CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 14, 2002
CLOSED SESSION
Based on the advice of its legal counsel regarding a request for amicus curiae support, the City Council felt there was significant exposure to litigation against the City if discussed in open session.
Existing Litigation
Request for Amicus Curiae Support
Name of Case: San Jose Christian College v. City of Morgan Hill
The meeting was adjourned to a closed session at 6:35 P.M. to discuss initiation of litigation as noted on the closed session agenda. All Councilmembers were present. Also present were City Manager Hendrickson and City Attorney Colantuono.
No report was given.
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Millsap called a regular meeting of the La Habra Heights City Council to order at 7:35 P.M. on Thursday November 14, 2002, at the Community Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members present were: Mayor Millsap, Mayor Pro Tem Borrowe, Councilmembers Carroll, Engelhardt and Klein. Also present: City Manager Hendrickson, City Attorney Colantuono, Assistant City Engineer Lang, Sheriff Lieutenant Ault, Deputy Polling, Planning Director Brady, Fire Chief Nielsen and incoming Fire Marshal Powderly.
3. FLAG SALUTE
Bruce Douglas led the flag salute.
4. PRESENTATION
á Deputy City Clerk Coulter administered the Oath of Office to incoming Fire Marshal James Powderly.
á City Manager Hendrickson introduced the new engineering firm, Transtech Engineers, Inc. Mr. Hendrickson introduced Mr. Pat Lang, the Assistant Engineer. Mr. Lang will be here eight (8) hours a day, four (4) days a week. We will also have a Building Inspector here three (3) days a week and will discuss an optional arrangement. There is a plan check individual here on Thursday from 8 A. M. to 12 noon. There is an official City Engineer, Craig Melicher, (Vice President) who will periodically come to check on things.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Kathy Sauble, of the Emergency Preparedness Committee, complimented the City on how smoothly the County wide disaster drill progressed today.
Bruce Douglas gave an update on the General Plan through the Planning Commission. Mr. Douglas stated that some people have a wrong idea that it would be difficult to do any remodeling. There are several rumors that are going around the City. He stated that the General Plan discusses that we try to protect our City as it is.
Ed Borrow, Mayor Pro Tem, stated that there is need for Volunteers On Patrol. There is an Academy starting in March of 2003.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – OCTOBER, 2002
Councilmember Engelhardt offered a motion to approve the October warrants in the amount of $295,967.40. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERŐS REPORT - SEPTEMBER 2002 & OCTOBER 2002
The TreasurerŐs Reports consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to RKA Civil Engineers
á Payments to City Attorney
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Expenses Compared to Annual Budget
á Monthly & Year-to-Date Revenues Compared to Annual Budget
Councilmember Engelhardt motioned approval to receive and file. Councilmember Carroll seconded the motion which was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
APPROVAL OF MINUTES: Minutes of a Regular City Council Meeting of September 12, 2002 & October 10, 2002
Councilmember Klein moved to approve the minutes of the September 12 and October 10, 2002 City Council meetings. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
8. It is recommended that items 8a through 8e be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action is requested by a Councilmember or a member of the audience.
Mayor Pro Tem Borrowe requested that 8d be removed for separate discussion.
8a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: Receive and File
8b. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REPEALING ORDINANCE NO. 240 AND AMENDING CHAPTER 5 OF ARTICLE 6 OF THE LA HABRA HEIGHTS MUNICIPAL CODE PERTAINING TO THE RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS
Second reading of Ordinance No. 240, regarding residential and commercial construction and demolition (C & D) recycling program, was adopted by the City Council at the January 11, 2001 meeting. The proposed Ordinance will replace Ordinance No. 240 and amend a clerical error in Section 5506.
RECOMMENDATION: Waive further reading & adopt Ordinance 240
8c. RESIGNATION OF PARKS AND RECREATION CHAIRPERSON
Acceptance of resignation of William Moon from the La Habra Heights Parks and Recreation Commission.
RECOMMENDATION: Accept resignation
8e. PROPOSAL FOR JANITORIAL SERVICES
Request for authorization to proceed with a request for bids pertaining to janitorial services for City facilities including City Hall, Planning and Building Department, the Multi-Purpose Room and The Park Building.
RECOMMENDATION: Authorization to solicit bids
A motion was offered by Councilmember Engelhardt to approve staffŐs recommendations for consent calendar items 8a, 8b, 8c, and 8e. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
NOES: None
CONSENT CALENDAR (Continued)
8d. RESIGNATION OF ALTERNATE PLANNING COMMISSION MEMBER
Acceptance of resignation of William Hinz from the La Habra Heights Planning Commission.
RECOMMENDATION: Accept resignation
Mayor Pro Tem Borrowe explained that one of the reasons Mr. Hinz had resigned was due to mean spiritedness of a minority in our Community toward several of the volunteers and our past Mayor Engelhardt.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to accept resignation of William Hinz from the Planning Commission. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
With the consent of the Council, items 9 and 10 may be handled simultaneously.
9. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS ADOPTING BY REFERENCE TITLE 32 OF THE LOS ANGELES COUNTY CODE (AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2001 EDITION), AND APPENDICES THERETO, MAKING AMENDMENTS TO SAID CODE AND AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE
Second reading of an Ordinance to adopt the latest approved version of the Los Angeles County Fire Code.
RECOMMENDATION: Waive full reading and adopt Ordinance No. 248
10. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS ADOPTING BY REFERENCE TITLES 26, 27, 28 AND 29 OF THE LOS ANGELES COUNTY CODE (AMENDED VERSIONS OF THE CALIFORNIA BUILDING, PLUMBING, ELECTRICAL, AND MECHANICAL CODES, 2001 EDITIONS) AND AMENDING SECTIONS 8100, 8200, 8300 AND 8400 OF THE LA HABRA HEIGHTS MUNICIPAL CODE
Second reading of an Ordinance to adopt the latest approved version of the Los Angeles County Building Code.
RECOMMENDATION: Waive full reading and adopt Ordinance No. 249
Mayor Millsap asked if all the notices have been posted for the Public Hearing.
Deputy City Clerk Coulter answered in the affirmative.
City Attorney Colantuono presented a staff report. He stated that they had neglected to include the repealer for the Urgency Ordinances. He noted that this will require two readings to get the Urgency Ordinances out of the way.
The City Manager explained that this will require that another ordinance be introduced on the City CouncilŐs December 12, 2002 Consent Calendar Agenda.
Councilmember Engelhardt questioned if it was possible to look into a local amendment concerning redwood decks and if making a change in the ordinance would affect residential insurance.
Mayor Millsap opened the Public Hearing. As no one wished to testify, the public hearing was closed.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to waive further reading and adopt by title Ordinance No. 248 – the updated Fire Code and Ordinance No. 249 – the updated Building Code. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
City Attorney Colantuono introduced Ordinances Nos. 248 and 249 entitled as noted above.
OLD BUSINESS
11. THE CITY COUNCIL TO RECONSIDER IF THE CITY SHOULD CONTINUE HAVING L. A. COUNTY DEPARTMENT OF AGRICULTURE CONTINUE WEED ABATEMENT SERVICES FOR LA HABRA HEIGHTS UNIMPROVED PARCELS
(This item is continued from the August 8, 2002 Council meeting.)
RECOMMENDATION: Cancel weed abatement services with L. A. County
The City Manager reported on the subject. At the September 13, 2002 City Council meeting, the Council indicated a preference to have the City assume control of weed abatement services that had been conducted by L. A. County for several years. The City Fire Chief asked that this item be revisited after some investigation into the matter. After analyzing the financial situation he placed the item on the Agenda. He felt that the cost would be a little lower for the residents on the unimproved lots.
The Fire Chief stated that the biggest advantage of our department handling the weed abatement would be that we know that everything had been inspected and would probably be handled more quickly and this would be a safety factor for the City.
Fire Marshal Powderly explained that he planned to handle this from May 1 to the end of the summer and bring up the billing about the same time L. A. County does. He noted that he figured it would take about 300 extra hours for preparations and inspections. He intended to use volunteer firefighters for some of this.
Councilmember Klein suggested the City bill the property owner and use a collection agency if bills remain unpaid. If the collection agency is unsuccessful, the City is to pursue a judgment against the property. Once a lien has been filed, the City may proceed with the sale of property.
Due to the value of the abandoned parcels, City Attorney Colantuono pointed out that it may not be practical to pursue the judgment lien. Orphan parcels tend to be a burden to their property owners. He felt that if it were possible, owners would prefer to get rid of the land.
City Manager Hendrickson noted that some of the orphan parcels may fit in with City plans for public right-of-ways, walkways or pathways, etc. He indicated that this would be an item for CouncilŐs future consideration.
Councilmember Klein stated for clarification that City staff will do inspections, and cleanup work will be contracted out. If property owners do not pay, steps will be taken to collect. Staff is to come back with an orientation of how to resolve the problem with orphan properties.
A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein authorizing the City Manager to send a letter to L. A. County Department of Agriculture to cancel the City/County weed abatement contract for unimproved La Habra Heights parcels. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
City Manager Hendrickson stated that staff will bring back a report and recommendations regarding the CityŐs cost, the steps outlining procedures of operation, and analysis regarding the $26 charge for inspection of vacant parcels.
12. HACIENDA ROAD TRAFFIC CALMING
(Continued from the September 12, 2002 City Council meeting.)
RECOMMENDATION: Direct staff
City Manager Hendrickson presented the staff report. Mr. Hendrickson explained that Patrick Lang, Director of Public Works, broke down the possibilities for calming into the most important which he called Phase 1. Mr. Hendrickson stated that the most effective method for Traffic Calming seems to be increased traffic enforcement by the Sheriffs Department. The eight items listed in Phase 1 would cost $20,000 to $25,000 to implement in order of their importance. There is probably enough money provided by the City in the budget to do this.
Mr. Lang, Director of Public Works, stated that since November 1, 2002 the City does have an additional radar officer working Tuesday through Friday from noon to 10:00 P.M.
Mr. Lang listed Phase 1 items:
á Increased enforcement.
á Correct any sight distance problems.
á Stripe Hacienda Road with 11Ő travel lanes.
á Install painted centerline median with reflectorized markers.
á Install additional delineators on all guard rails to meet Caltrans guidelines.
á Modify center median stripping to discourage southbound left-turn onto Canada Sombre Road.
á Stripe the northbound lane drop area to county standards.
á Review and add any Regulatory, Warning or Advisory signage as needed.
Councilmember Engelhardt asked the City Manager to get the Council more information regarding expenditure deadline for COPS funding.
Councilmember Carroll expressed a concern regarding excessive signage, noting that an abundance of signs detracts from the communityŐs rural nature.
Mayor Millsap noted that some of the current signs are confusing and further evaluation may be needed for better placement.
Councilmember Engelhardt asked what had happened with a $20,000 grant.
City Manager Hendrickson stated that they had been turned down for use of it for guardrails and they have now applied for the $20,000 for signs. He stated that he would get more information on this.
The Assistant Engineer will do a time-specific, traffic/speed count for current traffic using automated hoses before and after installing the Phase 1 plan.
A motion was offered by Mayor Pro Tem Borrowe, which was seconded by Councilmember Klein to proceed with Phase 1 as noted in the Public Works Directors report and to get better speed data. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
13. CONSIDERATION OF APPOINTMENT OF CHAIRPERSON FOR THE CITYŐS PARKS AND RECREATION COMMISSION
Discussion as to how the Council wishes to proceed to fill the vacancy of Chairperson for the Parks and Recreation Commission as a result of the recent resignation of William Moon.
RECOMMENDATION: Appoint Chairperson or direct staff
A motion was offered by Mayor Millsap, which was seconded by Councilmember Carroll to have Trish Caywood and Adrian Vecchione serve as Co-Chairpersons; Dyanna Heiss was moved from alternate to permanent commissioner; staff was directed to advertise for a new alternate. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
The City Manager explained that when they advertise for the Parks and Recreation Commission Alternate they may also advertise for Alternate for the Planning Commission and for Emergency Preparedness Committee.
14. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING ARTICLE V OF THE LA HABRA HEIGHTS MUNICIPAL CODE TO ESTABLISH SEWER SERVICE FEES
Pertaining to the provision for sewer services for certain parcels within the City of La Habra Heights.
RECOMMENDATION: Waive further reading & introduce Ordinance by title
City Attorney Colantuono presented the staff report. He explained that very few tracts in the City are served by sewers and most are owned and operated by the L. A. County Sanitation Districts. When the Lynch tract was developed the only practical way to sewer it was into Orange County. This required a four-party agreement, with the City of La Habra Heights as the owner. The agreement includes La Habra Heights, the L. A. County Sanitation District, the City of La Habra and the Orange County Sanitation Districts. Mr. Colantuono explained that the second reading will be at the December 12, 2002 Council meeting, the staff report will include a table of costs.
City Attorney Colantuono explained that lot owners are to be billed for the current billing period. If unpaid bills remain after 60 days, the City will collect the unpaid amount from the ReserveŐs Association. For future billing, it may be more efficient to collect by placing said costs on the CountyŐs tax roll. He noted that the contract will need to be reviewed to see if the Reserve Association is required to reimburse the CityŐs administrative fees.
Councilmember Engelhardt asked the City Attorney if it is possible to amend the Ordinance to make it specific to the Reserve Association.
The City Attorney noted that they can add to the end of Section 5211: ŇUnless and until this section is amended to remove this restriction, the Ordinance is applicable only to the sewer line which serves 17 parcels in the subdivision within the Reserve Specific Plan area.Ó
A motion was offered by Councilmember Klein, which was seconded by Councilmember Engelhardt, with noted amendments and to waive further reading and introduce the Ordinance by title. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
15. CONSIDERATION AS TO WHETHER OR NOT TO INCREASE THE CITYŐS FEES FOR IMPOUNDED VEHICLES
Discussion regarding whether or not to increase fees charged for impounded or stored vehicles. If City Council decides to approve the fee increase, the resolution for approval will be on the December public hearing agenda.
RECOMMENDATION: Direct Staff
City Manager Hendrickson presented the staff report. After considering time and cost for impounding he recommended a $150 charge for a regular impound and $260 for a DUI impound. These amounts would increase the CityŐs collection per year from about $2,000 to $5,000 per year.
Mayor Millsap asked what is the approximate fee for speeding and reasons for impounding other that DUI.
Sheriff Lieutenant Ault answered that the speeding fee was approximately $8 per mile per hour over the speed limit. Reasons for impounding would be unlicensed driver, suspended license and vehicle used in a crime.
A motion was offered by Councilmember Klein, seconded by Mayor Pro Tem Borrowe for staff to place a Resolution on the December 12, 2002 Council Public Hearing agenda to vote on whether or not to increase fees charged for impounded or stored vehicles. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
16. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) FUNDS EXPENDITURES
Report regarding staff and Sheriff DepartmentŐs recommendations for the expenditure of CLEEP funds.
RECOMMENDATION: Direct staff
City Manager Hendrickson presented the staff report. He explained that the CLEEP fund does not have a sunset as to when they must be spent, but it does not look like we will get any more CLEEP funds any time soon. Mr. Hendrickson explained that the FY 2001-2002 Budget authorized $84,000 for expenditure. The City Manager recommended that we purchase a second laser gun as we now have an additional officer through the COPS program. He stated that he would also suggest the most expensive speed trailer. This trailer has the ability to put up messages and can count and record traffic. Even with the changes and additions it should not exceed $79,000. The satellite phones should not be purchased at this time as the SheriffŐs Department is evaluating their use plus they already have a phone available. He also suggested that the eight (8) fire/sheriff radios be purchased later.
The City Council discussed how often various items would be used and if the City really needed its own laser gun.
Lieutenant Ault felt the laser gun and the night vision goggles are very useful.
Kathy Sauble, Emergency Preparedness Committee, asked what is the complete amount of the CLEEP funds.
The City Manager answered that there is a little over $106,000 in the fund and we budgeted $84,000 this year. A Mobile Command Center is about $11,300 and the generators $3600 which add up to about $15,850.
Ms. Sauble expressed the opinion that a Mobile Command Center would serve a good purpose for the community.
Roy Cummings also spoke of the need for a Mobile Command Center for the City.
A motion was offered by Mayor Pro Tem Borrowe, which was seconded by Mayor Millsap to authorize the purchase of the $4,000 laser gun, the $550 night vision goggles, the $9,500 heat seeking thermal imaging device and the laptop and printers. The motion failed as follows:
AYES: Borrowe and Millsap
NOES: Carroll, Engelhardt and Klein
ABSENT: None
Councilmember Klein requested further information and to agendize next month with more background information. Example – the mobile operation trailer, what is the plan for maintenance, what is the life expectancy? Would like similar information regarding heat seeking equipment. Will equipment be out-of-date in the near future? How durable will the equipment be, if it were dropped? Need explanation for the need of multiple items.
The item will be brought back with further information on the December 12, 2002 Council Agenda.
17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE MARCH 4, 2003 MUNICIPAL ELECTION
Consideration of a Resolution to hold a Special Runoff Election in case of a tie vote resulting from the CityŐs upcoming March 4, 2003 General Municipal Election.
RECOMMENDATION: Approve or deny Resolution
City Manager Hendrickson explained that staff found that a runoff election will cost approximately $12,000 to $13,000. A coin toss or draw of a straw can be used instead, or names placed in separate envelopes and drawn by some other party.
A motion was offered by Mayor Millsap, which was seconded by Councilmember Klein to deny the proposed Resolution. The motion to deny was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
18. CITY MANAGERŐS REPORT
City Manager Hendrickson noted that there was going to be a change in ownership in the oil fields in the next week. All obligations and rules will remain the same.
Mr. Hendrickson stated that he has asked that the Planning Director speak and explain where the Planning Commission is in the process of the General Plan. He also noted that he has asked the City Attorney to explain the need for the General Plan and why he thinks it is important and the time table for the General Plan revision.
The Planning Director explained that the Public Hearing process for the Draft General Plan and the Environmental Impact report began on October 22, 2002. The Planning Commission will conduct six (6) public hearings and will cover the goals and each element of the General Plan and the Environmental Impact report.
The City Attorney noted that there are many elements in the General Plan that are out of date and must be revised with a 20 year life. The Environmental Impact report is now available and there is a 45 day period for comment which is now running. The deadline for public comment is December 27, 2002. The City Council will get the General Plan for evaluation hopefully by January 16, 2003. He stated that there will be more chance for Public Comment when the General Plan gets to the City Council.
19. CITY ATTORNEYŐS REPORT
No further report.
20. CITY ENGINEERŐS REPORT
No further report.
21. FIRE CHIEFŐS REPORT
Chief Nielsen stated that he and his Chief Engineer are going to Oregon to inspect and take delivery of the Rescue Squad vehicle.
Mayor Millsap asked for a written follow-up and evaluation on todayŐs emergency drill activity.
22. SHERIFFŐS DEPARTMENT REPORT
Sheriff Lieutenant Ault thanked Deputy Bickel and Deputy Polling for their work in the drill today and the work done by Deputy Polling on the information needed for CLEEP and City fees.
23. COMMISSION/COMMITTEE REPORTS
No information.
CITY COUNCIL COMMENTS
Councilmember Klein noted that he was looking forward to more information on the new sheriff and his duties in the City.
Councilmember Engelhardt noted that the traffic was very congested on Harbor at Peppertree this morning and they do not need any added traffic from a new tract. She also noted that it would be nice to hear from the residents what they thought of the new building and engineering system.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
No comments.
ADJOURNMENT
Mayor Millsap adjourned the City Council meeting at 11:27 P.M. to the December 12, 2002 meeting.
ATTEST:
_________________________________
CITY CLERK, JOHN HENDRICKSON