CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
OCTOBER 9, 2003
1. CALL MEETING TO ORDER
Mayor Carroll called a regular meeting of the La Habra Heights City Council to order on Thursday, October 9, 2003 at 7:38 P.M., at the Community Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members present were: Mayor Carroll, Councilmembers Douglas, Klein and Millsap. Absent: Mayor Pro Tem Borrowe. Also present were City Manager Hendrickson, City Attorney Colantuono, City Engineer Melicher, Deputy City Engineer Lang, Interim Community Development Director Massa-Levitt, Planning Consultant Persico, Fire Chief Nielsen and Sheriff Lieutenant Ault.
3. FLAG SALUTE
Marsha Coolidge led the flag salute per the request of Mayor Carroll.
4. PRESENTATION
Senator Bob Margett will provide an update on the Senate Session.
Senator Margett remarked that for a small city, La Habra Heights does a great job for their residents. Senator Margett commented that because of the state deficit the Legislature has had to cut funding for cities in the budget. He was happy to see that due to the skills of the City Manager and the City Council this City has been able to take care of the services needed. He told the Council that his office would help them in any way possible.
Senator Margett presented Mayor Carroll a Certificate of Recognition for La Habra Heights 25 years of incorporation.
Mayor Carroll pointed out to Senator Margett that if we do not get the VLF or a backfill we will lose about 17% of the City budget. This could impact law enforcement in La Habra Heights.
Senator Margett explained that it was very important to replace that income. He stated that he did not vote for that State budget and would continue to work on it.
Kathy Sauble, Emergency Preparedness Chairperson, gave a brief report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Ms. Sauble explained that the Emergency Preparedness theme for this month is Fire Safety and Fire Prevention. She noted that the City website can link to the Red Cross site to access information on Fire Safety and Prevention.
Marsha Coolidge, representing the Public Works Committee, updated the Council on their September 15, 2003 meeting. Alan Boege had asked if speed limit stencils could be painted on the street rather than placed on signs. The Engineer agreed to see if this was feasible. Mr. Boege also noted a speed limit conflict on West Road. One sign posts 35 miles per hour and about 100 yards further a sign posts 30 miles per hour. The Engineer agreed to check on this and report back to the Committee. Mr. Boege cited a pothole at Coban and East Road. Ms. Coolidge noted that this was already on their repair list. Ms. Coolidge stated that the Committee has prepared an emergency list of repairs and turned it over to the Engineer for action. The Committee discussed Capital Improvement projects, the Hacienda Rd. storm drain between Reposado and The Park, major asphalt repairs on Las Palomas, Solejar north and south of West Rd., Encanada at The Park and Coban north of Kashlan. The Engineer is developing plans and specifications for maintenance projects for 2003-04. They are scheduled for Committee review in February of 2004, scheduled for Council consideration in March, bid in April, award in May and proceed in June 2004. This would be weed spray, crack filling, asphalt repairs and slurry seal.
Ms. Coolidge explained that the Water District has a five-year plan for repairs they plan to complete which will affect the roads. The City needs to co-ordinate with them so they can do their work ahead of ours. When our slurry seal is completed the Water District may not cut into the street for five years except for emergency repairs. The Committee feels the Water District should get a no fee encroachment permit when they are cutting into our streets. This will let the Engineer be aware of Water District work that is being done on our streets and make inspection possible.
Ms. Coolidge stated that tree and brush clearing is a major concern of the Committee. She stated that the Committee would like to see a letter go out to all residents asking them to trim all vegetation back to their property line and up fifteen (15) feet. She noted that the Engineer stated he would like to wait till next year when he has a global positioning system which would enable him to send letters to specific properties.
Ms. Coolidge spoke in favor of the Hacienda Road restriping project and noted that recent newspaper reports were incorrect in saying that we are cutting off two feet of the sides of the road. She also spoke in favor of the raised markers on the edge of the road.
No one wished to speak at this time.
5. APPROVAL OF WARRANTS – SEPTEMBER 2003
Councilmember Klein offered a motion to approve the September 2003 Warrants in the amount of $275,390.31. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
6. TREASURERÕS REPORT – AUGUST 31, 2003
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
Councilmember Millsap offered a motion to receive and file the TreasurerÕs Report for August 31, 2003. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
7. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City Council of December 12, 2002, Special Meeting of August 14, 2003, and Regular Meeting of September 11, 2003.
