CITY OF LA HABRA HEIGHTS MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL APRIL 11, 2002

CLOSED SESSION Since in the opinion of the City Council--based on advise from legal counsel-there is a significant exposure to litigation against the City regarding three potential cases, the meeting was adjourned to a closed session at 6:35 p.m., to discuss anticipated litigation (G.C. 54956.9(b)). Except for Councilmember Klein, all members of the City Council were present. Also present were Interim City Manager Diaz and City Attorney Colantuono. The meeting reconvened at 7:30 p.m. Mayor Engelhardt announced that closed session items regarding anticipated litigation were discussed, but no actions were taken which would require reporting. OPENING CEREMONIES 1.

CALL MEETING TO ORDER A regular meeting of the La Habra Heights City Council was called to order by Mayor Engelhardt at 7:32 p.m. on Thursday, April 11, 2002, at the Community Center, 1245 North Hacienda Road, La Habra Heights.

2.

ROLL CALL Councilmembers present were: Borrowe, Carroll, Engelhardt, and Millsap; Councilmember Klein was absent and officially excused. Also present were Interim City Manager Diaz, City Attorney Colantuono, Planning Director Brady, Acting Fire Chief Nielsen, Senior Management Analyst Orchanian, City Engineer Milano, Deputy City Clerk Coulter, and Sheriff's Department Lieutenant Ault.

3.

FLAG SALUTE Jim Starkey led the salute to the flag.

4.

PRESENTATION •

Emergency Preparedness Chairperson Sauble presented a Proclamation for Earthquake Preparedness.

•

Senior District Representative Jim Starkey from Senator Margett's office commended the La Habra Heights Emergency Preparedness Committee in its efforts to promote Earthquake Preparedness.

PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA None FINANCIAL MATTERS 5.

APPROVAL OF WARRANTS The March warrants in the amount of $378,959.64 were approved unanimously.

6.

TREASURER’S REPORT FOR FEBRUARY, 2002 The Monthly Financial Report consisted of: • • • • • • • • •

Schedule of Cash & Investments Schedule of LAIF Investments Cash with Fiscal Accounts - Bank of New York RKA Civil Engineers Law Firm of City Attorney Major Planning Projects Fund Activity Report Budget Reports Backup Attachments

There being no objection, the Treasurer's Report was deemed received and filed. STANDARD MOTIONS 7.

APPROVAL OF MINUTES:

Minutes of a Regular City Council Meeting of February 14, 2002

City Attorney Colantuono offered amendments to the noted minutes for page 10 second to the last paragraph and last paragraph; page 11 - second paragraph; and page 12 - second paragraph. The minutes of February 14, 2002 were approved unanimously as amended by the City Attorney. CONSENT CALENDAR

Minutes of April 11, 2002 Regular City Council Meeting Page 2

8.

It was recommended that items 8a through 8g be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience. Items 8b and 8e were removed for separate discussion. 8a.

HEIGHTS CHRISTIAN SCHOOL PROJECT Status report for the Heights Christian School. RECOMMENDATION:

8c.

RECEIVE AND FILE

RETURN OF $13,334.15 GENERAL FUNDS ACCOUNT Consideration to approve the return of $13,334.15 to the Public Works Account from the City's General Fund Account. RECOMMENDATION:

8d.

APPROVE TRANSFER OF FUNDS

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS INTERPRETING SECTION 9414.1 OF THE LA HABRA HEIGHTS MUNICIPAL CODE WITH RESPECT TO THE REQUIREMENT OF A SPECIFIC PLAN FOR THE DEVELOPMENT OF CERTAIN PARCELS A Resolution pertaining to action taken by the City Council on March 14, 2002, to uphold a decision of the Planning Commission to require a specific plan for the proposed project at 202 Skyline. RECOMMENDATION:

8f.

ADOPT RESOLUTION No. 02-11

RESIGNATION OF COMMITTEE MEMBER FOR THE GENERAL PLAN ADVISORY COMMITTEE (GPAC) AND THE BUDGET COMMITTEE Acceptance of Harry Marco's resignation from the City's GPAC and Budget Committee. RECOMMENDATION:

Minutes of April 11, 2002 Regular City Council Meeting Page 3

ACCEPT RESIGNATION

8g.

