CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
MARCH 11, 2004
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.
Existing Litigation:
Name of Case: Masacco vs. La Habra Heights
á CONFERENCE WITH LABOR NEGOTIATOR
CITY NEGOTIATOR: John Hendrickson, City Manager
UNREPRESENTED EMPLOYEES: All City Employees except City Manager
á PERSONNEL
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
1. CALL MEETING TO ORDER
2. ROLL CALL
Present were: Mayor Carroll, Mayor Pro Tem Borrowe, Councilmembers Douglas, Klein and Millsap. Also present were City Attorney Colantuono, City Manager Hendrickson, Senior Management Analyst Orchanian, Fire Chief Nielsen, Sheriff Lieutenant Ault and Captain Smith, Deputy City Engineer Lang and Community Development Director Alexander.
3. FLAG SALUTE
Mayor Carroll asked Joey Amaro to lead the flag salute.
4. PRESENTATIONS
á Joey Amaro, Los Coyotes.
Mr. Amaro, La Habra resident, stated that Los Coyotes was a non-profit youth service organization sponsored by the La Habra Fire Department and the Employees Association. He explained that they provide services for young children up to senior citizens. He noted that he had spoken to our Senior Management Analyst Orchanian to work out ways we can help each other. He stated that they will exchange manpower with us when it is needed. He also noted that his group would be providing face painting for our Emergency Preparedness Fair, the Avocado Festival and other events. He welcomed us to attend their meetings.
á John Nielsen, Fire Chief, Why And When to Call 911.
Fire Chief Nielsen explained that the reason we use 911 in an emergency is to speed up the response. The call will be immediately routed to our Fire Department, where the call is recorded. It is preferable that when reporting an accident to use a land phone rather than a cell phone as cell phones usually get routed to a highway patrol group, which may not be anywhere near us and cause a delay.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Ms. Sauble noted that their theme this month is Emergency supplies. She spoke about the Health and Safety Fair which will be held May 8, 2004 from 10:00 A.M. to 3:00 P.M. at The Park. She noted that the Fair will have elements of Emergency Preparedness and Health and Safety. She also explained that the Fire Department will also be providing food for their Cinco de Mayo celebration at that time.
á Public Works Committee.
Mayor Carroll explained that there was no Public Works Committee report tonight.
Mayor Carroll asked if the City Attorney had anything to report on the Closed Session.
The City Attorney noted that the Council had added two items to the Closed Session. One was a continued discussion of the potential initiation of litigation regarding 707 Dorothea. The Council received a status report, but did not take an action.
Mr. Colantuono stated that the three (3) agendized items did not have an action that requires a report at this time.
Mr. Colantuono also noted that the second added item was for continued negotiations with Los Angeles County for the purchase of their property on Hacienda Road at West Road. The Council advised the City Manager to inform the County in writing that the City has an interest in acquiring the property.
Mayor Pro Tem Borrowe commented that the Council was interested in moving the Fire Department and City Hall to the above mentioned property to improve the present facilities and sell the present property. He stated that he was concerned that the County wants to sell their property Òas is.Ó He felt this was a dangerous thing to do in case there is any ground contamination. He also noted that the Council has already conducted a Phase One test and has been asked for money to do a Phase Two test. He felt the County should certify the land for lack of contamination before selling it. He felt that this has not been considered carefully.
City Attorney Colantuono explained that the County has offered this property as surplus and is required to offer it at appraisal value. We have not made any decisions about building on the land. That would require Planning and Public Hearings before the Community prior to acting on that. If the City buys the land it allows the City to decide what happens on that land. It is three (3) acres in size. He explained that the Council has done a Phase One test and is advised that they do not have to investigate further due to the history of the land. We are doing a Phase Two analysis to make sure we are not buying a problem. The only problems we can imagine would be something related to agricultural use because it was a citrus grove.
Mayor Carroll suggested that they advance some of the items 11, 16, and 12 on tonightÕs Agenda to accommodate the many people here to speak.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Nina Guerini, Le Flore Drive – spoke of dangers from bicyclists. She noted that if we encourage bike lanes we need liability insurance for such accidents.
Norm Zezula, Canonita – spoke of his approval of further testing for the County land we are considering. He noted that there is a specific group of Engineers that investigate land failures.
Rick Martin, Reposado – commented that a great deal of careful thought needs to precede a move of the Fire Department or City Hall.
Davida Pearson, Bonnie Jean – asked if the Sheriff does not cover the City without the City paying extra at certain hours, how long would it take them to get to a call if a sheriff was not patrolling in the area.
The City Attorney stated that we could not publicly put information regarding hours over the air, but the City does contract for certain hours and if we go over that amount they either adjust it the next quarter or we pay for it.
City Manager Hendrickson stated that they do rate their calls in order of importance and can answer them from other areas as needed.
