which are called user fees for Fire Department and Paramedic Services and now there is the Subscription Service.

            William Reoch, Casalero Drive, expressed his concern that the area of Flat Top is unsecured and asked what we can do to secure it before fires spread to our homes. He stated that he has been trying to clear the area himself. Over the last few months the Sheriff’s response time has gotten better.

 

            Mayor Bergman stated that they are all aware of the problem.

 

            Crystal Myers, Las Palomas, appeared with a llama and commented that it is time for their third annual Fall Play Day on Sunday, September 30, 2007 at 10:00 a.m. This year the Vice President of our club will be helping. There will be contests and Garden Harvest there. She invited the Council Members to again judge the contests and invited anyone else interested in llamas to come to the event.

 

            1:15:34

 

 

ADMINISTRATIVE REPORTS

 

5.              CITY MANAGER’S REPORT

 

City Manager Bates invited all those who would like to have their dogs get free micro-chipping, bring them to The Park on September 15 from 9:00 a.m. to 12:00 p.m. Mr. Bates also noted that Assembly Constitutional Amendment 8 has been introduced in the Legislature and if passed will limit condemnations in redevelopment areas. It would maintain condemnation authority for cities and special districts when it comes to a public project. This should solve the problem of the more draconian initiatives proposed that would basically eliminate or curtail any type of condemnation for a public purpose.

 

6.         CITY ATTORNEY’S REPORT

 

            City Attorney Paspalis had no report.

 

7.              COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

 

Stephen Blagden noted that the Planning Commission has been doing Code updates and they have effectively removed the time limit for appeals. He stated that the new Codes may not be the only reason we have not had new activity in Planning under the new Codes.

 

Community Development Director (CDD) Powers noted that 318 Encanada has been approved and is our first remodel under the new Codes.

 

Council Member Baroldi asked about a bus that had been a problem for some time on Lamat.

 

City Planner Feeler explained that they handle imminent hazard cases first and as time allows we handle things not so dangerous. We have tried to do inspections at that address, but the owner would not let us on the property. We also think the roof is substandard and he would not talk to us about this so we now have to talk about our options with the City Manager.

 

Mayor Bergman asked for an update on the problem at 707 Dorothea.

 

City Attorney Paspalis stated that the City Prosecutor has been in touch with the receiver for the property. She stated that he made it clear that the rainy season would start about October 15 and she expects to see results soon.

 

City Manager Bates commented that there was an e-mail to the receiver from Sandy Levin today indicating the City’s concern about moving this along quickly and there was an e-mail back from the receiver noting that they would do everything they can to move this along. We will go back into court if we have to.

 

8.         FIRE CHIEF’S REPORT

 

            Fire Chief Nielsen stated that he has nothing to add to his report.

 

            Mayor Bergman asked for some comment on the Automatic Aid Agreement.

 

            Fire Chief Nielsen stated that the Agreement went into effect September 1^st. We have provided service to them four times. Three of those calls were cancelled. They have not yet been activated into our City. Chief Nielsen explained that we provide paramedics no further than Whittier Blvd., west to Valley Home and east to Monte Vista. We get an engine and medics on the west side of the City. They will cover the area between Las Cumbres and Le Flore on the west side. Chief Nielsen stated that LA County Fire decided that they could not provide better service to our east side than we could.

 

            Council Member Vipperman stated that he would have appreciated the Council getting the information before the residents got it. He stated that they had a “911” ceremony that he also did not know about soon enough. He asked if the new radios will still be able to be heard on scanners. He stated that a lot of people depend on scanners to know what is going on in the city.

 

            Chief Nielsen stated that they were waiting to have them installed. These radios will be in all of LA County and scanners will be able to pick up the location but will not be able to pick up the communication between units and dispatch. This is done to protect people’s privacy.

 

9.         SHERIFF’S DEPARTMENT REPORT

 

            Sheriff’s Lieutenant Wolak, Operations Lieutenant at Industry Station, stated that La Habra Heights is a safe community and getting safer. He stated that they are aware of the public safety concerns and Deputy Bickel is an outstanding deputy. This year we have had a 7% decrease in part one crimes.

