Special CC East & Skyline Prop and Regular City Council Meeting Minutes March 13, 2008

CITY OF LA HABRA HEIGHTS

SPECIAL MEETING MINUTES OF CITY COUNCIL

MARCH 13, 2008

OPENING CEREMONIES

1. CALL MEETING TO ORDER

Mayor Bergman called the March 13, 2008 Special City Council Meeting to order at 6:04 p.m.

2. ROLL CALL

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

Also present: Interim City Manager Shauna Clark.

3. FLAG SALUTE

PUBLIC COMMENT

George Edwardz, Fullerton Road, asked if we don’t own property at East Road, Skyline and Fullerton Road, who does and at what Public Meeting was it decided to purchase that property.

Mayor Bergman stated that all they have at that site is a Highway Right-of-Way and one of the owners is the Habitat Authority.

Mayor Bergman adjourned to Closed Session at 6:06 p.m.

CLOSED SESSION

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR

G.C. § 54956.8

PROPERTY: CORNER OF EAST ROAD, SKYLINE, AND FULLERTON ROAD

AGENCY NEGOTIATOR: SHAUNA CLARK

NEGOTIATING PARTIES: SHAUNA CLARK

Under Negotiation: Price and Terms of Payment

ADJOURNMENT

CITY OF LA HABRA HEIGHTS

REGULAR CITY COUNCIL MEETING MINUTES

MARCH 13, 2008

CLOSED SESSION

· Existing Litigation

G.C. § 54956.9(a)

Case Name: City of La Habra Heights vs. Smith

Case #: VC 047381

· Anticipated Litigation: A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances there is a significant exposure to litigation against the City Council/Agency.

One Case: Facts and circumstances that might result in litigation but which the City/Agency believes are not yet known to potential plaintiff or plaintiffs. Number of Cases Unknown.

G.C. 54956.9b (3) (A)

· Initiation of Litigation (One Case):

G.C. 54956.9(c)

· Public Employee Performance Evaluation

G.C. § 54957

Title: City Manager

· Conference with Labor Negotiator

G.C. § 54957.6

City Negotiator: Sandra Levin, City Attorney

Unrepresented employee: Interim City Manager

OPENING CEREMONIES

1. CALL MEETING TO ORDER

Mayor Bergman called the March 13, 2008 Regular City Council Meeting to order at 7:34 p.m. He stated that they have just come from Closed Session and asked City Attorney Levin if there was anything to report from Closed Session.

City Attorney Sandra Levin stated that no reportable action was taken.

2. ROLL CALL

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

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

3. FLAG SALUTE

Layne Baroldi led the flag salute.

4. PRESENTATIONS

· Mike Murray, Verizon Fiber Optic FIOS Project

Mike Murray, Verizon’s Director of Government External Affairs, stated that in 2004 Verizon started a project called Fiber to the Premises (FTTP), which is an all fiber optic network being delivered in it’s territories in California. It is a bundled service providing voice, data and video on one medium, fiber. The fiber lines will be attached to the current copper lines. It will be ten times faster than the current DSL. This will drive competition within the video market. We will be a franchised competitor with the Cable Companies. He stated that Verizon is of the opinion that it will be able to handle any later technology that happens in the future. We have met with Public Works in this City and discussed the City’s requirements. If approved, we will start construction late this year or early next year. Residents will receive information within 48 hours when construction will be in their area.

Mayor Pro Tem Carroll asked if they provide Government Access, considering we broadcast each meeting.

Mr. Murray explained that based on the law, we will mirror what the Cable Company provides in the way of PEG channels.

Mayor Pro Tem Carroll stated that some residents were concerned with what the cost would be.

Mr. Murray stated that cost would be competitive with the Cable Company and he stated that there would be no cost for the construction. He also stated that fiber is more resilient than copper.

Council Member Millsap asked if they would put the fiber optics in the entire City.

Mr. Murray stated that they would do the entire City and then as a resident asks for the service, they will run the fiber to the house from the street.

Mayor Pro Tem Carroll stated that repair service from Verizon has been very slow and he hopes it will be better.

Council Member Millsap noted an occasion on her service that when they finally came out, it was not Verizon, but a contractor that was not familiar with our area.

Mr. Murray stated that their workmen will be both Verizon and contractors. He stated that he works closely with Bruce and if there is a problem call me right away. Fiber Optics are immune to dampness and weather, but not to creatures chewing on wires.

· Public Works Committee, Chairperson Jerry Shipman

Jerry Shipman, Chairman of the Public Works Committee, stated that Ahuacate has been completed and we are on schedule on maintenance for Zone 1. We have identified the areas that need something other than slurry or crack filling and specs are being written. We will begin the project when children are out of school and complete around the end of August. We are developing a potential list of CIP projects for this year and it will soon be available. After evaluation we have decided on how to fix Avocado Crest, that is the least expensive and we need to get it into next year’s budget. Mr. Shipman noted that they are also considering runoff and storm water in their 5-Year Plan.

Council Member Vipperman asked about the area on Hacienda Road, south of East Road, on the west side, where the little stream is getting awfully close to undercutting the road.

City Engineer, Majdi Ataya, stated that section of Hacienda is part of the FHWA Hacienda Project and is in preliminary Engineering. Actually there are two sections that are almost undermining Hacienda, one on the East side and one on the West side.

· Emergency Preparedness Committee, Chairperson Kathy Sauble

Kathy Sauble, Chairperson for the Emergency Preparedness Committee commented that there will be a Blood Drive at The Park on Tuesday, March 25^th from 9:30 a.m. to 3:30 p.m. They are giving a $10 gift certificate to Mimi’s Café to all participants and you can enter a regional drawing for a $500 spa package. You can make an appointment by going to www.giftlife.org and the sponsor code is CLHH or you can sign up at City Hall.

