CITY OF LA HABRA HEIGHTS
REGULAR CITY COUNCIL
MEETING MINUTES
MAY 8, 2008
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
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.
G.C. 54956.9b(3) (A)
EXISTING LITIGATION
G.C. 54956.9(a):
CITY OF LA HABRA HEIGHTS v. DEAN SMITH
Case No. LASC #VC047381
PERSONNEL
á PUBLIC EMPLOYMENT/EMPLOYEE APPOINTMENT:
G.C. 54957
Title: CITY MANAGER
á CONFERENCE WITH LABOR NEGOTIATOR
G.C. 54957.6
CITY NEGOTIATOR: Sandra Levin, City Attorney
Unrepresented employee: City Manager
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Stan Carroll called the May 8, 2008 Regular City Council Meeting to order at 7:40 p.m. at the Multi Purpose Room, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Present: Mayor Stan Carroll, Mayor Pro Tem Howard Vipperman. Council Members Layne Baroldi and Tela Millsap.
Absent: Council Member Brian Bergman (out of area).
Staff Present: Interim City Manager Shauna Clark, City Attorney Sandra Levin, Community Development Director (CDD) Justin Powers, Management Analyst Catherine Leland, Deputy City Clerk Grace Andres, Fire Chief John Nielsen and Sheriff Lieutenant John McBride.
Mayor Carroll stated that they have just come from Closed Session and asked City Attorney Levin if there is anything to report.
City Attorney Levin stated that no reportable action was taken in the Closed Session. She commented that she did not participate in the case of Dean Smith; Contract Counsel was handling this over the phone. Council Member Brian Bergman did participate in the Closed Session by telephone.
3. FLAG SALUTE
Ashley Morcado from Hacienda Heights led the flag salute.
Mayor Carroll explained that they did not finish their Closed Session and will be returning to it at the end of the Council Meeting.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Chairperson Jerry Shipman commented that they are ready to start work on Zone 1 of the City and we expect bids to come in by May 29th. The former Engineering firm got a $1.2 million FHWA grant but did not give us the design for the work on Hacienda Road. That was left up to the new Engineering firm. The grant expires in September, so we must have the design approved by then. To do this properly, it will far exceed the estimate given earlier. Engineer Ataya has to work very hard to come up with a good plan that will fit into the grant amount. Mr. Shipman noted that the stoplight at East and Hacienda was not put in according to ADA standards. Is the City liable for an accident associated with this lack?
City Attorney Levin stated that she will assume this is a request to have the City Manager look into the matter with the City Attorney.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Chairperson Kathy Sauble stated the theme for the month is PUBLIC HEALTH EMERGENCIES. This will be available at City Hall. She stated that she will give Joe some links that people can look up on the Internet; she stated concern has been expressed that the Council see that the Command Post Trailer is taken care of and ready for any emergencies that come up; it needs to be kept stocked with what is needed and we should have a log when anyone does something with it. Ms. Sauble stated that she would be willing to work with the Sheriff on this.
Sheriff Operations Lieutenant Jim Wolak stated he is here to introduce the CityÕs new Lieutenant John McBride who has been with the Department for 20 years and has served in Norwalk and La Mirada.
Lieutenant McBride noted that he is excited to be assigned here.
PUBLIC COMMENTS
Mayor Carroll stated that they will be sticking to the three (3) minute time limit and it will end at 30 minutes. Any left over speakers at that time may speak at the end of the continued Closed Session at the end of the meeting.
Janice Slattery, Sharpless Drive, stated she represents the La Habra Heights Fine Artists and Artisans group. We are less than two (2) years old and already have 18 members. We have 7 or 8 Medias that we work in. We are giving our first show at La Habra Art Gallery on Orange north of the La Habra Library and will start on June 5 through the 29th and our reception will be Saturday night, June 7 from 5:00 p.m. to 7:00 p.m. We are inviting everyone.
