CITY OF LA HABRA HEIGHTS
MINUTES OF THE
REGULAR CITY COUNCIL MEETING
APRIL 9, 2008
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Bergman called the April 9, 2008 City Council Meeting to order at 7:34 p.m.
2. ROLL CALL
Present: Mayor Brian Bergman, Mayor Pro Tem Stan Carroll and Council Members Layne Baroldi, Tela Millsap and Howard Vipperman.
Present: Interim City Manager Shauna Clark, City Attorney Sandra Levin, Community Development Director Justin Powers, Deputy Fire Chief Richard Hyslop, Sheriff Lieutenant Mark Weldon and Interim Financial Services Manager Larry Schroeder.
3. FLAG SALUTE
Kathy Sauble led the flag salute.
á Eagle Scout recognition – Moroni Sauble
Mayor Bergman noted that Moroni has just received his Eagle Scout award. He has been clearing brush from around the City fire hydrants and cleaning and repainting them and placing the blue reflectors on the road. Mayor Bergman thanked Moroni for his work in making the City safer and presented him with a certificate of Achievement and a pin.
Mayor Bergman stated that Lieutenant Weldon has been with the SheriffÕs department for 27 years and is moving to a better position. He presented Lieutenant Weldon with a certificate of appreciation from the City.
Lieutenant Weldon stated his pleasure to have worked with the City.
4. PRESENTATIONS
á Emergency Preparedness Committee, Chairperson Kathy Sauble
á Proclamation – establishing April as the Earthquake Preparedness Month
Ms. Sauble read the proclamation declaring April as Earthquake Preparedness Month.
She noted that this is the 19th year of the Emergency Survival Program and that in the Heights Life there is a two page report on Earthquake Preparedness.
á Public Works Committee, Chairperson Jerry Shipman
There was no report. Mr. Shipman was not present.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Norm Zezula mentioned a growing trend by some developers to blame staff for delays and other problems that were actually caused by them. The applicant is now appealing to make another plan under the old code.
Mike Bagwell, Dorothea Road, representing his neighbors asked for more information on the problem in his neighborhood.
City Attorney Levin stated that they would put together what information they can for the public for the next meeting.
Sandy Dykier noted that on May 17, 2008 the Avocado Festival/Safety Fair will be held at The Park. She brought her granddaughter and a duck that will be at the petting zoo. She showed her T-shirt for the Festival. She also thanked those who had donated toward the Festival and stated that they would be happy to receive more donations.
Stephen Blagden, Citron Road, presented a power point of the fire danger presented by Powder Canyon; he stated the biggest danger is the rest of La Habra Heights and suggested that the best fire prevention starts in your back yard; he suggested they prohibit or monitor construction on red flag days, close Fullerton Road north of East Road and Hacienda Road to through traffic during high fire danger; no need to spend money on a Powder Canyon Fire Station or on a lot of new signs; return to fiscal common sense on our spending; our volunteers save us money and we should show pride in our outstanding fire department by sprucing up the training room and making something to be proud of.
Judy Hathaway Francis, Chota Road, stated that the City should make a proclamation that April every year should be established as a time to clear the weeds and dead trees off of property. One legal notice is not enough. Our insurance is very dependent on this work.
ADMINISTRATIVE REPORTS
5. CITY MANAGERÕS REPORT
Interim City Manager Clark stated that all her items are on the Agenda.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated she had nothing to report.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director (CDD) Justin Powers noted that in January 2006 we had about 10,000 hits per month on our website; in January 2007 we had about 100,000 hits per month and in January 2008, 200,000 hits per month.
Council Member Millsap commented that on the Public Works Report she noticed a lot of brush clearance. Are we being reimbursed for this? In the past this may not have been done by Public Works.
CDD Powers noted that they had a meeting about weed abatement. The Fire Department had issues that there were weeds on the edge of roads and the Public Works Committee requested that we clean up damage to the road from the weeds so we sprayed weeds at the edge of the road. This will be done by contractors in the future.
Mayor Pro Tem Carroll asked for information about the surveying on Hacienda Road.
CDD Powers explained that this is part of the work being done by a Geo Tech consultant to consider if soil nailing and micro piling is a cost saving option. We are working on a design for the road repair that we have to give to the FHWA for their grant from the storms. Mr. Powers stated that there were also crews on Hacienda doing the traffic study comparing traffic at this facility and at Hacienda and West. We are preparing a Mitigated Negative Declaration and it should come to you at the May meeting.
Council Member Baroldi asked what the Òthird party review processÓ is that is mentioned in the Kanola remodel/new addition.
CDD Powers answered that any time there is an earthquake or soil analysis we send it out to a third party geo technical review. It was a policy decision.
8. CITY ENGINEERÕS REPORT
Nothing further was reported.
9. FIRE CHIEFÕS REPORT
Deputy Fire Chief Hyslop stated that Fire Chief Nielsen has provided a written report.
10. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Weldon stated that there was a written report.
CONSENT CALENDAR
Mayor Bergman opened public comment.
George Edwardz noted his concern over a warrant check paid for $739.53 from Hacienda Golf Club for a luncheon.
Interim City Manager Clark explained that this was for the annual Christmas Luncheon which included City Staff, the Chairs of Commissions, the City Council and the Mayor.
It is recommended that Items 11 through 16 be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action on an item is requested by a Council Member or a member of the public.
11. APPROVAL OF WARRANTS REGISTER FOR MARCH 2008
RECOMMENDATION: Approve
12. MONTHLY TREASURERÕS REPORT FOR MARCH 2008
RECOMMENDATION: Approve
13. CITY COUNCIL MINUTES
RECOMMENDATION: Approve
City Attorney Levin made a correction on City Council Minutes of March 13, 2008. On page 20, middle of the page, last sentence states ÒMs. Levin stated that in her opinion this does apply.Ó It should say ÒMs. Levin stated that in her opinion the Council could find that this does apply.Ó This is because it is the CouncilÕs determination to make the finding.
Council Member Vipperman stated that he has one correction also on page 7 under the Consent Calendar in his statement; the word ÒdefibrillatorÓ was misspelled.
14. RESOLUTION NO. 2008-06: APPROVING AND SUPPORTING THE APPLICATION OF THE 2008 ASSISTANCE TO FIREFIGHTERS GRANT, ADMINISTERED BY THE US FIRE ADMINISTRATION AND DEPARTMENT OF HOMELAND SECURITY
RECOMMENDATION: Approve Resolution and authorize the Fire Chief to submit the application for Grant Funds.
15. RESOLUTION 2007-07: RESCINDING RESOLUTION 2008-02 AND ADOPTING HEADQUARTERS & HEADQUARTER COMPANY, 2ND BATTALION, 502d INFANTRY REGIMENT, 2 BRIGADE OF THE 101ST AIRBORNE DIVISION (AIR ASSAULT).
RECOMMENDATION: Rescind Resolution 2008-02 and approve Resolution 2008-07 adopting Headquarters & Headquarter Company, 2nd Battalion, 502d, Infantry Regiment, 2 Brigade, of the 101st Airborne Division (Air Assault).
Mayor Pro Tem Carroll moved to approve Consent Items 11 through 15. The motion was seconded by Council Member Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
PUBLIC HEARING
16. 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: That Council open the Public Hearing and take public testimony, waive further reading and adopt Municipal Code Ordinance 2008-02.
CDD Powers commented that this is the second reading of our Ordinance adopting the California State Building Code of 2007, updating from the previous Building Code. We will also be adopting and referencing the LA County Code. The recommendation is to open the Public Hearing and take public testimony, close the Public Hearing, discuss as needed, read the title and waive further reading of the ordinance and adopt Ordinance 2008-02.
Mayor Bergman stated that he had no cards for Public Comments and he closed the Public Hearing.
There were no Council comments.
Interim City Manager Clark read the Title of Ordinance number 2008-02 as stated above.
Mayor Pro Tem Carroll moved to adopt Ordinance 2008-02. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Bergman stated that they would waive further reading of the ordinance.
17. AN APPEAL TO A PLANNING COMMISSION DENIAL OF STANDARDS MODIFICATION 2007-01, GRADING MODIFICATION 2007-01, AND TREE REMOVAL PERMIT 2007-01 (2124 SAPOTA)
RECOMMENDATION: At the request of the property owner, that the appeal hearing be continued until Thursday June 12, 2008.
CDD Powers reported that this is an appeal of a Planning Commission decision. The address is 2124 Sapota Drive. They are requesting a continuance until the June 12, 2008 City Council Meeting. Staff has recommended at the request of the owner that the appeal be continued until June 12, 2008.
Council Member Millsap asked if this is changed, will it come back to us or the Planning Commission.
City Attorney Levin explained that what the applicant is proposing to do is not to make a new application but come back to you with some conditions to their previously submitted project that they would be willing to live with, which would bring it closer in conformity to the code. At that point of time you would hear the appeal and then could either grant the appeal with or without conditions, deny the appeal or remand it back to the Planning Commission. Ms. Levin stated that at this time we would recommend that you simply continue the item.
Council Member Baroldi stated his opinion that the Planning Commission should be the first to review it.
Mayor Bergman noted that he has several cards on this Item and can we hear them tonight or leave them until June 12, 2008?
City Attorney Levin stated that it is on the Agenda so they can comment on it tonight, although they might want to wait.
City Council Member Millsap asked if we have to continue, do we hold the Public Hearing open each month until the June Meeting?
City Attorney Levin explained that you donÕt close the Public Hearing. You just continue it and then in June bring it back.
Philip Kohn, representing Brian and Rene Hoyt, spoke in favor of continuing the appeal.
City Council Member Baroldi asked Mr. Kohn if the owner would have a problem submitting the proposal under the new Municipal Code.
Mr. Kohn stated that they would have a problem with that. The project would not be consistent with what the owner wants under the new Code.
Lily Moniz, neighbor at 2148 Sapota, stated that they will be greatly impacted by this and are opposed to the project.
Craig Moniz, Brea, speaking for his father (the owner), stated that it was a modified plan that was rejected by the Planning Commission. How do they get to bring it back?
City Attorney Levin stated that the Permit Streamlining Act requires that the City take action within a certain time frame and that last meeting was at the end of that time frame. Appeals are not governed by the Permit Streamlining Act and so with the request of the project owner the City can take more time to process the application.
Mr. Moniz stated there are so many ways that they have gone against the General Plan.
Dick Monahan, East Skyline, spoke opposing the project.
Ted Goldstien noted he was against the project.
Stephen Blagden noted that the reasons stated for the continuance are invalid and they should not be able to present a new plan under the old code. He mentioned an example of an appeal that was handled differently. Both continuance and appeal should be denied.
Will Slattery, Sharpless Drive, spoke of his letters to the Council noting violations and issues.
Norm Zezula asked that the request for continuance be denied as the reasons stated for the continuance constitute an abuse of the appeals process and further that the appeal be dismissed. He noted an appeal that was handled differently.
