CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
Based on the advice of its legal counsel and the below described facts and circumstances, the City Council felt there was significant exposure to litigation against the City. The meeting was adjourned to a closed session at 6:30 p.m. to discuss litigation and labor negotiations as noted on the closed session agenda. Except for Councilmember Engelhardt, all Councilmembers were present. Also present were City Manager Hendrickson and City Attorney Colantuono.
á Southern California Gas Company v. City of Santa Ana
á Eastburn v. Regional Fire Protection Authority
á Topsail Court Homeowners Association v. Soquel Creek Water District, et al.
á Conference with Labor Negotiator
The meeting was reconvened in open session at 7:39 p.m. with all Councilmembers previously noted as present.
City Attorney Colantuono announced that during closed session the City Council chose to support two amicus briefs pertaining to 1) Southern California Gas Company v. City of Santa Ana, and 2) Eastburn v. Regional Fire Protection Authority. No action was taken regarding 3) Topsail Court Homeowners Association v. Soquel Creek Water District. Regarding item 4) Labor Negotiations, the Council decided to table this item to another meeting when all Councilmembers were anticipated to be present.
1. CALL MEETING TO ORDER
A regular meting of the La Habra Heights City Council was called to order by Mayor Millsap at 7:40 p.m.
2. ROLL CALL
Councilmembers present were: Borrowe, Carroll, Klein and Millsap. Councilmember Engelhardt was absent and officially excused. Also present were City Manager Hendrickson, City Attorney Colantuono, Planning Director Brady, Senior Management Assistant Orchanian, Acting Fire Chief Nielsen, Deputy City Clerk Coulter, Sheriff's Department Lieutenant Ault and Sheriff's Department Deputy Bickle.
3. FLAG SALUTE
Park Ranger Ken Hughes, with Puente Hills Native Habitat Conservation Authority led the salute to the Flag.
4. PRESENTATION
Puente Hills Native Habitat Conservation Authority's Park Ranger, Ken Hughes, discussed community services provided by the Authority.
Rann Millar with the Alzheimer Association presented an overview of the Association's programs and its upcoming October 5, 2002, three-mile Memory Walk.
The GPAC Committee Members reported on having completed the Committee's draft for the City's General Plan Update.
Kathy Sauble, Chairperson for the Emergency Preparedness Committee, discussed rescheduling a CPR class and asked residents to let her know what type of training classes the community would like to have.
Katie Martin, Reposado Drive, President of the La Habra Heights Improvement Association, thanked the Fire Department for its participation in the Association's 911 Tribute.
Norman Zezula, Canonita Drive, spoke on his displeasure with a citywide newspaper mailer called The Viewpoint.
John Nielsen, Interim Fire Chief, thanked the Improvement Association for its kitchen-supply contribution to the Fire Department. Also he thanked the Hacienda Golf Club and community churches for their generous donations. He spoke favorably regarding the two City Managers he has worked with during his tenure as the City's interim Fire Chief. The men and women who work for the Department, he opined, are amongst the best in the nation. He also noted the good-working relationship between the Sheriff's Department and the City's Fire Department.
Bob Karman, Encanada Drive, thanked the City Council for the opportunity for having served on GPAC in working on the City's General Plan Update.
Dave Maislen, Flowerfield Lane, reported on roof work performed by a Planning Commissioner for which he believed a permit should have been pulled prior to commencing the project.
Stephen Blagden, Citron Road, disagreed with Mr. Maislen's opinion. He noted that his permit was pulled in a timely manner.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
The August warrants in the amount of $450,484.80 were approved unanimously.
6. TREASURERŐS REPORT FOR JULY, 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 Balance Sheet
á Actual Revenues vs. Budget
á Actual Expenses vs. Budget
á Backup Attachments
Since there were no objections, the Treasurer's Report was deemed received and filed.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Regular City Council Meeting of March 14, 2002, a Special City Council Meeting of June 13, 2002, and a Regular City Council Meeting of July 11, 2002.
Page 4 of
the March 14, 2002 minutes were corrected to have Mayor Pro Tem Borrowe
read "Mayor Pro Tem Carroll." With the noted amendment, the minutes
for March 2002, June 2002, and July 2002 were approved unanimously.
