Minutes of February 13, 2003
Regular City Council Meeting
Page 1
CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
FEBRUARY 13, 2003
CLOSED SESSION
Since the Council finds (based on advice from legal counsel) that discussion in
open session will prejudice the position of the local agency in litigation, the
meeting was adjourned to a closed session at 6:00 p.m. and reconvened at 7:33
p.m.
CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation
City Attorney Colantuono reported that on the Anticipated Litigation item, no
action was taken that needed reporting.
á Initiation of Litigation
One case
City Attorney Colantuono reported that, at his request, the Council added to the
Agenda by unanimous vote a status report on six petitions that have been filed
by cities around Los Angeles County seeking to overturn the terms of a Storm
Water permit issued by the Los Angeles Regional Water Quality Control Board.
This permit covers our city and included an unfunded mandate to clean up the
water that eventually flows to the ocean. He noted that he felt that the terms are
more expensive and less practical then they should be. Mr. Colantuono stated
that La Habra Heights is named as a real party in suits filed. He provided the
Council with a status report and he will provide the Council with another status
report next month as more is known.
The City Attorney reported that the Litigation case asked for a cure of asserted
Brown Act violations by the Planning Commission in their consideration of the
General Plan.
City Attorney Colantuono explained that the General Plan Advisory Committee
Draft General Plan had several hundred policies in it. The City Staff asked the
Planning Commission to indicate in writing on each policy whether they
supported the policy, supported the substance of the policy or felt it needed more
discussion. The purpose of Staff for this questionnaire was in making their staff
reports and to assist the Commission in focusing their discussion on the topics
that bear discussion. The City Attorney noted that a member of the public
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Regular City Council Meeting
Page 2
became aware of the summary of the questionnaire and asked for a copy of it.
Since it is a public record the person was allowed to have a copy. The City
Attorney felt that it was not fair if the Commission members did not have a copy
as the Commission receives Public Comment on the policies. City Attorney
Colantuono explained that in his judgement this was not a violation of the Brown
Act as:
a. They were tentative views.
b. All of the items were subject to discussion.
c. The hearing process has been lengthy, detailed and there has been ample
opportunity for the public to comment.
He stated that there would still be more Public Hearings. The City Attorney met
with the Attorney retained by the resident asserting violations of the Brown Act.
Mr. Colantuono explained that he wrote a detailed letter to the residentÕs Attorney
agreeing to cure the asserted violations without admitting to the violations in an
effort to avoid litigation, to respect the spirit of the Brown Act and keep the
Community focused on the real issues and not on procedural disputes. He
stated that his letter was not acceptable to the claimant. After telling the City
Council what had happened, the Council has authorized the City Attorney to tell
the claimant that no further effort will be made by the City to cure these alleged
Brown Act violations and if the claimant wishes to start litigation to go ahead.
OPENING CEREMONIES
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by
Mayor Millsap at 7:33 p.m. on Thursday February 13, 2003, 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 were City Manager
Hendrickson, City Attorney Colantuono, Senior Management Analyst Orchanian,
Planning Director Brady, Deputy City Engineer Lang, Fire Chief Nielsen and
Administrative Accountant Vernon.
3. FLAG SALUTE
Kathy Sauble led the flag salute.
4. PRESENTATION
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Regular City Council Meeting
Page 3
Kathy Sauble, Emergency Preparedness Committee Chairperson, reported that
on February 26 and March 5, 2003 at 6:00 p.m. in the Fire Training Room, the
Emergency Preparedness Committee will conduct two 4-hour classes on CPR
and First Aid. She asked those that are interested to sign up for the classes.
She also reported that the Emergency Preparedness Committee would have an
information booth at the coming Avocado Festival in May. Kathy Sauble stated
that the cost for the two classes would be $7.50.
Fire Chief Nielsen explained that anyone interested can call him or Kathy Sauble.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
David Wilkin spoke on behalf of the Volunteers on Patrol. He spoke to recruit
VOPs. The academy will start on March 4, 2003. The training period will be 12
weeks.
Katie Martin spoke of her disappointment and concern over Brown Act violations.
She urged that the City Council remove Bruce Douglas from the Planning
Commission.
The Mayor Pro Tem declared that her accusations were very costly to the City
and that her charges are political and she has discouraged people from
volunteering. He felt that her charges were unfounded.
Councilmember Engelhardt stated that Ms. Martin had said that Interim City
Manager Diaz and City Manager Hendrickson either were misinformed or lied to
her.
Katie Martin agreed that this was her belief and her attorney agreed that there
had been violations of the Brown Act.
Norm Zezula, noted that Linda Smith had mentioned the arguing in the City. He
stated that the ones accusing others and casting slurs on them were the ones
that were backing Linda Smith and Ginger Skinner. They have not denounced
their supporters for their accusations and slurs.
Bob Karman spoke of those that say one thing, but do something different and
causing division, as hypocrites.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
Councilmember Engelhardt explained that the Attorneys bill for January was
$18,000. She felt that the Brown Act accusations caused a lot of this. Therefore,
the people generating this are spending their neighbors tax money.
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Regular City Council Meeting
Page 4
The January warrants in the amount of $289,474.09 were approved
unanimously.
6. TREASURERÕS REPORT – December 31, 2002
The TreasurerÕs report 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 Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
There being no objection, the TreasurerÕs Report was deemed received and filed.
7. FISCAL YEAR 2001-02 ANNUAL AUDIT
A presentation by Audit Partner Rich Kikuchi; Lance, Soll, & Lunghard, regarding
the FY 2001-02 independent audit.
Mr. Kikuchi noted that it was a good audit. The General Fund increased by
around $360,000 for the 12 months ending June 30, 2002. The balance was
around $1,953,000. The expenditures went down approximately $100,000.
Commissioner Engelhardt asked what the balance was for the District 2 and 3 of
the road funds.
Mr. Kikuchi answered that the balance on District 2 is $692,331 and the balance
on District 3 is $251,814 as of June 30, 2002.
Commissioner Engelhardt asked how the City was doing on the Fire Fund.
Mr. Kikuchi answered that the Fire Fund balance was about $794,975 and the
money put away for the fire station has a balance of $85,000. He explained that
the general condition of the City finances is healthy.
A motion was offered to accept the Audit report by Councilmember Engelhardt,
seconded by Councilmember Carroll.
8. FISCAL YEAR 2002-03 MID-YEAR BUDGET REVIEW
Minutes of February 13, 2003
Regular City Council Meeting
Page 5
A presentation by the Administrative Accountant, comparing budget and actual
revenues and expenditures for July 2002 through December 2002.
Freddie Vernon, Administrative Accountant reported on the 2002-03 mid year
budget. Mr. Vernon explained that the State of California faces a large deficit.
We are in danger of losing the Vehicle License Fee. In order to offset this
potential loss, we may have to cut some of our expenditures as the GENERAL
FUND will decrease in revenues about $100,000. Increases in revenues in
Unsecured Property Taxes, in Resource Extraction Tax, in Building Permits, in
Other Building Permits such as Electrical and Plumbing, and an increase in YEP
Park Grant along with the cut of a few planned expenditures will offset the
$100,000 VLF. This will cause the GENERAL FUND to increase slightly this
fiscal year.
Mr. Vernon also noted that he expected the GENERAL FUND revenues to
decrease in Grading Permits, Traffic Fines, as well as Vehicle License Fees.
The Mayor asked the Administrative Accountant if he had looked into the Traffic
Citations.
The Administrative Accountant stated that he was still looking into the matter.
City Manager Hendrickson explained that there was a difference in the number of
Traffic Citations and what is reported as filings in court.
Mr. Vernon noted that SPECIAL REVENUE FUNDS are projected to be $71,606
less than budgeted. This includes a decrease in fire fund revenues, a decrease
in Supplemental Law Revenues and Cleep revenues.
Total CAPITAL PROJECTS/AGENCY FUNDS revenues are expected to be
$16,780 more than budgeted.
ACTUAL EXPENSES vs. PROPOSED (BUDGETED) EXPENSES
The Administrative Accountant noted that General Fund expenses are
anticipated to be $118,304 less than the proposed expenses. This consists of a
decrease in Employee Wages (City Clerk Department), Canyon Fly Research
(General Services Department), Building Improvements (General Services
Department), Engineering Fees (Public Works Department), and Weed
Abatement Services (Weed Abatement Department).
SPECIAL REVENUE FUNDS
Special Revenue expenses are $134,766 less than the proposed expenses.
There will be a decrease in Air Quality Expenses, Dial-a-Ride Expenses (PROP
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Regular City Council Meeting
Page 6
C Funds), and Decrease in Equipment Replacement Expenses (Fire
Department) (The City does not think they will receive FEMA funds.)
SUPPLEMENTAL LAW FUND
There is a decrease in Supplemental Law Enforcement expenses.
BICYCLE & PEDESTRIAN – TDA ARTICLE III
An increase in Professional Services. (Funds are in danger of lapsing if not
used)
CALIFORNIA LAW ENFORCEMENT EQUIPMENT (CLEEP)
A decrease in CLEEP expenses.
CAPITAL PROJECTS/AGENCY FUNDS
No major variances over $10,000 to report for these funds.
Mr. Vernon concluded that The City should not suffer an adverse financial impact
from the StateÕs budget cutbacks this fiscal year.
Mayor Pro Tem Borrowe thanked the Administrative Accountant for his hard work
and conservative approach. He stated that next year will be more difficult and
the City should have a contingency plan ready.
A motion was offered by Councilmember Carroll to receive and file the Fiscal
Year 2002-03 Mid-Year Budget Review, seconded by Mayor Pro Tem Borrowe
and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
9. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City
Council Meeting of March 8, 2001.
Mayor Millsap explained that the only Councilmembers present at the March 8,
2001 meeting were Engelhardt and Klein.
Minutes of February 13, 2003
Regular City Council Meeting
Page 7
Councilmember Klein moved to approve the minutes as presented, seconded by
Councilmember Engelhardt and approved as follows:
AYES: Engelhardt and Klein
NOES: None
ABSENT: None
CONSENT CALENDAR
10. It is recommended that Items 10a. through 10e. 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.
Councilmember Carroll asked to have 10b pulled for consideration.
Councilmember Engelhardt asked if, on 10d, Mr. McDermott had been asked if
he wanted to continue in that position.
City Manager Hendrickson answered that Mr. McDermott had been asked and he
answered in the affirmative.
Councilmember Klein offered a motion to approve all of the Consent Calendar
except 10b, seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
10a. TWO (2) WEED ABATEMENT RESOLUTIONS FOR THE CITYÕS
IMPROVED AND UNIMPROVED PARCELS.
RESOLUTION NO. 03-03 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS
GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH,
REFUSE, AND DIRT UPON AND IN FRONT OF IMPROVED,
DEVELOPED AND OTHER PROPERTIES IN THE CITY ARE A PUBLIC
NUISANCE, AND DECLARING ITÕS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF.
Consideration of a Resolution starting the 2003 weed abatement cycle for
improved lands. The program is conducted by the City.
and
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Regular City Council Meeting
Page 8
RESOLUTION NO. 03-04 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA HABRA HEIGHTS DECLARING THAT WEEDS
GROWING UPON AND IN FRONT OF, AND BRUSH, RUBBISH,
REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE
PROPERTIES IN THE CITY ARE A PUBLIC NUISANCE, AND
DECLARING ITÕS INTENTION TO PROVIDE FOR THE ABATEMENT
THEREOF.
Consideration of a Resolution starting the 2003 weed abatement cycle for
unimproved lands in the City. The program is conducted by the City.
RECOMMENDATION: Adopt resolutions.
10c. DEPARTMENT OF CONSERVATION RECYCLING FUND
Consideration of participating in the State Department of Conservation
Fiscal Year 2003-2004 recycling funding program in the amount of
$5,000.00 and adopt resolution.
RECOMMENDATION: Authorize participation and adopt resolution by
title only, and waive further reading.
RESOLUTION NO. 03-05 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA HABRA HEIGHTS TO SUBMIT A FUNDING REQUEST
FOR A RECYCLING GRANT.
10d. APPOINTMENT TO THE PUENTE HILLS LANDFILL NATIVE HABITAT
PRESERVATION AUTHORITY – ADVISORY COMMITTEE
Mr. William McDermott has served on the AuthorityÕs Citizens Technical
Advisory Committee since February 1999 and his current term will expire
at the end of February 2003.
RECOMMENDATION: Approve appointment.
10e. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for Heights Christian School
CONSENT CALENDAR – Continued (Separate discussion item)
10b. LA HABRA HIGH SCHOOL CLASS OF 2003 GRAD NITE
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Regular City Council Meeting
Page 9
Consideration of donating $300.00 to La Habra High School Grad Nite to assist
with scholarships for students unable to pay the full ticket cost and also to help
with transportation costs.
Linda Donnis, Grad Nite Committee Chairperson, will give a brief presentation.
RECOMMENDATION: Approve donation of $300.00.
Sue Epperly gave a presentation on the La Habra High School Class of 2003
Grad Night. Ms. Epperly reported that this is the 14th year for Grad Nite. This
year 455 students are graduating. She thanked the City of La Habra Heights for
considering helping financially. La Habra High can also use volunteer help for
the project.
Councilmember Engelhardt offered a motion to donate $300 for La Habra High
School Grad Nite, seconded by Councilmember Carroll.
Councilmember Klein offered an amendment to raise the donation to $400,
seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
None
OLD BUSINESS
11. WORKERÕS COMPENSATION COVERAGE
Consideration to change WorkerÕs Compensation coverage from State
Compensation Insurance Fund to California Joint Powers Insurance Fund.
(Continued from the January 9, 2003 Council Meeting)
RECOMMENDATION: Approve change.
City Manager Hendrickson reported on the WorkerÕs Compensation Coverage.
He said that there were no private insurance agencies that offered good
coverage. Some agencies did not answer his request. He did not find any other
City that had private coverage. Mr. Hendrickson provided information to the City
Council on both the California Joint Powers Insurance Authority and the State
fund as to how they figured our cost. He stated that by changing to the CJPIA
the City would realize savings of $10,021 in 2002-03, and $31,497 savings in
2003-04. This will save the City approximately $100,000 in premiums to 2006.
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Regular City Council Meeting
Page 10
The City Manager explained how premiums are determined by the CJPIA. He
noted that the City is rated on itÕs claims experience.
Councilmember Carroll noted that the memo from June 26, 2002 speaks of the
existing policy, which requires a six (6) month notice if the City intends to
withdraw from CJPIA. On the back of the memo it mentions the possibility of
revision to a withdrawal notice of three (3) months. Mr. Carroll asked if the City
Manager knew if this proposal had been adopted.
City Manager Hendrickson answered that he did not know.
City Manager Hendrickson explained that the CJPIA had looked at the CityÕs
seven (7) year history of claims.
Councilmember Klein stated that it looked good to him, but it would be very
important to have a good safety program and a good rehabilitation program.
Councilmember Engelhardt asked if the figures covered all of the employees, not
just the Fire Department.
The City Manager answered in the affirmative.
Councilmember Engelhardt also asked what we would be paying this year.
The City Manager stated that the expected raise for the State Fund would cost
about $70,000. If they switch to CJPIA it should come closer to $60,000.
A motion was offered by Councilmember Carroll to authorize the CityÕs Workers
Compensation transfer to CJPIA and to authorize the Mayor or City Manager to
sign the appropriate documents, seconded by Councilmember Klein and
approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS – Continued
12. THE PARK TOT-LOT GROUND COVER/SURFACING
Review of item from December 12, 2002 Council meeting. Consideration to
authorize Staff to solicit bids for installation of ground cover.
RECOMMENDATION: Authorize Staff to proceed with the bid process.
Minutes of February 13, 2003
Regular City Council Meeting
Page 11
Senior Management Analyst Orchanian presented an update on the Tot-Lot
ground cover. She stated that Staff conducted research by contacting several
Cities who have used the Pour-in-place/rubberized material. They are Brea,
Huntington Beach, La Mirada, Long Beach and Cerritos. Brea and Huntington
Beach have had their same surface for 10 years, Cerritos for 13. Maintenance is
minimal. JPIA would not recommend a specific material, but stated that it was
essential to install an ADA accessible ground cover meeting todayÕs standards.
The Parks and Recreation Commission unanimously approved the pour-inplace/
rubberized ground cover. The cost is estimated at $15.000-$25,000. The
City will pay for the project with the Per Capita and the Roberti-Z-Berg grant.
Since the estimated costs are higher than what was budgeted, the City may
postpone such projects as connecting the waterlines to the stage restrooms and
placing a new water trough for the horses. The ground cover should have priority
as it involves a safety issue for children. She stated that she hopes to have this
project done in time for the Avocado Festival, (May 17, 2003) or, if not by then,
by June 30, 2003.
Ms. Orchanian supplied the City Council with cost and maintenance comparisons
of wood-chips and pour-in-place material. The pour-in-place decided on is
usually warranted for 2-3 years, but lasts about 10 years. The wood chips are
more costly to maintain.
The cost will be divided between the two above-mentioned grants.
City Manager Hendrickson stated that the amount budgeted for ground cover
was $15,000 and he estimates with rising prices, it will cost between $18,000 and
$20,000. There have been some items come in less than actually budgeted, so
they should be able to cover the difference in the price increase on this.
The Senior Management Analyst explained that there was not room for
negotiation but they still would go out for bids on the ground cover.
Councilmember Carroll stated that he had talked to one ground cover provider
who told him that the safest ground cover was wood chips and also stated that
the pour-in-place caused more injuries. The provider did say that it was tested
from a six-foot high fall.
The Senior Management Analyst said that she would have to do some research
on this as it was contradictory to the information she had obtained.
Councilmember Klein offered a motion to allow Staff to proceed with the bid
process for the pour-in-place with the caveat that Staff investigate the providerÕs
assertion that the pour-in-place was more dangerous and find if this was just an
opinion or if this was a study and should be looked into, seconded by
Councilmember Carroll.
Minutes of February 13, 2003
Regular City Council Meeting
Page 12
Lieutenant Ault explained that there was also a danger of someone placing
something in the ground cover that could injure a child and suggested need for a
light color so a foreign object could be seen more easily.
Fire Chief Nielsen said he was only concerned with the childrenÕs safety and also
noted that the Amusement Parks used the pour-in-place.
The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
Mayor Millsap directed the Senior Management Analyst to report what she finds
on the subject at the next meeting.
13. ORDINANCE NO. 253 - AN ORDINANCE OF THE CITY OF LA HABRA
HEIGHTS AMENDING CHAPTER 4 OF ARTICLE V OF THE LA HABRA
HEIGHTS MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT.
Second reading of Ordinance No. 253 amending the Integrated Waste
Management Ordinance of the City Codes, in order to comply with State
requirements to meet mandates of AB939.
RECOMMENDATION: Waive further reading and adopt Ordinance No. 253
with amendments.
City Manager Hendrickson reported that both representatives from the two major
haulers in the Community are at the meeting tonight. There are a few
amendments that will help us to meet the State goals and the agreement we
have with the two collection companies. We are working on a non-exclusive
permit agreement. It also addresses the number and type of containers. He
stated that he feels that the amendments that have been made will help the City
put the ordinance in the place we need to have it. He stated that some have
suggested approaching the Waste Management Board to ask for their help to
develop a program that handles ÒComposting on SiteÓ. Mr. Hendrickson
explained that the City will proceed with implementing the structured timeline
which is comprised of four phases starting in January 2003 and stretching to
January 2005.
Mayor Millsap asked if the 64-gallon containers mentioned in Phase II was going
to happen regardless of if the City made its goal.
The City Manager answered that this would happen. It is part of our agreement.
The type of container is up to the hauler. This is speaking of containers for green
waste.
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Regular City Council Meeting
Page 13
Mayor Pro Tem Borrowe explained that it is very important to have an inventory
of how much does not leave the site, such as chipping, mulching and
composting. The state needs to know this.
Councilmember Klein noted that at weed abatement time, weeds are cut down
and left on the ground. Also, some tree trimming is used in fireplaces if the
pieces are large enough. Mr. Klein suggested that fees and permits be low so it
is not a burden. He asked if horse manure could be credited.
City Attorney Colantuono said that there was a program in Los Angeles that
covers horse manure.
Ray Anderson, Vice President of Waste Management in Los Angeles gave a
short history of Waste Management. He noted that two years ago Waste
Management instituted a green waste diversion program and this has resulted in
an additional 50 tons a month of diversion. They also completed a third party
diversion study at Hacienda Country Club that identified the kind of programs that
they have in place. That identified another 150 tons per month of diversion that
can be counted as part of our report to the State.
Mr. Anderson passed out folders to the City Council and Staff explaining
programs that increase diversion coming out of residential communities. Waste
Management supports the adoption of the proposed Ordinance.
Councilmember Carroll asked, if a resident places his green waste into black
plastic bags, does that pose a problem.
Mr. Anderson stated that green waste is easily contaminated and it is actually
better to place the green waste into the containers without placing it into a plastic
bag first.
Councilmember Engelhardt asked if it was possible to make people pay more if
they have over a certain number of cans.
Mr. Anderson stated that in some communities they do have varying rates for
services.
The City Council discussed the problems involved in getting credit for green
waste that stays on the property instead of becoming part of the waste stream.
John Beliakoff, Haul-Away- Rubbish Services, stated that he lives on El Travisia
so he is very familiar with our City. He stated that his company is going to add
another day for green waste collection in the city. He explained that the cities
that have a higher diversion rate have more commercial businesses that
contribute to it. They anticipate that the added day will bring another 15% of
Minutes of February 13, 2003
Regular City Council Meeting
Page 14
green waste. Mr. Beliakoff stated that he approved the adoption of the ordinance
with amendments. Mr. Beliakoff explained that if the green waste is
contaminated the City will not get credit for that green waste. A red can is
provided for recyclables.
The City Attorney encouraged the City Council to adopt the Ordinance tonight as
it is amended, but not to go into too much detail. The detail can be in the haulers'
contract.
Councilmember Carroll asked to have 5413a explained. He stated that it sounds
to him like he would have to have a permit to take recyclables to the Ecology
center.
City Attorney Colantuono explained that taking aluminum cans to a recycling
place does not require a permit. This is only when taking them to the dump. City
Attorney Colantuono suggested adding Òas wasteÓ to 5413-1a, after the word
ÒdisposesÓ in the first line. Mr. Colantuono explained that this minor change
would not cause a renewed first reading, but would allow the City Council to
adopt the Ordinance tonight.
Mr. Colantuono confirmed Mayor Pro Tem BorroweÕs question that adopting the
Ordinance does not mean we are going right to Phase IV. It will just be a step at
a time.
Councilmember Klein explained that he was not in favor of long contacts.
Councilmember Engelhardt offered a motion to adopt Ordinance No. 253 and the
friendly amendment noted by City Attorney Colantuono, seconded by
Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
The City Manager thanked the two waste haulers and stated that with their help
and the City AttorneyÕs the City will meet the StateÕs requirements.
NEW BUSINESS
14. CITY HALL, AMERICAN DISABILITIES ACT (ADA) DOOR CDBG PROJECT
Consider authorizing Staff to proceed in obtaining bids for project.
RECOMMENDATION: Proceed with bid process.
Minutes of February 13, 2003
Regular City Council Meeting
Page 15
Senior Management Analyst reported that Staff wants to replace the side door of
City Hall with double doors in the front where the windows are. These doors will
be ADA approved. The doors into the multipurpose room will have a push button
to open the doors for ADA requirements. The Planning Department and Fire
DepartmentÕs doors will be made ADA approved. The counter will be modified to
make it ADA accessible for handicapped persons. The full amount of the CDBG
grant funds of $37,364 will be used for this project. Staff looks forward to
completing the project before June 30, 2003. All doors will be secured.
City Attorney Colantuono stated that if the bids exceed the grant funds total, the
City Council would have the option to identify additional funding or to request
Staff to process a negative change order to scale down the project.
Councilmember Carroll offered a motion to proceed with the bid process,
seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
15. CITY MANAGERÕS REPORT
City Manager Hendrickson explained that it bothered him that Interim Manager
Diaz and he were referred to as liars. He stated that he did not respond to any
complaints or questions without consulting the City Attorneys office. He wanted
people to know that they will get a straight answer if they come to him with a
question. He noted that as he remembers, the question was not about the whole
General Plan Advisory Committee, but about the sub-committees.
16. CITY ATTORNEYÕS REPORT
No report
17. PLANNING DIRECTORÕS REPORT
Planning Director Brady reported that the Planning Commission has completed
the initial review of the General Plan. The Planning Commission is now ready to
review the final version of the Draft General Plan. The Public Testimony will
begin on Tuesday, February 18 and Wednesday, February 19. The Planning
Commission will begin deliberation on Monday, February 24 and conclude on
Thursday, March 6. On Monday, March 10 the Planning Commission will be
taking Public Testimony on the General Plan Environmental Impact Report.
Then the Planning Commission will deliberate on the Environmental Impact
Report on Tuesday, March 11 and also consider a Draft Planning Commission
Minutes of February 13, 2003
Regular City Council Meeting
Page 16
Resolution with recommendations to the City Council. Basically, the General
Plan process before the Planning Commission will conclude on Tuesday, March
18 with the Planning Commission adopting the Resolution to be forwarded to the
City Council. Staff anticipates that the Draft General Plan and Environmental
Impact Report will be before the City Council in late April or early May.
18. CITY ENGINEERÕS REPORT
The City Engineer reported on the problems the City had during the last rain.
There were power outages, trees down, mudslides, and plugged drains. There
are a few more drains that need cleaning out. There were traffic signals that
were out. There was a power pole almost down and some that did not look
good. He reminded everyone that when a traffic signal is out, it should be
considered as a four way stop.
Councilmember Carroll asked what the status was of the property at Cypress and
Dorothea Road.
The City Engineer explained that a stop order had been issued because their
grading exceeded their plan by a considerable amount. The Engineering
Department is also checking to see if all the proper permits have been issued for
the amount of grading that took place.
City Manager Hendrickson stated that there are back up batteries you can get for
around $2,000 per traffic signal. He stated that he would look into it and report at
the next City Council meeting. He explained that he was looking into funding
other than the General Fund.
19. FIRE CHIEFÕS REPORT
Fire Chief Nielsen he had nothing to add to his written report unless there were
questions.
Mayor Millsap asked the Fire Chief to explain why the traffic accidents were high.
She noted nine (9).
Fire Chief Nielsen explained that he put the accidents in his report to get
attention. There was rain that caused conditions to be more difficult. Six of the
nine were by commuters. He cautioned everyone to drive carefully on La Habra
CityÕs grad night as in the last three years there were serious accidents on that
night.
Fire Chief Nielsen noted that there was an academy in progress that would
graduate on the 23rd of March.
Mayor Millsap asked what the ages were of the Explorers.
Minutes of February 13, 2003
Regular City Council Meeting
Page 17
Fire Chief Nielsen answered that the ages were from 16-21, both males and
females. Anyone interested should contact him. The Explorers meet every
Wednesday from 6:00 p.m. - 8:05 p.m.
Councilmember Klein suggested that the City of La Habra Heights ask for
additional Sheriff patrols on Senior Grad Night.
20. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Ault reported that the traffic citations have reached an all time high.
She cautioned all residents to be aware of their speed. She noted that there is a
seminar this Saturday at the Industry Hill Equestrian Center on Terrorism. The
SheriffÕs Department receives daily updates on alerts of any kind for La Habra
Heights and anything of importance is supplied to the Mayor.
21. COMMISSION/COMMITTEE REPORTS
No comments.
CITY COUNCIL COMMENTS
No comments.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE
AGENDA
Linda Smith, Candidate for City Council, read a letter from John Beau to John
van Barneveld. Linda Smith, after reading the recent View Point called John
Beau to express her unhappiness with particularly the ÒDoor BellÓ article, which
she felt went against her theme of unity in the community. Mr. Beau stated in
his letter to Mr. van Barneveld that he had received letters from other residents
stating that they thought the article was silly and the space could have been used
for something more important. Mr. Beau stated that he had offered to resign
from LindaÕs campaign. He explained that Linda Smith asked him to stay on. Mr.
Beau asked in his letter to Mr. van Barneveld to remove his name from the
masthead of View Point prior to any further publication. Linda further explained
that John Beau was helping her with her campaign because she has known him
since she was young girl.
The City Manager reminded everyone that the election is on March 4, 2003. and
to please vote.
ADJOURNMENT
Minutes of February 13, 2003
Regular City Council Meeting
Page 18
Mayor Millsap adjourned the City Council meeting at 11:02 p.m. to the next City
Council meeting on March 13, 2003
ATTEST:
___________________________________
CITY CLERK, JOHN HENDRICKSON