Minutes of March 13, 2003
Regular City Council Meeting
Page 1
CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
MARCH 13, 2003
OPENING CEREMONIES
1. CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor
Millsap at 7:30 P.M. on Thursday, March 13, 2003, at the Community Center, 1245
Hacienda Road, La Habra Heights.
2. ROLL CALL
Present were Councilmembers Carroll, Engelhardt, Klein, Mayor Millsap and Mayor
Pro Tem Borrowe. Also present were City Manager Hendrickson, City Attorney
Colantuono, Senior Management Analyst Orchanian, Planning Director Brady, Deputy
City Engineer Lang, Fire Chief Nielsen, and LASD Lieutenant Ault.
3. FLAG SALUTE
Michael Jacobson, from scout troop 975 working on a Citizenship award, led the flag
salute.
4. PRESENTATION
Kathy Sauble, Emergency Preparedness Committee Chairperson, reported that a
young man was working on his Eagle project, called Wheels for Humanity. This is a
project for people who have mobility problems in underdeveloped countries. He is
collecting such items as wheelchairs, walkers, crutches or scooters, working or not.
Phone number, (562)-945-5499. She reminded residents to have their addresses
posted so they may be easily seen in emergencies, and also to update the assistant
evacuation forms at City Hall. Ms. Sauble noted that the Emergency Preparedness
Committee would have a booth at the Avocado Festival on May 17, 2003. She stated
that teams of people are needed to respond in disasters and they can sign up for
such service at City Hall.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Tom Minich, Hidden Lane, stated that he lived adjacent to 190 Olinda and expressed
his discomfort with the development there. He explained that he was very concerned
Minutes of March 13, 2003
Regular City Council Meeting
Page 2
about storm runoff affecting his property. He felt that something needs to be done to
prevent this during possible 50-year rains. He also was concerned that the seepage
pit may be too small and will overflow onto his property.
Deputy Engineer Lang stated that he and the City Manager have gone out to the site
and looked over the situation. They have also checked the approved plans. He
explained that the seepage pit was calculated to hold a 50-year storm and anything
over a 50-year storm would go over the curb and run down the street. He felt that the
plans were adequate and when finished and landscaped would not cause any
problem for adjacent properties. He also explained that a berm was on the plan at
the south of the property to keep any overflow guided to the street. He stated that he
would ask the developer if he would continue a pipe all the way to the seepage pit for
the main water flow.
The City Manager felt that the developer would work with them, but if not it was
possible he could be required to correct the problem.
The City Attorney explained that the City should try to get as much protection for
downhill owners as is reasonable. If a plan is defective, it can be adjusted.
Councilmember Klein stated that his concern was that if the water was directed to a
certain area and it overflows, there should be a provision to direct the flow by a
channel so it will not go into someoneÕs yard. He asked the Deputy City Engineer and
the City Manager to look at the area and come up with a solution.
The City Attorney commented on the time taken on a subject not on the agenda.
City Manager Hendrickson noted that it possibly could be handled administratively or
it might have to come back as an agendized item.
Bob Karman made some suggestions to the City Council for the review process of the
General Plan update. He noted that explanations of terms are very important. The
education of the Public avoids misunderstandings.
Bruce Douglas, newly elected City Council member, thanked Councilmember
Engelhardt for her long, loyal service for the Community.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – February 2003
The February warrants in the amount of $483,550.16 were approved unanimously.
6. TREASURER'S REPORT – January 31, 2003
Minutes of March 13, 2003
Regular City Council Meeting
Page 3
The TreasurerÕs report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to RKA/Transtech Civil Engineers
á Payments to City Attorney
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
RECOMMENDATION – Receive and file.
The TreasurerÕs Report was approved unanimously.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special Meeting of the City Council
October 20, 2002 and of a Regular City Council
Meeting, February 13, 2003.
Mayor Pro Tem Borrow commented on the October 20, 2002 Minutes, page two, last
paragraph which mentions that Transtech intends to bring in a computer to the
Planning Office. He asked if this had been done.
