Minutes of June 12, 2003
Regular City Council Meeting
Page 1
CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JUNE 12, 2003
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Mayor Pro Tem Borrowe called to order a regular meeting of the La Habra
Heights City Council at 7:35 P.M. on Thursday June 12, 2003, at the Community
Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members Present were: Mayor Pro Tem Borrowe, Councilmembers Douglas,
Klein and Millsap. Absent: Mayor Carroll (excused). Also present were City
Manager Hendrickson, City Attorney Colantuono, Senior Management Analyst
Orchanian, Fire Chief Nielsen, Sheriff Lieutenant Ault, Planning Director Brady
and Deputy City Engineer Lang.
3. FLAG SALUTE
Mr. Jim Starkey led the flag salute
Mayor Pro Tem Borrowe announced that Jill Kowalik is battling a serious disease
and is at the City of Hope. He noted that there was an informal prayer group
each night at 9:15 and any who wish to may be part of it. She would love to
receive calls and cards.
4. PRESENTATION
á Jim Starkey, Senior District Representative, Office of Senator Bob
Margett, stated that Parks and Recreation month occurs in July. He noted
that Senator Margett is presenting a Resolution to each city in his district,
thanking them for offering green space and recreational opportunities for
their citizens. He presented the Resolution to Mayor Pro Tem Borrowe
who passed it on to Co-Chairperson Vecchione and Commission member
Sauble, representatives of the Parks and Recreation Commission.
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Regular City Council Meeting
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á Kathy Sauble, Emergency Preparedness Chairperson, reported that their
theme in June is to update emergency supplies. She stated that
Emergency Preparedness has co-coordinated with the Sheriffs
Department to have a Town Hall meeting on Tuesday, July 15, at 7:30
P.M. to introduce the Neighborhood Watch program. This will also be
taped for those who cannot get to the meeting.
Ms. Sauble asked the Sheriff for an opinion regarding cleanup after
parties.
Lieutenant Ault explained that if there was littering at any party it was the
responsibility of the person holding the party to clean up the area.
á Monica Lucy, representative of the Los Angeles County Health Services,
gave a presentation of rodent control. She stated that they do come out to
check homes to give advice on how to get rid of a problem. She stated
that they also license animals. You must have a health license if you have
over 5 horses or 10 or more combination of animals. They are allowed to
come on a property to investigate. The phone is 626-430-5450.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Mr. Shipman, Dorothea Road, complained about how the lot at 707 Dorothea
next door to him has been handled, causing dust to blow on his property and
during rainy seasons mud flows into the street. He stated that he has had many
wrong answers from the City and it has taken so long to accomplish anything.
He is worried about the safety of the long, high wall on the lot. There are also a
lot of weeds on the property.
Mayor Pro Tem Borrowe asked the Fire Chief to answer about the weeds.
Fire Chief Nielsen replied that according to the municipal codes the owner does
have to have written notice sent to him. He then has a number of days to
comply.
Mayor Pro Tem Borrowe stated that the owner has applied for a Conditional Use
Permit which is coming before the Planning Commission June 24th. He stated
that they do have procedures to follow and it all takes time.
Mr. Shipman stated that there should be a feedback channel which logs
complaints and they should be called back with information.
The City Manager stated that he has explained what is happening to another
neighbor (Mr. Speer). He told him that he was willing to meet with the neighbors
and discuss the situation with this property.
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Regular City Council Meeting
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Councilmember Douglas asked that at the next two meetings he would like to get
the City ManagerÕs opinion on what can be done to make some structural
changes to allow a faster response to such complaints.
Stan Quade, Encanada Drive, noted that at the back of The Park there is about
100 feet of rubbish. He stated that this is a health and safety concern. He stated
that the City streets are not being cleaned up. He also mentioned palm fronds at
the Park.
The City Manager stated that the rubbish at the back of The Park must be
removed in a timely manner by those responsible for its disposition.
Senior Management Analyst Orchanian noted that she would speak to Azteca
about cleaning up at the Park. She stated that they are generally responsive.
Bob Karman, Encanada Drive, stated that he has revised the memo that he gave
to the Council at the last meeting on the General Plan concerning the RA zoning.
In reviewing the land element he found three policies, 2, 3, and 7 that are tied
together and on page 8 in the CEQA guidelines three more that are relevant to
the definition of rural. He stated that in his opinion a proper definition of rural will
make the General Plan stronger.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – May 2003
Councilmember Klein moved approval of the May Warrants in the amount of
$588,466.58. The motion was seconded by Councilmember Millsap and
approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
6. TREASURERÕS REPORT – APRIL 30, 2003
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/Transtech Civil Engineers
á Payments to City Attorney
á Major Planning Projects
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Regular City Council Meeting
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á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
Councilmember Klein offered a motion to approve the TreasurerÕs Report. The
motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City Council
Meeting of April 10, 2003, Special Meeting of
April 15, 2003, and Regular Meeting of May 8, 2003.
Mayor Pro Tem Borrowe offered correction number (1) that in the April 10, 2003
minutes under ÒFinancial MattersÓ on page two (2) states that Councilmember
Klein Òapproved the March warrantsÓ. This should be changed to read Òmoved to
approve the March warrants.Ó
Mayor Pro Tem Borrowe commented that on the top of page three (3) in the April
10 meeting he had noted that the Bank of America does not give any interest on
the checking account. He asked if the City Manager has looked into that.
City Manager Hendrickson stated that in order to get interest in that account they
would have to carry a lot more money in the account. LAIF carries a better
interest rate so instead of carrying $200,000 in the Bank of America we are
carrying about $50,000 there. Sometimes we need that much for our bills.
Mayor Pro Tem Borrowe commented that in the April 10, 2003 minutes on page
15, when they discussed the AB 939 the City Manager had stated that he would
speak to the La Habra Heights Improvement Association to see if their clean-up
days would allow non members to participate. He asked if that had been done.
City Manager Hendrickson stated that it had not. He stated that he is just getting
to the contract signing with the two haulers. He stated that now that the
contracts are about finalized with the haulers he should be able to talk to the
Improvement Association.
Councilmember Douglas commented that on page 16, paragraph five (5), Ray
Anderson, Waste Management Collection and Recycling, had given some
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Regular City Council Meeting
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suggestions as to how to get credit for 10% more. Mr. Douglas asked if the City
Manager has looked into that.
The City Manager answered in the negative. This suggestion would be saved as
we get closer to the 50% figure. At this time the cost is much more. When the
cost of the Land Fill goes up, then is the time to try this alternative.
Mayor Pro Tem Borrowe asked that Waste Management be requested to prepare
a list of the recyclable items.
Mayor Pro Tem Borrowe offered correction number (2) that on page twenty (20)
of the April 10 minutes ÒCaptain BakelyÓ should be changed to ÒCaptain BinkleyÓ.
The City Manager stated that this had already been changed.
The Mayor Pro Tem asked if the Fire Chief had checked with other cities on their
horse evacuation plans in case of an emergency.
Fire Chief Nielsen stated that he had done so. They did not have any plans. He
stated that he has talked to the Highland Riders and he is trying to put something
together so the firefighters know how to handle evacuation without the owners
being there. The other similar cities are also now working on making a plan.
Councilmember Millsap offered a motion to approve the minutes of the Regular
meeting of the City Council of April 10, 2003, Special meeting of April 15, 2003,
and Regular meeting of May 8, 2003 as amended. The motion was seconded by
Councilmember Klein and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
CONSENT CALENDAR
8. It is recommended that Item 8.a. be acted upon by one motion of the City Council
unless separate discussion is requested.
8.a. HEIGHTS CHRISTIAN SCHOOL PROJECT
May 2003 Status Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Councilmember Klein moved to receive and file the Heights Christian School May
report. Motion seconded by Councilmember Millsap and approved as follows:
Minutes of June 12, 2003
Regular City Council Meeting
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AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
PUBLIC HEARINGS
Mayor Pro Tem Borrowe asked the City Manager if all the notices have been
posted.
The City Manager answered in the affirmative.
1. LEGAL NON-CONFORMING STATUS AT 1772 N. HACIENDA ROAD
This matter came before the City Council at their Special Meeting of April 15,
2003 for consideration to extend the legal non-conforming use for the property
located at 1772 N. Hacienda Road until August 14, 2021.
City Manager Hendrickson reported that the City Attorney indicated that we must
redo this as it needed a notice as a Public Hearing. This has been noticed as a
Public Hearing.
RECOMMENDATION: Rescind Resolution No. 03-12 and adopt Resolution
No. 03-16 granting the extension with the following
conditions.
1. Area to be maintained as a Real Estate Office.
2. Sign be maintained in same size (approximately 40 square feet) and
location.
Mr. Hendrickson stated that the original request was made in 1989 by Mr. Hart.
RESOLUTION NO. 03-16 – A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA HABRA HEIGHTS RESCINDING RESOLUTION NO. 03-12 AND
AMENDING SECTION 2 OF RESOLUTION NO. 89-7 RELATING TO THE
LEGAL NON-CONFORMING STATUS OF THE PROPERTY LOCATED AT
1772 NORTH HACIENDA ROAD.
Mayor Pro Tem Borrowe opened the Public Hearing.
Charles Wolfarth, property owner of the realty office passed out pictures to the
City Council showing the sign. He could not state the date of the pictures. He
did note that picture #1 is the sign that was there when he acquired the property
which was bigger than the present one. Picture #2 is the sign he installed and is
the one that is there now. Picture #3 is the sign installed by Evergreen Realty.
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Regular City Council Meeting
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He really did not care for this sign. Eventually the tenant left and he put the
present sign back. This is a changeable letter sign similar to the sign at The
Park. Someone had suggested to the City Manager that there should be
landscaping to hide the parking lot. He felt that seeing that there was a car there
or not let you know if anyone was in the office. He stated that he had landscaped
the whole lot to make it fit in with the community.
Brett Marie Bruce stated that the sign could be made a little smaller if the Council
wanted it smaller. She stated that she would like to use the reader board for
listing and for public service announcements.
Mayor Pro Tem Borrowe asked Ms. Bruce if it was possible to change the
background color of the sign to possibly beige instead of white. He felt it might
blend in better in the Heights.
Ms. Bruce stated that she thought it would be easier to read with a white
background, but if that was an issue she could do that.
Mayor Pro Tem Borrowe closed the Public Hearing.
Councilmember Klein stated that he thought the resolution approved in the April
15, 2003 meeting settled the issue.
City Attorney Colantuono explained that he had noticed after the fact that the
Resolution had been approved without the required Public Hearing so he pointed
out to Mr. Beckman that originally in 1989 the decision had been made without a
needed Public Hearing. He told Mr. Beckman that there was technical noncompliance
with our code and that his client could rely on the April 15 date action
as they had relied on the previous action, knowing that there was a procedural
flaw or they could eliminate that flaw.
The City Manager stated that if the Council wanted to pass the Resolution 03-16
rescinding Resolution 03-12 and use the same language used in 03-12 that is
acceptable. If you wanted to add anything on to it you would have to add it to the
Resolution.
Councilmember Klein offered a motion to repeal Resolution No. 03-12 and
amends section 2 of Resolution No. 89-7 to read as follows:
2. That pursuant to the amortization schedule set forth in section 94 8.3 of La
Habra Heights Municipal Code, said use may continue and need not be
abated until August 14, 2021 and furthermore the use remains a Real Estate
office and that the single permanent sign be maintained in the same size (8
feet X 8 feet) and location of the existing sign and that staff shall document
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Regular City Council Meeting
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the location and size of the present sign within 30 days of this Resolution
amendment.
Councilmember Millsap asked if the language on the sign can be held to only that
concerning real estate items.
City Attorney Colantuono explained that the content on the sign could not be
controlled because it was private property. The only thing would be if the content
was a danger to traffic somehow.
A second to the above motion was offered by Councilmember Millsap and
approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
2. ZCA 2003-01 (ZONING CODE AMENDMENT) – LOCAL CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
Planning Director Brady reported that all cities and counties are required to
amend their local Guidelines to comply with the provisions of the State CEQA
Guidelines. The Guidelines were last revised in 1999. The Planning
Commission considered this item at their May 27, 2003 meeting. Following
discussion the Planning Commission did recommend approval to City Council.
Staff is recommending approval of the Cities local CEQA Guidelines and adopt
the attached Resolution.
City Attorney Colantuono noted that they had caught a few details. They added
one section to the new Guidelines reflecting the new mandatory requirement of
the Storm Water Permit which requires us to look at storm water issues in every
CEQA case. We are striking out of the Guidelines a number of provisions that
mimic the State Guidelines which were challenged in a law suit and assumed to
be either repealed or amended by the State. We can put them back in if needed.
He recommended that the City Council adopt the Resolution recommended by
the Planning Commission as amended by the June 3, 2003 Memo.
Councilmember Douglas asked the City Attorney what level of discretion does
the City have.
The City Attorney explained that the Guidelines provide a more user friendly
roadmap to CEQA compliance. This is a housekeeping item to keep the General
Plan Guidelines up to date.
Mayor Pro Tem Borrowe opened the Public Hearing.
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Regular City Council Meeting
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No one wished to speak.
Mayor Pro Tem Borrowe closed the Public Hearing.
Councilmember Douglas moved to approve Resolution No. 03-17 as amended in
City Attorney ColantuonoÕs June 3, 2003 Memo. The motion was seconded by
Councilmember Klein and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
OLD BUSINESS
11. APPROVAL TO PROCEED – REFINANCE OF 1996 ASSESSMENT DISTRICT
BONDS
City Manager Hendrickson reported that at the May 8, 2003 City Council meeting
the Council directed him to investigate other sources to find the best deal to
refinance the 1996 Assessment District Bonds that will not extend the date to
retire all indebtedness but will lower the net present value cost over the life of the
bond. The one he had picked lowered the cost by an estimated $250,000 over
the life of the bond. He found the original underwriter competitive. He asked that
the City Council authorize him to work with NBS, Piper Jaffray (underwriter), to
prepare documents for refinancing of 1996 Assessment District Bonds.
The City Attorney explained that there are a few changes to the Resolution that
his office recommends. In the second Whereas clause, rather than saying
Òwhereas the Public interest requiresÓ change to Òthis Council finds that the
Public interest requiresÓ to make it clear that you are making the finding. At the
end of section four (4) add a new paragraph which reads ÒThe City Council
intends to establish from the proceeds of the refunding bonds, described in
section five (5) hereof, a special reserve fund for the refunding bonds presumed
at the part 16 of division 10 of the California Streets and Highways code. The
City Council hereby provides for the inclusion of the amount of the special
reserve fund in the reassessment. At the very bottom of page two (2), section
five (5) where it reads ..Óthe last installment of the bonds or series of shall not
mature on a date that is not later (add) thanÓÉÉÉThis is a Resolution of
intention, not commitment.
Councilmember Klein stated that he was looking for keeping the payments the
same and shortening the payment period. He explained that he wanted a
proposal of this.
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Regular City Council Meeting
Page 10
The City Manager explained that Councilmember Klein would get that proposal
when this proceeds, but that is not what they are doing tonight.
Councilmember Klein offered a motion to approve Resolution 03-18 as amended
to proceed with the refinancing of 1996 assessment District Bonds. The motion
was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
NEW BUSINESS
12. PERS (PUBLIC EMPLOYEES RETIREMENT SYSTEM) RETIREMENT MONEY
PURCHASE PLAN
City Manager Hendrickson reported that there was a chance for the City
employees to take part in CalPERS 457 program, a deferred compensation plan.
The state also has a similar plan. It is up to the employee how much they put
into the plan as long as they follow the IRS rules. This does not cost the City
anything. Mr. Hendrickson stated that he saw nothing wrong with this. Several
employees have asked to belong to this plan.
RECOMMENDATION: Authorize City Manager to sign all applicable contract
documents on behalf of the City and adopt Resolution
No. 03-19.
Councilmember Douglas asked what the PERS 457 deferred plan consists of.
City Attorney Colantuono explained that it is the government version of the 401K
with deferred tax and no matching funds from the City. This fund is managed by
fees from the participant.
The City Manager explained that PERS is a Public Employees Retirement
System.
RESOLUTION NO. 03-19 – A RESOLUTION APPROVING ADOPTION OF
CALIFORNIA PUBLIC EMPLOYEES DEFERRED COMPENSATION PLAN.
Councilmember Klein offered a motion to adopt Resolution No. 03-19, a
Resolution approving the adoption of California Public Employees Deferred
Compensation Plan. The motion was seconded by Councilmember Millsap and
approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
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Regular City Council Meeting
Page 11
NOES: None
ABSENT: Carroll
3. SOCCER COMPLEX – PROPERTY OWNED BY L.A. COUNTY
City Manager Hendrickson explained that this item was requested to be placed
on the Agenda by Councilmember Douglas. It is a Resolution to consider
sending to the board of Supervisors. Mr. Hendrickson read the Resolution
objecting to the Soccer Field Complex on the eastern side of Harbor Boulevard
directly across from the southernmost intersection of Old Fullerton Road and
Harbor Boulevard. This would generate additional traffic, fire and safety hazards
for the City. The Soccer Field Complex seems to violate the draft land use of
several of the elements of the CityÕs proposed General Plan. The City of La
Habra Heights is requesting that the County sell the described property to the
Puente Hills Landfill Native Habitat Preservation Authority.
RECOMMENDATION: Authorize City Manager to sign all applicable contract
documents on behalf of the City and adopt Resolution
No. 03-20.
RESOLUTION NO. 03-20 – REQUEST TO CONSIDER SALE OF PROPOSED
SOCCER FIELD COMPLEX IN THE CITY OF LA HABRA HEIGHTS ON
PROPERTY OWNED BY LOS ANGELES COUNTY.
Councilmember Douglas offered a motion to approve Resolution 03-20
requesting considered sale of proposed Soccer Field Complex in the City of La
Habra Heights on property owned by Los Angeles County. The motion was
seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
14. APPROVE REQUEST TO GO TO BID FOR ROAD MAINTENANCE AREA 2
City Manager Hendrickson stated that he has a letter from Les Williams,
Chairman of the Public Works Committee. They are recommending what work
needs to be done and what type of work. Some need slurry seal and some need
overlay. He explained that this should go out to bid in the spring so the work will
start in summer. Mr. Hendrickson stated that he was asking the City Council to
approve the bid at this time knowing that you would have to approve that amount
in the 2003-04 budget. The money is already there.
RECOMMENDATION: Authorize the City Manager to direct the appropriate
staff to prepare documents and proceed with the bid
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Regular City Council Meeting
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process for Road Projects under District #2 and #3.
with the understanding that this item will be included
with the entire Budget when adopted. The cost
should not exceed those costs listed in the FY 2003-
04 Budget.
The City Manager explained the differences between the three districts:
1. District 1 is the original amount bonded for to fix the roads.
2. District 2 was the voted amount to maintain the roads. (Slurry or chip seal)
3. District 3 was to do more substantial repair to the roads. (Overlays)
City Manager Hendrickson stated that he has not seen any 5-year plan for road
work. He felt that they need a 5-year Capital Improvement Plan.
Jerry Shipman stated that there is a 5-year estimate available.
Councilmember Douglas stated that he would like to be assured that all of the
City has been checked over and prioritized for what needs to be done now.
Mayor Pro Tem Borrowe suggested the City Council amend the Resolution to go
ahead and fix the most severe situations initially and then get a report that shows
city wide conditions after which we could move forward with those items.
Deputy City Engineer Lang stated that if the Council could approve the dollar
amount it would give the flexibility to sit down at the next Committee meeting and
prioritize the list.
City Manager Hendrickson stated that it depended on what they would like to get
done this year.
Councilmember Klein asked how much was in the fund.
The City Manager stated that there was about one million dollars.
Councilmember Klein stated that we are going to spend less than half of it. The
Roads Committee has gone over the whole City and has judged the area that
needs repair the most. He stated that he would like to see this get started and if
during the review they find something that is badly in need of repair they should
have the funds to take care of it at this point in time. He stated that he would like
to see this based on the total amount of money available for maintenance. While
working on this first section start looking in the rest of the City for anything else
that needs repair now and go ahead working on a 5-year plan.
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Councilmember Douglas agreed that the work needs to get started while they
look for any more maintenance that is needed.
Mr. Shipman explained that the whole City has been looked at and the listed
work is not the only maintenance that is important to work on. After this goes out
to bid the Works Committee will come back with another list.
Mayor Pro Tem asked how long it would be before the 5-year plan would be
ready.
Deputy City Engineer Lang stated that they should have a 5-year plan ready in
approximately two months.
Councilmember Klein offered a motion to approve the request to go to bid for
road maintenance Area number 2 based on the comments made this evening.
The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
City Manager Hendrickson stated that he would like to see the dollar amount in
the Budget to cover the maintenance and that we would not exceed that amount
without authorization from the City Council.
Councilmember Millsap stated that she would like to see the 5-year plan at the
same time the bid comes back.
ADMINISTRATIVE REPORTS
15. CITY MANAGERÕS REPORT
Report on the moving of the recycling bins at ÒThe ParkÓ to the southwest parking
lot.
Senior Management Analyst Orchanian reported that she has had several
complaints from residents regarding the two blue recycling bins located in the
lower portion of the Park facility. Due to this Staff is considering relocating these
two blue bins to the west parking lot beside the green bins that are already there.
She stated that they are considering installing a gate into this area to have more
control. The gate will be closed during the night. She stated that they are
considering fencing the back of the bins to keep people from dumping items
down the hill.
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Regular City Council Meeting
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The City Manager stated that he has not spoken to the SheriffÕs Department, but
closing the gate at night should be easy for them to do.
Councilmember Klein stated that he thought to keep the dumping from
continuing, they would need to fence the back area where the blue bins are now
located. He stated that he has been trying for over a year to get another
recycling bin. Mr. Klein felt that as soon as the mandatory recycling is working
the recycling bins will no longer be needed.
Councilmember Millsap stated that she thought people outside of the City were
dumping even commercial items in the City.
The City Council discussed whether they want the recycling bins at the Park.
Mayor Pro Tem Borrowe mentioned the trash dumping problem at the Los
Palomas ring area.
SheriffÕs Lieutenant Ault stated that the problem area is an attractive nuisance
and needs some barrier to keep people out.
The consensus of the City Council was to leave the recycling bins until both of
the haulers have started their recycling program and then get rid of the bins and
close off that area.
Councilmember Millsap asked the City Manager to put a gate or barrier also in
the western parking lot at the bins.
The wall on the property at 707 Dorothea Road which has been discussed
recently will have a CUP application coming up at the Planning Commission
meeting on the 24th of this month. This does not move as fast as people would
expect as we have to move cautiously to protect the City.
Another item to consider is the Marquee at The Park. A protocol has been set up
for who can place announcements on the Marquee. This sign was donated to
the City so the first priority should be –
1. City Council and Planning Commission meetings
2. City Department meetings
3. City sponsored events or co-sponsored events
4. Citywide events sponsored by non-profit groups
5. City events sponsored by non-profit groups or government agencies not in the
City
6. Occasionally if the sign is not in use someone could note their event at the
Park
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Regular City Council Meeting
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Councilmember Klein noted that we need to be sure the name of the group is put
up.
Councilmember Millsap stated that directions and requests should be in writing.
Mayor Pro Tem Borrowe stated that he felt the first thing to consider when
someone wants to put something up on the Marquee is if it is political.
The City Manager mentioned that the next item is solid waste. He wanted to
commend the residents that they are doing very well. He noted that the last
report he received was that the City is up to 42% or 43%. A brochure will be
coming soon. The haulers have agreed to help finance the brochures. He also
noted that he would soon be bringing a suggested ordinance on construction
debris and demolition debris handling which can help us meet our goal. Mr.
Hendrickson reminded everyone that there will be only two haulers in the City.
He stated that he cannot allow another hauler.
Mr. Hendrickson explained that he has found how the City can implement for a
reasonable cost a Geographical Information System (GIS). This would be usable
by Engineering, Public Works and Fire Department. He noted that he has given
the City Council a website which has a 30 day opportunity to look at this.
The City Manager mentioned the next item is the large white signs denoting
building projects. He stated that there needs to be standardized letters so they
can be read from the road.
City Manager Hendrickson stated that they are changing all of the locks at the
Park, including the shed. The keys will be limited. He explained that we should
not store items for other organizations. This could cause a liability issue. He
further stated that the hedge at the upper parking lot has been taken care of.
The State budget still has not been resolved. He stated that we need to let the
State legislators know how we feel about the State taking away the CityÕs funds
(VLF) and using them to pay for the problems they created. We do have to be
careful how we spend due to the reduced VLF. He stated that we might have to
deficit spend or use reserve funds to do what we need to do this year.
Councilmember Klein stated that he liked the big white signs so you know what
on a property is being addressed, but he has seen some that the paint ran after a
rain making it difficult to know what was happening. He agreed that there should
be some standardized rules on the signs.
Mr. Klein stated that he thought it was very important that any City property has
to be under control, such as keys for all areas and we need to store just City
items at this time. If necessary we can charge extra for use of City property.
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Regular City Council Meeting
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Mayor Pro Tem Borrowe added that each group that uses City property must
have proof of proper insurance.
The City Manager stated that he wanted to look at each event more closely
because some events from the security and damage point of view lend
themselves to less control than others.
Councilmember Klein stated that he would like to see the policy regarding the
rules and regulations and what steps are going to be taken for oversight.
City Manager Hendrickson stated that he is going over the policy written in 2000
and will see if it still fits.
Councilmember Millsap stated that usage has changed since 2000. She stated
that she was not for giving out keys. She felt that someone should open and
close up the facilities.
The City Manager stated that it was a problem of manpower and cost. The keys
would have to be handed out selectively and if there were further problems the
policy would have to be reviewed and tightened up. It depends on how the renter
handles the key.
The Senior Management Analyst explained that originally the master key was
duplicated and handed out. This is the problem. She stated that they were
changing the locks and the keys cannot be duplicated without an I.D. card.
SheriffÕs Lieutenant Ault explained that Leslie at City Hall has provided the Sheriff
with a copy of the schedule of who is supposed to be in the Gymnasium and at
what time. She stated that they have used this. Leslie keeps the Sheriff aware
of any changes that come up.
Councilmember Millsap asked if an incident that occurred at the Gymnasium has
been taken care of by the party that was using the Gymnasium when damage
occurred.
Senior Management Analyst Orchanian stated that the party has been spoken to
and they agreed to pay the expenses.
City Manager Hendrickson stated that they were considering different cost
effective ways to watch the facilities. One way is surveillance in different areas.
Mayor Pro Tem Borrowe noted that we need to look for ways that we will not be
third party down to receive insurance benefits.
Minutes of June 12, 2003
Regular City Council Meeting
Page 17
The City Manager stated that one way to do that is require that each renter buy
insurance through the City through our JPIA.
City Attorney Colantuono suggested that we also run the offered insurance by
our risk managers at the risk pool.
Councilmember Douglas asked the City Manager if he has talked to Fire Chief
Nielsen about the needs of the Fire Department if they needed legal advice and
could possibly use the City Attorney.
The City Attorney stated that he had discussed it with the Chief and told him if he
wanted to move forward he could come over and they would talk about it. The
Chief stated that they did not want to create an issue and did not want to move
forward at this time.
Councilmember Douglas stated that at the last meeting it had come up that there
were some ongoing sales of private organization items in the City office.
The City Manager stated that the sales have stopped.
Councilmember Douglas noted that he has seen ads that you can buy an official
La Habra Heights sweatshirt with a City logo. He asked if the City sells
sweatshirts with the City logo.
The City Manager stated that the City does not sell or authorize the sale of
sweatshirts with the City logo.
The City Attorney stated that the City does not have a logo. They do have a
seal. The City needs to put some effort to make sure their seal is not misused on
legal documents.
Councilmember Douglas stated that he had heard that some time ago the Parks
and Recreation Commission had sold City sponsored sweatshirts with the seal
on it and at some point had turned it over to some private organization. He
asked the City Manager if he could look into this.
16. CITY ATTORNEYÕS REPORT
There was no report.
Councilmember Douglas asked that the Attorney explain the item from ÒClean
Water AllianceÓ meant which had been in his box.
City Attorney Colantuono replied that this was an Environmental group formed
because of the Clean Water Act, which controls the licensing of storm drains. A
Minutes of June 12, 2003
Regular City Council Meeting
Page 18
blue line stream is considered a storm drain. The current permit is very onerous.
Their requirement is 0 daily limits for trash. This is a non-funded mandate. This
is an impossibly expensive proposition.
Councilmember Douglas stated that there are very large ecological steps being
advanced. He encouraged the Council to be aware of these unfunded
mandates.
Councilmember Douglas mentioned another letter he received from Diamond Bar
against AB496 Santa Ana River Conservancy.
City Attorney Colantuono stated that this has to do with putting together open
space habitat areas. It may concern Diamond BarÕs desire to have another north
– south route through the hills to relieve the pressure. It concerns us due to
AeraÕs plans.
17. PLANNING DIRECTORÕS REPORT
There was no report.
18. CITY ENGINEERÕS REPORT
Report on Grading Import/Export Procedures for Grading Permits
Deputy City Engineer Lang reported that presently when an applicant is
approved for grading, the contractor does his grading and then he calls for an
inspection. The grading contractor or licensed land surveyor certifies that it has
been done in compliance with the grading permit. There have been problems in
the past that if they have not complied with the grading permit it is too late to do
something about it. Mr. Lang stated that he has come up with a policy to
eliminate that problem. On any grading that is to be done over a certain amount,
we will meet with them in the field before any grading is done, to establish a truck
route to and from the grading site, collect on a daily basis the load tickets that are
brought there and if at any time they are doing more than 200 cubic yards a day
notify us at that time so we can check and see what is happening. When they
are close to completion we are notified so we can be there to see that they do not
go over their amount. He noted that they will probably follow this up with an
ordinance that is even more restrictive. We hope to discover what kind of
damage is done to the road by large vehicles and find a way to attach that to an
ordinance.
Councilmember Douglas asked if some cities have not been able to charge a
Òper yardÓ fee on hauling in and out.
Minutes of June 12, 2003
Regular City Council Meeting
Page 19
The City Attorney stated that you could impose a higher fee on dirt hauling if you
could demonstrate the nexus. You have to figure out how much revenue you
expect to get out of this and if this is worth chasing it.
Councilmember Douglas asked if there was a way to cover the cost of damage
from a large truck that cuts across a corner on the way to the site being worked
on.
Deputy City Engineer Lang answered that unless you could prove that they were
the ones who did it, it would be impossible. Mr. Lang said they were going to be
looking into the possibility of limiting the size of the trucks to a single truck, not a
truck and trailer.
Councilmember Douglas suggested they try to limit the trucks at certain hours
such as rush hour and when school buses would be on the roads.
Deputy City Engineer Lang added that they should not work on Fridays because
Engineering is not open then.
The City Manager stated that it would be stronger if done by Ordinance.
The City Council had no objection to the Deputy City EngineerÕs new policy for
grading.
Councilmember Klein asked where we stand on the property on Olinda that has
the drainage pit issue.
The Deputy City Engineer stated that the applicant was in the office last week.
He understands the problem and he is not going to use the same Engineer. He
knows that he cannot occupy until this problem is solved.
Councilmember Klein asked Deputy City Engineer Lang to report on this at the
next meeting.
The Council and the Deputy City Engineer discussed the problems of the
retaining wall at the property on Dorothea Road and the many corrections and
proofs needed on the construction of the wall.
The Deputy City Engineer has told the owners each type of work had to be
signed off by the proper engineers, which was not done.
19. FIRE CHIEFÕS REPORT
Report on Weed Abatement Process
Minutes of June 12, 2003
Regular City Council Meeting
Page 20
Fire Chief Nielsen noted that for the Town Hall meeting on July 15, 2003, he will
have a presentation of the CERT program (Community Emergency Response
Teams). Chief Nielsen explained that the firefighter organization earlier
mentioned by Councilmember Douglas was not a dead issue, but put on hold for
now. The City Manager explained to him that no City funds can be used for this.
It is not like a union, but an event co-coordinator to take some of the load off of
him. He noted also that Councilmember Millsap had asked about the money
from the sodas sold by the Explorers. This money belongs to the Explorers.
They bought the sodas with their own money.
Fire Chief Nielsen reported that for the Weed Abatement program his staff has
been instructed to provide good customer service. Any report or complaint gets
feedback, but the message must reach the Fire Department. We have had 29
complaints and we are following up on 15 parcels. Inspections are being made
every day. He noted that the City has 306 unimproved parcels. We have
inspected 230 and sent out 120 letters out to those that have not complied. We
are now checking with real estate agents who have for sale signs on some of
these properties.
Councilmember Douglas asked if the weeds are checked within three (3) feet of
the pavement.
Roadside clearance is being checked. Any problem is handed over to the
Deputy City Engineer and he has sent out at least 50 letters. He stated that we
have a year around fire hazard.
20. SHERIFFÕS DEPARTMENT REPORT
There was no report.
21. COMMISSION/COMMITTEE REPORTS
Update by Lara Orchanian, Staff Liaison, Parks and Recreation Commission,
regarding the scheduled events for the CityÕs 25th Anniversary.
Ms. Orchanian reported that the Canyon Fly study is progressing. They have
sent a male fly to an entomologist in Washington.
The Staff Liaison stated that at the last sub-committee meeting a member
suggested we change the City logo or seal. We are seeking the CouncilÕs
direction as to whether they would like to get a staff report next month to address
this item.
Councilmember Klein was not in favor of a change.
Minutes of June 12, 2003
Regular City Council Meeting
Page 21
The Council consensus was if there is still interest in this at the next subcommittee
meeting the item be placed on the July City Council meeting agenda
for further discussion.
Councilmember Douglas asked that the City Manager check the CUP for the
antennas on the hill to see if they are following the CUP.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE
AGENDA
No comments.
ADJOURNMENT
Mayor Pro Tem Borrow adjourned the meeting at 12:43 A.M. to the Special City
Council meeting June 19, 2003 to consider the General Plan.
ATTEST:
_______________________________
MAYOR PRO TEM, ED BORROWE