CITY OF LA HABRA HEIGHTS

 

REGULAR CITY COUNCIL MEETING MINUTES

 

JANUARY 10, 2008

 

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Bergman called the Regular City Council Meeting to order at 7:35 p.m. on January 10, 2008 at the La Habra Heights Fire Department Training Room, 1245 Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

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

 

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

 

3.              FLAG SALUTE

 

Mayor Pro Tem Carroll led the flag salute.

 

4.         PRESENTATIONS

 

·      Public Works Committee, Chairperson Jerry Shipman

 

Chairperson Jerry Shipman noted that the streets came through the rain in good shape. The rain did delay the work on Ahuacate. He stated that the City Council needs to approve Item 14 so they get the funding for it from FEMA. Mr. Shipman stated that they are working to develop the actual estimate to put in the budget for the Las Palomas work. We need funding for a study on what it will take. It is not going to be cheap.

 

·      Emergency Preparedness Committee, Chairperson Kathy Sauble

 

Chairperson Sauble stated that there is a 3-week CERT training course coming up on February 2nd, 9th, and 16^th from 8:30 a.m. to 4:00 p.m. at Adventure Park, 10130 South Gunn in Whittier. Register at (323)-0526-5015. Ms. Sauble stated that the Emergency Preparedness Committee has been working on Shelter Operations for the Community. We will be working on this for the next several months. Ms. Sauble also stated that they are concerned about Red Flag Warning Days and how the Community could be notified on those days that it is dangerous to park on our narrow and curving roads so as to not impede emergency vehicles. We copied LA County’s Ordinances to give some ideas.

 

·      Judy Hathaway-Francis, Neighborhood Watch

 

Judy Hathaway-Francis gave some information of what led up to the Neighborhood Watch. She stated that over 30 residents formed La Habra Heights Fire Watch Incorporated. It is a non-profit Corporation of volunteers dedicated to local and personal resident safety. It plans to work with the statewide Fire Safe Council and follow their fire prevention recommendations and education training techniques. Our canyons and hillsides are a constant danger. The Fire Watch group provides extra eyes and ears to assist our dedicated Fire Department. We are looking for effective, protective measures for street areas to form a Neighborhood Watch, to prevent fire, theft, burglary, or physical attack. She noted the difficulty of the fire department to get past cars parked on our streets and the weed abatement problem in our City. Ms. Hathaway-Francis noted that they have met with Sheriff representatives who have reviewed the Neighborhood Watch goals with us. Mr. Layman, LASD, will guide us. Our streets are long and we cannot see what is happening from one end to the other. We can form small groups that surround our homes. We will have meetings to acquaint anyone interested with what we can do to safeguard ourselves and our homes. Ms. Hathaway-Francis noted some have already been of benefit to the City by noting dangerous situations. The Neighborhood Watch is a very worthwhile project to work on.

 

Council Member Millsap asked if the Sheriff will be guiding the Fire Watch group, as you stated they would also be working on the Neighborhood Watch and she asked who oversees the Fire Watch.

 

Ms. Hathaway-Francis stated that the Sheriff will be working on the Neighborhood Watch, but some of the individuals with the Fire Watch will also volunteer to be in the Neighborhood Watch and stated that Fire Watch is working with the Fire Safe Council which has groups all over the State of California.

 

·      Mike Murray, Verizon Fiber Optic FIOS Project

 

Mayor Bergman stated that this presentation has been continued to the next Meeting.

 

Mayor Pro Tem Carroll noted that he had questions for Verizon because his service has been out for about six days and they told him they could not get to it until about the fourteenth.

 

PUBLIC COMMENT ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA

 

            Bud Cummings spoke about the Disaster Communications Service (DCS). He related some of the history of the use of Amateur Radio communications in emergency conditions and related how they were used recently when regular communications were disrupted and not available during the fires in Avalon. Fire Chief Freeman directed one of his Captains to add the installation of Amateur Radios at the main command stations. Chief Freeman added that this was a priority of his because of their proven importance during the fires. Mr. Cummings listed other times during 2007 that the Amateur Radio Service (DCS) proved essential. The City has a resource that would be available to them. DCS has saved the County many dollars with their services. He stated that at present, the only City amateur radios are in the EOC trailer. Since this was procured with CLEEP funds, it is under the control of the Sheriff and could be deployed anywhere in the County. He stated that in his opinion the City should consider re-establishing such a radio center in this area.