City Attorney Colantuono noted that the Fire Chief was in attendance at the December 12, 2002 meeting and should be noted in the minutes.
Councilmember Klein offered a motion to approve the minutes of December 12, 2002 meeting as amended, the Cancelled meeting of August 14, 2003 and the meeting of September 11, 2003. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSTAIN: Douglas abstained regarding the December 12, 2002 minutes
ABSENT: Borrowe
8. It is recommended that Item 8.a. be acted upon by one motion of the City Council unless separate discussion is requested.
8.a. September 2003 Status Report for Heights Christian School.
RECOMMENDATION: Receive and File
Councilmember Klein offered a motion to receive and file the Heights Christian School report. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
9. CONDITIONAL USE PERMIT NO. 2003-01 – 707 DOROTHEA ROAD
A Conditional Use Permit to exceed the 1,000 cubic yards of solid fill materials grading limitation for construction of a residential dwelling for the property located at 707 Dorothea Road. Mr. Jack Sussoev, is the owner of this property.
RECOMMENDATION: Adopt Resolution No. 03-30 denying Conditional Use Permit 2003-01.
RESOLUTION NO. 03-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DENYING CONDITIONAL USE PERMIT 2003-01.
Interim Community Development Director Massa-Levitt presented the Staff Report. Ms. Massa-Levitt explained that the original application was for a Standards Modification. The applicant indicated that they would be moving no more than 500 cubic yards of soil and the retaining walls would be within the ordinance limitations. Some time later it became apparent that much more than the allowed 500 cubic yards of soil had been brought in and the retaining wall in the side yard was higher than allowed. The applicant was required to apply for a CUP for the excess soil, which has been estimated between 1500 and 2000 cubic yards. On July 28 and February 4 there were Òstop workÓ orders issued. The soil waiting to be off loaded at that time was not off loaded. After many tries to obtain information from the applicant that could remedy the situation, on September 23, 2003, the Planning Commission denied the CUP for the excess soil and the retaining wall. On September 25, 2003, staff met with the applicant and were assured that they would have all the necessary information available in short order.
At the meeting on September 25, the Geotechnical Engineer stated that he was unable to certify the wall due to lack of continuous inspections during construction, however he could certify the compaction of the soil.
The applicant was to provide dump receipts. Ms. Massa-Levitt stated that she found they were already in the file.
The applicant was to provide a topographic map of the original site. This would be used to calculate the accuracy of the quantity of the fill material moved or transported to the site. Ms. Massa-Levitt stated that this has not been done.
A wet weather plan to avoid soil erosion during rainy season was requested by October 1, 2003. The applicant sent a revised plan dated October 7, 2003. We sent the applicant a letter telling them what was required for the landscaping they were to provide. He was informed that the hay bales designed for erosion are not acceptable and the landscaping that they label as Òmajor vegetationÓ on the site plan submitted did not adequately describe the type of vegetation they would be planting to help with erosion control.
The Planning Commission denied the project as it was in violation of General Plan policies and the CityÕs Grading Development standards. Ms. Massa-Levitt concluded that the applicant has failed to provided the information requested and staff recommends that the City Council adopt Resolution No. 03-30 denying Conditional Use Permit No. 2003-01, located at 707 Dorothea Road.
Councilmember Douglas asked why this item had come to the City Council when it is not an appeal.
City Attorney Colantuono answered that the City has an Ordinance which treats CUPÕs in a different way. The Planning CommissionÕs decision is advisory and the decision is made by the City Council. He stated that the Ordinance can be changed if desired.
Councilmember Douglas noted his opinion that this amounted to a free appeal.
Mayor Carroll opened the meeting for Public Comment.
Omar Siddiqui, Attorney representing the owner, introduced Attorney Ulwelling from his office.
Attorney Ulwelling, representing the owner Mr. Sussoev, spoke in favor of the City Council granting the CUP. He mentioned that there had been a lack of communication between the parties. Mr. Ulwelling mentioned his difference of opinion regarding meaning of Òsolid FillÓ used in the CUP. He stated that they have a report from Southwest Engineering which states that the total amount of soil imported after compaction is 900 cubic yards. He also explained that the applicant was not importing dirt to raise the pad, but to create a larger pad.
Attorney Siddiqui addressed the ICBO (Keystone) wall. He was of the opinion that there were ways the integrity could be checked and they would be willing to work with the City on this.
