CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
Based on advice from legal counsel, the Council finds that discussing the noted closed session items in open session would prejudice the local agency in litigation. The meeting was adjourned to a closed session at 6:05 p.m. with all members of the City Council present to discuss the following:
á existing litigation
á anticipated litigation
á conference with real property negotiator
á public employee performance evaluation
The meeting was reconvened in open session, and Mayor Engelhardt reported that no actions were taken which requires reporting on the closed session items.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Engelhardt at 7:35 p.m. on Thursday, August 9, 2001, at the Community Center, 1245 North Hacienda Road, La Habra Heights.
2. ROLL CALL
Councilmembers present were: Borrowe, Carroll, Engelhardt, Klein, and Millsap. Also present were City Manager Lindsey, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, Senior Management Analyst Orchanian, City Engineer Milano, Fire Marshal Nielson, Sheriff's Department Lieutenant Ault, and Deputy City Clerk Coulter.
3. FLAG SALUTE
The flag salute was led by Mike Rentner, Management Director with NBS Government Finance Group, the City's consultant for ballot measure election.
4. PRESENTATION
Fire Marshal Nielson reported on weed abatement issues and related public safety matters.
Fire Chief Nelson asked that this evening's meeting be adjourned in memory of Captain Mark Fenner who passed away this afternoon following his battle with cancer. He said that Mark had been with the La Habra Heights Fire Department since the late 1980's, and noted that his family had been active in City affairs.
Dyana Heiss, Encanada Drive, spoke regarding the formation of the newly-formed Lost Animals Network in La Habra Heights.
Ram Ramkumar, Lindante Drive, Whittier, spoke regarding agenda item 8b and voiced disagreement with information in this evening's consent calendar resolution. Discussion ensued regarding this item.
The City Attorney stated that Mr. Ramkumar's observations generally reflect decisions made by the Planning Commission. This evening's resolution emphasizes decisions made at the July Council meeting to deny without prejudice. He continued that Mr. Ramkumar is proceeding with a new application to be presented to the Planning Commission. Following the Commission's consideration and recommendation, this matter will again come before the City Council. It was the City Attorney's suggestion that any perceived injustices could be corrected with the next resolution.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
It was noted that additional warrant documentation was received this evening and the Council wished additional time to review the report.
Staff was directed to pay the warrants and to re-agendize the July warrants for the September 13, 2001, Council meeting.
6. TREASURERŐS REPORT FOR JULY 2001
It was noted that revised documentation regarding the Treasurer's report was received this evening and the Council wished additional time to review the report.
Staff was directed to re-agendize this evening's Treasurer's report for the September 13, 2001, Council meeting.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special Joint City Council/ Planning Commission Meeting of May 31, 2001; and a Regular City Council Meeting of July 12, 2001.
Councilmember Borrowe requested that the vote approval be corrected on page 5 of the July 12, 2001 minutes.
Minutes for May 31, 2001 and the amended July 12, 2001 minutes were approved unanimously by all Councilmembers who were in attendance at said meetings.
CONSENT CALENDAR
8. It was recommended that items 8a through 8b 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.
8a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE
8b. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT (CUP) 2000-10 AND VARIANCE 2001-01 WITH RESPECT TO 16390 LAS CUMBRES DRIVE IN THE CITY OF LA HABRA HEIGHTS
A Resolution for denial (without prejudice) of CUP 2000-10 to construct a tennis court and Variance 20001-01 to exceed impervious coverage at 16390 Las Cumbres Drive.
RECOMMENDATION: ADOPT RESOLUTION No. 01-28
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Klein to approve staff's recommendations for agenda items 8a and 8b. The motion was approved as follows:
AYES: Borrowe, Engelhardt, Carroll, Klein, and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS MODIFYING AND APPROVING THE ENGINEER'S REPORT AND CONFIRMING A STREET MAINTENANCE ASSESSMENT WITHIN CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 3 COMMENCING IN FISCAL YEAR 2001-02 PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982, CHAPTER 6.4 OF PART 1 OF DIVISION 2 OF TITLE 5 OF THE CALIFORNIA GOVERNMENT CODE
Mayor Engelhardt opened the public hearing. No one wished to speak and the call of the ballots was closed; followed by the close of the public hearing.
The City Council authorized staff to proceed with the tallying of ballots.
It was noted that this item would be revisited later this evening at the conclusion of the ballot tabulation process.
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT (CUP) 2000-13
(Continued from the July 12, 2001 City Council meeting.)
Mayor Engelhardt opened the public hearing.
Applicant Mike Blackwell, stated that at last month's Council meeting Sprint was instructed to work with the Hacienda Golf Course and nearby neighbors. He reported meeting with Ms. Black and took pictures of the proposed site from her property. He also met with Mr. Sixt; and during their discussion it was determined that relocating the equipment to another pole would not be acceptable to Mr. Sixt. Other locations were discussed with the Golf Course, and Mr. Blackwell was told that the Spring PCS facility would not be allowed elsewhere other than the pre-determined site at the club's driving range.
Sprint is now proposing a smaller antenna--5 feet tall and 6 1/2 inches in diameter. Mr. Blackwell noted that the circumference of the current pole is approximately 16 inches. It is Sprint's opinion that the new antenna devise would not change the aesthetic appearance of the pole.
George Casey, President of the Hacienda Golf Club, asked the City Attorney to comment on the three categories under which the project may not be denied.
City Attorney Colantuono indicated the following:
á A service gap cannot be created, and the City may not compel a specific service not be provided.
á May not discriminate between services based on technology that the company employs.
á Cannot regulate health effect.
He continued that the City does have the right to regulate from a land-use perspective.
Mr. Casey urged the City Council to vote in favor of the project.
Michael Rodriquez, representing Sprint PCS, spoke in favor of the project noting that Sprint has eliminated the argument regarding the antenna's aesthetic impact.
Discussion ensued regarding co-location and regulating the amount of wattage allowed. Mr. Blackwell agreed that the City may have access to compliance reports filed with the FPPC.
Arian Samsin, Church-Hill Road, inquired as to procedural matters for this CUP project.
Steve Sixt, East Road, felt the City should have a procedure in place for the construction of cellular service sites in La Habra Heights before considering this project.
Larry Black, East Road, indicated that cellular facilities should not be located within such close proximity to residential properties.
As no one further wished to testify, the public hearing was closed.
Mayor Engelhardt asked regarding an established policy prior to permitting cellular antenna facilities.
City Attorney Colantuono indicated that the City needs to act without undue delay noting the timeline under the Permit Stream Lining Act.
Several amendments to staff's resolution outlined in this evening's staff memorandum-report were discussed by City Attorney Colantuono.
The following amendments were suggested by the City Council.
á The operator of the antenna will provide annual proof of compliance that the cellular antennas comply with all FCC regulations.
á The pole will not be allowed to change in appearance and nothing may be located on the outside of the pole.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Borrowe to adopt Resolution No. 01-29 as amended.
Mayor Engelhardt requested the condition for co-location be removed from the resolution; Mayor Pro Tem Carroll did not accept this amendment to his motion.
Mayor Pro Tem Carroll accepted the amendment that the City may cease operations of the facility if FPPC standards are violated and the infraction is not corrected within 30 days after receiving notice from the City.
The motion was approved as follows:
AYES: Borrowe, Carroll, Klein, and Millsap
NOES: Engelhardt
ABSENT: None
11. EXTENSION OF CONDITIONAL USE PERMIT (CUP) 99-01 -- THE HEIGHTS CHRISTIAN SCHOOL
Planning Director Sanderson provided the staff report with a brief overview of the CUP. It was noted that the deadline for the CUP's time extension as being tomorrow, August 10, 2001. The Planning Director recommended that staff be directed bring back a resolution with the appropriate findings and conditions of approval.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Borrow to continue CUP 99-01 to the September 13, 2001 Council meeting; public comments will be taken at that time.
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
12. CONTINUANCE OF PUBLIC HEARING FOR CONDITIONAL USE PERMIT (CUP) 2000-12 -- THE HEIGHTS CHRISTIAN SCHOOL
Councilmember Engelhardt explained that this matter was set with the potential expectation that the Planning Commission would have finished their deliberation regarding the CUP. However, they did not, and this evening's request is to continue the public hearing for CUP 2000-12 to the September 13, 2001 meeting.
Mayor Engelhardt asked if there was anyone in the audience who wished to speak on this matter; no one wished to provide public testimony.
A motion was offered by Councilmember Klein, which was seconded by Councilmember Borrowe to continue the public hearing for CUP 2001-02 to the September 13, 2001 Council meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
13. CONFIRMATION AND ACCEPTANCE OF LOS ANGELES COUNTY WEED ABATEMENT CHARGES
City Manager Lindsey presented the staff report for L. A. County's weed abatement charges for vacant parcels in La Habra Heights. It was recommended that the City Council confirm the 2000-01 weed clearance charges and order the County Auditor to enter the assessments against the respective parcels.
Mayor Engelhardt opened the public hearing.
Dave Cassidy, representing the weed abatement division for L. A. County Agricultural Weights and Measures discussed the County's weed abatement process for La Habra Heights.
Mayor Pro Tem Carroll told Mr. Cassidy of the citizens' frustration with the County's program noting the lateness in the season and the many parcels that have not been cleared to date. Mr. Cassidy was asked to convey this information to the department's division manager.
Mr. Cassidy was unable to provide a date as to when the County will be finished with clearing all unimproved La Habra Heights parcels. He continued to answer that some of the late scheduling may be due to personnel changes, and he agreed that the response time should be better.
David Dowell, Weed Abatement Contractor, indicated that he gets many calls from citizens who complain regarding County services and uncleared parcels. He opined that the County conducts its inspections long past the May 1st weed clearance deadline. Property owners who comply with the required deadline often have to pay twice to clear their parcels.
Mayor Engelhardt said that there are parcels in the City which constitute a huge fire hazard to nearby neighboring homes. Review of the County's weed abatement services will be on the September 13, 2001 Council agenda.
A motion was offered by Mayor Pro Tem Carroll which was seconded by Councilmember Millsap to accept the County's weed abatement charges. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING AN OPERATING AND CAPITAL BUDGET FOR SAID CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2001, AND ENDING JUNE 30 2002, AND APPROPRIATING FUNDS FOR PURPOSES THEREIN SET FORTH
(Continued from the July 23, 2001 Council meeting).
Councilmembers Borrowe and Millsap (Budget Advisory Committee Members) agreed that the City's budget is close to completion to the satisfaction of the Budget Advisory Committee. Both thought one more Budget Committee meeting is needed before presenting the revised budget to the City Council. It was indicated, however, that the Fire Department budget may not be ready at the same time.
City Manager Lindsey explained the budget modifications.
A motion was offered by Councilmember Klein, which was seconded by Mayor Pro Tem Carroll to continue this item to the September 13, 2001 Council meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS SETTING THE CITY'S SPECIAL FIRE PREVENTION AND PROTECTION SERVICES TAX LEVY FOR FISCAL YEAR (FY) 2001-02
(Continued from the July 23, 2001 Council meeting).
City Manager Lindsey presented the staff report noting the two tax-levy options for continuing the City's Fire Prevention and Protection Services: 1) either no change in the City's fire fee or 2) a 3% ($10.60 annually for the average homeowner) fee increase. It was noted that the current fee schedule has been in effect since July 1997. Based on the Consumer Price Index (CPI) analysis, the City Council may increase the fire fee up to 6.2% ($22.06 annually for the average homeowner).
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Borrowe to adopt Resolution 01-30 to maintain the City's fire fee at its present level.
Councilmember Klein voiced disagreement with keeping the fire fee at its current level. He discussed the importance for funds to be set aside for long-term capital improvements; he indicated a preference for the resolution to raise the fire fee by 3%.
The motion was approved as follows:
AYES: Borrowe, Carroll, and Millsap
NOES: Engelhardt and Klein
ABSENT: None
16. TRAFFIC CALMING PROPOSALS FOR HACIENDA ROAD
City Engineer Milano presented the staff report providing a brief description of each contractor who had presented a proposal. The scope of services were discussed as well as funding sources.
Councilmember Millsap expressed that she would like to proceed with the project this evening. She indicated that she spoke with the contractors and her preference would be O'Rourke; not only because they are the low bidder, but she felt that the City could work well with this company.
A motion was offered by Councilmember Millsap, which was seconded by Mayor Engelhardt to award the contract for a traffic calming study for Hacienda Road to O'Rourke. The motion failed as follows:
AYES: Engelhardt and Millsap
NOES: Borrowe, Carroll, and Klein
ABSENT: None
The remaining Councilmembers were inclined to have the City interview contractors prior to awarding a contract.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Borrowe to have the Council interview contractors for the Hacienda Road Calming Study proposal; the City Engineer is to attend the meeting; and said interviews will not be televised. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
The City Manager was asked to determine a date to meet prior to next month's regular Council meeting.
NEW BUSINESS
None
ADMINISTRATIVE REPORTS
17. CITY MANAGERŐS REPORT
None
18. CITY ATTORNEYŐS REPORT
None
19. CITY ENGINEERŐS REPORT
City Engineer Milano reported on the upcoming reconstruction of Hacienda Road.
20. FIRE CHIEFŐS REPORT
Fire Chief Nelson gave the Fire Department's monthly operation status report and apprised the City Council of additional matters of interest.
21. COMMISSION/COMMITTEE REPORTS
None
CONTINUED PUBLIC HEARING ITEM
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS MODIFYING AND APPROVING THE ENGINEER'S REPORT AND CONFIRMING A STREET MAINTENANCE ASSESSMENT WITHIN CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 3 COMMENCING IN FISCAL YEAR 2001-02 PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982, CHAPTER 6.4 OF PART 1 OF DIVISION 2 OF TITLE 5 OF THE CALIFORNIA GOVERNMENT CODE
City Clerk Lindsey reported that the Ballot Assessment tabulation resulted in a 59.6% majority in favor of continuing with the Citywide Maintenance Assessment District.
A motion was offered by Councilmember Klein, which was seconded by Mayor Pro Tem Carroll to adopt Resolution No. 01-31 approving the Engineer's Report and confirming a Street Maintenance Assessment District. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CITY COUNCIL COMMENTS
None
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
The meeting was adjourned in memory of La Habra Heights Fire Captain Mark Fenner at 9:55 p.m.
ATTEST:
________________________________
City Clerk Lindsey