Ms. Sauble stated that the theme this month is Tsunami. You cannot surf these waves. An earthquake may be the only warning of a Tsunami. Be prepared for an emergency. You might purchase a weather radio that will keep you informed. Learn first-aid and teach family members how to turn off utilities. If an earthquake lasts for more than 20 seconds, head for high ground. Do not go to the coast to see the Tsunami. Obey evacuation orders. The waves can cause contamination of water. Join a CERT group. Ms. Sauble stated that we have two new CERT members, Lindsey Watson and Yvonne Strain. Ms. Sauble stated that the Emergency Preparedness Committee has been working with a Fire Watch Group and Fire Safe Council about Red Flag Warning issues. Suggestions have been to limit the use of outdoor equipment; not to use metal blade brush cutting equipment or welding equipment; not to do off-roading in La Habra Heights; report suspicious happenings to the Fire Department or the Sheriff; have immediate access to fire extinguishers or water hoses; do not park on narrow winding roads as it interferes with the ability of the Fire Department to respond to any problems and it also affects people trying to evacuate; follow your weed abatement rules. Ms. Sauble showed a possible Red Flag Warning sign used by LA County that could be used to alert residents that there is a problem.

PUBLIC COMMENT

Sandy Dykier reported that there will be an Avocado Festival/Health Safety Fair on May 17, 2008. She stated that they will have 3 styles of T-Shirts which can be ordered at City Hall. She demonstrated one of the shirts and also noted the Easter Egg Hunt that will be at The Park this Saturday from 10:00 a.m. till noon. We will start setting up around 8:00 a.m. Bring a bag of candy and 16 plastic eggs.

Mayor Pro Tem Carroll stated that the Easter Bunny will be there and arrive in a Fire Engine along with the Fire Chief and his family.

George Edwardz suggested they get the Cable Company, Verizon and the residents to work together and underground the cable and fiber optic lines at the same time as the General Plan encourages. Mr. Edwardz suggested the City consider a Red Flag Ordinance with ten (10) points. When residents see the red flag they will think of those ten things they should or should not do. He mentioned that the financial investigation has been finished and since the Financial Director of the City is under consideration for possible criminal investigation we wonder how much money did he take from the City?

City Attorney Levin stated that they are not allowed to make comments on personnel matters. If there were issues such as were described, then at the conclusion of any personnel process there would be announcements. We have nothing to announce.

Roy Francis, speaking for the La Habra Heights Historical Committee, stated that they will sponsor an Essay Contest on “What I Like About Living in La Habra Heights”. The categories will be: Children in Elementary School, Middle School and Senior High School. It must be 250 words or less. Entries must be received in La Habra Heights City Office by the close of Monday, May 12, 2008. Do not sign your name; write your telephone number and your grade. In school, put your name and address at the bottom of the Essay. Winners will be announced at the Avocado Festival. Winner of Elementary School age gets $25, Middle School age gets $35 and High School age award is $50.

Karen Vipperman thanked the Council for their hard work. She noted that the East Side needs a Fire Station and noted that she likes the East Road/East Skyline/Fullerton Road site. She stated that progress has been made but she does not want to wait 2-4 years for the Station. She stated that she would like to see the City put up a trailer or module at the Christian Church as a temporary site as we wait for a permanent station. She stated that she approves the Red Flag Warning Program. The flag could be flown on those days at City Hall and notices be posted on signs at the entrances to the City. We can educate the residents through the Heights Life as to what to do on the Red Flag Days about cautions to be exercised then and in other emergencies (we are starting this process this month). She suggested that the 911 Communicator System be operational with a recording to the residents warning of Red Flag conditions and other emergencies. Fire Watch and the Fire Safe Council members as well as EPC offer our services to the City to order the flags and signs and hang them up on Red Flag Days. We realize the City is busy on many issues and we want to help and offer that service.

ADMINISTRATIVE REPORTS

5. CITY MANAGER’S REPORT

Interim City Manager Clark reported on the status of the Multi Purpose Room. We have finished most of the remediation work. We decided not to cover the existing tile on the floor and found a way that we can keep the tile from leaking any asbestos. We saved quite a bit of money with this decision that had been given to us for replacing the flooring and are using it to clean up the file area in the back and creating some storage rooms. This is being done by City employees and we are looking at putting mounted cameras in the Council Chambers for the Council Meetings so the cameras don’t have to be set up and taken down.

6. CITY ATTORNEY’S REPORT

City Attorney Levin stated that she had no report.

7. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

CDD Powers reported on the French Drain installed at The Park Announcer’s Booth. It was tested and found that it could use some improvement. We have improved one part of the problem with the gutters installed around the building.

8. CITY ENGINEER’S REPORT

City Engineer Majdi Ataya reported that they have the money from the FHWA for a project from an emergency that occurred in December 2005 after the rains. A geotechnical report was done that recommended something similar to what was done at Ahuacate. The report and preliminary costs were about $1.2 million dollars. We have received funding from FHWA and it was earmarked for the project. They pay 88% and the City pays a 12% match. He had been of the opinion that there must be a better and less expensive way to correct the problem. He stated that he proceeded to get his opinion confirmed and for approximately 50% less than the original report. We are now working on a design for this and there is a time limit on use of the money in September.

CDD Powers stated that the original report was done by the former Engineering Company working for the City and we felt that it was a more complicated problem than the Ahuacate problem and that it would cost even more than estimated.

City Engineer Ataya stated that they have made progress since he came to work for the City and we should get a new report by the middle of May.

9. FIRE CHIEF’S REPORT

Fire Chief Nielsen stated that he was contacted by The Volunteer Center of Los Angeles Assistance League of Southern California, asking for anyone in our community that had done an excellent job as a volunteer. He stated that the person he nominated, Kathy Sauble, has been chosen to receive the President’s Volunteer Service Award. It will be a big event at the Rose Bowl on April 27^th. He stated he will get more information.

