CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
As based on advice from legal counsel, the City Council finds discussing closed session agenda items in open session will prejudice the position of the local agency in litigation; the meeting was adjourned to a closed session at 6:00 p.m. All five Councilmembers were present; also in attendance were City Manager Lindsey and City Attorney Colantuono.
The meeting was reconvened in open session at 7:35 p.m. City Attorney Colantuono announced that during closed session the City Council deliberated the items listed on the closed session agenda. He noted the following--regarding existing and anticipated litigation and two cases regarding public employees matters, no actions were taken which would require reporting.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Powers at 7:35 p.m. on Thursday, January 11, 2001, at the Community Center, 1245 No. Hacienda Road, La Habra Heights.
2. ROLL CALL
Councilmembers present were: Daniel, Engelhardt, Klein, Powers and Spothelfer. Also present were City Manager Lindsey, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, Contract Planner Stetson, City Engineer Milano, Deputy City Engineer Gilbertson, and Sheriff's Department Deputy Rhodes.
3. FLAG SALUTE AND INVOCATION
4. ANNOUNCEMENTS
Councilmember Spothelfer provided information of community interest regarding upcoming events.
5. PRESENTATIONS
Fire Division Chief Jason Hurd was recognized for his recent donation of a Ford Crown Victoria vehicle to the City of La Habra Heights.
John Pespisa, Hacienda Road, Operations Manager for Southern California Edison, apprised the City Council regarding the power system serving La Habra Heights.
Stephen Blagden, Citron Road, posed questions and commented regarding the following items: the Hacienda Road resolution for the General Plan update, fair campaign practices, design of the East Road signal control box, the Construction-Demolition Recycling Ordinance, and the Planning Commission selection ballot measure.
Kathy Sauble, Emergency Preparedness Chairperson - referring to potential electrical blackouts, encouraged residents to be prepared and offered several suggestions.
Edward Borrowe, representing the VOPs reported on the Sheriff's Department upcoming blood drive and provided information on the upcoming academy training session and recruitment for Volunteers On Patrol.
La Habra Heights City Council candidates each conducted a three-minute dissertation discussing their vision for La Habra Heights and stated intentions if elected to the Office.
FINANCIAL MATTERS
6. APPROVAL OF WARRANTS
The December warrants in the amount of $376,873.82 were unanimously approved.
7. TREASURERŐS REPORT FOR NOVEMBER & DECEMBER 2000
The Treasurer's report consisted of:
á Cash & Investments
á Schedule of LAIF Investments
á Dai-Ichi-Kangyo Bank Report
á RKA Civil Engineers
á Richard, Watson, & Gershon Law Firm
á Major Conditional Use Permits
á District No. 1 Activities
á Fund Activity Report
á Budget Reports
There being no objection, the TreasurerŐs Report was deemed received and filed.
CONSENT CALENDAR
8. It was recommended that items 8a through 8d 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.
Councilmember Klein requested that 8d be removed for separate discussion.
a. STANDARD URBAN STORM WATER MITIGATION PLAN ORDINANCE – REPEAL OF PRIOR ORDINANCE AND ADOPTION OF NEW ORDINANCE
A revised Standard Urban Storm Water Mitigation Plan Ordinance to replace a prior Ordinance adopted by the City Council in September 2000.
RECOMMENDATION: SECOND READING AND ADOPTION OF ORDINANCE NO, 239 BY TITLE ONLY
b. CONSTRUCTION AND DEMOLITION RECYCLING ORDINANCE
This Ordinance creates a residential and commercial construction and demolition (C & D) recycling program.
RECOMMENDATION: SECOND READING AND ADOPTION OF ORDINANCE NO. 240 BY TITLE ONLY
c. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE REPORT
A motion was offered by Councilmember Spothelfer, seconded by Councilmember Engelhardt to approve staff's recommendations for items 8a through 8c. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
CONSENT CALENDAR (Continued)
d. PURCHASE OF NEW FIRE DEPARTMENT RESCUE SQUAD UNIT
Authorization to purchase a rescue squad unit utilizing $25,000 of Highway Traffic Safety Grant funds and $79,684 of budgeted Fire Department funds.
RECOMMENDATION: AWARD BID TO H&W EMERGENCY VEHICLES IN THE AMOUNT OF $104,684
Fire Chief Nelson provided a brief history: The present rescue squad is over 12 years old. Chief Nelson was asked to do a service level agreement to determine future needs. Replacement funds for the rescue squad became available through a highway traffic safety grant.
Councilmember Klein noted a bid spread of $10,000.
Chief Nelson explained that although five bids were received, three were not acceptable because the chassis was the wrong size and too large for many of the driveways in the Heights. There was also a difference with the in-state-purchase tax and out-of-state user tax.
Chief Nelson suggested funds be awarded by March 31, 2001 since the expense was allocated for the current year's budget.
The City Council requested the City Attorney to provide further information regarding whether or not the City would be required to pay a user tax if the apparatus were to be purchased in the State of Oregon. This matter was then continued to a special meeting yet to be set up or to the February regular meeting.
PUBLIC HEARINGS
The City Council agreed to consolidate agenda items #9 and #10 for the staff report and for purposes of public hearing.
9. OIL FACILITY ALTERNATIVES--CRIMSON RESOURCE
(Continued from the December 14, 2000 City Council meeting.)
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 2000-04
Contract Planner Laura Stetson presented the staff report regarding 1) consideration of oil facility alternatives for Crimson Resource Management relating to the power oil loop from Canada Sombre - Site 3 to the Hacienda Boulevard - Site 5; and 2) consideration of an extension for CUP 00-04, to allow temporary trucking operations to continue beyond January 31, 2001, for completion of construction activities.
Discussion ensued between the City Council, staff and John Greer from Crimson Oil.
The Council wanted to make sure that temporary tanks will be removed when the pipeline is finished. The Council decided that during the on-going construction Crimson's trucking operations will be between 10:00 a.m. - 2:00 p.m. daily or at the discretion of the Planning Director, 9:00 a.m. - 3:00 p.m.
The Council discussed planting requirements for Site 3. Contract Planner Stetson reported that a considerable amount of plants had been planted and sprinklers installed inside the gated area in addition to the cleanup work in the public right-of-way. The City Council decided a new gate was needed at this site to improve the property's appearance for residents who live nearby. The gate will be approved by the City's Planning Director.
Following continued discussion, the City Council required the following: the right to have temporary tanks removed after the May 31, 2001 deadline, all costs to be paid by Crimson Oil; and daily damage fees of $1,000 per day will be charged after the deadline for continued trucking in the Heights.
Public Comments: There were no public comments on Items 9 & 10.
The following amended language was proposed by the City Attorney:
4. The permittee or its successor shall be permitted to erect no more than two (2) temporary oil storage tanksÉ.
4-e. The tanks shall be removed no later than the sooner of May 31, 2001 or the first date on which the applicant may lawfully use the new lines. É.
4-f In the event the tanks are not removed by the time established in subparagraph (e) of this paragraph, the City shall have the authority to enter the site to remove the tanks, to store them off site, and to recover from the applicant its costs of doing so. The acknowledgement required by paragraph 7 of this section shall confer upon the City an express license to accomplish this removal.
4-g While the temporary tanks are in use, hours of trucking shall be restricted to 10:00 a.m. to 2:00 p.m. each week day, or 9:00 a.m. to 3:00 p.m. if the City Planning Director determines the longer period is required. Any other time period may be established only by action of the City Council.
9. If trucking operations continue after the deadline established pursuant to paragraph 5 of this section, the applicant shall pay liquidated damages to the City in the amount of $1,000 per day. In addition to any remedy available by law, the City may satisfy any liability which accrues under this paragraph 9 from any funds of the applicant on deposit with the City, regardless of the purpose for which the funds are held.
10. The applicant shall replace the gate at Site 3 with a gate with a residential aesthetic reasonably acceptable to the City Planning Director to limit views into the site from neighboring residential properties. An example of an acceptable gate would be a wrought-iron gate of the type reasonably installed at the southern boundary of the Lynch Tract developed by EPAC Development Co. in the City.
Discussion ensued between Mr. Greer, City Council, and staff regarding resurfacing the roadway following the installation of the Crimson pipeline. He will contact the City Engineer to set the correct procedure.
A motion was offered by Councilmember Klein and seconded by Mayor Pro Tem Daniel to adopt Resolution No. 01-01 as amended and entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 99-08." The motion was approved as follows:
AYES: Daniel, Englehardt, Klein, Powers, Spothelfer
NOES: None
ABSENT: None
(Amendment language for Resolution
01-01 replaces repave with resurface.)
A motion was offered by Councilmember Klein which was seconded by Mayor Pro Tem Daniel to adopt Resolution No. 01-04 as amended and entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 2000-04." The motion was approved as follows:
AYES: Daniel, Englehardt, Klein, Powers, Spothelfer
NOES: None
ABSENT: None
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DETERMINING THE AMOUNT OF NECESSARY REVENUES FOR FIRE PROTECTION AND SETTING THE LEVEL OF THE SPECIAL FIRE TAX FOR FISCAL YEAR 2000-01
City Manager Lindsey presented the staff report regarding a resolution required annually for the special fire tax determining the amount to be levied for FY 2000-01. It was noted that said proposal includes no tax.
A motion was offered by Councilmember Englehardt which was seconded by Councilmember Spothelfer to adopt Resolution No.01-02 as entitled above. The motion was approved as follows:
AYES: Daniel, Englehardt, Klein, Powers, Spothelfer
NOES: None
ABSENT: None
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS PROVIDING FOR THE COLLECTION OF FISCAL YEAR 2000-01 MAINTENANCE ASSESSMENT INSTALLMENT IN CONNECTION WITH THE CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 2
City Manager Lindsey presented the staff report for a resolution for the fifth annual levy of road maintenance funds pursuant to Citywide Street Maintenance District No. 2 and approving the EngineerŐs Report setting forth that levy. It was noted that this proposal includes no increase.
A motion was offered by Councilmember Spothelfer which was seconded by Mayor Pro Tem Daniel to adopt Resolution No. 01-03 as entitled above. The motion was approved as follows:
AYES: Daniel, Englehardt, Klein, Powers, Spothelfer
NOES: None
ABSENT: None
OLD BUSINESS
13. HACIENDA BOULEVARD / SKYLINE DRIVE TRAFFIC SIGNAL
Deputy City Engineer Gilbertson presented the staff report indicating that notification was received from the Metropolitan Transportation Agency regarding the eligibility of Prop C funds for the proposed signal construction and installation. The required safety lighting (to light the intersection) will be
shielded in order to direct the light. It was also noted that only the minimum-required wattage will be used and the impact on migration of wildlife should be minimal.
It was noted by City Manager Lindsey and Mayor Powers that L. A. County Supervisor Knabe also pledged financial support towards the installation of the traffic signal.
Stephen Blagden, Citron Road, disagreed with the handling of this matter, and noted that the City should have included this intersection with the Hacienda traffic calming study.
Wayne McCown, West Skyline Drive, spoke against installing a traffic signal and opined that traffic congestion will result due to the stopping of cars. Additionally, he reported that a traffic signal at said location could not be justified from a safety standpoint.
Edward Borrowe, Reposado Drive, voiced concerns regarding accepting funds and "strings attached."
John Pespisa, La Habra Heights, indicated that he is in favor of the traffic signal installation and suggested a photo enforcement be installed with the traffic light fixture.
Susan Perillo, Leucadia Road, suggested a four-way stop at the noted intersection instead of the proposed traffic signal.
Rick Warsinski, Ardsheal Drive, voiced approval of the proposal.
Allen Babashoff, Leucadia Road, voiced approval of the proposal.
Pete Kreager, Ardsheal Drive, voiced approval of the proposal.
Coleen Aldrich, Panchoy Place, voiced approval of the proposal.
Shawn Smith, Leucadia Road, voiced approval of the proposal. He also asked that the street sign be a double sign to include Leucadia Road since people have trouble finding the street.
John Beau, Casalero Drive, voiced approval of the proposal.
George Casey, Ardsheal Drive, voiced approval of the proposal.
Bob Henderson, City of Whittier Councilmember, representing the Puente Hills Landfill Native Habitat Preservation Authority, spoke regarding unnecessary wide/circular light in relation to the wildlife movement in the area.
Glen Peterson, West Skyline Drive, said he is a traffic engineer and is opposed to the proposal because a traffic signal should not be installed at an intersection where there is poor sight distance.
Ken Robinson, La Habra Heights, voiced approval of the proposal.
Regarding concerns raised during public comments, Deputy City Engineer Gilbertson provided the following:
Staff feels that the problem with sight distance can be overcome by using elevated signal heads and advance warning signs. Stop signs would not be conducive due to the large amount of traffic on Hacienda. Traffic signals will be set for continuous green on Hacienda and will change when tripped by traffic on Skyline.
In conclusion the City Engineer stated that the need for a traffic signal at the Hacienda-Skyline intersection is warranted. He opined that this proposal is a viable project.
A motion was offered by Mayor Pro Tem Daniel which was seconded by Councilmember Spothelfer to proceed with the design and bidding process of the signal according to plans presented this evening. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers and Spothelfer
NOES: None
ABSENT: None
14. PUBLIC NUISANCE AT 1008 WEST ROAD - BILL GASKILL
The staff report was given by Planning Technician Doppieri stating that considerable efforts have been made to clean up the property. Further improvements, however, are still needed for said property to comply with City codes.
City Manager Lindsey added that Mr. Gaskill continues to dispute the removal of vehicles, airplane, and the use of the plastic roof covering; also questioning the City's authority to require their removal.
Mr. Gaskill presented his views to the City Council and indicated that the City provided him with a copy of the Building Code which, he opined, does not specify the noted violations.
City Attorney, Colantuono, said that although Mr. Gaskill may not agree with the interpretation of City codes, under the Declaration of a Public Nuisance, compliance is mandatory.
NEW BUSINESS
15. LOS ANGELES COUNTY SHERIFF DEPARTMENT USE OF CLEEP MONIES
City Manager Lindsey presented the staff report for a request to utilize $5,000 of the City's California Law Enforcement Equipment Program (CLEEP) technology funds for a community-based phone notification system.
She explained that the computer can be programed to dial a specific message out to pre-determined areas, using a pre-recorded message. The Sheriff's Department has indicated this system could also be used for emergency services specific to La Habra Heights including items not sheriff-related.
Captain Binkley, of the Industry Sheriff's Station, reported on the functions of The Communicator to help fight crime and better communicate with La Habra Heights residents and nearby cities that have also signed on. Discussion ensued regarding operations of The Communicator.
Stephen Blagden, Citron Road, questioned where the telephone numbers will come from and commented on the issue.
A motion was made by Mayor Pro Tem Daniel which was seconded by Councilmember Klein to approve the $5,000 expenditure. The motion was approved as follows:
AYES: Daniel, Klein, Powers, and Spothelfer
NOES: Engelhardt
ABSENT: None
16. PLANNING DEPARTMENT FEES AND CHARGES
City Attorney Colantuono gave an overview of the Planning Department's fee structure. He stated that prior to Powder Canyon, the City had an ordinance with fixed fees to cover all application processing costs. At that time the set fee charged for an EIR application was $20,000 and the same was charged for a Specific Plan application.
In 1994 the fee structure was amended with a resolution to say that every fee paid against a land-use application is a deposit against the City's actual costs. Under the current structure there are no fixed fees, only fixed deposit amounts; and the developer is required to pay the City all costs for processing his project.
In order to protect the City's financial interest, it was the concurrence of the City Council to have staff review amending the current fee procedure to provide additional guidelines for deposit pertaining to the 90-180 day major projects.
City Attorney Coluntuono said in order to amend the fee resolution, a staff report is required with recommendations for setting of deposits and analysis to justify that the suggested deposit is not anticipated to exceed the City's administrative costs.
Stephen Blagden, Citron Road suggested that the City set up a time tracking system.
With no objection the report was deemed received and filed.
17. DISPOSITION OF SURPLUS FIRE APPARATUS – SELL AND/OR TRADE
It was noted that this item regarding the disposition of six surplus pieces of Fire Department apparatus and the acquisition of new apparatus is continued to the March calendar.
17a. ADDED TO AGENDA ITEM: ANIMAL UNDERPASS ON HARBOR BLVD.
A motion was made by Mayor Pro Tem Daniel which was seconded by Councilmember Engelhardt to add this item to this evening's agenda as an urgency item. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers
NOES: Spothelfer
ABSENT: None
Bob Henderson, representing the Puente Hills Landfill Native Habitat Preservation Authority asked the Council for a letter of support for the construction of an animal underpass at Harbor Boulevard in which grant funds would be used.
Chris Hass, from Cal Poly University, spoke about the tunnel that the Authority wishes to build.
Discussion ensued. It was noted that the request is for a letter of support only and not a request for financial responsibility.
A motion was made by Councilmember Klein, seconded by Councilmember Engelhardt to write a letter of support for the animal underpass at Harbor Boulevard. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
ADMINISTRATIVE REPORTS
18. CITY MANAGERŐS REPORT
Mayor Powers stated that Whittier Christian Junior High submitted their master plan and there are problems.
City Manager Lindsay explained about the plan and that it is under consideration in a review process.
Planning Director Sanderson stated the school's plan is incomplete with 40 items being incorrect.
Councilmember Klein was disappointed that the school was not represented at this Council meeting. It was suggested that the City Manager call the school tomorrow and inform them about the 40 incorrect items.
Mayor Powers also stated how upset he is at the lack of a representative at this evening's Council meeting. He requested the school's representative(s) to be at the next meeting.
City Manager, Lindsay reported that the mid-year budget report is scheduled to be presented at February meeting. She noted that increasing utilities expenses and the 50% raise in health care costs will affect the budget.
19. CITY ATTORNEYŐS REPORT
City Attorney, Colantuono explained the importance of Measure A, and also Measure B, for the upcoming March 6, 2001 General Municipal election.
20. CITY ENGINEERŐS REPORT
Deputy City Engineer Gilbertson stated that bids are being received for chip sealing and slurry sealing roadways under the Phase III Roads Project. Contract award will be on the February City Council agenda. Project completion was anticipated to be two-three months.
21. FIRE CHIEFŐS REPORT
á Monthly Report
Fire Chief Nelson gave the Fire Department's monthly operation status report and apprised the City Council of additional matters of interest.
á Year 2000 Summary Report
It was noted that a Summary Report for the Year 2000 was passed out (previously) to the City Council.
On behalf of the City Council, Mayor Powers praised the Fire Department for an exceptional year, the Department's accomplishments, and the service level to the community. He thanked Chief Nelson for the year of service.
22. PLANNING COMMISSIONŐS REPORT
None
CITY COUNCIL COMMENTS
Mayor Pro Tem Daniel commented on the low cost of the City's Fire Department with its excellent service and great response. He concluded that the La Habra Heights voters should realize this and vote to pass Measure A on March 6, 2001.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Richard Beckman, Subtropic Drive spoke in support of Measure A.
CLOSED SESSION
At 11:32 p.m. the City Council adjourned to a brief closed-session discussion to determine a special Council meeting date to agendize employee matters, the Fire Department bid, and traffic signal poles.
ADJOURNMENT
The meeting was reconvened in the open session at 11:40 p.m. It was reported that the City Council will meet on January 25, 2001, at 6:00 p.m. to discuss the above-noted agenda items.
This evening's City Council meeting was adjourned at 11:45 p.m. in memory of Clifford Powers, Mayor John Powers' father, who passed away on December 28, 2000.
ATTEST:
____________________________
City Clerk Lindsey