CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JUNE 10, 2004
1. CALL MEETING TO ORDER
Mayor Borrowe called to order a meeting of the La Habra Heights City Council at 7:32 P.M. on Thursday June 10, 2004, at the Multi Purpose room, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members present were: Mayor Borrowe, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present were City Attorney Colantuono, Senior Management Analyst Orchanian, Fire Chief Nielsen, Community Development Director Alexander and Deputy City Engineer Lang.
3. FLAG SALUTE
Mayor Borrowe asked Kathy Sauble to lead the flag salute.
Mayor Borrowe asked for a moment of silent prayer of thanksgiving for the life of a magnificent statesman, President Reagan.
4. PRESENTATIONS
á Shelley Andros, Advisory Committee Member, Puente Hills Landfill Native Habitat Preservation Authority, quarterly update on preservation efforts.
Ms. Andros reported that in the next year they will be developing a trails map. They will need to decide which areas need to be closed to re-vegetate. She stated that they will be opening a new trail head off of Seventh Avenue. She noted that they had a problem with vehicles entering their property at Casalero for off-roading and dumping trash, so they have cabled off that area. She stated that they have opened a narrow opening at Las Palomas that will allow people in, but not vehicles. She also reported that they will be building an underpass on Harbor Blvd.
Ms. Sauble reported that residents will be able to get the County report on Radiological Threats at City Hall. She explained that she has provided tips on preventing drowning in pools and open water. She stated that copies of the tips are at the back of the room, at the Fire Department and on the City Web Site under ÒWater SafetyÓ.
á Public Works Committee.
There was no one present from the Public Works Committee.
Kathy Sauble asked Cathy and Jack Kremer to come to the front. Ms. Sauble thanked the Kremers for their many years of volunteer work for the City. She explained that they were moving to Idaho. Ms. Sauble presented them with going away gifts from the City, the Fire Department and the Emergency Preparedness Committee.
Joan Klopfenstein, Communications Division Chief for the Fire Department, thanked Cathy Kremer for the many Thanksgiving dinners she has prepared for the firemen on duty.
Mayor Borrowe also thanked the Kremers for their many years of volunteer service to La Habra Heights. He presented both of them with a certificate for their service and four Anniversary goblets.
Judy Hathaway Francis, mentioned some of the Kremers work in the Community. She noted that several people will be leaving in the near future and she hopes that they will also be recognized by the Council.
Ms. Francis stated that the Hillside Open Space Education Coalition held a meeting here on June 9, 2004. This was not well advertised and they were not video taped. She stated that this would have been a good opportunity to advise the residents what is happening. The AERA people were in attendance and one or two residents. She stated that she hopes the Council will assure that the residents are well informed.
John Van Barneveld, West Road, spoke on the recognition of the outstanding students at last months Council meeting. He felt that Los Compadres should have been mentioned as they have spent much time and money to sponsor the students. He expressed his opinion that more time and acknowledgement should have been given to the great accomplishment of these young people.
He suggested that the Fire Department vehicles be protected so they are not exposed to the sun and weather.
Stephen Blagden, Citron Road, spoke against the new Code Enforcement Ordinance. He stated that it covers the whole Municipal Code not just Weed Abatement. Mr. Blagden brought out several points that he disagreed with. He stated that these Codes need to be fair and equitable.
5. APPROVAL OF WARRANTS – MAY 2004
Mayor Borrowe noted that several of our suppliers were paid several times during the month, such as Azteca, Edison and Karmel Transport. He asked why they were not paid just once a month.
City Attorney Colantuono suggested that we would pay each time an invoice was sent. Edison might send an invoice for each meter.
Senior Management Analyst stated that with Azteca sometimes we ask them to focus on particular areas or types of work that are not covered by their contract.
Mayor Borrowe asked that staff try to arrange that each companyÕs whole month of charges be placed on one invoice. He stated that this would save work for the staff.
Mayor Borrowe asked Chief Nielsen to identify Foremost Promotions.
Fire Chief Nielsen explained that they supplied the Fire Department with public education material.
Mayor Borrowe stated that we paid them three times last month and he asked that Chief Nielsen try to streamline this.