10. SHERIFF’S DEPARTMENT REPORT

Council Member Baroldi asked how the recent sobriety check point worked out.

Lieutenant Weldon answered that it was very successful. Citations were written and hopefully will promote awareness. There will be some more in the near future.

CONSENT CALENDAR

It is recommended that Items 11 through 15 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 Vipperman commented on the Warrants that there was no check written to the Sheriff’s Department. He stated that he noticed that the last check written was for a deliberator and he was pleased to see that.

Fire Chief Nielsen stated that this was on a grant and they got reimbursed for the item.

11. APPROVAL OF WARRANTS REGISTER FOR FEBRUARY 2008

RECOMMENDATION: Approve

12. MONTHLY TREASURER’S REPORT FOR JANUARY 2008

RECOMMENDATION: Approve

13. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

RECOMMENDATION: Receive and file

14. CITY COUNCIL MINUTES

RECOMMENDATION: Approve

15. AMENDING CITY COUNCIL MINUTES OF SEPTEMBER 13, 2007

RECOMMENDATION: Approve

Council Member Baroldi moved to approve Consent Calendar Items 11 through 15. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

PUBLIC HEARING

16. ORDINANCE NO. 2008-01 – AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING SECTION 4.4.20 OF THE LA HABRA HEIGHTS MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 32 OF THE LOS ANGELES COUNTY CODE, AMENDING THE CALIFORNIA FIRE CODE, 2007 EDITION, INCLUDING APPENDICES EXCEPT FOR APPENDIX D AND MAKING LOCAL AMENDMENTS

RECOMMENDATION: A. Open the Public Hearing and take public testimony.

B. Waive further reading and adopt Municipal Code Ordinance 2008-01.

Fire Marshall Ken Hill stated that this is adoption by reference only to update the La Habra Heights Municipal Code with Ordinance 2008-01.

City Attorney Levin stated that this is a second reading with no substantial changes.

Mayor Pro Tem Carroll moved to adopt Ordinance No. 2008-01, an Ordinance of the City of La Habra Heights amending Section 4.4.20 of the La Habra Heights Municipal Code and adopting by reference Title 32 of the Los Angeles County Code and waive further reading. The motion was seconded by Council Member Vipperman and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

17. ANNUAL WEED ABATEMENT PROGRAM

RECOMMENDATION: A. Open the Public Hearing and hear property owner protests.

B. Authorize the Fire Department to initiate inspections, provide notification of violations, and proceed with abatement as necessary.

Fire Marshal Ken Hill stated that this is re-issuance of the weed abatement notice and we will be looking at weeds, rubbish and dirt upon and in front of properties.

Ann Eaton stated that she has a problem with the property behind her. She stated that since the Wildlife Preserve owns that property, they will not clean up to 200 feet from her property. It caused a problem for her when she tried to get insurance. The Wildlife Preserve would not cut down some bushes because they say they are important to the animals.

Karen Vipperman stated that she saw the weeds are very high in Powder Canyon, up to seven feet tall. The animals are important, but not more so than people. She stated that she would like to see an enforcement of bringing down the weeds.

Mayor Bergman stated that the Fire Marshal needs to look into this.

Fire Marshal Hill stated that the Fire Department will continue to work along with Interim City Manager Clark, the City Attorney and Council to resolve the problem.

Council Member Vipperman moved to authorize the Fire Department to initiate inspections, provide notification of violations, and proceed with abatement as necessary. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

OLD BUSINESS

18. CONSIDERATION OF AMENDMENT TO SECTION 2.9.20 OF THE MUNICIPAL CODE REGARDING AUTHORIZED FIREFIGHTING OPERATIONS WITHIN THE CITY (CONTINUED FROM 2/14/08)

RECOMMENDATION: Make any desired revisions and provide direction to staff to place the amendment on the agenda for first reading at the next meeting.

City Attorney Levin stated that this was brought back from Council Meeting 2/14/08 to consider modification of the existing Municipal Code section regarding unauthorized firefighting and paramedic activities. She stated that she has provided some proposed language. It is a policy issue up to the City Council.

Mayor Bergman opened for Public Comment.

George Edwardz, presented a power point presentation on how the Ordinance might not be legal. He noted that on October 26, 2006 he received a letter from the City after he provided assistance in trying to control a vehicle fire adjacent to his property, that the City does not need competition to fight fires or control the fire scene. Any attempt to provide or conduct fire fighting operations within the City Limits of La Habra Heights will be a violation of the Municipal Code and punishable as a misdemeanor. He mentioned a fire that took place on October 13, 2007. The La Habra Police asked for assistance. The officer was instructed that Mr. Edwardz was not qualified to put out car fires. The officer asked Mr. Edwardz to keep the car cool. Los Angeles County responded and extinguished the fire. La Habra Heights responded 15 minutes after the fire started, but failed to get all of the facts. They attempted unlawful prosecution but failed to note that the person in question is a Federal qualified FFT2 trained firefighter. Mr. Edwardz cited several California Health and Safety Codes that apply and part of the California Insurance Code mentions private Fire Departments and Vehicles. He stated that La Habra Heights is a General Law City which means they do not supercede State or Federal laws. No other Los Angeles or Orange County City prohibits the extinguishment of fires except La Habra Heights. Mr. Edwardz stated that Sierra Madre does not have such an Ordinance and their advisor is Sandra Levin. Mr. Edwardz suggested that they strike Section 2.9.20 of the Municipal Code, encourage neighbor helping neighbor, the usage of personal ownership and usage of fire suppression, First Aid and lifesaving AED equipment, support programs such as CERT, EPC, Red Cross, Amateur Radio, Highland Riders, Fire and Neighborhood Watch. Let’s concentrate on prevention. He stated that no one is trying to replace the Fire Department, just trying to preserve our way of life.