 

            Stephen Blagden stated his opinion that there was a lack of due diligence in selecting the East Side fire station location. Neither the City Manager nor Fire Chief were asked where they thought the best location was for the East Side station. The Vista Road site for a shed was the farthest east site chosen in 1998. Maybe one nearer the center of the East Side would have been better. He provided a DVD showing the original sites that were chosen and a spreadsheet showing the number of calls and their types and times that come from the East Side and costs that will be needed.

 

            Karen Vipperman, stated that there is a bay at the chosen East Side site and all that is needed is living quarters. The Christian Church is very excited to have a station at that location. She stated that she would like to see a Station there. Ms. Vipperman noted that there will be an Avocado Festival/Safety Fair scheduled for May 17, 2008.

 

ADMINISTRATIVE REPORTS

 

5.              CITY MANAGER’S REPORT

 

Interim City Manager Clark reported that on January 26, 2008 the City will have a Waste Management sponsored pickup at The Park from 8:00 a.m. to 12:00 p.m. It will cover green waste, e-waste and large items. No hazardous waste. On February 5, 2008 there is an election. Go on line to “lavote.net” to find the proper place to vote. It will not be in the Multipurpose Room at City Hall. Ms. Clark stated that on our next Agenda we will have our Mid-year Budget Review and the City Manager’s goals and objectives. On March 25^th we will have a Red Cross Blood Drive. She stated that you can still take advantage of the Paramedic Membership Drive. The cost will carry you through December 31, 2008.

 

6.         CITY ATTORNEY’S REPORT

 

City Attorney Levin had no report.

 

7.              COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

 

Community Development Director (CDD) Powers noted that they are going to have the Municipal Code Update Committee Meeting with Architects, Engineers and the Public on Monday, January 21^st from 4:00 P.M. to 6:00 p.m. in the Fire Department Training Room.

 

City Council Member Millsap commented that she thought there were more foreclosures in our City than are listed.

 

CDD Powers stated that we will use sites that have information that is more updated than the one Barbara is currently using.

 

City Council Member Millsap stated that the Municipal Code has information on when there is no parking on certain roads whether it is a red flag day or not.

 

8.              FIRE CHIEF’S REPORT

 

Fire Chief Nielsen stated that he is correcting the date of the Fire Academy Graduation. The correct date is February 2, 2008. Fire Chief Nielsen stated that the Paramedic Subscription Program has 315 members. Chief Nielsen stated that there has to be signs in the City noting that there is no parking on streets during red flag warning days and we are investigating how to alert people of a red flag warning day.

 

City Council Member Baroldi asked how many mutual aid calls have been responded to and how many have responded to us since the Mutual Aid Agreement.

 

Fire Chief Nielsen answered that as of December 31^st, we have responded to 39 calls requesting aid from LA County and zero for them being called into our City.

 

Council Member Baroldi asked for an update for an annual drill for Emergency Preparedness.

 

Chief Nielsen stated that he is still in the process of putting it together. He wants to include the “ham” radios in the drill. The date is not determined.

 

Council Member Millsap asked if we are still drilling with LA County. We previously did that in November.

 

Chief Nielsen explained that the Fire Department drills with LA County Fire every month. He stated that this year the LA County Drill was a tsunami and that did not seem appropriate for our area. We told them what resources we could provide to the Bay Cities that could be affected.

 

Kathy Sauble, Chairperson of the Emergency Preparedness Committee stated that she would like to see the Table Top Drills brought back. We need to include Staff, Council and residents to make it realistic. This is why we are working on a shelter now.

 

Sheriff Lieutenant Mark Weldon commented that their Department had a week long exercise with the military in July of 2007. The fires last year caused on the job training.

 

Fire Chief Nielsen stated that they are also having combined Fire Department drills.

 

9.              SHERIFF’S DEPARTMENT REPORT

 

Council Member Baroldi noted that Hazardous Citations were down this year from last year. Does this mean people are driving better?

 

Lieutenant Weldon stated that at the same time we had a 41% decrease in traffic accidents in the City. We write citations to slow people down. The traffic index is still four times the National target, and that is good.

 

CONSENT CALENDAR

 

            It is recommended that Items 10 through 17 be acted upon simultaneously by motion of the City Council unless separate discussion and/or action on an item are requested by a Council Member or a member of the public.

 

10.           APPROVAL OF WARRANTS REGISTER FOR DECEMBER 2007

 

RECOMMENDATION:                    Approve

 

11.           MONTHLY TREASURER’S REPORT FOR NOVEMBER 2007

 

RECOMMENDATION:                    Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

            RECOMMENDATION:                    Receive and file

 

13.           CITY COUNCIL MINUTES         Regular Meeting of December 13, 2007

                                                                        Special Meeting of December 27, 2007

           

            RECOMMENDATION:                    Approve

 

14.           AHUACATE SLOPE FAILURE REPAIR

 

RECOMMENDATION:                    That Council certify by a four fifths vote that the work on the Ahuacate project needs to continue.  