 

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 AUGUST 2007

 

RECOMMENDATION:                    Approve

 

11.           MONTHLY TREASURER’S REPORT FOR JULY 2007

 

RECOMMENDATION:                    Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

RECOMMENDATION:                    Receive and file

 

13.       CITY COUNCIL MINUTES        Regular Meeting of August 9, 2007

 

                                                                        Meeting with Don Knabe, August 15, 2007

 

            RECOMMENDATION:                    Approve

 

14.       APPROVE AUDIT SERVICES FOR FY 2006-07, 2007-08 AND 2008-09

 

RECOMMENDATION:                    That Council selects the accounting firm of Mayer, Hoffman, and McCann to provide auditing services for FY 2006-07, 2007-08, and 2008-09 with an option for two additional years and direct the City Manager to sign an agreement for such services based upon the continued satisfactory performance of the auditors.

 

Mayor Pro Tem Carroll moved to approve Items 10 through 14. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSTAIN: Millsap abstained on the Minutes for the Don Knabe Meeting as she was not there.

ABSENT: None

 

1:38:15

 

 

OLD BUSINESS

 

15.           CONCEPTUAL DESIGNS AND ESTIMATED COST FOR A FIRE STATION

 

RECOMMENDATION:                    Council Policy

 

City Manager Bates noted that the Agenda Report is the same as last month. Kelly Needham is here tonight and has two conceptual designs for the current site that he will explain and also a conceptual design for the Hacienda/West site. We also have an independent evaluation of the cost of constructing a fire facility at Hacienda/West.

 

Kelly Needham, WLC Architect, stated that a survey was performed on the current site and found that it is 1.9 gross acres and 1.49 net useable area acres, so we now have an accurate recording of where everything is and the elevations. We have two designs of approximately 13,851 square feet. The design approved by the Fire Department is design 2. Mr. Needham explained the layout in detail. The approximate cost at the current site would be $7.3 million. Mr. Needham explained in detail a design of a 16,190 square foot pre-manufactured metal building at the Hacienda/West site. The estimate of the pre-manufactured metal building at the Hacienda/West site would be $5.1 million. There would be some additional costs as listed on the attachment.

 

The Council Members discussed the designs and the different forms of building.

 

Mayor Bergman asked for Public Comments on Item 15.

 

David Garza, Structural Engineer, stated that he was asked if cold formed steel for the structure would make any difference, and his answer was that it would not.

 

Council Member Vipperman stated that the reason he asked the question was to show that there would be no cost difference between the building systems at the present site and the Hacienda/West site.

 

Mr. Garza noted that the difference would be because of the pre-fabrication, which could also be done with the construction at the present site.

 

Kelly Needham explained that it is very difficult to pre-fabricate the building at the current site because it is irregular and the pre-fabricated ones are rectangular. He stated that in his opinion pre-fabrication in the area possible would only save 10-15%.

 

Mr. Garza explained how his cold formed steel building differed from the Fox Butler building. He noted that the cost of his building would be determined by exactly what the City wants. This would probably be a little more costly.

 

 

George Edwardz, asked where the City Council would meet while building is going on at the current site. He stated that he would be opposed to the look of the pre-fabricated type of structure at the current site.

 

Council Member Vipperman answered that it could be in the Fire Department training room.

 

Mr. Needham stated that he had heard they could possibly meet at The Park

 

Judy Hathaway Francis, Chota Road, stated that her concern was the economics of the project. We are a small city and we have many needs, both in the Fire Department and other City needs that will probably grow. The building should not be grand and cost more than the services coming from it. Ms. Hathaway Francis stated that the condition on the East Side is now worse because of the added service needed for La Habra. There needs to be something on the East Side. She stated that the homes that we have to cover on the Las Cumbres area cannot even be reached from our City. We have to go around into Whittier to get there. Ms. Hathaway Francis stated that she hopes the Council will also be visiting other Fire Departments and have questions to ask about our buildings.

 

Faith Grimm, Las Palomas, stated her concern that they have not considered modular buildings and her understanding was that they could be done considerably cheaper. We could even guarantee to replace them every 10 years.

 

Kelly Needham stated that you can design them to meet essential service requirements similar to those at schools. We have used them to provide temporary stations and vehicle protection while permanent stations are being built.

 

City Manager Bates stated that it would be workable but we still have to stabilize the soil.

 

Kelly Needham stated that it would be easy to find out what it would cost.

