CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
OCTOBER 14, 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 and that discussion in open session will prejudice the position of the local agency in the litigation.
á INITIATION OF LITIGATION
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Meeting of the La Habra Heights City Council at 7:55 P.M. Thursday, October 14, 2004 in the Multi Purpose room at 1245 Hacienda Road.
2. ROLL CALL
Members present were: Mayor Borrowe, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present were City Attorney Levin, City Manager Hendrickson, Community Development Director Massa-Lavitt, Fire Chief Nielsen, Deputy Fire Chief Hyslop, Sheriff Lieutenant Ault, Senior Management Analyst Orchanian, City Engineer Melicher.
3. FLAG SALUTE
Jerry Shipman led the flag salute.
4. PRESENTATIONS
á Marsha Coolidge: Recognition for her five-year service on the Public Works Committee.
Marsha Coolidge was not present for the presentation. Mayor Borrowe noted that she has recently resigned from the Public Works Committee and that she had provided excellent service. Mr. Borrowe asked that Ms. Coolidge be invited to another meeting so the Council can thank her for her dedication. She also owned a Slurry seal company, which increased her knowledge and service to the Community. He expressed regrets regarding her departure.
á Dr. Bradley Mullens, University of California at Riverside, will give an update on the ÒCanyon FlyÓ study.
Dr. Mullens and Dr. Gary have been involved in this study. Dr. Mullens gave a biography of what they know about the Canyon Fly. He stated that there are two species of the canyon fly in La Habra Heights. The main one he will speak about is the Fannia Conspicua.
Dr. Mullens described what they have discovered on how the flies mate. The females lay eggs, which develop into larvae which are completely different than other fly larvae. Dr. Mullens commented on when the flies are most active in the year and during the day. He stated that they are clearly at the ÒpestÓ level. They try to stay out of the hottest part of the day and they peak in July and August. They are attracted to carbon-dioxide, which people exhale. They need to feed, water is not enough. They like to lay their eggs on wilting, decaying Òred appleÓ leaves and then the larvae hatch out from the soil under the red apple plants. A lot of red apple is found in the La Habra Heights area. The flies are able to survive in quite dry soil. A solution might be if bothered considerably by these flies to take out the red apple plant. Since the flies are so attracted to carbon-dioxide, this might be a way to trap the adults. Further studies are being continued.
The audience asked various questions about the possibility of making their own traps. It was asked if there is anything comparable or more effective than the red apple as a breeding place for the flies.
Dr. Mullens stated that it was possible, but the red apple was pretty impressive with the amount of eggs. He stated that the numbers seemed to go down significantly about ¼ of a mile from the red apple residences.
It was asked if the flies make any food use of the carbon-dioxide that they are attracted to.
Dr. Mullens answered in the negative. He stated that if it was too strong it could actually kill them.
Community Development Director Massa-Lavitt suggested that anyone removing their red apple should replace it quickly with something else so as not to take away the slope stability.
Fire Chief Nielsen stated that when people started planting the red apple it was advised by the Fire Departments that it was good fire prevention.
Dr. Mullens explained that they did look at one of the ice plants and did not find any eggs under it. He stated that the red apple is very dense and low to the ground, which almost seals off the ground surface and insulates it. Something with a looser structure would probably not be as good for the eggs.
Mayor Borrowe asked if the City is complete with the agreement with Dr. Mullens and his study on the Canyon Flies.
Dr. Mullens explained that the agreement was finished, but they were interested in this and wanted to work on it a little more. He stated that if they discover anything more of interest he would not mind coming back to tell the City what they have found.
Mayor Borrowe thanked him for this.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Kathy Sauble explained that the theme for Emergency Preparedness this month is on ÒCommunity ResourcesÓ. This is a little difficult as this Community does not have many resources. She stated that this makes it important to prepare our Ò72-hour survival kitÓ to sustain us. We need basic first aid training and need to check on our neighborsÕ safety. We also need to check building damages and report them to officials. She stated that she would like to see the City develop Community Emergency Response Teams (CERT). Ms. Sauble stated that she would like some feedback on this from the Council. She stated that she could provide the people. They would need a minimum of 10 people.
Councilmember Millsap asked if Ms. Sauble was referring to people other than the Emergency Preparedness group that would be trained and on call in the event of an emergency.
Kathy Sauble explained that there would be volunteers from the Community that would be trained and the Emergency Preparedness group would also be trained.
Mayor Borrowe asked who would supervise the CERT groups
Fire Chief Nielsen explained that someone would be appointed by the Fire Department. He stated that normally it would be the instructor for the group.
Mayor Pro Tem Douglas noted that the General Plan encourages the City to compile lists of residents with medical skills. He stated that he felt the Council would be in favor of the CERT groups. The Hazard Mitigation Plan goes along with this type of program.
Kathy Sauble stated that she already has ten people.
Fire Chief Nielsen explained that the Fire Department is able to give those classes.
Mayor Borrowe suggested that the Volunteers on Patrol (VOP) would be a good group for one of these classes. He stated that the Sheriff would have to approve if they would want them to undertake that responsibility.
Fire Chief Nielsen explained that it would be good for the City Council and City staff to undergo this training.
Councilmember Millsap asked how Ms. Sauble was going to approach the residents to explain to them the importance of the training and their job in case of an emergency, and to inform people most likely to need help so they feel free to give personal information in case of an emergency.
Ms. Sauble stated that the CERT program is strictly for aid, and has nothing to do with privacy.
á Public Works Committee.
Jerry Shipman, Chairman, explained that the maintenance on the West side of Hacienda Road has all been completed. He stated that they had a meeting with John Hendrickson and Pat Lang about doing the maintenance in Zone 4 on the East side of the City. We decided to go ahead with the work. It made a lot of sense financially and it is done. There is just a little bit of cleanup left to do. A problem did occur on Cypress St. when an 18-wheeler came up Cypress to Dorothea and had trouble making the turn onto Dorothea and really tore up Dorothea and Cypress. The City and the Sheriff were called and promptly responded. The contractor agreed to pay for the repair. It was fortunate that it was seen when it happened. It has to be proved who did it to get it paid for. He stated that bonds alone will not safeguard the City and this needs to be discussed about how to keep the 18-wheelers off our narrow streets.