Mr. Fratello, - asked if a stop sign could be placed at Solejar and West Road to decrease the danger at that intersection.
Deputy City Engineer Lang explained that they have looked at that. He stated that he did not think a stop sign would work at that intersection. The Public Works Committee is going to look at the situation for a solution.
Shelley Andros, Lamat Road – thanked the Community for responding to the program presented by the Habitat Authority and one of the members would present the quarterly reports to the Council starting next month.
Jeffrey Miller, representing the Sierra Villa Planning Group – explained that they have an alternative plan for the Aera area. He stated that they have a plan with much more open space consciousness with only about one third of the homes planned by the Aera group. He stated that the Sierra Villa Planning Group would be glad to make presentations on their plan if the Council would like.
Stan Quade, Encanada – expressed his concern for the large amount of rubbish left at The Park by the weed abatement contractor. He also noted that the sign warning about the dogleg curve has been down for three weeks. He stated that this is a danger. He also explained that the railroad ties in the upper parking lot at The Park have still not been anchored down as promised, also the horse trough is full of mosquitoes.
The City Manager explained that he told the contractor that he has to remove the rubbish now. He also explained that the downed road sign is on the County side and they have been notified.
Senior Management Analyst Orchanian stated that she has not had time to get someone to tie down the railroad ties yet. She did not think they were in disarray.
Mayor Carroll commented that the possibility of liability to the City from bicyclists on our streets as commented by Nina Guerini should be answered.
City Attorney Colantuono explained that the City would not be held liable as long as we maintain our streets in a reasonably safe way. We do have insurance for this. He noted that he did not think this influenced the General Plan in any way.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – FEBRUARY 2004
Councilmember Millsap offered a motion to receive and file the February warrants in the amount of $326,066.18. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – JANUARY 2004
Councilmember Millsap offered a motion to receive and file the TreasurerÕs Report for January 2004. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The TreasurerÕs Report consists 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
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of the Special Meetings of the City Council of February 5, 2004 and February 19, 2004, and the Regular City Council Meeting of February 12, 2004.
Councilmember Klein offered a motion to approve the minutes of the February 5, 2004 Special City Council meeting as presented. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to approve the minutes of the Special City Council meeting of February 19, 2004 as presented. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Millsap made a correction on the minutes of the Regular City Council meeting of February 12, 2004 on page two (2) in the last two paragraphs of the Presentations by Captain Smith, the name ÒCaptain BlackÓ should be changed to ÒCaptain SmithÓ. She also noted that in that second paragraph and in the first paragraph of the presentation, the name ÒChillsonÓ should be spelled with one ÒlÓ.
Councilmember Klein offered a motion to approve the minutes of the February 12, 2004 regular City Council meeting as amended. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
Item 11 was taken out of order and renumbered as item 8.
8. ADOPTION OF THE 2004 GENERAL PLAN AND IMPLEMENTATION PLAN; CERTIFICATION OF THE EIR.
Mark Blodgett, Consultant, presented an overview of what has been done with the General Plan since the last meeting. Revisions have been made as requested. If the General Plan is adopted by the City Council we will have a copy for the Public to look through at the Fire Department tomorrow. The copy can not be removed by anyone. Monday, documents will be recorded and available at City Hall.
City Attorney Colantuono asked if there were any other changes made to the General Plan.
Mr. Blodgett stated that there were no further changes made. Copies available for purchase should be ready on Monday.
Mayor Carroll opened the Hearing for Public Comment.
Judy Francis thanked all those who had worked on the General Plan and called it a work of compromise and asked that it be adopted tonight.
Lette Ferrero, Casalero, distributed and read a letter from her legal counsel. The letter mentioned disagreement with Land Use Policy six (6). The letter requested that the final clause of this be amended to read Òto allow permitted use of the land.Ó Land Use element 43 should have the phrase Òor exceedÓ removed.
Rick Martin, Reposado, expressed his concern as to the cost of implementing the General Plan. He felt this should be discussed before the General Plan is adopted.
Katie Martin, Reposado, noted that it has been stated that remodel standards have been relaxed, but no example has been stated. She also felt that there would be a large implementation cost for the General Plan. She stated that she was opposed to the General Plan because she felt there were conflicts between the local ordinances and State law and she also felt there was conflict between other items. She stated that the General Plan only represented a small percentage of the community.
John Beau, Casalero Drive, expressed his appreciation of all those who worked on the General Plan and Staff. He urged that the General Plan be adopted.
Mayor Carroll closed Public Comment and turned the meeting back to the Council.
City Attorney Colantuono commented on the letter from Ms. FerreroÕs Counsel. He stated that the CounselÕs comments were policy questions and he did not feel the changes were required.