CONSENT CALENDAR
8. It was recommended that items 8a through 8c 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.
8a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: Receive and File
8b. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS REPEALING ORDINANCE NO. 239 IN ITS ENTIRETY AND AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE REGARDING DEVELOPMENT AND REDEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS AND AMENDING CHAPTER 3 OF ARTICLE V THE LA HABRA HEIGHTS MUNICIPAL CODE
Second reading of an Ordinance for a limited Amendment to the Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance regarding applicability of SUSMP requirements to projects in Environmentally Sensitive Areas (ESAS).
RECOMMENDATION: Waive further reading and adopt Ordinance No. 245 by title only.
8c. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF LA HABRA HEIGHTS AND THE CITY OF DUARTE, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2002-03
A Resolution to approve the CDBG funds exchange of $92,000 with the City of Duarte at .65 cents to the dollar.
RECOMMENDATION: Adopt Resolution No. 02-22
A motion was offered by Councilmember Carroll which was seconded by Mayor Pro Tem Borrowe to approve staff's recommendation for consent calendar items 8a, 8b, and 8c. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
City Attorney Colantuono read the title for the Ordinance in item 8b and the Resolution in item 8c, both entitled as noted.
PUBLIC HEARINGS
9. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING SECTION 9409.11 OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO REAPPLICATION
Mayor Millsap opened the public hearing.
Deputy City Clerk Coulter stated that notices had been posted as required by law.
Planing Director Brady presented the staff report and the Planning Commission's recommendation for approval for the proposed Zoning Code amendment. If approved Section No. 9409.11 of the La Habra Heights Municipal Code book would be to propose a one-year waiting period to file an application for a request that was denied by either the Planning Commission, City Council, or denied administratively.
Since no one wished to give public testimony, the public hearing was closed.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to waive further reading and introduce the proposed Ordinance entitled as noted. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089
Mayor Millsap opened the public hearing.
Deputy City Clerk Coulter stated that notices had been posted as required by law.
City Engineer Milano presented the staff report stating that in 1990 the State required all cities to analyze their development activities to determine congestion impact. Twelve homes were constructed in La Habra Heights last year, resulting in 82 negative points; and construction of the Skyline signal resulted in 172 positive points. The City currently has approximately 1,800 positive points, and should continue to receive gas tax funds since development did not offset congestion (caused by the development).
As no one wished to provide public testimony, the public hearing was closed.
City Attorney Colantuono added that approximately six years ago California voters adopted Proposition 111 increasing gas tax from 5-cents to 11-cents per gallon. The appeal to the voters was in part due to the congestion management program. The City's allocation is used for the maintenance of roadway infrastructure. The City's figures are based on the tracking of generation of traffic and mitigation of traffic. In compliance with the direction of the voters, the money is spent to mitigate congestion.
A motion was offered by Councilmember Carroll, which was seconded by Mayor Pro Tem Borrowe to adopt Resolution No. 02-23. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
OLD BUSINESS
11. CONSULTANT'S REPORT ON HACIENDA ROAD TRAFFIC CALMING
Tom Brohard with Brohard and Associates presented an overview of the Hacienda Road Traffic Calming study and the recommended items for further consideration to slow traffic. The study entailed looking at traffic speed data, review of accident reports, holding of a public work shop/meetings, the input was summarized into the report. The draft report was presented at the Public Works Committee's June and July meetings. The Committee's revisions were incorporated into the final report before the Council this evening.
Except at speed segments and northbound Skyline, each of the Hacienda Road segments experienced excessive speeds. Although the intersections have a low-accident history. Mid-block sections, however, are a different situation.
The statistics for accidents on Hacienda between Skyline and Canada Sombre, and between Canada Sombre and Reposado experienced higher-than-anticipated number of accidents. Most occurred when motorist were driving at excessive speeds on a wet roadway. Mr. Brohard believes that the road resurface project will greatly reduce the number of wet-roads accidents. It was noted that most of the collected data was from the period prior the resurfacing of roads.
The presented report has a number of components. If all measures were implemented, Mr. Brohard, opined that the anticipated reduction in traffic speed would be three-to-four miles per hour.
Regarding roadway striping the suggestion was to narrow 12' to 17' through lanes to 10' or 11'. Painted medians be provided to separate opposing traffic and painted shoulder exits from the northern section of Hacienda to the southern City limit. Placement of markers along the right shoulder should be non-reflective and about 10 feet apart to give the appearance of a solid line.
Regarding re-striping, the width of the shoulder could vary and the roadway moved slightly away from driveways at the inside curve section to improve sight distance. At some locations the yellow reflective and non-reflective markers could be installed on centerline stripes. Ten-foot wide left-turn lanes are suggested whenever possible for the various side streets.
Previously existing stripes should be put back within the painted median on both sides of Canada Sombre and painted yellow rather than white. Those types of medians are also suggested for along The Park area. A median may vary in width from 2' to 10' and broken at locations to allow for accessing a driveway.
Within the painted median, transverse grooves were suggested in case a motorist drifts into the no-driving area. The 4-inch wide white edge line should be put back on Hacienda. Raised reflective markers along the right shoulder should be removed. Paddle markers to be placed on guardrails where possible to improve the delineation on the outside of roadway. It is suggested that the portion of the rumble strip in front of City Hall be removed, and the lane-drop (coming from Whittier Boulevard) be revised to help the merging of traffic where northbound lanes are reduced to one lane.
From Skyline through Canada Sombre, solar-powered pavement markers are suggested instead of regular reflective markers. The same is also advised through the dogleg from Avocado Crest through Villa Rita.
Regarding traffic signal operation, have the signal at Skyline and Hacienda rest on red. A motorist approaching the signal driving above the speed limit would stop for a red light. A motorist approaching the intersection at or below the posted speed will receive a green light.
Traffic signals at Hacienda/East and Hacienda/West Roads are spaced where traffic can progress through both locations at about 30-35 mph. The recommendation is to have signals in a fixed-time operation whether anyone is on the side street or not.
The application for raised median installation was not approved by Caltrans because Hacienda Road is listed as an urban street on the County's systems road map. The City was urged to apply again, and Mr. Brohard noted that applications for 2004-2005 are due by end of October 2002. He felt that a categorical change affected the funding level to a reduced rate that Caltrans could not approve for 2003/2004.
Regarding La Habra Heights monument, a sign could be installed for northbound traffic on Hacienda by City Hall.
Visibility and sight distance at prevailing speeds were reviewed. The consultant suggested 300 feet of sight distance be provided at intersections, driveways, and the various traffic control devices. He noted that some trees would require trimming and vegetation cleared.
Mr. Brohard noted that a number of citizen requests had been received regarding traffic signage improvements. He suggested that signage at the southerly dogleg curve on Hacienda be the same standard signs as those posted for the northerly side of the road.
Weight-limit signs on Whittier Boulevard could be improved for clarity. He noted that selective enforcement is a positive speed control and recommended continued use of the speed trailer.
Regarding additional traffic signal installation, Mr. Brohard reported looking at Hacienda/Reposado intersection and also at the Hacienda/Avocado Crest intersection. He recommended that noted intersections should stand on their own merit.
Following general discussion a motion was offered by Councilmember Carroll, which was seconded by Mayor Pro Tem Borrowe to not authorize applying for hazard elimination grant funds for roadway medians; staff to prepare a list of priorities with costs; and not proceed with roadway striping at this time. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
It was noted that this item would be on the next City Council agenda with further staff recommendations.
Staff was asked to have a list of options prioritized from the point of safety and calming traffic.
12. MINUTES OF A REGULAR CITY COUNCIL MEETING OF JUNE 13, 2002
Regarding item No. 9 (Standard Operating Procedures for Story Poles), it was noted that further clarification is needed as to when to post property-site notice(s) notifying neighbors that an application is pending. The noted minutes seem to indicate that story poles and posted signs are to be erected at approximately the same time.
City Manager Hendrickson said that he believes the City Council wanted the sign notification posted on a 4' by 4' sheet of plywood shortly after a person makes the application. When the application has been accepted as completed, is when the timeline starts for erecting story poles.
Discussion ensued as to how to proceed. City Attorney Colantuono pointed out that staff needs to report back as to signage procedure. At the June meeting, the Council made suggestions but did not design a sign. It was left to staff, with perhaps input from the Planning Commission, to develop protocol.
Discussion then continued regarding correcting the June Council minutes. Councilmember Carroll suggested the following: The person filing an application is required to post a sign within three to five days after the application has been filed with the City.
The City Attorney pointed out that signage regulations--under the Standard Operation Procedure for Story Poles--is required by the policy. If the Council wishes to amend the substance of the policy, it should come back to the Council. Only the June 13, 2002 minutes are in front of the Council this evening to be amended if inaccurate, or approved if deemed correct. However, if the Council's concern is regarding policy, said policy should be brought back with further details regarding the sign.
Councilmember Klein stated that the minutes are transcribed verbatim and should state what was said. He noted that the City Attorney seemed to be saying that whatever conclusion the Council draws from that for guidance is a separate issue.
A motion was offered by Councilmember Klein which was seconded by Councilmember Carroll to approve the minutes for the June 13, 2002 regular City Council meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
It was noted that policy and timelines for posting notice(s) at property site would be on the next Council agenda.
NEW BUSINESS
13. LANDSCAPE ARCHITECTURAL SERVICES ON AN AS-NEEDED BASIS
Planning Director Brady presented the staff report and Planning Commission's recommendation to hire Purkiss Rose-RSI.
A motion was offered by Mayor Pro Tem Borrowe to enter into contract for landscape architectural services with Purkiss Rose-RSI on an as-needed basis. The motion died for a lack of second.
General discussion ensued.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to table this item to next month's meeting; the City Manager is to review the issues; and staff report should state what is needed and recommend actions. The motion was approved as follows:
AYES: Carroll, Klein, and Millsap
NOES: Borrowe
ABSENT: Engelhardt
14. FORMATION OF A SUBCOMMITTEE FOR THE CITY'S POSSIBLE FUTURE FIRE DEPARTMENT BUILDING SITE
City Manager Hendrickson presented the staff report and Fire Chief Nielsen also provided input.
Discussion ensued regarding Brown Act requirements in the forming of this Committee.
Mayor Pro Tem Borrowe was of the opinion that La Habra Heights citizens should also serve as members of the Committee.
A motion was offered by Councilmember Carroll, which was seconded by
Mayor Millsap to accept the City Manager's recommendation to form a Subcommittee consisting of two Councilmembers, the City Manager, the Fire Chief, and Deputy Fire Chief to study the feasibility, cost, and location of new fire facilities. The motion was approved as follows:
AYES: Carroll, Klein, and Millsap
NOES: Borrow
ABSENT: Engelhardt
Mayor Millsap appointed Councilmembers Carroll and Klein as members of the Subcommittee.
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMITS FOR FISCAL YEARS 2001-02 AND 2002-03 FOR THE CITY OF LA HABRA HEIGHTS IN ACCORDANCE WITH PROVISIONS OF DIVISION OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE
A motion was offered by Councilmember Carroll, which was seconded by Mayor Pro Tem Borrowe to adopt Resolution No. 02-24. The motion was approved by the following vote:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
16. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING CHAPTER 7 OF ARTICLE VI OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO SOLICITATION REGULATIONS
City Manager Hendrickson provided the staff report noting the amendment is due to a recent Supreme Court ruling regarding a case where a religious organization appealed having to apply for a permit to solicit door-to-door.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to waive further reading and introduce the Ordinance by title as noted. The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: None
ABSENT: Engelhardt
17. PRESENTATION OF THE CITY MANAGER'S PROPOSAL TO GRANT CITY STAFF A COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2002-03
It was decided to table this item to a meeting when all Councilmembers are present.
ADMINISTRATIVE REPORTS
18. CITY MANAGERŐS REPORT
19. CITY ATTORNEYŐS REPORT
20. CITY ENGINEERŐS REPORT
21. FIRE CHIEFŐS REPORT
22. SHERIFF'S DEPARTMENT REPORT
23. COMMISSION/COMMITTEE REPORTS
CITY COUNCIL COMMENTS
The Council asked that opposition to Proposition 52, The Same Day Voter Registration Initiative, be agendized for the October 10, 2002 Council meeting.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Millsap adjourned the meeting at 11:02 p.m. in memory of last year's 911 victims.
Attest:
__________________________
City Clerk Hendrickson