CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
A point has been reached where, in the opinion of the City Council on the advice of its counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council.
CONFERENCE WITH LEGAL COUNSEL
Existing Litigation:
Name of Case: Masacco vs. La Habra Heights
PERSONNEL
Title: City Attorney
1. CALL MEETING TO ORDER
Mayor Carroll called the Regular City Council meeting to order on Thursday, April 8, 2004 at 7:30 P.M. in the Community Center Multi Purpose Room.
The City Attorney stated that in addition to the two items listed for the closed session agenda, the Council unanimously added a status report on the potential for the filing of a code enforcement action involving 707 Dorothea Road. The Council received a status report, but did not take an action that requires a report on any of the three items.
2. ROLL CALL
Present were: Mayor Carroll, Mayor Pro Tem Borrowe, Councilmembers Klein and Millsap. Councilmember Douglas: excused absence. Also present were City Attorney Colantuono, City Manager Hendrickson, Senior Management Analyst Orchanian, Fire Chief Nielsen, Fire Marshal Powderly, Sheriff Captain Smith, Community Development Director Alexander and Deputy City Engineer Lang.
3. FLAG SALUTE
Mayor Carroll asked Gavin Saucedo and Logan Register to lead the flag salute.
4. PRESENTATIONS
Jim Powderly thanked Gavin Saucedo for realizing the importance and his action in reporting a brush fire. He also thanked the Thursday fire crew and responding resident firefighters who put out the fire.
Mayor Carroll presented the certificate of appreciation to Gavin Saucedo.
The fire crew presented Gavin with a picture of his trip to the Fire Department.
Kathy Sauble, Emergency Preparedness Chairperson, read the proclamation of the Board of Supervisors of Los Angeles County proclaiming the month of April 2004 as the County of Los Angeles Earthquake Preparedness month in conjunction with the 15th year of the Emergency Survival Program Public Education Campaign. Ms. Sauble suggested that everyone keep an extra pair of glasses and car and house keys in their 72-hour kit.
Ms. Sauble mentioned that they have been working on the Health and Safety Fair which will be held on May 8, 2004, 10:00 A.M. to 3:00 P.M. at The Park. She stated that there will be many helpful demonstrations.
Public Works Committee
Marsha Coolidge reported that the Public Works Committee has received bids on the overlay and slurry projects today. She stated that the Engineer and the Public Works Chair will consider the bids and make a recommendation to the City Council at their April 22, 2004 meeting.
Senior Management Analyst Orchanian stated that the County of Los Angeles has proclaimed the month of April as Healthy Parks Month in an effort to curtail the obesity epidemic prevalent throughout Los Angeles County. In order to work with the other Parks Departments we encourage people to use their parks to exercise.
Mayor Carroll read the City of La Habra Heights proclamation that they are joining in this effort.
Ralph Nunez, Assistant Director from LA County, thanked La Habra Heights and acknowledged the Countys 60th anniversary of the establishment of County Parks and the partnership La Habra Heights has with them in their Park.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Nina Guerini, Le Flore, spoke of the danger of the speedy bicycle riders where she lives. She felt that in her opinion the Sheriffs should do something about it. She stated that she was opposed to the bike lanes. She also felt that we need a different law enforcement group.
Lara Orchanian, announced that the Avocado Festival will be held May 22, 2004 from 10:00 A.M. to 4:00 P.M. at The Park. There will be Crafters, Food Vendors and Games. One of the Games will be a Dunk Tank. She noted that volunteers are needed for the Dunk Tank. She asked that anyone interested in being dunked call her at City Hall.
Debbie Masacco, Choral Drive, read a letter from City Attorney Colantuono to Mr. and Mrs. Turtzer who agreed to the reimbursement of legal fees incurred by the City to defend the approval of the addition to their home agreed to by the Turtzers. They have not done this. The City has agreed to settle this matter for $9,000 with the City bearing the rest of the litigation cost. The cost has now reached approximately $15,000. Ms. Masacco stated that if this settlement is not reached the City can ask for the full amount they have incurred. Ms. Masacco explained that if the City receives anything less than the full amount incurred she would consider this an unconstitutional use of Public Funds.
City Attorney Colantuono stated that he had not replied to Mr. Masaccos letter about their negotiations with Mr. Turtzer being unconstitutional. This is a negotiation between the City and the defendant, Mr. Turtzer.
Michael Bagwell, Dorothea Road, stated that he was concerned with the danger of the wall and the cut below Cypress at 707 Dorothea Road. Even though described as dangerous in findings, the applicant has given Staff a new time schedule for new plans. Mr. Bagwell did not feel there was going to be a satisfactory solution to this problem.
City Attorney Colantuono explained that the Citys goal is to get the site restored. He stated that he asked the City Engineer, Mr. Melicher, to meet with the applicants new Engineer and the two Engineers, at Mr. Colantuonos request, negotiated an agreement of what schedule was reasonable and aggressive. This, if followed, will arrive at a safely reconstructed site that meets the Citys codes by October. They have been told that we will go to court if necessary.
Mr. Colantuono commented that the weed abatement on the site has been completed. They need to show monuments for surveying and for the orthoscopic photos.
John Beau, Casalero Drive, spoke of his concern with solid perimeter fencing of property. He stated that animals cannot pass through such property and will have to use our roads and this can be a danger to the animals and people traveling the roads. He proposed an ordinance that would take this into consideration.
Ann Cote invited everyone to take part in The Great Earth Walk on May 1st in Powder Canyon. Those interested should register for the event with Ann Cote or at City Hall. It will begin at the riding ring on Fullerton Road.
Judy Hathaway Francis noted that there were refreshments at the back of the room for celebration of the reorganization of the City Council and to thank outgoing Mayor Carroll and Mayor Pro Tem Borrowe for their service and their work on the General Plan.
Mayor Carroll closed the Public Comments.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – MARCH 2004
Councilmember Millsap noted that the warrants were not signed by the City Treasurer and she asked if Ms. Mosley has had a chance to look at them.
City Manager Hendrickson answered that he has not been advised whether she has looked at them.
Councilmember Millsap stated that item 6, Treasurers Report was also unsigned.
Mayor Carroll stated that he saw her in City Hall yesterday, so she probably has looked at the items.
Councilmember Klein offered a motion to receive and file the March 2004 warrants in the amount of $298,368.13 pending the signature of Arlene Mosley, City Treasurer. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
6. TREASURERS REPORT – FEBRUARY 2004
Councilmember Klein offered a motion to receive and file the February 2004 Treasurers Report pending the signature of Arlene Mosley, City Treasurer. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
The Treasurers Report Consists of:
Schedule of Cash & Investments
Schedule of LAIF Investments
Cash With Fiscal Agent – Bank of New York
Payments to RKA/Transtech Civil Engineers
Payments to City Attorney
Major Planning Projects
Balance Sheet
Monthly & Year-to-Date Revenues Compared to Annual Budget
Monthly & Year-to-Date Expenses Compared to Annual Budget
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special Meeting of the City Council of March 4, 2004 and of a Regular Meeting of the City Council of March 11, 2004.
Mayor Pro Tem Borrowe asked the meaning of FEIR at the bottom of page one.
The City Attorney answered that it meant Final EIR.
Councilmember Klein offered a motion to approve the Special City Council Meeting minutes of March 4, 2004 as presented. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
Councilmember Millsap corrected the name of Captain Smith on page two, first paragraph to read Deputy Bickel.
Councilmember Millsap offered a motion to approve the Regular Meeting of the City Council of March 11, 2004 as amended. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
SCHEDULED MATTERS
8. REORGANIZATION OF THE CITY COUNCIL
a) The City Council will select a Mayor and Mayor Pro Tem
City Attorney Colantuono conducted the nominations.
Councilmember Klein nominated Ed Borrowe as Mayor.
Councilmember Klein offered a motion to elect Ed Borrowe as Mayor. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
Mayor Borrowe conducted the election of the Mayor Pro Tem.
Councilmember Carroll offered a motion to elect Bruce Douglas as Mayor Pro Tem. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
Mayor Borrowe read a recognition from the City of the things Stan Carroll accomplished for the City while he was Mayor. Councilmember Carroll was presented with the Mayors pin for his service.
The meeting was paused for the refreshments provided.
PUBLIC HEARINGS
9. HACIENDA GOLF CLUB – CONDITIONAL USE PERMIT 2004-13 AND STANDARDS MODIFICATION 2004-15, 718 EAST ROAD.
RECOMMENDATION: Approve Planning Commissions recommendation.
RESOLUTION NO. 04-20 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 2004-13 AND STANDARDS MODIFICATION 2004-15.
Community Development Director Alexander reported that the applicants, Hacienda Golf Club were asking for a Standards Modification for view preservation to exceed the 750 square foot building area and 16 feet in height limitation and Conditional Use Permit for the remodel of their Club House and to exceed the 1,000 cubic yards of solid fill materials grading limitation for the remodel of a Club House at the Golf Club. The remodel and new construction will take place on 14.8 acres. After redesigning their project, they have lowered the export of dirt to 875 cubic yards, which would not trigger a CUP for grading. The CUP will still be needed because the Golf Club is a business within a residential district. Staff is proposing that the Council adopt a mitigated negative declaration for this project. The Planning Commission added a condition that a Landscape plan be submitted to the Planning Commission before issuance of building permits and a condition that prior to any demolition, a demolition permit be obtained from the City. There are conditions from Engineering, the Fire Department and two special conditions: one, that all mitigation measures found within the negative declaration shall become conditions of approval and lastly, the Golf Club shall prepare a mitigation monitoring plan which shall be filed with the City covering the time that they file for building permits until the project is complete.
Councilmember Millsap asked for Mr. Alexanders meaning of the articulation of the building.
The Community Development Director replied that the building code requires that the horizontal length of any building faade is limited to fifty feet unless a break of at least five feet in depth is provided. This keeps the building from having a flat warehouse effect. The plans for the Golf Club follow this rule very well.
Mayor Borrowe quoted a requirement on page eight of Mr. Alexanders report that the applicant would have to pay for a flex test on the road pavement. Mr. Borrowe asked what a flex test is.
Deputy Engineer Lang explained that this is a test that tells the quality of the pavement prior to start of construction. After construction the test will tell if the road has deteriorated. It tells if there has been significant wear and tear.
City Manager Hendrickson stated that originally this was placed in the conditions because of the large export of dirt that was expected. It was decided to keep it in because of the unknown amount of demolition trips.
Mayor Borrowe asked what roads would be tested.
Mr. Lang explained that they knew East Road would be tested, but the route that will be taken has not been determined yet.
Mayor Borrowe asked how the Clubs responsibility is determined.
Mr. Lang explained that the before test and the after test are measured by the life expectancy of the road in both tests. The amount of life expectancy of the road they used in calculations would determine the cost they would have to cover.
Mayor Borrowe opened the Hearing to Public Comment.
Marty Temple, President of the Hacienda Golf Club, presented a brief history of the Hacienda Golf Club which was started in 1920. The infrastructure of the building is very old in some parts which are beyond repair. Mr. Temple stated that the new design is similar to the design followed in 1927 and should be a proud addition to La Habra Heights. He stated that they have added many trees and they have always been a good citizen in La Habra Heights. He noted that the new design is a little smaller than the present building.
Tim Mayeda, Construction Committee Co-Chairman, explained that they have been working on this Hacienda Golf Club design since 1999. He stated that this design is better in every way than what they had.
Councilmember Carroll commented that in his opinion they have a stunning design.
Mayor Borrowe asked when they anticipate starting the project and how long will it take to finish.
Mr. Mayeda explained that they would start as soon as they get City approval. The preparation of working drawings and Engineering drawings will take approximately four months. Mr. Mayeda stated that the project will take eleven to thirteen months. The course will be playable during that time.
City Manager Hendrickson explained that he would like to add a condition that would allow a 50% reduction by taking the demolition to the correct landfill or separating out the material. That will help the City to stay where they need to be in source reduction.
The City Attorney noted that this should not be hard for them to do. On page four (4) of the Resolution, Item six (6) add: and shall require a diversion of at least 50%, by weight, of the debris generated by demolition and construction. He stated that there has to be paper work showing that you have done it.
City Manager Hendrickson explained that we need to specify that it comes from La Habra Heights as they go by zip code and we are not the only City covered by 90631.
Councilmember Klein asked how long they expected the demolition to last and what they would be using for temporary quarters.
Mr. Mayeda stated that the demolition should take three to five weeks. He stated that they have a pool facility and a half-way house that are untouched by the remodel. He noted that they have not made all the decisions on this yet.
Mayor Borrowe closed the Public Comment and turned the discussion back to the Council.
Councilmember Klein offered a motion to approve Resolution No. 04-20 as amended by City Manager Hendrickson. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
CONSENT CALENDAR
10. It is recommended that Item 10.a. be acted upon by one motion of the City Council unless separate discussion and/or action is requested by a Councilmember or a member of the audience.
10.a. HEIGHTS CHRISTIAN SCHOOL PROJECT
March 2004 States Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Councilmember Klein offered a motion to receive and file. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
NEW BUSINESS
11. RENEWAL OF THE GENERAL SERVICES AGREEMENT (GSA) WITH THE COUNTY OF LOS ANGELES.
Request for approval to renew the City of La Habra Heights General Services Agreement (GSA) with the County of Los Angeles, which will expire on June 30, 2004.
RECOMMENDATION: Approve GSA agreement with County of Los Angeles.
RESOLUTION NO. 04-14 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT (GSA) WITH THE COUNTY OF LOS ANGELES.
City Manager Hendrickson explained that the County offers its services every five (5) years for items such as animal control, public works, inspections, drainage channel maintenance, sign maintenance, road striping, and storm drain repairs. The rates are set and controlled by the Contract Cities. We are looking at a projection for 2004-05 of about $67,000. One reason this figure is less than last time is that we have dropped sign maintenance and traffic striping as we found a less expensive way of doing these. We only pay for what we ask for. We would have to notify the County by June 1st if we want to drop any service.
Councilmember Carroll offered a motion to approve Resolution No. 04-14 for the GSA service agreement. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
12. AGREEMENT FOR LAW ENFORCEMENT SERVICES WITHIN THE CITY OF LA HABRA HEIGHTS FROM THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT.
Request for approval to renew agreement for law enforcement services within the City of La Habra Heights from the Los Angeles County Sheriffs Department under the City-County Law Enforcement Services Agreement.
RECOMMENDATION: Approve agreement for law enforcement services.
RESOLUTION NO. 04-16 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITHIN THE CITY OF LA HABRA HEIGHTS FROM THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT UNDER THE CITY COUNCIL LAW ENFORCEMENT SERVICES AGREEMENT.
City Manager Hendrickson reported that this contract was up on July 1st. They have included this time that if we want to stop their service we must give 180 days notice for termination. He also noted that if we were to change service providers it would take about that long for the new providers to work out details for service. This is a five (5) year contract, and we can terminate for any reason.
Councilmember Carroll asked the City Attorney; since the Resolution speaks of the sixty (60) day cancellation prior to July 1, but the contract, in 7.3 speaks of the 180 days cancellation notice. Does this make any difference?
City Attorney Colantuono explained that the contract goes into control over the Resolution, but 7.3 should be in the Resolution. The Resolution can be adopted with that amendment.
Mayor Borrowe asked how the City negotiates with the police services.
City Manager Hendrickson explained that we would negotiate with the Contract Cities. We may choose the level or type of services. The cost would be through the Contract Cities.
City Attorney Colantuono explained how and why the system was developed.
Councilmember Carroll offered a motion to approve Resolution 04-16 with the addition of contract 7.3 stating 180 days cancellation notice. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
13. 2004 ASSISTANCE TO FIREFIGHTERS GRANT.
Request for approval of the 2004 Assistance to Firefighters Grant, administered by the Department of Homeland Security and the Federal Emergency Management Agency.
RECOMMENDATION: Approve application of the 2004 Assistance to Firefighters Grant.
RESOLUTION NO. 04-15 – A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS APPROVING AND SUPPORTING THE APPLICATION OF THE 2004 ASSISTANCE TO FIREFIGHTERS GRANT, ADMINISTERED BY THE DEPARTMENT OF HOMELAND SECURITY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Fire Chief Nielsen reported that he is asking for this Grant to replace protective safety gear for the firefighters. The Grant is for $99,408 and the Fire Departments share will be $9,940. He explained that he was asking for:
25 sets of complete turnout gear
Thermal Imaging Camera
Four way valve and aluminum gated Wye valve
Complete hose selection for four engines and stock
Chief Nielsen reported that FEMA checked to see if the Fire Department had received the Grant from last year and were surprised to see that the expensive equipment was sitting outside in the sun. This is why we need new hose.
Councilmember Carroll offered a motion to approve the 2004 Firefighters Grant. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
14. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Request for approval of the exchange of Community Development Block Grant (CDBG) Funds for General Funds for the fiscal year 2004-2005 with the City of San Fernando.
RECOMMENDATION: Approve the exchange of grant funds.
RESOLUTION NO. 04-17 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF LA HABRA HEIGHTS AND THE CITY OF SAN FERNANDO, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2004-05.
The Senior Management Analyst Orchanian reported that the City of La Habra Heights has $28,306 of CDBG funds to exchange with the City of San Fernando for $19,814.20 of their General Funds to La Habra Heights for the fiscal year 2004-05. We were not able to use the CDBG funds. Ms. Orchanian stated that she was able to negotiate a larger amount than originally thought.
Councilmember Klein offered a motion to approve the exchange of funds. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
15. AGREEMENT FOR EXCHANGE OF PROP A FUNDS.
A Resolution to approve agreement with the City of Whittier for exchange of Prop A funds for General funds at a $.70-cents-per-dollar exchange rate.
RECOMMENDATION: Adopt Resolution No. 04-18.
RESOLUTION NO. 04-18 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AN ASSIGNMENT WITH THE CITY OF WHITTIER.
The Senior Management Analyst reported that the City of Whittier has advised her that they are not ready to make this exchange at this time. She stated that she hopes to be able to bring this item back in May.
Mayor Borrowe asked if there were other cities that we could deal with on this.
Ms. Orchanian stated that since we have had a contract with Whittier for the last several years it would be better to deal with them because they are providing our Dial-A-Ride service and it would be more appropriate to deal with them on this. The City of Whittier feels the same.
The City Council agreed to table this item.
16. ADJUST SPEED LIMITS ON CERTAIN STREETS.
A Resolution to approve an engineering and traffic survey to determine prevailing speeds and help set appropriate speed limits.
RECOMMENDATION: Approve Resolution No. 04-19.
RESOLUTION NO. 04-19 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING A LOCAL SPEED LIMIT, AND AMENDING THE 1998 SPEED ZONE STUDY.
Deputy Engineer Lang reported that after receiving a request from a resident to place a speed limit sign on a street, Engineering found that there were three sections in town that we did not have a survey on: such as West Road, a portion of East Road and a portion of Fullerton Road. He added that the Resolution states forty (40) miles an hour and it should be thirty (30) miles per hour.
Mr. Lang explained how this was figured to find what the speed limit should be. He stated that if the results of the survey are approved, the speed limits will be posted.
Councilmember Carroll offered a motion to adjust the speed limit according to the speed survey. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
17. APPROVE CONTRACT FOR CONSULTANT SERVICES IN DEVELOPMENT OF ZONING AND DEVELOPMENT ORDINANCES.
RECOMMENDATION: City Council approve the hiring of Blodgett Baylosis Associates to work with City Staff, Planning Commission and the City Council to develop new ordinances.
City Manager Hendrickson reported that the City has received four responses. Interviews were held March 25th. RBF Consulting did not show up at their interview time. The other three companies were interviewed as to their knowledge of the General Plan and knowledge of the City, and their understanding of what was required. The interview panel consisted of two members of the Planning Commission, two of the City Council, the Planning Director and City Manager. After discussion, it was decided that we would recommend awarding the contract to Blodgett Baylosis Associates. Mr. Blodgett provided an outline to the City showing that his goal is to be finished in six months. The City Manager stated that Mr. Blodgett presented a project budget at a cost of $44,000 and he also estimates $2,500 for expenses.
Mr. Hendrickson stated that Willdan Companys bid was $59,000, Blodgett Baylosis and Associates bid was $46,500 and LDM Associated bid was $52,000.
Mayor Borrowe opened the meeting to Public Comment.
Rick Martin asked that the Council think about the fact that Mr. Blodgett was engaged for his services some time ago so that he had part in the forming of the General Plan, which was controversial in the Community. He felt that it might be appropriate to engage another firm which had not been involved in this process. This would give a fresh start at this time.
Councilmember Carroll offered a motion to approve the hiring of Blodgett Baylosis Associates to work with City Staff, Planning Commission and the City Council to develop new ordinances. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
18. APPROVAL TO HIRE CONSULTANT TO DEVELOP THE CITY OF LA HABRA HEIGHTS LOCAL HAZARD MITIGATION PLAN.
Effective November 1, 2004, a mitigation plan approved by FEMA and the State is required from any community that wishes to obtain funding from the Hazard Mitigation Grant Program (HMGP) or the Pre-Disaster Mitigation (PDM) Program to reduce potential damages. The fiscal impact for this project is Ten Thousand Dollars ($10,000). In our professional service agreement, we agree to pay the consultant in Two Thousand Dollar ($2,000) increments for five-months.
RECOMMENDATION: City Council approve the hiring of Carolyn Harshman as the Citys consultant to develop the Local Hazard Mitigation Plan.
Senior Management Analyst Orchanian presented a short history of why they were required to develop the Local Hazard Mitigation Plan. The planning process for a national program for pre-disaster mitigation consists of collaboration through identifying the hazards, assessing the vulnerability should hazards occur. Effective November 1, 2004, a mitigation plan approved by FEMA and the State is required from any community that wishes to obtain funding from Hazard Mitigation Grant Program (HMGP) or the Pre-Disaster Mitigation (PDM) Program to reduce potential damages.
Ms. Orchanian stated that Carolyn Harshman is the President of Emergency Planning Consultants (EPC) and her extensive background and knowledge give us a unique advantage to successfully complete this project.
Ms. Orchanian explained that Staff is recommending completing the Hazard Mitigation Plan as a sole participant with an expenditure cost of $10,000. Working as a sole participant is beneficial, placing the special focus on our unique City. We have agreed to pay the Consultant in $2000 increments for five months.
Ms. Orchanian explained that Item one (1) of Schedule A includes a kick-off meeting. This meeting will be April 21st. Ms. Harshman will prepare a Draft Local Hazard Mitigation Plan after that kick-off meeting. In May she will conduct the final planning team meeting at which she will discuss Draft Local Hazard Analysis and solicit input. In June she will again prepare a Draft Local Hazard Mitigation Plan based on discussions and recommendation at that meeting and complete the Draft Local Hazard Mitigation Plan. In July we will participate in a Public Hearing and submit the final Draft Local Hazard Mitigation Plan. She will assist with preparing the Staff report and presentation materials and participate in that Public Hearing. In August we will have a potential Public Hearing and in September we will submit the final draft to FEMA.
Mayor Borrowe asked why we need this.
The City Attorney stated that this is an unfunded mandate.
The City Manager stated that if we have a disaster we are not eligible for FEMA funding unless we have adopted this plan. He explained that the Water Company and the schools have to have this plan also. We have approached the Water Company about joining together in drawing this up, but they have not gotten back to us yet. It would lower our cost a little. He noted that we do have to move along, as November 1, 2004 is the deadline. We were late hearing about this requirement.
Mayor Borrow asked if we could draw up this plan ourselves.
City Manager Hendrickson stated that he would not recommend it, as it is quite complicated and technical.
Community Development Director Alexander stated that he had limited experience in this area and the workshops were about all his staff could volunteer at this time.
City Attorney Colantuono explained that all of the cities are struggling to accomplish this project.
City Manager Hendrickson explained that all of the cities he has talked to are hiring Consultants. Ms. Harshman has the experience and for a city of our size she seemed to have the best cost. He continued that we have to follow the recommendations in the document that she gives us. A lot of the documents or data needed we will have from the work done on the General Plan. The GIS program should also be helpful.
Councilmember Millsap pointed out that in our Disaster Drills we have learned that if we do not follow certain rules we can not get funding. She felt that this project was just an advancement of this sort of rules.
Fire Chief Nielsen explained that the document will go to FEMA and if they approve it then we are eligible for funding in case of a natural disaster.
Mayor Borrowe stated his concern that if someone does this for us we wont pay attention to what we have to do.
The City Manager explained that we have already formed a Staffing Committee to work with this. The Consultant will bring her knowledge and work with us.
Councilmember Millsap commented that this is a plan for work, not just a piece of paper.
The Council expressed their concern that Staff should try again to get the Water Company to join us in this project.
Councilmember Klein offered a motion to approve hiring Consultant, Carolyn Harshman to develop the Local Hazard Mitigation Plan. The motion was seconded by Councilmember Carroll:
Councilmember Millsap asked if they do hear from the Water Company will they hold off from the contract for another two to three weeks.
The Senior Management Analyst Orchanian noted that they had discussed this with Ms. Harshman this week and she would amend the contract to include them if needed. However, we do need to move forward with this in order to meet the deadline.
The motion was approved as follows:
AYES: Borrowe, Carroll, Klein and Millsap
NOES: None
ABSENT: Douglas
ADMINISTRATIVE REPORTS
19. CITY MANAGERS REPORT
City Manager Hendrickson explained that they were trying to bring back the Paramedic report tonight, although they have not been able to finish their research. He stated that he hoped to have a recommendation ready for the Special City Council meeting on the 22nd.
The bids for the street repair came in about $100,000 under what we expected.
20. CITY ATTORNEYS REPORT
No report.
21. PLANNING DIRECTORS REPORT
No report.
22. CITY ENGINEERS REPORT
Skyline and Sharpless Drive
Deputy City Engineer Lang reported a complaint he had received about shrubbery and brush hanging from a yard into the street on Skyline. It was suggested that we put a white line on the embankment side or reflective paddles. He stated that he sent a letter to the residents on Skyline and Sharpless, asking any that have this problem, remove their weeds and shrubbery within ten (10) days. After follow-up, letters are sent out to all those that need it. He stated that as far as the white line goes, he will take this to the Public Works Committee. If they decide this is needed, there are probably other streets that need this more. It would need to be prioritized.
23. FIRE CHIEFS REPORT
Fire Chief Nielsen stated that the Fire Department would work on weed abatement in every way they can to make the City safe. He stated that the home owners should take pride in their homes. It is really important to protect your property against fire. He stated that the Fire Department will be more aggressive this year and will give out few extensions. Fire Marshal Powderly will oversee the inspections.
Fire Marshal Powderly stated that leaf debris needs to be cleaned up under trees and bushes. Mr. Powderly explained that in 2003 the Fire Department took over the unimproved parcels in the City. There were 307 of these. He stated that they issued 114 violation notices. Fifteen of these were cleared by the City contractors. The cost was $18,098.10. As of today we have recouped $5,544.07. We received 88 complaints and followed up on all of them. Out of the ten (10) who did not clear their properties, three are court cases, one (1) is pending an abatement warrant, four (4) were not rated as hazards at that time but we are monitoring them and two (2) that needed to be monitored.
Chief Nielsen stated that he had the opportunity to view the City from a helicopter recently. He estimated that if a wind driven fire storm comes through La Habra Heights we would probably lose about 350 homes.
24. SHERIFFS REPORT
Mayor Borrowe stated that there was no Sheriff present.
Councilmember Millsap asked what a pending abatement warrant means.
Fire Marshal Powderly explained that this meant that paperwork has been submitted to obtain an abatement warrant so we can go in and clear the property.
Mayor Borrowe asked about the status of the current cadet class.
Fire Chief Nielsen explained that the class is three weeks old. It started out with 22 and there are now 20 cadets. He stated that he thinks they will have 20 cadets graduate on July 31st.
Councilmember Carroll asked what the two (2) mutual aid calls were.
Chief Nielsen answered that they were calls to aid in La Habra. One call was a medical aid and he did not know what the other was.
The Council and the Staff discussed the unexpected power outage that happened during a storm lately and that it was handled very well.
The City Manager commented on the situation of mud runoff on Dorothea Road from the rain. This situation needs to be taken care of.
25. COMMISSION/COMMITTEE REPORTS
Donating Avocado Festival 2004 Game Proceeds to Rancho Starbuck School.
Senior Management Analyst Orchanian reported that the Park and Recreation Commission is recommending earmarking proceeds from the games during our 2004 Avocado Festival to Rancho Starbuck School. Students will provide supervision for specific games and earn credit for service hours required by their school. The games will bring in approximately $250 to $280 and this would assist with keeping their after school sports programs alive.
Councilmember Millsap asked if the proceeds for the Dunk Tank were discussed at the Parks and Recreation meeting on April 7, 2004.
Ms. Orchanian stated that she spoke to Chairperson Vecchione and they are going to move that discussion to their May meeting.
Ms. Orchanian explained that she has consulted with the City Engineer concerning going out to bid again on the kitchen project at The Park. After discussion it was decided to do so. A few contractors that the Engineer contacted have General Contractor licenses so they will not have to hire others for electrical or plumbing services.
Councilmember Klein asked that they set one number for the donation to Rancho Starbuck.
Ms. Orchanian replied that it would be $250 or less if the games bring in less.
The consensus of the City Council was to approve the donation.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Katie Martin, asked that Mayor Borrowe go over the order in which he would be holding the meetings. Ms. Martin stated that in her opinion every citizen has the right to criticize any Council member by name for any reason.
Mayor Borrowe stated that the City has a decorum ordinance and policy which states such comments must be addressed to the Mayor, not individuals.
Rick Martin, stated that they have received for several years, letters, pictures and all sorts of things about several of the people in the room. He stated that he has recently received pictures and a letter regarding a Planning Commission member, stating that the District Attorney is involved with the City of La Habra Heights regarding this Commission member. He asked if there was any truth to that.
Councilmember Millsap noted that there were some papers left at the back of the room, which is not allowed without the approval of the City Manager. She stated that she had also received a package of papers at her home. She stated that she does not appreciate anonymous information. She would speak to someone if they call her. She noted that there had been some investigation which was rejected.
City Manager Hendrickson explained that the matter was referred to the DA and it was rejected.
Rick Martin thanked the Council for putting the matter to rest.
Norm Zezula, told his experience of two families living near each other, with many conflicts, that instead of calling police or some other authority, got together and handled the problems in an adult manner and saved hard feelings.
ADJOURNMENT
Mayor Borrowe adjourned the City Council Meeting to the Special City Council meeting on April 22, 2004 at 7:00 P.M. to consider the Paramedics and award the bid for street maintenance.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON