CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
DECEMBER 11, 2003
A point has been reached where, in the opinion of the City Council on the advice of its counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council.
á CONFERENCE WITH LEGAL COUNSEL
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
City of Arcadia, etc. v. California Regional Water Quality Control Board
á CONFERENCE WITH LABOR NEGOTIATOR
CITY NEGOTIATOR: John Hendrickson, City Manager
UNREPRESENTED EMPLOYEES: All City Employees except City Manager
1. CALL MEETING TO ORDER
Mayor Pro Tem Borrowe called to order the City Council meeting of Thursday December 11, 2003 at 7:30 P.M. in the Community Center, 1245 Hacienda Road, La Habra Heights.
The Mayor Pro Tem announced that the Sheriffs Department has asked that we remind residents of the need to be extra cautious at this time of year around homes and cars due to burglars and thieves.
2. ROLL CALL
Present were: Mayor Pro Tem Borrowe, Councilmembers Douglas, Klein and Millsap. Absent: Mayor Carroll (excused), (arrived at 9:48 P.M.) Also present were City Attorney Colantuono, City Manager Hendrickson, Senior Management Analyst Orchanian, Fire Chief Nielsen, Sheriff Lieutenant Ault and Interim Community Development Director Massa-Lavitt.
3. FLAG SALUTE
Mayor Pro Tem Borrowe asked Joe Cain to lead the flag salute.
Mayor Pro Tem Borrowe asked the City Attorney if there was anything to report from the closed session.
City Attorney Colantuono explained that neither of the items resulted in an action that requires a report.
4. PRESENTATIONS
á Report by members of the 25th Anniversary Celebration Committee and the recommendation that remaining funds be dedicated for park improvements.
Cecelia Borrowe introduced Elaine Cain.
Elaine Cain presented her gift of an art tile mural consisting of Spanish tiles surrounding the city seal.
Cecelia Borrowe next introduced Sherri Bray.
Sherri Bray reported that due to the efforts of the 25th Anniversary Committee members and many donors they were able to raise over $18,000 in cash. After deducting the expenses for the 25th Anniversary picnic and dinner/dance activities they are presenting the City Council with a check for $12,754.47. She stated that this is being donated for Park improvements.
Cecelia Borrowe noted that in the next city newsletter there will be a list of all the donors and those who helped make the 25th Anniversary Celebration a success. Ms. Borrowe also mentioned a website with pictures of the celebration and presented goblets from the dinner/dance that may be purchased at City Hall. The proceeds from this will go to the City.
Mayor Pro Tem Borrowe thanked all the volunteers who so unselfishly donated their time.
á Stephanie Miladin, Greater Los Angeles County Vector Control District, gave a presentation on preventing and controlling West Nile virus (WNv).
Ms. Miladin presented information on vector control. She noted that vectors are pests, such as rats, mosquitoes, and black flies. Mosquitoes can carry various diseases. She stated that they look for breeding sources and then treat those areas. Mosquitoes which carry the WNv feed on the blood of infected birds and then pass it on to humans and animals. She noted that this is a problem in California so it is necessary to test chickens, birds, and mosquitoes to keep track of the virus.
Ms. Miladin requested that if dead birds are found, call 1-877-WNV-BIRD. She stated that they do recommend that horses be vaccinated against the virus. She noted that there is no human vaccination for the virus.
á Bob Henderson, Chairman, Puente Hills Landfill Native Habitat Preservation Authority, will present an update on preservation efforts.
Andrea Gullo, Executive Director, presented an overview of the Preservation Authority and what they do.
Mayor Pro Tem Borrowe asked Mr. Henderson if a resident has a concern about the Preservation Authority land, who do they contact.
Mr. Henderson explained that they can contact Andrea Gullo or Kenn Hughes.
Councilmember Douglas asked if Mr. Henderson had an update on dealing with coyotes.
Mr. Henderson explained that residents should make home areas unattractive to the coyotes. Do not leave pet food out at night and clean up dropped fruit. Keep trash cans closed tightly. If there is an animal that is threatening, call animal control. He noted that the Authority does not have any pamphlets on the animals at this time.
Mr. Henderson mentioned that they do watch for people partying and acting in an unsafe manner in their areas. They have not had such problems in La Habra Heights. He noted that there are very heavy fines for such activity.
á Kathy Sauble, Emergency Preparedness Chairperson, report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Ms. Sauble noted that everyone should have an emergency plan for escaping a fire in the home. There should be two ways to get out of every room and a meeting place outside of the home. A fire drill practice is recommended.
Ms. Sauble explained that children need to be educated to stay away from rivers with moving water. Also prepare all emergency supplies and tools.
á Public Works Committee.
Les Williams, Chairman of the Public Works Committee, reported that at their November meeting they considered the Roads Maintenance of zones 3, 4 and 5 from the point of view of urgent repairs that should be done in conjunction with the 2003-04 schedule. We determined 15 such locations that need to be addressed. The City Engineer has that information and will interject those locations in the maintenance bid package. He stated that he had met with the City Manager and evaluated the budget and it appears that we will have sufficient funding to include this work along with the work planned in zones 1 and 2 planned for the 2003-04 projects. The City Engineer will do a more in depth analysis and finalize the figures sometime in January 2004.
Mr. Williams stated that the rainy season will soon be here and requested that residents let the City Engineer know of any new potholes or maintenance concerns.
John Van Barneveld, presented a display of pictures representing the different previous City Councils and suggested that the City show the background and history of La Habra Heights for public viewing. He stated that he would be happy to do more of this sort of thing for the City.
Councilmember Douglas explained that the City was interested in starting a program to make the history of La Habra Heights more accessible to the residents.
Norm Zezula suggested that access to the Wildlife Conservation Authority area be provided in the west part of La Habra Heights, such as near Las Palomas. It does not need parking facilities, only a gate to enter.
Pat Fabio, from Congressman Gary MillerÕs office, presented the City of La Habra Heights with a copy of the remarks Mr. Miller had placed in the Congressional record in reference to the CityÕs 25th Anniversary and a certificate for the CityÕs 25th Anniversary.
Councilmember Klein asked Bob Henderson to explain what access there is to the Wildlife Conservation Authority area.
Bob Henderson stated that at the present they are trying not to encourage entrance at the Las Palomas area as they have an extensive restoration work going on along the trail. Once this restoration work is finished, we will look into opening an entrance in this area. We do not want to open a lot of entrances as this would be more frightening to the wildlife and harder to patrol.
Councilmember Douglas noted that there are two entrances from Hacienda Road.
Rick Martin asked if residents have concerns or complaints about brush or overgrowth within the Habitat Authority, who should they contact?
City Manager Hendrickson stated that they should contact the Fire Marshall at the Fire Department.
Fire Chief Nielsen stated that the Fire Department requires brush to be cleared 200 feet from any structure and the Rangers and the Fire Department share patrolling the area.
Mayor Pro Tem Borrowe closed the Public Comments.
Mayor Pro Tem Borrowe suggested that after they finish the ÒConsent CalendarÓ that we go to Item 14 and then to Item 13 and then back to Item 9 and follow the Agenda in order to accommodate members of the audience who wished to comment on Items 14 and 13.
Councilmember Klein stated that he felt that Mayor Carroll should be here for those items.
The consensus of the Council was to follow the Agenda as written.
5. APPROVAL OF WARRANTS – NOVEMBER 2003
Councilmember Klein offered a motion to receive and file the November 2003 Warrants in the amount of $228,049.51. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
6. TREASURERÕS REPORT
Mayor Pro Tem Borrowe asked the City Manager to explain why the Bank of America amount (7,122.26) on page two was a negative amount.
The City Manager explained that at the time a number of checks written was for a larger amount than was in the account. It was not overdrawn as not all of the checks had been sent out. Money is moved into the account when needed.
Mayor Pro Tem Borrowe asked (on page seven) asked for an explanation of the amounts in parentheses for the planning account of Jack Sussoev - CUP 2003-01.
The City Manager explained that the amount was owed. Staff and the City Attorney are pursuing the matter.
Mayor Pro Tem Borrowe noted that the explanation for the Òending balancesÓ was confusing.
Councilmember Douglas asked the City Manager if City Attorney payments relating to the Fire Department was higher than usual.
The City Manager explained that this was because of the way we bill and collect on some of the weed abatement. Once these issues are resolved it should go back the other way.
Councilmember Douglas offered a motion to receive and file. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Douglas Klein and Millsap
NOES: None
ABSENT: Carroll
The TreasurerÕs report consisted of:
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
7. APPROVAL OF MINUTES Minutes of the Special Meetings of October 29,
2003, November 6, 2003 and November 20, 2003,
and the Regular City Council Meeting of
November 13, 2003.
City Councilmember Millsap noted an error on page 4 of the Minutes for November 13, 2003. The first paragraph under item 6, ÒCommissioner MillsapÓ should be changed to ÒCouncilmember MillsapÓ
Councilmember Douglas noted that the first paragraph on page 4 had mentioned placing signs on Harbor Boulevard for an animal crossing. He explained that this is LA County area and the signs have been taken care of.