Natasha Bagdanoff, sister of the owner, felt that they had provided information needed to show the wall had been inspected as it was built and she hoped they could work with the Interim Community Development Director on this. She felt the only problem to solve was the excess dirt brought in.
Michael Bagwell, Dorothea Road, read the CityÕs definition of Òsolid fillÓ. He stated that he did not agree with the amount of dump receipts that were turned in to the City. He felt there were more. He spoke against granting the CUP.
Jerry Shipman, Dorothea Road, spoke of the illegal acts and the dangers created by the wall and the drainage of the property. He asked that the CUP be denied.
Katie Martin spoke against the wall and the drainage onto Cypress and Dorothea. She asked that the CUP not be granted.
Nancy Acocks noted that there had been hundreds of truckloads of dirt that came to 707 Dorothea Road. The dirt loads started in late December and continued for 17 days in January. She stated that she and her husband counted 100 trucks on January 24, 2003. She stated that the applicants trip tickets only show 19 trucks on that day.
Alan Boege, Cypress Street, stated that better communication between Mr. Sussoev and the neighbors would have been good. He felt that addressing the safety of the wall was very important.
Attorney Ulwelling noted that the Keystone wall would eventually be covered by planting which would cover any presumed ugliness. He stated that they had hired an Engineer to supervise the construction of the wall and approve the wall. We have no evidence that the wall is not properly built and is dangerous. Also they are working on a new plan for erosion control. Mr. Ulwelling stated that he found it hard to believe that 100 trucks could make it to the property in one day. He asked that if the City Council denies the CUP, they deny it without prejudice.
Michael Bagwell, Dorothea Road, noted that there were several letters in the file that estimated there was 4500 cubic yards of dirt imported. He stated that the wall on the approved plan is not 21.6 feet, but somewhat lower than that.
Karen Sauers, Cypress Street, spoke of the great number of dirt trucks that kept coming to the property during the period of import.
Jerry Shipman stated that there has never been proof that the wall was built in the manner that is required for that type of wall.
Mayor Carroll closed the Public Comment.
Councilmember Douglas stated that he lives on Dorothea Road and experienced the pile up of trucks for what seemed to be longer than four days. He felt according to his estimates there were more than 2000 cubic yards brought in and that it was a fact that the drainage course was changed dumping dirt and mud onto Dorothea. He felt that the Grading Ordinance may have to be cleaned up to make it clear that it means 1000 cubic yards gross, not compacted. He noted that he saw no reason to overturn the decision the Planning Commission has made.
` Councilmember Klein noted that the applicant has been asked for a $10,000 deposit which he has not paid and that he owes the City $2,250. Mr. Klein stated that he thought there was a policy that if applicants were not current on their deposit we do not go forward on their project.
City Attorney Colantuono stated that the reason for continuing to work with the applicant was that this is an Òafter the fact applicationÓ and they need to be persuaded to fix a site that is at the least an eyesore due to the wall.
Councilmember Klein stated that in his opinion they need to resolve the safety issue and then stop.
Councilmember Klein asked staff if this had been a normal grading, would there be anyone out there monitoring the number of trucks; also someone looking at the footings for the wall and would there have been someone from the City watching the wall being constructed? Would there have been a Deputy Inspector watching the compacting and a paper trail created of all of this? If it is the norm, do we have these things by anybody? He questioned whether the City or its Engineer would be willing to sign off on these items if accomplished.
Ms. Massa-Levitt answered that the short answer to each item would be yes. She stated that they do have a soils report from a registered Engineer in the file that states that the soil was compacted correctly.
Craig Melicher, City Engineer, stated that there are two issues regarding the wall. The first is soil compaction and then continuous special inspection by somebody who makes sure that the geogrid fabric was laid out and pinned properly. We have no reports from anyone about how the geogrid fabric was installed. The soils Engineer stated that he would not accept responsibility for the fabric being installed properly. The special Inspector is required to be hired by the owner, not the contractor. He has to be approved by the Engineer of record first, then approved by the City Building Department. This was not done.
City Attorney Colantuono stated that the City has no liability if the wall falls down.
Mr. Melicher agreed with Councilmember Klein that the only way the question about the wall construction can be settled is to tear it down and do it again correctly.
Councilmember Millsap stated that the approved plan was for 500 cubic yards and she did not see how even 1500 or 1800 cubic yards compacted down could cause the elevation to be as high as it is. She asked if the soil compaction had been done properly.
The City Engineer stated that it had, as the Field EngineerÕs report certifies.
Councilmember Millsap asked if the wall had been built properly for drainage.
City Engineer Melicher stated that this type of wall is built so that it would be impossible for the wall to retain water.
Mayor Carroll asked Ms. Massa-Levitt to recount the questions which have been raised and the requests that have been made and have not been answered by the applicant.
Ms. Massa-Levitt stated that the main item was to provide certification on the proper construction of the wall and the proper placement of the geogrid material. She stated that there were seven (7) items that had been asked for repeatedly. She stated that the applicant has been notified that he has till October 15, 2003 to complete the construction of the erosion control devices. So far they do not have an approved plan. The letter about this was written to them on September 22, 2003. Another issue is that the wall height in the side yard setback is higher than that shown on the grading plan.
Councilmember Millsap stated that she was concerned with the safety of the wall.
Councilmember Douglas stated that the safety issue of the wall is very important and the safety of Cypress Street where it is undercut. He stated that it violates the General Plan as it is and in his opinion the Council should support the decision of the Planning Commission to deny the CUP.
Mayor Carroll noted that the applicant not only ignored the CityÕs wishes but the neighbors wellbeing was not considered.
Councilmember Klein noted that if the applicant does not have an approved erosion plan in place by October 15, 2003, the City will have to resolve the issue at the applicants expense. Staff needs direction on these items. We need to insure the safety of Cypress.
City Manager Hendrickson explained that they intend to enforce codes on that development and the original requirements as planned.
The City Attorney stated that he did not think Staff needs any further direction respecting the erosion control. The City Engineer and the City Manager can consult about the Cypress Street issue.
Councilmember Douglas offered a motion to adopt Resolution No. 03-30 denying Conditional Use Permit 2003-01. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
The consensus of the City Council was to direct Staff that if we donÕt have a new application that is reasonably responsive to the Public Policy concerns that were raised by the Commission in their August hearing in the next two weeks, the City Attorney should consult with the City Prosecutor about this case.
Ms. Massa-Levitt explained that if the applicant cannot bring in the proof of proper construction, they will have to dismantle a portion of the wall. If it was not deemed to be constructed properly they will have to tear down the complete wall.
City Attorney Colantuono explained that any application will need a CUP for the fill and a view preservation permit. This application will have to go to the Planning Commission.
OLD BUSINESS
10. HACIENDA ROAD – PEDESTRIAN ACCESS WAY BID PROJECT
The re-striping project along Hacienda Road was approved by City Council at the meeting of September 11, 2003. The engineerÕs estimate for this project is $18,000.
RECOMMENDATION: Approve staff recommendations and authorize to receive formal bids.
Mayor Carroll opened the meeting for Public Comment.
Kent Badger, Lamat Road, suggested using speed cameras on Hacienda Road and reducing the speed limit by five (5) MPH. He also suggested that they do a cost effectiveness study on the different ideas.
Deputy City Engineer Lang noted that after narrowing the road they will again check the speed of the traffic and they hope that at that time they will be able to lower the speed limit by five MPH. He also noted that cameras are just in an approval stage at intersections. Cameras for speed detection at this time would probably be illegal.
The City Attorney stated that as of now they are only used to detect the running of a red light and even this has caused some litigation.
Sheriff Lieutenant Ault agreed with what had been said about speed cameras.
Mayor Carroll closed Public Comment.
Deputy City Engineer Lang explained that since the discussion on striping and the insertion of the bots dots at the last meeting, he has found a new product which is a tape. You can get one that gives you a low rumble or one that gives a greater rumble when the driver gets onto it. He stated that he strongly feels there should be some type of signal to the driver that he has crossed the line. He asked the City Council to reconsider some type of rumble strip, at least on the curves.
Councilmember Millsap asked if this strip was safer for bicyclists.
Mr. Lang stated that in his opinion it was as it is flatter and more consistent and this strip is approved by Prop C and has been approved by the California Department of Transportation. It also has much more reflectivity at night. The company will do a small test of this tape so the City can see it.
Councilmember Klein stated that his concern had been the danger to the bicyclists hitting the bots dots. If this strip does not pose such a danger he does not have that concern. His other concern is that the narrowing of the lane is bringing each side closer to the center. He asked if there could be striping in the center such as a painted median, to separate the traffic.
Mr. Lang explained that we could do that. This would leave no room for pedestrians or bicyclists so Prop C funds could not be used for that. We really do need to provide a safe area for the pedestrians and bicyclists and pedestrians. He stated that he does not have a cost for the strips.
Councilmember Douglas stated that he could confirm that the drivers do not pay attention to the white lines. He felt it would be good to have some kind of raised line to remind the drivers.
Mayor Carroll stated that he was concerned that this space for pedestrians and bicyclists would give them a false sense of security and that the noise from rumble strips would be very annoying to the residents. He also stated that he does not like the appearance.
The consensus of the Council was to receive more information on the strip and how much it would cost.
Councilmember Klein offered a motion to continue item 10 until the next Regular Council meeting in November while more information is gathered on this ÒRainLine stripÓ. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
NEW BUSINESS
11. PUBLIC INFORMATION CAMPAIGN FUNDING (AERA PROJECT)
RECOMMENDATION: Authorize commitment for funding not to exceed $50,000
over next two (2) years for Public Information Campaign
City Manager Hendrickson offered the staff report. The AERA Corporation has proposed a development of 3,600 units on 3,000 acres east of us. The cities of Brea, La Habra, La Habra Heights and Whittier see that there are many concerns about the impacts of that development. He stated that it involves cities in both L.A. and Orange counties. Representatives from those cities have met several times to discuss their review of the AERA Project.
Mr. Hendrickson explained that the City of Brea hired Waters and Faubel to conduct a survey to see if there needs to be a Public Education and Outreach Program. The first proposal was too costly. A second proposal was requested and the budget was trimmed to about $450,000 over three years. The recommended allocations were based on :
á Size and ability to pay
á Direct impact
The Committee has requested the following commitments from the four (4) cities:
á Brea - $250,000 (approved)
á La Habra - $100,000 (approved)
á Whittier - $100,000 (pending)
á La Habra Heights - $50,000
á Hacienda Heights - $2,000 (approved)
á Rowland Heights - $2,000 (approved)
The City Manager expressed his opinion that the City Council should make this decision. He stated that he was not pushing either way. He thought the Council should make a commitment. He stated that he did have some reservation as to how the $50,000 amount was arrived at. He suggested $25,000 as a commitment.
Mayor Carroll opened the Public Comment.
Martin Offenberger, Kashlan Road, spoke in favor of commitment in whatever amount we decide to fight against the AERA project.
Alan Boege, Cypress Street, spoke in favor of La Habra Heights joining the other cities in fighting AERA.
Katie Martin spoke against spending the money to join the other cities due to our small amount of revenue and reserves in comparison to the other cities. She noted that if we did decide to spend the money she hoped it would be a much lower amount.
Mayor Carroll closed Public Comment.
City Manager Hendrickson stated that one of the things the Committee used to determine how much each city should pay, was the impact the AERA Project would have, which in our City is high. He also stated his opinion was that they would receive the VLF backfill and will not have the $95,000 deficit.
Councilmember Douglas pointed out that $50,000 amounts to only $25 per home and that does not compare to the damage the AERA Project could cause everyone.
Mayor Carroll stated his concern is that he really does not know how this money is going to be spent. The description is very vague. He would not want to back spending this money at present.
The City Manager stated that he would get a more detailed list of what the Committee plans to do with the funds.
Mayor Carroll suggested they continue this item until the Regular November Council meeting for more detailed information on how the money would be used.
Councilmember Klein stated that he would also like to have more detail of what the Public Education would cover and who is going to run this.
Mayor Carroll offered a motion to continue this item to the November Regular City Council meeting. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: Borrowe
ADMINISTRATIVE REPORTS
12. CITY MANAGERÕS REPORT
City Manager Hendrickson stated that thanks to the La Habra Heights Improvement AssociationÕs donation, the City has installed dog mitt dispensers at The Park. This should help those with dogs to conveniently keep our park clean.
City Manager Hendrickson announced that there would be a quarterly clean up at The Park on Saturday, October 25, 2003, between 8:00 A.M. and 1:00 P.M. in the upper parking lot. Residents may bring up to two pickup loads. Hazardous waste items are not included.
The waste collection procedure is in place. Everyone should have received a flyer with explanations. Any questions should be referred to the hauler.
The 25th Anniversary will be held on November 7, 2003. Call Lara Orchanian at City Hall to see if tickets are still available.
13. CITY ATTORNEYÕS REPORT
City Attorney Colantuono reported that this yearÕs State budget might or might not be viewed as a house of cards. He stated that we have a new Governor but not a new Legislature. The State has run out of the authority to print money. The city is running into a budget cycle that does not look attractive from our perspective. Prop 13 allows the state to decide how to divide the property tax. When the State needs money they are allowed to take a slice of the property tax. The State has found a way of getting items that should come to local governments to use for themselves. The League of California Cities is preparing a proposed Constitutional Amendment that it hopes to present to the voters in November of 2004. This would say that the State cannot take away Property Taxes, Sales Taxes or Vehicle License Fees from local governments without replacing them or getting the voters approval. Mr. Colantuono explained that he has been asked to take part in drafting this measure, which he has been doing. He encouraged the City to stay informed about the condition of the State Budget and the City Council to stay informed about the League of California Cities efforts to amend the State Constitution and the electorate of the City to pay attention to this so they can make an informed vote next November.
14. PLANNING DIRECTORÕS REPORT
Not applicable
15. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang reported that the Engineering Department was in the process of submitting to the County their yearly Clean Water, Standard Urban Storm Water Mitigation Pump report. He stated that he gave this report to the City Attorney to look over. He was concerned that this would be costly to the City. He stated that he would be consulting with the City Manager and City Attorney to see what the options are.
As to the Olinda property, the SUSMP plans have been submitted and have been approved. They will be installing this soon. The applicant will now be installing three (3) collection sites to catch water rather than one large one.
16. FIRE CHIEFÕS REPORT
The Fire Chief had no report.
17. SHERIFFÕS REPORT
The Sheriff had no report.
Councilmember Klein reported that while the City Manager was on vacation there had been an incident involving La HabraÕs Water Company installing a new line and traffic was backed up on Hacienda Road into Hacienda Heights. Also Mr. Klein asked Lieutenant Ault if she could bring back some of the items that they can use the CLEEP money on, such as the message board speed trailer. He agreed that the Council could look at other CLEEP fund items also.
The City Manager explained that they still have over $100,000 in CLEEP funds. He advised the Council that the budget would have to be amended to use some of the CLEEP funds.
18. COMMISSION/COMMITTEE REPORTS
There are no reports.
CITY COUNCIL COMMENTS
Councilmember Klein noted that the Senior Management Analyst had done a good job while the City Manager was away.
Councilmember Millsap commented that she believed that Marsha Coolidge had quoted the wrong height the roadside trees had to be trimmed to. She asked if there was enough space left in the ÒTop of the HeightsÓ, to add the weed abatement information that Marsha mentioned they would like to send out instead of a separate mailer.
The City Manager stated that he would look into it.
The Fire Chief stated that the correct figures were 13.6 feet up and 3 feet to the side.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Bill Fulbright, El Paseo in the Reserve, explained that he has a pool planned. It has been approved, but now is held up due to an Ordinance that states no more grading is allowed in the Reserve. He noted that Craig Melicher told him to come to the City Council meeting to discuss this.
The City Attorney explained that they had an application before the Planning Commission for a View Preservation for a house being built in the Reserve. The Planning Director pointed out that there is a provision in the Lynch Tract Specific Plan that prohibits any additional grading on these lots without City Council approval. This ruling has to have some practical limitations because the lots were meant to be buildable. He stated that he did not know that digging a pool would be considered grading. Usually it would be considered grading if it was outside of the building envelope, changing the course of drainage or the lay of the land. There is a little bit of uncertainty on the part of staff which should be cleared up when that application comes before the City Council. Mr. Colantuono stated that it is probably appropriate for staff to process all the applications they have based on their reasonable interpretation of what Òno gradingÓ means.
The City Manager explained that the Reserve was not supposed to be graded over 50%, and that point had been reached.
Bill Fulbright explained that he had been asked for a plot plan. He complied with this and then Mr. Melicher brought up the Ordinance and when he asked to see it, Mr. Melicher could not show it to him. Mr. Fulbright stated that he had made five (5) trips to see Mr. Melicher and he was not available and he could not make an appointment with him.
Mayor Carroll asked Mr. Fulbright to leave his phone number and asked the City Manager to take care of the problem Tuesday.
ADJOURNMENT
Mayor Carroll adjourned the October 9, 2003 City Council meeting at 10: 39 P.M. to the next Special City Council meeting on October 16, 2003.
ATTEST:
____________________________________
CITY CLERK, JOHN F. HENDRICKSON