Mayor Bergman left the Public Hearing open and brought it back to the Council for discussion.
City Council member Millsap stated that she disagreed with both Mr. Blagden and Mr. Zezula on the other appeal they noted as it had other timing issues and cannot be compared with this one.
Mayor Pro Tem Carroll moved to continue this appeal to June 12, 2008 to further explore the issues. The motion was seconded by Council Member Vipperman.
Council Member Millsap asked when they would know which body would get the appeal to make a decision.
City Attorney Levin explained that it will come back to the City Council and you could then make the decision to send it back to the Planning Commission. If you deny the appeal the applicant may resubmit the project under the new code. Denial with or without prejudice in this situation is a moot issue.
City Council Member Baroldi asked, when this is brought back, does the applicant have to pay a fee to put it on the Agenda.
City Attorney Levin noted that there wouldnÕt be a new application fee, but the time spent by staff on it would be charged.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Attorney Levin commented that the proposed additional conditions should be available by mid May and as soon as they are submitted they will be available to the Public.
OLD BUSINESS
18. AUTHORIZATION TO PURCHASE FIRE ENGINE (CONTINUED FROM MARCH 13, 2008)
RECOMMENDATION: A. Find that the fire engine is unique as to quality, durability, availability and fitness for use in the City of La Habra Heights, and therefore is exempt from the bidding procedures set forth on Section 2.8.60 of the Municipal Code.
B. Authorize the Fire Chief to enter into an eight-year lease-purchase agreement with KME Fire Apparatus for the single pumper/engine as described in KMEÕs proposal summary and the attached documentation.
Interim City Manager Clark stated that this Item is continued from the Meeting of March 13, 2008 when the Council asked that she consider the 8-year term. We came to the conclusion that this was better than the 5-year term. Ms. Clark stated that we are buying a fire engine for $394,688 including sales tax of $30,080.16. The annual price is $57,448.70 at 3.68% at a cost of $69,618. The actual annual outlay for interest will be $23,619 due to having the rest of the money creating interest revenue in the bank. The first payment will be In January 2009 when the engine will be delivered.
Mayor Pro Tem Carroll noted that the base price has gone down slightly and the interest rate up slightly. He thanked Todd for negotiating the price.
Interim City Manager Clark stated that they arranged to have the engine delivered here as the point of sale and we will have approximately $4,000 in sales tax come back to the City.
City Council Member Baroldi moved that since this is a unique item we can exempt it from the bidding procedures, and authorize the Fire Chief to enter into an eight-year lease-purchase agreement with KME Fire Apparatus for the fire engine. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
19. ORDINANCE 2008-03: CONSIDERATION OF AMENDMENT TO SECTION 2.9.20 OF THE MUNICIPAL CODE REGARDING AUTHORIZED FIREFIGHTING OPERATIONS WITHIN THE CITY
RECOMMENDATION: Staff recommends the Council read the Title of the Ordinance, waive further reading, and introduce Ordinance No. 2008-03.
City Attorney Levin explained that after discussion at a couple of City Council Meetings about potential amendments to Municipal Code Section 2.9.20 the Council gave direction to add specific language to the Code and this is a simple Ordinance amending Section 2.9.20 of the Code.
City Council Member Vipperman moved to accept the Ordinance as written. The motion was seconded by Mayor Pro Tem Carroll
City Attorney Levin read the Ordinance No. 2008-03 title and further reading was waived.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Attorney Levin stated that this will come back to you for a second reading probably at your next meeting.
NEW BUSINESS
20. ORDINANCE 2008-04: AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS ADDING CHAPTER 4.21 TO ARTICLE 4 OF THE LA HABRA HEIGHTS MUNICIPAL CODE PROHIBITING PARKING ON CERTAIN STREETS ON RED FLAG ALERT DAYS.
RECOMMENDATION: Approve first reading of the Ordinance by title only, waive full reading, and place the Ordinance on the May 8, 2008 Agenda for final passage.
Interim City Manager Clark stated that this subject has come before you by the La Habra Heights Fire Watch group and the Fire Department. We have brought it to you in a policy for you to adopt. It prohibits vehicles from parking on certain streets during Red Flag Alert Days. We have to adopt this policy at this time to move forward. This is an Ordinance so we will have the first reading. She noted that the Mayor had read the Ordinance title.
Karen Vipperman stated that the Fire Watch group would like to donate a red flag for the City Hall and one for The Park to be raised on Red Flag days. It wonÕt cost the City anything. The firefighters could raise the flag at City Hall and volunteers from the Fire Watch group could raise it at The Park on Red Flag Days. Ms. Vipperman stated that they would also like to donate signs or flags to post at the entrances to the City on Red Flag Days. The Fire Watch group could volunteer to post these on those days also. Ms. Vipperman noted that they will ask the Heights Life to print an article explaining the Red Flag program. She asked that they allow the Fire Watch group to move forward on this project as it is important to the City. She stated that she was concerned about the reverse 911 system.
Sheriff Lieutenant Weldon stated that the reverse 911 system is still in place and with software and hardware improvements there should be an increased amount of people it can reach and the decrease in time it should take to notify them should be available in the near future.
Stephen Blagden stated that there are too many details on the Red Flag program that are not yet known. There will also be labor costs to install the signs that should be added to the $120 per sign cost. There are already codes that cover such situations. There are vehicle codes that allow towing of vehicles that are blocking traffic. With this program, probably half of the streets would require these signs. It would take approximate $2500 for just one street and the signs would become a target for graffiti; just enforce the rules we have.