Mr. Colantuono explained that as far as the cost of implementing the General Plan, there is some mention of that in the Environmental Impact Report, but beyond hiring consultants to help with the zone ordinance rewrites, the bulk of the implementation work is expected to be handled by Staff.
Mr. Colantuono stated that he was not aware of any conflicts as Ms. Martin mentioned. There has been considerable time and opportunity for Public Comment both before and after the Brown Act problem on the General Plan.
City Manager Hendrickson noted that as to the implementation cost, there are required Air Quality and Water Quality plans that have to be implemented whether in the General Plan or not. The largest cost will probably be the rewriting of the ordinances. We are also required to prepare an Emergency Preparedness plan by November. We are working with Area E Cities on this plan, which will cut down the cost. The trails program mentioned earlier will not be paid from the General Fund money, but from Grant funds. This trail plan was for non-motorized use, which would include equestrians.
RECOMMENDATION: Adopt all Resolutions as prepared or amended.
a.) RESOLUTION NO. 04-09 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
A motion was offered by Councilmember Klein to adopt Resolution 04-09. Seconded by Mayor Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
b.) RESOLUTION NO. 04-10 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE 2004 LA HABRA HEIGHTS GENERAL PLAN.
A motion was offered by Councilmember Klein to adopt Resolution 04-10. Seconded by Councilmember Millsap:
Mayor Pro Tem Borrowe thanked the General Plan Advisory Committee, composed of Commissioners, Council members and volunteers. He also thanked the Planning Commission and the City Council. Mr. Borrowe apologized to the Planning Commission because they were rushed along by the City Council, while the City Council took their time in going over the General Plan. He was of the opinion that the Council could have done much more and the survey was not given its proper importance in the General Plan study. Mr. Borrowe also stated that residentÕs views should have been given more consideration and discussion. He also felt that the mansion issues were not dealt with and more definitions were needed to make the General Plan understandable. The bullets and points used to explain what we wanted in implementation were taken out. His opinion was that the survey should have been included as an appendix.
The b.) section RESOLUTION NO. 04-10 was adopted as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: Borrowe
ABSENT: None
c.) RESOLUTION NO. 04-11 – A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS ADOPTING THE IMPLEMENTATION PROGRAM FOR THE LA HABRA HEIGHTS 2004 GENERAL PLAN.
Councilmember Klein moved to adopt Resolution No. 04-11 for the Implementation Program. Seconded by Mayor Carroll and approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: Borrowe
ABSENT: None
Item 16 was taken out of order and renumbered as Item 9:
9. PERMISSION TO CONSTRUCT THE HORSE ANNOUNCERÕS BOOTH IN MEMORY OF JOHN ERICKSON IN FISCAL YEAR 2004-05.
The City of La Habra Heights Parks and Recreation Commission is requesting approval to construct a horse announcerÕs booth in memory of John Erickson.
RECOMMENDATION: Grant Commission permission to construct horse announcerÕs booth.
Senior Management Analyst Orchanian presented a history of John Erickson and the development of the wish for the horse announcerÕs booth. It was agreed that it could be built if the Highland Riders would contribute at least 50% of the project cost. As a result, we budgeted $17,500 for Fiscal Year 2003-04. During the course of the year, Staff was notified that there were additional park grants available. Upon hearing of his passing, Chairperson Vecchione was consulted and we came to a consensus to place the item on the Parks and Recreation CommissionÕs February Agenda. During its February meeting, the Commission recommended that we pay the entire cost of said project through our 2002 Resources Bond Act (Per Capita grant) and dedicate in memory of Mr. John Erickson. City Staff anticipates the cost to be $35,000-40,000 from the Per Capita grant.
Ms. Orchanian further stated that this booth can provide storage for some horse items and this also could provide an EOC center in case of a disaster.
Mayor Carroll opened the item for Public Comment.
Judy Francis. Spoke in favor of building the horse announcerÕs booth and it appropriately be dedicated to the memory of John Erickson.
Alison Pego, spoke on behalf of the Highland Riders and friends of John Erickson. She spoke in favor of the announcerÕs booth and the importance of Mr. Erickson in the community.
Mayor Carroll turned the meeting back to the Council.
Councilmember Millsap verified that the horse announcerÕs booth would belong to the City, but would be available to any other group.
Councilmember Klein made a motion to approve building the horse announcerÕs booth. Seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
APPEAL
Item 12. Is taken out of order and becomes Item 10:
10. STANDARDS MODIFICATION 2003-15 (DEVEY) 1552 VISTA DEL VALLE
An appeal of Planning Commission decision approving Standards Modification (SM) for View Preservation to exceed the 750 square foot building area and Setback Encroachment to encroach 12.5 feet within the 25 foot side yard setback area for construction of a residential building addition at the above address within the RA Zone.
RECOMMENDATION: Deny appeal of Planning CommissionÕs decision and approve Resolution No. 04-13.
RESOLUTION NO. 04-13 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING APPEAL OF STANDARDS MODIFICATION 2003-15.
The applicant is Wayne Devey, at 1552 Vista Del Valle Way. Community Development Director, Mathew Alexander, gave a brief background of the project approved by the Planning Commission. He also reported that this appeal is brought by Mr. DeveyÕs neighbor, Zachary Brown at 966 West Road. Mr. Brown objects to the building being over 16 feet in height as it interferes with his view from a patio area toward the rear of the property.
Mr. Alexander stated that the highest point on the addition has been certified by an Engineer at approximately 21 feet from the finished grade to the top. He stated that the BrownÕs view is the only one affected by the new construction.
Mr. Alexander stated that a View Preservation Modification is required because the size of the structure is over 750 square feet in size and over 16 feet in height. He also noted that the regulation only protects a single one principle view, not peripheral views.
Mr. Alexander explained that the Planning Commission followed all the rules of notice and found that the encroachment 12.5 feet into the setback would not result in a significant lose of privacy for any of the surrounding neighbors and that denial of the approval would result in unnecessary hardship and difficulty to the applicant. The approval would be consistent with the goals and policies of the General Plan.
City Attorney Colantuono explained that the new General Plan does not apply to this application. It will only apply to applications that are not finished as of the approval of the new General Plan.
Mayor Carroll opened the meeting to Public Comment.
Zachary Brown, West Road, noted that the Planning CommissionÕs approval was based on story poles that were inaccurate. He stated that the outstanding issues are the proposed height of the entry tower addition and the height of the garage addition. Mr. Devey came back to the January meeting with a new design and we felt the issues had been resolved. We believed that the removal of the office from the top of the garage would take the height from 20 feet to 12 feet. We were greatly surprised to find that the garage would be 16 feet, not 12 feet. The story poles did not show the correct height at different times. The tower was changed to be 20 feet at the January meeting. Mr. Brown stated that the tower third floor looks down on his home, interfering with his privacy. He noted that lowering the garage and tower by four (4) feet would not result in unnecessary hardship and difficulty to the applicant. These items along with the setback invasion do form a cumulative impact for both the setback modification and the height of the project. He asked that the approval of the Standards Modification be granted only if the height of the garage and the tower both be lowered by four (4) feet.
Mrs. Brown explained that the view from their deck area is greatly enjoyed by them and they donÕt want the view destroyed by the DeveyÕs project.
Ruth Devey, Vista Del Valle Way, explained that the story poles explaining the height of the buildings were up for some time. We did change the plans to appease the Browns. She stated that the final plan that you have tonight is what we really would like to pursue. After the approval of their project they waited a week before removing the poles. Ms. Devey stated that in her opinion there was no view from the BrownÕs deck. She also noted that there had been several trees removed to build the deck and there were very bright lights coming from this deck area.
Barbara Stracner, Cloister Drive, noted that there was a very nice view from the BrownÕs deck. She stated that at last monthÕs Planning Commission meeting a house with a very similar tall tower was turned down and suggested that this one be lowered to sixteen (16) feet.
Mayor Carroll noted that each side would have three (3) additional minutes for rebuttal.
Judy Brown noted that the night before the Planning Commission approval, she talked to Commissioner Karman and showed him that the story poles for the tower were eight (8) feet wide and approximately sixteen (16) tall. He suggested at the meeting that the Commissioners should measure the tower poles before making a decision. By the next morning the poles had been widened to fourteen (14) feet. She explained that their position from the very beginning has been that the two structures were too tall.
Mr. Devey stated that the poles had been knocked down by someone backing into them at least two times. He then noted that BrownÕs graded for their deck without permits.
Mayor Carroll closed the Public Comment and turned the meeting back to the Council for discussion.
Councilmember Douglas asked the Community Development Director if approval was according to the story poles or the plans.
Mr. Mathew Alexander explained that the minutes noted that the story poles must be verified before entering plan check. The Interim Community Director went out the next morning to measure and stated that according to her it seemed to be appropriate.
City Attorney Colantuono explained that he told Interim Community Director Massa-Levitt that if she believed the story poles that the Commissioners viewed meaningfully differed from the project the Commissioners approved, she should re-notice the project before the Commission adopted the Resolution. They went ahead and adopted the Resolution. The appeal has happened and has provided the City with an opportunity to determine that the story poles that the Commission viewed were accurate. There is a certification from a licensed Engineer in the packet that tells you that the story poles you viewed were accurate. He stated that this is probably the best resolution we will get.
Commissioner Douglas noted that originally the garage was about twenty (20) feet tall but after agreeing to remove one (1) story, did the Commission realize that it would only lower the garage four (4) feet rather than eight (8) or nine (9) feet?
The Community Development Director stated that they may have misunderstood that.
Councilmember Douglas asked if there was going to be a new roof on the present house; does the ridgeline of that structure change?
Mr. Alexander stated that he did not think so.
Mayor Carroll asked the City Attorney if the issue was sent back to the Planning Commission, would it come under the old General Plan or the new one.
City Attorney Colantuono explained that as long as this application remained a viable application in the City, it would be considered under the old General Plan. Any new application would come under the new General Plan.
Mayor Carroll asked if the Community Development Director knew of the discussion that went on in the Commission about the encroachment into the setback.
Mr. Alexander stated that the minutes did not record much of that discussion. It has been stated that this was the most logical place for a garage due to the lot configuration.
Councilmember Millsap stated that she spoke to Commissioner Karman and asked him if he thought he was approving the 16x8 foot tower or the 21 or 22x14 tower. Mr. Karman told her that he thought he was approving the 21 or 22x14 tower. He was using the plans.
Mayor Carroll stated that he did not see a view impairment, only the encroachment into the setback. He suggested that if there was an issue on impervious coverage or grading we relax on that, but he would like to see a more strict enforcement of the setback.
Councilmember Douglas stated that according to the first meeting on the project the BrownÕs did not object to the setback encroachment. Mr. DouglasÕs opinion was that the BrownÕs thought it was being approved at one story above grade, not one and one half. He stated that he would like to see the Deveys bring the garage and tower down to where the BrownÕs thought it was. He stated that he did not have a problem with the setback encroachment since the BrownÕs have agreed to it.
Councilmember Millsap asked if they could talk about the impervious coverage.
Councilmember Klein asked where the 2550 square feet of existing impervious coverage is located.
Deputy City Engineer Lang explained that the Resolution stated that the amount of impervious coverage would be checked before issuing building permits.
Councilmember Klein stated that there were no solid figures they could depend on. We need to know what the impervious coverage is and where it is. For that reason, he stated that he had no interest in moving ahead on the project. He also stated that he saw no reason the garage had to be 50% into the setback.
Councilmember Douglas stated that to him the impervious coverage was not the issue, it is privacy.
City Attorney Colantuono noted that there was a plan in the packet titled ÒGRADABLE AND IMPERVIOUS MAPÓ. According to those figures they will be over the impervious coverage by 238 feet. They cannot replace cement with gravel for credit as it would still be impervious coverage. It would have to be converted to dirt or sod. He stated that this map is certified with an EngineerÕs seal.
Deputy City Engineer Lang noted that they had no reason to feel this was inaccurate.
City Attorney Colantuono stated that the Staff used the tape change intermission to discuss with the City Engineer and the applicant the imperious coverage and grading issue. Two things came from the discussion.
1. The Deputy City Engineer has no reason to distrust the seal on the ÒGradable and Impervious MapÓ, but he has not personally confirmed the figures. One condition of approval would require him to confirm the figures.
2. The consensus of the Staff seems to be that we are 230 feet over on the impervious coverage. That can be corrected in one of two ways.
a. By processing the Standards Modification to allow the excess impervious coverage. This can not be done tonight because it was not noticed.
b. To impose a project condition requiring them to eliminate the 230 feet by shrinking a building by that amount, or shorten the driveway and substitute turf or dirt in that amount.
Mayor Pro Tem Borrowe asked if we are sure the current story poles reflect the current plan. Do the story poles reflect the twelve (12) foot garage height?
Community Development Director Alexander stated that the certification of the Engineer from Mr. Devey only shows one height, twelve (12) feet.
Mr. Borrowe asked what height the Planning Commission had approved for the garage.
Mr. Alexander stated that they approved the garage at twenty (20) feet.
Councilmember Douglas felt it was not clear to the Planning Commission what they approved. He felt the story poles were unclear. Probably everyone thought they were losing twelve (12) feet with the one story, not four (4) feet.
Mayor Pro Tem Borrowe explained that he thought it was good for neighbors to work out conditions. He stated that he did not like the setback encroachment. That is for reason of privacy. He stated that he would like to see the big wall dropped down to aid in the privacy. He felt the view should be considered from the whole property. The impact of the garage on the neighbors would not be as great if it was lowered. He was concerned that the tower as it is could become a third floor.
After considerable discussion by the council, City Attorney Colantuono noted that the Council has three choices:
1. Decide exactly as the Planning Commission did.
2. Deny the application.
3. Approve the application on slightly different conditions.
If re-siting the garage on that steep slope, staff may not be able to tell exactly what the consequences of that will be in compliance with other standards, because of creating a design problem that has not yet been defined. He explained that he did not think further mediation was the quickest path to a solution.
Councilmember Klein stated that his solution would be to give mediation between the DeveyÕs and the Browns another month. He noted that he felt sufficient instructions have been given to both parties. He stated that he would like to see things lowered or moved more out of the setback.
Councilmember Douglas suggested they drop the roof down.
Mayor Pro Tem Borrowe asked if this included lowering the tower.
Councilmember Douglas answered in the negative as he did not think there was any view impairment involved with the tower.
City Attorney Colantuono stated changes in the Resolution on page two (2), item two (2) under View Preservation, add to the first sentence Òor from Public Property.Ó Change ÒPlanning CommissionÓ in the next sentence to ÒCity CouncilÓ and add after Òthe subject propertyÓ (in the same sentence) Òis taken from the residence andÓ É. also add after due to the ÒdownhillÓ topography.
On page three (3), Standards Modification, paragraph three (3), add to the sentence Òbeyond the impact that arises from the existing home which was lawfully constructed prior to the adoption of the City zoning ordinance.Ó
On number four (4) add to this sentence Òbecause the site is down slope and far removed from the residence on that property.Ó
On number five (5) add to the sentence Òbecause of the location of the existing house, which is immediately adjacent to the setback, in a corner of the lot adjacent to the Brown property and the goal of the project to provide a garage adjacent to the existing house.Ó
Mr. Colantuono next noted that under Planning number one (1), add to the sentence, Òexcept that the garage shall be reduced to a height of twelve (12) feet from the finished floor at grade to the roof peak and 230 feet of excess impervious coverage shall be removed before a permit is issued so that impervious coverage does not exceed 5020 feet.Ó
Mr. Colantuono noted that on page four (4), number six (6), strike ÒIf a Grading Plan is preparedÓ and capitalize ÒStorm DrainÓ.
Mr. Brown questioned that his primary view might not be from the house as supposed. Mr. Brown also clarified that the finished grade of the garage would be considered what is on the plans.
City Attorney Colantuono agreed that the finished grade spoken of in ÒPlanningÓ number one (1) is that which is shown on the plans and he explained that Mr. BrownÕs primary view could be brought up at a later date, but for tonight it is considered to be from the house.
Councilmember Klein noted that they have always gone with the Òprimary viewÓ is considered from the house. It may be changed with the new General Plan ordinance.
Mrs. Brown stated that she did not want to define where her primary view was right now.
Councilmember Douglas noted that in the Resolution Zachary BrownÕs name is misspelled. He stated that there are a few small mistakes throughout the Resolution.
Councilmember Douglas waived full reading and adopted as amended Resolution No. 2004-13. Seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
Item number 8 was taken out of order and became item 11: Mayor Carroll stated that the old item 8 and 9 will be taken together, and Item 9 will become item 12.
11. 2004 WEED ABATEMENT PROGRAM.
A public hearing to receive and consider property ownersÕ comments relating to the 2004 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.
12. PUBLIC HEARING FOR RESOLUTION NO. 04-07 – PLACE DELINQUENT WEED ABATEMENT ON TAX ROLLS.
Request for authorization to place weed abatement charges on tax rolls of property owners who have been uncooperative in trimming their weeds and have neglected to pay the cost the City has expended to get these weeds trimmed.
RECOMMENDATION: Approve the placement of charges on the property ownersÕ tax roll.
RESOLUTION NO. 04-08 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CONFIRMING A REPORT ACCOUNTING THE COSTS OF WEED ABATEMENT AND CONFIRMING AND ORDERING THE ASSESSMENT OF SUCH COSTS.
City Attorney Colantuono explained that the purpose of these two items is to allow anyone who would like to speak or disagree on these two items the opportunity to do so. Mr. Colantuono suggested that since no one wishes to speak, the Council both open and close the Public Hearing on these two items.
Councilmember Douglas asked the Fire Chief if he knew how much money is owed to us on these two actions.
Fire Chief Nielsen answered that the amount is roughly $13,000. This is difficult to track as this is the first year we have done it this way.
City Attorney Colantuono explained that there are six parcels that L.A. County refused to take care of.
Mayor Carroll opened the Public Hearing. There was no one in the audience, and he closed the Public Hearing.
Councilmember Klein offered a motion to adopt both original item eight (8) and original nine (9), new items 11 and 12, (Resolution No. 04-07.) The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Old item 10 is now new item 13.
13. FEDERAL TRANSIT ACT SECTION 5310 GRANT PROGRAM.
Request for authorization to apply for grant funds from the Federal Transit Administration for the purpose of replacing the CityÕs existing Dial-A-Ride van with a new cut-away van.
RECOMMENDATION: Adopt resolution certifying eligibility to apply for Federal Transit Administration Section 5310 grant funds.
RESOLUTION NO. 04-08 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CERTIFYING ELIGIBILITY TO APPLY FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT FUNDS.
Senior Management Analyst Orchanian presented the Staff Report requesting to apply for Federal Transit Administration Section 5310 grant funds to replace our existing Dial-A-Ride van with a new cut-away van. She stated that the City of Whittier and the City of La Habra Heights will work together in this. We meet all of the criteria. The grantee must pay 20% of the cost. Whittier will pay half of this and we will pay the other half. Our half will come from Prop C funds. Whittier will use its Prop A funds. Both cities will contribute $4500. This application takes a year before we know for sure if we will get the van. The vehicle will be registered under our name.
Councilmember Klein moved to adopt Resolution No. 04-08. The motion to adopt was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CONSENT AGENDA
Taken out of order. Old Item13 is now new Item14.
14. HEIGHTS CHRISTIAN SCHOOL PROJECT
It is recommended that item 14 be acted upon by motion of the City Council unless separate discussion and/or action is requested by a Councilmember or a member of the audience.
February 2004 State Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Councilmember Douglas offered a motion to receive and file. Seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
Taken out of order. Old Item 14 is now new Item 15.
15. GIS SERVICE AGREEMENT
Request approval to sign a 5-year agreement with Digital Map Products to provide technical hardware, software, and personnel in operating a Geographical Information System (GIS) for the City of La Habra Heights.
RECOMMENDATION: Approve GIS service agreement with Digital Map Products.
City Manager Hendrickson explained that he had been asked to bring this item back when the new Community Development Director, Mathew Alexander had a chance to consider the item. Mr. Hendrickson noted that Mr. Alexander has written his memo, stating his favorable recommendation of the system. Mr. Alexander also noted in his memo that he spoke to Mr. Markham from our Fire Department and he also felt this company will meet our Fire DepartmentÕs needs.
Mayor Carroll asked the City Attorney if there were any problems with the agreement.
City Attorney answered in the negative.
Councilmember Douglas asked for confirmation that we are not planning to buy all the items listed in exhibit F. He stated that we did not have to have an updated Hazardous map every year, or even an aerial update each year.
Mr. Hendrickson explained that these were what we could choose from. This was the maximum.
Mayor Pro Tem Borrowe asked concerning termination. He read that Òthis agreement may be terminated prematurely by a non-defaulting party if the defaulting party materially fails to comply with the terms of this agreement.Ó He asked who determines this.
The City Attorney explained that in order for the City to terminate them for non-performance, the City needs to have paid them for performance. He stated that he was not too concerned about it due to the relatively small amount involved.
The Community Development Director noted that everyone he had contacted was fully satisfied with the service.
Mayor Carroll moved to adopt the GIS service agreement. Seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
Item 15 is taken out of order and becomes Item 16:
16. AWARD OF BID FOR PARK GYMNASIUM KITCHEN REMODEL PROJECT.
RECOMMENDATION: Award contract to the lowest responsible bidder for the Park kitchen remodeling project.
Senior Management Analyst Orchanian reported that on March 1, 2004 Staff received one bid out of three requests. This was from De La Secura, Inc. (DBA: DLS Builders). Their bid was for $56,865.00. Staff reviewed the bid and is not recommending that City Council approve the bid tonight. The bid is twice the amount of the Engineers estimate. We would like to seek City Council direction.
City Attorney Colantuono explained that the City has three options:
1. Step up to the higher price.
2. Reduce your vision to try and get it done affordably.
3. Serve as your own master contractor.
The City Manager stated that he was not happy about the third option as the City might be considered as not qualified by the Department of Health. He stated that his opinion was that there was no way they could get the price down $28,000.
Mayor Carroll offered a motion that the Council reject the bid and have Laura come back with different bids and check the third option with the Health Department. Seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
17. AMEND RULE V (PAY PLAN) OF THE CITY PERSONNEL RULES AND REGULATIONS.
Request approval of amendment made to Rule V (Pay Plan) of the City Personnel Rules and Regulations. Amendment directs change to a Pay-for-Performance System (Merit) and eliminates steps in grade; realigns grades and salary schedule.
RECOMMENDATION: Adopt Resolution No. 04-12 approving amendment to Rule V of the City Personnel Rules and Regulations.
RESOLUTIONS NO. 04-12 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING RULE V (PAY PLAN) OF THE CITY PERSONNEL RULES AND REGULATIONS.
City Manager Hendrickson reported that they have been discussing this present Pay Plan and changes to it. The present plan is called a Grade and Step plan adopted from the old L. A. County policy which had sixty-one grades and five steps. This was not very applicable to our size City. He noted that the Council has expressed a desire to streamline that process and to provide a way that the Manager and Supervisors could provide a way to evaluate and reward performance. This is known as a Pay for Performance plan. This would eliminate the steps. There would now be ranges, or pay bands on each of nine steps. There will be job descriptions for each one. The range may or may not be adopted with this Resolution. All that needs to be changed is Rule V. This also covers when raises may be given and they are generally to be given by the City Manager. It states that the City Manager will see that the raises are given fairly and impartially and equally.
Mayor Carroll asked what is needed to see this is done retroactively.
The City Attorney explained that the Resolution needs to be adopted and then the Council needs to direct Mr. Hendrickson to see that it is carried out retroactively back to the beginning of this fiscal year by minute action where the evaluation justifies it.
Councilmember Klein offered a motion to adopt Resolution 04-12. Seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein offered a motion to direct Mr. Hendrickson to see to retroactive pay as described by the City Attorney. Seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Attorney Colantuono noted that this will come from budget money not Public Funds as we have been negotiating for this all year.
ADMINISTRATIVE REPORTS
18. CITY MANAGERÕS REPORT
á PARAMEDIC AND AMBULANCE SERVICE TO LA HABRA HEIGHTS
The City Manager explained that in February 2004 the City of La Habra wrote us giving us a 90-day notice that they were terminating our agreement for paramedic service because they have determined that it costs them more then we are paying for the service. La Habra indicated that they wanted almost $200,000 per year for their services. Mr. Hendrickson stated that we are trying to figure out how they came to this figure of their cost. Since they are considering going with L.A. County for their service, we approached the County and they agreed to honor whatever agreement we came to with La Habra.
Mr. Hendrickson noted that he hopes to be ready to make a recommendation of the most cost affective way to go by the April meeting. La Habra does expect us to move on this decision quickly.
Fire Chief Nielsen explained that many services that have been free will soon have to be paid for as money tightens up in fire departments. He stated that La Habra Heights has received a very satisfactory service from La Habra. He stated that we have not paid La Habra more than $10,000 per year covering what they could not collect from individuals or insurance. We would not have to pay their non-collectable ($10,000), but they now want $194,000 per year. He noted that any change we make in the service would cost money. Mr. Nielsen presented several service ideas he has looked into including City of La Habra, AMR ambulance, private ambulance without medics and in house medics and ambulance.
á HILLSIDE AND OPEN SPACE EDUCATION COALITION (HOSEC)
Mr. Hendrickson explained that this is the group made up of Brea, Hacienda Heights, La Habra, La Habra Heights, Rowland Heights, and Whittier. They decided that each entity will have one vote. Bob Henderson (Whittier) was chosen as Chairman and Bruce Douglas (La Habra Heights) was chose as Vice Chairman. They appointed an Ad Hoc sub-committee to begin negotiations with AERA on purchase of the property and to identify ways of financing that purchase. The meetings are open to the public.
Councilmember Douglas commented that Carol Engelhardt three years ago contacted Brea and suggested the Cities should get together and talk about this.
19. CITY ATTORNEYÕS REPORT
City Attorney Colantuono reported that the League of California Cities is attempting to place a Constitutional amendment on the November ballot that would allow the voters of California to amend our Constitution to provide two rules. One is that if the Legislature wishes to take local government revenues that are currently flowing to local government (property tax, sales tax, a portion of the VLF) they can do that only with a vote of the people. It says that any mandate placed on cities must be paid back in 180 days or we do not have to do it. It is in the signature gathering phase.
20. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
No report.
21. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang commented that 190 Olinda has its SUSMP in place. He also noted that there have been no problems from the recent rain.
Councilmember Klein noted that a neighbor in La Habra had significant flooding. He stated that he did not believe the cisterns that were to be placed on Olinda had been taken care of.
22. FIRE CHIEFÕS REPORT
No report.
23. SHERIFFÕS DEPARTMENT REPORT
No report.
24. COMMISSION/COMMITTEE REPORTS
No Reports.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None.
CITY COUNCIL COMMENTS
Councilmember Douglas asked if we wanted to comment on a letter received from Michael Antonovich about injunctions on gangs due to gang activity.
The City Attorney stated that it was an expensive solution to a problem he was not aware that we have.
Councilmember Douglas also mentioned a letter from a concerned citizen about the oil company, BSI.
The City Manager answered that a lot of these questions would probably be answered at the Special Planning Commission Meeting with BSI on Monday, March 15, 2004.
Councilmember Douglas asked if we have a road debris ordinance.
City Attorney Colantuono stated that this is covered by a nuisance ordinance.
City Manager Hendrickson stated that we should look into seeing if there was an easier way to enforce such a cleanup than through the nuisance ordinance.
ADJOURNMENT
Mayor Carroll adjourned the meeting to the next Regular City Council on April 8, 2004 at 7:30 P.M.
ATTEST:
______________________________________
CITY CLERK, JOHN F. HENDRICKSON