 

Chief Nielsen stated that anything is better than where the Firemen are now living.

 

Stephen Blagden, Citron Road, stated how bad the parking is at the current site, as it was easy to see tonight for this meeting. With the new plan there will be less parking. He noted that the plan for the Hacienda/West site does not even follow the General Plan. He presented suggestions that would substitute for the street lights, curbs and parking lot lights. He asked why there are acceleration and deceleration lanes only on one side of the road? Do we need any at all?

 

Venetta Ramm, noted that costs to prepare the soil on both sites are about the same. The Hacienda/West site can have a different type of building that is more affordable than what would have to be built on the current site, which would cost approximately $2,000,000 more. Asbestos removal and construction at the current site would be a serious health problem. There would be small children, teachers and City Staff in close proximity of the project. This will cost an unknown amount more. She noted that 70 percent of our responses are to the north of the present station and a more central location such as Hacienda/West would shorten those responses. Ms. Ramm stated that the Automatic Aid Agreement and the proposed East Side Satellite Station will greatly improve our response time to both sides of the City. If this meeting room is destroyed we will have to meet at The Park and the new meeting room will be only about half the size of what we use now. Parking spaces at the current site are now inadequate and there would be less with the new plan. This would violate our city’s parking ordinances. We cannot count on the school parking places. We are required by law to submit a plan to the State by summer, 2008 on senior housing. If we don’t build them at this site, we could be forced to build the high-density housing into our residential areas. At the current site our firemen are forced into inadequate living and training space. The Hacienda/West site would correct this situation. She asked the Council to choose the most affordable and best situation for everyone.

 

Mayor Pro Tem Carroll asked Mr. Needham how he could reduce the size of design 1.

 

Mr. Needham answered that he could only delete one bay and the training room. You can’t get it down to 10,000 square feet; only reduce it 2500 square feet. There is not much in a Fire Station that is not needed.

 

The Council continued with suggestions to try to bring down the costs and also discussed the size and cost when the City Hall would have to be moved or rebuilt.

 

Mr. Needham stated his professional opinion was to build at Hacienda/West due to room to expand, putting a pre-fab building on it and parking. He stated that cost-wise the cost should be a little less.

 

Council Member Baroldi stated that we have to take into consideration the cost of the East Side Station also.

 

Mayor Bergman asked for a break for a change of tape at 11:07 p.m. and reconvened at 11:28 p.m.

 

Fire Chief Nielsen stated that he was not asking for anything grand, but he would like something a little bit more functional and better than what they are living in now. He stated that he would find it very difficult to run the Fire Department on this site while construction was being done. There is always the chance of us not being able to get to a call on time because of some obstruction. We do not have room for training here and already go to several other places to do our training. We are also now required to include LA County firemen in our training due to the Automatic Aid Agreement. Make it right from the beginning as we are trying to get quarters that will last for 50 years.

 

Mayor Bergman stated that the only action that could be taken tonight is to pick Hacienda/West for study.

 

Mayor Pro Tem Carroll offered a motion to receive and file. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll and Vipperman

NOES: Millsap

ABSENT: None

 

3:03:01

 

16.           IMPLEMENT SURVEY, ADVISORY VOTE OR OTHER MEANS OF SOLICITING COMMUNITY INPUT REGARDING A NEW FIRE STATION

 

RECOMMENDATION:                    As authorized by City Council, implement the postcard type ballot.

 

            City Manager Bates reported that the staff report is the same as last time. Mayor Pro Tem Carroll and Council Member Vipperman prepared the draft postcard ballot for the residents. Kelly Needham provided information for comparison of the three sites. Howard Vipperman provided an argument in favor of the current site, Venetta Ramm provided the argument in favor of the Hacienda/West site and Fred Klein provided the argument in favor of The Park.

 

            Mayor Bergman stated that he has some cards from people who want to speak on this.

 

            George Edwardz, stated that sending out the postcard ballot opens the way for a lot of campaigning for whichever site each person prefers. What happens if the residents pick the current site even after the information we have heard tonight? We should open up the East side satellite no matter what the cost. We just need to get our Department on scene faster. We need to move on this. The ballot could delay things further.

 

            Stephen Blagden, Citron Road, asked if all of the items mentioned in the staff report are going out together?