Councilmember Millsap explained that sometimes there are terms on an invoice that if we want a discount it can not wait a whole month.
Councilmember Klein offered a motion to approve the May 2004 warrants as presented in the amount of $391,160.64. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – APRIL 2004
The TreasurerÕs Report Consists 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
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
Mayor Borrowe confirmed that they received a signed copy of the report.
Councilmember Klein offered a motion to approve the TreasurerÕs Report as presented. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of Special Meeting of the City Council
of April 22, 2004 and of a Regular Meeting of the
City Council of May 13, 2004.
Councilmember Klein offered a motion to approve minutes of the Special Meeting of the City Council of April 22, 2004 as presented. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Borrowe noted page six (6), paragraph three (3) and questioned if the Water District has been asked what they can do during a disaster and what their backup plans are?
Senior Management Analyst Orchanian replied that they left a message for Mr. Gualtieri manager of the Water District. He has not replied yet. We also wrote him a letter requesting the information.
Mayor Borrowe stated that on page seven (7), paragraph four (4) he did not understand the statement that after the temporary installation of baffle blankets the noise level had decreased to 41 dB to 50 dB at the property line.
City Attorney Colantuono explained that this was speaking of a range of 41 to 50 dB from a higher level.
Mayor Borrowe asked if the traffic lights mentioned at the bottom of page twenty-seven (27) have been adjusted.
Deputy City Engineer Lang stated that they have been checked out, but he has not had a report from them as yet.
Councilmember Klein stated that it seems to have improved.
Councilmember Klein offered a motion to approve the Regular City Council meeting minutes of May 13, 2004 as presented. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. STANDARDS MODIFICATION 2002-14 & CONDITIONAL USE PERMIT 2003-05 (RODRIQUEZ) 2110 FULLERTON ROAD.
A recommendation by the Planning Commission to deny without prejudice Standards Modification 2002-14 and Conditional Use Permit 2003-05 for construction of a single family residence at 2110 Fullerton Road and to exceed 1,000 cubic yards of solid fill material grading limitations.
RECOMMENDATION: City Council deny Standards Modification and CUP for a proposed new home at 2110 Fullerton Road.
RESOLUTION NO. 04-28 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING STANDARDS MODIFICATION 2002-14 AND CONDITIONAL USE PERMIT 2003-05.
City Attorney Colantuono explained that the applicant has submitted a revised application and intends to pursue the amended application rather than the one before you tonight. Mr. Colantuono advised the applicant to go home and withdraw this application and the City will process their amended application. He stated that the Council does not need to open the Public Hearing or take any action if the applicant has withdrawn this application.
Councilmember Carroll noted that he had gone to the property and could see no view preservation issue.
Councilmember Millsap stated that she agreed with Councilmember Carroll on the view aspect.
Mayor Borrowe asked for the Engineers Report (Item 16) out of order as it pertains to 190 Olinda.
16. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang stated that he had been directed by the City Council to make a report on 190 Olinda. Mr. Lang noted that the applicant did receive an approved grading plan and drainage plan from the previous RKA Engineer in 2003. The applicantÕs engineer prepared a drawing of a seepage pit that would catch the first three-quarters of an inch of rain. Mr. Lang explained that they later found that a mistake had been made in the calculations and the seepage pit was not as large as it should be. The applicant then made plans to make three seepage pits to hold the first three-quarters of an inch of rain. The three pits would be in three different places on the property. At that time the County approved a new filtration system. The drainage channel approved by RKA was basically an earth berm down the easterly property line and along the southerly property line. The twelve inch high earth berm was to direct the drainage to the street and down to the main street where the drain is. This did not work. It was undermined by gophers and the quantity of water that came to the berm. He stated that engineers and land surveyors went to the site and came up with a plan that will contain the water at 190 Olinda and take it down to the private street and then follow the drainage course. Instead of an earth berm it will have a thirty inch concrete wall that will not be undermined. It will also have a way to slow down the water flow. Mr. Lang stated that he thinks the cost should be shouldered by the owner and that they have the ordinances to see to that.
Councilmember Carroll stated that he was concerned that this solution would still be a problem for the people across the street who already complain about the mud going onto their property from 190 Olinda.
