CITY OF LA HABRA HEIGHTS
REGULAR MEETING OF THE
LA HABRA HEIGHTS CITY COUNCIL
JULY 9, 2008
CLOSED SESSION
á Conference with Labor Negotiator
Govt. Code ¤ 54957.6
City Negotiator: Sandra J. Levin, City Attorney
Unrepresented employee: Interim City Manager
á Anticipated Litigation
Govt. Code ¤ 54956.9 (b)
The following facts and circumstances known to plaintiff or plaintiffs regarding:
á Other: Layoff of City Employees
Govt. Code ¤ 54956.9(b) (3) (B
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Stan Carroll called the July 9, 2008 Regular City Council Meeting to order at 7:32 p.m. at the Multi Purpose Room, 1245 Hacienda Road, La Habra Heights, California. Mayor Carroll noted that they have come from Closed Session and asked City Attorney Levin if there is anything to report.
City Attorney Sandra Levin stated that no reportable action was taken.
2. ROLL CALL
Present: Mayor Stan Carroll, Mayor Pro Tem Howard Vipperman, Council Members Layne Baroldi, Brian Bergman and Tela Millsap.
Staff present: Interim City Manager Shauna Clark, City Attorney Sandra Levin, Interim Financial Services Manager Larry Schroeder, Deputy City Clerk Grace Andres, Fire Captain Craig Nuss and Sheriff Lieutenant John McBride.
3. FLAG SALUTE
Jerry Shipman led the flag salute.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Mr. Shipman reported that the Hacienda road repair plan has been completed and submitted to thirteen agencies for approval. Some of the agencies are taking more time looking at the plan. Our grant from FHWA expires in September and hopefully the plan will be approved. We were delayed because of the Transtech problems. We canÕt afford to lose this grant. Majdi may have to ask for an extension. The second item is Zone 1 maintenance and we are a month behind because of the Budget problems.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
There was no one to report for Emergency Preparedness Committee.
Mayor Carroll asked the Fire Watch members to stand up for recognition. He stated that they worked with the Fire Department in patrolling the City on July 4th.
Fire Captain Nuss reported that on Saturday the Fire Department responded to a structure fire which was extinguished in just a few minutes.
Mayor Carroll noted that there will be a Study Session with the Planning Commission and the City Council on July 15 at 6:00 p.m. on the Housing Element
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Judy Hathaway Francis announced that the Fire Watch has scheduled its first major fund raiser at ApplebeeÕs in La Habra on Tuesday August 5th from 11:00 a.m. to Midnight. She stated that the Fire Chief needs a Thermal Imaging Camera for the Fire Department. He has requested it in his grant request from FEMA, but the timing is questionable and it would be risky for the Department to wait. The LA County smaller trucks that would respond here do not carry this equipment. It is critical for locating people who are down in a fire and hot spots. Fire Watch is also working to provide a privately funded emergency alert system for both La Habra Heights and La Habra. The two cities are teamed as part of a regional Hazardous Mitigation program. Fire Watch receives no government funds. If you want further information on the fund raiser or the Fire Watch, go to www.lhhfirewatch.com. It is important that you have the green flyer in order for us to get the funds from ApplebeeÕs.
Norm Zezula stated that City Council members were not elected to impose their own personal opinion on what is rural in La Habra Heights. The definition of ÒruralÓ is stated in our General Plan. When they get into office we see whether they will uphold the General Plan or not. He noted that if we allow more impervious coverage we will become less rural. If you allow more grading you will have less natural terrain, also making La Habra Heights less rural. Allowing partial two stories to be considered a single story will affect the Views. The proposed Code Amendments will decide whether we are rural or not.
Mike McCoy, Suncrest Ct., stated his concern that the City website does not list all of the Committee Meetings and times. Do these meet formally at a regular time?
Mayor Carroll stated that they do and work is still being done on the website.
Mike McCoy stated his concern about transparency in what is going on in the City. He asked if there are sub-committees, and are they formal, do they keep minutes and can I read them? Can I know when they are scheduled? Am I invited?
Mayor Carroll commented that the sub-committee on the Budget was posted and some of the public were there and asked questions. He stated that he did not know of any other sub-committees. He stated that is the only one the City Council has created.
Council Member Millsap noted that they had appointed a Sub-Committee for the Municipal Code some time ago and the Park Master Plan Committee.
Mayor Carroll noted that Item 22 contains a complete list of Committees.
Cecelia Borrowe noted her concern that there is a lot of litigation going on in the City and a lot seems to be about employees. We have a lot of movement of employees in and out of the City. She stated her concern that people are being paid off because they threaten the City and she was not in favor of this. Ms. Borrowe commented that everyone should know where their closest fire hydrant is. She thanked Captain Nuss for his weed abatement program.
Stephen Blagden, Citron Road, stated that with the entire Staff turnover and other things going on in the City we need more residents who are interested in offering some oversight and insight on what is going on. He stated his concern of a rumor that on a very busy day, a City Council Member took a Department Head golfing. He felt that on workdays this does not send a correct message along with layoffs and budget cuts. Mr. Blagden suggested that Council Members watch Planning Commission Meetings and observe some episodes of lack of decorum and consider if there might be some action. Mr. Blagden noted that with the Planning Department laid off and a part time Planner he recommended that all projects be brought before the Planning Commission to make sure that they meet the Codes, that the Codes are working and to move things along. Post on the website a continuous update of permits issued. Weekend projects seem to be increasing.