AMENDMENT OF CONTRACT FOR CITY ATTORNEY SERVICES Amendment provides terms for city attorney services by Colantuono, Levin & Rozell, APC . RECOMMENDATION:

APPROVE CONTRACT AMENDMENT

A motion was offered by Councilmember Borrowe which was seconded by Councilmember Millsap to approve staff's recommendations for agenda items 8a, 8c, 8d, 8f, and 8g. The motion was approved as follows: AYES: NOES: ABSENT:

Borrowe, Carroll, Engelhardt, and Millsap None Klein

Regarding agenda item 8d, City Attorney Colantuono introduced Resolution No. 02-11 entitled as noted on previous page. CONSENT CALENDAR (Continued) 8b.

WEED ABATEMENT BID OPENING Report on the April 2, 2002, Weed Abatement Bid opening and staff's recommendation as to approval of contract. RECOMMENDATION:

AWARD BID

Acting Fire Chief Nielsen discussed weed abatement for the Habitat Authority and reported on the City's procedure for property inspection, notice of violation, and weed abatement billing. City Manager Diaz noted that the City's invoice for weed abatement services rendered are to be within 5% of the City's estimated cost. A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Millsap to approve staff's recommendation to award the three weed abatement contracts as follows: Handwork to David Dowell Weed Abatement Service; Discing to Gardener Tractor Service; and Habitat Authority to David Dowell Weed Abatement Service. The motion was approved as follows: AYES: Borrowe, Carroll, Engelhardt, and Millsap NOES: None ABSENT: Klein 8e. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE USE OF FY 02-03 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS Minutes of April 11, 2002 Regular City Council Meeting Page 4

A Resolution authorizing staff to proceed with application for $33,864 allocated for eligible FY 2002-03 CDBG projects. RECOMMENDATION:

ADOPT RESOLUTION No. 02-12

Senior Management Analyst Orchanian reported the proposed resolution is for approval of staff submitting planning summaries for two new FY 2002-03 projects: •

Installation of the ADA-approved doors at City Hall, Multi-Purpose room, Planning Department, and Fire Department.

•

The rehabilitation of single-unit residential handy worker program. The project will be administered by the Planning Director and the Senior Management Analyst will process documents applicable to CDBG funding.

She continued reporting on the funding operations of the CDBG program. A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Millsap to adopt Resolution No. 02-12. The motion was approved as follows: City Attorney Colantuono introduced Resolution No. 02-12 entitled as noted above. PUBLIC HEARING None OLD BUSINESS None NEW BUSINESS 9.

AUTHORIZATION FOR THE CITY MANAGER TO APPROVE PARKS AND RECREATION EXPENDITURES UP-TO-$500 City Manager Diaz presented a staff report indicating the Council had asked this item be agendized to authorize the City Manager to approve parks and recreational activity expenditures. The request was made by the Parks and Recreation Commission so that the Commission may proceed with its plans and avoid the delay of waiting for Council's approval regarding minimal cost matters.

Minutes of April 11, 2002 Regular City Council Meeting Page 5

Councilmember Engelhardt asked how the City Manager would determine whether or not to approve an expenditure request. The City Manager responded that approval would be based on funds in the Parks and Recreation account. A motion was offered by Councilmember Borrowe, which was seconded by Mayor Pro Tem Carroll to authorize the City Manager to approve Parks and Recreation expenditures up to $500. The motion was approved as follows: AYES: NOES: ABSENT: 9b.

Borrowe, Carroll, Engelhardt, and Millsap None Klein

AIRPORT VOUCHER SHUTTLE SERVICE AGREEMENT Senior Management Analyst Orchanian presented the staff report for the Karmel Shuttle Service contract for City-issued airport vouchers. The revised contract includes an up-to 15% incremental increase. However, staff recommends an absolute amount to better anticipate the supplement expenditure using Prop C funds. She continued stating that new prices will not go into effect for 60 days, starting June 7, 2002. City Manager Diaz stated that staff proposes a 30% increase for the first year. If Karmel Shuttle Services wishes to increase this amount following the first year, the matter will then be brought before the City Council. It was noted that residents have been happy with Karmel Shuttle and City Hall has received no complaints. Councilmember Borrow suggested that staff research costs charged by other airport shuttle companies and report back at the May 9, 2002 Council meeting. Mayor Engelhardt indicated that she would prefer to stay with the current reliable service. It was noted approximately $400 per month of the City's Prop C funds (limited for mass-transit expenditures) is used to subsidize the airport voucher program and that residents appreciate the service and reduced rates. A motion was offered by Mayor Pro Tem Carroll, which was seconded by Mayor Engelhardt to approve the proposed contract with Karmel Shuttle Services. The motion was approved as follows: AYES:

Borrowe, Carroll, Engelhardt, and Millsap

Minutes of April 11, 2002 Regular City Council Meeting Page 6

NOES: ABSENT:

None Klein

REORGANIZATION OF THE CITY COUNCIL As Councilmember Klein was absent this evening, City Manager Diaz presented a letter from Councilmember Klein stating that in the reorganization of the City Council, he supports Stan Carroll for Mayor and Ed Borrowe for Mayor Pro Tem. 10.

APPOINTMENT OF MAYOR A motion was offered by Ed Borrowe, which was seconded by Carol Engelhardt to appoint Tela Millsap as Mayor. The motion was approved as follows: AYES: NOES: ABSENT:

11.

Borrowe, Carroll, Engelhardt, and Millsap None Klein

APPOINTMENT OF MAYOR PRO TEM A motion was offered by Carol Engelhardt, which was seconded by Tela Millsap to appoint Ed Borrowe as Mayor Pro Tem. The motion was approved as follows: AYES: NOES: ABSENT:

Borrowe, Carroll, Engelhardt, and Millsap None Klein

Minutes of April 11, 2002 Regular City Council Meeting Page 7

12.

APPOINTMENT OF CITY COUNCIL COMMITTEE ASSIGNMENTS •

League of California Cities (Selection Committee) Delegate - Mayor Millsap Alternate (one) Councilmember Engelhardt

•

L. A. County Sanitation District Delegate - Mayor Millsap Alternate (one) - Councilmember Klein

•

Joint Powers Insurance Delegate - Councilmember Carroll Alternate - City Manager

•

California Contract Cities Association Delegate - Mayor Millsap Alternate - Councilmember Klein

•

Wildlife Corridor Conservation Authority Delegate Alternate (one) It was the consensus of the City Council to move the appointment of Delegate and Alternate to the May 9, 2002 Council meeting.

•

Southern California Association of Governments Delegate - Mayor Millsap Alternate Mayor Millsap agreed to serve as Delegate. It was the consensus of the City Council that the appointment of Alternate would be moved to the May 9, 2002 Council meeting.

•

Gateway Cities Council of Governments Delegate - Mayor Alternate It was the consensus of the City Council that the appointment of Delegate and Alternate would be moved to the May 9, 2002 Council meeting.

Minutes of April 11, 2002 Regular City Council Meeting Page 8

A motion was offered by Councilmember Engelhardt, which was seconded by Mayor Millsap to approve the Delegate and Alternate nominations made for the City Council Committee assignments. The motion was approved as follows: AYES: NOES: ABSENT:

Borrowe, Carroll, Engelhardt, and Millsap None Klein

ADMINISTRATIVE REPORTS 13.

CITY MANAGER’S REPORT The following two items were handled simultaneously. •

Per request by GPAC, contract for mapping services for the update of the City's General Plan with ISMS.

•

Agreement with Blodgett/Baylois Association for Preparation of Environmental Report for the update of the City's General Plan.

Since Councilmember Klein was absent from this evening's meeting, City Manager Diaz presented the Councilmember's recommendation to continue these items and have a budget for the General Plan Update developed to include scopes of work to be done by consultants and staff. Planning Director Brady presented the staff report stating GPAC forwarded a recommendation that the City enter into an agreement with ISMS to do mapping services in the amount of $6,836.24. The City enter into an agreement with Blodgett Baylosis Associates to prepare the Environmental Impact Report at not-toexceed $24,175 for the General Plan Update. If the Council decides to approve GPAC's recommendations, staff recommends that $15,000 be transferred from the General Fund to the line item for the General Plan Update process. Doug Mende, Vice President of ISMS, Inc. spoke regarding his company's proposal to provide data collection and documentation, develop GIS data layers, produce General Plan document maps, and meeting attendance for the City's General Plan Update. Considerable discussion ensued comparable systems, and costs.

regarding

mapping

system

procedures,

Marc Blodgett, with Blodget Baylosis Associates, stated that his company specializes in general plan preparation, housing element preparation, and environmental analysis. He continued that general plan updates were done for the City of Rolling Hills Estates and City of Bradbury, noting these cities' similarities with Minutes of April 11, 2002 Regular City Council Meeting Page 9

La Habra Heights. As a resident of Whittier, he travels through La Habra Heights and is familiar with issues pertaining to this City. Currently he is working in La Habra and Whittier. Projects are selected within the general nearby vicinity. Mr. Blodgett described the technical developments to do an Environmental Impact Report relating to La Habra Heights. GPAC Chairperson Beckman discussed having a current map of all the parcels in the City presented at the upcoming GPAC's Town Hall meeting. Based on questions posed by Councilmember Carroll, City Engineer Milano discussed RKA generating the maps. He believed that much of the work could be done by his firm, but would take more time than what the contractor is proposing. GPAC Committee Member Cole described the rationale for choosing ISMS for mapping services and Blodgett/Baylois Associates for the preparation of the Environmental Impact Report as was recommended this evening. Councilmember Carroll expressed reluctance to hire the two consultants without going out to bid, the Council not interviewing interested firms, nor staff doing a cost research analysis. The remaining Councilmembers were in support of the GPAC Committee's findings; did not wish to delay the project further; and noted that updating the City's General Plan is an expensive project. A motion was offered by Mayor Pro Tem Borrowe, which was seconded by Councilmember Engelhardt to hire ISMS at $6,836.24 for mapping services and Blodgett/Baylois at not-to-exceed $24,175 for EIR preparation. Staff was directed to transfer $15,000 from the General Fund to the General Plan Update line item. GPAC was asked to do a budget for the General Plan Update process and forward to Council within two months. The motion was amended authorizing the City Manager to sign the Professional Service Agreements. The amended motion was approved as follows: AYES: NOES: ABSENT: •

Borrowe, Engelhardt, and Millsap Carroll Klein

Opposition to Senate Bill #1521

City Manager Diaz reported that Senate Bill 1521 would require cities' zoning ordinances to be consistent with the State's general plan and the Model Land Use Zoning ordinance prepared by the Office of Planning and Research.

Minutes of April 11, 2002 Regular City Council Meeting Page 10

A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Carroll to send a letter to the appropriate legislators regarding the City's opposition to Senate Bill 1521. The motion was approved as follows: AYES: NOES: ABSENT: •

Borrowe, Carroll, Engelhardt, and Millsap None Klein

Support of City of Brea request for federal funds to acquire land in the Brea/Tonner Creek Watershed area.

A motion was offered by Councilmember Carroll, which was seconded by Councilmember Engelhart for the Mayor to send a letter to the appropriate legislators in support of the request. The motion was approved as follows: AYES: NOES: ABSENT:

Borrowe, Carroll, Engelhardt, and Millsap None Klein

14.

CITY ATTORNEY’S REPORT

15.

CITY ENGINEER’S REPORT

16.

FIRE CHIEF’S REPORT

17.

SHERIFF'S DEPARTMENT REPORT

18.

COMMISSION/COMMITTEE REPORTS Following Senior Management Assistant Orchanian's update on the City's Youth Employment program for Park facility maintenance, Councilmember Engelhardt requested a summary of duties to be performed.

CITY COUNCIL COMMENTS

Minutes of April 11, 2002 Regular City Council Meeting Page 11

CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA ADJOURNMENT Mayor Millsap adjourned the meeting at 10:35 p.m. to hold a joint Council/Planning Commission meeting at 6:00 p.m. on Thursday, April 18, 2002. ATTEST:

___________________________ City Clerk Hendrickson

Minutes of April 11, 2002 Regular City Council Meeting Page 12