 

15.           AMERICA SUPPORTING AMERICANS (ASA): ADOPT-A-UNIT PROGRAM

 

RECOMMENDATION:                    That Council approve the agreement with ASA, and direct City Manager to recommend a responsible party or committee to coordinate this effort and maintain interest. A resolution naming the assigned military unit will be provided at the February 14, 2008 Council Meeting.

 

16.           ORDINANCE 2007-04 – AN ORDINANCE OF THE LA HABRA HEIGHTS CREATING SECTION 2.6.20.A.4 AND AMENDING SECTIONS 2.8.50 THROUGH 2.8.70 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING THE CITY PURCHASING POLICY

 

RECOMMENDATION:                    That Council waive further reading and adopt Ordinance 2007-04

 

17.           RESOLUTION 2008-01 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE AMENDED JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS

 

RECOMMENDATION:                    That Council approve Resolution 2008-01 approving the amended Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments.

 

            Council Member Millsap commented that on the warrants there was listed $3500 for a Temp and that seems high. She also noted that on page 8 of the Treasurer’s Report she was of the opinion that the amount remaining in the budget for District #2 Street Maintenance should not be minus 303.

 

            City Attorney Levin noted that Item 16 is a second reading of an Ordinance and for the adoption of the Ordinance she read the following title: “Ordinance No. 2007-04. An Ordinance of the La Habra Heights creating section 2.6.20.A.4 and amending sections 2.8.50 through 2.9.70 of the La Habra Heights Municipal Code regarding the City Purchasing Policy.”

 

            Mayor Pro Tem Carroll moved approval of the Consent Calendar, Items 10 through 17. The motion was seconded by Council Member Vipperman and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

NEW BUSINESS

 

            Mayor Bergman stated that he has a request to move Items 21 and 22 forward.

 

21.           RIVERS AND MOUNTAINS CONSERVANCY GRANT

 

RECOMMENDATION:                    (a) That Council find the failure to file for the Rivers and Mountains Conservancy Grant a serious matter and that the Interim City Manager be directed to interview all employees involved and hold the responsible parties accountable.

 

                                                            (b) That the Park Master Plan Committee continue to meet, and that the Interim City Manager identify a source of funding, and assign a staff member to provide committee support and compliance with the Brown Act.

 

                                                            (c) That the Interim City Manager monitor funding opportunities through RMC and follow through with future applications.

 

Interim City Manager Clark reported that staff missed the deadline on this grant. That. means the amount of grant money is not available for the Park Master Plan process. It also raised the issue of why this happened. She stated that she proposed to the Council the three above motions.

 

Mayor Bergman opened the meeting for Public Comment on this Item.

 

Faith Grimm stated that she was the Chairperson for the Park Master Plan Committee. We have 22 members from all areas of the Community and worked very hard to do what we needed to do. The Committee felt badly that their hard work was not as important to everyone else. This was inexcusable. If the Committee knew there was a problem the Committee members would have helped in any way needed. Ms. Grimm listed what they would have to do as a Committee to develop Tier One for the Master Plan and she asked that the Council support them to accomplish this by October of 2008.

 

Stephen Blagden, Citron Road, stated that rather than blame Staff for this situation, his opinion is that incomplete and unclear directions were not given to all involved and the Council failed to follow through on it. He stated that the Council did not choose the Chair and Vice Chair nor provide the General Plan for them to guide them. Without the efforts of CDD Powers there would have been no Master Plan Committee.

 

Faith Grimm stated that they have not violated the Brown Act and have followed the General Plan and directions given. She felt Mr. Blagden thought the Committee had done badly.

 

Mayor Bergman brought the meeting back to the Council for their comments.

 

Council Member Baroldi asked what was meant on Recommendation (b) by “Identify a source of funding and assign a staff member”.

 

Interim City Manager Clark stated that she meant to fund the money for a staff member to attend the Committee meetings. She stated that her understanding was that the funding for the staff attendance was to come from the Grant.

 

Council Member Millsap stated that she did not get that understanding and she also did not think Stephen Blagden meant anything against the Committee, but more at the Council.

 

Interim City Manager Clark clarified that the most they could have received from the RMC grant was $285,000, but there were more applications filed than there were grants given. We were not assured to get that grant.