Deputy Engineer Lang stated that he would find out and make sure it is done.
Mayor Millsap, in the minutes of October 30, 2003 corrected the word ÒCounselÓ to
ÒCouncilÓ on page two, first paragraph, next to the last sentence.
Mayor Pro Tem Borrowe offered a motion to approve the October 30, 2002 minutes
as amended and the February 13, 2003 minutes as presented, seconded by
Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
8. It is recommended that Item 8a be acted upon by one motion of the City Council
unless separate discussion and/or action is requested by a Councilmember or a
member of the audience.
Minutes of March 13, 2003
Regular City Council Meeting
Page 4
8a. HEIGHTS CHRISTIAN SCHOOL PROJECT
Status report for Heights Christian School
There being no objection, the Heights Christian School report was deemed received
and filed.
PUBLIC HEARINGS
9. 2003 WEED ABATEMENT PROGRAM
A public hearing to receive and consider property ownerÕs comments relating to the
2003 Weed Abatement Program for the proposed removal of weeds on unimproved
and improved parcels. The City of La Habra Heights Fire Department administers the
program.
RECOMMENDATION: Direct staff to proceed with removal of the weeds on the
unimproved and improved parcels.
Mayor Millsap opened the Public Hearing.
City Attorney Colantuono explained that this was the annual Resolution by which the
City Council is presented with a list of the owners who have been invited to clear the
weeds on their property and have failed to do so. Approval of this list authorizes Staff
to arrange to clear the weeds and to lien the property for the cost of doing so.
City Manager Hendrickson affirmed that the notices have been posted.
Fire Chief Nielsen noted that he had received no comments or questions.
The Public Hearing was closed on this item, as there was no public testimony.
Councilmember Engelhardt offered a motion to direct Staff to proceed with the
removal of the weeds on the improved and unimproved parcels, seconded by
Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
10. CONDITIONAL USE PERMIT (CUP) 2002-03 & STANDARDS MODIFICATION
(SM) 2002-13 – RAMIREZ
An application filed by applicant, Mr. Ramirez, for a CUP to exceed the 1,000 cubic
yards of solid fill materials grading limitation and a SM to exceed the 500 square foot
Minutes of March 13, 2003
Regular City Council Meeting
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building area and 16 feet in height limitation for the construction of a residential
dwelling located at 156 East Road.
RECOMMENDATION: Adopt Resolution No. 03-09 approving Conditional
Use Permit No. 2002-03 and Standards Modification
No. 2002-13.
RESOLUTION NO. 03-09 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT
2002-03 AND STANDARDS MODIFICATION 2002-13
Mayor Millsap opened the Public Hearing.
Planning Director Brady stated that the applicant was not present at the meeting but
has informed her that he agrees with the Staff and Planning Commissions resolution
and conditions of approval.
City Manager Hendrickson confirmed that the notices have been posted.
There was no public testimony for this item.
Planning Director Brady presented a staff report stating that the property was at 156
East Road. The applicant is seeking a Standards Modification for view preservation to
exceed the 500 square foot building area and 16 feet in height limitation and a
Conditional Use Permit to exceed the 1,000 cubic yards of solid fill materials grading
limitation. This is a .92 acre parcel. Approximately 2,252 cubic yards of import fill is
proposed. The applicant is proposing a 4,059 square foot development. Staff
believes the findings can be made in support of the Standards Modification for View
Preservation along with the CUP. The Planning Commission did recommend
approval at their February 25, 2003 meeting subject to a list of conditions. The
project has been reviewed environmentally and a categorical exemption has been
issued.
Mayor Pro Tem Borrowe asked, pertaining to the resolution on page 4, condition 12,
how the Engineer would be able to know what the condition of the street is in advance
of the trucking work to determine the condition after the trucking.
Deputy City Engineer Lang explained that it was difficult. They can look for any
cracking on the edge of the pavement. Pictures of the area of their route can be
taken and staff should check the areas frequently and at the end of the work calculate
any damage cost.