 

            Mayor Pro Tem Carroll stated that they would talk about this after comment.

 

            Stephen Blagden stated that the Architect, City Manager and your Fire Chief have all recommended Hacienda/West, what is the point of going further? He stated that the survey cannot go out as it is. The comparisons of the three sites just do not tell enough. The recommendation of the current site has a lot of questionable facts. The one for Hacienda/West lays out the facts. The one for The Park is mixed and needs work.

 

            Judy Hathaway Francis, Chota Road, stated that the people on the East Side want to see some movement that will make their response time better. She objected to the size of the station when we cannot handle the service on either side of the City. Whatever we do, it has to be taken care of and the present dormitory was not well taken care of. The people getting the survey do not have enough information and they are liable to act emotionally and try to push you into something that is not appropriate.

 

            Mayor Bergman brought the meeting back to the Council.

 

            The Council discussed the pros and cons of sending out the survey and discussed whether the figures were correct or not.

 

            Mayor Bergman reopened the Public Comment.

 

            Venetta Ramm stated that the document as a whole is confusing to her. The Council cannot agree that the whole information is fact and sign off that it is so.

 

            Stephen Blagden, suggested that they leave out the names of the arguments because it could influence some people.

 

            Kathy Sauble, stated that in her opinion the residents just want a decision to be made and get this over with. The survey is of no use as it is non-binding.

 

            Council Member Baroldi stated that when the information is brought back about an East Side station, it should be placed on the Agenda before any discussion about where to put the Fire Station. He asked that the site location be brought back at the next meeting.

 

            Mayor Pro Tem Carroll moved to send out the draft survey material as provided. The motion was seconded by Council Member Vipperman. The motion failed as follows:

 

            AYES: Carroll and Vipperman

            NOES: Baroldi, Bergman and Millsap

            ABSENT: None

 

            3:41:01

 

17.           EMERGENCY CONDITIONS – AHUACATE SLOPE FAILURE REPAIR

 

RECOMMENDATION:                    That council find that an emergency exists based on the information provided by Staff and direct the City Manager to retain a qualified contractor to make the necessary repairs to Ahuacate utilizing Public Contracts Code Section 22050 in the FEMA amount of $454,500 and adopt Resolution 20078-19.

 

            City Manager Bates explained that Item 17 is about an emergency situation for the repair of an Ahuacate slope.

 

            Bruce Barrette, Public Works Manager, stated that since we first brought this before you, we have had circumstances that require you to vote on this again. At the time of the first Council vote, Staff and FEMA looked at the situation and decided $180,000 would fix the problem. When we put it out to bid, it came back at $454,000, which could not be handled by the amount approved. We explained the problem to FEMA and after about four months, they gave us the additional funding needed. He noted that this is recognized as an emergency because rain and traffic vibration continues to make the situation worse. We need this “finding” in order to be sure we get a contractor experienced in repairing steep hillsides and working on narrow roads. It does require a 4/5 vote and approval of Resolution 2007-19.

 

            Council Member Baroldi voted that an emergency exists and to direct City Manager to proceed to retain a contractor without the bid process to repair Ahuacate with the money from FEMA and approve Resolution 2007-19. The motion was seconded by Council Member Vipperman.

 

            Mayor Bergman confirmed with Bruce Barrette that the company that gave the bid of $454,500 will honor that amount.

 

            Bruce Barrette noted that there are a few sites that need work to keep them from becoming as big a problem and cost as Ahuacate.

 

            City Attorney Paspalis stated that on the first page of the Resolution there are 3 places that say September 9, 2007, which will be changed to September 13, 2007.

 

            Council Member Baroldi stated that he includes that in the motion.

 

            Council Member Millsap noted that the past Engineer had a way of fixing the slope that cost about twice as much as this amount. Is this fix going to hold up?

 

            Mr. Barrette stated that he had hired a separate third Engineer to look into this.

 

            The motion was approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            Mayor Pro Tem Carroll requested, as the second Council member, that the conceptual designs Item for the Fire Station be brought back at the October Meeting.