Councilmember Klein offered to move approval as corrected. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
8. It is recommended that Item 8.a. 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.
8. a. HEIGHTS CHRISTIAN SCHOOL PROJECT
November 2003 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: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
9. PURCHASE OF VARIOUS ITEMS WITH CLEEP FUNDS
Request approval to purchase various items, including a new traffic trailer with message board, and to authorize use of CLEEP funds for this. Estimated purchase price of traffic trailer is $l19,975 plus tax.
City Manager Hendrickson noted that Lieutenant Ault has presented a list of items for the CouncilÕs consideration. If all items requested are approved, the total amount will be about $26,323.35. Mr. Hendrickson stated that at present there is $81,671 in CLEEP funds. However, when the budget is revised in May 2004, the amount spent will need to be allocated. He recommended that expenditures do not exceed $27,000.
Councilmember Klein asked if we get the more expensive trailer, do we need a new computer with it.
Lieutenant Ault answered that we would because our present trailer and the new one are not compatible as far as their computers go. She also noted that we will be able to create our own messages on the most expensive trailer besides the 190 programmed messages.
Mayor Pro Tem Borrowe asked where it would be housed.
Lieutenant Ault noted that this trailer would be housed at City Hall.
Mayor Pro Tem Borrowe asked who would maintain the trailer.
Lieutenant Ault replied that the SheriffÕs Department would use it, but if it is housed in the City, the City will maintain it.
The Mayor Pro Tem asked who would deploy the trailer.
Lieutenant Ault explained that the Sheriff would deploy the trailer.
Councilmember Klein noted that someone in the Fire Department should be trained on the use of the trailer and be able to deploy it.
Lieutenant Ault explained that since this trailer is multi-functional, it would be meaningful to have the Fire Department trained to operate the trailer. If purchased, the company will send someone out to the City to train those who will use it.
Mayor Pro Tem Borrowe noted that the VOPs have been doing some traffic control. He stated that he did not think they have reflective vests.
Lieutenant Ault stated that the SheriffÕs Department does have them.
The Mayor Pro Tem stated that they need to have them in their VOP cars. He also asked what are the traffic control flashlights.
Lieutenant Ault stated that they have a more directed beam; it has the color cone on the end of it. She noted that they also already have the traffic control flashlights.
Mayor Pro Tem Borrowe stated that it would be good to have a couple of those in the car also.
Councilmember Klein noted that he would like Lieutenant Ault to look into the portable flash cam. He felt this might be useful to see who is dumping items in La Habra Heights. This is a camera triggered by a motion detector. He stated that he would like to get a report on that next month.
Councilmember Millsap asked regarding the size of this camera.
Councilmember Klein stated that it could be fastened to a pole or a tree. Some send the picture to a computer.
Lieutenant Ault stated that they did purchase the pro laser 3. The deputies are very pleased with it. The traffic measuring wheel works well. The 40 traffic cones have been placed with the trailer. The heat seeking image device has been deployed and is kept with the Fire Department. No complaints have been heard. The two emergency generators were tested and no issues have been found. We have purchased two laptops and a printer. The printer is stored in the Fire ChiefÕs office. Chief Nielsen has allowed the officers to use the printer. The digital cameras and camcorders are used often. The flashlights and vests were purchased and she will see that they get to the VOPs.
Councilmember Klein offered a motion to purchase the Smart VMS trailer with DRU and the other items listed for the $26,323.35. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
10. ÒTHE PARKÓ KITCHEN PROJECT – AUTHORIZATION TO RECEIVE FORMAL BIDS AND AWARD CONTRACT TO THE LOWEST RESPONSIBLE BIDDER
RECOMMENDATION: Authorization to bid and award contract.
City Manager Hendrickson explained that Councilmember Klein had told him that he had some questions about some of the details and asked that this item be put off until next January for a clearer presentation.
11. APPOINTMENTS TO MULTI-CITY OPEN SPACE COMMITTEE
RECOMMENDATION: Approve authorization and begin the selection process.
City Manager Hendrickson reported that at the regular November City Council meeting the City Council approved funds to spend up to $50,000 over a two year period in conjunction with Brea, Whittier and La Habra. We have not as yet formed a formal organization nor signed any letters of intent or letters of understanding. These details are not yet worked out, but we did ask that two members of the City Council from each city sit on this body when organized. The details of the formal organization will probably be sent to each city by January. The appointments may be chosen tonight. Mr. Hendrickson proposed that Councilmember Douglas be one of the two representatives.
Councilmember Klein agreed to be the second representative.
Mayor Pro Tem Borrowe offered a motion to appoint Councilmember Douglas and Councilmember Klein to the Multi-City Open Space Committee. The motion was seconded by Councilmember Millsap.
Councilmember Douglas noted that the meetings have been in the afternoon, but they will now be scheduled in the evening.
The motion was approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: None
ABSENT: Carroll
12. REQUEST TO EXTABLISH ÒTHE PARKÓ SPECIAL FUND
Request for authorization to establish a special fund from remaining monies received as contributions for the CityÕs 25th Anniversary celebrations. This special fund will be used towards improvements for ÒThe ParkÓ.
RECOMMENDATION: Approve authorization to establish a special fund to benefit
ÒThe Park.Ó
Mayor Pro Tem Borrowe stated that they have one card on this item. He opened Item 12 for Public Comment.
Rick Martin stated that he appreciated all the improvements that have gone into The Park, but he felt that if there was extra money it could be put into something else for the Community, such as Code Enforcement
Mayor Pro Tem Borrowe closed Item 12 for Public Comment.
Senior Management Analyst, Lara Orchanian reported that during the sub-committee meetings for the 25th Anniversary Celebration, members discussed requesting that the City Council earmark any remaining funds towards Parks and Recreation improvement projects. She noted that the Parks and Recreation Commission is recommending a special fund account be used toward improvement projects at The Park facility. The remaining amount is $12,754.47.
Councilmember Klein asked who makes the decisions on how the money is used.
The City Manager explained that the Parks and Recreation Commission would decide with the City Councils approval. He noted that this money is for capital costs not for operating costs. When the donations were solicited it was noted that any funds left over would be used for Park projects. Placing this money into a special fund will keep the funds dedicated to The Park.
Councilmember Douglas asked what type of projects the money might be used for.
Ms. Orchanian noted that it had been discussed to refinish the gymnasium floor or paint the inside of the building. The Commission will make a list and bring it to the Council for approval.
Councilmember Klein suggested one project could be to have some display cases for historical pictures.
Mayor Pro Tem Borrowe stated that he was concerned that the new fence at The Park needs some kind of barrier so the cars parking facing Hacienda Road do not run into the fence.
The City Manager asked the Senior Management Analyst to make a report with a recap of what our funds and grants cover.
Mayor Pro Tem Borrowe offered a motion to place the $12,754.47 into fund number 11 and be spent exclusively for The Park projects. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Carroll arrived at 9:48 P.M.
13. DISCUSSION OF MEETING DECORUM POLICY
Discussion and possible revision of Resolution 96-03, Appendix A, concerning meeting decorum and procedures.
RECOMMENDATION: Provide direction to City staff after discussion.
The City Manager reported that staff found that in 1996 the Council adopted Resolution 96-03 covering Rules of Procedure for the Conduct of Meetings.
The City Attorney explained that there are a few items that are outdated, but in general they are still lawful and appropriate. He noted that the dated items are; the Legislature changed the number it takes to approve Resolutions from three (3) to approve money matters only, to three (3) to approve all Resolutions. The rules call for the election of the Mayor in April. We have moved that around. You might want more freedom in the order of your Agenda. The rules may be temporarily suspended by a majority vote. It was a law that you had to read the entire ordinance with every punctuation mark unless you had a unanimous vote to waive the reading. You still have that rule listed. The Legislature changed this to a majority vote.
Mayor Carroll opened the meeting for Public Comment.
Rick Martin stated that he would like to see a copy of the rules placed in the back of the room. He expressed his wish that before any changes are made this would come back for a Public Hearing.
Mayor Carroll asked that a copy be placed at the back of the room.
Norm Zezula expressed his disapproval of the word ÒdecorumÓ as it sounds like table manners instead of the much more important rules of procedure for meetings. He stated his opinion that this is a matter of free speech protection.
Mayor Carroll closed Item 13 for Public Comment.
City Attorney Colantuono noted that this Resolution was adopted and is in effect now. Changes would have to be discussed at a Public Meeting. He noted that there is always the opportunity to talk about anything in General Public Comment that might be brought back, but he explained that there is no requirement that this has to be brought back as a Public Hearing item.
Mayor Carroll pointed out 6.2 ÒPersonal and Slanderous RemarksÓ on page 7 and noted that this is what is in effect now.
Councilmember Millsap asked if this would pertain to the Planning Commission also.
The City Attorney explained that the Planning Commission could adopt its own rules. He asked staff to find out if the Planning Commission has their own rules, and if not, you might draw up a Resolution that they may adopt City CouncilÕs Rules and Regulations.
Councilmember Douglas asked for an explanation of 3.2 ÒAdjourned MeetingsÓ.
The City Attorney explained that an adjourned meeting is technically an opportunity to take your Agenda and not post it anew. That is a somewhat antiquated practice and we usually make a new Agenda. You can only ÒCloseÓ or ÒContinueÓ a Hearing. To continue a Hearing you may have more Public input and not have to republish your notices in the newspaper.
Councilmember Douglas asked about the rule on 3.7 ÒRecessÓ. He asked if it mattered if we have rules that we donÕt use.
City Attorney Colantuono explained that you do not have to follow the rules slavishly. If you find rules that are no longer useful you should probably get rid of them.
Councilmember Douglas stated that on 4.1 ÒElection of MayorÓ, he would like to see that clarified.
Councilmember Douglas stated that in item 5.1 ÒOrder of BusinessÓ, he would like to see Òit is in general suggestedÓ added.
On page 7 item 2.c., Attorney Colantuono suggested that it should start, ÒEach speaker may be limited to a period of time established for the item on Public Comments and other agenda items prior to the vote.Ó
Councilmember Douglas questioned item 7.g on page 10.
Attorney Colantuono stated that in a long meeting it sometimes becomes necessary to ask that if they have written you a letter, you state that you have read it and they should just hit the high points, and not read it all.
Councilmember Douglas stated that he would like to see that item removed.
Councilmember Douglas questioned item 6, which states that Council shall reserve questioning of individual speakers until the completion of all public testimony.
The City Attorney noted that formality is a form of control not needed in every situation.
Mayor Carroll questioned the meaning of Òto tableÓ an item.
The City Attorney explained that to table an item means to send it to a parliamentary graveyard.
Councilmember Klein offered a motion that this discussion on Agenda Item 13 be brought back to the January meeting in a manner that Public Comment can be made, have staff give us any updates in law that might change something in the rules and give the Council a month to examine the Rules and Regulations. The motion was seconded by Councilmember Millsap.
Mayor Pro Tem Borrowe commented that these Rules and Regulations are in effect now. He noted that the rules say a person does not have to give their address if they do not want to. Mr. Borrowe noted 2.e. on page 7, 2.f, and 2g. He also read from a former page that the responsibility for the meeting and its decorum is in the hands of the Mayor.
The motion was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13.b DISCUSSION OF HOLIDAY SCHEDULE POLICY
RECOMMENDATION: Council decision after discussion.
The City Manager stated that there was concern this year from the Council that due to Christmas and New Years Day falling on Thursday, that if we give the office workers the day off before the Holiday it only leaves the office open two days of the Holiday week. Mr. Hendrickson suggested that there be a simple change which would amend the policy, Resolution 96-43, to still allow the Manager to schedule floating holidays, but direct that offices may not be closed more that four (4) consecutive days, including weekends.
Mr. Hendrickson recommended that the floating days off before the holidays have been adjusted so a minimal staff will be available for ½ days on December 24th and December 31st, 2003.
Councilmember Klein offered a motion to follow the City Managers suggestion and bring back to the January meeting a Resolution to this affect. The motion was seconded by Mayor Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
14. PLANNING DEPARTMENT – PUBLIC HEARING TO CONSIDER AN APPLICATION FOR THE STANDARDS MODIFICATION 2002-24 – 1323 El PASEO PROJECT.
Staff has determined that the Specific Plan for Tract Map 46591 will require grading, therefore, this project will be brought to City Council for review.
RECOMMENDATION: Approve Resolution No. 03-34 approving project.
RESOLUTION NO. 03-34 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING STANDARDS MODIFICATION 2002-24.
Interim Community Development Director Massa-Lavitt reported that this was a request to install accessory uses at an existing single family home in the ÒReserveÓ or Lynch Specific Plan area at 1323 El Paseo. The applicant, Darren Domingue, has provided grading plans and a site plan for a swimming pool, a pool house, a carport and a relocation of the drainage swale.
Ms. Massa-Lavitt explained that the Lynch Specific Plan when first approved allowed for grading not to exceed 50% of the project site and that was completed at 50% of the development. Each of the homes that want accessory structures would be limited to 10 Cubic yards as stated in our zoning ordinance and anything over that would be discouraged by the staff or reviewed by the City Council. The applicant is requesting to grade over 20 cubic yards and is requesting the relocation of the existing drainage swale on the site to avoid the area where the guest house is going to be located. The new swale location would involve grading in the area of 40-50 cubic yards to build the new swale and to cover up the old swale. The swale would be removed to place the guest house and a portion of the pool. The applicant has submitted to the Planning Commission two schemes. One would have the drainage swale shown on the black line print and the other would be to take the water and put it into an underground pipe and direct it out to the street. The City Engineer felt that either plan could work; however, there was a concern that the underground pipe could become clogged. He felt that the new drainage swale would be taking the water out to El Paseo in a different direction and that the open swale was a better design than the underground pipe.
Ms. Massa-Lavitt explained that they have been able to make the findings for approving the project and supports the Planning Commission approval. The Planning Commission was concerned with the drainage swale and the amount of grading that would be required. They were also concerned with the size of the pool house as it appears to the residents next door. One solution suggested by the Planning Commission was to lower the Pool House.
Ms. Massa-Lavitt noted that the Engineer that approved this project is our Grading Engineer. The Deputy City Engineer, Pat Lang, is not here this evening.
City Manager Hendrickson stated that he spoke to Pat Lang and was told that Ms. Massa-Lavitt knew as much as he did about this project and decided his presence was not necessary.
Mayor Carroll opened the meeting for Public Comment on Item 14. He noted that the applicant has ten (10) minutes and time for rebuttal.
Darren Domingue, applicant, spoke for the owner, David Sarinana. He provided more pictures of the site to help explain the issues. Mr. Domingue stated that they have been working on a solution for several years and they had worked with former Deputy City Engineer Gilbertson. He is the one who suggested the underground pipe solution for the drainage. Solution number two is calculated to be around 20 cubic yards or just under. The pool house can be lowered l ½ foot or more, but this will actually take more grading, close to 50 Cubic yards.
David Sarinana, owner, stated that they were willing to work with staff but they need direction and help. He stated that the length of time this has taken and the indecision was unfair.
Juan Sarinana, Via Patricia, stated that as a neighbor he was in favor of the project.
Dr. Paul Mercer, El Paseo, provided a memo from Mr. Jones, another neighbor. He also noted his concerns of the drainage problems, the privacy of view and the grading. He is the one that provided the pictures for this meeting. He stated that when he bought the property EPAC told him that the development had been graded to the maximum and there would be no more grading. He stated that when the story poles went up he could see that due to its height, he would lose all of his privacy. He stated that other residents have complied with the no grading order.
David Goldstein, resident north of the subject property stated that he was on the board of the HOA for the ÒReserveÓ. He read a statement that the board came up with, expressing strong concern regarding the planned structure as to the privacy issue. The board recommended that the project not be approved.
David Sarinana explained that originally the Association board signed his plans with their approval and at that time expressed no concerns. He stated that he was willing to work things out with those who are concerned.
Mayor Carroll closed the Public Comment for Item 14.
The City Attorney explained that the Reserve subdivision was graded in violation of the rules. When it came to the attention of the City a provision was inserted in the Specific Plan to provide that no additional grading could occur without Planning Commission approval. The provision of the Specific Plan that says that, does not give any findings or standards to be applied so that you can make these decisions. The Planning Commission approved the project with the condition that the project had to come to the Council for such approval as the Council would find necessary. Mr. Colantuono stated that he provided a November 2 memo that says there are two restrictions on the earthwork that can be done in developing any of these pads or in adding accessory structures. The first restriction is that any earthwork outside the area disturbed in tract development cannot be affected without Planning Commission approval. The second restriction is that development must utilize the established drainage pattern to avoid eroding or flooding another lot. It is clear that disturbing land that wasnÕt previously disturbed is a decision for the Planning Commission. Amending the Specific Plan requires noticed Public Hearings before the Planning Commission and then the Council which will make the decision. This is here tonight for you to interpret it and give the Commission some guidance. The options available to you are the following. Say no action is needed from the Council, clear the condition and let the Planning CommissionÕs action take affect. The second action available is to say an interpretation of the Plan and perhaps some modification of the project is required and you want to do that. The third alternative is for the Council to not approve the project because it does not comply with the Plan in your view and send it back to the Commission for further consideration.
Mayor Carroll asked the Interim Community Development Director if this project is outside the area disturbed in tract development.
The Interim Community Development Director answered that there was no grading done to the area to the rear of the existing swale, so this project would be encroaching into the natural area.
The City Attorney explained that this would be permissible only with Commission consent. He explained that we donÕt have any standards for giving this consent. Ms. Massa-Lavitt used the Standards Modification findings, which will do until we revisit this, because that is a general purpose set of findings about relaxing the rule. The second restriction on drainage flow can be interpreted that as long as the volume and direction of the flow is the same it is considered to be no change. The extreme meaning would be that you can not change the path the water takes across the site in any way. That is probably too restrictive. Mr. Colantuono concluded that you could ask to sort out the grading issue and suggest use of the standards modifications findings and choose an interpretation of the water flow issue, again grounded in the standards modifications findings. However you deal with Mr. SardinianÕs application, an amendment will probably have to be issued to the Specific Plan to more articulately describe this approval and the findings that apply to it. Make clear that these decisions need to be made by the Planning Commission and only an appeal come to the Council, not made to the Council in the first instance. After staff has arrived at that proposed amendment, it will be the subject of noticed Public Hearings before the Commission and Council. Because there is an organized homeownerÕs association they should join in the discussions because it will affect all of them.
Councilmember Douglas noted on page two of the City AttorneyÕs November 2 memo it states that ÒHillside areas undisturbed by tract grading must be maintained in their natural state and even the Planning Commission may not authorize their alteration.Ó So, has that been left to the Council if it is wanted to grade in such an area?
The City Attorney answered that this would need a Plan amendment.
Councilmember Douglas stated that he would have to agree with Mr. Sarinana that this has been an unfair process. He felt that it was up to the city to try and clarify this issue. He stated that he was not able to approve tonight because of the conflicting rules.
Councilmember Millsap asked Ms. Massa-Lavitt if other residents have been allowed to grade or build outside of the swale area?
Ms. Massa-Lavitt answered in the negative.
Mayor Pro Tem Borrowe stated that Mr. Goldstein explained that the Homeowners Association has this project, so does the project stand with us or the Homeowners Association?
City Attorney Colantuono stated that he usually advises that you need to do your land use process as distinct from the architectural review process of the HOA.
Mr. Colantuono stated that if you send the project to the Planning Commission; send it on terms that it does not have to come back to the Council except as an appeal.
The Council continued to discuss which direction to go tonight.
Councilmember Klein suggested they go back and review some of the minutes when these restrictions were placed and see what the thoughts behind them were.
Mayor Carroll reopened the Public Comment for the applicant.
Darren Domingue explained that the swale is not actually the end of the disturbed pad. The artificial fill goes beyond the swale. The soils report has confirmed this. There is also a further questionable area. He stated that the carport is required for the pool house. A car would be able to back out from the carport.
Mayor Carroll stated that he would like to have this settled tonight. He stated that Councilmember DouglasÕ solution is to lower the pool house, however, his solution would be to landscape it, lower it l½ feet and limit the amount of dirt to be moved.
Mayor Pro Tem Borrowe suggested denial without prejudice, which will allow the applicant to submit a new design that does not break the rules.
Councilmember Klein noted that his issue is with grading. He stated that he has no answer for the privacy issue and suggested that maybe the neighbors can get together and discuss some compromise to please everyone.
City Attorney Colantuono stated that the neighbors concerns were ÒdrainageÓ which the Engineer can resolve, and the ÒviewsÓ, which are not the type of view impairment that the CityÕs ordinances protect. The Commission was most concerned with the ÒprivacyÓ issue. They responded to it with the landscaping condition. The other possibility is to lower the pool house. He noted that the way he understands the concern is not how deep you dig, but how much it extends.
Mayor Pro Tem Borrowe stated his opinion that if we approve this project it might set a precedent for the entire city that we do not want to deal with.
Councilmember Klein offered a motion to remand this item to the Planning Commission without the expectation that it returns to the Council, that the Council interprets the grading restrictions of the Specific Plan to prohibit additional grading outside those areas identified as natural in the Specific Plan document without Commission approval and that the Planning Commission approval should allow additional grading only if the effect of the grading is to arrive at a more natural appearing landscape. The November 2 memo from City Attorney ColantuonoÕs office should be used as an interpretation of the Plan and the Commission should work with staff to amend the Plan. The other homeowners and the HOA can possibly help with a solution. The motion was seconded by Councilmember Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein, and Millsap
NOES: None
ABSENT: None
Councilmember Douglas noted for clarity to the Commission on the drainage issue that drainage alterations are permissible as long as they do not create a nuisance.
City Attorney Colantuono suggested that staff prepare a Resolution embodying these directions to the Commission for adoption on consent and that this shall not hold up the application. This will be helpful along with the November 2 memo to make a decision before any amendments are made.
CITY MANAGERÕS REPORT
City Manager Hendrickson allowed Senior Management Analyst Orchanian to give her report first so she can leave.
á Quarterly cleanup January 10, 2004, 8:00 A.M. – 1:00 P.M., at ÒThe ParkÓ - upper parking lot. This is open to La Habra Heights residents only. No hazardous waste accepted.
Ms. Orchanian explained that Waste Management would be handling the cleanup this time. She stated that residents should bring green waste and bulky items (furniture and appliances). She reminded everyone that they will not accept hazardous waste items, which includes e-waste as well. Be sure to bring proof of your La Habra Heights residence. She also stated that both waste companies will pick up Christmas trees. They will pickup Christmas trees between December 26 and January 9. Waste Management will take Christmas trees at this cleanup day.
á LA County Sheriff Sales Tax Proposal for the November 2004 ballot.
City Manager Hendrickson noted that LA County Sheriff, Lee Baca is preparing to place a ½ cent sales tax increase on the ballot that would be dedicated to local law enforcement. He is doing this because of the loss of the VLF as well as the uncertainty of a backfill for the VLF loss. If the VLF loss is not backfilled, La Habra Heights will lose about 15% or $240,000 for the General Fund. Law Enforcement is paid mostly from the General Fund.
á Proposed proposition ballot measure by League of California Cities.
Mr. Hendrickson stated that the State has shifted costs for numerous state-sponsored programs to local government and delayed reimbursements to local government required by constitution. With this continued loss of revenue, the League of California Cities believes it is time to turn directly to the citizens of California with the problem through a ballot proposition. The proposition does not propose an increase in taxes. It does not propose to repeal laws the state has already passed. It will not require the refunding of property taxes already taken nor affect the funding for schools. It will not even prevent structural reform of the fiscal system, but it will require the Legislature to only shift these costs in collaboration with local government and receive approval of the voters. Mr. Hendrickson suggested that the City support that measure in November.
16. CITY ATTORNEYÕS REPORT
No report was given.
17. PLANNING DIRECTORÕS REPORT
Not Applicable.
18. CITY ENGINEERÕS REPORT
No report was given.
Mayor Carroll asked if the striping on Hacienda Road was continuous or if it was just going to be at the curves.
The City Manager explained that the City Engineer had told him that it would be continuous.
Councilmember Millsap noted that the question had been asked if the rumble strip had to be grooved.
Mayor Carroll answered that the City Engineer had contacted the manufacturer and that it only had to have grooves in snow areas because of the use of snow plows.
19. FIRE CHIEFÕS REPORT
Fire Chief Nielsen noted that the Fire Department will be open on Christmas Day and New Years Day. He stated that he has been concerned for the VOPs at times and he would like to have portable fire radios issued to the VOP group out of the CLEEP money so they can communicate with the Fire Department when they are out of their vehicle.
Councilmember Millsap reminded the Chief that a resident had offered to donate funds for the City to use however it was needed. She suggested that the Chief should contact this person.
Chief Nielsen stated that each radio costs $560.
Chief Nielsen noted that there are many two story homes in the city and he recommends that residents get escape ladders to exit from the second floor in case of an emergency.
Mr. Nielsen stated that class 34 will graduate on Saturday, December 27, 2003 at 10:00 A.M. in the multi-purpose room. No food will be served.
Mayor Carroll asked what triggers the need to install sprinklers in a building.
The Fire Chief clarified that separate structures require sprinklers if they are 600 square feet or over.
Fire Chief Nielsen answered Mayor Pro Tem Borrowe that testing will begin for a new class on January 31st and a new class should start the first week of March 2004.
20. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Ault reminded residents to walk near the edge of the road and not near the middle for safety.
The latest phone scam when someone calls and asks you to dial Ò9-0-#Ó is not of concern to home residents as this is pointed toward businesses.
Lieutenant Ault emphasized that this is a season when we all need to keep our doors and cars locked. Thieves are looking for quick and easy targets.
Councilmember Douglas mentioned the waiting time to get on to Hacienda Road from Avocado Crest and asked if there was anything the SheriffÕs Department could do to help this situation.
Councilmember Millsap suggested that the signal at Skyline might be adjusted to help the situation. It might help to adjust the signal at West Road also.
Lieutenant Ault noted that all such questions should be referred to the City Engineer.
21. COMMISSION/COMMITTEE REPORTS
The City Manager noted that we have almost $400,000 for The Park, which does not include the $12,000 mentioned tonight. Out of the full amount this year we have spent $41,877 leaving a balance of about $356,000. There are restrictions on each grant.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
No comments.
Mayor Carroll adjourned to a Special City Council meeting on December 16, 2003.
ATTEST:
____________________________________
CITY CLERK, JOHN F. HENDRICKSON