Sandy Dykier, Picaacho, reminded everyone that the Avocado Festival will be on May 17th and we will have a lot of fun and things to do and see.
Kathy Sauble explained that the T-Shirts cost from $10 to $13 depending on the style and we have different sizes. Ms. Sauble noted that the CityÕs 30th Anniversary was scheduled for June 28th, but we decided that more time is needed to get ready for it as we are just finishing the work for the Avocado Festival. We will move it to October 18 and we want input from the residents for ideas. The Holiday Boutique will be moved to another date. Ms Sauble stated that the American Red Cross will be at the Festival and will be giving a demonstration on Pet first aid and safety. The Avocado Commission will demonstrate grafting avocado trees. Shakey Quakey has been cancelled due to another need for its use.
Mayor Carroll announced that this Saturday, May 10th, there will be a trash pickup from 8:00: a.m. to Noon at The Park for everything except hazardous waste.
Stephen Blagden, Citron Road, spoke about local elections and noted that you have to watch those elected to see if they follow through on their promises to support our wishes for a rural environment and to follow the General Plan. It took 5 years to develop the General Plan, but this is being reversed by closed door changes to the codes in the interest of the Developers. They are exempting driveways and swimming pools from being considered hardscape. This is really to allow more building. All the things that we want in our City are endangered by these actions. Once our rural oasis is gone we will not be able to get it back.
George Edwardz, Fullerton Road, stated that he would like to see an Agenda item on the Òred flag warningÓ. He would also like to see the EPC, La Habra Heights Fire Watch and the Fire Department get together and come up with a plan to present to the City Council to recommend a Òred flag warningÓ ordinance so that the signs would only be at the entrance to the City, not on every street. Mr. Edwardz stated that the La Habra Heights Fire Watch will have a booth at the Avocado Festival. He stated that the EAS emergency system is now on the Fire Watch repeater and the SheriffÕs Department sent a test message that came through loud and clear.
Ed Borrowe, Reposado Road, noted that the financial liability is the City CouncilÕs responsibility. The City of Vellejo has filed for bankruptcy. It is your responsibility to work within our means. The only way we can change the trend to spend more than we have, is if the Council stops it and stays within our budget. We are spending a lot of money on consultants. We need to respond to our own City whose residents donÕt want anything fancy. You donÕt have to take all the advice you get, but you have to make the decisions from the facts for what is best for the City. Mr. Borrowe suggested that the Council pass no new taxes, freeze salaries and reduce salaries in some cases.
Mayor Carroll stated he has asked some of the people who work here to introduce themselves and tell what they do.
David VanDusen stated that he is Building Inspector for La Habra Heights,
Grace Andres, Deputy City Clerk, stated she works closely with the City Manager, City Council and the Fire Department and. has done volunteer work for the City.
Catherine Leland stated her recent appointment is ÔManagement AnalystÕ.
ADMINISTRATIVE REPORTS
4. CITY MANAGERÕS REPORT
á La Habra Heights Christian Church
Interim City Manager Clark noted that at the last City Council Meeting she was asked to meet with the La Habra Heights Christian Church about the possibility of locating a Fire Station on their property. There is a building there now that houses a fire engine. We did meet with the Elders and put in writing what we talked about at the meeting. Chief Nielsen and Management Analyst Katherine Leland participated in this meeting. The Church is interested in expanding the facility, especially if we have Òon siteÓ paramedics. The Church will agree to a lease agreement with the following conditions:
If there are Òon siteÓ paramedics, they will agree to a lease of the term the City requests.
If the paramedics are not part of the agreement they would consider a shorter lease term.
Current studies propose a fire dorm on the north side of the engine house (which is the side closest to the Church). The Church may only be willing to have the fire dorm on the south side of the engine house, which is the side closest to the street, and which we would have to develop some type of encroachment for.
The Church would not expect monetary compensation in exchange for the lease, but would require that the church could use of a portion of any storage space added to the site and could use any parking area added to the site.
We asked if the Church would consider sale to us of any part of the property. The Senior Pastor was not in favor of a sale, but said the Church may be willing to consider this if they are granted the use of the parking lot and access through the south gate.
Any agreement would have to be approved by a board of five Elders and reviewed by their legal counsel. The Church stated that they have not discussed this with their neighbors and they would expect the City to handle this.
Ms. Clark noted that they discussed staffing option (1.5) for 1 paramedic/firefighter and two firefighters with Engine 76 which would cost $83,000 and doesnÕt include equipment or construction.
Bugs Mitchell, Chairman of the Elders, noted that they were in favor of what is listed in the report and are open to it.
á Committee Report
Interim City Manager Clark reported on reorganizing the Committees. She stated that she found there were different reasons for Committees being in existence and how they are established. In some Committees there was no rotation of the Chairman even though that is required. Ms. Clark stated that she would like to come back at the next Council meeting with a proposal that would put all Committees in one Resolution that unifies all of them under one type of policy with the same rules of what each Committee is, how many members each Committee will have and how meetings will be conducted.
Karen Vipperman, stated that she was not sure the Church understands the difference between EMTDs and Paramedics. If we have to have Paramedics it will cost money and will probably make the deal impossible for us. Ms. Vipperman stated that as far as she knows, the only thing the Paramedics can do that the EMTDs cannot do is to give injections of medication, and the EMTDs would be fine as first responders. She stated that she would be very comfortable with them. It is very important that we have an East Side Station and if possible it might be good to reinstate the resident volunteer program.
John Ludwig, Amate Drive, stated his concern that this City might be compared to any other City, as that is not possible. We only have Property Tax for income. We cannot compare to any City that has businesses and Sales Tax which we donÕt have. He was against big city staff and more taxes for us. We donÕt need increased wages for staff. We really have to be careful with the finances we have.
George Edwardz stated that the EMTs and Paramedics are almost the same. He noted that they are trying to get a Fire Station at the Church opened to the specifications that it was originally opened with. He listed the benefits that would happen with such a Fire Station from Firefighters and EMTs. He asked that the Church not force that Paramedics be at the Station.
Stephen Blagden, Citron Road, stated that everyone needs to know the difference between EMTs and Paramedics; there is an issue of access at the Church and if we are going to use the private road to access the Station we probably need a legal authorization to use that road and some kind of indemnification to hold the City harmless.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin gave an update on the property at 707 Dorothea. A receiver has been appointed for the property for remediation of the property. In February a lender foreclosed on the property and became the new owner; the hearing is now scheduled for May 21st; the court has not received any alternative proposals for abatement; at that time we expect the receiver to request permission to obtain the funding to remediate the site back to its original condition. After remediation the owner will be able to use the site as any other owner.
City Attorney Levin announced that the request at the last meeting by the City Council to CalPERS for the extension of the Interim City ManagerÕs tenure here has been approved.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
á Update on Hacienda and West Road
Community Development Director (CDD) Powers noted that the Fire Station at Hacienda/West Road in now in the Environmental process. Staff will be reviewing the report information and completing it with more information.. Then there will be a 30-day Public Review. Public Comment will be considered and then submit the document to the City Council for approval. This should be in July.
Council Member Baroldi asked how long would the determination that we have complied with CEQA be valid.
CDD Powers stated in his opinion, as long as the scope of the project does not change or we alter anything that would cause another trigger for review, it should be valid.
John Ludwig stated that this Fire Station project has been going on far too long. It comes down to money. He suggested that it should be put on a ballot measure, and come up with an assessment for a five-year plan that can be renewed every 5 years. This would be just for building a Fire Station.
á Fire Station Generator
CDD Powers stated that the lowest bid they got was $20,000 and we only have $12,000. We will be sending it out to bid again.
David VanDusen, Building Inspector, explained that the Generator project has been scaled down to cover only the Fire Department; we have solved Code issues on the placement of the Generator; the electrical system in the Fire Department would have to be brought up to code if we used a larger Generator; the smaller Generator should be able to work with what we have. Mr. VanDusen explained the difference between the bid and what we have, is that the $12,000 did not take into consideration the extra cable we would need and having to install the Generator to a different place. Mr. VanDusen stated that this is a 65K unit and should be able to handle the whole building, 911 system, computers and some lights. The price changes rapidly as it gets bigger. It will be about 77Ó long, 54Ó high and about 36-40Ó wide. It runs on natural gas.
Mayor Pro Tem Vipperman stated that he would like a Generator that would also cover City Hall as it would be a Command Center.
Mr. VanDusen stated that would take considerable change in the electrical setup.
City Attorney Levin stated that this subject is not on the Agenda so we should not have a discussion on it.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen thanked Sandy Dykier and her daughter who helped in training the Fire Department in handling large animals that are loose or during evacuation in cases of emergencies.
Interim City Manager Clark asked if the Chief brought the table showing the difference between EMTs and Paramedics.
Fire Chief Nielsen stated that he had and has passed them out to the Council.
John Ludwig stated his concern regarding trees overhanging the road that are not trimmed to the height required by City Ordinance.
9. SHERIFFÕS DEPARTMENT REPORT
Sheriff Lieutenant McBride noted that his report shows that crime is down 50% for the first quarter of this year. We do know that Burglaries are up in surrounding areas. He stated that the Photo Law Enforcement is working well.
CONSENT CALENDAR
It is recommended that Items 10 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.
Stephen Blagden spoke on Item 16 on annexation of three parcels for sewer service. He stated that sewers are a threat to all residents and increasingly costly to the City; we are now required to have a Sewer Master Plan as we are over the limit; the request for sewers is often a developers request for their convenience; septic tanks help preserve our rural environment and keep density down. This request should be denied.
Mayor Carroll noted a correction on Item 15 on the first page of the ConsultantÕs report it states that the Housing Element was reduced to 116. We need to let the Consultant know that the number was reduced to 79.
Council Member Millsap asked if CDD Powers is comfortable with the Housing Element time frame.
CDD Powers stated that they are working as fast as they can.
City Attorney Levin stated that most cities are not going to make it; some are just working as fast as they can; some are making a status report letting the State know what progress has been made. Ms. Levin suggested that they ask the consultant to recommend the best thing to do.
10. APPROVAL OF WARRANTS REGISTER FOR APRIL 2008
RECOMMENDATION: Approve
11. MONTHLY TREASURERÕS REPORT FOR APRIL 2008
RECOMMENDATION: Approve
12. CITY COUNCIL MINUTES Special Meeting of March 26, 2008
Regular Meeting of April 9, 2008
RECOMMENDATION: Approve
13. COUNTYWIDE HOUSEHOLD HAZARDOUS AND ELECTRONIC WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT
RECOMMENDATION: That the agreement with Los Angeles County sponsoring a Household Hazardous and Electronic Waste Collection on July 12, 2008 be approved and signed by the Interim City Manager Shauna Clark.
14. APPROVAL AND ADOPTION OF THE PARK FACILITY USER POLICIES (CONTINUED FROM FEBRUARY 14, 2008)
RECOMMENDATION: That the user policies be continued to July 9, 2009 City Council Meeting.
15. CONSULTING AGREEMENT WITH BETH STOCHL ASSOCIATES FOR PREPARATION OF THE CITY OF LA HABRA HEIGHTS HOUSING ELEMENT
RECOMMENDATION: Authorize the City Manager to enter into agreement with Beth Stochl Associates in the amount not to exceed $50,000 (amount of agreement plus contingency).
16. ANNEXATION OF THREE (3) PARCELS LOCATED IN LA HABRA HEIGHTS INTO THE LOS ANGELES COUNTY SANITATION DISTRICT FOR SEWAGE DISPOSAL IN EXCHANGE FOR LHH PROPERTY TAX REVENUES
RESOLUTION 2008-09: ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 18 OF LOS ANGELES (ANNEXATION NO. 18-21)
RECOMMENDATION: Approve Resolution 2008-09 accepting the negotiated exchange of property tax revenue resulting from annexation to County Sanitation District No.18 of Los Angeles (Annexation No. 18-21).