City Manager Hendrickson explained that in the past they have video taped before
and after work is finished. Sometimes the damage does not show up until later. He
stated that he and Mr. Lang would work out a proposal to present to the Council in a
month or two to see if they want to change how they evaluate this damage.
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Regular City Council Meeting
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Councilmember Carroll suggested a fee for amount of dirt hauled rather than weight
of material.
City Attorney Colantuono stated that it might be possible, but it would have to be by
an ordinance rather than a condition of a particular project.
Mayor Millsap asked how a bond for road damage would be determined.
Deputy City Engineer Lang explained that it would depend on the length of the road
traveled plus the known damage that occurs where the truck enters the project. The
bond is only 10% of whatever it possibly could be unless there is damage.
Councilmember Engelhardt asked how they were sure the natural drainage was not
being interfered with on the project. She questioned why there was not a condition
concerning the blue line stream.
City Attorney Colantuono explained that these concerns are usually addressed at the
grading and building permit process.
Planning Director Brady stated that there was not a condition mentioning the blue line
stream because the construction was far enough away to not consider it a problem.
She also stated that the grading and storm drainage improvements would be covered
by conditions 6 and 7. Ms. Brady stated that if the Council wanted to add a condition
pertaining to the blue line stream it could be done.
Mayor Millsap closed the Public Hearing.
Councilmember Engelhardt offered a motion to approve Resolution No. 03-09 with
the condition stating that Òthere shall be no grading within the blue line stream bed on
the site without the issuance of a streambed alteration permit from the Department of
Fish and GameÓ, seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Engelhardt, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein expressed his concern that there be a condition about a new
County ordinance that the drainage have an on-site catch basin.
Planning Director Brady stated that this was covered by condition 15.
Councilmember Engelhardt noted that Fire Zone 4 covered this property. She asked
if the applicant was aware of that.
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Regular City Council Meeting
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Deputy City Engineer answered in the affirmative and stated that the Engineering
Department would red stamp the plan stating ÒFire Zone 4, one hour fire rated
materials only.Ó
OLD BUSINESS
11. THE PARK TOT-LOT GROUND COVER/RESURFACING
Senior Management Analyst Orchanian reported on her discussion with Cindy
Brabow of Pacific Design Concept as directed by the City Council at the last Council
meeting of February 13, 2003. Ms. Orchanian stated that Ms Brabow indicated that
she was not recommending wood chips versus pour-in-place. She also indicated that
either one would be fine and would be up to the City. Ms Orchanian explained that
with further research she could not find a number for injuries on wood chips versus
pour-in-place. It seemed to depend more on the depth of the material used. The
material has to be resilient. The Senior Management Analyst explained to the City
Council that the tile type of pour-in-place material can be more difficult to clean and
gum can be a problem, but the type of pour-in-place being considered would be easy
to hose off.
City Manager Hendrickson noted that a maintenance program was needed and in the
long run it seemed the pour-in-place would be the more economical.
Mayor Pro Tem Borrowe asked the City Attorney if it was practical to place a ÒUse at
Your Own RiskÓ sign at the Tot Lot.
City Attorney Colantuono noted that it could not hurt, but probably would not help
much.
The Senior Management Analyst stated that the specs are ready and the notices
have been placed in the Green Sheet. Some contractors have called and asked for
specs. March 27 is the bid opening date. On April 10, the next Council Meeting, Staff
will ask for the Council to award the contract.
The City Manager explained that they should at least have the ground cover for the
Tot Lot in before the May 17th Avocado Festival.
Councilmember Klein offered a motion to receive and file, seconded by
Councilmember Carroll , and approved unanimously.
NEW BUSINESS
12. DISCUSSION – GENERAL PLAN UPDATE: SCHEDULE FOR CITY COUNCIL
Minutes of March 13, 2003
Regular City Council Meeting
Page 8
After discussion, the City Council by tentative consensus, agreed to hold special
meetings on May 1, May 15, May 29, and June 19; also June 26, if needed. Bruce
Douglas needs to be checked with for these dates. Regular meetings will be May 8
and June 12.
ADMINISTRATIVE REPORTS
13. CITY MANAGER'S REPORT
City Manager Hendrickson announced that the City needs to fill volunteer positions on
the Planning Commission, Parks and Recreation Commission, Public Works and
Budget Committee. Applications should be turned in to City Hall by the end of the
month.
Mr. Hendrickson also noted that there were a number of hits on the City web site
pertaining to an incident in La Habra at Whittier and Macy. He answered several of
the hits and directed them to La Habra.
Wednesday March 19, LA County Animal Control will be in the City to check on dog
licenses.
14. CITY ATTORNEY'S REPORT
The City Attorney explained that he had held a meeting in his office with several cities
to talk to them about joining together to share the cost of monitoring the progress of
the six law suits challenging the Storm Water Permit. He noted that they had good
success in interesting a group of cities in forming a coalition to monitor the case. He
stated that at the next City Council meeting he would bring back a formal proposal for
La Habra Heights to join the coalition and how much it would cost.
15. PLANNING DIRECTOR'S REPORT
Planning Director Brady reported that the Planning CommissionÕs last meeting on the
General Plan would be on Tuesday, March 18 with deliberations and their
recommendation to the City Council.
16. CITY ENGINEER'S REPORT
1. Hacienda Road Traffic Safety Plans
Deputy City Engineer Lang reported that they have a preliminary plan for the
Hacienda Road safety project, which consists of reducing the present lane
width to eleven feet. The plan shows raised buttons along the road edge. This
will leave approximately a four-foot space for bicycles or a person to walk.
This should slow down and calm traffic.
Minutes of March 13, 2003
Regular City Council Meeting
Page 9
Councilmember Klein mentioned a letter he received that mentions a problem
at the corner of West Road and Hacienda Road, stating that if the cars turning
missed the loop to trigger the green light, they could sit there for a long time.
They would have to wait for it to get triggered by someone else. The writer
suggested painting a white stripe to channel cars over the loop.
Deputy City Engineer Lang agreed that this should be done.
Councilmember Engelhardt asked that a shield be placed over the northbound
traffic light to direct it down so it would not glare all over the valley.
Deputy City Engineer Lang agreed to look into this.
17. FIRE CHIEF'S REPORT
Fire Chief Nielsen noted that anyone who has a question on the weed abatement
notice feel free to call or come to the Fire Department. Chief Nielsen explained that
no one would have his or her property cleared by the City without contact. They have
also instituted third party notices if needed, so if residents are gone or incapacitated
someone will be notified. He also noted that the next Academy graduation would be
on Saturday, March 29, 2003 at 10:00 A.M.
Councilmember Klein stated that this was the same day the riding ring will open.
Mayor Millsap stated that the dedication was at 9:30 A.M.
Fire Chief Nielsen stated that either he or Fire Marshal Powderly would be at the
horse ring dedication. He also noted that on March 23 the cadets would be down by
Anaheim Stadium for a live burn. It will be an all day demonstration.
18. SHERIFF'S DEPARTMENT REPORT
Lieutenant Ault, SheriffÕs Department, reminded residents to watch their speed in La
Habra Heights. They will be enforcing the posted speeds.
19 COMMISSION/COMMITTEE REPORTS
No reports.
CITY COUN
CIL COMMENTS
No comments.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE
AGENDA
Minutes of March 13, 2003
Regular City Council Meeting
Page 10
No comments.
ADJOURNMENT
Councilmember Engelhardt moved to adjourn the City Council meeting at 9:08 P.M.
to Wednesday, March 19, 2003 for a Special City Council Meeting to certify the
election, swear in Councilmember elect Douglas, Councilmember Klein and bid
goodbye to Councilmember Engelhardt. Seconded by Mayor Pro Tem Borrowe.
Unanimously approved.
ATTEST:
_____________________________
CITY CLERK, HENDRICKSON