City Attorney Levin stated that there is nothing inconsistent between our City Code or the proposed changes with the State Law. This is a policy choice for the city. She explained that this does not prohibit Good Samaritan conduct until the authorized Department arrives on the scene.

Stephen Blagden, Citron Road, stated that the Code appears to make neighbors reacting to their own or another neighbor’s emergency guilty of a misdemeanor. Proposed option number 1 mentions not prohibiting conduct allowed under the Good Samaritan or State Volunteers Act, however both of those as I read them, only provide immunity from Civil damages, not misdemeanors. Option 2 seems to prohibit actions already prohibited under the Vehicle and Penal Codes, but does not address the original intent of the Code, which was to prohibit the establishment of a competing Fire Department. The Council’s alternatives do not address the “misdemeanor” issue and repeats existing Code while not addressing the “non-compete”. The Vehicle and Penal Codes prohibit interfering with the Emergency Personnel; they do not need to repeat with this. He suggested adding to proposed language of option 1; “establish to” after the word “shall” in the first line.

City Attorney Levin stated that it would change the meaning slightly. The issue from a lawyer’s perspective is that it is very difficult to prove what was in the mind of a person when they did something. It would be difficult to enforce.

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

Council Member Vipperman stated that in his opinion the two proposals do help to clarify that a person does not violate the Municipal Code if he assists his neighbor or someone passing through. He stated that he leans more to proposed option 1.

Council Member Vipperman moved to adopt proposed option 1. The motion was seconded by Mayor Pro Tem Carroll.

Council Member Baroldi commented that he does not know if it is legal to prohibit such Codes.

City Attorney Levin explained that if the conduct is expressly authorized by State Law, you can not prohibit it. If the conduct is not authorized, but there is immunity if it’s engaged in, you can prohibit it. If it is not prohibited, there is no Civil or Criminal penalty. She defined what a Good Samaritan is. There is a series of statutes that say what you can and can’t do. It needs to be within your scope of training and only until the arrival of the authorized personnel.

Mayor Bergman asked City Attorney Levin if she had a legal opinion of which option was best.

City Attorney Levin stated that she thought both were good and thought the discussion about it was most helpful.

Mayor Bergman reopened the Public Hearing.

Karen Vipperman stated her concern about what would happen if someone did not have any specific training and they just put pressure on someone’s injury to stop or slow bleeding until the paramedics show up.

City Attorney Levin explained that there is provision in the Good Samaritan Act to cover certain kinds of things as considered within the scope of everyone’s training.

Kathy Sauble stated that with the CERT team they do not self mobilize. We are under the control of the Fire Department or Sheriff’s Department.

Mayor Bergman closed the Public session. He stated that there is a motion and a second on the floor and called for a vote.

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

City Attorney Levin noted that this will come back for a first and second reading as an amendment to the Code.

19. CITY MANAGER GOALS AND OBJECTIVES (CONTINUED FROM 2/14/08)

RECOMMENDATION: Review and comment

Interim City Manager Clark stated that a presentation of the City Manager’s Goals and Objectives each year is required. She has developed her Goals and Objectives and will be working on these and will report back to the Council as progress is made.

Mayor Pro Tem Carroll moved to receive and file. 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

20. APPROVAL AND ADOPTION OF THE PARK FACILITY USER POLICIES

RECOMMENDATION: A. Approve the proposed Park Facility User Policies and instruct the City Clerk to prepare a resolution incorporating all fees for adoption at the next meeting.

B. Authorize the City Clerk to refund Highland Riders for their annual Pancake Breakfast held at the gym on March 1, 2008.

Grace Andres, Deputy City Clerk presented the Staff Report. She noted that during the past month several issues have come up at the gymnasium and park rentals and there were no policies to take care of them. We have researched policies in other cities and have created guidelines for our city. We ask the Council to approve a one time fee reimbursement for the Highland Riders as requested at the last Council Meeting.

Interim City Manager Clark added that one of the things we attempted to do in the goals is to have the Council make a policy determination as to who will pay fees and who will have the right to request an exemption from fees if that organization has a community wide benefit. We have a list of objectives given to us by the City Attorney for the Council and will incorporate that into our document. We will be coming back to you with a Resolution because fees cannot be approved just by policy.

Mayor Pro Tem Carroll asked that Interim City Manager Clark check just what the fiscal impact would be if the cost of insurance was waived for a city co-sponsored event.

Interim City Manager Clark stated that they would do that.

There were no Public Comments on this item.

Council Member Millsap stated that one of the rules is that alcohol is not allowed, but there are circumstances when a permit can be obtained. Do we need to reword this?

City Attorney Levin explained that typically you would only want to allow alcohol consumption in The Park pursuant to a Permit and this would allow you to pursue other needs that might go along with the use. Typically any large group even if sponsored by the City would need a Permit. She stated that you need a consistent policy.

Council Member Millsap brought up the problem of parking only in designated areas, when many times not enough parking is available.

Interim City Manager Clark stated that one problem is damage to the grass and sprinklers.

Council Member Baroldi stated that the sprinklers could be marked by a cone. For fees, he suggested a language change from “will be subject” to “may be subject”.

Mayor Bergman stated that staff should look at the different events we have at The Park and somehow tailor these policies to the events.

Council Member Vipperman stated that he didn’t see anywhere that they could waive the fees.

City Attorney Levin stated that in the handout from Ms. Andres, there is a set of policies to consider that will be used to decide when you will co-sponsor an event as appropriate to receive a waiver of a fee.

Council Member Baroldi commented that since the City has only a few sponsored activities it would be good to sponsor the activities that such organizations provide for the City such as Highland Riders and the Improvement Association and waive the fees for them. He asked if the term “co-sponsor” is the same as “City partnership activities”. We should probably pick just one of the terms.

Council Member Baroldi moved to approve “B” to refund Highland Riders for the annual Pancake Breakfast held at the gym. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

Council Member Baroldi moved to approve “A” the proposed Park Facility User Policies and instruct the City Clerk to prepare a resolution incorporating all fees for adoption at the next meeting.

Mayor Bergman stated that this is where we need to look at all of The Park events and see what language we really need here. There was no second of the motion.

Council Member Millsap asked the Deputy City Clerk if they still require that applications must be submitted two weeks before an event.

Deputy City Clerk Grace Andres answered that the process now is that they will take applications closer than two weeks, and they have until the event to pay for it. What we are asking in the Policy is if it is two weeks or less they must pay all the fees up front.

Mayor Pro Tem Carroll stated that the City Clerk should have two months to bring back the information asked for.

Mayor Pro Tem Carroll moved to instruct the City Clerk to prepare a Resolution incorporating the ideas that were raised this evening and come back two months from now at the Regular City Council Meeting. The motion was seconded by Council Member Baroldi and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

Council Member Vipperman moved that they authorize the Interim City Manager to waive the fees on any event between now and the adoption of our Park Policy or any event that is covered by the handout given to us tonight.

City Attorney Levin stated that this cannot be done as the Agenda is not broad enough to cover that. Anyone that needs this can pay their fees and ask for a refund. Now it will be easier for the Interim City Manager to determine if it can be approved by the Council.

Council Member Vipperman stated that since his wife is on the Board of Directors of the Fire Watch, he needs to recuse himself from Item 21.

21. CALL FOR REVIEW – PROJECT 2007-50 CONDITIONAL USE PERMIT, COAST COMMUNITY COLLEGE (KOCE), 16700 SKYLINE DRIVE (NEW MUNICIPAL CODE)

RECOMMENDATION A. Pending testimony at the public hearing and the deliberations of the City Council adopt Resolution 2007-05 approving Project 2007-50 for a Conditional Use Permit to allow two 6-foot microwave dishes at a maximum of 31 feet subject to the conditions of approval and find that this permit shall automatically expire on June 22, 2009, consistent with the expiration date of the Conditional Use Permit for the existing tower.

B. Find that the proposed project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with the requirements of the California Environment Quality Act (CEQA) and the City’s Environmental Guidelines.

City Planner Feeler stated that this Item came before the Planning Commission at a Public Hearing on January 22, 2008 and the project was approved at that time. The New Municipal Code allows a Call for Review if the Council wants to review the project. There was a Call for Review. Ms. Feeler commented that this is a CUP to add two 6-foot microwave dishes to the tower at 16700 Skyline Drive. The property owner is Coast Community College District and the applicant is David Moss and Associates. She showed a site plan of the existing site. There is one existing building on the site to house the equipment and next to the building is the tower. She stated that the facility supports Public Broadcasting by KOCE and Coast Community College related operations. Ms. Feeler presented the background of the permits issued for these facilities. The present use has three non-profit users, KOCE’s backup transmitter and Sempra Energy (quasi-public). Coast Community College has agreed to dedicate 3 antenna spaces to the City if needed. She showed a picture of what the tower looked like in 1994 and a drawing of what it would look like if the CUP is approved.

Council Member Millsap stated that she had called for this review and Council Member Baroldi seconded because she was concerned with the process, not to stop the process.

City Attorney Levin stated that an Appeal means that there is an opinion one way or another, while a Call for Review expresses no opinion.

Mayor Bergman stated that there are Public Comments on this Item.

George Edwardz commented that the tower is already there and is licensed for television transmission which will soon not be used at all. The main concern is what will the future use of the tower be? He stated that he would like to see Coast Community College expand their offer to allow EPC, CERT, or even the Fire Safe Council to place a repeater antenna there free of charge. These would all serve La Habra Heights well for Community Service.

Stephen Blagden, Citron Road, presented a power point on process issues. He noted that City legal agreements have not been followed; CEQA calls for an EIR; long term policy implications not considered; the 2004 CUP says “no additional transmitter” and needs to be modified or voided before an application for a new transmitter can be considered; the 1982 variance says “the lot cannot be used for any purpose other than a television transmitter unless brought to conforming size”. He stated that the proposed antenna is not a television transmitter so the lot would have to be increased for a variance to the variance granted; the 1986 Settlement Agreement calls for placement of the antennas at the 1518 Skyline site, not the CCCD site. The CCCD testified that we should no longer consider it a television tower, but as a Community Services tower. He showed a picture of the tower in 1994 with a lot of bootleg antennas. Were they just interested in collecting cash? They had one antenna approved in 2002. CEQA says one cannot piecemeal a project in order to avoid the applicability of CEQA; if we do not know how many antennas are planned in the future we will not have any idea of the radiation involved unless they complete an EIR; there is now a nature and hiking trail adjacent to the tower; one of the considerations is the nearby water company sites; CEQA requires cumulative effect of all planned or expected uses; he was of the opinion that this tower does not have any public benefit; he recommended that the tower be dismantled at the end of its present use.

Jeff Arthur, Coast Community College District, deferred his time to David Moss and Associates.

David Moss from Moss and Associates stated that for the past 25 years they have had particular focus on environmental land use and zoning entitlements in both broadcast and telecommunications. He stated that he would defer his presentation until after any questions you have.

Rob McMullen with Moss and Associates stated that he does not have a presentation, but will be glad to answer any questions from the Council or staff.

Jeff Arthur from Coast Community College District stated that he does not have a formal presentation. He commented that so far this has cost them $53,000 to add two dishes.

Council Member Baroldi stated that he did not think an EIR was necessary and asked the Council if they are on good legal footing with the CUP process and the recommendations made by the Planning Commission.

City Attorney Levin explained that they are on solid legal ground and this CUP is intended to run concurrently with the pre-existing CUP until June of 2009. We would hope there would be a more comprehensive planning process engaged in between the City and the Applicant between now and June of 2009 to determine what the rules will be going forward. The issue brought up on health and safety by a public comment on the radiation emissions, the City has no authority to regulate those types of issues. All the City can do is require that they comply with those regulations.

Council Member Baroldi asked if Coast Community College District would be amenable to providing some type of communication abilities on the tower for the Fire Watch group.

Jeff Arthur stated that it has cost a lot of money to go through the present process. The tower does not bring in a lot of money. He stated that he could not give an answer about a space on the tower without consulting the board.

Mayor Pro Tem Carroll asked what the two dishes are going to be used for.

Jeff Arthur stated that they want to use the microwave dishes as back-up for our network and complete the circle for distance education. He stated that they have many people asking for space on the tower.

City Attorney Levin asked that the Council get back to the review they are working on. She stated that it is up to the applicant to apply for what they would like.

Council Member Millsap asked for assurance that the Attorney does not think the City is violating anything on the 2004 CUP by any option they are asking for.

City Attorney Levin stated that there is no problem with the CUP, whether they amend the 2004 CUP or take out a new CUP, it would be the same findings and process.

Mayor Pro Tem Carroll asked staff if an EIR is really needed as Blagden noted.

CDD Powers commented that an Environmental Review is limited in its scope because the CUP dovetails the previous CUP and in 2009 we will be looking at the purpose of the tower. He stated his opinion that this CUP does not change the use of the tower. When it goes to digital in 2009 we would need an EIR.

City Attorney Levin stated that according to our present Code we would have one set of instructions for what we would have to do in 2009 to continue the tower, but there are law cases that may be settled between now and then that could change the process.

Council Member Millsap noted that there are more antennas on the tower now than there are numbers of users. How many actual pieces of equipment are there?

David Moss explained that each user has a different number of antennas that they use for their particular wireless purpose and that can change over time. If it would be helpful we can provide to Planning and Council exactly what is there today and what is before the Council.

Council Member Baroldi asked if they are comfortable with security since the dishes will be going in much lower.

David Moss stated that he is comfortable. He stated that by 2009 they will have a future plan for the site and how long it should be continued. He explained that it would be hard for someone to use what is coming from the tower for their own purpose. All the frequencies are strictly controlled by the FCC.

Council Member Baroldi moved to adopt Resolution 2007-05 approving Project 2007-50 for a Conditional Use Permit to allow two 6-foot microwave dishes at a maximum of 31 feet subject to the conditions of approval and find that this permit shall automatically expire on June 22, 2009, consistent with the expiration date of the CUP for the existing tower and find that the proposed project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with the requirements of CEQA and the City’s Environmental Guidelines. The motion was seconded by Council Member Millsap and approved as follows:

AYES: Baroldi, Bergman, Carroll and Millsap

NOES: None

ABSENT: None

RECUSED: Vipperman

22. ORDINANCE 2008-02 AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE 2007 CALIFORNIA BUILDING CODE; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE 2007 CALIFORNIA ELECTRICAL CODE; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE 2007 CALIFORNIA PLUMBING CODE; AND TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE 2007 CALIFORNIA MECHANICAL CODE; TOGETHER WITH CERTAIN AMENDMENTS, DELETION AND ADDITIONS, INCLUDING FINDINGS, FEES AND PENALTIES; AND AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE.

RECOMMENDATION: A. That the first reading of proposed Ordinance 2008-02 to amend the La Habra Heights Municipal Code Chapter 5 & 7 and adopt Title 26, 27, 28 & 29 of the Los Angeles County Code, with local amendments, be waived and the ordinance be held over for second reading.

B. Set a public hearing regarding adoption of Title 26, 27, 28 & 29 of the Los Angeles County Code and amendments of Municipal Code Chapters 5 & 7 to be held at the April 10, 2008 City Council Meeting.

C. Direct staff to provide the Notice of Public Hearing as required by law.

D. Direct staff to prepare and publish a summary of the Ordinance as required by law.

City Planner Feeler stated that they are asking for an upgrade of the Building, Electrical, Plumbing and Mechanical Code. The State has upgraded all the State Codes relating to building activity and adopted them in January 1, 2008. The County of Los Angeles also upgraded all of their Codes. Our Municipal Code adopts the County Codes by reference and in the Resolution on the last page there is an attachment which is exhibit A and where there are dates that have been amended to “2008 provisions”. We are asking that you do first reading and then we will bring it back at the next meeting for the second reading and adoption.

Council Member Baroldi moved to waive first reading and the Ordinance be held over for a second reading and we set a Public Hearing to be held at the next Council Meeting on April 10, 2008 and direct staff to provide the Notice of Public Hearing and prepare and publish a summary of the Ordinance as required by law. The motion was seconded by Mayor Pro Tem Carroll.

Mayor Bergman asked if there is any large change that would affect us.

Ms. Feeler stated that there have been no large changes, but she spoke to our Building Official and our Building Inspector and they told me that the Building Codes are a little simpler.

The motion was approved as follows:

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

NOES: None

ABSENT: None

23. LAS PALOMAS DRIVE RECONSTRUCTION AND PROPOSITION 1B

RECOMMENDATION: Amend FY 2007-08 Budget to include Las Palomas Drive between West Road and El Cajonita Drive at an estimated cost of $600,000 and authorize the City Manager to include it in the plan for Prop 1B funding.

City Engineer Majdi Ataya commented that this is a request that the City adopt a “project” for the Prop 1B fund. This bond fund was adopted by the voters in November of 2006 which provided $19.925 billion to spend on transportation. We are allowed $400,000 and we have decided to use our allocation on Las Palomas. We have to fill out a form and the State Department of Finance must approve our “project”. We will have to amend the Budget to include Las Palomas for the FY 2007-08. We will have to spend this within three years. Each of the three years we will have to prepare a report explaining what expenses we have had and what we have done. Mr. Ataya stated that they have had a Geotechnical Report done and LaBelle Marvin made recommendations. We selected four options and went with the cheapest option of $600,000. Staff is still looking at ways to lower construction cost. Tonight we are asking that you amend the FY 2007-08 Budget to include Las Palomas Drive between West Road and El Cajonita Drive at an estimated $600,000 and authorize the Interim City Manager to include it in the plan for Prop 1B funding.

Mayor Pro Tem Carroll asked for clarification that we would be keeping watch over this project.

City Engineer Ataya stated that he would be. He stated that he had no doubt that the project will be approved.

Council Member Millsap asked if they have to bring the Budget back to amend it.

Interim City Manager Clark stated that it can be amended just by the direction given tonight with this item.

Council Member Millsap asked if this project will be done in July and August with this years work.

City Engineer Ataya stated that their intent is to try to get the contractor that is working on the annual maintenance projects to be able to bid on the Las Palomas project and do it also. There is a chance it would happen in September or October. At least it is not a City wide project. Mr. Ataya stated that it will be budgeted for FY 08-09.

Interim City Manager Clark explained that the money had to be in the Budget before they can go out to bid.

Mayor Bergman stated that it confused him that the cheapest option is the best one and he asked how do we know if we have a good base there?

City Engineer Ataya explained that the cheapest option is not the best, but is what we can afford and will give us a 27 year service life. He stated that LaBelle Marvin gave their recommendation for making a solid base. It required lime and he did not like that so they are looking for a better a way to do this.

Mayor Pro Tem Carroll moved to amend FY 2007-08 Budget to include Las Palomas Drive between West Road and El Cajonita Drive for an estimated $600,000. The motion was seconded by Council Member Vipperman and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

24. AUTHORIZATION TO PURCHASE FIRE ENGINE

RECOMMENDATION: That Council authorize the Fire Chief to acquire the Fire Pumper/Engine under the five year municipal lease-purchase arrangement consistent with the financial details outlined in the attachments.

Fire Chief Nielsen explained that the life of a fire engine is about 10 years. Our front line engine is now 12 years old. With the delivery of the new engine, it will reach 13 years. He noted that by examining the repair records, he can see that it is time to get a new engine. He stated that we are able to afford a new fire engine by using our 5 year lease-purchase agreement. By adding on to another Fire Department’s contract we have a price advantage.

Mayor Pro Tem Carroll asked if there would be a loss of the special price if we continue this Item until next month when we have the entire mid-year Budget. He would like to see the big picture.

Fire Chief Nielsen stated that if we postpone the Item we would have to order the engine the same night as the Council Meeting or the next morning.

Fire Dept. Chief Mechanic Todd Gordon stated that if we miss this deadline we will have a 12% increase in price.

Mayor Pro Tem Carroll asked Todd Gordon to check on the deadline date now.

Interim City Manager Clark noted that for the five years the interest rate of 3.57% is fixed. She stated that they would get a discount if they paid the whole amount up front, but the interest they would earn on that amount in the bank for five years would make the discount not worthwhile. She stated that they found that this City does not have a Code allowing us to piggyback on an existing contract to buy the engine, so consulting with the City Attorney we came up with another finding that we can use for buying this engine without going through the bidding process.

City Attorney Levin explained that the Council will have to make the finding that the bidding requirement does not apply due to the exception that the equipment is unique because of its quality, durability, availability or fitness for a particular use. Ms. Levin stated that in her opinion this does apply.

Mayor Bergman asked for a short intermission at 10:30 p.m. and reconvened at 10:41 p.m.

Chief Mechanic Todd Gordon noted that the representative told him that every six months the cost of the engine goes up about 3% due to cost of materials and that due to the time the price has been held already; he needs a purchase order in hand by April 30^th to avoid a 12% increase.

Fire Chief Nielsen stated that for the purpose of this contract, we are no longer considered a Volunteer Fire Department as over 50% of our staff get some pay. FEMA declared us a Combination Fire Department.

The consensus of the Council was to bring this back at the next meeting.

Interim City Manager Clark stated that she would bring back a cost benefit on each interest term option. She stated that they also have to find out if the rates will hold.

The Council moved their next meeting to April 9^th as the Interim City Manager cannot be here on April 10^th.

Mayor Pro Tem Carroll moved to continue Item 24 to the next Council meeting on April 9, 2008. The motion was seconded by Council Member Millsap and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

25. OPERATIONAL BUDGET FOR AN EAST SIDE FIRE STATION

RECOMMENDATION: Bring the staffing options back for Council consideration at the time that the East Side Fire Station location is final.

Interim City Manager Clark reported that they had given three options for locations for an East Side Fire Station, so they decided to also give three options for manning a station. It covers only staffing costs.

Fire Chief Nielsen stated:

Option 1 would be $222,807.73 for a Captain, one Paramedic/FF/EMT and one FF/EMT Annually

Option 2 would be $139,254.83 for a Captain, two FF/EMTs Annually

Option 3 No cost: Lieutenant, two FF/EMTs Annually (this was not recommended due to lack of supervision.)

He stated that all of the firefighters are also trained on defibrillators.

Council Member Vipperman asked if there could be an option between 2 and 3 that would use a Lieutenant instead of a Captain.

Fire Chief Nielsen stated that it is an option that can be researched. He explained that a Captain has full responsibility for the entire shift and takes command at an incident; whereas a Lieutenant makes sure everything is in order at the Station and makes sure the equipment is ready in the morning. He is an aspiring Captain.

Mayor Bergman directed Fire Chief Nielsen to figure an option for the East Side Station using a Lieutenant who is aspiring to be a Captain with some kind of compensation.

Mayor Bergman called for Public Comment.

George Edwardz noted that Chief Nielsen had asked for a new Engine in 2005 and was turned down. He wanted them to approve this at the April Meeting. It really is needed. He stated his opinion that the EMTs are enough to begin with and using a Lieutenant is a good idea. This would be cost affective.

Roy Francis liked the idea of the Lieutenant paid along with two EMTs at the East Side Station and felt that the Captain at Station 1 could keep an eye on the East Side also. He stated that he felt the best choice for the Station would be Bella Vista. Mr. Francis read a letter from a former Chief and firefighter whose opinion was that it would be the best place by upgrading the station already there.

Mayor Pro Tem Carroll moved to receive and file Item 25. The motion was seconded by Council Member Vipperman and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

City Attorney Levin stated that anything previously discussed as being on the April 10th Council Meeting will now be on the April 9^th Meeting which was changed from April 10^th, including the Public Hearing for Item 22 about the Building Codes will be on April 9, 2008.

26. INSTRUCTIONAL SERVICE AGREEMENT WITH RIO HONDO COMMUNITY COLLEGE

RECOMMENDATION: That Council authorize the Fire Chief to enter into the proposed “Instructional Services Agreement” with Rio Hondo Community College.

Fire Chief Nielsen stated that they have had an agreement with Palo Verde Community College District of Blythe to operate the Department’s Fire Academy and they recently decided that we are a little too far from them. We then contacted Rio Hondo College and they are willing to co-operate with us on an Instructional Service Agreement. This means that we will be able to maintain our current revenue from training and Rio Hondo has agreed to establish us as an off site campus and conduct classes here and get reimbursed for those classes. He asked for approval of entering into the proposed “Instructional Services Agreement” with Rio Hondo College. He stated that the Rio Hondo Fire Academy is located in Santa Fe Springs.

City Attorney Levin stated that if this is approved she would ask that Council change the wording to read enter into a proposed “Instructional Services Agreement with Rio Hondo College subject to approval of the City Attorney” as she would like to discuss with them the language of the Indemnity provision.

Mayor Pro Tem Carroll moved to authorize the Fire Chief to enter into a proposed “Instructional Services Agreement” with Rio Hondo College “subject to approval of the City Attorney.” The motion was seconded by Council Member Vipperman and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

27. MANAGEMENT PARTNERS, INC. REPORT – ASSESSMENT OF FINANCE AND INFORMATION TECHNOLOGY POLICIES AND PRACTICES

RECOMMENDATION: That the Assessment of Finance and Information Technology Policies and Practices completed by Management Partners, Inc., be received and filed and that the Interim City Manager be directed to implement the recommendations contained within the report that are within her authority and to bring back implementation documents for those items that require specific Council approval.

Interim City Manager Clark reported that they engaged Management Partners, Inc. to perform an intensive management audit of the City’s information technology and financial practices, policies and procedures. They have concluded their report and presented the draft report to the City with 43 recommendations focusing on financial management and IT functionality and security, cost recovery, and risk management. She recommended that the Council receive and file the report and authorize the Interim City Manager to implement the recommendations with the report that are within her authority and to bring back implementation documents for those items that require specific Council approval.

Stephen Blagden, Citron Road, stated that most of the recommendations look good; there is some concern with opinions that could be confused with fact; the past two years IT has shown great improvement, and if it is outsourced it should be done under scrutiny and oversight by the Council. Mr. Blagden stated that it isn’t true that the New Code has caused project slowdown and a backlog of applications in the Planning Department. They have made a lot of progress in the last two years. The slowdown has been caused by the national economic slowdown; in the past there were many problems, which have been greatly improved; the unsubstantiated opinion statements should be struck from the report so they do not become fact in the future.

Interim City Manager Clark stated that she agrees with the recommendations. The problem is where to begin, so we are focusing on the financial side first. Some of the things are not worded as clear as they could be, but we will create an implementation plan and assign responsibilities as to who will do certain things and will clarify anything that needs it at that time.

Interim City Manager Clark stated that this is a draft and people are welcome to submit written comments on it and they can be placed in the final report as comments which can be made during the next thirty days.

Mayor Pro Tem Carroll moved that they receive and file Item 27 and that the Interim City Manager be directed to implement the recommendations contained within the report that are within her authority and to bring back implementation documents for those items that require specific Council approval. The motion was seconded by Council Member Millsap and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

28. AGREEMENT WITH MORELAND & ASSOCIATES, INC., FOR TEMPORARY FINANCIAL MANAGEMENT SERVICES

RECOMMENDATION: That the Interim City Manager be authorized to sign an agreement with Moreland & Associates, inc., not to exceed $68,000 for the financial management services of Larry Schroeder.

Interim City Manager Clark reported that Item 28 is a follow up to the Management Partners, Report. We are in need of a staff person who is highly qualified in Municipal Finance to work on our finance issues. We need to discuss an agreement with Moreland & Associates for temporary financial services. We are requesting authorization, not to exceed $68,000 for a 120 day period, but we will try to accomplish this within 90 days for $48,000. This will be to restructure our finance operations. I will have to come back to you to get permission to restructure the staffing, recruit and hire the people that qualify for those positions.

Council Member Vipperman moved to authorize the Interim City Manager to sign an agreement with Moreland & Associates, Inc., not to exceed $68,000 for the financial management services of Larry Schroeder. The motion was seconded by Council Member Millsap and approved as follows:

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

CITY COUNCIL COMMENTS

Mayor Pro Tem Carroll reminded everyone of the Easter Egg Hunt on March 15, at The Park at 10:00 a.m.

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

There were no public comments.

ADJOURNMENT

Mayor Bergman adjourned the Council Meeting at 11:15. p.m. to the next scheduled Council Meeting on April 9^th.

ATTEST:

_______________________________________

SHAUNA CLARK: INTERIM CITY CLERK