CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
As based on advice from legal counsel, the City Council finds that discussing closed session items in open session will prejudice the position of the local agency in litigation; the meeting was adjourned to a closed session at 6:30 p.m. All five Councilmembers were present; also in attendance were City Manager Lindsey and City Attorney Colantuono.
The meeting was reconvened in open session at 7:35 p.m. It was reported that no actions were taken which would require reporting regarding closed session items pertaining to existing litigation and a public employee matter.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Engelhardt at 7:36 p.m. on Thursday, June 14, 2001, at the community Center, 1245 North Hacienda Road, La Habra Heights.
2. ROLL CALL
Councilmembers present were: Borrowe, Carroll, Engelhardt, Klein, and Millsap. Also present were City Manager Lindsey, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, City Engineer Milano (arrived at 9:05 p.m.) Deputy City Engineer Gilbertson, Fire Marshal Nielson, Sheriff's Department Captain Binkley, Sheriff's Department Lieutenant Ault, and Deputy City Clerk Coulter.
3. FLAG SALUTE
The flag salute was led by Mayor Engelhardt.
4. ANNOUNCEMENTS
None
5. PRESENTATION
California State Senator Bob Margett's staff was introduced, and Council was asked regarding areas of concern.
Kathy Sauble, Chairperson for the Emergency Preparedness Committee, spoke regarding safely storing hazardous materials.
David Maislen, Flowerfield Lane, reported on the upcoming Garden Harvest at The Park. Additionally, he presented his views on Mr. Blagden's website which he opined was designed to look like it was created by the City.
Stephen Blagden, Citron Road, addressed issues pertaining to his website containing certain City-related information.
Jonlyn Baker, Leucadia Road, indicated that La Habra Heights residents need more information on how to protect themselves against Lime disease.
Fire Chief Nelson, apprised the community as to the upcoming Fire Department's fund-raiser pancake breakfast to be held on Father's Day at the Community Center.
FINANCIAL MATTERS
6. APPROVAL OF WARRANTS
The May warrants in the amount of $424,908.28 were unanimously approved.
7. TREASURERŐS REPORT FOR APRIL 2001
The Treasurer's Report consisted of:
á Cash & Investments
á Schedule of LAIF Investments
á Cash with Fiscal Accounts
á RKA Civil Engineers
á Richard, Watson, & Gershon Law Firm
á Major Conditional Use Permits
á District No. 1 Activities
á Fund Activity Report
á Budget Reports
There being no objection, the Treasurer's Report was deemed received and filed.
STANDARD MOTIONS
8. APPROVAL OF MINUTES: Minutes of a Special City Council Meeting of September 12, 2000, a Regular City Council Meeting of January 11, 2001, and a Regular City Council Meeting of May 10, 2001.
Minutes for September 12, 2000, January 11, 2001, and May 10, 2001 were approved by Councilmembers who were in attendance at the noted meetings.
CONSENT CALENDAR
9. It was recommended that items 9a through 9f be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
Items 9b, 9c, 9d, and 9e were pulled for separate discussion.
a. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS ADOPTING TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE AND AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE
Approval of Ordinance would repeal, amend, and add provisions to Title 10 (Animals) of the Los Angeles County Code; bring Title 10 into compliance with changes in State law; update to reflect current policies; make corrections and revise the fee schedule.
RECOMMENDATION: WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 241 BY TITLE ONLY
f. AN AGREEMENT BETWEEN THE CITY OF LA HABRA HEIGHTS AND THE COUNTY OF LOS ANGELES FOR THE PROVISION OF PEST CONTROL SERVICES
Consideration to renew an on-going contract with the County of Los Angeles for rodent control services at The Park.
RECOMMENDATION: APPROVE AGREEMENT
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Klein to approve staff's recommendations for items 9a and 9f. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR Continued
b. BOND(S) RELEASE FOR TRACT NO. 46591 (EPAC)
Consideration of releasing improvement securities for bonds held by the City pertaining to the EPAC Subdivision (Tract No. 46591) in compliance with Section 6 of the Subdivision Improvement agreement.
RECOMMENDATION: APPROVE STAFF'S RECOMMENDATIONS
Discussion ensued regarding performance/payment bond procedures, securities to protect the City's interest, and staff's observations that the developer had fulfilled his obligations.
