CITY OF LA HABRA HEIGHTS

 

MINUTES OF A SPECIAL MEETING OF THE LA HABRA HEIGHTS

 

CITY COUNCIL

 

November 6, 2003

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Stan Carroll called the Special Meeting of the La Habra Heights City Council to order at 7:12 p. m. at the Community Center, 1245 N. Hacienda Road, La Habra Heights, California.

 

Mayor Carroll announced the passing of Jill Kowalik. Mayor Carroll read the letter the City Council sent to her family.

 

2.              ROLL CALL

 

            Those present: Mayor Stan Carroll, Mayor Pro Tem Ed Borrowe, Councilmember Bruce Douglas, Councilmember Fred Klein and Councilmember Tela Millsap. Also present City Manager John Hendrickson, Interim Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, City Attorney Michael Colantuono and General Plan Consultant Marc Blodgett.

                       

3.              FLAG SALUTE

 

Roy Cummings led the flag salute.

 

PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON AGENDA

 

Ray Fernandez, Skyline Drive – spoke regarding the ridgeline; appalled by what he has seen; the City is deeply divided; shocked by what he has seen; ridgeline development issue doesnÕt make sense; should restrict the size of homes; the square footage limitation is unconstitutional.

 

John Beau, Casalero – stated the Mayor is doing a fine job; balance regarding views; need to cooperate; doesnÕt need to be in the General Plan; road signage and stripping OK must be commensurate with safety; ridgeline development; restriction on size of homes; property rights must be protected.

 

Roy Cummings, Canonita – asked the City Council what would happen with the homes on Canonita if they were destroyed; could the homes be rebuilt with the same non-conforming status.

 

Mr. Colantuono responded stating under current zoning ordinances the answer in theory is no; the answer in practice is we tend to have long painful hearings and the answer is yes. One of the goals of this General Plan is to correct the CityÕs non-conforming use standard to arrive at a more reasonable answer.

 

Rick Martin, Reposado – spoke regarding ridgeline development; given the make up of the community you wonÕt ever have mass development.

 

Ms. Massa-Lavitt explained that in the General Plan Land Use Policy 24 was rewritten to read ÒPermit alterations of non-conforming residential structures, which do not exacerbate the non-conforming.Ó

 

Mr. Colantuono stated we have amended Land Use Policy 24 in an attempt to address this and it will be worked on the in the ordinance phase to implement that policy.

 

Councilmember Douglas asked to have it made clear in the implementation that we would allow the use as long as it did not exacerbate the condition.

 

PUBLIC HEARINGS

 

4.         GENERAL PLAN ENVIRONMENTAL IMPACT REPORT

 

Mayor Carroll asked the public if anyone wished to speak on the Environmental Impact Report.

 

Katie Martin, Reposado – asked when the EIR would be released so the public could comment on it.

 

Mr. Blodgett explained again the EIR process.

 

5.         CONTINUE COUNCIL DISCUSSION REGARDING THE GENERAL PLAN

 

            Ms. Massa-Lavitt gave a brief update on staffÕs work on the elements of the General Plan.

           

            Mayor Carroll asked if anyone from the public wished to speak on the General Plan.

 

            Katie Martin, Reposado – spoke regarding the ridgeline overlay believes it hasnÕt gone away but has been expanded to every ridgeline in the whole community; spoke regarding the limit on house size; copyrighted pictures; better look at Policy 57 would affect what Mr. Cummings was speaking of.

 

            Elizabeth Karman, Encanada – stated yes her pictures are copyrighted and she was willing to allow the City to use them.

 

Land Use Element

 

            Policy 6

 

Ms. Massa-Lavitt expressed a concern with floor area ratios and cubic content; felt it belongs in the ordinance not the General Plan. Your current ordinances do a very good job of controlling development. Suggested Policy 6 read ÒEnsure that residential structures are appropriately scaled to the lot on which they are located.Ó

 

Councilmember Douglas stated he liked the intent of Policy 6.

 

Mr. Blodgett agreed with Ms. Massa-Lavitt.

 

Mayor Carroll moved to adopt Ms. Massa-LavittÕs suggested Policy. Councilmember Millsap seconded the motion.

 

Mayor Pro Tem Borrowe felt the new policy was too broad; felt staff needed more direction.

 

Ms. Massa-Lavitt stated she has reviewed enough projects now to know that permeable surface and grading ordinance is controlling lot coverage.

 

Mayor Carroll stated he liked that it was general.

 

Ms. Massa-Lavitt explained floor area ratio; a range would need to be developed.

 

Mayor Carroll called for the question. Vote 3-2 Borrowe and Douglas

 

Policy 11

 

Ms. Massa-Lavitt expressed the same concern as Policy 6; suggested deleting everything after the word lots.

 

Mayor Carroll moved to accept Ms. Massa-LavittÕs suggestion. Motion died for lack of a second.

 

Mr. Colantuono suggested keeping setbacks, height limitations, parking and other applicable standards.

 

Councilmember Douglas moved to delete Policy 11. Seconded by Mayor Carroll.

Vote 3-2 Borrowe and Klein.

 

Mayor Pro Tem Borrowe new Policies would be numbered 1-5 for discussion purposes.

 

GPAC Policy 49

 

Mayor Pro Tem Borrowe stated states he has changed his mind and wants to rewrite this policy to read ÒThe City of La Habra Heights and La Habra Heights County Water District will work together to explore mutually beneficial means to increase economy and efficiency through cooperation.Ó Mayor Pro Tem Borrowe moved to approve his new policy. Councilmember Douglas seconded the new policy.

 

Mayor Pro Tem Borrowe amended his motion and changed the word will to shall. Councilmember Douglas accepted the amendment.

 

Councilmember Klein suggested the policy read ÒThe City of La Habra Heights should work with the La Habra Heights County Water District where possible to explore mutually beneficial means to increase economy and efficiency through cooperation.Ó

 

Mayor Pro Ten Borrowe amended his motion to accept Councilmember KleinÕs recommendation. Councilmember Douglas accepted the amendment

 

Mr. Blodgett suggested it would be numbered Land Use Policy 56A.

 

Mayor Carroll called for the question. Vote 4-1 Carroll.

 

The City Council then discussed Mayor Pro Tem BorroweÕs additional policies.

 

1.         After Council discussion Mayor Pro Tem Borrowe withdrew his request for this policy.

 

3.         Mayor Pro Tem Borrowe moved to renumber this policy 55A to read ÒMinimize and discourage road signage, road striping road markings and road signage be graffiti free.Ó

 

            Councilmember Millsap seconded the motion.

 

Mr. Colantuono recommended adding to the policy ÒÉ to the extent consistent with the requirements of traffic safety signage shall be minimized.Ó

 

Mayor Pro Tem Borrowe amended his motion to read ÒTo the extent consistent with public safety minimize and road signage, road stripping and road markings.Ó

 

Vote 3-2 Millsap and Klein.

 

4.         Mayor Pro Tem Borrowe moved to add this policy to read ÒRidgeline development will be limited to one story with additional structure, if desired, stepped down a hillside. Councilmember Douglas seconded the motion.

 

            Mayor Pro Tem Borrowe withdrew his motion.

 

            The City Council instructed staff to work on a policy showing what the City does not want to see.

 

5.         Councilmember Klein asked staff to bring back an example of how big a house could be built under our current ordinances.

 

CONTINUED PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA

 

Ray Fernandez, Skyline – stated he was flabbergasted by Mayor Pro Tem Borrowe recommendations; felt he has a conflict of interest; stated this is a personal affront to the citizens of this town.

 

Rick Martin, Reposado – stated he wanted to second what Mr. Fernandez said.

 

Bob Karman, Encanada – spoke regarding landscaping and safety issues; stated we need more visibility on corners.

 

Ann Eaton, Hacienda – felt the City has strayed away from the one-acre minimums; the General Plan seems to deter people from building in La Habra Heights; permit costs.

 

Ray Fernandez Jr., Skyline – felt the wall the council talked about on Avocado Crest would not happen with one acre minimum; shouldnÕt be a square foot limited; way the pros and cons.

 

ADJOURNMENT

 

Mayor Carroll continued the Environmental Impact Report and the General Plan discussion to the next special meeting of November 20, 2003 at 7:30 p.m.

 

Mayor Carroll asked to adjourn the meeting in memory of Jill Kowalik.

 

Councilmember Douglas asked to amend the City Council Agenda for November 13, 2003 to include a discussion of a special public study session for the Planning Commission that will not be televised.

 

The meeting was adjourned at 10:12 p.m. to the regularly scheduled meeting of November 13, 2003. All Ayes.

 

 

 

ATTEST:

 

                                                                                   

City Clerk