The Deputy City Engineer stated that there did need to be more vegetation around the SUSMP system so they do not get mud, but clear water. He stated that in his opinion the City can encourage the owner to do the planting. He felt they could be cited if they do not do this. He stated that they had complied with tree planting.
Mayor Pro Tem Douglas asked if it wasnÕt the applicantÕs duty to maintain the berm so mud would not flow into the street.
City Attorney Colantuono stated that this was true.
Councilmember Klein explained that there is a pipe coming out of the filter which is not long enough to reach the street so the overflow does not get to the street and the water consequently is diverted by the berm and then goes into the neighbors property. He stated that the sandbags do not go up far enough to stop the flow of the water so the water actually goes into the properties in La Habra.
City Attorney Colantuono stated that this is a code enforcement matter and he suggested that we handle it as such.
Deputy City Engineer Lang stated that they will send a letter to 190 Olinda next week.
Mayor Borrowe opened the meeting to the public for comment.
Tom Minich, Hidden Lane, commented that the interested parties had a meeting with the engineers on May 26, 2004 at which time they were provided with a grading plan. He stated that when he took it home and looked at it, a lot of the items we had been talking about were supposed to have been installed before it was signed off. All three departments had signed off on this plan. A lot of it had not been installed that was on the plan. He explained that what is there does not keep him from getting mud on his property from the pipe and the sandbags. He explained that if the discharge does not get over the curb it goes into his property. He stated that there is an elevation change where the water is supposed to go into the street and the water would only be able to go into the street approximately the last ten to fifteen feet where the water would crest and go over the curb. Mr. Minich stated that the developer was instructed to follow the plans and he did not do it. He stated that he did not know if permission was ever obtained from the people on Hiatt for the water to be directed down that street. He stated that he has a video that the Council can look at showing the problem.
City Attorney Colantuono noted that they can set a very short period for the applicant to express that they will comply. If they do not get willingness to comply the City can start a code enforcement mechanism. Mr. Colantuono stated that in this case we are eliminating a nuisance and the owner can do it how he sees fit, but his way must actually abate the problem. If we can see that he has not done what he was supposed to originally we can require him to fulfill the terms of the permit. Mr. Colantuono stated that the code requires that the owner not put mud on the street or cause a nuisance to his neighbors.
Mayor Pro Tem Douglas agreed with Councilmember Klein that there were many conditions that were not fulfilled in the first place.
The City Attorney told Mr. Minich that he and the other neighbors affected will be sent copies of the letters to and from the owner.
Mr. Minich asked that he be notified before any construction starts.
The Deputy City Engineer noted that he will send Mr. Minich any plans that are approved if any different solutions come for approval.
Councilmember Klein directed that the Council be informed on each decision also. He stated that he was not happy with what happened before. He noted that whatever solution they come up with, they need to make sure it can not be eaten or eroded away. He noted that they need to be sure there is a solution in the driveway and sandbag area and in the filtration area.
Norm Zezula, Canonita Drive, extended his support for the neighbors of 190 Olinda for what they have had to put up with. He stated that this type of thing happens all too often. He suggested that the Council find a better way of controlling the problem of drainage issues.
Mayor Borrowe closed the public comments.
CONSENT CALENDAR
9. IT IS RECOMMENDED THAT ITEMS 9a. 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.
9.a. HEIGHTS CHRISTIAN SCHOOL PROJECT.
May 2004 State Report for Heights Christian School.
RECOMMENDATION: Receive and file.
9.b. REPEAL RESOLUTION NO. 2003-11 – A RESOLUTION REGARDING STANDARDS MODIFICATION 2002-23.
The Turtzers filed a Request For Dismissal of this project with the Los Angeles Superior Court on February 13, 2004 and agreed to waive any rights they have in the approval.
RECOMMENDATION: City Council approve Resolution No. 04-26 repealing Resolution no. 2003-11.
RESOLUTION NO. 04-26 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REPEALING RESOLUTION NO. 2003-11.
Councilmember Klein offered a motion to receive and file item 9.a. and to waive full reading and approve Resolution No. 04-26 - A Resolution of the City Council of the City of La Habra Heights Repealing Resolution No. 2003-11. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
10. NEW PARKS AND RECREATION FACILITY USE REGULATIONS, APPLICATION AND FEES.
Request City CouncilÕs approval to utilize new Parks and Recreation facility use regulations, application and fees beginning immediately.
RECOMMENDATION: City Council approve for City Staff to utilize new Parks and Recreation facility use regulation, application and fees beginning immediately and no later than July 1, 2004.
RESOLUTION NO. 04-27 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING REVISED FEES FOR RENTAL AND USE OF PARK AND RECREATION FACILITIES.
Senior Management Analyst Orchanian reported that over the last few months the Parks and Recreation Commission has been working to revise the old regulations, application and use fees for The Park. This was last updated in 2000. The Commission asked that it be made more user friendly and attractive and that they be implemented no later than July 1, 2004. Ms. Orchanian explained that there was a comparative study of what the surrounding Cites charge. The Commission and staff had the City ManagerÕs approval and had consulted with the City Attorney.
Ms. Orchanian reported that most of the fees will rise by $5.00. We covered maintenance by increasing private party events rental of the facilities to $50.00 per hour due to considerable wear and tear with private party use. Athletic organizations were left at $30.00 per hour. She asked the Council to make any revisions in language as they see fit.
Mayor Pro Tem Douglas noted that in the old rules there was a charge for use of the parking lot for off-site events. He asked if there was some threshold where a certain number of cars are going to be a parking problem that calls for a need for traffic control. Are there any new thoughts or information on this for Xl, E-PARKING?
Ms. Orchanian stated that this had been given much thought. She explained that she consulted the City AttorneyÕs office about traffic control. The City AttorneyÕs comment was that she should see if the Sheriff would be able to offer their assistance when needed. The Sheriff could be used or a private company. She stated that she had left an e-mail for Lt. Ault. Ms. Orchanian noted that she would have to find out what it would cost. With City sponsored events we already have the Sheriff available.
Ms. Orchanian noted that only the very large events would require people to park along Hacienda Road. Private party events usually do not require this.
Mayor Pro Tem Douglas suggested that if a private party rental will be over the parking threshold so that we need more parking we should hire control for this and charge them more for the service. Normally we will let them know that they are not allowed to park on Hacienda Road.
Ms. Orchanian explained that staff informs all applicants that there is parking in the upper and the lower parking lot.
Councilmember Millsap also pointed out that people park on the grass. It has become a convenience and a habit.
Mayor Borrowe opened the meeting for public comment.
Roy Cummings, Canonita Drive, noted that there are times that people were directed to leave The Park building at 10:00 P.M. and were still there at 11:00 P.M. or midnight. He suggested that the rental have a specific closing time and someone to check up on this. It can not be the Sheriffs Department. He also stated that we need a phone at the building for emergencies.
Mayor Borrowe closed the public comment and brought it back to the Council.
Councilmember Millsap explained that there used to be a payphone at The Park, but it was removed for lack of use.
The Senior Management Analyst stated that the phone company wanted to charge the City $75.00 for that phone and the Commission did not think it was worth the expense. This was also brought to the attention of the Council. Ms. Orchanian explained that there is a phone in the gymnasium off the staircase in a room that is unlocked. She stated that it would be added to the regulation booklet along with the hours for The Park.
Fire Chief Nielsen suggested that they find out if that phone can be wired so it just goes to fire dispatch.
The consensus of the Council was to follow Chief NielsenÕs suggestion and place that information in the booklet.
Ms. Orchanian stated that she would add these items to the booklet.
Councilmember Millsap stated that the problem of the lights being left on in the gymnasium has improved. She noted that we do not have a person at night to check on The Park, but Ms. Orchanian does go there each morning on the way to work.
Chief Nielsen stated that since they now have new keys that cannot be duplicated, things have improved.
Ms. Orchanian stated that having security officers at some events has also helped.
Councilmember Klein suggested that there be a requirement that the responsible party for The Park building event call the Fire Department to report that they are locking up, the time and their name.
Councilmember Millsap suggested that the phone might be moved to a more visible location.
Ms. Orchanian stated that they would have to check with the phone company on the cost. She also noted that they should check with the company that does the City phones and see what they would suggest.
Fire Chief Nielsen noted that most of their calls come from outside. He stated that Ms. Orchanian and he would look into the phone and placement issue.