Mayor Pro Tem Vipperman moved to approve the Consent Calendar and read the title of Item 16, Resolution 2008-09. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
NEW BUSINESS
17. RE-ORGANIZATION OF THE PLANNING COMMISSION
RECOMMENDATION: Appoint a Chairperson and Vice Chairperson.
CDD Powers reported that the appointment of a Chairperson and Vice Chairperson is according to the Municipal Code.
Council Member Baroldi moved to nominate Larry Black as Chairperson, as he has done a good job. The motion was seconded by Mayor Pro Tem Vipperman and was approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
Mayor Pro Tem Vipperman moved to nominate Brent Grebbien for Vice Chairperson. The motion was seconded by Council Member Baroldi and approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
18. PARK MASTER PLAN COMMITTEE RESTRUCTURE
RECOMMENDATION: A. That the community group affiliations be removed from the Park Master Plan Committee and that the committee be allowed to designate the committee size and membership from the remaining participants.
OR
B. That the Park Master Plan Committee be re-organized, reducing its number to ______, and that committee membership be distributed among the following community affiliations: (List the community group and number to be appointed from each).
Interim City Manager Clark explained how and why the Park Master Plan Committee was formed last year. They tried to bring Community Groups input into the Committee. They have been meeting once a month to develop concepts for The Park. The Committee is a very large one and they have been having trouble getting a quorum for a meeting. They have had ten resignations and some were never filled in the first place. We have come up with the two recommendations.
Faith Grimm, Park Master Plan Committee Chairperson, stated that those members who are there are very committed and interested. She stated that they have now dealt with the Brown Act and made their By-Laws and are ready to continue work on the Park Master Plan. She stated that she really does not know whether ÒAÓ or ÒBÓ would be best.
Pam McVicar, Vice Chairperson for the Park Master Plan Committee stated that the way they understood their purpose was that it was not only to get a specific grant, but also making a Master Plan to get any future grants. We did get somewhat sidetracked because we did not originally know we were under the Brown Act. Ms. McVicar stated that she thought they have a viable function in the Community. Ms. McVicar noted that she thought she would prefer ÒAÓ because the people representing the Community who attend, feel very passionately about this.
Mayor Carroll turned the meeting back to the Council for discussion.
Mayor Pro Tem Vipperman stated that the need for a Park Master Plan came to life during a Study Session. We tried to make an Ad Hoc Committee that was representative of the Community even though we knew a 21 person Committee was large. He thanked those who are still on the Committee and named them. The Committee did their work, but unfortunately, the paper work did not get turned in. The Community interest seems to have died out. Mr. Vipperman stated that they were in a hurry to get this going, otherwise we would have assigned this to the Parks and Recreation Committee. We have actually duplicated the efforts of both Committees. That has also duplicated the work of our staff and this causes more cost. His opinion was that Parks and Recreation should take over this task and there should be a ÒsundownÓ clause for everything we do. We didnÕt supply enough information to get this off the ground. He expressed the opinion that the Park Master Plan Committee has served its purpose and he would like to vote on terminating this Committee.
Mayor Pro Tem Vipperman moved to disband the Park Master Plan Committee.
Mayor Carroll asked if it was possible to consider Mayor Pro Tem VippermanÕs suggestion when the agenda only offers two recommendations for this item.
City Attorney Levin stated that the Agenda Item is for the restructure of the Park Master Plan Committee and one restructure could be to disband the Committee, but it probably would be better to put it on the next Agenda so the public can voice their opinion on the matter.
Mayor Carroll stated his agreement with the City Attorney and asked if there was a second for the motion.
Council Member Baroldi stated he would second the motion if it was amended to say we bring it back for further discussion of the option to disband or continue the Park Master Plan Committee.
Mayor Pro Tem Vipperman agreed to the amendment.
Mayor Carroll noted that a vote on this is not needed as it only takes two to get something put on the Agenda
Mayor Carroll moved to approve recommendation A. to remove the Community Group affiliations from the Committee and it be allowed to designate the size and membership from the remaining participants. The motion was seconded by Council Member Millsap for further discussion purposes.
Council Members Baroldi and Millsap noted their reasons for voting ÒnoÓ at the creation of the Ad Hoc Committee in the first place.
The motion to approve Option ÒAÓ died as follows:
AYES: Carroll
NOES: Baroldi, Millsap and Vipperman
ABSENT: Bergman.
Mayor Carroll stated that we will wait for the new Agenda Item and in the meantime the Park Master Plan will continue to function as it has.
Mayor Carroll asked that Items 20 and 21 be advanced before Item 19.
20. AGREEMENT WITH WASTE MANAGEMENT FOR SOLID WASTE SERVICES
RECOMMENDATION: Adopt Agreement with Waste Management for Solid Waste, Recyclables and Greenwaste Collection, Processing, and Disposal Services, expiring July 1, 2010.
Interim City Manager Clark commented that the City has Franchise agreements with two refuse haulers, Waste Management and Haul-A-Way. Last year the agreements with them came to an end. They were given a one year extension. Now we are starting with new two-year agreements for each hauler.
Management Analyst Leland noted that she thought all issues have been taken care of with Waste Management. There was an issue that was sorted out between their legal Department and our City Attorney on Indemnification.
City Attorney Levin explained that in most contracts the City requires that the Contractor foots the bill if there is any claim of damage or problem caused by the Contractor. The City would not be held responsible, but the Contractor would defend the City and pay for costs. We negotiated specific language as far as who would pick the defending Attorney and control the litigation and if Waste Management agrees completely to indemnify the City they will get to choose the defending Attorney and control the litigation. If they reserve the right to argue later on who shall pay the bill, then the City gets to pick the lawyer and control the litigation.
City Attorney Levin noted that Management Analyst Leland went to JPIA for recommendations on insurance amounts to be incorporated into the agreements.
Management Analyst Leland noted that both haulers have exactly the same agreements.
Sam Perdomo, Senior Government Affairs Manager with Waste Management and liaison between Waste Management and the City, stated that Waste Management is honored to serve the City and looking forward to enhancing our services as time goes by.
Mayor Pro Tem Vipperman stated that he had heard that Waste Management teaches their drivers to watch for dangers on their routes and can report problems while they are out there.
Mr. Perdomo stated that this is correct and he would like to come back at a later date and tell about their program across the country.
Council Member Baroldi noted page 14, item b. under ÒEquipmentÓ and asked if they have something smaller than the big trucks for our roads.
Mr. Perdomo stated that they did find that in some cases the big trucks had trouble turning and they offered a ÒValet ServiceÓ to use a smaller truck in certain instances to make sure they did not cause additional damage to the roadways. We have been doing this for some time.
Mayor Carroll asked if they charge extra for recycling bins.
Mr. Perdomo answered that they do not.
Council Member Millsap asked if they had much request for the ÒValet ServiceÓ.
Mr. Perdomo answered that he did not know a number, but there were some.
Mayor Pro Tem Vipperman asked Mr. Perdomo to bring the Watch program and give it to the City Manager.
Mayor Pro Tem Vipperman moved to adopt the contract with Waste Management for their solid waste, recyclables and greenwaste collection, processing and disposal services within La Habra Heights. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
21. AGREEMENT WITH HAUL-A-WAY RUBBISH FOR SOLID WASTE SERVICES
RECOMMENDATION: Adopt Agreement with Haul Away Rubbish for Solid Waste, Recyclables and Geenwaste Collection, Processing, and Disposal Services, expiring July 1, 2010.
Management Analyst Leland stated that this agreement is the same as Waste Management, but there is one outstanding issue. JPIA wants us to add Automobile liability insurance as itemized in the Report and pollution legal liability not less than $1 million aggregate per occurrence. The pollution item added is the issue that is under discussion. Typical liability insurance does not cover any contaminants that might be leaked onto the road.
John Beliakoff, Vice President of Haul Away Rubbish Service, stated that he works in several other cities where pollution is not an issue. He asked why it is in this City. He stated that he concurs with the new agreement except for the pollution liability insurance. Mr. Beliakoff noted that if it is available he is sure he can get it, but does not want something that is not necessary. He noted that he also did not like the franchise and regulatory fees. The franchise fee is written in as 10%, which is pretty standard, but there is no language as to what the regulatory fee will be.
Mayor Carroll noted that Haul Away charges extra for the recycling cans. He thought they should encourage the recycling.
Interim City Manager Clark stated there is nothing in these two agreements that sets the rates. In this City we also allow the residents to do their own hauling. Noting a franchise fee and a regulatory fee allows for the possibility of the City to impose such fees. The City Council would have to vote to actually charge such fees. If we wanted to impose a franchise fee we would have to notify all of their customers so they could have a chance to protest the fee in writing and the Haulers would have to agree with us that we sent a notice to their customers.
City Attorney Levin stated that this agreement does not impose a franchise fee. It preserves the ability to do that in the future.
Interim City Manager Clark stated that the private haulers are allowed to implement a program for recycling, but there is quite a bit of work involved for City staff in reporting on those recycling mandates. This is important if we ever want to charge the haulers for the work done by City staff on recycling, The City is mandated under AB939 to have recycling done. If we decided to do this it would have to be publicly noticed and the haulers would be allowed to speak on it. We would have to bring forward a list of what our actual duties are. We do not have intentions to bring forward that fee at this time. Ms. Clark stated that the lowest franchise fee is zero (ours) and the highest is 35%. The AB939 Diversion fee is sometimes included with the Franchise fee but not always. She stated that our Diversion (recycling) is at 54%.
City Attorney Levin stated that the question is whether Haul Away is able to meet the Insurance requirements suggested by JPIA. She recommended that the Council keep these two contracts consistent and adopt the contract as proposed and that we will continue to work with Haul Away and try to help them in making sure that they can get insurance that will meet these requirements and if there continues to be a problem we will bring it back to you.
John Beliakoff stated that they have had their program in service in this City since 1992. They keep their large trucks off the problem roads. He stated that trees and brush impeding into and over the roads are a serious problem. Who is responsible for liability when the City code is not being enforced? He stated that does concern him as far as the Indemnification clause is concerned. He did concur that they move on with this agreement and if there is insurance for Pollution Liability available he thought they could purchase it. Mr. Beliakoff commented that he lives in La Habra Heights and anything of concern he sees is reported by a call being made.
George Edwardz noted that the City needs money. If the City decides to charge a Franchise tax, he asked if the haulers would pass on such a fee to the residents. They answered that they would.
Mr. Edwardz noted that the contract notes that the haulers will not oppose any Franchise fee if charged.
Council Member Baroldi moved to Adopt the agreement with Haul Away Rubbish for Solid Waste, Recyclables and Greenwaste Collection, Processing, and Disposal Services, expiring July 1, 2010. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
19. AGREEMENT WITH THE CITY OF WHITTIER FOR TRANSIT SERVICES (DIAL-A-RIDE)
RECOMMENDATION: A. That the Agreement with the City of Whittier for Transit Services (Dial-A-Ride Program), expiring May 8, 2009, be adopted.
B. That Staff be directed to analyze need for the Dial-A-Ride Program, including number of potential riders and community interest in the Program, and methods to reduce cost of the Program for the City, including the feasibility of increasing current Dial-A-Ride fares.