 

18.           CONSIDERATION OF FEMA LOCAL HAZARD MITIGATION PLAN (LHMP)

 

            City Manager Bates stated that the Hazard Mitigation Plan was started about two years ago by a consultant and got tied up with paper work with FEMA and the project stalled. City Planner Feeler spent about two weekends refining the Plan under the direction of FEMA to get it in condition to be approved by FEMA. He thanked her for her great work.

 

            City Planner Feeler explained that in 2004 Council approved the consultant prepared LHMP document which was sent to FEMA and it was not approved. FEMA stated now that they will approve the revised Plan that has been submitted as soon as they get proof that Council has approved and adopted the new Resolution. Ms. Feeler stated that she had used the Safety Element of the General Plan. Once the Council has approved the Plan and it is in effect, the City will qualify for funding from FEMA if a natural disaster occurs.

 

            The City Attorney and the City Planner advised the Council to use the word “Natural” in the motion rather than the word “Local”.

 

            Council Member Baroldi moved to approve the City of La Habra Heights Natural Hazard Mitigation Plan and adopt Resolution 2007-21. The motion was seconded by Mayor Pro Tem Carroll

 

            Council Member Vipperman stated that there were several items removed from the matrix at the end.

 

            City Planner Feeler explained that she tried to change as little as possible. There were some changes in names for recognition and some people are no longer with the City, so we had to change those. We didn’t change anything that FEMA did not identify.

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

PUBLIC HEARING

 

19.           MUNICIPAL CODE AMENDMENT 2007-01 AND INTENTION TO ADOPT A CATEGORICAL EXEMPTION

 

City Planner Feeler stated that this is a Municipal Code Amendment that we brought to you last month. You had made several recommendations that things needed to be pulled off of the original amendment. Amendment 2007-01 covers the items that you did approve last month and she asked that Council approve the amendment.

 

Mayor Bergman opened the meeting for public comment.

 

Stephen Blagden, Citron Road, stated that earlier in the meeting it was noted that the Planning Commission at their last meeting essentially repealed the time limit on appeals. You might want to consider this before you approve this Resolution and consider if you want appeals to have no time limit. Is it consistent with Section 8.6? He stated that he thought the appeal should be broadened.

 

Mayor Bergman brought the meeting back to the Council. He asked that the City Attorney and City Planner comment on Stephen Blagden’s comments on Section 8.6.

 

City Attorney Paspalis stated that there is nothing said about a time limit in the Code at 7.2.20.H. The time frame is in 8.6 which identifies the appeals process and that doesn’t make it inconsistent.

 

City Planner Feeler stated that the time limit is found at 8.6.20. It does set 11 business days for the appeal.

 

Council Member Millsap asked if we need to be more specific.

 

City Attorney Paspalis stated that the process is identified so she did not see any reason to change this.

 

Mayor Pro Tem Carroll moved to approve Municipal Code 2007-01 and adopt a Categorical Exemption. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

20.                    MUNICIPAL CODE AMENDMENT 2007-02 AND INTENTION TO ADOPT A CATEGORICAL EXEMPTION

 

RECOMMENDATION:                    That the City Council open the Public Hearing, take public testimony and give first reading to Municipal Code Ordinance 2007-02 and adopt a Categorical Exemption.

 

City Planner Feeler reported that on August 9, 2007 the Council pulled several items off of Municipal Code Amendment 2007-01 and asked Staff to meet with Mayor Bergman and Councilmember Baroldi to discuss the other proposed changes. The packet has our recommendations.

 

Mayor Bergman opened the meeting for public comment.

 

Stephen Blagden, Citron Road, stated that Section 1 conflicts with how far a barn must be from a habitable structure. On Section 2 he stated that a person shouldn’t have to get a CUP for a small fuel tank for generators. You should include the requirements you want for a fuel tank. For Section 4, “Fire Suppression Measures”, he stated that draft hydrants should be required for all new swimming pools if they can be put in. It would also help them to dispose of their pool water. Mr. Blagden stated that there seems to be conflicting information of vinyl windows. Section 5, spoke about the change of maximum height to read 34 feet/24 feet. He stated that this was to help one applicant and should not happen.

 

CDD Powers stated that this was not caused by an applicant request, it was because of an internal inconsistency of information.

 

Mr. Blagden stated that he thought 24 feet was too high for an Accessory Structure.

 

George Edwardz stated that in his opinion they should not prohibit “vinyl widows” but require that windows have to be “fire resistant”. He stated that storage tanks for a generator should be limited to what can be stored safely, not completely prohibited.

 

Faith Grimm stated that most places allow propane tanks and they are safe. She suggested that the prohibition be taken out.

 

Mayor Pro Tem Carroll suggested that they continue this item and that when Staff makes a change they somehow show what was changed, whether it has been taken out or added.

 

Mayor Pro Tem Carroll moved to continue Item 20. The motion was seconded by Council Member Vipperman.

 

Council Member Vipperman stated that he believes a draft hydrant should be installed on all new swimming pools, so he would strike the sentence that reads “where the LHH Fire Department determines that water pressure is insufficient to meet fire flow demands”.

 

Council Member Millsap stated that it was discussed and we decided that there are some cases where a draft hydrant could not be used and in that case it would just put an extra burden on the owner.

 

Mayor Bergman stated that the Code states that you can have a larger propane tank or diesel storage tank for running a generator with a CUP.

 

City Planner Feeler stated there was no change from the old Code on that.

 

Council Member Baroldi stated that the Planning Commission wanted to eliminate the opportunity of using a CUP and we wanted to bring this back for an opportunity to follow the former Code.

 

The Council discussed the barn being 10 feet from a house and the vinyl windows brought up in public comment.

 

Mayor Pro Tem Carroll noted that when changes are made to a Municipal Code, it would be helpful to know what brought it about.

 

CDD Powers explained that on a lot of these changes they have had five or six changes and that makes it difficult to note why it was changed.

 

The Council discussed whether windows with any vinyl can be used.

 

City Planner Feeler stated that if anyone is changing out their windows, they need to come to the Planning Department and find out what they can use.

 

The motion from Mayor Pro Tem Carroll was approved as follows:

 

AYES: Bergman, Carroll, Millsap and Vipperman

NOES: Baroldi

ABSENT: None

 

Mayor Bergman asked Staff to bring the changes back with clarification where there is a lot of narrative so we know the reason for the change.

 

NEW BUSINESS

 

21.           LA HABRA HEIGHTS EMPLOYEE BENEFIT PLAN

 

RECOMMENDATION:                    That Council approve the attached Resolution, read title only, and waive further reading, implementing the La Habra Heights Flexible Benefits Plan.

 

City Manager Bates stated that when approving the budget, Council directed Staff to look at the Employee Benefit Plan to see if we could design a plan that would work better for all of the employees. The Flexible Benefits Plan strengthens the benefit for a second dependent for both medical and dental care. He stated that to offset the improved plan, it is recommended to reduce the benefit an employee could get for satisfactory performance from 4% to 2%.

 

Finance Director Freddie Vernon Vega stated that this would help the employees with a family and those without could put something away for deferred compensation, up to half of their unused benefits. He stated that he looked carefully into the choices to consider how much the cost would be for the City.

 

Mayor Pro Tem Carroll asked for the definition of the word “dependent”.

 

Mr. Vega stated that it would be anything allowed under California law, including spouse, domestic partnerships or child.

 

Mayor Pro Tem Carroll stated that he would like to see some “sunset” forcing the Council to come back, possibly in close to three years, to review this.

 

Mayor Bergman stated that he would like to see that Council would review this Resolution every year and that these costs must be included in any compensation increases.

 

Mayor Pro Tem Carroll agreed with what Mayor Berman said and asked that the “sunset in three years” be added.

 

Mayor Pro Tem Carroll moved to have Council review the Resolution 2007-20 every year and must be included in any compensation increases, with a three-year sunset. The motion was seconded by Mayor Bergman and approved as follows:

 

Finance Director Vega noted that in the Resolution, Section 7, second sentence, after the amount of $260 add “per year”. If an employee does not like this, they can choose a different plan.

The motion was approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

CITY COUNCIL COMMENTS

 

           Mayor Pro Tem Carroll noted that at the SCAG meeting they sent an e-mail saying that the RHNA numbers they had have been accepted by the State.

 

CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA

 

            There were not further public comments.

 

ADJOURNMENT

           

            Mayor Berman adjourned the September 13, 2007 City Council Meeting at 1:16 a.m. on September 14, 2007.

 

ATTEST:

 

 

_________________________________

RONALD BATES, CITY CLERK