Mr. Shipman stated that the Public Works Committee still needs volunteers since two of their important members have left and one more may leave at the first of the year. He noted that their meetings are on Tuesday night.
It was noted that one application has been received.
Mayor Borrowe commented that he has seen many residents picking up trash along the roads. He thanked them for their service to the community.
Mayor Borrowe asked that the Council move Item 16 (LOCAL HAZARD MITIGATION PLAN, LHMP) up to immediately following the CONSENT CALENDAR because the Consultant for that item has a very long drive.
The consensus of the Council was to move up Item 16.
Keith McCarthy, Downey Mayor Pro Tem, stated that he is a candidate for the Water Replenishment District of Southern California Division 5. He stated that this would be on the November 2 ballot. Mr. McCarthy explained his qualifications.
Kathy Sauble reminded everyone of the Holiday Boutique and Car Show on October 16 from 9:00 A.M. to 3:00 P.M. at The Park. The Boutique will be in the gym. Awards for the Car Show will be at l:00 P.M. There will be food and refreshments. Volunteers will be welcome.
Tom Minich, Hidden Lane, asked for an update on the 190 Olinda water situation.
City Manager Hendrickson stated that this was discussed in Closed Session. He noted that if he could meet with Mr. Minich next week, he and the Engineer will explain the alternate plans they would like to introduce to the homeowner. The City Attorney will meet with the homeowner to explain the options and legal options available the City may provide. He stated that he would be at the Car Show on Saturday and he will provide Mr. Minich with a copy of these alternate plans. He commented that he would also do this for the other neighbor involved.
William Lawson, Hidden Lane, spoke of the 190 Olinda property water drainage. He spoke about illegal grading that was done in 1979 on the property to the east of 190 Olinda. They made a dam that backed up the water and forced it to the west and caused the water to come down on all of their properties. This is affecting 12 properties in La Habra. Mr. Lang was quoted as saying if they did not like it, sue them. He stated that they really do not want to do that.
City Manager Hendrickson stated that he would see that Mr. Lawson was also shown the alternate plans they will present to the owner.
Councilmember Carroll asked that the people across the street from 190 Olinda were also informed.
Norm Zezula, commented on how long and how much effort it took from the concerned residents to see the Sharpless Court matter finally resolved. He asked that the City enforce their General Plan and Codes. He suggested they stop approving plans that will make the problems in neighborhoods worse. This condition seems to have existed no matter who controls the Council or who is on the city staff. He suggested that the Council schedule a study session to study this problem. For new construction or remodels, require the applicant to read the General Plan and conform to it.
Fire Chief John Nielsen, stated that concern has been expressed as to how the Fire Department is staffed. He noted that each day there is a number of firemen and a Lieutenant and a Captain. Every day there is a Duty Officer on duty. They are well educated and experienced in taking control of a scene. The Duty Officer will stand back and make sure everything is performed in a safe manner. He also talks to people at the scene. Duty Officers include Chief Nielsen, Deputy Chief Hyslop, Fire Marshal Powderly and 5 other chiefs who are all required to perform these duties. Chief Nielsen stated his full confidence in all of the Captains and would be very glad to answer any questions.
Jerry Shipman commented that the City does not slurry the berms and curbs. The County will spray and seal them.
5. APPROVAL OF WARRANTS – SEPTEMBER 2004
Councilmember Klein offered a motion to approve the September 2004 Warrants in the amount of $376,279.00. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – AUGUST 31, 2004
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 City Engineers
á Payments to City Attorney/City Prosecutor
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
Councilmember Klein offered a motion to receive and file the August 31, 2004 TreasurerÕs Report as presented. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES Minutes of a Regular Meeting of the City Council Meeting of September 9, 2004.
Mayor Borrowe asked that on page 3, second bullet, the words Òwill reportÓ be changed to ÒreportedÓ.
Mayor Pro Tem Douglas asked if anything has been done about making a list of those properties where we always do the weed abatement every year.
The City Manager answered that Ruth has started to work on this list, but has not finished it.
Mayor Borrowe asked if anything has been done to get small school buses to serve La Habra Heights.
City Manager Hendrickson stated that he has talked to the Superintendent, but they are going to continue their present system, as it is more cost effective for them.
Mayor Borrowe asked that the last sentence of the last paragraph on page 8 be rewritten. He also asked that on page 10, third paragraph, second sentence, the word swarm be changed to ÒstormÓ.
Councilmember Carroll offered a motion to approve the September 9, 2004 as amended. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. IT IS RECOMMENDED THAT ITEM 8.a. THROUGH 8.c. BE ACTED UPON SIMULTANEOUSLY BY ONE MOTION OF THE CITY COUNCIL UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A COUNCILMEMBER OR A MEMBER OF THE AUDIENCE.
City Attorney Levin commented that the City Manager is passing out a revised copy of exhibit b. on 8.c.
Councilmember Klein asked to pull 8.b.
8.a. HEIGHTS CHRISTIAN SCHOOL PROJECT.
September 2004 Status Report for Heights Christian School.
RECOMMENDATION: Receive and file.
8.c. REVIEW AND UPDATE (FPPC) CONFLICT OF INTEREST CODE
RECOMMENDATION: Adopt Resolution No. 04-39.
RESOLUTION NO. 04-39 – FPPC REQUIRES EACH City to review and update every October of even years, the Fair Political Practices Commission required fillings for elected and appointed City officials.
Councilmember Klein offered a motion to receive and file 8.a. and to adopt Resolution 04-39 on 8.c. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8.b. GREATER LA COUNTY VECTOR CONTROL DISTRICT – APPOINTMENT.
Reappoint Jim Remington as the CityÕs Delegate to the Greater Los Angeles County Vector Control District for a four (4) year term expiring January 1, 2009.
RECOMMENDATION: Reappoint Jim Remington to the Greater LA County Vector Control for a four-year term.
Councilmember Klein stated that he not only wished to appoint Jim Remington to a four-year term of the LA County Vector Control District, but to also thank him for his previous service.
Councilmember Klein offered a motion to appoint Jim Remington to a four-year term as a Delegate to the LA County Vector Control District. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
16. LOCAL HAZARD MITIGATION PLAN (LHMP).
This item was taken out of order.
To comply with FEMA requirement the City of La Habra Heights must submit a Local Hazard Mitigation Plan in order to receive FEMA assistance when needed. The filing date must be prior to November 1, 2004.
RECOMMENDATION: Approve submittal of the Local Hazard Mitigation Plan.
Senior Management Analyst Orchanian reported that the City was required to submit a Local Hazard Mitigation Plan (LHMP) to FEMA by November 1, 2004. La Habra Heights held their kickoff meeting on Wednesday, April 21, 2004 with Carolyn Harshman of Emergency Management Agency (FEMA).
Ms. Orchanian noted that during the meeting they discussed the potential hazards that could affect the City of La Habra Heights. Two of these hazards are wildfire and earthquakes. The planning team was comprised of the City Manager, Senior Management Analyst, Fire Chief, Community Development Director, Planning Technician, Fire Marshal, Deputy City Engineer, L.A. County Public Works, and a County Sheriff Deputy. A survey was mailed out in our summer Newsletter with a 5% response from residents indicating that Fire and Earthquake were a definite threat. Other hazards were identified as well. We are concerned that if something happens and they are not approved it might affect whether we get assistance from FEMA.
Ms. Orchanian stated that the City has made an effort to comply with FEMA, although some of their document does not apply to our City. Until further notice, our document will be a work in progress that City Staff will review and revise every two years as needed.
We are requesting that the City Council approve the Local Hazard Mitigation Plan document.
No additional costs were incurred besides the Consultant fees. The Consultant fees totaled $10,000. This was paid in $2,000 increments for five months.
City Manager Hendrickson explained that if the Council does not adopt the Local Hazard Mitigation Plan, we would not be eligible for FEMA assistance. We are concerned that the Water District did not participate in this Hazard Mitigation Plan, although they did something similar.
Senior Management Analyst Orchanian thanked Mayor Pro Tem Douglas for his help in putting the finishing touches on the document.
Carolyn Harshman stated that a good definition for Mitigation is, Òto lessen or eliminate threats associated with a hazardÓ. She stated that the City is already doing many things to lessen earthquake hazards, such as building codes. She also noted that the City is already doing about half of the mitigation actions that are on their list.
Ms. Harshman noted that 55% of the concerns expressed by the residents were about wildfires. That needs to be taken into consideration in planning mitigation of such risks.
Mayor Borrowe asked the Senior Management Analyst if she had figured Staff time in with the cost of this plan.
Ms. Orchanian answered in the negative.
City Manager Hendrickson explained that they did not count Staff time as they get paid no matter what they are working on and he just wanted to show what the additional cost is. He stated that the next time he would try to estimate the cost.
Mayor Borrowe stated that he would like to see what the total cost of such mandated requirements are.
Mayor Borrowe noted that he had heard comments that this Plan was not really required to receive aid from FEMA. Is this correct or not?
Ms. Harshman stated that this was not correct. What would be cut off would be the Hazard Mitigation Plan Grants.
Mayor Borrowe asked Ms. Orchanian if she had any idea why there was such a low response from the residents on the survey.
Ms. Orchanian stated that it was sent out in the summer and could have been affected by vacations. We did have a deadline that we had to reach.
Mayor Pro Tem Douglas noted that the residents are very aware of these hazards and hear about them and how we can mitigate them.
Ms. Harshman noted that even if the response was low, the 55% who expressed their concern with wildfires, shows where the concerns lie.
Mayor Borrowe stated that he liked the glossary with the Hazard Mitigation Plan which has 93 definitions in it.
Councilmember Carroll offered a motion to submit the Local Hazard Mitigation Plan to FEMA. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. STANDARDS MODIFICATION NO. 2003-33 & GRADING MODIFICATION NO. 2004-11 – 2015 DEEP CANYON – SASHIN, APPLICANT.
An appeal over the Planning Commission decision regarding Standards Modification No. 2003-33 (SM) for view preservation to exceed 750 square foot building area and 16 feet in height limitation and a Grading Modification No. 2004-11 (GM) to cut and fill 1,652 cubic yards of soil for construction of a single family residence located at 2015 Deep Canyon.
RECOMMENDATION: Adopt Resolution No. 04-43 upholding the Planning CommissionÕs decision on SM 2004-11 and GM 2004-11.
Community Development Director Massa-Lavitt reported that this is an appeal to an application that was received for 2015 Deep Canyon. This property is across from the Hacienda Golf Club. She stated that the Planning Commission approved this project on August 27, 2004. This was for a single-family home at 5,480 square feet and a guesthouse/garage of 1,384 square feet, which includes the garage and workshop on the first floor and the guesthouse on the second floor. The garage and the workshop are on the first floor and a 640 square foot guesthouse is on the second floor of the garage. This is consistent with the code requirements for a guest facility. The Planning Commission eliminated a swimming pool from the project because of the location. The project also has a problem with impervious surfaces which will have to be dealt with at a later time.
An appeal was received from a neighbor at 2025 Deep Canyon. The appeal disagrees with the property site line. He disagrees where the setback should be measured from. He asserts that the setbacks should be measured from the edge of an easement rather than the edge of the property line. The appellantÕs attorney cites section 9120.1 of the zoning ordinance, which is the definition section where net area is explained and defined.