Karen Vipperman, Parks and Recreation, spoke about the CityÕs 30th year Anniversary. She noted that they have changed the date from October 18th to October 25th so the Fire Department can be there. We will have a parade from City Hall to The Park, a DJ at The Park, free games, animals and more. We are looking for volunteers to help with this event.
Sandy Dykier, Parks and Recreation Chairperson stated that we are asking the City for at least $2500 to put this event on. We would also welcome donations for this event.
Julia Higgs, El Cajonita, spoke about grading done near where she lives without a permit about two years ago and a stop work order was issued. Now they are building a 15-20 foot high retaining wall. She notified the Sheriff and after checking, he stated that there was a permit, but there was no information on how high it could be. The Planning Department stated that the first concrete base had been approved by the Inspector so it must be okay and the owner had the right to build a retaining wall. Ms. Higgs stated that if it didnÕt follow the General Plan or Codes it could not be right. Now that the wall is up they have posts for a chain link fence on top of the wall. Grading was started again and then stopped. Why isnÕt there a list of construction going on in The Heights? Should this project have gone to the Planning Commission? Should there have been a variance or a Conditional Use Permit? Was there a grading permit for what happened this morning? Should people within 500 feet be notified? Is this project breaking the ridgeline view rules? Have they followed the side yard setbacks? Have they followed the ten foot easement for drainage? Will this set a precedent for other hillside projects?
Faith Grimm, Las Palomas, commented that one thing that is causing the City financial problem is our current Codes. Apparently the City is losing approximately $300,000 per year in permit fees. Our current Codes are full of contradictions with the General Plan and they prevent any effective remodeling and building in the City. This all affects the value in our homes. Since the Codes make it so hard to improve our homes, and affects the value of them we should be asking for our taxes to be lowered which would affect the City even more. We need to fix the contradictions, streamline the process and preserve our rural lifestyle by allowing animal keeping that has been effectively prohibited by these Codes.
6. ADMINISTRATIVE REPORTS
á CITY MANAGERÕS REPORT
Interim City Manager Clark announced that there is a Household Hazardous Waste and E-Waste disposal on Saturday, July 12, 2008 at The Park from 9:00 a.m. – 2:00 p.m. Ms. Clark stated that the situation on Encanada brought up by Ms. Higgs has been taken care of. The residents have been very co-operative. They did nothing wrong, but there will be some changes made. Ms. Clark stated that every month the Council gets a report on the different projects in the City and shows their progress. Once a permit has been issued that information is in the Planning Department. Ms. Clark noted that some people have asked that Item 22 be continued
Mayor Carroll moved to continue Item 22 on Committees to the next Regular City Council Meeting in August. The motion was seconded by Brian Bergman and approved as follows:
AYES: Baroldi, Bergman, Carroll and Vipperman
NOES: Millsap
ABSENT: None
Mayor Carroll noted that they will bring back any written testimony at that time and listen to other comments.
Council Member Millsap noted that when the project at 929 Encanada came up, she looked at her agenda packet and again this time, and the project was not listed on the project reports.
Interim City Manager Clark stated that the permit was issued in 2008 so it should have been on the report.
á CITY ATTORNEYÕS REPORT
City Attorney Levin stated that she had no report.
á COMMUNITY DEVELOPMENT REPORT
There was no report from Community Development.
á FIRE CHIEFÕS REPORT
Captain Nuss thanked the Fire Watch. Engine 71 and OES are still out on the fire line in northern California. We had plenty of coverage here for the fire talked about earlier.
á SHERIFFÕS DEPARTMENT REPORT
Lieutenant John McBride stated that they got through the 4th of July without any injuries and he presented his written report. He stated that they respond to fires, and their helicopter has a thermal imaging camera and even though it is different than the ones the Fire Department uses it could be helpful.
Council Member Millsap asked what the SheriffÕs current policy is on mail box theft and vandalism. Does a Sheriff come out for a report when we call?
Lieutenant McBride stated that they have been training with the post office the last two weeks. He stated that someone will respond.
Council Member Millsap stated that we were getting passed back and forth between the Sheriff and the Post Office. Neither one wanted to take care of it.
At the SheriffÕs station you can always talk to a Superintendent, Watch Sergeant or Watch Commander.
Mayor Carroll asked Lieutenant McBride to tell dispatch that they should always respond.
CONSENT AGENDA
It is recommended that items 7 through 15 be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action on an item is requested by a Council Member or a member of the public.
Mayor Carroll read the Item subjects. Item 14 was pulled.
Council Member Vipperman noted that there is an item on the Warrants for his wife so he will not be voting on that warrant. He also commented on Item 10 about the Pavement Management Program (PMP). He commented that the PMP states that to bring our pavement condition index up in the next five years we would be spending $1.2 million this year and we will not be spending that amount.
7. APPROVAL OF WARRANTS REGISTER FOR JUNE 2008
RECOMMENDATION: Approve
8. MONTHLY TREASURERÕS REPORT FOR JUNE 2008
RECOMMENDATION: Approve
9. CITY COUNCIL MINUTES Regular Meeting of June 12, 2008
RECOMMENDATION: Approve
10. UPDATE OF CITYWIDE PAVEMENT MANAGEMENT PROGRAM (PMP)
RECOMMENDATION: Receive and File
11. DESIGNATION OF APPLICANTÕS AGENT RESOLUTION
RESOLUTION 2008-18: A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA DESIGNATING THE CITY MANAGER AS THE CITYÕS AGENT TO THE STATE OFFICE OF EMERGENCY SERVICES
RECOMMENDATION: Approve Resolution 2008-19 designating the City Manager as the CityÕs agent to the State Office of Emergency Services.
12. RESOLUTION 2008-19: A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA DESIGNATING THE CITY MANAGER TO EXECUTE AND DELIVER DOCUMENTS FOR THE LEASE/PURCHASE OF AND STATING THE ESSENTIAL NEED FOR A FIRE ENGINE
RECOMMENDATION: Approve Resolution 2009-19 designating the City Manager to execute and deliver documents for the lease/purchase of and stating the essential need for a fire engine.
13. AWARD OF ANNUAL ROAD MAINTENANCE PROJECT (ZONE 1) AND SLOPE AND DRAINAGE REPAIRS ON SOLEJAR AND EL TERRAZA
RECOMMENDATION: (a) Award a contract to Doty Bros Equipment Co, in the amount of $461,957.04.
(b) Authorize City Manager to execute with Doty Bros Equipment Co. a contract agreement in a form approved by the City Attorney and direct staff to proceed with the project.
(c) Authorize the City Manager, in the event the lowest bidder Doty Bros Equipment Co. does not honor their bid, to award a contract to the second lowest bidder, Imperial Paving.
14. REQUEST FOR RELEASE OF RESTRICTIVE COVENANT ON PARCEL MAP 16969 (APN 8240-002-015) CASALERO DRIVE
RECOMMENDATION: Indicate a willingness to consider the subdivision of Parcel 16969 conditioned upon a recommendation from the City Engineer related to lot configuration, environmental review in accordance with CEQA, review and approval of a parcel map, and a staff report on whether relinquishing the covenants is in the best interest of the public.
Interim City Manager Clark reported on Item 14. She stated that they received a request from a property owner asking that a restrictive covenant on parcel map 16969 be lifted. This parcel is on Casalero Drive. This covenant was placed on the property in 1986 because this is an oil related parcel and it had an earthquake fault running through it. That could mean that without extensive studies you could not use the part of the parcel that was in question. The same studies that would be done today would probably be the same as if done in 1986. On the deed it was noted that Òthe City has the right to restrict development.Ó This is a very steep parcel and has a lot of problems. Ms. Clark stated that the owner doesnÕt want to go through all of the studies if the City wonÕt lift the Restrictive Covenant. She suggested that the Council indicate a willingness to consider the subdivision of Parcel 16969 conditioned upon a recommendation from the City Engineer related to lot configuration, environmental review in accordance with CEQA, review and approval of a parcel map, and a staff report on whether relinquishing the covenants is in the best interest of the public. If you deny this motion the Planning Commission will just refuse to move forward on it.
The Council Members discussed the situation.
City Attorney Levin stated that the Council has no obligation to go either way. The question before you is whether you are willing to look at the situation.
Council Member Millsap stated that she would be better able to make the decision if she had the minutes of the meeting where the decision was originally made to put the Restrictive Covenant on the Parcel.
Mayor Carroll opened the meeting for Public Comment.
Jonathan Stephens represented the Family Trust for the property for Mr. and Mrs. Andrade. He stated that they had hoped to have their two daughters live on this parcel. They did not want to use this as development. We have worked on this and Staff has been very helpful. Mr. and Mrs. Andrade already have a home on the original parcel.
Interim City Manager Clark stated that in 1986 this was a standard action.
Stephen Blagden, Citron Road, noted that in 1986 a study was done on the earthquake situation similar to how it would be done today and caused Restricted Use Covenant 50 feet on each side of the earthquake fault. In 1989 there was a letter from the former Supervisor stating that there is a hazardous gas well on the property and it is the property ownersÕ responsibility to have it properly removed. There was nothing in the file about the well site being remediated. In 1998 there was a special restrictive covenant recorded stating that no sub-divisions were allowed in return for reduction of assessments. This is separate and different from the Restrictive Covenant for earthquakes and the typical Restrictive Use Covenant for sub-divisions. Would this be in the public interest? Mr. Blagden suggested they continue this Item until the Council can see the information he has seen.
Andrea Gullo, Executive Director of the Habitat Authority, noted that this property is adjacent to breeding California Gnatcatcher habitat, which is a Federally threatened species protected by the Federal Fish and Wildlife Service and she asked that a biological report be done to analyze any impacts to this bird. She also asked that any fire clearance be contained just to this parcel.
Judy Hathaway Francis stated that at that time she was on the Council and she remembered there was a lot of discussion about keeping steep hillside lots larger so they would not create any problems for the people surrounding them. In 1987 there was the Whittier earthquake.
Mayor Carroll closed the Public Comment and brought the meeting back to the Council.
The consensus of the Council was that they need more historical information from the file and also information about the possible reduction of assessments.
Interim City Manager Clark stated that the reduction was not listed on the Title Report, so we will have to check that against the file.
Mayor Carroll reopened the Public Comment.
Stephen Blagden stated that the Restricted Covenant asking to be removed is not the one on the Planning Commission Resolution, but the one recorded in 1998 that recorded assessment reduction.
Interim City Manager Clark stated that the question in the ownerÕs mind is if he can sub-divide the lot.
Jonathan Stephens stated that they will look at everything and will bring back any information that they can find. We have updated information on the fault setback.
Mayor Carroll closed the Public Comment.
Interim City Manager Clark stated that their decision has to do with the subdivision.
Council Member Baroldi moved to continue Item 14 until the August 14th Council Meeting. The motion was seconded by Council Member Bergman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
15. FISCAL YEAR 2006-07 ANNUAL FINANCIAL AUDIT – MAYER HOFFMAN MCCANN P.C.
RECOMMENDATION: Receive and file the 2006-07 annual audit for the City of La Habra Heights, completed by Mayer Hoffman McCann P.C.
Council Member Baroldi moved to approve Items 9 through 15, except Item 14. The motion was seconded by Council Member Millsap and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
PARK MASTER PLAN
16. PRESENTATION REGARDING PARK MASTER PLAN COMMITTEE BY CHAIR FAITH GRIMM AND VICE-CHAIR PAM MCVICAR (CONTINUED FROM JUNE 12, 2008)
RECOMMENDATION: Receive and file.
Mayor Carroll congratulated Pam McVicar for becoming the new President for the Improvement Association.
Faith Grimm, Chairperson of the Park Master Plan Committee asked that the Council drop their Committee member numbers to 16, keeping the Community Group numbers as they are. Drop the ones not filled and keep open one place for a Parks and Recreation Member and one place for a Citizen at Large. That will lower the number for the quorum to nine. We have determined that it will take twelve more meetings to finalize our Plan. We would like to see that the Park Master Plan Committee be exempt from any restructuring. We welcome Council guidance and citizen input. She stated that their next Regular Meeting will be on August 11th.
Council Member Bergman moved to receive and file the report. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
17. PARK MASTER PLAN COMMITTEE RESTRUCTURE (CONTINUED FROM MAY 8, 2008 AND JUNE 12. 2008)
RECOMMENDATION: Two approaches were discussed at the May 8, 2008 meeting:
(a) That the requirement of membership affiliation be removed from the Park Master Plan Committee and that the committee be allowed to designate the committee size and membership from among 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.)
AND
RECOMMENDATION: New motion added by Interim City Manager Clark after May 12, 1008 Park Master Plan Committee Meeting:
(c) In order to budget for staff time and materials, invite the Park Master Plan Committee to submit a work plan to the City Council, which describes the scope of their planning efforts and estimates the time frame for completion.
Interim City Manager Clark explained that the Brown Act does not require that the meeting be televised or recorded. That is a policy decision.
Mayor Pro Tem Vipperman moved to approve Item 17 with the following Community Groups:
2 Park and Recreation Committee
3 LHH Improvement Association
3 Highland Riders
1 Garden Harvest
1 4H Club
1 Lost Animals/Greyhound Rescue
1 Senior
1 Fine Arts
3 Residents at Large
16
Along with Recommendation (c) to meet twelve more times.
Pam McVicar explained that they picked 12 more meetings because they are not a standing Committing and if they are not quite done after 12 meetings, then we will ask for how many more would be needed. We want to complete our project and then go away.
Faith Grimm noted that we have worked very well together as a Committee. We get a lot of feedback from people watching our meetings.
The motion was seconded by Mayor Carroll and approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
Pam McVicar announced that Music in the Park is every Wednesday from 6:30 – 8:30 p.m. until August 27th. It is put on by the Improvement Association at no cost to the public.
CITY MANAGER
18. FISCAL YEAR 2008-2009 BUDGET
RESOLUTION NO. 2008-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING AN OPERATING AND CAPITAL BUDGET FOR SAID CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2008, AND ENDING JUNE 30, 2009, AND APPROPRIATING FUNDS FOR PURPOSES THEREIN SET FORTH
RECOMMENDATION: Approve the attached FY 2008-09 Budget Resolution 2008-20, read by title only, and waive further reading, implementing the FY 2008-09 Budget.
Interim City Manager Clark explained that there are three parts to this presentation and four phases to the Budget:
1. Preparation: Finance, Staff, Budget Committee
Historical Analysis, Research and Review economic conditions, Input from the Finance Review and the Budget Sub-Committee, and project Subventions and Grants. They also work on Preparation Goals. Adoption: City Council Public Hearing
2. Adoption: City Council Public Hearing
The Council will adopt the Budget tonight. The City Manager/Finance Manager will present recommendations for closing budget gap and answer questions. There will be public input and Council may make any changes at this time.
3. Execution: City Manager/Finance
Adoption does not authorize expenditure, City Manager/Finance Manager will monitor and approve expenditures throughout the year and we will implement new approaches to expenditure accountability. We will have monthly expenditure reports from all Departments and create an Audit Committee which will give the Council more control.
4. Audit: New firm with Audit Committee Oversight
There will be a new Audit Firm, the Audit Committee will consist of the Treasurer and two members of the Council and will oversee financial items brought up in the Audit.
ABOUT THE BUDGET
Mayor Carroll noted that Larry Schroeder has just received his PHD at La Verne.
Interim Financial Services Manager Larry Schroeder stated that the FY 2008-09 Budget has no changes from what was presented to the Budget Committee except for a $20,000 reduction in spending for soil mitigation at West & Hacienda, a layoff in the Fire Department, a $22,000 reduction in Fire Expenditures, and a reduction of $7,800 to the Health Insurance account in the Fire Department. The Budget is presented at $8,114,983 as compared to the projected FY 1007-08 as $6,383,030. He stated that two Capital Expenditures, for which there are corresponding revenues, would be $402,966 lower than last year. Mr. Schroeder noted the six main items that have increased the Expenditures for FY 2008-09. The difference between FY2008-09 between Expenditures and Revenues is a General Fund deficit of $51,972. Mr. Schroeder stated that there are some funds that were collected in previous years that will be spent in the FY 2008-09.
Interim City Manager Clark noted her goal for overbalancing the Budget by $100,000 as we may lose the COPS money which is for supplemental SheriffÕs services. We cannot lower our service from the SheriffÕs Department. We could also lose some Property Tax money and Vehicle License Fees and possibly some Gas Tax. We have also talked about closing the General Fund gap of $40,526 and Fire Department gap of $11,446 for a total of $151,972. Ms. Clark offered some suggestions of items that we could use to reduce, eliminate or appropriate from reserves. Ms. Clark explained what would be easiest to eliminate or partially do.
AC Fire/CDD/MPR $85,000 (To eliminate MPR would cut in half)
Roofing Fire/CDD City Hall $40,000
West/Hacienda Environmental $40,000
Granicus/Questys Legistream $37,851
Fire Deficit: take from reserves $11,445
Misc. reductions to departments $13,200
Total $227,697
Mayor Carroll opened the meeting for Public Input.
Stephen Blagden spoke on revenue items and stated that development should bear its cost with Impact Fees. Without Impact Fees, existing residents are paying for impacts and that is not fair. He did not approve of commercial development of Harbor Blvd. If considered it should be by a vote of the residents. If expenses have been cut to the bone, give an option of paying an assessment to provide the same revenue. Mr. Blagden recommended doubling or tripling The Park building Rental Fees. If the number of renters falls by less than current amounts weÕll have more revenue, less costs and ability for the residents to use the gym. Skip the air conditioning for this room.
George Edwardz stated that he was a citizen on the Budget Committee. Many of the problems in our Budget were created by the Hacienda/West project. The money spent until till now on that project was estimated at over $l.4 million to try to force a New City Hall on the Community. As a result, we have raised the Fire Tax 6% with no increase of service, no increase on the East side and the deletion of the Fire Marshal. We have new taxes to consider totaling over $575,000. The problems are all caused by mismanagement by the City.
Faith Grimm commented that the Emergency Preparedness Committee has been under funded traditionally and they will need every dollar they can get. Do not cut funding to Emergency Preparedness.
Norm Zezula noted that the Emergency Preparedness Committee should not have their money limited more.
Interim City Manager Clark explained that there will be no effect on the Emergency Preparedness Committee (EPC) Budget. What we are deleting is what the City was duplicating when they thought the EPC should be handling it.
Norm Zezula thanked the City Manager for her explanation.
Mayor Carroll closed the Public Comment and brought the meeting back to the Council.
Interim City Manager Clark commented that she did not think $1.4 million had been spent on the Hacienda/West property. She thought it was nearer to $60,000. Ms. Clark stated that she could not speak for the time before she was here, however she did not believe this is what is driving the CityÕs problems.
Interim City Manager Clark continued with information on Long Term Considerations for the City. This covers Lack of Revenue Diversity, Rising Costs and Infrastructure/Facility Needs. Ms. Clark showed a graph of General Fund Revenues and stated that we are more and more dependent on Property Taxes as the other revenues are not growing. We are gradually becoming less diverse over time. She next presented a graph of General Fund Expenditures which cover General Services which has grown a lot over the years and we cannot control. Costs for Building, Plan Check and Engineering have declined along with the Revenues for these items although not as fast as the Revenues. Costs of Administrative Services have gone up a lot, the last cost is the cost for Sheriff Services and we cannot reduce these rising costs.
Ms. Clark explained that there are Cost Considerations that we have not dealt with:
á City lacks effective storm water run-off system
á Sheriff costs rise and revenues do not keep pace
á Funding needed for Park/Trail Improvements
á Gym needs maintenance
á Street Assessment Zone 1 short by $220K + costs for asphalt are rising
á No funds for Fire Station unless drawn from reserves
á Fire Dormitory needs major repairs and upgrades
á City Hall and CDD/Fire need electrical upgrades and maintenance; asbestos removal, plumbing, etc.
á Lack vehicle/equipment replacement plan for Fire and Public Works
á Proactive building permits and code enforcement lacking
á Staffing levels very low – reduced turn-around; research, staff reports, Council, public inquires and public records requests
á Development code implementation sections have not been completed and inserted into documents
Ms. Clark noted possible Revenue Sources that she has looked into:
General Utility Tax or $320,000 (would have to go to the voters)
Special Utility Tax $320,000 (would need a 2/3 vote from voters)
Franchise Fee – Refuse $120,000
Increase Street Assessment $200,000
Various Impact Fees $100,000
Development Fee Increase $ 50,000
Ms. Clark stated that she was also asked to speak about other sources that she has not researched:
¤ Misc. fee increases; park rental, encroachment permits, street cut permits
¤ Increased recovery of costs; paramedics, planning, building and weed abatement
¤ Yearly septic license fee – collections dedicated to storm water run-off long term solution
¤ Pursue commercial opportunity on Harbor Blvd.
¤ Consider annexations (e.g. east side SCE site)
Interim City Manager Clark stated that tonight she is just asking the Council to close the Budget gap and give us a balanced Budget that we can adopt.
Public Works Manager Bruce Barrette noted that all of the roofs are leaking and need replacement.
Interim City Manager Clark suggested that they take roofing off and bring it back at Mid-Year Budget consideration.
The consensus of the Council was to eliminate air conditioning in the Multi Purpose Room and take off the West/Hacienda Environmental cost, wait to decide on the Granicus/Questys Legistream until we consider it as the next Item, Leave the Fire Deficit to come from reserves and leave the Miscellaneous reductions to departments.
Interim City Manager Clark suggested that they take the rest of the Air Conditioning out and bring it back at the Mid-Term Budget consideration.
Mayor Pro Tem Vipperman suggested they use street impact fees, Park Improvement Impact Fees, and Grading Impact Fees on people building new houses here as a source of added revenue.
Interim City Manager Clark stated that as a pre-requisite to adopting impact fees, we have to do a nexus study to prove that we have a reason for collecting the fees and improve on our internal cost accounting system, so they will not take effect right away.
Council Member Millsap asked if we would lose any funding if we stopped Dial-A-Ride and Airport Shuttle service.
Interim City Manager Clark answered that if we stop Dial-A-Ride our Prop ÒAÓ money would be in jeopardy. If we do away with the Airport Shuttle, we lose no money, but we do pay for it out of our Prop ÒCÓ money.
Council Member Bergman moved to approve the FY2008-2009 Budget and adopt Resolution 2008-20 with the revisions listed in the total amount of $178.200 and that would reduce the General Fund Expenditures in the Resolution total and the total of all Expenditures in a corresponding amount. The motion was seconded by Mayor Pro Tem Vipperman.
Council Member Millsap stated that she would like to address the PERS ongoing Medical for former staff and Council before the Mid-Year Budget consideration. We also need to discuss how we are going to support some of the other expenditures for projects.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
19. PURCHASE OF GRANICUS AND QUESTYS LEGISTREAM SOFTWARE
RECOMMENDATION: (a) In accordance with Municipal Code Section 2.8.10 find that the selection of the Granicus and Questys-Legistream systems is justified without competitive bids because the systems are uniquely qualified to address the CityÕs needs.
(b) Authorize the Interim City Manager to purchase the Questys-Legistream and Granicus packages for the total amount of $37,851, pursuant to contracts or documentation in a form approved by the City Attorney.
(c) Appropriate $37.851 from the General Fund balance to Account 01-14-09-9035 for this purchase.
Interim City Manager Clark explained that this is a request to purchase two types of systems, the Granicus and the Questys-Legistream. Granicus is an online service that coordinates with the taping of meetings to provide Item-by-item playback. It would be posted on our website. The Questys-Legistream part improves work flow in agenda and minute preparation and integrates with Granicus to provide keyword search of documents and video segments. The agenda and all of the documentation which supports each item will be put into an electronic file. For the public, all of this information will be available at the time the agenda is posted. This will increase efficiency and customer service. Action Minutes will be done at the time of the meeting so no one will have to wait. This does not include the Planning Commission. At present it would only cover the City Council Meetings. Joe Geissinger brought this idea to us. Calabasas uses this system. There is a one time cost of $37,851 for the system and an annual cost for both systems of $10,496.
Mayor Carroll called for an intermission at 10:34 p.m. and reconvened at 10:47 p.m.
Interim City Manager Clark continued, saying that this system will save a lot of staff time and provide information for everyone at the same time and improve transparency.
Mayor Carroll opened the meeting for Public Comment.
George Edwardz noted that Ms. Clark stated that this system would increase transparency as to what the City is doing. The Council must decide if this is what they want. He commented that some time ago he offered to present the Council Meetings ÒliveÓ free of charge and was turned down. Anyone voting no does not want transparency.
Mayor Carroll asked if Mr. Edwards was still willing to fund this.
Mr. Edwards stated that he could fund putting it on TV, but not on the internet.
Interim City Manager Clark stated that this would not be live on cable, but would be available on the internet with this system.
Stephen Blagden. Citron Road, stated that it will be a big saving in efficiency and the residents will be able to see what goes into the meetings. Mr. Blagden stated that the minutes we are getting now are also helpful in finding where we want to go in the meeting. With action minutes you do lose that benefit.
Judy Hathaway Francis spoke in favor of this system especially when you are traveling. She noted that the older type of minutes help with more detail of what went on in the meetings.
Mayor Carroll closed the Public Hearing and returned the Meeting to the Council.
Interim City Manager Clark estimated that they would probably save 1 hour per day on public record requests.
The consensus of the Council was that this system would be very helpful even considering the cost, with Mayor Carroll asking to postpone it until the Mid-Year Budget time.
Council Member Baroldi moved to approve the Granicus and Questys-Legistream systems and authorize the Interim City Manager to purchase them for $37,851, pursuant to contracts or documentation in a form approved by the City Attorney. The motion was seconded by Council Member Bergman and approved as follows:
AYES: Baroldi, Bergman, Millsap and Vipperman
NOES: Carroll
ABSENT: None
20. MODIFICATIONS TO ARTICLES 7, 8, AND 12 OF THE DEVELOPMENT CODE – FIRST READING OF ORDINANCE 2008-07
ORDINANCE NO. 2008-07: AN ORDINANCE OF THE LA HABRA HEIGHTS CITY COUNCIL AMENDING CERTAIN PORTIONS OF ARTICLES 7, 8, AND 12 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING VARIOUS CHANGES TO THE MUNICIPAL CODE
Interim City Manager Clark noted that in 2007 an Ad-Hoc Municipal Code Committee was formed to search out inconsistencies, mistakes, overlaps and unnecessary restrictions within the development code and make improvement suggestions. In 2008 staff assembled proposed Municipal Code changes.
After deliberation the Planning Commission recommended changes for the Council.
The Commission considered Minimum parcel size and dimensions, Exempting swimming pools from hardscape, Exempting the portion of a driveway 12 feet wide that exceeds 35 feet in length from hardscape, Establishing Standards Modifications for additional access points, Extending the one-year Approval Time Frame to two years and providing that the applicant may request an additional one-year extension, They clarified some definitions for Retaining Walls, Single Story Structure and approved the changes they wanted to see. On May 22, 2008 the Municipal Code Committee took more public testimony and suggested that the Planning Commission make changes to the Swimming Pool and Driveway exemptions:
The Swimming Pool exemption would be changed to read: ÒSwimming Pools of less than ÔXÕ square feet shall be exempted from hardscape.Ó And:
Change exemptions for Driveways by inserting language that says: ÒWhere there is a driveway of ÔXÕ the Planning Commission has the authority to grant a Standards Modification.Ó
On May 27, 2008, the Planning Commission approved Resolution 2008-10 incorporating all of their April 22, 2008 recommendations to be forwarded to the Council for review. They did not discuss the modifications suggested by the Development Team on May 22, 2008.
On June 24, 2008, the Planning Commission received the May 22 recommendations of the Municipal Code Committee in the form of a Staff Report and the Commission opted to reaffirm their April 22, 2008 decision and requested that the City Attorney place the Code Modifications in Ordinance form on the July 9, 2008 City Council agenda.
Ms. Clark recommended that the Council waive first reading of Ordinance 2008-07 amending portions of Articles 7, 8, and 12 of the La Habra Heights Municipal Code and continue the Ordinance to the regular meeting of August 14, 2008 for public hearing and final adoption.
Mayor Carroll opened the Item for Public Comment.
Julia Higgs noted that property rights are very important, but Public Safety and Welfare should not be overridden for a CUP issue such as a swimming pool. We do have a high water table in the area of El Cajonita and the culverts for drainage are not well taken care of and cause problems with water runoff. Impervious coverage does make this worse. Impervious coverage should not be increased to the detriment of others.
George Edwardz noted that 7.17.40 W changes the minimum parcel size on newly created lots from one acre to three-quarters of one acre.
City Attorney Levin explained that this does not change the minimum lot size from one acre. This is merely a formula to prevent long skinny lots and requires that 75% of the area of the lot be contained in a compact space of the lot. That would be ¾ of an acre, but the whole lot size must be one acre.
Stephen Blagden commented that the Oil Company property on Las Palomas has problems and one of the biggest is that they did not properly analyze the drainage issue so they could build more. Mr. Blagden stated that at the May 22nd Code Committee Meeting, direction was given to Staff on four items. Eliminate the Turf Block in consideration of an exemption from hardscape for required Parking Spaces; add that for consideration as a Single Story structure, at least 80% of the structure must be below 16 feet in height; add additional findings to allow or allow for Standards Modification limit for driveways with true hardships; and set an upper limit on the area of a pool that can be exempted from hardscape. Mr. Blagden noted that the Staff Report for the June Planning Commission Meeting left out the first two and the other two were unrecognizable from the Code Committee directions.
Norm Zezula stated that nearly every code change favors developers rather than our rural character. Many violate our General Plan and promote overdevelopment of our steep hillsides. They would retroactively change the past 30 years of approvals and conditions on properties. These decisions were made for protection of residents. He mentioned the changes on Grading and Hardscape and what is considered One Story on a hillside. Do any of these code changes advance any General Plan Goals?
Mayor Carroll closed the Public Comment and brought the meeting back to the Council.
Mayor Carroll asked that on Section 7.14.40 W on Parcel Size and Dimensions that they add in brackets, Ò3/4 acreÓ.
After discussion of Section 12.2.10 on Single Story, the consensus of the Council was to leave this section as it is and report back six months after implementation to see if there is any problem with it.
The Council next considered Section 8.3.50 on Extending the one-year Approval Time Frame to two years and an additional one-year extension to the applicant.
Interim City Manager Clark stated that economic conditions can extend how long it takes to complete a project. She stated that it was not recommended that an applicant would request an extension ten days before their time expires. This request was by Mr. Blagden.
Council Member Millsap stated that she did not think ten business days was unreasonable as it gives staff time to handle it.
City Attorney Levin stated that the applicant does have to apply for an extension before the expiration date.
The consensus of the Council was to accept Section 8.3.50 as presented.
The Council next considered. 7.17.40 H on Access and Parking Surfaces.
City Attorney Levin explained that at the Development Team Meeting their recommendation was to handle this with a Standards Modification rather than a blanket exemption.
The consensus of the Council was to accept the Planning Commission view to have a blanket exemption subject to a review after 60 days of use.
The Council next considered Table 7-12 of Article 7 of the Municipal Code for Parking and Access Standards and the consensus of the Council was to add this row of information to Table 7-12.
The Council next considered Section 7.17.40 B on Exempting Swimming Pools from hardscape.
City Attorney Levin stated that in sub-section 1, the last three words are a typo. She stated that the question is do you want to exempt swimming pools from hardscape and if so, to what size. The Development Team and the Planning Commission agreed on exemption.
After discussion the consensus of the Council on Swimming Pools being exempted from being counted as hardscape, was to change the last line of the definition to read: ÒThe area of a swimming pool capable of accepting ¾Ó of additional water shall not be counted as hardscape.Ó No size limit was added.
City Attorney Levin commented that it needs to be decided what impact we want these code changes to have on previous approvals. Unless there is specific direction in the Code Amendment on the subject we would have to go back to each approval and try to figure out what was intended at that time. You could include in the Ordinance wording that says ÒThis Ordinance shall not apply to existing approvals and existing approvals have to be interpreted under the code prior to this Ordinance.Ó Ms. Levin suggested that they do not put the extra language into the Ordinance, but that they take it on a case by case basis, look at the approval and if it was stated that development on the lot has to comply with the code, it will have to comply with the current code. If the approval says that development cannot exceed impervious standards and no modifications can be allowed, it would mean the standards in existence at the time of the approval. We will have to do that anyway.
The Council discussed Exhibit 1, Section 7.17.40 B Item 2.
City Attorney Levin stated that having Agricultural grading recorded against the property is to protect the City and future buyers. She noted that the covenant can be removed by agreement with the City.
The consensus of the Council was to leave Item 2 as it is.
Mayor Pro Tem Vipperman moved to adopt Ordinance 2008-07 and waive first reading of the Ordinance amending portions of Articles 7, 8, and 12 of the La Habra Heights Municipal Code and continue the ordinance to the regular meeting of August 14, 2008 for public hearing and final adoption. The motion was seconded by Council Member Baroldi.
Council Member Millsap commented that she does not agree with all of the changes, but will vote for adoption to move things forward.
The motion was approved as follows:
AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman
NOES: None
ABSENT: None
CITY CLERK
21. 2009 GENERAL MUNICIPAL ELECTION VOTING EQUIPMENT AND ELECTION DATE OPTIONS (CONTINUED FROM JUNE 12, 2008)
RECOMMENDATION: (a) Continue to use the punch card system for the 2009 General Municipal Election.
OR
(b) Authorize the purchase of an Opti-Mark Ballot counter at a cost of $16,000.
OR
(c) Direct the City Attorney to prepare the necessary ordinances to hold General Elections in April of odd-numbered years and direct the City Clerk to secure the rental of the Opti-Mark Ballot counter for April 2009.
Interim City Manager Clark explained that this is to provide the City with three choices for the March 2009 General Election. There were problems caused by misalignment of the punch cards last year. 2009 will probably be the last time the punch card system can be used, so we will need to buy something different in the future. If we keep the Punch Card System we will pay $3,000 for the ballot counter rental and programming. If we want to address the future now we can either buy or rent the Opti-Mark system. If we change all elections from March to April we will be able to rent the system. She stated that the cost for choice B would be $16,000 plus $1,000 per election to program and operate. The cost for choice C would be the charge for the Attorney to change the date plus $3500 each election for the rental and $500 per election. The benefit of the change of date would be that the filing date for a March election would be during the holidays and the filing date for April would be in January. It would go into affect in April 2009.
George Edwardz stated his concern that in effect three of the Council who vote on this Item would be voting to give themselves an extra month of service.
Interim City Manager Clark stated that if the election time is changed to April it will give all Council Members an extra month.
Mayor Carroll returned the meeting to the Council for discussion.
Council Member Millsap moved to follow recommendation ÒAÓ to proceed with the existing punch card system. The motion was seconded by Mayor Pro Tem Vipperman and approved as follows:
AYES: Carroll, Millsap and Vipperman
NOES: Baroldi and Bergman
ABSENT: None
Item 22 was continued.
CITY COUNCIL COMMENTS
Mayor Pro Tem Vipperman commented that the City had a great 4th of July with the work by the Fire Department and the Fire Watch helping the fire Department.
Mayor Carroll thanked staff for all of their hard work.
Council Member Bergman asked that the issue brought up about PERS be put on the Agenda as soon as possible.
Interim City Manager Clark stated that we would have a report on that at the August 14th Agenda if we are able to talk to PERS about it by then.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
George Edwardz thanked the Mayor for his positive comments on the Fire Watch. He stated that it would be nice if the City reported just how much has been spent on the Hacienda/West site, including how much was paid to Kelly Needham. It also came up at the Budget meeting that we are still paying PERS benefits for some past City Council Members.
Mayor Carroll stated that it would be good to have an accounting of what has been spent on Hacienda/West until now. Not a special Audit, but tied into the Annual Audit.
City Attorney Levin stated that it would be the purchase price plus all of the Consultants costs.
Interim City Manager Clark stated that they would not be able to go back now and figure the cost of StaffÕs time.
City Attorney Levin stated that she would confirm that she is able to give names, and stated that Health Benefits are no long available for City Council members.
ADJOURNMENT
Mayor Carroll adjourned the July 9, 2008 Regular City Council Meeting at 12:40 a.m. to the Special Study Session on July 15, 2008 at 6:00 p.m.
ATTEST:
__________________________________________-
SHAUNA CLARK: INTERIM CITY CLERK