George Edwardz commented that the Red Flag Days warning is a good idea, but as stated the parking Ordinance would be redundant. He stated that prevention of outside welding and off road activities on Red Flag Days would help and the Sheriff would be able to issue citations. Mr. Edwardz suggested that any construction being done should be required to have fire suppression equipment during those days. Who will issue the Red Flag warning? Mr. Edwardz stated that they have received the equipment to add the Emergency Alert System (EAS) for the Heights Repeater. If the Fire Department and the Sheriffs agree to participate, when they want to issue a warning they could transmit it through our repeater which will automatically open up all the radios, in the schools, churches, and individuals alerting them that there has been a Red Flag warning issued. We are going to petition that the Weather Service transmit the fire service EAS warnings through the system.
Judy Hathaway Francis stated that what has been said by Ms. Vipperman and Mr. Edwardz gives us some idea of what is being done by members in the Community and Fire Watch in order to work with the City and Fire Department to get a program that will work for the Heights We need to take advantage of every way we can to get the word out. She would like to see the problem streets at least identified for the Red Flag Days and everyone should know all the ways to get out of our City from their home. We have to think about evacuation and plan for it.
Mayor Bergman brought the meeting back to the Council.
Mayor Pro Tem Carroll commented that he would like more detailed information on how this system would work, what the costs are and have some of the language on the Ordinance clarified. He noted that he would like to see this moved to the next meeting and have the Chief work on details.
Council Member Millsap stated she agreed with Mayor Pro Tem Carroll and that she was confused as to whether there would be red flags and also fixed hard signs on the streets.
Interim City Manager Clark stated that they would do a survey of all of the streets and for the narrow dangerous streets there would be a sign that says Òno on street parking during Red Flag Alert DaysÓ. She stated that these signs will cost $125.
Council Member Millsap stated that the majority of the streets would meet the criteria. It seems to be a duplication of some of the Municipal Code.
Public Works Manager Bruce Barrette noted that the signs would be about 30 X 30 inches and the $125 would include the post and the labor to install the sign.
Council Member Millsap asked the Sheriff to bring back information on parking citations here. Is it a problem or should there be more citations? She asked if they could go back a few months for the information.
Lieutenant Weldon stated that they could do that from year to date, but usually parking citations would be complaint driven.
Interim City Manager Clark stated that it is her understanding that it is only overnight parking that is prohibited.
City Attorney Levin explained that 6.5.20 prohibits overnight parking and temporary on street parking is permitted when and where it does not interfere with or obstruct the safe use of the street or adjacent properties. The amendment prohibits parking on Red Flag Alert Days. This allows the City to create the ability to prohibit on street parking on certain streets and the SheriffÕs Department to enforce the no parking on Red Flag Alert Days. She stated that the way it is defined in this Ordinance it is up to the Fire Department to designate a Red Flag Day.
Mayor Pro Tem Carroll stated that 4.21.40 needs to be reworded in order to clarify it. He also asked for information on some other City on how many days they have had designated as Red Flag Days during the last year.
City Attorney Levin stated that this Ordinance is largely based on the City of Los AngelesÕs Red Flag Days. Ms. Levin stated that the question of how many signs would be needed on each of the designated streets would depend on the configuration of the street. The Community Development Department would have to work with the Fire Department to make the decisions.
Interim City Manager Clark suggested that we see how many streets we are talking about and if it is most of them, we could make a rule that you cannot park on any street during Red Flag Days and then we could put the signs at entrances of the City. She stated that you can not put just any flag on the flagpole with the United States flag. We have to look at the rules and follow them.
Council Member Millsap asked for more information about EAS and the Heights repeater.
Mayor Bergman commented that they want as few signs as are necessary and would like Staff to look into that.
Mayor Bergman moved to continue Item 20 and work on the Ordinance.
Council Member Vipperman suggested a fold up sign on the entrance signs to the City and on Red Flag Days drop the sign which tells parking is prohibited on all streets on Red Flag Days and this is a Red Flag Day.
City Attorney Levin stated they will explore the suggestions but there are some State law restraints on what kind of notice has to be in place to be able to ticket or to tow. The State law takes into account people who are just moving internally in the City. They may not be leaving or entering the City and we must be sure there is adequate notice under the State law for those people so that everybody has fair notice.
The motion was seconded by Mayor Pro Tem Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
21. AGREEMENT WITH THE COUNTY OF LOS ANGELES, AND PICTOMETRY INTERNATIONAL CORP., FOR AERIAL IMAGERY ACQUISITION AND AUTHORIZED USER CONFIDENTIALITY AND NON-DISCLOSURES.
RECOMMENDATION: That the Interim City Manager be authorized to sign agreements with the County of Los Angeles and Pictometry, not to exceed $11,400 for new digital imagery.
Community Development Director Powers (CDD) noted that in August 2005, the City Council approved purchase of aerial imagery in the amount of $19,000 from the County of Los Angeles. We have had cost savings by joining a consortium of cities in Los Angeles County, so it only cost us $19,000. This would be just for the Imagery as the Topography would not have changed. He stated that we use the Imagery every day for weed abatement, Code Enforcement, Planning and Public Works. We also brought the GIS system in-house. That has saved approximately $10,000 from when it was out-sourced and web based. This request is for 2008 aerial imagery. Staff recommends that Council Authorize the City Manager to enter into agreements with the County of Los Angeles and Pictometry not to exceed $11,400 and appropriate from the General Fund reserves to General Services an amount of $5,700 in this fiscal year.
Council Member Millsap asked if we are buying something new and different or replacing services.
CDD Powers explained that you need software to view the aerials. The previous method gave a compressed view. Pictometry has a much better system with a much better picture. We no longer pay $10,000 per year for the web service. This ended in 2006. Now, we are not paying for the software, it is part of LA CountyÕs consortium and the software comes with the aerial imagery. We still have the aerial imagery we purchased from LA County. The aerial imagery we got through the web service was not good. When we purchased 2006 we were also given 2004 aerial imagery.
City Attorney Levin explained that property lines can only be distinguished by a view taken straight down, and this is available with this system.
CDD Powers stated that this is also useful in Code Enforcement. It is complaint driven and then they can look at it with the system. We have an example now on the Code Enforcement list.
Mayor Pro Tem Carroll asked Deputy Chief Hyslop if he knew if this program has successfully been used for weed abatement.
Interim City Manager Clark stated that they cannot use it to find who needs weed abatement, but it is used to locate different parcels when there is a problem with addresses when they send out Weed Abatement notices to make sure they have the right parcel.
Deputy Chief Hyslop stated that the crews goal is to try to get out to look at each property for weed abatement.
Interim City Manager Clark stated that first they are going to make sure that every parcel has an address. Then we will make sure we have a notice for every parcel and can be mailed, delivered or posted somewhere on the property. We have come to the conclusion that the Fire Department will have sole responsibility for every private parcel in the City. If there is anything extending onto the road, the Fire Department will provide notice to abate. If it is an emergency, they will have a shortened notice period that they can use to force the property owner to abate. We are working on cost recovery.
Council Member Millsap noted that in the past they found that some of the labels for the notices were wrong. She asked how many have come back now?
CDD Powers noted that they get the address for parcels from the assessors list with this program and then he updates his parcel information. The biggest problem is the undeveloped parcels. The information we collect is from the GIS.
Council Member Baroldi commented that the notices cannot be mailed to the undeveloped parcel address.
City Attorney Levin stated that Staff is working on revising the process for weed abatement and preparing a plan and we will bring back a report on this. The entire weed abatement program is beyond the Item on the Agenda tonight.
CDD Powers noted that the agreement for aerial imagery would help with weed abatement.
Council Member Baroldi moved to authorize the Interim City Manager to sign agreements with the County of Los Angeles and Pictometry, not to exceed $11,400 for new digital imagery and appropriate from General Fund reserves to General Services an amount of $5,700. The motion was seconded by Council Member Vipperman.
Mayor Pro Tem Carroll asked what would happen if it was not purchased until after the 2008/09 budget was adopted.
City Attorney Levin stated that if we postpone it later than this meeting it may not get into this round of contracting.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Pro Tem Carroll stated he would like to find out if the mailings going out from Whittier Mailing Service will have the new information or are they using their own list of addresses? He stated that in the future we can get a package on hardware and software.
Interim City Manager Clark stated that later they will have a report of all computer expenses and the Departments that it is spread over.
22. RECLASSIFICATION OF AQMD AB2766 FUNDS
RECOMMENDATION: Appropriate $27,712.37 to the General Fund from unappropriated reserves (account 01-26-00-9089) and reserve the $27,712.37 charge to account 05-20-00-9089 the AQMD fund.
Bruce Barrette stated that in February the City Council approved the purchase of a Hybrid truck with AB2766 funds. When we made our yearly report to the AQMD of what we had spent AB2766 funds on, they stated that the truck purchased was not ÒhybridÓ enough and is being disallowed. We are continuing to try and reverse their decision. We need to take care of this item now in light of the mid-year budget coming up and we are asking that the City Council authorize the General Funds from unappropriated reserves and book that back to AQMD funds for the correct accounting of that. If we can get a different ruling on their decision, we can later reverse this transaction. If you approve this, the mid-year budget will show this change.
Mr. Barrette stated that staff had discussed this truck at the time of purchase and thought it complied with their rules.
Mayor Pro Tem Carroll asked who was dealing with AQMD at that time.
Mr. Barrette stated that he was.
Council Member Baroldi asked him if they did not have a spec list about what qualified.
Mr. Barrette stated that he did not know.
Mayor Pro Tem Carroll suggested that Mr. Barrette try to find out what happened to the actual person he dealt with at that time.
Council Member Vipperman asked Larry Schroeder if this transaction would show up as $27,000 less in the surplus.
Interim Financial Services Manager, Larry Schroeder stated that it would, but it would not reduce the AQMD funds.
Council Member Baroldi asked if that program is still good.
Mr. Schroeder answered that it is still going on.
Mayor Bergman asked that they look at all of the options and possibilities.
Mayor Pro Tem Carroll moved to approve the reclassification of AQMD funds. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AUTHORIZING A REQUEST TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO GRANT AN EXTENSION OF EMPLOYMENT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21221(H) FOR THE INTERIM CITY MANAGER
RECOMMENDATION: Adopt Resolution 2008-08 and direct staff to correspond with CalPERS as necessary for the extension of time for the Interim City Manager within the limitations referenced above.
City Attorney Levin explained that Shauna Clark came here on an Interim basis. Since she is a retired annuitant of CalPERS, she is restricted to working 960 hours in any fiscal year, not to exceed 12 months. She will reach her 960 hour maximum hours on April 25, 2008. There is a provision that the governing body may request an extension to those hours until July 21, 2008. Ms. Levin stated that an extension based on the many changes she is involved in for our City, which are stated in the resolution, is to continue to work with our City to get it back on its feet. The rule is suspended as long as the Resolution requesting the extension must get to CalPERS prior to April 25, 2008. If necessary, we could request another extension.
Council Member Baroldi moved to adopt Resolution 2008-08 and authorize City Attorney Levin to correspond with CalPERS to get an extension of time for Interim City Manager Clark. The motion was seconded by Council Member Vipperman and was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
City Attorney Levin requested a short break at 9:58 p.m. and reconvened at 10:13 p.m.
24. FINANCE DEPARTMENT REORGANIZATION
RECOMMENDATION: Approve the restructuring of the Finance Department as recommended by Management Partners Inc. and approve the job descriptions and salary ranges for Financial Services Manager ($7,225-$9,471) and Accounting Technician ($3,825-$5,014) as proposed.
Interim City Manager Clark stated that Management Partners, recommended that we change the job qualifications for the Finance Director. It did not correctly identify the actual work. They suggested the policy and heavy lifting on the budget be transferred to the City Manager under an Administrative Services approach and that we replace the Finance Director with a position called Financial Services Manager and that the emphasis of that position shifts from policy to actual technical ability in Municipal Finance. She stated that we do not need a Financial Analyst, but an Accounting Technician. We have an intern in the Finance Department and they suggested that we keep that part time and call it an Accounting Assistant. The financial impact will be the Financial Services Manager. This is a 5-step position and the person would be hired at the first or second step and it would take one year before they could move up one step. The approximate fiscal impact would be $1,675 per month. Ms. Clark explained that the knowledge needed in this City would be the same as any City in California. We need to recruit someone with a lot of experience. The Accounting knowledge and experience required for a City is different than what is required for the private sector. Both positions need experience in City or County Government in California.
Mayor Bergman opened the Item for Public Comment.
Roy Francis, Chota Road, noted that we have to add employee benefits to the salary.
Interim City Manager Clark agreed that benefits have to be added to the salary.
Judy Hathaway Francis stated that this would be money well spent. We have had problems as a City for a long time. The quality of our employees is extremely important to how well we function.
Interim City Manager Clark explained that using other cities to compare for different positions, she tried to pick an approximate middle position so we wouldnÕt be in the highest range, but would be competitive. She noted that most of the previous scale of pay was probably in the bottom 10% and would not come near the mid-scale of salaries.
Council Member Baroldi stated that he though a Financial Services Manager would probably be the most important position in the City.
Council Member Millsap stated that more than the cost has to be considered.
Mayor Pro Tem Carroll suggested they keep the salary what it is at this time and see what response the Interim City Manager gets with the new requirements.
Interim City Manager Clark spoke opposing that idea because if it did not work, it would be necessary to extend Larry Schroeder, Interim Financial Services ManagerÕs contract and recruit again, all the time paying him. She commented she was trying to set this in place as soon as possible so she can cut Larry off and was very doubtful that they could get someone with the experience needed at the lower salary.
Council Member Millsap commented that the new setup changes depend heavily on the City Manager. We will also have to have a City Manager that can handle the new policy and heavy lifting on the budget.
Interim City Manager Clark stated that almost any City Manager should be able to do this and if they cannot, they are not qualified. She told City Council that if they want her to adjust the salary range downward, she will, but not to the level that you had, because then you will get what you had before. She stated she would try to recruit the Financial Services Manager at tier one, but if you want it to only be at tier one, I will drop the whole range down so that tier one is really tier two. You recruit by salary range. A big factor will be if they do not have to commute very far. She stated that this City probably has the worst retirement system in all of California.
Council Member Vipperman stated that they all want to be frugal, but we have also paid a lot for Management Partners to give us their recommendations and we should take their knowledge and use it.
Judy Hathaway Francis noted that the City is always trying to save dollars by spending money to try things that have not worked. DonÕt let the opportunity of the recommendations and the Interim City Manager escape.
Council Member Vipperman moved to accept the recommendation per the Staff Report of the Interim City Manager and the City Attorney in recruiting a Financial Services Manager and Accounting Technician. The motion was seconded by Council Member Baroldi.
Mayor Pro Tem Carroll offered an alternate motion, that we retain the present salary range and change the title to Financial Services Manager and also follow the Staff recommendation for Accounting Technician. The motion was seconded for discussion by Council Member Millsap.
Interim City Manager Clark asked Larry Schroeder how much he was making when he left the City of Lakewood.
Mr. Schroeder answered that he was making in excess of $150,000.
Mayor Bergman stated that his opinion was that they should give Interim City Manager Clark the tools she needs to do her job.
Mayor Bergman called for a vote of Council Member VippermanÕs motion.
The motion was approved as follows:
AYES: Baroldi, Bergman and Vipperman
NOES: Carroll and Millsap
ABSENT: None
The Council called for a break at 10:49 p. m. and reconvened at 10:58 p.m.
25. FINANCIAL STATUS WITH REGARD TO BUILDING FIRE STATION – REVENUE AND COST SAVING OPTIONS
RECOMMENDATION: Receive and file.
Interim City Manager Clark explained that in order to staff another Fire Station we need from $89,000-$130,000 per year and our General Fund carryover is about $182,000 a year, minus the $27,000 for the truck mentioned earlier and the cost of the new Finance Director, so we will not have the carryover that we have been having. Only two years were used to make the assumption that we would continue to have approximately $600,000 per year which is much more than what we actually have now. Our General Fund is composed primarily of property taxes, development fees and other fees we charge for services. In any other City you would have several other types of fees and taxes. Only a small portion of property taxes comes to us with most of it going to the County. Ms. Clark mentioned fees that she would be looking into such as: Franchise fees on solid waste haulers; Utility taxes for electrical, water, gas, telephone, cable; Franchise fees on cable provider licensed by the state; Increased fees for services that include the fully burdened rate (include indirect costs such as the City AttorneyÕs time); Development impact fees such as fire, parks, and facilities. She noted that we must do better on weed abatement and the cost recovery and be aggressive on people who are doing building without permits.
Council Member Millsap asked how far back will you go on building that was not permitted.
City Attorney Levin stated that you can go back to any time building permits were required and were not applied for. You probably could not make them tear it down, but you could require them to pay the permit fee that should have been paid and inspect to make sure it is a safe structure.
CDD Powers stated that they have code enforcement files that go back as far as 1986. At this point I think we are looking at more recent items that people have complained about. Once we go proactive it will be up to the Council how far back you want to go.
Interim City Manager Clark stated that she is not asking for any decision now, but we are going to be developing these items for you to consider. For now, just file the report.
Mayor Bergman opened the meeting for Public Comments.
Karen Vipperman talked about the East Side Fire Station. The East Side was supposed to be covered by Automatic Aid with LA County, but that did not happen. If a station is built at West and Hacienda it will add two minutes to East Side response time. She stated that people on the East Side want Station 5 reopened and all it would take would be a $20,000 trailer to house 2 Volunteer EMTDÕs and a Volunteer Lieutenant to man it. If we donÕt have the money, hold off on the West and Hacienda Station, replace or renovate the living quarters for our firefighters at Station 1 and buy the small trailer for the East Side. As elected officials your first responsibility is to the safety of those who elected you.
Mayor Bergman asked Interim Financial Services Manager Larry Schroeder to give a report on the Financing of a Fire Engine and Fire Station.
Interim Financial Services Manager Schroeder stated that one of the greatest problems is the ongoing expense of staffing the East Side Station as the Fire Fund is maxed out at this time and the General Fund is not bringing in what it has in past years. There are not enough reserves to keep things on an ongoing basis. He also stated that they looked at several scenarios and he stated he is not sure the General Fund could handle the burden of the ongoing payment on the Bond needed for the Hacienda/West station.
The Council and Staff discussed how the economy has affected the building going on in the City as far as money going into the General Fund.
Faith Grimm stated that we do need new housing for our Firefighters. We have to think about the reality of the problem and the solution. Her opinion of the new Code is that there are many contradictions on what you can and cannot do.
George Edwardz, commented that when former City Manager Bates was here our troubles started. The City Council wants to get the money back by taxing the residents and charging franchise fees which will come back on us.
City Attorney Levin clarified that the fees and taxes have not been approved by the City Council. They are just possible suggestions by staff as alternatives. They are not on the Agenda to be voted on tonight.
Judy Hathaway Francis noted her concern of how much contamination they will find at the Hacienda/West site and is concerned that they will find more than soil problems. Now also may not be the time to ask the residents for a bond. The last Council told us that there would not have to be more taxes as we have the money. This year is going to be a real fire year. Many of the people on the East Side do not know that we donÕt have the resident firemen that we used to have and that Station 5 is closed. They are all paying the same fire fee that others pay and think they should have the same service. Ms. Francis suggested that a new building be placed here and a trailer and a septic system be placed at Station 5 this year.
Mayor Pro Tem Carroll stated that no one on the Council has been talking about raising taxes on the residents.
George Edwardz stated that in the recommendations it says that you could raise the Fire Tax by 6%, place utility taxes on electric, water, gas, telephone and cable. Mr. Edwardz stated that this is what will happen if you vote for these Staff suggestions. The Council never voted to close Station 5 so why should they have to vote to have it reopened. Who authorized the closure of Station 5? Mr. Edwardz suggested Engines that could be at Station 5, have volunteers man the Station. Water and power are at this station. Use the paid Captain that we already have. It could be changed to a ÒFire First Responder Engine OnlyÓ. Use a budget of $20,000 per year with a one time cost of $36,000 to outfit 20 personnel. Fire Chief Nielsen stated that we now have two full companies ready for response.
Interim City Manager Clark explained that the Council does not have to vote on a bond. We use our existing assets to get a bond and pay for the fire stations over time. In order to do this we would have to have the revenue flow from the General Fund. It is not connected to raised taxes or having a vote.
Council Member Baroldi reminded everyone that we will also have unfunded mandates coming up that we will have to be considering in the future.
Roy Francis showed a small automatic defibrillator that can be used to save a life. You have to get to the person within 4-6 minutes. Currently the Fire Department cannot get to the East Side in this amount of time. The Fire Department would like to buy such a unit, but the budget will not allow this as we need a new Fire Engine. He suggested that we follow Mr. EdwardzÕ suggestion to bring back the Resident Volunteers. He states he has 20 volunteers. If you bring them up to LA County standards they would save us a lot of money. He stated that there is an engine stored at station 5 or possibly Mr. Edwardz would still donate the engine he bought for the City. It is older, but is in good shape. If Engine 76 is used and you keep it within the City during fire season, you would lose $50,000 in projected revenue.
Mayor Pro Tem Carroll moved to receive and file the Item 25 report. The motion was seconded by Council Member Millsap.
Council Member Vipperman moved to direct staff to start negotiations with the La Habra Heights Christian Church for a lease agreement that would enable the City to maintain the Fire Station at 1400 Bella Vista Drive and the Fire Chief be instructed to revise his staffing projections to some option and that a report on the negotiations and the revised staffing be placed on the next Agenda for the next City Council Meeting.
City Attorney Levin explained that almost all of the motion is beyond the scope of the Agenda Item before you. The part that you can do is to direct staff to bring back certain Agenda Items.
Council Member Vipperman stated that he would like some hard numbers on an East Side Station brought back on the next Agenda.
Council Member Baroldi stated that he would like to get more information about what the Christian Church is willing to do.
Interim City Manager Clark stated that would not be easy to bring back a report on the revamping of the volunteer fire service . She noted that even with the Resident Volunteers we would still have the cost of a building.
City Council Member Vipperman stated that he was not asking for that tonight although he did think the Fire Chief should look into it. He stated that he would like to know the cost of a building, but would rather like something temporary on wheels.
Interim City Manager Clark commented that we cannot place a trailer there under our codes.
The motion to receive and file was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Karen Vipperman stated that her comment earlier was to staff the East Side Station with volunteer firemen, not necessarily the Resident Volunteer program and possibly a volunteer Lieutenant. Ms. Vipperman stated that on the Red Flag Days she did not understand what traffic citations had to do with Red Flag signs or how many Red Flag Days a year are required to justify protecting the Community.
26. FY 2007-2008 MID YEAR BUDGET REVIEW
RECOMMENDATION: Receive and file the Mid Year Budget Review.
Note: Amendments to the FY 2007-2008 budget will be presented to the City Council at the same time (June 2008) that next yearÕs budget is presented for review and approval.
Financial Services Manager Larry Schroeder presented the Mid-Year Budget Review Report. He stated that these figures are estimates and will change during the fiscal year. Staff is concentrating on preparing the 2008-2009 Budget and in June we will be able to present a clearer picture of this fiscal year. Unlike in years past, you are not asked to amend the FY 2007/08 budget at this time, instead we are requesting that you receive and file this report. He stated that some challenges in projecting Revenues are predicting how current economic conditions will affect the items that bring in Revenue. It will also affect Expenditures.
Mayor Pro Tem Carroll requested that when the 2008/09 Budget is discussed that they have it on Power Point so the residents can see it.
George Edwardz, stated that the only way we can pay the bond, is to increase the revenue and the only way to do that is to raise taxes. We are already paying more for everything else. He stated that in his opinion raising taxes is very irresponsible.
Interim City Manager Clark commented that next year we will be transferring the accounting data that we have into a Budget module. That will give us a Budget based on actual numbers, which will allow us to give you more actual information. We also need to make sure that our Special Revenues are in Special Funds and not co-mingled with the General Fund. Ms. Clark stated that she was not recommending that we get a bond for any Fire Station. She is recommending that you donÕt do anything at this time. She stated that at this time you do have $4,000,000 in the unrestricted funds.
Council Member Baroldi moved to Receive and file the report on the Financial Status and financial cost and saving options. The motion was seconded by Council Member Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
27 CITY COUNCIL RE-ORGANIZATION
RECOMMENDATION: Select a Mayor and Mayor Pro Tem.
Council Member Baroldi nominated Stan Carroll for Mayor for the next term. The motion was seconded by Council Member Vipperman.
City Attorney Levin asked if there will be any discussion.
There were no comments.
City Attorney Levin asked for all those in favor.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Carroll asked for nominations for Mayor Pro Tem.
Council Member Baroldi nominated Howard Vipperman for Mayor Pro Tem. The motion was seconded by Mayor Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
28. CITY COUNCIL MEMBER – COMMITTEE ASSIGNMENTS
RECOMMENDATION: Make appointments to the various committees and organizations listed.
Mayor Carroll noted that the only one that requires the Mayor is the L.A. County Sanitation District.
Council Member Layne Baroldi asked to stay on this one as Alternate.
There were no other changes.
Council Member Baroldi moved that Mayor Carroll would be the delegate for L.A. County Sanitation District. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Mayor Carroll presented former Mayor Bergman with a medallion and thanked him for his work as Mayor. Mayor Carroll stated that there would be certificates of thanks next month from different dignitaries.
Council Member Bergman thanked everyone and noted that he enjoyed his term as Mayor and knew Stan Carroll was well qualified to be Mayor.
Roy Francis explained that the Fire Watch has a repeater outside of the City. He stated that they have a system we are getting ready that all of our EPC, Neighborhood Watch, and Fire Watch Groups can tone out when there is an emergency and let our neighbors know. We will offer this to the Fire Department if they want it.
CITY COUNCIL COMMENTS
Council Member Millsap noted that they need an Alternate for the Planning Commission. She stated that in her opinion they need to look at the Committees and Commissions as to how they are structured and if any need adjustment.
City Attorney Levin stated that the Council previously would appoint the Chair and Vice Chair for the Planning Commission around the time the Council was reorganized and we are going to bring this back.
Interim City Manager Clark stated that we need to consider the rules that need to be reorganized.
Judy Hathaway Francis stated that she was interested in any changes that might be made in the Finance Committee.
Council Member Millsap noted that it was the Budget Committee and that was included in her request.
Mayor Carroll stated that he hoped they would consult with the new Mayor Pro Tem if needed.
City Attorney Levin stated that she understands that the direction is that Council would like to forgo the Budget Committee Meetings in the meantime and that the Interim City Manager will consult with the Mayor Pro Tem.
ADJOURNMENT
Mayor Carroll adjourned the Council Meeting at 12:25 p.m.
ATTEST:
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SHAUNA CLARK: INTERIM CITY CLERK