The appellantÕs letter asserts that setbacks should be measured from the edge of an easement rather than the edge of the property line. The code section that covers this is Section 9206.4. It makes no mention of excluding easements in the measurements in measuring side yard setback. She stated that in this case the site plan shows a 10ÕX140Õ access easement leading from 2015 to a garage at 2025 Deep Canyon.
At the meeting the applicant showed a license agreement that was enacted between two previous property owners of both of these properties and it gives the right of access across 2015 to the garage, off-site, at 2025. On the site plan there is an existing workshop (garage). They have had access to this garage for 30 years. In early 2000 the previous property owner of the site, formalized this agreement to the dotted line on the plan site. The license agreement does not expressly say that this is the location of the easement. It allows the easement to float on the lot as long as there is access from 2015 to the garage at 2025. It does not have to be within the dotted line that is on the site plan.
Ms. Massa-Lavitt commented that in the code section subsection b, it states that subject to an easement where the owner of an underlying fee has the right to use the entire surface, except that portion where the owner of the easement may place utility poles or minor utility structures. That means that easements do not get excluded from side setback measurement. It is included in it and does not change the 25Õ or 35Õ setback.
Ms. Massa-Lavitt noted that the project would be done in two stages. The garage and guesthouse first, they will live in the guesthouse and within a year the main house will be built.
Councilmember Carroll asked the City Attorney if she agreed with the interpretation of the code as presented by the Community Development Director.
City Attorney Levin stated that the side yard setback definition does not mention easements or net area.
Mayor Borrowe stated that he could not tell from the story poles how big the guest house will be. He also asked if the guesthouse would have bathrooms and kitchen.
Ms. Massa-Lavitt answered that the guesthouse on the second floor will have a bathroom, bedroom and living area. There will be no kitchen. There is an exterior stairway to the guesthouse. She stated that it was unlikely to be converted into a two story living area at a later date. She also stated that the setback was 25 feet from the neighbors property.
Mayor Borrowe asked where the license agreement says the easement is a floating one.
City Attorney Levin explained that item 5 notes that if the easement is fenced off by the licensor, the licensor will provide a ten-foot-wide roadway access to the workshop immediately adjacent to the fence.
Attorney Levin explained that she felt the interpretation of the license agreement was actually moving away from the issue being brought by the appellant and the Council should hear what he has to say now.
Mayor Borrowe opened the Public Hearing for public discussion.
Irene and James Franklin, appellants at 2025 Deep Canyon. Irene Franklin explained that they and their attorney interpret the phrase, Ònon exclusiveÓ to mean that the agreement does not apply just to the people who signed it, but rides with the property as it changes hands. She stated that there is already a fence on the property line. Ms. Franklin stated that they have legal proceedings started to address the issue, but it is not resolved as of yet. It should be near a solution. She asked the Council if they could wait a few weeks to make their decision as it might clarify the issues. Their opinion is that the 25 foot side yard setback should be measured from the inside edge of the current driveway used by the Franklins, not from the property line.
Dan Dascanio, architect for Alex and Jenny Sashin, explained that the project has been approved after the items were debated in two sessions and modifications were made accordingly. He stated that the property is long and narrow and controls the configuration of the project. He stated that he would hate to have to take ten more feet off of the project and he would not want to drag this out for a longer period of time. He explained that the City Attorney cautioned the City against getting in the middle of the conflict.
Mayor Borrowe asked City Attorney Levin if it would be proper to make any decision while the project was in a litigation process.
City Attorney Levin explained that the City is obligated to process applications as they come in and in a timely fashion. We are obligated to respect the rights of the owners to develop their properties within the boundaries of our code and General Plan. When there are disputes and until they are adjudicated we, as a City, do not have the obligation or authority to adjudicate those disputes, we just let the court process continue and the City is obligated to process the applications based on existing title. The Planning Commission placed conditions and provisions in the approval to make clear that the City is not assuming any responsibility for determining the title or disputes between the neighbors. The applicant proceeds at his own risk. Ms. Levin noted that the interpretation of the City code goes first to the Council and their past interpretation is given great deference by the Courts. We would have an opportunity to present our interpretation.
Councilmember Carroll noted that the court is trying to decide if there is an easement or not, and we need to decide if we measure the setback from the edge of the easement or from the edge of the property line.
Mayor Pro Tem Douglas asked that the Attorney clarify if Ònet areaÓ is any different when dealing with setback than when you are dealing with a driveway.
Ms. Levin explained that there is nothing in the codes that indicates that the side yard setback is supposed to be measured from the edge of a driveway or easement or that easements have any role in the measurement of a side yard setback. The side yard setback is measured from the property line or the street. She stated that the code on net area leaves some room for interpretation. It is not clear, but she would give the most weight to the past practice, that a non-exclusive easement is included in the net area. We believe that the interpretation of net area was correct.
Councilmember Carroll stated that he disagreed. He felt that since the net area includes the easement, that the setback should be measured from the property line and not from the edge of the easement.
Mayor Pro Tem Douglas explained that he has faith in the Planning Commission that they went over this and made the right decision, and he sees no reason to change how they have measured the setback.
RESOLUTION NO. 04-43 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS UPHOLDING THE PLANNING COMMISSION DECISION REGARDING STANDARDS MODIFICATION 2003-33 FOR VIEW PRESERVATION AND GRADING MODIFICATION 2004-11 FOR GRADING 1343 YARDS OF SOIL.
Mayor Pro Tem Douglas offered a motion to adopt Resolution No. 04-43 upholding the Planning CommissionÕs decision on SM 2003-33 and GM 2004-11. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. CONDITIONAL USE PERMIT NO. 2004-19 (CUP) – HACIENDA GOLF CLUB – 718 EAST ROAD.
Request from Hacienda Golf Club for a Conditional Use Permit to allow the use of an above ground storage tank in their maintenance yard located at 718 East Road.
RECOMMENDATION: Adopt Resolution No. 04-44 approving Conditional Use Permit No. 2004-19.
Community Development Director Massa-Lavitt reported that on September 24, 2004, the Planning Commission considered this Conditional Use Permit for the installation of the petroleum tanks. After considering testimony, the Commission was able to recommend approval of the application.
Ms. Massa-Lavitt explained that the applicant is Hacienda Golf Club and they are asking for a CUP to remove a 1000-gallon underground tank and a 500-gallon above ground tank for petroleum. They will install two new, state of the art 1000-gallon tanks above ground. One will contain Diesel fuel and one will contain regular fuel.
Ms. Massa-Lavitt noted that the Planning Commission was able to make the findings to approve the CUP and they were able to recommend the approval of the CUP to the Council with conditions of approval in the Resolution and that the conditions of approval are quite extensive due to Fire Department requirements.
Mayor Pro Tem Douglas asked what triggers this item as a new CUP.
Community Development Director Massa-Lavitt explained that the original tanks probably were not installed with a CUP.
Councilmember Klein asked the size of the original tanks.
Ms. Massa-Lavitt answered that the underground tank was 1000-gallons and the above ground tank was 500-gallons and are being replaced with two 1000-gallon tanks.
Councilmember Klein asked what they would do as far as landscaping these new tanks.
Ms. Massa-Lavitt explained that there were no conditions on landscaping other than what is already there. She noted that the tanks couldnÕt be seen from the road. She also stated that the whole maintenance yard could be seen from above.
Councilmember Klein stated that he has an issue with the sight and containment of the tanks in case of a breakthrough. He stated that he was very concerned with the containment.
Ms. Massa-Lavitt explained that the tanks being Òstate of the artÓ handles containment.
Mayor Borrowe stated that he is also concerned with the containment. He noted that the curb is not very tall and it is not far from the tank. He also noted that there are only 7.5-gallons allowed for spillage in the loading area.
Peter Sokoloff, Vice President of Sunbelt Industries stated that his company specializes in fueling equipment. He explained that in the double wall tank there is a single wall tank, then 6 inches of concrete and then the second wall of the tank. There is a seismic pad where the tank is bolted down with a 6-inch curb. He added that if the entire primary tank wall collapsed the exterior tank would hold the whole amount. That is why we have moved away from requirement of large containment areas. The outer wall becomes the containment. There is also protection against over-spill.
Mayor Pro Tem Douglas asked if there is any danger if a wildfire gets in the maintenance yard.
Mr. Sokoloff explained that the tanks are rated to withstand an intense fire of 2200 degrees for 2 hours.
Fire Chief Nielsen stated that he was happy with it. They have to meet the same requirements as firewalls and fire doors. He also commented that it meets the StateÕs requirements.
Councilmember Klein stated that he would still like to see some kind of screening for the tanks. Trees come and go.
Frank Cordero, General Manager of Hacienda Golf Club, stated that the area is well screened at present and from an esthetic point they take trees very seriously. We want that area screened from the golfers also. We are open to suggestions.
Councilmember Klein pointed out an area that he would like to see screened.
Mr. Cordero stated that trees screen the area at present and if for some reason those trees were removed, they would be replaced.
Mayor Pro Tem Douglas commented that we could add to the condition that the Hacienda Golf Club agrees to maintain the landscape screening at all times.
Councilmember Klein stated that he would like to see screening of the tanks beyond landscaping.
Mr. Cordero stated that there is a fence around the entire compound with slats through the chain link so it cannot be seen through, and significant trees.
Councilmember Klein commented that it would be nice to see this documented that it will stay that way.
Mayor Borrowe asked how far above the earthquake pad the tanks are.
Mr. Sokoloff answered that they are four (4) inches up. He also noted that the entire tank is double walled. He stated that they can crawl under the tank to check for corrosion. There are requirements for visual inspections. The system will have both visual and electronic ways to inspect the tank condition.
Councilmember Klein asked how often the Fire Department would be inspecting the tanks.
Fire Chief Nielsen explained that the Fire Department would do a complete inspection of everything once a year. He stated that all above ground tanks are inspected once a year and reported to the Pipeland Company and to the State. Due to the location of the oil well sites there might be an informal inspection of the oil company more often.
Mayor Borrowe asked the Fire Chief if he was satisfied with not having containment of the full 1000-gallon amount in a residential area.
Fire Chief Nielsen explained that he would rather have full containment of the 1000 gallons.
Councilmember Carroll asked where the nearest resident would be if there was a spill.
Raphael Barajas, Golf Course Superintendent, explained that the nearest resident is the Franklins on Deep Canyon.
Mr. Sokoloff explained that he did not know of any jurisdiction that has required that above ground tanks have more than the double wall containment with a small berm around it.
Mayor Borrowe asked if there were any rules about containing runoff water used in fighting a fire in this case.
Fire Chief Nielsen stated that there was no rule about containment of the water used in fighting this type of fire.
City Manager Hendrickson commented that he would ask the Fire Chief if he has a significant concern that in some way the fuel can get released on the ground or that we would have a hazmat in that area. It is in a residential area. Our concern would be earthquake or fire.
Councilmember Millsap asked if the current 500-gallon above ground tank will be all contained.
Mr. Sokoloff explained that the current 500-gallon tank is a single wall tank and it has no overfill protection, it has no emergency venting and it is rusted.
Councilmember Klein stated that he would like to see this item carried over to next month to research on the containment issues and get more information on the screening fences and how it would be looked at from the surrounding neighborhood.
Councilmember Carroll asked how high the retaining wall would have to be to contain 2000-gallons.
Mayor Borrowe stated that he would like to have some thought on complete containment because it is in a residential area.
Mayor Pro Tem Douglas stated that he considers that the double wall and concrete is much stronger than any containment wall.
RESOLUTION NO. 04-44 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING CONDITIONAL USE PERMIT 2004-19 LOCATED AT 718 EAST ROAD.
Mayor Pro Tem Douglas offered a motion to approve CUP 2004-19 with the condition that the Club agree to maintain the landscape screening and the fences with the slats to prevent any view of the area. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Carroll, Douglas and Millsap
NOES: Borrowe and Klein
ABSENT: None
Mayor Borrowe called an intermission for a tape change.
Mayor Borrowe resumed the meeting at 11:10 P.M.
11. AUTHORIZE DEVELOPMENT OF ASSESSMENT TO PAY FOR AMBULANCE/PARAMEDIC COSTS.
City Council to discuss placing on the March 2005 ballot an increase of fire fees to offset the increase ambulance/paramedics costs.
RECOMMENDATION: Direct City Manager to develop ballot measure for approval at November 2004 City Council meeting.
City Manager Hendrickson stated that this item was discussed before and has been continued to tonightÕs meeting. We have not made a decision whether to continue to contract with the City of La Habra or develop an in-house system. The estimated costs will be between $160,000 to $220,000 per year, beginning with this year. Our decision on which system to choose is not on the agenda tonight as we still have some decisions to make. We do have to decide whether we put a measure on the ballot for a vote to ask for a new tax for paramedic/emergency services benefit, or whether to amend our current fire tax to include this addition. We still have to call the vote by the November meeting.
Mr. Hendrickson stated that in doing some research, not all of the questions asked by the Council have been answered. He stated that based on 144-150 calls based on $220 per household, we would have to raise about $100 per household or we charge someone directly for each call we would have to raise close to $1400 per call. Mr. Hendrickson explained that in discussing this with a company that does billing for this, they told him that no city they know of charges above $450 for the paramedic side of a call. They call this a ÒFirst Responder FeeÓ whether they transport or not. He explained that Medicare and Medical will not pay for separately billed services, only if you have a certificate with them as an authorized transporter of patients. Collection rates average about 35% in La Habra on these types of bills that are First Responder Fees without transport.
City Attorney Levin explained that if the person is transported, the fees are capped in two ways. The County caps the maximum rates for certain services associated with transport, plus transport. Medicare and Medical have their own caps on those services. Those caps are fairly low compared to the costs we are talking about. If you want to recover the First Responder Fee or a higher rate by trying to identify those services that are not included in the caps on transport calls, you will be recovering them from patients who were transported. This would be from the patientÕs insurance or the patient himself. She stated that many Cites keep their fee low so they have a better chance to collect it, or go to some kind of subscription fee.
Mayor Pro Tem Douglas stated that in his opinion it should be placed on the ballot. He also felt that he should have backing to try and find out how much insurance groups would pay for these costs.
City Manager Hendrickson stated that whatever percentage we recover, we will come up short and we need to figure out where this money will come from. He noted that he was working on a ten-year cash flow projection with a number of variables including tonightÕs item. He stated that they will have it ready by the November meeting. This will include this program, whether or not we build a new fire facility, equipment replacement programs and operational issues that affect the General Fund and Fire Fund. He stated that in his opinion, rather than attaching it to the Fire Fee and need to take care of the Gann limit issue, that it should be done as a separate item.
Councilmember Carroll commented that he would like to see more information about the whole picture that will be contained in the above mentioned ten-year cash flow report. We will need to know how much money we are talking about before it is placed on the ballot.
Councilmember Carroll asked if anyone knows how Fullerton handles their Paramedic program and how they finance it.
City Manager Hendrickson stated that it is similar to what La Habra has.
The Council discussed the $36 insurance payment that La Habra has.
Fire Chief Nielsen noted that the subscription service is used in cities that provide both paramedic and transportation services. It is more sophisticated where the Fire Department provides paramedics and an outside contractor provides the transportation.
Mayor Borrowe asked what we are currently paying La Habra.
City Manager Hendrickson noted that we are paying approximately $16,000 per month. We are paying $196,000 per year, and they expect the amount to be raised over the years.
Mayor Borrowe asked at what rate it would be put on the ballot if we go that direction and if our cost goes down in the future, would the residents get money back.
City Manager Hendrickson stated that it would depend on the decision made by the elected body and how they drew up the ballot measure.
Councilmember Carroll asked what is happening between L.A. County and La Habra now.
Mr. Hendrickson explained that they have an agreement in principle but he did not think anything had been ratified. He added that he does not know when this will happen, but that L.A. County would not take over until April 1, 2005.
Mayor Borrowe opened the meeting to public discussion.
John Beau, Caselero Drive, stated that he supports the Paramedic program that Fire Chief Nielsen has set forth. He stated that he would like response time to certain areas of the City from the station. He also would like to know our fallback plan if the State suddenly decides that only paid municipal fire departments could have Paramedics. He noted that we are paying a higher percentage of our budget ($50,000) for propaganda against Aera than the City of Whittier, which has a bigger budget.
Norm Zezula also commented that a lot of La Habra Heights residents are living on a fixed income. He also stated that he would like the tax structure changed. He would like to see the possible per parcel tax stopped. This is hard on those that have to live on a set income. Place on the ballot a choice whether to have a Òper parcel taxÓ or the Òdirect property taxÓ. It was his opinion that a direct property tax would be deductible.
Katie Martin stated that she was in favor of paramedic service. Ms. Martin felt that the most important issues should be taken care of and funded first. One thing she mentioned as questionable was paying for more GIS service and the AERA project Mr. Beau mentioned. She noted that we do have a large surplus at this time. Until we know what other items we are going to be charged for we should use the surplus for the paramedic service.
Mayor Borrowe brought Item 11 back to the Council for further discussion.
City Manager Hendrickson explained that the $50,000 mentioned has been authorized and sent, but nothing has been used. It is being held. It will not be spent unless authorized by the Board. We are earning interest on it and if it is not needed the money will be returned.
Councilmember Millsap asked if John Beau meant that he was not satisfied with the response times for the paramedics.
Mr. Beau explained that he meant the response time was very important and we should have a record of the response time from La Habra at present to compare with what we are considering.
City Manager Hendrickson stated that on average the response time would be improved if we had our own paramedics. We do not know what the time would be if L.A. County took over in La Habra.
Mayor Borrowe asked if we would know by the November meeting where L.A. County would be stationing their paramedics if they take over.
Mr. Hendrickson stated that he would check it, but the information could change.
Fire Chief Nielsen explained that one paramedic unit would be at the station on La Habra Blvd. and the other would be south of Imperial Hwy. at Beach Blvd. Our location of service will be the same as it is now.
Councilmember Carroll asked the City Attorney if there was a difference between Property tax and Parcel Tax.
City Attorney Levin stated that you can levy a special tax with voter approval (2/3 vote) that can be collected on the property tax roll, but it is not a property tax. She noted that is what is being considered tonight.
City Manager Hendrickson stated that the report at the next meeting would cover Ms. MartinÕs question on using the surplus for this item. He stated that they can only estimate things ahead at this time.
City Attorney Levin explained that they need to know everything that the Council wants to know before the November meeting so they can get the information together.
Councilmember Carroll suggested a special meeting before the regular November meeting.
Councilmember Carroll offered a motion to continue Item 11 to a special Council Meeting Study Session related to Paramedic/Ambulance services on November 4, at 7:30 P.M. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The Council agreed to send the City Manager any details they will need him to find out about by next Wednesday.
12. SEPTIC SYSTEM PROGRAM – MEMORANDUM OF UNDERSTANDING WITH REGINAL WATER QUALITY BOARD.
RECOMMENDATION: Approve Septic System Program/MOU with Regional Water Quality Control Board and direct City Manager to develop actions necessary to implement the programs.
City Manager Hendrickson reported that the Board has modified their estimated cost if they manage the new waste discharge requirements at $400-$900. He stated that we are still required to issue the permits, do inspections, developing an inventory of septic systems. This would take 3-4 months just to get a permit. If we enter into the MOU as outlined, we basically are responsible for the permitting, the inspections and the development of the inventory of the system. We have up to 10 years to complete the inventory. He stated that our first year is getting organized, getting the rules together and any initial studies. We have 5 years to do the initial study that has not been really identified.
Mr. Hendrickson recommended continuing our contract with the County. A new septic system permit would cost $692. Septic system repairs require a permit which costs $635. Depending on type of soil condition, they would charge an inspection fee at about $200 each year. If we do it in-house the cost might come down some. We would probably hire a contractor. The systems that are already installed and not repaired, we only have to inventory them at this time. We just need to prepare a geotechnical map that says how far the septic system is away from the ground water. We asked them if we could do this from a map rather than visiting every parcel. L.A. County has good records from 1981 up to now. Mr. Hendrickson estimated that if we can do that we would have an initial $25 fee, and a $10 fee annually. New Septic systems would be assessed an additional fee of $40 because of the additional reporting requirements for those systems.
City Manager Hendrickson provided an estimate of the budget costs for instituting the system and the revenues it would collect. He noted that if we can use the map system, an update in the GIS system would cost $20,000. If we can not use that system in the program that $20,000 will come off of that estimate.
City Attorney Levin confirmed the steps that have to be done and how soon they must be done.
Mayor Pro Tem Douglas asked why if you had your septic system repaired the yearly fee was so expensive.
City Manager Hendrickson stated that there might be an on-site-monitoring requirement. This depends on the type of septic system you have. Some might require more frequent inspections.
City Attorney Levin explained that the Regional Water Quality Board would require quarterly monitoring and an annual inspection. We do not have to require that, we can set our own standards. Ms. Levin stated that we can continue to let the County do these permits and applications and add to that any monitoring or inspections that we want done, or we could develop a plan to take that whole function in-house.
City Manager Hendrickson confirmed that the Budget he worked up covers just the information gathering and not any permits or inspections.
Councilmember Carroll asked if the County continued with this, what would be the pros and cons.
City Attorney Levin explained that only the Regional Water Quality Board or the City can run this program, but the City could contract with the County to perform part of the functions.
City Manager Hendrickson stated that the County was not ready to give a cost for providing the inventory. If we decide to let the County do the permitting, we will have to negotiate a new contract.
City Attorney Levin commented that if the Council approves the MOU tonight, within about two months we should know whether we should contract with the County or go in-house and what each would cost.
Councilmember Millsap clarified the costs for various parts of the system.
City Attorney Levin explained that the $25 fee would be collected through the property tax system.
Ms. Levin stated that the first year all they have to know is who is on the sewer and then everyone else is on a septic system.
City Manager Hendrickson explained that the Orthographic service for the GIS system would be helpful to determine groundwater in relation to the septic tanks.
Councilmember Klein offered a motion to approve the MOU with the Regional Water Quality Board. The motion was seconded by Councilmember Carroll and approved ass follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
John Beau stated that he approved of this being done in-house.
13. NEW FIRE STATION DEVELOPMENT DISCUSSION.
(See motion following Item 14.)
14. PURCHASE OF ORTHOPHOTOGRAPHY SERVICES.
Councilmember Klein offered a motion to move Item 13 to the Special Study Session on November 4, 2004 and Item 14 to the regular City Council Meeting on November 11, 2004. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. 2004 STREET OVERLAY & SLURRY PROJECT & CHANGE ORDER.
The 2003-2004 Street Overlay Project included paving and slurry sealing various streets throughout the western part of the City and was approved by the City Council.
RECOMMENDATION: Approve payment in the amount of $333,937.58 to Sully Miller Contracting Company for the Pavement Overlay Project previously authorized; and approve payment in the amount of $248,902.07 to Doug Martin Contracting for the Slurry Sealing.
City Manager Hendrickson reported that this work has been done at the cost of $333,038.59 including some change orders. We still have a 10% retention. He stated that the work was exceptional. Mr. Hendrickson asked that the Council approve the payment of $333,937.58 to Sully Miller Contracting Company for the overlay work and $248,902.07 to Doug Martin Contracting for the slurry sealing.
Mayor Pro Tem Douglas noted that the crack sealing was very well done. He also noted that there are still places where there are two or three feet of the payment that is buried. The brush needs to be cleared off of the sides of the roads so the pavement can be cleared.
Mr. Douglas also asked if the Water District was notified of our project.
Mr. Hendrickson stated as far as he knew everyone had been notified.
Mayor Pro Tem Douglas noted that we do not want someone tearing up our freshly repaired streets. He stated that he asked Pat Lang about the trench on Hiatt not being capped as it should, and Mr. Lang told him that it was going to be taken care of. Mr. Douglas asked if the Water District really knew about it, because it has not been taken care of.
Mr. Hendrickson stated that they need to follow our code on that and there is a problem with something the Gas Company has done on Solejar that we are following up on.
Mr. Douglas asked that Mr. Hendrickson and the Engineer follow up on the Hiatt trench work.
Mr. Hendrickson stated that we have a new Engineering inspector.
Mayor Borrowe asked if the Public Works Advisory Committee was consulted on the costs for the work.
Mr. Hendrickson answered in the affirmative. He explained that he is responsible to the City Council not to the Public Works Advisory Committee, but he tries to keep them informed. The Committee is advisory.
Councilmember Klein offered a motion to approve payment for the paving and slurry sealing work. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Item 16 was taken out of order.
17. ELECTION RESOLUTIONS – ELECTION TO BE HELD ON MARCH 8, 2005.
RECOMMENDATION: Adopt Resolutions 04-40, 04-41, 04-42.
17.a. RESOLUTION NO. 04-40 – Calling of March 8, 2005 Election
17.b. RESOLUTION NO. 04-41 – Requesting LA County for election services.
17.c. RESOLUTION NO 04-42 – Regulation of Candidates Statements.
City Manager Hendrickson reported on the three resolutions and what their purpose is.
Councilmember Carroll offered a motion to adopt Resolutions 04-40, 04-41 and 04-42. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
City Attorney Levin commented that on the November Agenda you will see the ballot measure resolutions for this election.
18. CITY MANAGERÕS REPORT
The City Attorney had no report.
20. PLANNING DIRECTORÕS REPORT
á Community Development Department Report.
Councilmember Carroll noted that Barbara DoppieriÕs (Planning Technician) summary was very helpful.
Community Development Director Massa-Lavitt noted that next month they will also have a Public Works status report. She also noted that the new Public Works Inspector has a great system.
Mayor Borrowe stated that he thought that due to the code enforcement on Pleasant Crest the City intends to tear down some of those buildings. This report does not suggest that.
City Manager Hendrickson stated that we are still in court on that property and it may be in transition so we are not proceeding with the tearing down at this time.
21. CITY ENGINEERÕS REPORT
City Engineer Melicher did not have a further report.
22. FIRE CHIEFÕS REPORT
á Fire Department Monthly Report.
The Fire Chief had nothing to report.
23. SHERIFFÕ DEPARTMENT REPORT
Lieutenant Ault reported on the Flash Cam that Councilmember Klein has asked about for use of the CLEEP funds. She stated that it is a 35-millimeter camera in a metal housing that can only be used in a fixed fashion. It cannot rotate. This would cost $3,000 plus a couple of small parts. Although the concept is good, the technology is archaic. She reported on another product called Driver Feedback Signs. They have a digital display that can be set to flash the driverÕs speed or a warning to Slow Now. The cost is from $47.50 - $81.50 for a 24Ó X 30Ó sign, which weighs 40 pounds. The City of Whittier has 28 of these signs. These signs are used for traffic calming by many Cities.
Councilmember Klein stated that the concept of the flash cam is more what they want to use for the problem of dumping if we can find something that is better. The Driver Feedback signs could be useful on some streets where there is frequent speeding.
Lieutenant Ault noted that the salesperson could bring one out to post it for a demonstration.
Councilmember Klein explained that if the Deputies think this would be beneficial and discuss it with the City Manager, this might be a use for our CLEEP funds.
Lieutenant Ault stated that if they decide to do this she would want to talk it over with the City Engineer. She stated that there is a large law enforcement display show coming up and she can look for something better similar to the Flash Cam.
24. COMMISSION/COMMITTEE REPORTS
Mayor Pro Tem Douglas reported that the City Manager and he had attended the Hillside Open Space Coalition meeting last night. He stated that AERA has done some strange things lately. At the last minute when everything was ready for the animal tunnel at Harbor, AERA stated that they have a big problem with this. They stated that if the Habitat Authority would put the access road through La Habra Heights like they should, we would not have this problem. The big problem, according to AERA is that you may have to do an EIR. AERA stated that if animals do not get killed on the road it will have an impact on our property.
Councilmember Millsap reported that she had gone to the League of California Cities and Prop 1A is the big issue. Local government – keep the money here.
Mayor Borrowe asked the status of the striping on Hacienda Road.
City Manager Hendrickson stated that he did not know. Pat Lang was in charge of that.
City Engineer Melicher noted that he would find out first thing tomorrow.
Mayor Borrowe commented that he had asked that the letter from the Water District be agendized for this meeting. It did not happen.
Mayor Borrowe also asked the Fire Chief who is responsible for determining the functioning and water pressure of the hydrants.
Fire Chief Nielsen answered that it is the Water District. If we determine a failure on a hydrant, we report it to the Water District. They take care of them.
Mayor Borrowe explained that he would go over the letter himself and contact the Water District and ask them any questions that he has and then decide whether it needs to be agendized.
Mayor Borrowe noted that in the Top of the Heights the article referred to the new Fire Facility and he felt that it should also have referred to a new City Hall.
City Manager Hendrickson stated that they talked it over and decided to mainly talk about the Fire Facility, but in the article one of the options was to also build a new City Hall.
Mayor Borrowe adjourned the meeting at 11:10 P.M. to the Special City Council meeting on November 4, 2004 at 7:30 P.M.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON