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 (as based on the advice of its legal counsel), there exists a significant exposure to litigation against the City, the meeting was adjourned to a closed session at 6:32 p.m. to discuss four cases of anticipated litigation. All members of the City Council were present. Also present were City Manager Hendrickson and City Attorney Colantuono.
The meeting was reconvened in open session at 7:40 p.m. City Attorney Colantuono announced that during closed session the City Council voted to settle a dispute with a truck manufacturer involving the Fire Department's rescue unit. Four Councilmembers voted in favor of the settlement and Councilmember Engelhardt abstained. The Council discussed, but did not act on the claim which also appears on this evening's open session agenda (item No. 12.) The remaining closed session items did not warrant reporting at this time.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Millsap at 7:45 p.m. on Thursday, June 13, 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 Sergeant Nava.
FLAG SALUTE
At the request of the Mayor, Kathy Sauble led the salute to the flag.
4. PRESENTATION
None
Kathy Sauble, Emergency Preparedness Chairperson, discussed safety tips on how to prevent drowning accidents.
Dyanna Heiss discussed the recent Avocado Festival held at The Park.
Jill Kowalik, El Cajonita Drive, reported that the Avocado Festival is being aired on Channel 3.
Matt May, West Road, discussed what he believed to be problems with the City's view preservation process.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
The May warrants in the amount of $278,266.68 were approved unanimously.
6. TREASURERŐS REPORT FOR APRIL, 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.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Regular City Council Meeting of
May 9, 2002
Several minute corrections were noted regarding pages 1, 2, 9, 10 and 11.
The May 9, 2002 Council minutes were unanimously approved as amended.
CONSENT CALENDAR
8. It was recommended that items 8a through 8h 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.
The following consent calendar items were pulled for separate discussion: 8a, 8c, 8d, 8e, and 8g,
8b. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE
8f. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CONTINUING THE 2001-02 ANNUAL BUDGET
A Resolution to continue the City's FY 2001-02 Operating Budget.
RECOMMENDATION: ADOPT RESOLUTION 02-14
8h. CLAIM FOR DAMAGES - CRISTINA HARDEN AND EUGENE HARDEN
Consideration of a claim against the City pertaining to alleged inconsistencies in the City's building procedures.
RECOMMENDATION: DENY CLAIM
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to approve staff's recommendations for agenda items 8b, 8f, and 8h. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR (Continued)
8a. CHANGE ORDER NOS. 1 AND 2 FOR THE CITY HALL'S RESTROOM REMODEL PROJECT
Consideration for approval to add the following to the Restroom Remodel project: the installation of Ground Fault interrupt outlets and an isolation cap for the plumbing. (Continued from the May 9, 2002 Council meeting.)
RECOMMENDATION: APPROVE CHANGE ORDERS 1 AND 2
Councilmember Klein indicated that he wished to have more specific information before going forward with the change orders. He offered to meet with the City Manager, the City Engineer, and the Senior Management Analyst to review the specific cost breakdowns; and more specifically, he wished to discuss City policy regarding change orders.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to bring this item back at next month's meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
Discussion followed regarding authorization for payment. City Manager Hendrickson asked if the Council wishes to withhold the 10% final payment. Councilmember Klein responded that he is asking to hold payment on the change order charges.
Dan Castrey with Thomco Construction asked to address the Council regarding this matter. He stated that the change order bid was a lump-sum cost and did not include the breakdown of hours since the job was based on material and labor.
Senior Management Analyst Orchanian explained that when the need for GFI outlets and the plumbing cap were brought to the City Manager's attention, the project's June 30th deadline was fast approaching. Interim City Manager Diaz did not want to lose the Community Development Block Grant (CDBG) funding, and authorized the $2,175.92 additional expenditure. The GFI outlets were needed to comply with current standards (to prevent electrical shocks) and the isolation plumbing cap will avoid having to close off the entire water pipe system throughout the preschool and City offices when repairs are needed.
Councilmember Klein observed that although $2,000+ seems to be excessive for the work done, the Council has no choice in this matter since authorization to pay was given by the previous City Manager.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to reconsider the previous motion. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to approve Change Orders 1 and 2. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
8c. CONTRACT FOR SERVICES, DMG-MAXIMUS
Renewal of a contract for services with DMG-Maximus pertaining to filing claims for State reimbursement for costs associated with carrying out programs mandated by the State of California.
RECOMMENDATION: APPROVE AGREEMENT
City Attorney Colantuono reported that Proposition 13 requires that local government must be paid for new or higher level of services imposed on local government. DMG-Maximus, claims manager, handles the complex paperwork and stays up-to-date with State procedures.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to approve the agreement with DMG Maximus. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
8d. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING AN AGREEMENT OF THE COUNTY OF LOS ANGELES FOR ANIMAL CONTROL SERVICES
A Resolution to continue animal control services with L. A. County and approving a five-year agreement from July 1, 2002 to June 30, 2007.
RECOMMENDATION: ADOPT RESOLUTION No. 02-13
Senior Management Analyst Orchanian provided the staff report and explained the increased fees--noting that the County's Auditor-Controller has full authority to increase or decrease the rates charged by L. A. County Animal Control.
A motion was offered by Mayor Pro Tem Borrowe which was seconded by Councilmember Carroll to adopt Resolution No. 02-13. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
8e. AN AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE PROVISION OF PEST CONTROL SERVICES
Consideration to renew an annual contract with the County of Los Angeles - Department of Agricultural Commissioner for rodent control services at The Park.
RECOMMENDATION: APPROVE AGREEMENT
Mayor Pro Tem Borrowe asked that the City check with other rodent exterminators and compare with the County's program.
Following discussion it was agreed that staff would research this matter and report back prior to consideration of next year's pest control agreement.
A motion was approved by Councilmember Carroll, which was seconded by Councilmember Klein to approve the agreement. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
8g. PLANS AND SPECIFICATIONS FOR WEST ROAD SLURRY SEAL AND AUTHORIZATION TO SOLICIT BIDS
City Engineer Milano responded to a posed question that this would be the first time West Road would be slurry sealed noting that five years ago West Road received an overlay. Regarding crack sealing and weed killing, he said weed killing is being analyzed under separate contract by the Public Works Committee and will be done prior to the slurry seal.
Discussion ensued regarding traffic management, notice to residents, change order procedures, and quality control.
A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Klein to approve plans and specifications with the stipulation that crack seal and weed kill will be completed prior to the slurry seal on West Road. Staff was authorized to proceed with the bid process, and the motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
OLD BUSINESS
NEW BUSINESS
9. STANDARD OPERATING PROCEDURES FOR STORY POLES
Planning Director Brady presented the staff report stating that the City currently does not require the installation of story poles. Staff has prepared a procedure for the installation of story poles, and believes that story poles should be erected when an application is deemed complete and a meeting date has been set.
This matter was considered at the May 28, 2002, Planning Commission meeting, and the Commission recommended that story poles be erected when the Planning Department accepts an application for filing so that the public can review development early on in the process. The Planning Director indicated that poles may be up for a year or more if erected prior to having an application deemed complete.
Pursuant to questions posed by the Council, the Planning Director explained that typically only minimum information is provided when the Planning Department accepts an application. The City reviews the application, within 30 days determines if the application is complete or incomplete, and notifies the applicant. It is not unusual for an incomplete application to remain at the Planning Office for six months to a year after the applicant has been notified as to additional information needed. Often the application is revised following the initial process regarding height and location.
Currently, once an application is deemed complete, the project is then ready for the public hearing process and story poles are then required to be erected seven days prior to the meeting. Staff feels this is the time that story poles should be erected, noting that poles would not remain standing for an inordinate amount of time.
Mayor Pro Tem Borrowe stated that the Planning Commission wished for the nearby neighbors to know as early as possible of any potential construction. Sometimes people travel and are away for a month or longer. Under the Commission's recommendation, the returning travelers may know about a building site in time to register their concerns.
A motion was offered by Mayor Pro Tem Borrowe to accept the Planning Commission's proposal for the installation of story poles.
Steve Blagden, Planning
Commissioner, noted a correction to the procedure stating the Commission wished
for the language to read "at least 10 days" and not "within
10 days" for item 10. He stated that the primary purpose of the poles
is for the protection of the neighbors; their views, privacy and potential impact
on property values. It is better, he opined, to have story poles up for a long
time than to have a partially constructed house before neighbors notice a
problem.
Councilmember Carroll expressed concern that erecting story poles too early may provide an inaccurate impression of the construction since there are bound to be changes.
Councilmember Klein agreed and added that he does not want poles up and moved continually so that no one is sure what is going to happen. He suggested lengthening the seven-day viewing period. He wished for neighbors to feel assured that plans have gone through the City's review process when the story poles are erected.
With the idea of expanding the viewing period for story poles, discussion ensued regarding application procedure timelines and Permit Stream Lining Act requirements. The City Attorney suggested the following language be added to paragraph 10, "or as such earlier time as directed in writing by the Planning Director."
The Planning Director responded to a question posed regarding certification of story poles stating that the project architect or engineer signs and certifies that story poles are in the correct location and height. Said certification is forwarded to the City's Planning Office within 48 hours of erecting the poles.
The City Engineer responded to a posed question that the cost for erecting poles is approximately $1,000 for material, installation, and certification.
Mayor Pro Tem Borrowe believes the City Engineer should do the certification.
Councilmember Engelhardt expressed concern noting the viewing period for story poles is relatively short and people periodically report not having received a mailed notice. Discussion ensued, and City Attorney Colantuono suggested an additional option--to post a notice at the street-front property site to state that an application is pending.
Regarding the feasibility of having story poles erected 20 days prior to the meeting date, City Attorney Colantuono said, "we can probably adjust and accommodate it, but in some cases an application will get put back a month."
Councilmember Engelhardt seconded Mayor Pro Tem Borrowe's motion to accept the Planning Commission's recommendation and change the language in item 10 to read that story poles be erected no later than 10 days from accepting the application. The motion was denied as follows:
AYES: Borrowe and Engelhardt
NOES: Carroll, Klein, and Millsap
ABSENT: None
A motion was offered by
Councilmember Carroll to adopt staff's proposal and amend No. 10 that says
story poles shall be erected at least seven calendar days to read
"at least 20 days"; also post a notice at the property site as
described in added paragraph 12; and add a requirement that administrative
approval shall not be given prior to the time the story pole period has been
exhausted.
For clarification the following amended language was suggested by the City Attorney amending the proposed Standard Operating Procedure.
Paragraph 10 is to read as follows:
á Story poles shall be erected at least 20 calendar days prior to the meeting date. If the project does not require a meeting date and is processed administratively, the story poles shall be erected within 72-hours from the date of the letter deeming the application submittal complete. No application shall be approved administratively until the story poles have been erected for 20 calendar days.
Paragraph 12 is to read as follows:
á Story poles shall be accompanied by a notice of the pending application, not smaller than 8 ½ x 11" printed on bright and visible background, clearly visible from each public or private right-of-way adjacent to the property supported by 4' x 4' sheet of plywood.
Planning staff was directed to create a handout describing the requirements of the posted notice.
The motion was approved as follows:
AYES: Carroll, Engelhardt, Klein, and Millsap
NOES: Borrowe
ABSENT: None
10. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, EXPANDING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION AND AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to waive full reading and adopt Ordinance No. 244 as entitled. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AN ASSIGNMENT AGREEMENT WITH THE CITY OF WHITTIER
Senior Management Analyst Orchanian presented the staff report regarding an agreement with the City of Whittier to exchange $14,612 of La Habra Heights' Proposition A funds for $9,498 of General Funds.
A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Carroll to adopt Resolution No. 02-15 approving the agreement with the City of Whittier as noted. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
12. AGREEMENT-LETTER WITH H & W APPARATUS REPAIR, INC. REGARDING ADDITIONAL EQUIPMENT FOR THE FIRE DEPARTMENT'S LIGHT RESCUE VEHICLE
City Manager Hendrickson presented the staff report regarding Letter of Agreement with H & W Apparatus Repair to modify two trucks for the City's Fire Department. Due to the previously purchased F350 rescue vehicle being illegally overweight, the unit will be transported to H & W's factory for further modification.
The City agrees to purchase an F550 XLT cab and chassis. H & W will place the utility body from the F350 onto the F550.
Regarding the F350 truck, it was suggested that a utility bed be placed upon the F350 truck, which will then be within the allowed weight requirements. Because of the cab's configuration, the vehicle may also be used for a rescue van.
The current fire rescue vehicle will be delivered to H & W in six weeks; and the company has 90 days to complete the conversion. Work will not be finished prior to next fiscal year, and no costs are anticipated in this year's line item budget. Included in this evening's request is for the Council to authorize the proposed purchases and direct this year's funds to be reallocated to the FY 2002-03 budget.
The City Manager concluded the staff report stating that all maintenance, switching, to-and-from transportation will be handled by H & W. $45,917 was the cost reported for the F550 rescue vehicle. Regarding the utility vehicle, $5,838 was the reported cost to do the utility package for the F350 bed.
Discussion ensued regarding cost of the previously purchased rescue truck. Further discussion followed regarding the City's acceptance of the vehicle and the unit's illegal gross weight.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to approve the Letter of Agreement with H & W. The motion was approved by the following vote.
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to purchase the F550 XLT cab and chassis and approve the agreement with Pacific to convert the F350 truck and add on the utility bed at the quoted costs.
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
13. INSTRUCTIONAL AGREEMENT WITH PALO VERDE COLLEGE
Interim Fire Chief Nielsen presented the staff report regarding an agreement with Palo Verde Community College to provide funding for an in-house fire academy and other fire related classes. He stated that the Department's current program with Santa Ana College is being phased out due to a lack in State funding.
The Fire Chief wishes to continue the Department's mini academy and in-house training. Palo Verde College wishes to do a satellite education program, and agrees to pay all enrollment fees for our students. Said students will receive full course credit for instructional hours; completed units may be applied to either a certificate program in fire science or an associate of science degree program. The City is paid for each hour of taped education classes; reimbursed for each hour of training, and each firefighter receives about 200 hours of training.
Discussion continued pertaining to procedural matters.
Discussion ensued regarding insurance coverage. The City Attorney stated that the activities of the City's employees are covered by the City's insurance policy. The agents of the City who conduct the training are employees of the Fire Department, so the liability associated with their conduct would be covered.
Regarding
the contract clause on page 2 stating "we agree to indemnify, defend
with counsel chosen by PVCCD)É," The City Attorney suggested replacing chosen with "reasonably
acceptable."
A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Carroll to approve the agreement as amended. The motion was approved with the following vote.
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
14. CITY MANAGERŐS REPORT
á An update on paramedic service with the City of La Habra
City Manager Hendrickson conveyed that as a result of ongoing communication with the City of La Habra, La Habra Heights will continue paramedic services with the City of La Habra.
á ADA projects: City Hall Restroom and Park pathways
Senior Management Analyst Orchanian reported on the completion of the ADA bathroom and activities relating to the construction of pathways at The Park.
á Setting of Budget Session
City Councilmembers will forward their vacation calendars, and staff is to determine a meeting date workable for the Council.
15. CITY ATTORNEYŐS REPORT
16. CITY ENGINEERŐS REPORT
17. FIRE CHIEFŐS REPORT
18. SHERIFF'S DEPARTMENT REPORT
19. COMMISSION/COMMITTEE REPORTS
Senior Management Analyst Orchanian commended the Parks and Recreation Commission for the success of the Avocado Festival recently held at The Park.
Regarding the Youth Employment program, the Senior Management Analyst stated that Genovevo Ruiz (former La Habra Heights Fire Explorer) will work three days a week to monitor The Park. She invited the City's younger residents (16 to 21 years of age) who are interested in the program to contact her at City Hall.
CITY COUNCIL COMMENTS
The passing of longtime resident Leo Fessenden was noted by Councilmember Engelhardt. The remaining Council joined in extending its condolence to the family.
Councilmember Engelhardt reported that plans are underway to hold a La Habra Heights Volunteers' Dinner and more information would be forthcoming.
Mayor Pro Tem Borrowe spoke regarding the improved communication equipment for La Habra Heights VOP vehicle and the upcoming new VOP Member's Sheriff's academy graduation.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Millsap adjourned the City Council meeting at 11:30 p.m.
ATTEST:
___________________________
City Clerk Hendrickson