 

Mayor Pro Tem Carroll moved to adopt the recommendation of Item 21, a, b, and c. The motion was seconded by Council Member Baroldi and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

22.           DISCUSSION REGARDING MUNICIPAL CODE SECTION 2.9.20

 

“No person, organization, association or corporation shall provide or conduct fire fighting rescue, and/or paramedic operations within the city limits of the City of La Habra Heights except the La Habra Heights City Fire Department, fire-fighting personnel from other local, state and federal agencies and such other individuals and organizations as are formally authorized by the City Council.”

 

City Attorney Levin stated that this Item was placed on the Agenda by a request of a City Council member to consider and discuss the Fire Department Municipal Code as stated above. She stated that the Council has the options of leaving the Ordinance as is, amending the Ordinance, providing clarification either by policy or resolution or by giving authorization to others to act.

 

Council Member Vipperman asked if there should be a comma between “fire-fighting” and “rescue”.

 

City Attorney Levin stated that there should be a comma.

 

Mayor Bergman opened the meeting for Public Comment on this Item.

 

Stephen Blagden, Citron Road, stated that he had broken this Ordinance and in his opinion people should be able to help themselves, neighbors or victims they come upon. He stated that it could be fixed by adding two words, even though we don’t need freelance competing Fire Departments. He explained that after “shall”you can add, “establish to”.

 

Faith Grimm suggested that they strike the whole section. She stated that we need to be self sufficient and our citizens should be encouraged to have equipment and be prepared. This Code is actually dangerous as we would not be able to help in any situation.

 

Kathy Sauble stated that she would like to see the Ordinance clarified so people can apply the “Good Samaritan Act” and use any training or supplies (such as CERT training or a fire extinguisher). It doesn’t mean we should be responding to calls for the Fire Department. The Ordinance is a little unclear as to what a resident can do.

 

Bud Cummings, Canonita Drive, stated that in his opinion this Ordinance seems to penalize neighbor helping neighbor. This City purports volunteerism and this Ordinance needs drastic revision or total revocation.

 

Karen Vipperman, stated that she is a CPR, First Aid, AED, Oxygen Administration trainer for the Red Cross. Everyone should be CPR and First Aid trained. She thought this Ordinance should not have been written at all. We need to help each other. She stated she would like to see the Ordinance stricken.

 

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

 

Council Member Baroldi noted that this Ordinance was added in 2006 and asked why it was added at that time.

 

City Attorney Levin stated that it was just carried forward without any changes and had been there for years.

 

Council Member Baroldi noted that he would like to see a revision.

 

Mayor Pro Tem Carroll stated his concern about possible liability to the City. He asked Attorney Levin to draft an Ordinance to accommodate some of the concerns expressed tonight. Talk to the Fire Chief and bring back a revision to the next meeting.

 

City Attorney Levin stated that she understood the direction to be that she should make new language that would not prohibit the “Good Samaritan Acts” or neighbor helping neighbor. You are not intending to establish multiple Fire Departments in the City, but to allow individuals to act as Good Neighbors to each other and do this in a way that is consistent with the Fire Department and Mutual Aid we have with other Departments and also protecting the liability of the City.

 

Karen Vipperman mentioned a “Volunteer Act” adopted in, possibly 1996, that did protect volunteers to act within their scope of training without liability.

 

Attorney Levin stated that she would bring back a revision for the Council to act on next month.

 

Council Member Millsap stated that she would like to have information brought back on liability to both the City and to individuals if they damage something while they are helping a neighbor and also make it clear that they are not to compete with the Fire Department and go across the City to respond to a fire call.

 

Attorney Levin stated that she would always look at possible liability to the City, but she does not advise risk to individuals. She also mentioned that private acts of individuals do not provide liability to the City.

 

Council Member Vipperman spoke in favor of individuals helping neighbors whenever they can.

 

18.           STREET RIGHT-OF-WAY VACATION – VACATION OF A PORTION OF SKYLINE DRIVE

 

            RECOMMENDATION:                    That Council (a) approve vacating right-of-way and direct staff to prepare all necessary documents to vacate the right-of-way and return the documents to the next council meeting for approval; or

 

                                                (b) deny the request to vacate the right-of-way. Staff recommends the City Council take action as it deems appropriate.

 

            Mayor Bergman stated that Item 18 will be continued with the Habitat Authority as they are involved. We will have Public Comment on the Item.

 

            Stephen Blagden, Citron Road, had questioned if the Item was ready to be heard and everyone notified including in the newspaper. This area had been identified as a possible trailhead. This could not be if this item goes ahead. He noted that the Water District has not co-operated with the City, not providing keys to the upper tanks that would be critical for fire protection. In his opinion the land should not be vacated, but should be handled with an easement or occupancy permit.

 

            Mayor Bergman brought the meeting back to the Council.

 

            Mayor Pro Tem Carroll moved to continue Item 18 to the February 14 Regular Council meeting. The motion was seconded by Council Member Vipperman and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

19.           ENABLE TEMPORARY SALARY ADJUSTMENT FOR EMPLOYEES WORKING IN A HIGHER CLASS FOR MORE THAN 30 DAYS

 

            RECOMMENDATION:                    That the Council adopt an amendment to the personnel rules stating that after the first 30 days, an employee who is assigned by the City Manager to assume the workload of a higher paid position shall receive additional salary of 10% above their current pay rate up to a maximum of the bottom step of the higher classification.

 

            Interim City Manager Clark stated that the City has job classifications, but they need a small change. We need a provision when we ask an employee to work in a higher classification for a temporary period of time. When they do that for more than 30 days we need to compensate them with an additional salary of 10% unless that would take them over the bottom step of the salary range of the higher position being assumed. Ms. Clark requested that after 30 days the employee get the 10% in addition to their usual pay as long as they continue working at the higher classification. She stated that this was a policy decision that she thought was fair. This would usually happen when there is a vacancy which has created salary savings. Ms. Clark stated that they have hired some temps to support the work load that is needed.

 

            The Council discussed the salary raise happening after 30 days in a higher level of service.

 

            Interim City Manager Clark commented that the job taken over has to be very specific duties. It can’t just be extra work. She noted the example of HR Manager as a very tremendous responsibility.

 

            Mayor Pro Tem Carroll moved to adopt the amendment to the personnel rules after 30 days. The motion was seconded by Council Member Baroldi and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

20.       INCREASE SALARY RANGE FOR SENIOR ADMINISTRATIVE SECRETARY BY 5%

 

RECOMMENDATION:                    That the salary range for the position of Senior Administrative Secretary be adjusted to $2,456 to $3,624 per month.

 

Interim City Manager Clark noted that Item 20 is a request to take the lowest job bracket in the City and to give it an across the board 5% increase. She stated that she thinks this would be fair according to what the job entails. She stated that this would affect two employees.

 

Council Member Baroldi moved to approve the recommendation to raise the classification 5%. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

CITY COUNCIL COMMENTS

 

            Mayor Pro Tem Carroll stated that Highland Riders are having a fund raiser breakfast in early February, date to be decided.

 

            Mayor Pro Tem Carroll stated that he was going to withdraw from the Budget Sub Committee and allow someone else on the Council to take his place.

 

            City Attorney Levin stated that there was a need to add something to the Agenda that arose after it was posted. She stated that this is a Closed Session for a conference with Legal Council on Anticipated Litigation, significant exposure to litigation pursuant to Government Code section 54956.9(b) based on an oral threat, a record of which was made. Because this is a Closed Session and there is a need to have a two-thirds vote as to whether or not to add this to the Agenda. Recommendation is that we do this in two parts. The first part would be that the Council convenes to Closed Session solely for the purpose of determining whether a Closed Session is appropriate. The second part will be to hold the Closed Session if you determine that a Closed Session is appropriate.

 

            Council Member Baroldi moved to go to Closed Session to determine, on the words of the City Attorney and City Manager, whether a Closed Session is appropriate to be added to the Agenda by a two-thirds vote. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            Mayor Bergman adjourned the City Council Meeting to Closed Session at 9:09 p.m.

 

CLOSED SESSION

 

            Convened to Closed Session to determine whether a Closed Session will be added to the Agenda.

 

The Council returned at 9:18 p.m.

 

Mayor Bergman noted that the decision was to return to Closed Session.

 

            City Attorney Levin stated that the decision has been made that they will return to Closed Session to discuss an Item that arose after the posting of the Agenda that requires urgent action and attention.

 

            The meeting adjourned to the second Closed Session at 9:19 p.m.

 

CLOSED SESSION

 

CONFERENCE WITH LEGAL COUNCIL

G.C. 54956.9(b)

 

            Anticipated Litigation

     Oral threat

 

            The Council returned at 10:17 p.m.

 

            Mayor Bergman stated that they have just returned from Closed Session and asked the City Attorney Levin if there was anything to report.

 

            City Attorney Levin that no reportable action was taken this evening.

 

ADJOURNMENT

           

            Mayor Bergman adjourned the January 10, 2008 City Council meeting at 10:18 p.m. to the next meeting.

 

ATTEST:

 

 

            ________________________________________

            SHAUNA CLARK, INTERIM CITY CLERK