CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
Since the City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in litigation, the meeting was adjourned to a closed session at 6:05 with all Councilmembers present. Also present were City Manager Diaz and City Attorney Colantuono.
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Engelhardt at 7:46 p.m. on Thursday, January 10, 2002, 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 Interim City Manager Diaz, City Attorney Colantuono, Planning Director Brady, Fire Chief Nelson, Senior Management Analyst Orchanian, City Engineer Milano, Fire Marshal Nielson, Deputy City Clerk Coulter, and Sheriff's Department Lieutenant Ault and Deputy Jim Bickle.
3. FLAG SALUTE
At the request of the Mayor, John Erickson led the salute to the flag.
4. PRESENTATION
Regarding traffic calming on Hacienda Road, City Engineer Milano announced that a town-hall meeting will be held in the Multi-Purpose Room on Thursday, January 31, 2002, at 7:00 p.m. The City's traffic consultant will be in attendance to receive public comments and suggestions. Comments will be studied by the consultant; his report forwarded to the Council; and said report will also be available at the second workshop meeting in March or April.
Bob Henderson, Board Member with the Puente Hills Native Habitat Preservation Authority (PHNHPA) presented an overview of the Powder Canyon project. He stated that the approximately ½-acre Equestrian Center site consists of a 125'x75' oval equestrian warm-up ring and a trailhead with parking places for horse trailers and cars.
The park designer who reviewed the plans recommended a modification to reverse the position of the riding ring and the parking area. The PHNHPA Board Members agreed this would be safer for the horse and rider would then not have to cross where cars enter. The revised project, however, requires a $1,200 filing fee and going through the amendment process. PHNHPA requests the fee be waived and the revision be handled over the counter. In conclusion, Mr. Henderson said that technically speaking, PHNHPA (due to its governmental status) is exempt from local planning rules; however, the authority strives for community harmony and will follow the laws of the local city.
General discussion followed pertaining to the project regarding waiving fees; Highland Riders' involvement and input; maintenance of the proposed facility; environmental effects, i.e. blue line stream; safety issues; and prohibiting motorcyclists and unlawful trespassing.
The City Council decided to have the Powder Canyon Equestrian Center matter brought back after GPAC has met on January 28, 2002 for further consideration. Highland Riders are anticipated to attend the meeting, and Mr. Henderson will also be in attendance to answer any questions. GPAC will report to the City Council with further recommendations at the February 14, 2002 City Council meeting.
Pat Sinclair, of the La Habra Women's Club, spoke of two upcoming speaker-luncheons at the Hacienda Golf Club and invited the public to attend.
Kathy Sauble, Emergency Preparedness Chairperson, spoke regarding residents being prepared for major disaster situations (i.e., earthquakes) and the necessity for residents to be self-sustained for several days.
Stan Quade, El Cajonita, spoke regarding the City's building procedures, indicating that he would be against passing another ordinance to further complicate the City's construction process.
Sandy Dykier, Picaacho Drive, spoke regarding people who ride their bicycles through the City and do not obey the rules of the road. She noted several incidents when bicyclists were careless or disobeyed the rules causing narrowly-missed head-on collisions. She inquired if the Sheriff's Department could be of assistance in this matter.
Mayor Engelhardt asked Lieutenant Ault to report back at the Feburary 14, 2002 meeting regarding cyclists' requirements and the Sheriff's Department's enforcement.
Zachary Brown, West Road, asked the City Council to expedite the Powder Canyon Equestrian Center project.
Elizabeth Barringer, who wished to speak on the City Engineer's report regarding drainage on El Cajonita was told that the Engineer would be leaving following discussion of the consent calendar.
City Engineer Milano responded that at this time he has nothing to report regarding this matter which is still being considered by the Public Works Committee. He continued that El Cajonita drainage channel will be on the Committee's upcoming agenda. Additionally he said if Ms. Barringer would call him Monday, he will discuss what has transpired to date.
The City Engineer was directed to mail out notices to residents of El Cajonita Drive informing them of the date that the Public Works Committee will be discussing plans for El Cajonita storm drains.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS
The December warrants in the amount of $955,330.99 were approved unanimously.
6. TREASURERŐS REPORT FOR NOVEMBER, 2001
The Treasurer's Report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash with Fiscal Accounts
á RKA Civil Engineers
á Law Firm of City Attorney
á Major Planning Projects
á District No. 1 Activities
á Fund Activity Report
á Budget Reports
á Backup Attachments
Interim City Manager Diaz reported that the cash deposit required by the CUP approved for Family Resource Ministries' amounts-on-deposit will continue to meet the CUP requirements.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special City Council Meeting of March 20, 2001 and a Regular City Council Meeting of December 13, 2001.
The following corrections were noted by the City Council regarding minutes for December 13, 2001:
Middle of page 5 should state that Councilmembers Borrowe and Klein expressed concern as to who would supervise the youthÉ..
Bottom of page 10 corrected vote to read that Carroll and Engelhardt voted Noes regarding Resolution No. 02-01 denying approval of applications for a CUP and a Variance at Las Cumbres Drive.
With corrections noted and minutes for 12/13/01 amended, the minutes for March 20, 2001 and December 13, 2001 were approved unanimously.
CONSENT CALENDAR
8. It was recommended that items 8a through 8f 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.
It was requested that items 8b, 8c, and 8f be pulled for separate discussion.
8a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for the Heights Christian School.
RECOMMENDATION: RECEIVE AND FILE
8d. RESIGNATION OF ADVISORY COMMITTEE MEMBER FOR THE PUENTE HILLS NATIVE HABITAT PRESERVATION AUTHORITY
Acceptance of Don Smith's resignation from the Puente Hills Native Habitat Preservation Authority - Advisory Committee.
RECOMMENDATION: ACCEPT RESIGNATION
8e. MAINTENANCE AGREEMENT WITH WESTERN MOBILE TELEPHONE COMPANY TO SERVICE THE CITY'S FIRE DEPARTMENT COMMUNICATION EQUIPMENT
Per FCC regulations to maintain communication equipment and the necessity for Emergency Services to rely on well-functioning radio equipment, the City desires to contract with Western Mobile Telephone Company.
RECOMMENDATION: APPROVE AGREEMENT
Regarding agenda item 8e, the Council accepted the City Attorney's recommendation to amend staff's suggested action for approval of agreement provided the City's Professional Services standard contract is used.
A motion was offered by Councilmember Klein, which was approved by Councilmember Borrowe to accept staff's recommendations for agenda items 8a, 8d, and amended-8e. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR (Continued)
8b. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DENYING CONDITIONAL USE PERMIT 2000-10B AND VARIANCE 2001-01B WITH RESPECT TO 16390 LAS CUMBRES DRIVE IN THE CITY OF LA HABRA HEIGHTS
A Resolution for denial pertaining to CUP 2000-10B and Variance 2001-01B to construct a tennis court and a Variance to exceed impervious coverage for property at 16390 Las Cumbres Drive.
RECOMMENDATION: ADOPT RESOLUTION No. 02-01
A motion was offered by Councilmember Borrowe, which was seconded by Councilmember Millsap to adopt Resolution No. 02-01 denying the project. The motion was approved as follows:
AYES: Borrowe, Klein, and Millsap
NOES: Carroll and Engelhardt
ABSENT: None
8c. REQUEST TO FILE NOTICE OF COMPLETION
A recommendation of acceptance of work performed by R. J. Noble Company and authorization to file Notice of Completion for the reconstruction of Hacienda Road.
RECOMMENDATION: AUTHORIZE TO FILE NOTICE
Discussion ensued regarding the installation of petromat from Reposado Drive to East Road. City Engineer Milano reported a problem during roadway construction in that some of the petromat was found to have lifted away from the roadway. The situation was pointed out to the contractor with pictures that had been taken by a concerned resident, and the contractor corrected the problem.
The City Engineer continued that since the petromat repair was done without reconstructing the entire roadway (Reposado to East Road), concerns arose as to whether or not the repairs will hold. It was the Public Work's Chairperson's opinion that if the asphalt delaminates due problems with the petromat, potholes will appear within 1½ years. Based on the City Engineer's estimated cost to redo the noted roadway, the contractor has provided the City with a $74,000 three-year guaranty bond for Hacienda from Reposado to East Road.
Discussion ensued regarding broken bot-dots debris remaining at Canada Sombre up to Skyline Drive. The City Engineer was directed to talk to the contractor regarding picking up the left-over broken bot-dots.
Concerning grounded asphalt next to the roadway, discussion ensued regarding asphalt chips that had fallen into the nearby blue-line stream. City Engineer Milano indicated that the roadway's shoulder needs to be reconstructed where the streambed is too close to the edge of the roadway.
Mayor Engelhardt asked the City Engineer to do a project funds analysis reporting on the City's various construction projects; i.e. funds designated for the Hacienda/East Road traffic signal, remaining funds in Assessment District I, etc.
A motion was offered by Councilmember Borrowe, which was seconded by Mayor Pro Tem Carroll authorizing staff to the file Notice of Completion and to withhold $2,000 retention funds until all bot-dots have been picked up to the satisfaction of the Public Works Committee. The motion was approved as follows.
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
8f. LA HABRA HEIGHTS FIRE DEPARTMENT TO PROVIDE ADMINISTRATIVE SUPPORT SERVICES TO THE EMERALD BAY SERVICE DISTRICT
In an effort to expand the fire protection element of District's Incorporation Charter, the La Habra Heights Fire Department requests Council's authorization to assist the Service District with developing plans and reports for its presentation to LAFCO.
RECOMMENDATION: AUTHORIZE SUPPORT OF SERVICES
Fire Chief Nelson presented the staff report stating that Emerald Bay Service District (an unincorporated area north of Laguna Beach) requests assistance from the La Habra Heights Fire Department for administrative services. The District would like to expand its volunteer fire program and will be filing a LAFCO application. The Chief opined that our assistance was requested due to the similarities between the City and the District--a volunteer fire department, affluent community, narrow streets and mountain roads. Administrative services will involve developing plans and reports for the LAFCO presentation. The City will be reimbursed based on time-and-material costs.
Regarding liability issues, City Attorney Colantuono indicated that protection under the California Government Code for approval and issuance of permits and licenses should extend to a LAFCO application of this type. Additionally, the City may request the Emerald Bay Service District to provide a letter stating the District will defend and indemnify the City against certain liability issues.
Following continued discussion, the Council asked that the City Attorney write a contractual cancellation clause for La Habra Heights.
Regarding the Chief's involvement, Fire Chief Nelson indicated that this project would not cause him to be away a great deal since much of the administrative work will be done onsite in La Habra Heights. He continued stating several staff members are capable of taking over the project, and he would not hesitate to call on them if the job becomes too burdensome and/or takes up too much of his time.
The City Manager and City Attorney were asked for their opinion on this matter. Interim City Manager Diaz recommended approval indicating that he does not anticipate unforeseen issues or problems that cannot be worked out. City Attorney Colantuono responded that the City's liability is minimal; the Department will recoup expenses; and that this does not appear to pose any political problems since the county closed its fire station and has withdrawn from the area. Services provided are basically on a volunteer basis, and there seems to be no potential for union politics.
A motion was offered by Councilmember Borrow, which was seconded by Mayor Pro Tem Carroll to approve staff's recommendation to authorize support services. Said authorization includes an indemnity letter and a contractual cancellation clause. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE 2000-2005 HOUSING ELEMENT OF THE GENERAL PLAN OF THE CITY OF LA HABRA HEIGHTS AND AN ASSOCIATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Planning Director Brady presented the staff report for the update of the City's 2000 through 2005 Housing Element stating that the document update was prepared by Cotton/Bridges Associates; reviewed environmentally; and a negative declaration was issued in accordance with CEQA.
Karen Warner of Cotton/Bridges/Associates provided an overview of the Housing Element. The updated Element reflects directions given last May by the City Council and Planning Commission. The State Department of Housing and Community Development reviewed the Housing Element, and the State's letter indicates that in their opinion the City's Housing Element has not complied with the statutes (comments are advisory). The City may either revise the Element to address the State's concerns, or adopt findings to self-certify the Element. Based on directions received from the joint Council/Commission study session, Cotton/Bridges has chosen to adopt findings to self-certify the Element and document why they believe the Element complies with the State's statutes due the City's unique environmental and infrastructure constraints.
General discussion followed the presentation. The Planning Director was asked to clarify how the Planning Commission's suggestions are reflected in the proposed Resolution. She responded that Cotton/Bridges did an addendum and if this evening's Resolution is adopted, it will be with the suggested changes. Regarding language to advertise the City's program in the Heights Life, Mayor Engelhardt suggested to broaden the scope of advertisement by changing to read: "any local newsletter."
A motion was offered by Mayor Engelhardt, which was
seconded by Mayor Pro Tem Carroll to adopt Resolution No. 02-02 approving the
Housing Element with changes recommended by the Planning Commission with the
exception of replacing "Heights Life" with "local
newsletters or newspapers." The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
10. APPOINTMENT TO THE PUENTE HILLS LANDFILL NATIVE HABITAT PRESERVATION AUTHORITY - ADVISORY COMMITTEE
Continued from the December 10, 2001 Council meeting.
A motion was offered by Councilmember Klein which was seconded by Councilmember Borrowe to move this item to the February 14, 2002 Council meeting. Staff was directed to advertise for Committee Members for the Landfill Native Habitat Preservation Authority/Advisory Committee and the La Habra Heights Emergency Preparedness Committee. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
11. BUILDING AND GRADING PERMIT AND CONSTRUCTION PROCESS
City Manager Diaz reported that staff will be meeting regarding this item to discuss changes to the Ordinance and administrative procedures and will report back in February.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Borrowe to continue this item to the February 14, 2002 Council meeting. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
12. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS IMPOSING A TEMPORARY MORATORIUM ON THE APPROVAL OF SPECIFIC PLANS FOR THE DEVELOPMENT OF LOTS IN THE RESIDENTIAL-AGRICULTURAL (R-A) ZONE SUFFICIENTLY LARGE TO REQUIRE A SPECIFIC PLAN PURSUANT TO SECTION 9414.1 OF THE LA HABRA HEIGHTS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF
Discussion ensued regarding the intent of the proposed ordinance. Mayor Engelhardt commented that a moratorium for public lands is not mentioned in the draft presented. City Attorney Colantuono responded that he would not advise the Council to impose a moratorium on government property, held by a government, for government purposes--noting the Councils authority to regulate such situations is limited. Mayor Engelhardt opined that including government land building restrictions would be better than to have no mention of the regulation since the City also has the option to take no action. In light of this approach, City Attorney Colantuono said it would be better to reference specific parcels than to identify land-use categories.
Councilmember Engelhardt indicated she would like to see this filled out more noting that ecological impacts should be addressed. Anything that would require specific plans should be included. Instead of limiting this to the development of large parcels, also include non-residential development dealing with the public for governmental lands.
Mayor Pro Tem Carroll suggested regarding narrowly-drawn language dealing with the public for governmental lands, it would be helpful if the properties are identified by parcel numbers.
The City Attorney suggested that GPAC review this and that he attend the GPAC meeting to consult with the Committee so that the Council will receive a more focused recommendation as to what the scope of the moratorium needs to be. He agreed with Mayor Pro Tem Carroll to the suggestion that properties discussed be identified by parcel numbers.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Klein to continue this item to the February 14, 2002 meeting. City Attorney Coluntuono was requested to attend the GPAC meeting during the Committee's deliberation of this item. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
13. AUTHORIZATION TO GO OUT TO BID FOR DISCING AND HANDWORK WEED ABATEMENT SERVICES
Council did not object to Chief's suggestion that the requirement to post a bond may be waived following the completion of the bid process.
A motion was offered by Mayor Pro Tem Carroll, which was seconded by Councilmember Millsap authorizing staff to proceed with the weed abatement bids. The motion was approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein, and Millsap
NOES: None
ABSENT: None
For clarification it was noted that said bids include the requirement for performance and bid bonds.
ADMINISTRATIVE REPORTS
14. CITY MANAGERŐS REPORT
15. CITY ATTORNEYŐS REPORT
16. CITY ENGINEERŐS REPORT
á Update regarding drainage improvements on El Cajonita Drive.
(See notation under Presentations - page 1.)
17. FIRE CHIEFŐS REPORT
18. SHERIFF'S DEPARTMENT REPORT
19. COMMISSION/COMMITTEE REPORTS
Bruce Douglas reported that GPAC has an extensive January 14, 2002 agenda allowing little time to discuss the building moratorium, but the Committee will note the properties that should be addressed.
The Mayor suggested the Committee at its January 14, 202 meeting, note questions they would like the City Attorney to address at GPAC's special meeting of January 28, 2002.
CITY COUNCIL COMMENTS
Councilmember Borrowe suggested the City Council review the City's major contractors.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Engelhardt adjourned the City Council meeting at 10:05 p.m.
ATTEST:
___________________________
Interim City Clerk Diaz