Mayor Borrowe asked that on page nine, item 3, in the last sentence change the word ÒshouldÓ to ÒmustÓ. He asked if page thirteen, item L means that at a horse event the application says they can park on the grass.
Ms. Orchanian explained that for big events that use trailers there is not room in the upper and the lower parking lot for all the parking and have no other place to park except on the grass. The City Manager is advised of any request to park on the lawn and has to give his approval. She stated that there is no sprinkler damage as they are the pop-up type.
Mayor Borrowe noted that on page fourteen, item 5, in the second sentence, change the word ÒmayÓ to ÒwillÓ. If more than one key is needed it will require an extra key deposit charge.
Councilmember Millsap stated that we will have to add this to the fee schedule.
Mayor Borrowe noted on page 19, Section Xll, items D. and E., the last sentence of both items notes that certain items Òmust be disposed of properly.Ó Mr. Borrow asked for a definition of ÒproperlyÓ and asked that it be in both sentences.
Ms. Orchanian replied that she was going to revise those two sentences to explain that trash goes in the trash bins, plastics and recyclables go in the recyclable bin. Ms. Orchanian stated that she was looking into getting two containers that are proper for disposing of briquettes or charcoal.
Ms. Orchanian proceeded to go over changes suggested by Councilmember Millsap. She explained that on page five, item C, we left the definition of ÒCity ManagerÓ to be ÒCity ManagerÓ alone.
The City Attorney advised that the definition should read ÒCity Manager or DesigneeÓ. In the rest of the booklet it can just read ÒCity ManagerÓ.
Ms. Orchanian stated that on page five, item A. will be underlined. On item B., first sentence; delete Òin addition to the information called for on the official form supplied by the City;Ó and add Òas required on ÔAttachment AÕ, Application and Agreement for Use of Facilities at The Park:Ó
Ms. Orchanian noted that page 7, item 9. should read ÒStage Events.Ó On item 10. Under Parking Areas, remove ÒexclusiveÓ in the first sentence. Ms. Orchanian stated that we will include Ònumber of vehicles, trips in and out, etc. On page 9, item 4, she asked Attorney Colantuono if supervision by one adult for every seven children was a law.
City Attorney Colantuono explained that it was not a law for private birthday parties, but it was for childcare and commercial activities regulated by the state.
On page 11, item C, Ms. Orchanian stated that ÒAlcoholic BeveragesÓ needs to be underlined. Page 12, item 8, add Òthe conclusion of the scheduled event as noted on ÔAttachment AÕ, Application and Agreement for Use of Facilities at The Park.Ó On page 13, item M, add appropriate explanation. Ms. Orchanian noted that on page 14, item 5, change the word ÒmayÓ to ÒwillÓ in the second sentence. On page 19, item D, under Use of Barbecues and Picnic Tables, staff will provide a more explanatory definition.
Councilmember Millsap questioned the helmet rule for horse riders on page 17, item I.
Ms. Orchanian stated that this is not a law, but it is for the CityÕs protection and that there are two different signs advising about this rule.
Councilmember Millsap suggested that the question be asked on the registration form Ôif any decorations would be put upÕ so the City Manager can give his approval. She confirmed that the parking lots and grounds would not be charged a fee.
Mayor Pro Tem Douglas offered a motion to waive full reading and adopt Resolution 04-27 – A Resolution of the City Council of the City of La Habra Heights adopting revised Fees for Rental and Use of Park and Recreation facilities and to continue discussion of underlying rules until the next Council meeting. The motion was seconded by Councilmember Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. ORDINANCE NO. 254 – AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING ARTICLE I OF THE LA HABRA HEIGHTS MUNICIPAL CODE TO ESTABLISH AN ADMINISTRATIVE ENFORCEMENT PROCESS.
Second Reading of Ordinance No. 254 authorizing the City to impose administrative fines on violators of the La Habra Heights Municipal Code.
RECOMMENDATION: Waive further reading and adopt Ordinance No. 254.
City Attorney Colantuono reported that the Ordinance is the same as the one presented last month. We did discuss three changes. He confirmed that the City does not have to impose the penal code 832 requirement on Code Enforcement Officers for these tickets. The last sentence under Section 1502 may be deleted. On the same page at the top (labeled g.a.) add a definition stating: ÒMailÓ shall be delivery via the U.S. Postal Service, First Class, Certified and with Return Receipt Requested.
On Section 1505, Authority to Inspect should start with: ÒWithin the Constraints of the Fourth Amendment of the United States ConstitutionÓÉ..
Mr. Colantuono stated that staff recommends that the Council create the Tool with respect to all of the codes. For every tool, judgment is needed for its use. Trust the City Manager and the Staff and any supervisors to use the tool wisely. The alternative is to define a closed list of violations of the code you wish to make this tool available for. There is a tool available for any abusive government situations that might develop also.
Mayor Pro Tem Douglas noted that he was somewhat concerned with a ten day deadline.
The City Attorney explained that before anyone is fined they will no doubt have been given plenty of time, because the City basically wants compliance, not a fine. A person can ask for the Planning Director or the Fire Chief to review this, then they can ask to speak to the City Manager. After that they can pay only $25.00 to have the Municipal Judge look at the situation. He noted to the Council that the Fire Department has been going after persons only when there has been refusal to abate weeds per code.
Mayor Pro Tem Douglas suggested that the Weed Abatement notice needs a little updating before being sent out again.
Mayor Borrowe noted that on page one of the Staff Report there is a heading for Weed Abatement/Road Clearance. He asked if this is defining Weed Abatement or if it is two items.
Fire Chief Nielsen answered that this is two separate items. He also noted that since they are able to serve warrants the weed abatement has gone easier and quicker. He stated that the new tool is directed to repeat offenders.
Mayor Pro Tem Douglas asked to have a report of how many citations have been issued.
The Fire Chief explained that there will be a quarterly report on weed clearance, warrants issued and the status.
Mayor Pro Tem Douglas offered a motion to waive further reading and adopt Article l of Ordinance No. 254 as amended. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Attorney Colantuono explained that the Ordinance will be in effect thirty days from tonight and staff will have authority to implement it from that time.
NEW BUSINESS
12. PURCHASE OF COUNTY PROPERTY AT HACIENDA AND WEST ROADS
RECOMMENDATION: City Council approve and authorize the City Manager to negotiate the purchase of the property at Hacienda and West Roads, from Los Angeles County.
Senior Management Analyst Orchanian offered a staff report prepared by City Manager Hendrickson. She stated that he has recommended that the City Council authorize him to negotiate the purchase of the property at Hacienda and West Road in the amount not to exceed $480,000. This property was offered to the City of La Habra Heights by the County of Los Angeles. The property is 2.96 acres. If we do not take advantage of the offer it will go out for bid to other cities and then to the public in an auction sale. The City Manager was directed by the City Council to have a Phase l and a Phase 2 study done to make sure there is no contamination on this property. Ms. Orchanian explained that the reports were made and are quite detailed. The result of the studies were that there are not any significant evidences of contamination that would require costly remediation. It was also found that it is suitable to build a Fire Station and City Hall on that property. Ms. Orchanian noted that the purchase price is reasonable and if we would want to sell the property in the future, the City could recoup their investment.
Mayor Pro Tem Douglas noted that he felt there are several questions he would like to talk to the City Manager about before making any decisions. He stated that the results of the study are not shown clearly, such as what different levels of certain chemicals meant as far as contamination. He stated that there were issues in the geo-technical area that need to be discussed with the City Manager.
Councilmember Carroll stated that he also thought the item needs to be continued.
Mayor Borrowe stated that he would like to have the people who did the report here when this is discussed to explain the levels of chemicals. Mr. Borrowe provided pictures of the blue line stream with various types of debris in it. He noted that he thought anyone who did an environmental study of the blue line stream and did not report this is not qualified. These people have charged us for pictures but none have been taken of the blue line stream condition. He stated that his concern was about the quality of the people who did the work.
Councilmember Millsap related a situation concerning the blue line stream in 2001 when we called out several agencies and they were not concerned about it. She stated that it could just be littering, not dangerous dumping.
Councilmember Klein also thought it would be good to have the company that did the study here to answer any questions and also have the City Manager here.
The consensus of the City Council was to continue item twelve (12) to the Special City Council Meeting of June 24, 2004.
Senior Management Analyst Orchanian agreed to ask that someone from the Laboratory that did the study come to the June 24, 2004 meeting.
Councilmember Klein noted that even if they can not come then, it should be on the Agenda for that night.
City Attorney Colantuono explained that this would not increase their cost as the study included any attendance.
Councilmember Millsap asked for any written information on the appraisal at the meeting.
Ms. Orchanian answered that she would find out about this also.
The City Attorney asked that this not be done at this time. He explained that we are negotiating on the property and this would be better left alone. There are ways to find out if this is a fair price.
Councilmember Carroll offered a motion to continue item 12 to June 24, 2004. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
13. CITY MANAGERÕS REPORT
á Fire FacilityÕs Expense Report
Senior Management Analyst Orchanian reported on the funds spent on the facility study for the Fire Department and the City Hall that was requested by the Council. Professional services which include planning, design, site study, and appraisal costs for our current location total $29,176. All of these funds were expended in the FY 2003-04 except for $1,426 expended in the latter part of FY 2002-03.
Ms. Orchanian gave a breakdown of each charge. Nicoloff & Associates, Inc. were the architects.
American Engineering Laboratory did the Phase ll study and some of the Geotechnical work.
Foss, Wayne Appraisals, Inc. provided the appraisal of the current facilities.
PSI Professional Services Industries handled Phase l.
Transtech Engineering, Inc. has an hour of service.
Mayor Borrowe moved that this report be brought back for discussion on June 24, 2004. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. CITY ATTORNEYÕS REPORT
City Attorney Colantuono explained that the Secretary of State has certified fourteen ballot measures for November and several of these affect local government finance. The Legislature can still add ballot measures up until about August. The League of Cities, the California Association of Counties and the California Special Districts Association have on the ballot a proposed Constitutional amendment to prevent further raids by the State on the local treasury to balance their budget. Mr. Colantuono noted that the Governor struck a deal with local governments that would supplant that measure with one that lets the Governor take a 1.3 billion this year and next in exchange for a promise to not continue doing that. In order for that deal to take effect another Constitutional amendment would have to be proposed by two-thirds of each of the two chambers of the Legislature. There is a faction in the Legislature who would like to cut sales tax proceeds to the local government in exchange for increased property tax proceeds to local government. The other constituency likes the freedom to take from the local governments whenever they need some money.
15. PLANNING DIRECTORÕS REPORT
Community Development Director Alexander stated that on Wednesday, June 16, 2004 the Planning Commission will be holding a Special Meeting and will talk about Story Poles. He also announced that the Community Development Department has offered a Planning Internship to a young man from Cal Poly Pomona. He will be hired for twenty hours per week for the summer.
Mayor Pro Tem Douglas asked for information about the project load Mr. AlexanderÕs department is under at present.
Mr. Alexander reported that they had looked at the work load in the first quarter of 2003 and compared it with the first quarter of 2004 and found that activity was up about 400% this year. He explained that there are quite a few continued items as the ones that come before the Planning Commission are more difficult and as things come up they have to find more information or ask for changes.
16. CITY ENGINEERÕS REPORT
Mayor Borrowe noted that Item 16 for the City EngineerÕs Report has already been given.
17. FIRE CHIEFÕS REPORT
Fire Chief Nielsen noted that Community Development Director Alexander has developed a Plan Review Committee. He stated that he felt this will be very helpful for Planning, the Fire Department and the applicant.
Mr. Nielsen explained that the announced FatherÕs Day Pancake Breakfast has been postponed.
Councilmember Klein asked how the Weed Abatement was coming along.
Fire Chief Nielsen stated that the warrant system is helping move things forward. The Weed Abatement on properties has improved this year. He stated that this has been ongoing for many years and will not clear up overnight. Mr. Nielsen impressed on everyone that weeds must be cleared whenever necessary, not just in May.
Mayor Borrowe explained that several insurance companies will not provide fire insurance for this City as it is a brush area. Mr. Borrowe also asked that the Fire Chief place some information on his report for the next regular meeting. He was of the opinion that there were many things of interest he could note on his report.
The Fire Chief stated that they did have an Academy in session, there is work in progress due to the situation with La Habra that still has to be resolved. There has been no progress to note on it at this time.
Councilmember Millsap asked how many inspectors are used in the weed abatement work and how is this carried out.
Mr. Nielsen replied that the City is divided into seven sections and each shift is assigned one section each day. The Fire Marshal and his group start out with repeat offenders and complaints, then the shifts cover the rest. Any non-compliant areas go to the Fire Marshal. He explained that they do not just drive by, they look at each property.
18. SHERIFFÕS DEPARTMENT REPORT
Mayor Borrowe explained that there was nobody present from the SheriffÕs Department. He stated that he would like the City Manager to ask the SheriffÕs Department to be here as he has questions he would like to ask.
19. COMMISSION/COMMITTEE REPORTS
The Senior Management Analyst reported that Staff has been given permission to go ahead with the Kitchen project by providing the Resolution for breaking up the work since we did make two attempts for formal bids as required.
City Attorney Colantuono explained that the Resolution allows the City to act as its own contractor and bid out to sub contractors for the work.
The consensus of the City Council was that the Resolution and report be brought to the June 24th Special Meeting.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no public comments.
Mayor Borrowe moved to Council comments.
Mayor Pro Tem Douglas gave a report about what is going on with the Coalition (HOSEC). Mr. Douglas stated that there was a meeting of the HOSEC last night. An AERA representative is always there. He noted that there were not many from the public there. This is all right in the beginning as the meetings have been focused on structure and compilation of materials and plans. He explained that they did discuss the desirability of the communities having the meetings taped and broadcast on the cable channels. Mr. Douglas stated that he would pursue that with the City Manager. He noted that the meeting will not be back here for ten months. Any tape of interest from Brea will be given to us for our cable channel. Community outreach is starting up in areas that are important to different communities.
Mr. Douglas explained that the wildlife tunnel under Harbor Blvd. and fencing leading into that tunnel is a million dollar project and it has been delayed because Mr. Henderson had a grant for about $350,000 for the fencing on both sides of Harbor. AERA changed their mind at the last minute about allowing the fencing on their side of Harbor, so the grant was lost. The Habitat Authority is going ahead to spend the money that they can afford at this time on the underpass, but they will not have the money for the fencing to funnel in and out of the underpass and the grading. He stated that HOSEC will be sending a Resolution to our City seeking our support for that activity. Los Angeles County has given their blessing.
Councilmember Carroll stated that he has received a letter from the GovernorÕs office for the condolence book at the Ronald Reagan Library. This must be signed by June 18. It will be available at City Hall for those who wish to sign it.
Mayor Borrowe noted that he has been advised by several residents of excessive car and motorcycle noise on Hacienda Road. This noise is exceeding federal and local laws and he would like the City Manager to inquire what the Sheriff can do about it. Mr. Borrowe asked that it be discussed with Mr. Hendrickson and that he ask the Sheriff for a formal response.
Mr. Borrowe also noted a letter from a lady mentioning the danger of the large school buses and asking if they can use small ones. Mr. Borrowe asked that the City pursue this formally.
Councilmember Millsap stated that she did try to call the woman, but she was not able to contact her. Ms. Millsap explained that the bus also picks up many children in La Habra. She stated that several years ago they had contacted the school district and their attitude was that it is a service to the Community and they do not have to provide it for us.
Mayor Pro Tem Douglas stated that it was looked into and there are big and small busses, but the route that comes up here also serves El Portal. He noted that the woman who wrote the letter has not lived here long and her street is quite narrow and it takes some practice to get use to such things as the school bus. On such streets, even a small bus is too big.
Councilmember Millsap encouraged the parents that if the buses are being driven carelessly to call the Sheriff. For other concerns they can call the school district.
Mayor Borrowe still felt the City Manager should make a formal request.
Mayor Borrowe noted that they were putting together an appreciation event for all of the GPAC members to thank them for their work. This will be in late September after school has started.
ADJOURNMENT
Mayor Borrowe adjourned the City Council meeting at 10:32 P.M. to the next Special City Council meeting on June 24, 2004 to consider the Budget, the acquisition of the property at Hacienda and West and the Kitchen project.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON