CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
Since in the opinion of the City Council (based on the advice of its legal counsel) that there is a significant exposure to litigation against the City, the meeting was adjourned to a closed session at 6:00 p.m. to discuss real property negotiations, anticipated litigation, and existing litigation as noted on the closed session agenda. All five City Councilmembers were present.
The meeting reconvened at 7:35 p.m. and City Attorney Colantuono announced that no decisions were made or actions taken which would require reporting.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Millsap at 7:36 p.m. on Thursday, May 9, 2002, 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 Hendrickson, City Attorney Colantuono, Planning Director Brady, Acting Fire Chief Nielsen, Senior Management Analyst Orchanian, City Engineer Milano, Deputy City Clerk Coulter, and Sheriff's Department Lieutenant Ault.
3. FLAG SALUTE
At the request of the Mayor, Robert Karman led the salute to the flag.
4. PRESENTATION
á A Commendation was presented to the following "Los Compadres' Students of the Year" local high school graduates in recognition of their outstanding scholastic achievements and citizenship -- Amanda Bozovich, Kirsten Jacobsen, Natalee Phillips, Bryan Price, Michelle Ross, Naomi Sauble, and Victor Wilson. The following recipients were also noted, but were unable to attend this evening's meeting: Heather Laurich, Ashley Plant, Kailey Crosslin, and Sarah Busch.
á John Erickson, Steve Garcia, and Bill McDermott, who are the City's representatives to the Puente Hills Landfill Native Habitat Preservation Authority - Citizen's Technical Advisory Committee, provided an overview of the Committee's achievements and related activities.
á GPAC Chairman Beckman and several Committee Members reported on the GPAC's April 29, 2002 Town Hall meeting; the result of GPAC's recent survey mailer; and it was noted that an AERA representative will discuss its proposed project at GPAC's May 21, 2002 Town Hall meeting.
The City Attorney was asked to sit in attendance at the May 21, 2002 Town Hall meeting.
Patrick Mogan, Nabal Road, spoke on the City's Building Department procedures and what he believed to be missing roadway monuments.
Bill Moon, Chairperson of Parks and Recreation Commission announced plans for this Saturday's upcoming Avocado Festival being held at The Park.
Jessica Winship, representing the Lost Animals Network, spoke on the recently reported missing household pets.
Kathy Sauble, Emergency Preparedness Chairperson, reported on the Fire Department, Red Cross, and Emergency Preparedness' attendance at the May 18, 2002 Avocado Festival with information and products for public purchase.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
The April warrants in the amount of $744,568.44 were approved unanimously.
6. TREASURERŐS REPORT FOR MARCH, 2002
The monthly Financial Report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash with Fiscal Accounts - Bank of New York
á RKA Civil Engineers
á Law Firm of City Attorney
á Major Planning Projects
á Fund Activity Report
á Budget Reports
á Backup Attachments
There being no objection, the Treasurer's Report was deemed received and filed.
7. PRESENTATION OF FISCAL YEAR 2000-01 FINANCIAL AUDIT REPORT BY LANCE, SOLL & LUNGHARD
Richard Kikuchi representing Lance, Soll & Lunghard, presented the Financial Audit Report providing an overview of the financial status of the City for the year ending June 30. 2001. The City's independent auditors rendered an unqualified opinion of the financial statements. A summary of General Fund account indicated a $232,142 increase from the previous year.
Discussion ensued regarding audit procedures. Mr. Kikuchi said that a management letter will be provided to the City Council with recommendations to summarize areas that could be strengthened.
A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Carroll to receive and file the FY 2000-01 Financial Audit report. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
8. APPROVAL OF MINUTES: Minutes of a Regular City Council Meeting of
April 11, 2002
The minutes for April 11, 2002 were approved unanimously by all Councilmembers who were in attendance at said meeting.
CONSENT CALENDAR
9. It was recommended that items 9a through 9e 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.
It was requested that items 9b and 9e be pulled for separate discussion.
9a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE
9c. REQUEST BY L. A. COUNTY SANITATION DISTRICT FOR TEMPORARY ALTERNATE
A request for the City Council to approve (in retrospect) Carol Engelhardt as the temporary alternate to attend the previous Sanitation District meeting held on April 24, 2002 meeting.
RECOMMENDATION: APPROVE TEMPORARY ALTERNATE
9d. REQUEST TO FILE NOTICE OF COMPLETION
A recommendation of acceptance for work performed by L. A. Signal, Inc. and authorization to file Notice of Completion for the construction of traffic signal improvements at the intersection of Hacienda Road and Skyline Drive.
RECOMMENDATION: AUTHORIZE TO FILE NOTICE OF COMPLETION
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Engelhardt to approve staff's recommendations for items 9a, 9c, and 9d. The motion was approved as follows.
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR CONTINUED
9b. CLAIM FOR DAMAGES - MICHELLE SWANSON & CHARLES EYESTONE
Consideration of a claim against the City for negligence and lack of posted sign when daughter, Brook Eyestone, fell off the horse she was riding.
RECOMMENDATION: DENY CLAIM
City Attorney Colantuono explained that before a public agency can be sued for damages, the claimant must file a timely claim explaining the reason for the filing. In most cases the City denies such claims because payment for damages is not obviously the City's responsibility.
City Manager Hendrickson concurred, and said he has also experienced that claims for damages are mostly denied by other cities.
Councilmember Klein indicated that he would like more information on such future claims and suggested they be discussed during closed session.
Procedural discussion continued regarding this matter.
A motion was offered Mayor Pro Tem Borrowe, which was seconded by Councilmember Klein to approve staff's recommendation and deny the claim. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
9e. URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) QUALIFICATION PROCESS FOR FEDERAL FISCAL YEARS 2003-2005
The City of La Habra Heights has been invited to participate in the Los Angeles Urban County Community Development Block Grant program for its Federal FY 2003-2005 three-year funding cycle. City's funding for the next three-year cycle would begin July 1, 2003.
RECOMMENDATION: APPROVE COUNTY/CITY AGREEMENT
City Manager Hendrickson explained CDBG's rehab program for home investment loans for low-income single-family owner-occupied properties.
Senior Management Analyst Orchanian added that this evening's request is for the City to continue its participation in the CDBG funding program. The City has the option to implement the noted home investment loans under the contract proposed and based on residential low-to-moderate income levels. The City may also continue to appropriate its CDBG funds to pay for certain improvements such as its recent ADA restroom remodel at City Hall.
It was pointed out that in the past the City has sold its CDBG funds for a 60-cents-to-the-dollar exchange rate.
Mayor Pro Tem Borrowe expressed concern that the proposed agreement authorizes the County to become too involved in the City's affairs. He read item 2 of the contract:
"The City hereby authorizes the County to performÉthose acts necessary or appropriate to implement the community development and housing assistance activitiesÉ"
City Attorney Colantuono responded and quoted from the Community Development Commission's cover letter:
"Each city will retain control over funding decisions for the use of CDBG funds allocated to the city, subject to program regulations."
Councilmember Engelhardt indicated that the funds are available, and community development is not required since the money may be sold to another city.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Engelhardt to accept staff's recommendation and approve the CDBG Agreement. The motion was approved as follows:
AYES: Carroll, Engelhardt, Klein and Millsap
NOES: Borrowe
ABSENT: None
PUBLIC HEARINGS
None
OLD BUSINESS
10. APPOINTMENT OF CITY COUNCIL COMMITTEE ASSIGNMENTS
(Continued from the April 11, 2002 meeting.)
Councilmember Klein announced his resignation as the City's alternate representative to the Sanitation District.
10a. ADDED AGENDA ITEM - RELATED MATTER
Since Councilmember Klein's resignation as the alternate to the Sanitation District came to light after the posting of agenda, a motion was offered by Councilmember Klein, which was seconded by Councilmember Engelhardt to add the appointment of alternate for the County Sanitation District to this evenings agenda. The motion to add the item to this evening's agenda was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
10b. ADDED AGENDA ITEM - ALTERNATE POSITION TO THE L. A. COUNTY SANITATION DISTRICT
Councilmember Engelhardt volunteered to serve as the Alternate representative to the Sanitation District.
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
11. CHANGE ORDER NOS. 1 AND 2 FOR THE CITY HALL'S RESTROOM REMODEL PROJECT
Senior Management Analyst Orchanian presented the staff report to approve two items added to the Restroom Remodel project. She explained why the ground fault interrupt outlets and an isolation cap for the plumbing were needed.
Discussion followed and the City Council posed several questions regarding the additional $1,276 expense.
Staff was directed as follows: obtain further information regarding cost of materials and labor rates; provide explanation for changing to a GFI outlet; verify the bond requirement; quantify sizes of new valves; explain subcontractor's 15% overhead fee, $245 extended days fee, and $360 for a site foreman. Additionally, the Council questioned why the GFI outlet (a code item) was not covered under the contractor's original design/build proposal.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to table this item to obtain further information. This matter was moved to the June 13, 2002 Council agenda. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
12. CITY'S COMMISSION AND COMMITTEE APPOINTMENTS
á Planning Commission
By a roll call vote, each Councilmember, responded affirmatively that he or she was satisfied with the Planning Commissioner whom he or she appointed last year and wished for his/her continuance on the Planning Commission.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll requesting that William Hinz continue as the Alternate Planning Commissioner. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
á Parks and Recreation Commission
A motion was offered by Councilmember Engelhardt, which was seconded by Mayor Pro Tem Borrowe to move Trish Caywood from the Alternate position to the permanent Parks and Recreation Commissioner. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
Staff was directed to amend the current Parks and Recreation Commission Ordinance to increase the number of Alternate Commissioners from two Members to three Members. The three applicants were invited to participate in discussions at the next Parks and Recreation meeting.
á Emergency Preparedness Committee
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to appoint the applicant Darryl Sohm to serve on the Emergency Preparedness Committee. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
á Public Works Committee
A motion was offered by Mayor Pro Tem Borrowe, which was seconded by Councilmember Klein to accept the Chairperson's recommendation and not change current Committee Members. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to reappoint current Public Works Committee Members, and for the Committee to classify its Members to one-year and two-year terms. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
á Historical Committee
A motion was offered by Councilmember Carroll, which was seconded by Mayor Pro Tem Borrowe to appoint applicant Carl Goodart to the Historical Committee. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
á Budget Advisory Committee
A motion was offered by Councilmember Borrowe, which was seconded by Councilmember Klein to reappoint all current Budget Advisory Committee Members. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
á Wildlife Corridor Conservation Authority Advisory Committee
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to reappoint current WCCA Advisory Committee Members. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
13. CITY MANAGERŐS REPORT
14. CITY ATTORNEYŐS REPORT
15. CITY ENGINEERŐS REPORT
16. FIRE CHIEFŐS REPORT
17. SHERIFF'S DEPARTMENT REPORT
18. COMMISSION/COMMITTEE REPORTS
CITY COUNCIL COMMENTS
Councilmember Carroll invited residents to call City Hall with their opinions regarding La Habra Heights having its own Zip Code.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Millsap adjourned the meeting at 9:48 p.m.
ATTEST:
_________________________
City Clerk Hendrickson