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Millsap to approve staff's recommendations. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
c. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS VACATING A PORTION OF A ROADWAY RIGHT-OF-WAY IN LAS PALOMAS DRIVE WITHIN THE CITY OF LA HABRA HEIGHTS AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION
A Resolution approving the acceptance of offers to dedicate a portion of Las Palomas Drive at 2291 Canonita Drive in the City of La Habra Heights.
RECOMMENDATION: ADOPT RESOLUTION No. 01-19
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Klein to adopt Resolution No. 01-19 to vacate a portion of the road-of-way in Las Palomas Drive. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
d. CERTIFICATE OF OCCUPANCY FOR LOT 6 OF "THE RESERVE" SUBDIVISION
Consideration of a request by EPAC for a Certificate of Occupancy for Lot 6 of the Subdivision at 1335 El Paseo in the City of La Habra Heights.
RECOMMENDATION: APPROVE CERTIFICATE OF OCCUPANCY
Discussion between City Council and staff ensued regarding a previous concern of the City Council where the developer had not met a certain requirement. Deputy City Engineer Gilbertson responded in the affirmative that the developer had landscaped the slopes to the satisfaction of the Planning Director.
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Borrowe to approve the issuance of a Certificate of Occupancy for Lot 6. Staff was also authorized to issue future Certificates of Occupancy for The Reserve tract homes once approval level has been reached. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
e. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE
It was noted that the conceptual plans are to be ready on the following Monday. The Planning Director will review plans and check for compliance with height-limit standards and the view preservation ordinance.
It was decided if the architectural plans are received as indicated, Planning Director Sanderson will agendize a request for a special Planning Commission meeting for the applicant's conditional use permit. Regarding consent from the City of La Habra, Planning Director Sanderson suggested that a condition to the application be included pending La Habra's approval.
A motion was offered by Councilmember Klein which was seconded by Mayor Engelhardt to receive and file. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
10. AN APPEAL PERTAINING TO PLANNING COMMISSION'S APPROVAL OF STANDARDS MODIFICATION (SM) 2001-36
City Attorney Colantuono offered the following: Regarding the Metzgers' view lot, the Council's question should be, "Is allowing the construction of this house with its design and location substantially impairing the primary view from a view lot." Every permit issued must be in compliance with Zoning Ordinance, the City's General Plan and, in this case, also with the specific plan on site. If the Council concludes that approving this use is in keeping with the noted findings, then the City Attorney would suggest directing staff to prepare a resolution approving SM 2001-36, if not--have staff prepare a resolution to deny SM 2001-36, or the Council may conditionally grant approval.
City Clerk Lindsey concurred that notices regarding this matter had been posted as required by law. Other than the Metzger(s) and Swartzbaugh(s), no further communication for or against the matter was received.
Planning Director Sanderson presented the staff report stating that the appellant Dr. Eugene Metzger is appealing the Planning Commission's decision to approve a standards modification for a view preservation to construct a single family dwelling at Lot 9 of The Reserve subdivision at 501 Dorothea Road.
Mayor Engelhardt opened the public hearing.
Julia Kemp - attorney for the appellant, 800 So. Beach Boulevard, La Habra, stated that EPAC wishes to build a two-story home which does not contour with the natural terrain. She noted that the removal of the large hillside at across the street from the Metzgers in order to accommodate the proposed structure resulted in the demolish of the natural terrain and trees.
In the hillside management section in the Lynch Specific Plan it indicates that homes will be built to contour into the terrain and the developer will not place structures jutting up from the top of hillsides. She stated that the building, as proposed, would be in violation of the specific plan.
One of the conditions imposed by the Planning Commission requires the project to be in compliance with the specific plan as well as the City's General Plan. Page 7 of the specific plan provides the following community development policy.
á "Design all new developments to minimize impact on community character, surrounding neighborhoods, and natural features.
á The project has been designed to preserve and enhance the rural character of La Habra Heights by providing large lots in a small secluded canyon as described in the visual resourcesÉthe project will not have detrimental affect to the adjacent developments.
á Establish a gradual topographic transition between developments.
á Limit the grading to that necessary to the primary use of each lot.
á Utilize contour grading to present a round or undulating appearance blending in with the natural grade."
She asked why the Council is considering granting a developer special favors by deviating from the General Plan, Municipal Code, and the Lynch Specific Plan. The appellant requests that the standard modification be denied which, she believed, would have the developer submit a redesigned project more in line with the specific plan and less invasive to the Metzgers.
During the period for rebuttal, Ms. Kemp indicated that the appellant is not asking the Council to revisit the pad location or elevation. She opined that the misrepresentation this evening is that EPAC wishes to convey that the entire project has been approved, which she believes, is incorrect.
When the pad was approved for its elevation, it was with the understanding that the building would be a 16-foot structure contouring to the terrain, which would not allow a jutting structure. The issue before the Council this evening, she said, is an architectural issue--can EPAC build a two-story house where they placed the pad. The appellant requests that the developer be required to follow the specific plan.
Gene Metzger, 2249 Arsheal Drive, said that this ordeal has been a long process. He reported that the request to build this house was withdrawn by the developer with a promise to come back with a redesigned structure, re-orientations, and changes to try to mitigate the difficulties with neighbors. It appears that nothing has changed. In conclusion Mr. Metzger asked that the Council please consider his request and the site's surroundings.
The following residents spoke in favor of the appeal: Ann Kotea - 827 Dorothea Road, Carl Schumacher - 801 Dorothea Road, Jeff Potae - 827 Dorothea Road, Alen Boege - No. Cypress, Stephen Blagden - Citron Road.
Eric Rams, attorney for EPAC, stated that EPAC purchased the approved tract as it is today. The rough grading plans for this project was approved in 1998 and EPAC has acted within the approved plans. The attempt has been to re-orient the house by dropping the driveway four feet and there has been agreement to lower the building pad by two feet. The application for a preservation modification was supported and approved by La Habra Heights staff and Planning Commission.
Mr. Rams continued with the following observations: No significant impact was found on a principal view on any view lot and the Lot-9 structure would not significantly impair a view from any public property. Further, there is no significant cumulative impact by granting the view preservation modification. The application complies with the environmental quality act. There are no significant privacy issues; the Metzger's concerns regarding privacy can be remedied with proper landscaping which EPAC is willing to do.
La Habra Heights Municipal Code 9404.4a states that a view lot is one in which there exists a principal identifiable viewÉfurther defines a principal view as a scene not located within the immediate areaÉincludes a view of the ocean, Los Angeles or Orange County basin, San Gabriel Valley, city lights, mountains, harbor, shoreline, or off-shore island.
Code Section 9404.5a states that an applicant for a view modification must show why a proposed structure that exceeds the base measurements will not significantly impair the principal view of a property identified as having a view pursuant to Code Section 9404.4.
The Metzgers principal view is at the rear of the home which does not face Lot 9. EPAC has acted within the specific plan, but this evening's meeting is regarding a view modification application. The Metzger's home does not specifically look straight into the new residents, but rather beyond it. The rear of the Metzger's home has a panoramic view overlooking the Orange County basin, the ocean, and the Los Angeles basin; this view is not interrupted by said project.
Deputy City Engineer Gilbertson was asked to report on his research regarding previous approval of this project. He noted that in 1989 the City contracted with a different engineering company. Files indicate that several plans were presented with various alternatives for the Lot-9 pad elevation. Some showed access from the street in the development and some from Dorothea Road. Although access seemed to be a concern of the City Council, there was no condition that access be taken from a specific street. In 1997 the approved plan indicated that Lot 9 would have a pad elevation of 650 feet which removed the requirement for a 645-655-foot split pad as approved by the Planning Commission.
City Attorney Colantuono concurred with Councilmember Klein that the time to appeal the Planning Commission's decision regarding the specific plan and matters pertaining to pad elevation has lapsed.
The City Attorney continued that this evening's Council decision is for a standards modification for a view preservation. He indicated that while EPAC cannot be asked to redesign the lot; take access from within the tract; nor significantly change the height of the building pad, some leverage does exists for the design structure to preserve views. Therefore, the current Planning Commission asked that the building pad be lowered by two feet and EPAC had agreed.
Mayor Engelhardt said that the Council can decide if the requested view modification fits into the General Plan and meets the spirit of the General Plan. For clarification she explained that the General Plan encourages a variety of homes, natural terrain, houses which blend in with the setting, privacy, and large distances between homes. Regarding applying these issues with the view preservation matter, she responded that any one of the modifications of the view preservation should also conform to the goals of the General Plan.
Regarding the implication that the Metzgers own the right to preclude public access to that portion of the street, Deputy City Engineer Gilbertson stated the review of the tract map showed public access to the property line. The County's assessor's maps indicate this to be a public street. All existing easements are identified and there exists no easement on file for a private fire access to preclude the public's approach.
Mayor Engelhardt closed the public hearing.
Mayor Pro Tem Carroll said he visited Mr. Metzger's home. He believes there are three bay windows with significant views to the south. He noted that although he lives nearby and is displeased with the project, as a
Councilmember the consideration is whether or not there is a view impairment. In light of Code Section 9404.4, he feels he would be inclined to reject the appeal.
Councilmember Klein said that in previous view preservation deliberations (first as a Planning Commissioner and then Councilmember), the distant view, view blockage(s), and the primary view were the guidelines for consideration. Although the large, new house will have an impact on the neighborhood; from the standpoint of a view preservation, it does not impact the primary view.
Mayor Engelhardt stated that there are not many vistas in the Heights where the public can get a good view. Putting a two-story house on this lot will significantly impair a viewer's vista from a public property. She offered the following Code Section 9414.5:
"The specific plan provides a development framework and design which implements and furthers the goals, policies, and objectives of the general planÉ.The proposed development and design thereof will not impair the integrity and character of the neighborhood in which it is to be locatedÉ.The proposed development and design thereof will be compatible with the existing and future land uses within the community and the general area in which the proposed use is to be locatedÉ.The design of the development will be in harmony with the rural character of the community and will be planned to assure the building heights, spacing and designs respect the overall aesthetic appearance and character of the City."
The Mayor continued that the remainder of EPAC tract homes were built at a lower elevation and are apart from this house. The large, two-story square home would not look like other homes in the neighborhood. Ever since 1989, the specific plan has shown that the houses would blend into the hill. Mayor Engelhardt indicated that she would like EPAC to propose a house that fits more with the neighboring homes and the hillside terrain.
Councilmember Borrowe said that when buying property for development, it is the purchaser's responsibility to know what is allowed to be built. This project violates the City's General Plan and the project's specific plan; the developer had to know he was taking a risk. Councilmember Borrowe believes the height of the home should be reduced to a 16-foot structure.
Councilmember Millsap said since it has been determined that this section of Dorothea Road is a public street, she offered the following quote from correspondence received from the City Attorney:
"The applicant must prove that the proposed structure or addition will not significantly impair a view or vista from public property such as parks, streets, bikeways, walkways, and equestrian trails."
She concluded that the current design of the house should not proceed and suggested it be redesigned and stepped down."
A motion was offered by Councilmember Borrowe which was seconded by Councilmember Millsap to deny Standard Modification 2001-36 for a view preservation and direct staff to agendize a resolution for the July 12, 2001 meeting regarding Council's decision. The motion was approved as follows:
AYES: Borrowe, Engelhardt, and Millsap
NOES: Carroll and Klein
ABSENT: None
11. AN APPEAL PERTAINING TO PLANNING COMMISSION'S DENIAL OF TENTATIVE PARCEL MAP NO. 26006
City Clerk Lindsey concurred that notices regarding this matter had been posted as required by law.
Planning Director Sanderson presented the staff report stating that the applicant La Habra Cloister Land is appealing the Planning Commission's decision to deny Tentative Parcel Map No. 26006 to create four lots within an existing parcel. She noted that Exhibit 2 of the agenda report provides the basis for the appeal. The existing private driveway is the major issue with the tentative parcel map. The City's Code requires a minimum of 20 feet for a private driveway serving more then one dwelling, and the existing driveway varies in width from 18-1/2 to 20 feet.
City Attorney Colantuono reported on a slight difference in opinion as to Code interpretation. The grading ordinance says that with a single-lot development, the maximum slope of a driveway is 25%. With a multiple-lot development, the maximum slope of a driveway is 20%. The applicant's engineer remarks indicate that this driveway has a 25% slope.
A past practice--pertaining to land to be subdivided in common ownership where owner(s) do not own surrounding land--has been treated as a subdivision. The applicant applied the 20-foot paved access and the 25% slope standard. A literal Code reading would treat subdivided land into two or more parcels as a multiple-lot grading approval with a 20-foot wide standard driveway and a 20% slope.
The City Attorney concluded that it does not seem technically feasible to put a driveway into this land at a 20% slope without putting in retaining walls
that exceed the standards allowed by the subdivision ordinance. Therefore with the adoption of the literal reading of the Code, no subdivision of this lot would be possible.
Mayor Engelhardt opened the public hearing.
Fred Moore, representing the property owner, 2 Park Plaza, said that the appellant takes the position, as based on previous interpretations, that this project falls within the 25% maximum slope for a driveway. In 1990 when this project was originally approved, there were findings that supported the exempt status and no significant environmental impact was found. Two proposals were submitted during the recent application process recommending findings and conditions supporting the project and indications that the project is in keeping with the community's character, General Plan, and is sensitive to the surrounding environment.
.
As an offer of consideration for this evening's discussion, a three-lot parcel compromise is suggested with the idea that a smaller subdivision might ease some of Council's concerns.
He continued that the main area of concern is the 20-foot easement which accesses the property. Retaining walls would be built within the easement on both sides leaving a varied width less then 20 feet. He believed that safety concerns regarding the 18-foot access road could be mitigated and noted the following safety additions--a fire truck turn-around, a secondary fire hydrant at the bottom of the driveway, and signs and striping prohibiting parking along the driveway.
Bob Gilbert with Gilbert Engineering, project engineer, 4552 Lincoln Avenue, No. 206, Cypress, confirmed that the driveway could not conform to the City's Code for a 20-foot driveway.
Purandar Amin, property owner, 105 Aramije Street, Monrovia, offered to answer questions of Council.
The following residents spoke against the project: Dan Stracner - Cloister Drive, Carole Herzog - Cloister Drive, William Hersog - Cloister Drive, Barbara Stracner - Cloister Drive, David Maislen - Flowerfield Lane.
Recess and Reconvene
A brief recess was called at 10:37 p.m. The meeting was reconvened at 10:45 p.m. with all members of the City Council previously noted as present.
Fred More addressed resident's issues raised during public testimony.
Deputy City Engineer Gilbertson reported that grading plan approval (with a previous City Engineer) included a condition requiring further investigation of the vertical curve. The Deputy City Engineer was asked if the driveway would be safe with the vertical curve. He responded that this would be determined during the plan-check process, and most likely, this would also require the maximum 8-foot retaining walls on both sides.
As no one further wished to testify, Mayor Engelhardt closed the public hearing.
Since the private driveway cannot have a 20-foot-wide roadway and the steepness of the road poses a significant safety issue, Mayor Pro Tem Carroll offered a motion to affirm the denial of Tentative Parcel Map No. 26006 and staff was directed to prepare a Resolution as evidence of the Council's findings to be presented at the July 12, 2001 Council meeting. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
A Related Matter
Mayor Engelhardt asked for the Council's consensus to air the recent Saturday morning community roads meeting held June 9, 2001; the Council concurred.
12. EXTENSION OF CITYWIDE MAINTENANCE DISTRICT, ENGINEER'S REPORT
The Roads Committee, Chairperson, Les Williams presented objectives of the roads program. He indicated that road conditions have been evaluated and plans are being designed for maintenance and reconstruction. Current road conditions indicate that 24% of roadways are rated marginal and may need some structural reconstruction in 5-10 years.
He explained the ongoing maintenance requirements for the proposed assessment district and the need to continue with a maintenance fund. The estimated annual District III construction cost--not including administration fees--is $270,000.
Roads Committee Chairperson Williams suggested gas tax be set aside to fund major reconstruction projects which are not included in the maintenance district. The Roads Committee finds that creation of a reserve fund is desirable.
Maintaining the roads over a five-year period will minimize exposure to major reconstruction and avoid a bond issuance similar to the District I Bond.
City Engineer Milano presented the Engineer's Report and discussed services. He noted that District II has enough funds to slurry seal all the City's roads. To avoid having another major roadway construction bond in 20 years, the Engineer's Report recommends overlay of roadway areas which previously received the chip/slurry seal, and plan to continue to overlay a portion of the City's roadway on a continuing basis.
Base of assessment - a single family home that takes access off of City streets will be assessed one assessment unit. Residents taking access outside of the community will have a reduced rate. The basis of the mathematical equation is a total of 1,960.05 assessment units throughout the community.
Several assessment-unit cost options were presented and how much of the gas tax budget would need to be set aside. The City Engineer explained that GC Section 54715(a) requires the City to provide an assessment of general fund contribution or other funding sources to certain public agencies; thus the reason for including at least a $5,000 gas-tax contribution into the project.
Regarding the City Engineer's remarks as to the uncertainty of Prop C funds and removing this funding consideration from the roads budget, City Attorney Colantuono noted the following observations: A certain portion of the assessment to account for general-benefit-use needs to be included into the program. The general benefit references renters, passers-through, and others. The amount assessed for general benefit must be stepped-down from the assessment charged to property owners. Including gas tax, Proposition C, and grant contributions would, he said, serve this legal objective.
Discussion ensued amongst the Council regarding consideration of annual assessment options for a single-family-home one-assessment unit with costs ranging from $119 (with 9% contingency) to $136.87.
Pursuant to a question regarding the building of reserve funds, the City Attorney responded that the City reserves funds appropriate for this use but, money in the assessment district must be spent within its allotted time. The City Engineer said that the Roads Committee requests that gas tax funds be used for emergency-type projects that come up unexpectantly, such as storm damage work. The Roads Chairperson suggested the $136.87 assessment to allow the greatest latitude with gas-tax funds.
Councilmember Klein said his recommendation is to take the Roads Committee's recommendation to continue with the assessment district with the assessment unit cost of $136.87. He continued that five years ago the intent was to set up a system where a bond issuance would not be necessary every 20 years; and this option seems to fulfill that plan.
Mayor Pro Tem Carroll said he would like to proceed with the assessment district at the lower annual cost of $119.
Regarding adjusting the City Engineer's budget proposal, City Attorney Colantuono said the $10,000 Prop C revenues need to be re-entered and and additional $10,000 for contingency funding. He provided several options to achieve the accounting for the general-benefit consideration.
City Engineer Milano responded that he would add a line item for construction costs to reflect Prop C eligible roadway rehabilitation.
Councilmember Millsap indicated that the $17.87 difference is not such a significant consideration. She preferred the higher assessment, and noted that actions need to be taken quickly.
A motion was offered by Councilmember Klein which was seconded by Councilmember Borrowe to proceed with the Roadway Assessment District III. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
A motion was offered by Councilmember Borrowe which was seconded by Councilmember Klein to adopt a resolution to put Assessment District III for roadway maintenance with a $136.87 assessment unit fee on a ballot for property-owners voter approval. The motion was approved as follows:
AYES: Borrowe, Engelhardt, Klein, and Millsap
NOES: Carroll
ABSENT: None
City Attorney Colantuono presented an overview of the adopted resolution to proceed with an assessment ballot proceeding and discussed the legal requirements and procedures for the formation of the assessment district.
13. AWARD OF BID FOR THE HACIENDA ROAD RECONSTRUCTION PROJECT
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Klein to award the contract for asphalt concrete to R. J. Noble. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, and Klein
NOES: Millsap
ABSENT: None
14. HACIENDA ROAD TRAFFIC CALMING STATUS REPORT
It was the consensus of the City Council to receive and file the report.
15. GENERAL PLAN ADVISORY COMMITTEE (GPAC)
This item was continued to the next scheduled Council meeting.
16. WILDLIFE CORRIDOR CONSERVATION AUTHORITY APPOINTMENTS
A motion was offered by Mayor Pro Tem Carrol which was seconded by Councilmember Millsap to appoint Sherri Bray and Richard Zinsley to the WCCA Advisory Committee. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
17. SURPLUS FIRE DEPARTMENT APPARATUS AND ACQUISITION OF NEW STRUCTURE-BRUSH ENGINE AND TRUCK SUPPORT UNIT
The Council wishes to decide on this item following a joint meeting with the Fire Department to hear the Department's goals and objectives.
NEW BUSINESS
18. THE PARK MARQUEE
A policy regarding this item is to be agendized for the July 12, 2001 Council meeting.
19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AND SUPPORTING THE APPLICATION OF STATE OFFICE OF EMERGENCY SERVICES DOMESTIC TERRORISM PREPAREDNESS EQUIPMENT GRANT FUNDS.
A motion was offered by Councilmember Klein which was seconded by Councilmember Millsap to adopt Resolution No. 01-22 and authorize the Fire Chief to proceed with the application process. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
20. FISCAL YEAR 2001-2002 BUDGET
A budget study session was set for Thursday, June 21, 2001, at 6:00 p.m.
ADMINISTRATIVE REPORTS
21. CITY MANAGERŐS REPORT
None
22. CITY ATTORNEYŐS REPORT
None
23. CITY ENGINEERŐS REPORT
None
24. FIRE CHIEFŐS REPORT
None
25. COMMISSION/COMMITTEE REPORTS
None
CITY COUNCIL COMMENTS
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
ADJOURNMENT
Mayor Engelhardt adjourned the Council meeting at 12:53 a.m.
ATTEST:
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City Clerk Lindsey (010614RegCCMinuts)