CITY OF LA HABRA HEIGHTS

 

MINUTES OF A SPECIAL MEETING OF

 

THE LA HABRA HEIGHTS CITY COUNCIL

 

DECEMBER 21, 2004

 

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Borrowe called to order a Special Meeting of the La Habra Heights City Council at 7:08 P.M. on Tuesday, December 21, 2004, at the Multi Purpose room, 1245 Hacienda Road, La Habra Heights.

 

2.              ROLL CALL

 

Council Members present were: Mayor Borrowe, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present were City Manager Hendrickson, and City Attorney Levin (via speakerphone).

 

3.              FLAG SALUTE

 

Mayor Borrowe led the flag salute.

 

PUBLIC COMMENTS ON MATTERS ON THE AGENDA

 

            Sam Guyan, Whittier, spoke as a bicycle rider in favor of removing any bots dots and using white paint to mark the width of the lanes for a bicycle lane or traffic calming as bots dots are a danger to bicyclists or horses.

 

            Mayor Borrowe asked when the striping was to happen on Hacienda Road.

 

            City Manager Hendrickson stated that he has the plans for this in his office.

 

            Mayor Borrowe explained that the striping would narrow the lanes for traffic calming and widen the space for bicyclists, horses or pedestrians.

 

SCHEDULED MATTERS

 

4.              PURCHASE OF LOS ANGELES COUNTY PROPERTY AT HACIENDA AND WEST ROADS

 

City Manager Hendrickson explained that in August 2004 the Council approved proceeding to purchase the property at Hacienda and West Road from Los Angeles County. The City made an application with the Planning Commission in October for a finding to see if it was consistent with the General Plan, and they did find it consistent. We have also completed an Environmental Analysis, a Phase I study on the property.

 

City Manager Hendrickson noted that the documents from Los Angeles County contains a Quitclaim Deed, and if the Council approves the purchase, it should be subject to obtaining a Title Report and Title Insurance. He noted that Councilmember Millsap and he had a concern with the Quitclaim Deed.

 

City Manager Hendrickson explained that the terms are $480,000 for three acres with 50% down and the balance to be paid over five years at 2% interest.

 

City Attorney Levin commented (via the speakerphone) that she also thinks they should have a Title Report and Title Insurance. She noted that the minimum payment noted in the document by Los Angeles County is inconsistent with the interest rate, and would only lead to some accounting difficulty in the long run, and should be straightened out in the final document. This should not hinder the Council from approving the sale tonight, but should be noted in the motion.

 

Mayor Borrowe asked the City Attorney if she has read the contracts and is she pleased with them.

 

City Attorney Levin answered affirmatively. There are only the problems mentioned.

 

Mayor Borrowe pointed out that Los Angeles County is still calling Hacienda Road, Hacienda “Boulevard.” He asked if that should be changed.

 

City Manager Hendrickson stated that he did not think that was very important, but if they have to change the interest rate, they might change “Boulevard” to “Road” also. They probably still have “Boulevard” on their books.

 

Councilmember Millsap referred to the second paragraph in the Quitclaim Deed, Excepting and Reserving all oil, gas, and petroleum. She asked if it is correct that BSI stated that they do not pay any royalties to Los Angeles County.

 

City Manager Hendrickson stated that it was correct unless the royalties were listed under some other term. He commented that he gave BSI the APN number, and they are looking into this.

 

Mayor Borrowe asked the meaning of the third paragraph, first page of the Staff Report.

 

City Attorney Levin explained that this is standard, that the initial study by CEQA will determine whether an EIR or a Negative Declaration will be required when, and if, the City builds any facilities on that site. The initial study will determine what is required of us.

 

Mayor Borrowe noted that there seems to be a contradiction between a statement on page 1 of the Staff Report and a statement on page 2 concerning what we will do with the new property.

 

City Manager Hendrickson explained that we have not decided where the City Hall will go, but the new property is one of the options.

 

Mayor Borrowe asked if the State could force us to use the new property for low income housing.

 

City Attorney Levin answered that the State cannot force us to use a particular piece of property in a certain way. The requirements are for setting aside funds for low income housing and needing to establish a good faith effort to meet our goals.

 

Councilmember Klein offered a motion to approve the purchase of the property at Hacienda and West Roads with the amendments to receive a Title Report and Title Insurance, have the interest rate corrected, and Hacienda Boulevard changed to Hacienda Road. The motion was seconded by Councilmember Carroll and was approved as follows:

 

AYES: Carroll, Douglas, Klein and Millsap

NOES: Borrowe

ABSENT: None

 

ADJOURNMENT

 

            Mayor Borrowe adjourned the City Council meeting at 7:25 P.M. to the Regular City Council Meeting on January 13, 2005.

 

            ATTEST:

 

 

 

            ________________________________________

            CITY CLERK, JOHN F. HENDRICKSON