Management Analyst Leland reported that the City has had this arrangement with the City of Whittier since 1996. It provides door to door transit service to seniors over the age of 60 and disabled residents of La Habra Heights. Appointments have to be made. The contract was for ten years and this is for a one year extension. The reason for this is that Whittier changed their contractor last August. The service costs the City of La Habra Heights $42,168 per year. We receive Prop A incentive funds that cover about 22% of the cost and we receive a very small portion of the Dial-A-Ride fares, so La Habra Heights actually spends approximately $32,771 per year. It looks like there are only about 16-20 persons using this service, usually twice a day and are very dependent on the service.
Council Discussion followed.
City Council Member Baroldi moved to adopt the Agreement with Whittier to be extended one year and direct staff to analyze the need to continue the service and methods to reduce cost of the Program. The motion was seconded by City Council Member Millsap.
Mayor Pro Tem Vipperman stated that he was not in favor of spending this much money for so few people, although he was in favor of finding ways to reduce the cost.
Interim City Manager Clark stated that we get our Prop A incentive money once a year and if we pulled out of this service it might affect our Prop C transportation money. We need to check that.
City Attorney Levin noted that there is a 90-day termination clause in the contract and you would get back a pro-rated amount of the yearÕs money.
Council Member Millsap offered an amendment to the motion that the information be brought back in six months.
City Council Member Baroldi agreed to the amendment.
The motion was approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
22. RESOLUTION 2008-10: INITIATING PROCEEDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT 4 FOR THE FISCAL YEAR 2008-2009
RESOLUTION 2008-11: APPROVING THE ANNUAL REPORT FOR THE CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT 4 FOR THE FISCAL YEAR 2008-2009
RESOLUTION 2008-12: DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENT FOR THE CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT 4 FOR FISCAL YEAR 2008-2009
RECOMMENDATION: Approve Resolution 2008-10, Resolution 2008-11, Resolution 2008-12.
Interim City Manager Clark reported that this is the paperwork needed for levying the Citywide Street Maintenance District 4. These documents allow you to follow State law and instruct that you will hold a Public Hearing on June 12. We need to do this as soon as possible so we can get it on the tax roll.
George Edwardz suggested that due to the CityÕs financial problems and other taxes that this be suspended for one year.
Mayor Pro Tem Vipperman noted that Mr. EdwardzÕ suggestion would cause the roads to become in very bad condition. The Roads Assessment was passed by the voters of La Habra Heights.
Council Member Baroldi stated that it is a small tax and it is barely enough to keep the roads going.
Council Member Millsap noted that we did miss one year and that actually put us behind.
Council Member Baroldi moved to adopt Resolution 2008-10, Resolution 2008-11, and Resolution 2008-12. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Carroll, Millsap and Vipperman
NOES: None
ABSENT: Bergman
CITY COUNCIL COMMENTS
Mayor Carroll asked that if agreeable with everyone, they will have Public Comment before they go back into Closed Session.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Karen Vipperman stated that her understanding is that our EMTs are actually EMTDs and they would be able to do the Cardiac defibrillation, which would make the list of the differences between EMTs and paramedics not applicable in our City.
Mayor Carroll stated that they will recess to the Closed Session at 10:04 p.m. The Closed Session ended at 11:52 p.m.
Mayor Carroll stated that they have returned from Closed Session and asked the City Attorney if there was anything to report.
City Attorney Levin stated that no reportable action was taken.
Council Member Vipperman stated that he had information from Army Captain Shawn Wangoran of the 2-502 Battalion, 2d Brigade Combat Team who are supporting 221 soldiers located about 20 miles south of Baghdad. Mr. Vipperman stated that he hopes the residents of La Habra Heights will send items and letters to them. They are happy to have us as their host city.
Mayor Carroll announced that there will be a Cleanup Day at The Park Saturday, May 10, from 8:00 to 10:00 a.m.
ADJOURNMENT
Mayor Carroll adjourned the May 8, 2008 Regular City Council Meeting at 11:54 p.m.
ATTEST:
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SHAUNA CLARK: INTERIM CITY CLERK