CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
MAY 12, 2005
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
á EXISTING LITIGATION
Snell v. Sinjem, et al.
1. CALL MEETING TO ORDER
Mayor Douglas called to order the Regular Meeting of the La Habra Heights City Council at 7:35 PM on May 12, 2005 in the Multi Purpose Room at 1245 Hacienda Road.
2. ROLL CALL
Members present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman,
Carroll and Klein. Also Present: City Attorney Levin, City Manager Hendrickson, Senior Management Analyst Orchanian, Fire Chief Nielsen, Sheriff Lieutenant Ault, Community Development Director Massa-Lavitt and Transtech President Cayir.
3. FLAG SALUTE
Judy Hathaway Francis led the flag salute.
4. PRESENTATIONS
á Presentation by Plains Exploration & Production Company (PXP). They have acquired all oil and gas facilities in La Habra Heights.
Cliff Simonson representing the previous oil company (BSI) explained that they had been approached by PXP with an offer to buy all of the oil and gas facilities in La Habra Heights.
Cliff Simonson introduced the Engineer in charge of the field, Ted Garland.
Ted Garland stated that he was the Production Manager of this field and also the Montebello fields and others.
Mr. Garland presented a history of their company showing their value and the many places they operate in the Los Angeles Basin. He noted that they are accustomed to working in an urban area where they have to consider the need to control operation and drilling noise.
Edgar Salazar, Land Manager, spoke representing PXP Los Angeles Basin properties. He also noted that they are familiar with the needs of urban areas. He stated that they intend to use this expertise in La Habra Heights. He noted that the local government will continue to oversee the adherence to all regulatory requirements and to all permitting necessary for PXP. He commented that the Community is very important to us.
Ted Garland presented his emergency phone number 888-211-5290. He explained that the gas plant should be starting up in mid June and the noise and visual mitigation is being installed as called for in the C.U.P. The plant will be manned on a 24 hour 7 day basis. We are looking at some new drilling concepts and drilling will begin next year and will be approved by the City before starting.
Keith Lydick, Property Administrator from the Houston Office, stated that his Department is responsible for making changes in ownership and sending out the Royalty checks.
Mr. Lydick explained that they have added a Website (www.plainsxp.com) and a toll free inquiry line 866-797-5679. He stated that the Website has some of the forms which need to be filled out for change of address or ownership. Mr. Lydick encouraged people to have their Royalty checks as a direct deposit to their bank.
Nyambo Anuluoha, Community Relations, noted that they like to interact with the Community. She explained that they stress education about their business in the area from school children to adults.
Cliff Simonson explained that in his opinion PXP was a very well suited oil company for La Habra Heights.
Mayor Douglas welcomed the new owners and expressed that BSI had made much progress since the previous owners.
Mayor Douglas asked the City Attorney if there was any reportable action in the Closed Session.
City Attorney Levin answered that there was no reportable action.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeŐs efforts in Emergency Preparedness.
Kathy Sauble noted that as we come into the fire season, we have great concern with evacuation both of people and large animals so they can be quickly and safely removed in the event of a wildfire. She stated that in order to do a good job of this we will need to plan for this beforehand. We also will require help from other areas and they will need to know we have plans. Ms. Sauble noted that it is a good idea to have your animal identified in some way. She stated that you should have three (3) days of food for each animal and to keep your trailers ready to move.
Ms. Sauble noted that packets on different preparation subjects are available at City Hall.
á Public Works Committee
Jerry Shipman explained that there is no report as they have not had a meeting since the last City Council meeting on April 21, 2005.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Judy Hathaway Francis explained that she has written a letter to the Mayor and the City Council as there are rumors about the possibility that there are some meetings that will not be video taped or might be held where video taping would be difficult or impossible. She stated that she hoped there would not be an attempt to change what we worked so hard to establish during the Power Canyon situation. The video tapings are used by many interested people to refer to and verify meetings. Ms. Francis commented that she hoped the tapings would continue.
Ms. Francis asked if the strip of land from the dogleg on Hacienda Road behind the homes to the property at West and Hacienda is part of what we purchased.
City Manager Hendrickson answered that we did not purchase that, only the three (3) acres.
Ms. Francis noted that she would rather see the Fire Department stay here and go up two stories.
Ms. Francis next spoke on Item 12, which covers the Nation Park Survey. She noted that there has been much concern on this and she felt if residents expressed their concerns about this the City Manager could express them in his letter to the National Park representative. She noted that in her opinion the survey could be valuable to all of us.
Paul Spothelfer stated that he was in support of improving the FiremenŐs quarters and Staff space. He noted that he was not in favor of anything grandiose. He stated that he was in favor of improving the present site. He presented to the City Manager and the City Council what he thought would be a good plan for that, which would follow the General Plan. This site would be more secluded than the new one. The road is wide here, but quite narrow at the new site and it would be costly to widen the street. Mr. Spothelfer noted that his plan would be approximately 18,800 square feet. There would be more space in the buildings and more parking space.
Mr. Spothelfer noted that there would be a better chance to sell the new property. He stated that he puts an approximate price of $4 million on planned construction at the present site.
Stephen Blagden, Citron Road, mentioned that the usual method of approval for planning applications by Staff or the Planning Commission seems to have been slowly replaced by a stepped approval type process of unknown origin. Applicants must obtain additional unstated approvals beyond meeting the original conditions of approval and Administrative Decisions of Standards Modifications. He noted that he submitted a Public Records request to the City to find out what this new process entailed. He had also submitted a request to see some recent approvals that have been given beyond the Administrative Decision of Planning Commission Approval. Mr. Blagden stated that the response was that there were no written policies that refer to such a request. The City also could not supply examples of these procedures.
Mr. Blagden stated that he had been in favor of the relocation the Fire Department and City Offices, although he thought the cost is astounding and all options should be considered. He suggested that the parking area should be relocated to the Hacienda side of the new site where it can be landscaped to screen it from view. There should be no sound wall bordering the blue line stream. He noted that it might be considered to reconstruct the stream bank and a path be made along the side of the stream. He suggested that the building be oriented toward the stream with large windows looking out. The dormitory should be located above the storage building to save cost and there be a basement or attic in the Administration building for storage. He thought the Planning Department should have more room than it does now and that the Architect should follow the General plan and make sure the buildings do not look like boxes.
City Attorney Levin stated that some of Mr. Blagdens remarks pertained to an ongoing case and an appeal that came before the Planning Commission, but generally speaking there are Administrative approvals, Over the Counter approvals, approvals that go to the Planning Commission and some that go to the City Council. They have varying levels of discretion and varying levels of review. Some are subject to the Permit Streamlining Act and some are not. Basically the concern here arises over the fact that every application and every approval that is issued by the City with respect to a land use matter has to be consistent with the General Plan. Sometimes that finding is part of a fairly elaborate process that goes either to the Planning Commission or the City Council and is embodied in a Resolution and sometimes the finding is just implicit in the stamp on the plans that Staff issues. It is not always reflected in a separate document, but in every case there must be consistency with the General Plan.
Kathy Sauble, representing the Parks and Recreation Commission, reminded everyone of the Avocado Festival that will be held on May 21, 2005 from 9 AM to 4 PM. She noted that there will be food, games, music, the Petting Zoo will be complimentary this year, there will be raffles and there will be many interesting booths and demonstrations and a recipe contest and a best dressed avocado contest. Emergency Preparedness Committee will be part of the Avocado Festival. There will be vendors both inside and outside of the Gymnasium.
Janice Slattery spoke about starting up the Garden Harvest again. It will begin at 4:00 PM on Wednsdays until 6:30 PM before each Music In The Park. We are making it as easy as possible with everything ready for vendors to set up. All that is needed is to come with produce to sell. The only restriction is that it must be people from the Heights with produce from the Heights. She noted that they would try to have one new artisan or craftsman each week showing their work.
Commissioner Carroll commented that the issue of video taping or not arose at the last City Council Meeting as to whether we should tape interviews of applicants to be Parks & Recreation Commission members, which was not decided.
Mayor Pro Tem Millsap noted that the only other time the issue arose that she could remember, a few months ago, were appeals in Planning Commission situations.
City Attorney Levin clarified that the Planning Commission did consider if Appeals on Code Enforcement should be video taped or not and ultimately concluded that they should be video taped and broadcast.
Mayor Douglas commented that the minutes are taken from the tapes and if he wants to know something from the meeting, he reviews the tapes. We do not tape all of the Committees.
Nina Guerini, Le Flore, commented that planning for evacuation of large animals was very important. She stated that she would like to hear more from the Firefighters on what they need, including substations. Ms. Guerini spoke about the dangers the bicycle clubs cause when they ride through town and that Mayor Douglas had an advertisement on his website encouraging the formation of road and mountain biking groups in La Habra Heights. She stated that the National Park Service has been working with the International Mountain Biking Association and they are attempting to take over all the trails in the National Parks. She stated that in her opinion this is why Mayor Douglas is interested in the National Park Service coming here. She was concerned that the Park Service was going to exclude horses from their trails. Ms. Guerini suggested the City have a CitizenŐs Review Board to help control what goes on in the City government. She noted that meetings should be shown in their entirety when broadcast.
Doug Buckingham, Hacienda Road, spoke against building on the property at West Road and Hacienda. He referred to Paul SpothelferŐs plan as possibly a better and more economical solution to what the City needs. He asked if the City was ready to compensate the homeowners near West and Hacienda who would be affected by their property value being lowered.
City Attorney Levin noted that before any decision is made, the City will conduct an environmental analysis and in accordance with CEQA, will study the noise impacts, traffic impacts, safety impacts and any other negative impacts that might be involved and investigate all mitigation measures.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – APRIL 2005
Councilmember Klein offered a motion to approve the Warrants for April 2005 as presented in the amount of $855,714.09. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERŐS REPORT – MARCH 31, 2005
The TreasurerŐs Report consisted of:
Schedule of Cash & Investments
Schedule of LAIF Investments
Cash With Fiscal Agent – Bank of New York
Payments to City Engineers
Payments to City Attorney/City Prosecutor
Major Planning Projects
Balance Sheet
Monthly & Year-to-Date Revenues Compared to Annual Budget
Monthly & Year-to-Date Expenses Compared to Annual Budget
Councilmember Klein offered a motion to receive and file the March 31, 2005 TreasurerŐs Report as presented. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
7. APPROVAL OF MINUTES MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF APRIL 21, 2005.
Councilmember Bergman offered a motion to approve the Minutes of the Special City Council Meeting of April 21, 2005. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein noted that in the Special Meeting a gentleman had commented on the bid costs of the Horse Announcers Booth project. It was stated that Staff was going to get together with him on that. Are we going to have a report on the result?
City Manager Hendrickson stated that there would be a report, but he was not sure that they had met with him yet. He stated that what we need to know is whether our bid document requirements are driven by the way we put them together or by the grant requirements and if there is any way we can reduce the cost. We are still working on this.
8. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
Councilmember Klein offered a motion to receive and file the Heights Christian School Monthly status report. The motion was seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
9. APPOINTMENT OF VICE-CHAIRPERSON TO PLANNING COMMISSION
City Manager Hendrickson explained that at the last Council Meeting when you appointed the Chairperson, I mentioned that the Planning Commission would choose the Vice-Chairperson. The City Attorney informed me that the Ordinance does state that the City Council will appoint the Chairperson and the Vice-Chairperson. That is why it is on tonightŐs Agenda. If you want the decision to go back to the Planning Commission, you will have to change the Ordinance.
Mayor Douglas nominated Larry Black for Vice-Chairperson. Mr. Douglas stated that he had talked to Larry Black and he was agreeable to that. The nomination was seconded by Mayor Pro Tem Millsap and approved as follows;
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. NEW FIRE STATION/CITY HALL DEVELOPMENT
The City Manager will report on the Town Hall Meeting that took place on April 28, 2005. The City Council will begin the selection of one (1) of three (3) options. The City Council may give authority to the City Manager to prepare the recommended proposal for the development along with preliminary design, funding, and bid specifications.
City Manager Hendrickson explained that the City Attorney told him that if the Council does direct him to look at one particular site it does not mean that we are not going through all the possibilities so that is not necessarily where the final decision will be.
City Manager Hendrickson reported that at one time the Council asked that he come up with a timeline for the decision process. This became a four-step process:
á Determine Needs of Fire Department and City Hall facilities
á Set Objectives
á Review Alternatives
á Choose and Implement Preferred Alternative
Mr. Hendrickson noted that we are now in the third process to Review Alternatives. He stated that it is hoped that the Council can give some direction as to the site and how you want us to proceed.
Mr. Hendrickson noted that funding would be the most difficult obstacle. We do have a good reserve. The real need for a new dormitory and more space for the Firefighters led to a Committee being formed to look at the alternatives and we looked for a possible better site to build on and favored the site at Hacienda Road and West Road. Our objectives are to provide facilities for the long term, not just a temporary fix, stay within budget parameters, possibly improve response times, reduce parking and turning congestion and improve parking for City Hall.
Mr. Hendrickson stated that we have less staff than we did ten (10) years ago. That does not mean that we would not like to have more staff. We do have more staff in Public Safety by the increase of the Paramedics. We also want to improve traffic safety and improve school interface concerns. At either site there would be neighborhood concerns.
Alternatives are:
a. Relocate all buildings to a new site
b. Relocate fire station to new site and remodel City Hall at present site
c. Rebuild all buildings at present site
d. Remodel/rebuild at present site, but to a reduced degree
Mr. Hendrickson noted that the President of Transtech, Allen Cayir would show the PowerPoint presentation that was given at the Town Hall Meeting on April 28, 2005 while Mr. Hendrickson presented a commentary on Options.
Mr. Hendrickson explained Options 1 and 3 are at the current site and Option 2 is at the new site.
Mr. Hendrickson explained that the existing City Hall site has approximately 12,750 square feet of space in the building. There are problems with the parking and turning space. Option 1 is to add more room to the Fire Department and add a second level and some more apparatus bays, possibly tearing down one building.
Option 2 would be to build on the new 3-acre location, adjacent to some residential sites. Option 2A would be to cluster the buildings together and 2B would be to spread out the buildings on the site. Mr. Hendrickson explained that the designs are only conceptual form suggestions, not a final design. This is really to see if everything will fit there and how it would look. There are many more parking spaces possible on the new site.
Option 3 is to remodel the present site and expand the Administration Building, demolish the Fire Department living quarters and build a new 2-story living quarters and increase the apparatus bay by one. Mr. SpothelferŐs suggestion was a combination of Option 1 and 3.
Mayor Douglas noted that we need to find out how close we may come to the blue line stream. That may change how we can arrange things on the site.
City Manager Hendrickson noted that we will need to have this information before making final plans. He noted that both Options 1 and 2 are about 24,000 square feet. Option 3 is about 18,000 square feet. The one Mr. Spothelfer suggested is about 1,000 square feet more than this.
Mr. Hendrickson noted that for Option 1, to tear it all down and then build again is an estimated cost of about $6-8 million. We would need about $4-6 million financed.
On Option 2 there would be no demolition or relocation cost so the total cost would be about $5.7-$7.6 million dollars. This would be about $1 million more than on Options 3, but we feel we could earn more money by selling the present site than the new one.
Option 3 is a little less expensive to remodel but there would be about 6,000 square feet less facility space. If you cut down the square footage in Option 2 it would probably reduce the cost.
Mr. Hendrickson noted that most Fire Departments have a traffic light that they can control at their station.
Mr. Hendrickson commented that his recommendation was to go with Option 2 at the new site. He stated that staff recommends and requests that the City Council direct the City Manager to develop a strategy and timetable to include the selection of the method of development, the structure of the management and development team, the methodology and process for financing the improvements, the proposed site and preliminary building design and to identify the issues, requirements and any impediments to development. That report should be presented to the City Council no later than its September 2005 Regular City Council Meeting and that the City Manager be authorized an initial budget of $25,000 for expenses in hiring technical assistance in preparing the report.
Mr. Hendrickson commented that it would be important to determine how much money we have to work with and from what sources.
Commissioner Carroll thanked Mr. Hendrickson for his presentation tonight and at the Town Hall Meeting and the comments made by the Public and to those who wrote their thoughts and sent them in.
Mr. Hendrickson commented that Staff is thinking about the possibilities of one or two satellite stations. There is much to consider about the subject, but will be considered.
Councilmember Klein spoke in favor of the new site and noted that in his opinion this was in the best interests of the residents. The size is very important for the long term. He stated that he felt City Hall should go with the Fire Department and we should only keep one piece of property rather than two.
Councilmember Bergman commented that he would want to try to keep the square footage under control for cost but that it should be built so that it can be added to without appearance problems.
Mr. Hendrickson noted that it could be designed so that it could be added to without looking bad. He stated that most of the size is in the Fire Department part. We might be able to cut down on the number of bays.
Councilmember Bergman stated that he was in favor of moving to the new site. He stated that he was not in favor of putting money into old facilities and we are restricted with the size of the present site.
Councilmember Klein noted that if we wanted to we could build apparatus bays with a roof and put sides on later. This new piece of property gives us more options.
Mayor Pro Tem Millsap stated that she has looked into what goes on here and in her opinion we need to move to the new site. She stated that she was concerned about the costs but there are alternatives we can look into.
Councilmember Carroll stated that he was for Option 2, but that there are many more things that need to be considered. He stated that he would like to see it go to the residents for their approval by vote.
Mayor Douglas commented that he also agreed with Option 2. He noted that he did not believe they could have long-term results with both City Hall and the Fire Department on our present site. We need to sell one of the sites and we cannot do this if we are spread out on both sites. He stated that we do need more information on financing and amounts. We need to start with this information, not with designing the buildings.
Councilmember Klein offered a motion to accept StaffŐs recommendation for Option 2 as the preferred site for development of the new Fire Station, City Hall and offices for the aforementioned reasons and requests the City Council to direct the City Manager to put together a development strategy and timetable to include the selection of the method of development, the structure of the management and development team and $25,000 for expenses and Staff to come back with a recommendation on cost, and how to do it. The motion was seconded by Councilmember Carroll.
Councilmember Bergman asked that this should include the absolute minimum square footage we could have to the largest square footage.
City Manager Hendrickson stated that they would try to do that.
Mayor Pro Tem Millsap asked if it was correct that if we sell either site we would have to offer it to Public Agencies first.
City Attorney Levin explained that there is a State law that before Government property can be sold it must be offered to other agencies in the jurisdiction and others who have registered to be noticed as well. The State has also imposed more stringent requirements for affordable housing. The ramifications for not providing the housing are quite significant.
Mayor Pro Tem Millsap asked Councilmember Carroll what his thought was when he mentioned the residents having a vote.
Councilmember Carroll explained that he wanted to know if there was support in the Community for the direction we might take and how to spend their money.
The Council by consensus re-opened Public Comment upon request from Rick Albertini.
Rick Albertini, Avocado Crest, stated that some of the residents were forming a group to have a voice and speak in this matter. Mr. Albertini stated that he was of the opinion that everyone was in favor of improvement of the Fire Department facilities and Option 2 may be the best site for this. He stated that from his information, the new property was offered to the list of people as was proper and La Habra Heights was near the end of the agency list. He stated that if everyone else passed on it we could next go to Public sales. Mr. Albertini also noted that the cost analysis shows that a 2-story building cost more than a single story building. Mr. Albertini stated that he never found this to be the case. He asked for cases where it is as they stated in their cost analysis. He mentioned that if traffic lights can be controlled at the new site they should be able to be controlled at the present site.
City Manager Hendrickson explained that the present light is in Orange County.
Mr. Albertini was of the opinion that something could be worked out with La Habra for the safety of everyone. He also mentioned that the road at the new site would need to be widened and that cost was not mentioned anywhere. He also mentioned that the traffic has increased each year. He suggested that Hacienda Road be realigned to go behind the houses and the Fire Department in planning for the next 50 years. He stated his group would enjoy being part of any group that is investigating that development and his opinion is that there may be money available to work on such a project.
Public Comment was closed by Mayor Douglas.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
NEW BUSINESS
11. CONSIDERATION TO AMEND AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, EXPANDING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION AND AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE (2710-1714)
City Manager Hendrickson explained that we had ten (10) people applying for the Parks and Recreation Commission. At present the Commission is limited to five (5) voting members and three (3) alternates. This brought up a discussion among the Council about whether we should change our Ordinance or how we should handle more applicants. Since then, two people that applied have withdrawn. We still can make a decision whether to amend the Code or not. We are redoing all Ordinances so it could be put off until we get to this one in the future. Mr. Hendrickson suggested that there be five (5) members and have the alternates more open-ended and determine from time to time how many alternates to have.
Mr. Hendrickson stated that another issue is to determine whether this should be a Commission or a Committee.
Councilmember Carroll suggested that all eight applicants be made members.
The Council and the City Manager discussed the pros and cons of large numbers and smaller numbers and odd and even numbers for the Commission.
Mayor Douglas stated that he is opposed to a large number of members. He stated that he liked five (5) voting members. He wasnŐt concerned with the number of alternates
Mayor Pro Tem Millsap noted that she would like to see the voting members stay at five (5) but did not care about the number of alternates.
Councilmember Bergman commented that some applicants might want to be alternates. He noted that he thought the regular members should stay at five (5) but alternates should be flexible.
City Attorney Levin explained that they could make it so the Council can set the number of alternates by Resolution or the Council may be able to leave it open-ended.
Councilmember Klein commented that he was happy to leave things as they are, go through the interviews and see what the depth of interest is in the different applicants.
The consensus was to not change the Ordinance.
Mayor Douglas suggested that once a year the Council have a Staff Report on what the City Manager sees as tasks and priorities for the Parks and Recreation Commission that he would like to see them doing.
The City Manager suggested that this be done as part of the Budget Review.
Mayor Pro Tem Millsap commented that the Senior Management Analyst told her she was working on a five-year plan for the Park.
Mayor Douglas asked City Attorney Levin if the Parks and Recreation Commission members have to fill out the form 700.
The City Attorney answered in the affirmative.
Mayor Douglas asked if there has been any problems with applicants being intimidated by that form.
City Manager Hendrickson stated that he had not heard any complaints.
Councilmember Klein commented that it was because of the things that they handled that we had to turn them into a Commission. This was probably ten years ago.
City Attorney Levin explained that the title of Committee or Commission changes with the functions that they perform. The Commissioners are appointed by the Council and given the nature of their functions they must comply with the Brown Act. They give advice and participate in decisions about letting of contracts and improvements that go on in The Park and those kinds of things involve advisory functions which automatically trigger the disclosure requirements under State law so they have to fill out form 700. Ms. Levin stated that if you wanted to change it to a Staff appointed Committee that advised the City Manager only you might be able to convert it to a Committee that is not a Brown Act Committee, but it would be very different from what it is now, and you probably still would not avoid the disclosure requirements.
City Manager Hendrickson stated that he would not be in favor of that. He noted that Parks and Recreation Committees whether advisory or not are usually appointed by the Council and they are not an advisory to the City Manager.
City Attorney Levin commented that as long as the group participates in things like the Horse Announcers Booth and those kinds of projects they need to file the disclosure forms.
Mayor Pro Tem Millsap explained that the Commission needs to be educated about how to carry out the Brown Act.
Councilmember Klein suggested that every time there are new members they should meet with the City Attorney and the City Manager and go over such issues.
City Attorney Levin explained that as soon as the Council makes their appointments we will have a session with all new Committee and Commission members to explain the Brown Act and the conflict issues.
Mayor Douglas asked if it was possible to appoint different members for different terms to provide overlap of terms.
Councilmember Klein stated that they have done that in the past when there was a whole Commission coming on at the same time. We did the interviews and appoint some for one year and some for two years and who would be alternates.
Councilmember Carroll suggested that before the Council does interviews they have the City Manager talk to each one and ask which they would prefer, voting member or alternate. If that does not work, go by the date of application to appoint voting member or alternate. Or you can even pull names out of a hat. You do not have to conduct interviews.
Mayor Douglas stated that he agreed with Councilmember Carroll in that you donŐt really learn much in a few minutes of interviews.
Councilmember Klein stated that he thought a lot is learned from the interview.
Mayor Pro Tem Millsap stated that she did not think of it as an interrogation.
Mayor Douglas stated that he was in favor of the City Manager doing a private interview in his office.
Councilmember Klein offered a motion to go ahead with the planned meeting to interview the applicants for the Parks and Recreation Commission. The motion was seconded by Mayor Pro Tem Millsap. The motion was approved as follows:
AYES: Bergman, Klein and Millsap
NOES: Carroll and Douglas
ABSENT: None
The Council discussed what day and time to hold the interviews. They also discussed whether to tape and broadcast the interviews.
City Attorney Levin stated that videotaping and broadcasting is a matter of policy, not a legal requirement.
Councilmember Klein offered a motion that the Special City Council Meeting be videotaped, but not broadcast. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: None
ABSTAIN: Carroll
ABSENT: None
The Council asked the City Manager to e-mail them the possible dates open for the interviews.
Mayor Pro Tem Millsap noted that she thought there was some value to broadcasting the Parks and Recreation Meetings. They are doing a lot of work and it would be interesting to the Public to know about what they are doing. She stated that she did not know who would make that decision. We need to find out what the policy might be on that.
Ms. Millsap asked that it be put on the Agenda for the next meeting.
Mayor Douglas called for an intermission at 10:37 PM for a tape change.
Mayor Douglas resumed the Council Meeting at 10:47 PM.
12. NATIONAL PARK SERVICE STUDY
Discussion on the CityŐs position vis--vis the study by the National Park Service on the San Gabriel Watershed becoming a National Park.
City Manager Hendrickson reported that we had a presentation by the National Park Service (NPS) at our April Council Meeting. The study area amounts to the San Gabriel River watershed. The area covered to study for a National Park includes La Habra Heights. The Gateway Council of Governments (GCOG) has considered this and is taking a neutral position for the time being, but they have asked that the study address several issues that seem to be of concern and interest to a number of those cities it represents. If we want to write a letter to the (NPS) concerning their study, my recommendation would be that on your behalf a letter be written supporting the GCOG Resolution and include any other issues that you see fit.
Mr. Hendrickson noted the GCOG letter does not take a hard and fast position, but raises some issues that are consistent with those we might have. In my opinion there are pros and cons to the issue.
Mr. Hendrickson stated that if the Council has any other issues they would like to include we can do that.
Mayor Douglas commented that the GCOG letter really does not say very much, so we would be able to recommend it. He noted that the City ManagerŐs Staff Report stresses the pros and cons of being next to a National Park and a Special Resource Study Area is very different than a study area for a Park. He noted that he did not think Congresswoman Hilda Solis, one of the sponsors of the Study, thinks this is going to result in a National Park. Her letters seem to indicate identifying special trails or overlays of special resources.
Mr. Hendrickson stated that if the Council wants to stress any issue you should state that you want them to address that issue.
Councilmember Carroll asked what the cons were of being next to a National Park.
Mr. Hendrickson stated that in a City he had been in there was usually both a pro and con involved. There were more regulations and restrictions, but in one case easier access to springs were involved through government land.
Mr. Hendrickson stated that any concerns should be put on the table.
Mayor Douglas stated that at this point it is appropriate to support the GCOG letter.
Councilmember Carroll and Mayor Douglas discussed the possibilities of how the Government could affect our City and if they could possibly take over something that would affect our City negatively.
Mr. Hendrickson explained that they are asking for comments on the scope of their study. The study has not happened at this time. He noted that one of the things we can add to the letter is that they address Ňeminent domainÓ if that is what we are concerned about.
Mayor Douglas stated that he would like to see it placed in the letter that they use this study to help preserve Powder Canyon and the Wildlife Corridor.
Councilmember Klein offered a motion to pass on the letter until we learn more. The motion was seconded by Mayor Pro Tem Millsap.
Councilmember Bergman stated that he agreed that the Council does not know what they might be opposing. He stated that it was too early to take a position on anything.
The motion was approved as follows:
AYES: Bergman, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
ADMINISTRATIVE REPORTS
13. CITY MANAGERŐS REPORT
City Manager Hendrickson reported that they have been meeting with FEMA on the storm damage to roads and it is going very well. They have denied us funding for Hacienda Road, however because it is a Federal Highway, an Administration designated route, the Federal Highway Administration indicates that they would fund 100% of emergency repairs and 80% of permanent repairs. FEMA has agreed to quite a bit of what we have indicated on small road projects damaged by the storms. They noted that we had gathered information in a way that was easy for them to approve.
We will have more than one option for how the work should be done on the main repair on Hacienda road. We might restore the road to where it was or we might realign it slightly and give you estimates for the work. Public Works and the Engineer will start working on a solution for the undercutting at Hacienda and West Road, which is slightly more simple. There are some areas on East Road that will be going out to bid and we hope to have the bids for approval in June.
14. CITY ATTORNEYŐS REPORT
The City Attorney stated that she had no report.
15. COMMUNITY DEVELOPMENT DIRECTORŐS REPORT
Community Development Director Massa-Lavitt commented that Councilmember Klein had requested her to report on two code enforcement cases.
1782 Chota – Ms. Massa-Lavitt stated that this involves accessory construction going on at the site. She noted that she has provided a chronological memo with the activity on this lot. Several concerns were investigated over the years on grading and impervious coverage. This was found to be within the Zoning Ordinance. The owner at one point had removed an estimated 17 trees. Staff required them to get a tree removal permit and plant 34 trees as replacements. This has been done. There was a swimming pool permit in 2003 and a gazebo permit in 2004. The remaining issue on site to be resolved is a barbecue facility on the side-yard property line. The owners were informed that they would have to have a Standards Modification. They applied for one but did not complete it. They were informed of a deadline for this. We received no information. The case has been closed and referred to the City Prosecutor.
16390 Las Cumbres – Ms. Massa-Lavitt explained that this is a property that can only be accessed through Whittier. The owner applied for a CUP to install a tennis court/sports court in 2001. This was denied based on the impervious surface. It would have been well over the limit of impervious coverage. We have found that they have poured concrete and covered it with artificial grass. We have asked that the Civil Engineer prepare an As Built Grading Plan and we find the impervious coverage is approximately 8,000 square feet over the limit. We will proceed with formal notification for the owner to remove the hardscape of the sports court.
Councilmember Klein noted that the owner was well aware in the past that they could not place any more impervious coverage on the property.
Mayor Douglas questioned Ms. Massa-Lavitt about a retaining wall on that property. He asked if it has a permit.
Ms. Massa-Lavitt answered that there is a permit on record.
Councilmember Klein noted that one of the problems with the project was that they kept submitting changes of plans.
Mayor Douglas commented that the retaining wall would require a grading permit, which would require providing the reason for the wall. He stated that this should be looked into.
16. CITY ENGINEERŐS REPORT
There was no City EngineerŐs report.
17. FIRE CHIEFŐS REPORT
Fire Chief Nielsen stated that he had nothing to report.
Mayor Douglas asked about the two fires listed.
Fire Chief Nielsen explained that one was a car fire and one was a small grass fire.
Mayor Douglas asked if Chief Nielsen has a report on the weed abatement activity.
Chief Nielsen stated that the residents are being a little more cooperative this year. We have been driving around the City and it could be better, but it looks pretty good. The weed contractor for the City has been contacted by more people than in previous years.
Mayor Douglas asked if the Habitat Authority has taken care of their property.
Chief Nielsen answered in the affirmative.
Councilmember Carroll asked what the nature of the paramedic calls were.
Chief Nielsen answered that there was one and it was a 6-year old fall victim.
18. SHERIFFŐS DEPARTMENT REPORT
The Sheriff had no report.
Councilmember Klein noted that two weeks ago a car turned over on Hiatt. There were some comments and complaints from people in the neighborhood and he asked to be informed about the incident.
City Manager Hendrickson commented that he has the report on his desk.
19. COMMISSION/COMMITTEE REPORTS
There were no reports.
Councilmember Carroll reported that the LA County City selection process occurred. The two people selected were Margaret Kinley, the LAFCO representative from Duarte and Bonnie Lowenthal, the MTA representative from Long Beach.
Mayor Douglas asked the City Manager to prepare a summary of what it would cost a resident in our City for a new septic system in a report at the next meeting.
Councilmember Bergman asked if there was any reason volunteers in this City could not build the Horse AnnouncerŐs Booth.
City Manager Hendrickson stated that he did not have the answer at this time. He stated that he did not know what liability might be involved.
Mayor Pro Tem Millsap stated that the estimates were not so different, but the bid may be whatever contractors think the market will bear.
City Manager Hendrickson stated that it will be put out for bid again.
The consensus of the Council was that the reasons Mr. OŐBrian stated for the high bid should be looked into and advertise it with plenty of time and get multiple bids.
Mayor Douglas adjourned the City Council meeting at 11:33 P.M. to the next City Council Meeting.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON