CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR CITY COUNCIL MEETING
JULY 13, 2006
3. FLAG SALUTE (Taken out of order)
Mayor Pro Tem Bergman led the flag salute.
1. CALL MEETING TO ORDER
Mayor Millsap called the July 13, 2006 La Habra Heights Regular City Council Meeting to order at 7:43 P.M. at the Community Center, 1245 Hacienda Road.
2. ROLL CALL
Present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas and Fred Klein. Also present City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, Fire Chief John Nielsen, Sheriff Lieutenant Michael Claus, City Engineer John Skeith and Consulting Engineer Fred Jaleh.
4. PRESENTATIONS
á Mayor Millsap presented a Certificate of appreciation to Davida Pearson for dedicated and conscientious work as a Parks and Recreation Commissioner in 2005/06. She has resigned and will be joining the Emergency Preparedness Committee.
Mayor Millsap presented a Certificate of appreciation to Bruce Thomas for 35 years of dedicated work as a volunteer fireman.
Bruce Thomas thanked all of those who have shown their appreciation for his work also the fire department. He is moving to Kingman.
á Public Works Committee Chairperson Jerry Shipman
Jerry Shipman, Public Works Committee Chairman, stated that the maintenance work on the roads is underway. We will complete the part of Zone 3 that was not completed last year and all of Zone 4 on schedule in early September. Zone 5 will be done next year. Mr. Shipman suggested that the damage problem from construction trucks can be handled by setting up a route and fees at the time permits are issued. There seems to be no solution for one-time deliveries. He noted that trash trucks cause the major damage to our roads. He suggested when their contracts are renewed, we charge some kind of fee and have staging areas and possibly use smaller trucks for individual pick-ups.
City Manager Bates stated that staff supports his suggestions concerning the trash trucks and will consider them when contract renegotiations are due.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Kathy Sauble stated that after an earthquake we need to check for injuries and damage and listed several types of damage to watch for. Ms. Sauble also noted the importance of drinking plenty of water and keeping cool in the heat. She mentioned a cooling station in La Mirada. Plan ahead what you would need if you have to evacuate yourself and pets. Ms. Sauble noted that they are planning a CERT training with the City of La Mirada on July 15, 22 and 29th.
0:15:08
Lorrete Sayler, Ardsheal, announced that ÒMeals on WheelsÓ is now available to La Habra Heights residents. It provides two meals a day, Monday through Friday. The cost is $6 per day. The phone is (562) 905-9747.
William Rioch, Casalero Drive, stated that they found remains of fireworks and beer bottles on Flat Top. This is a dangerous situation. Last week we had a few smashed mailboxes. He was of the opinion that the Sheriffs seldom patrol there unless they are called. One neighbor is going to fence the area. He spoke about having a vote on the building of the new Fire Department/City Hall; people should vote first.
Mayor Millsap commented that the tractors at the new site are part of a staging area for roadwork. It is not connected with City Hall construction.
Lt. Claus explained that a sheriff goes to Flat Top six or seven times a day to check. He stated that they have to patrol the whole city.
Martin Offenberger, mentioned a sewer above the former Samsung Church which overflows whenever it rains hard and has dug a ditch on his or his neighborÕs property which gets covered by fallen trees and grass and is dangerous; has not been able to get help from the City or the County.
Councilmember Douglas asked the City Manager and the Community Development Director to look at the situation and see if there is any solution to this.
Crystal Myers, Las Palomas, spoke about her disappointment and confusion that the Parks and Recreation Commission is being changed to a Committee. She asked why and stated that they should have been consulted about it. She asked them to reconsider.
Sandy Dykier, Picaacho, asked how the new liaison between the Parks and Recreation and the staff will be chosen and what the duties would be. She suggested that a resident of the City be considered before we go outside of the City for that position. We need to know who will handle emergencies at The Park when there is no one at City Hall.
City Manager Bates noted that the job opening will be posted and we will look for the best-qualified person.
Stephen Blagden, Citron Road, stated that the City is being bombarded by developers and spec home builders ruining our rural environment, along with Standards Modifications previously approved by an interim Planning Director. Plans which were not checked for General Plan compliance could further degrade the City. The Council needs to direct the staff to review previously approved Standards Modifications as well as new ones for General Plan compliance, size of home fitting into the neighborhood, encouragement for keeping of animals and minimum alteration of terrain.
Mr. Blagden commented that the new action minutes make it harder, with hours of research of tapes for the Council to understand why decisions were made by the Planning Commission when considering an appeal. He asked that they bring back detailed minutes.
Mr. Blagden stated that he disagreed with the decision of the Council to change the Parks and Recreation Commission to a Committee. Having to report to the City Manager is a disconnection in the chain between the Parks and Recreation Committee and the City Council. Reasons presented for the change were weak. First detailed minutes were removed, then the broadcast of the meetings was stopped and now the Commission itself is disbanded. He asked that the Council reconsider their decision.
Mr. Blagden discussed the decision the Council made to exempt Civil Engineers and Architects from business licenses. This is an area where we have had many problems in the last few years. He asked the Council to require them to have licenses.
Norm Zezula, spoke about the legal meaning of Òproperty rightsÓ used in the General Plan. This is what our City should use when making decisions, not some private interpretation of it. He noted that the purpose of any General Plan is to restrict how a property owner can use his land. The Òproperty rightsÓ does not mean the owner can build anything he wants of any size on his property. Mr. Zezula noted that the General Plan states that we are a unique City and must keep our rural character.
5. CITY MANAGERÕS REPORT
City Manager Bates stated that we have a major unfunded mandate in developing a sewer system master plan that we have to submit to the State Water Board by November 2, 2006. The County will provide some of the basic information in our plan. We will try to get them to do as much of the work as possible, but at this point there will be a requirement that the City do a number of items in terms of the components related to land use and how that would affect the sewer system.
City Manager Bates reported that the City has received the geotechnical update on the Fire Station/City Hall complex and it has gone to the Architect and we should have more detailed information by the end of next week.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated that she had no report.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director Powers commented that they are working on Code Enforcement Law and trying to update and improve.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that they are anticipating an OES strike team and they are waiting in Morongo Valley. He stated that he is concerned that people use fireworks in our City even though it is forbidden and anyone found doing this will be turned over to the Sheriff. He is also concerned about people that toss cigarette butts out of their car windows as they travel through our City. We also have two license numbers of people observed doing this and they will be passed on to the Sheriff also. The two worst trees for fire are palm trees and eucalyptus trees.
Councilmember Douglas asked if the weed abatement along the roadside is being supported and he encouraged the Chief, Fire Marshal and perhaps the City Manager to suggest how we can implement the year round weed abatement in the City.
9. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Claus commented that citation issuance is up 97% for the first six months over the first six months of last year. We are working on the noise complaints on Hacienda Road. He noted that they have three bids for a new 911 system. The present system is very outdated and it is hard to get parts for it. The bid is $65,000.
It is recommended that Items 10 through 13 be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action on an item is requested by a Council Member or a member of the public.
Councilmember Douglas asked that Item 10 be pulled for discussion.
10. APPROVAL OF WARRANTS
11. TREASURERÕS REPORT
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
13. CITY COUNCIL MINUTES Regular Meeting of June 8, 2006
RECOMMENDATION: Approve
Councilmember Carroll moved approval to receive and file Items 11 through 13, excluding Item 10. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Douglas asked what EE Premium stands for on page 2 of the complete detail, the second item of Item 10.
City Manager Bates noted that this is a premium paid for Delta Dental. He noted that the EE may be coming from their new software.
Councilmember Douglas moved to approve Item 10. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
Councilmember Carroll moved to take Items 16 and 17 before Item 14. The motion was seconded by Councilmember Douglas and defeated as follows:
AYES: Carroll and Douglas
NOES: Bergman, Klein and Millsap
ABSENT: None
14. ACTIVATION OF CITYÕS NEW WEBSITE AND ADOPTION OF PRIVACY POLICY (DEMO)
RECOMMENDATION: That the City Council authorize the activation of the new website, and approve the attached Privacy and Internet Website policies.
City Manager Bates reported that it became clear that the Company, ÒOn Call Business ConsultingÓ, working on the website did not have the expertise to accomplish what we wanted and we asked the Community Development Director, who does have the expertise, to take over that responsibility.
Community Development Director Powers described what they intend to accomplish with the website design, such as an interactive and user-friendly experience with the ability to grow. Mr. Powers presented a demonstration of the website.
Mr. Powers asked the Council for permission to activate the website.
Councilmember Douglas noted that Mr. Powers has developed a privacy policy so that private resident information does not go out to the public.
Mayor Pro Tem Bergman moved to authorize the activation of the new website, discontinue the old website and approve the Privacy Internet policy. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
The website address is www.la-habra-heights.org
0:57:04
PUBLIC HEARING
Mayor Millsap opened the Public hearing for Item 15.
15. COMMUNITY DEVELOPMENT FEES
RECOMMENDATION: Adopt Resolution 06-17 approving the hourly rate for Planning services and revised deposit amounts.
Mayor Millsap asked if this item has been properly posted and advertised.
City Manager Bates answered in the affirmative.
Mayor Millsap asked if there had been any written communication on this item.
City Manager Bates answered that there had been none.
City Manager Bates stated that when they looked at the fees they found two areas that we were not addressing. Costs of the pre-planning (grading, initial landscaping and conceptually how the plan was laid out) for the projects, we were only covering the costs of the consultant. We also found that some of our deposits were low. Some of the bills formed are hard to collect. We need to be working for the project with applicants money.
Community Development Director Powers explained that they are trying to develop a model of how long it takes to process certain cases by looking at the history of cases. That is how we try to figure a schedule for deposits. We are trying to make the fees match the time it takes to process our work. We will be tracking our time spent on the computer now.
The Council discussed areas of the process with the City Manager and the Community Development Director.
Community Development Director Powers noted that they need to bring this back to the Council in a year to see how this is working.
It was decided that the Council would like to see an update in 3 months and a report in six months.
Councilmember Klein suggested that when they receive a deposit, they should convert that into man hours and whoever is working on it cannot go over those hours before they come back for more deposit.
Community Development Director Powers noted that whoever is working on the project will also be keeping track of their time on our system and we will be able to monitor everyoneÕs time daily.
Stephen Blagden, Citron Road, suggested that they add to the Resolution, at ÒWhereas the City seeks to revise and increase the feesÓ, the words, Òin order to more accurately reflect the cost of providing service.Ó
Mayor Millsap closed the Public Hearing.
Councilmember Carroll moved to accept Mr. BlagdenÕs suggestion to add the words Òin order to more accurately reflect the cost of providing service.Ó to the Resolution. The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
1:15:39
16. AN APPEAL OF A PLANNING COMMISSION DECISION ON A GRADING MODIFICATION 2005-11 AND STANDARDS MODIFICATION 2005-27 (Jenkins) 1600 Kashlan Road
RECOMMENDATION: Staff recommends affirming Planning Commission decision and adopt Resolution No. 06-15: Standard Modification 2005-27 and Grading Modification 2005-11 located at 1600 Kashlan Road.
Mayor Millsap noted that this is an appeal brought before the Council by Stephen Blagden. The Public Hearing is open.
Mayor Millsap asked if the Item has been properly posted and advertised.
City Manager Bates answered in the affirmative.
Mayor Millsap noted that we have correspondence on Item 16; did we receive any more this evening?
City Manager Bates answered that we have not received any additional.
Community Development Director Powers noted that this is an appeal concerning the Planning Commission approval of Grading Modification 2005-11 and Standards Modification 2005-27 for the project at 1600 Kashlan Road. The owner is James Jenkins and the applicant is Architect Ken Parsons. The proposed graded area is 1183 square feet over the allowable and the proposed impervious coverage is 1697 square feet over the allowable. Total size including garage and decks is 5310 square feet. The driveway contains a bridge. The building is outside of the slope and equestrian easements. Kashlan Road actually encroaches on the property at the northern tip. Mr. Powers presented pictures showing how the view would be affected by this project. The question arose, what is a ÒsignificantÓ view? The proposed project does not violate the only view described in the Municipal Code.
Appellant issues:
á 48% slope
á an equestrian easement
á a slope easement
á a flood hazard area
á a former blueline stream
Mr. Powers noted that the structure is not proposed to be built in any of these areas. The formula for obtaining some of these numbers is not clear and open to interpretation. The applicant will be required to comply with the SUSUMP requirements and the Building Code when the project is further along. We recommend approval of SM2005-27 and GM2005-11.
City Attorney Levin explained that the whole project is under review and answered a question from Councilmember Douglas stating that using the previous plans to draw on for modifications will not cause a copyright violation as they are of public record.
Community Development Director Powers clarified that there had been two cases of story pole vandalism on the project, which happens often with story poles.
The Council and Community Development Director Powers and City Attorney discussed the numbers for slope and the grading and impervious numbers and the formula used to get them. They discussed why the parking is located where it is and if the bridge would have requirements from the Fire Department, as to weight capacity and width.
Fire Chief Nielsen stated that there would probably be some requirements and he would bring back an answer to the Council.
Mayor Millsap opened the hearing for public comment.
Mr. Blagden, the Appellant, submitted the tapes to the Council covering the Planning Commission coverage of this project. He explained that the areas he mentioned require a Mitigated Negative Declaration. He noted that slopes should not be so hard to figure, and explained if the parking was on the side, it would be lower than the neighbor and could be screened. Circulation policy 2 must be enforced. We are still under the old codes, but the new General Plan takes precedence. This project violates the new General Plan. Mr. Blagden stated that the house could be lowered and modified and explained the remaining violations and some solutions. The applicant must modify plans to conform to codes and General Plan.
Ken Parsons, Applicant, explained that the Fire Marshal stated that the bridge had to be able to support an ambulance or similar vehicle; the bridge would place a fire engine too close to the house if it was on fire. He noted that they had considered Mr. BlagdenÕs suggestion for a different entry to the property from Kashlan Road and decided that this would cause more slope problems and possible dangers. We are minimizing the impact on the natural terrain. He did not agree that doing much more grading and having more impervious coverage would be a good method to drop the roofline a small amount. Mr. Parsons was of the opinion that they had tried hard to follow the codes and suggestions from the Planning Commission.
James Jenkins, owner, stated that he was not sure that the story pole vandalism was done by children; he thanked all of those that had supported him; he felt the complaints against his project were petty; he disagreed with statements by Margarita McCoy.
Rambler Khavosy, West Covina, California, spoke in favor of Mr. Jenkins.
Aida Corsage, Covina, California, stated that she has reviewed all of the tapes of the consideration by the Planning Commission and spoke in favor of the project.
Ricardo Morin, Walnut, California, stated that he had listened to all of the tapes on this subject and he spoke in favor of the project.
Martin Offenberger, Kashlan Road, urged the Council to follow the General Plan.
Margarita McCoy, Kashlan Road, stated that they worked hard on the General Plan and it will protect the City. If the policies are ignored, it will break the General Plan. This project violates several General Plan policies.
Ginger Skinner, Kanola Road, stated that she is speaking in support of the Planning Commission and their decision.
John Beau, stated that he backed the Planning Commission and urged the Council to do the same. He stated that he did not believe this was a Òsignificant viewÓ.
Ed Borrowe, Reposado Road, stated that the comments made by people who live here need to be balanced by the comments made by those who do not live here; he stated that there are many violations of the General Plan; views of the residents should be protected and the General Plan followed.
Alan Penwella, Camarillo, California, spoke in favor of Mr. JenkinsÕ project.
Walter Guest, Walnut, California, spoke in favor of the project.
Tina Krause, Long Beach, California, stated that property rights should be honored.
Ben Bautista, Walnut, California, spoke in favor of the project.
Deborah Foster, Walnut, California, asked that the project be approved.
Norm Zezula, noted that views from the roadways are as important as any other view. He stated that Òsignificant viewÓ is not the same as Òprimary viewÓ.
Tammy Rioch, Casalero Drive, stated that approving plans that go against the General Plan would not be in the interest of preserving the Heights. The decision made tonight will set a precedent.
Katie Martin, stated that the question is what is a Òsignificant viewÓ. The Planning Commission was assured that a resident would be able to get Standards Modification and she hoped that the Council has looked at the situation and problems so they can fairly consider this appeal.
William Rioch, Casalero Drive, stated he is concerned about this case making a precedent and he would like to see the owner make the house a little smaller and follow the codes.
Leo Terrell, Lawyer, stated that people keep mentioning the General Plan as the Constitution for the City and he stated that the Planning Commission has been delegated to interpret the General Plan and they have approved the project.
Ken Parsons, Architect, stated that the City of La Habra Heights is what it is because of the General Plan and review processes. He noted that in approximately 530 feet frontage on Kashlan Road, the house would block no more than 50 feet of that frontage.
Stephen Blagden, stated that the driveway could be placed as he suggested and the house could be built into the slope instead of propping it up. His agenda is to preserve and protect this City and support the residents of the City wherever they live. If plans had been presented without code violations it would have been approved in one meeting.
Mayor Millsap closed the Public Hearing and returned the meeting to the Council for discussion.
3:05:50
The Council and staff discussed whether a Mitigated Negative Declaration was needed as Mr. Blagden noted.
Community Development Director Powers explained that they had looked at any items that might need a Mitigated Negative Declaration and found nothing needed and agreed to a Categorical Exemption.
The Council discussed the possibility that the grading plans were not correct.
City Engineer Skeith stated that he could not tell whether the house would be on cut or fill, but he agreed with Mr. Parsons that the final contours at the rear of the house would not be there as the house follows the natural terrain. It is not appropriate to check at this time.
Community Development Director Powers presented a video showing the story poles and the view when driving past the property. He felt this showed what view would be lost better than Mr. BlagdenÕs pictures.
Councilmember Klein stated that the impervious coverage is 40% over the limit and the house is too big for this lot.
There was discussion on whether the easements should be used when figuring the gradable and impervious coverage. Each Councilmember evaluated the project.
City Attorney Levin stated that the CouncilÕs choices are to uphold the Planning CommissionÕs approval, reverse their decision or deny without prejudice.
Councilmember Klein moved to grant the appeal and deny the project without prejudice due to the overage of impervious coverage. The motion was seconded by Mayor Pro Tem Bergman.
Councilmember Douglas asked if it is possible to add a condition to move the parking out of the front setback.
Councilmember Klein and Mayor Pro Tem Bergman did not agree to amend the motion as that would cause more impervious coverage.
The motion failed as follows:
AYES: Bergman and Klein
NOES: Carroll, Douglas and Millsap
ABSENT: None
Councilmember Douglas asked if the Architect could accomplish changing the parking.
Mr. Parsons explained that outside of the front setback we are in a steep slope. He stated that he had considered the long driveway, and he did not think he could change the parking safely and still follow the General Plan.
Councilmember Carroll offered a motion to deny the appeal and uphold the approval of the Planning Commission and adopt Resolution 06-15. The motion was seconded by Mayor Millsap and failed as follows:
AYES: Carroll and Millsap
NOES: Bergman, Douglas, and Klein
ABSENT: None
Councilmember Klein moved to grant the appeal and deny the project without prejudice. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Douglas, and Klein
NOES: Carroll and Millsap
ABSENT: None
City Attorney Levin stated that she will draft a Resolution for this decision and she asked the Council to go through the Resolution in the packet and tell her which findings that cannot be made.
Councilmember Douglas stated that he could not make finding number 4 under Standards Modifications and number 4, 7, and 9 under Grading Modifications, also the General Plan view preservation.
City Attorney Levin suggested they authorize the Mayor to sign the Resolution.
The Council agreed.
Mayor Millsap called for an intermission at 11:55 P.M. and reconvened at 12:11 P.M.
4:11:50
17. STANDARDS MODIFICATION 2006-09, GRADING MODIFICATION 2006-02, CONDITIONAL USE PERMIT 2006-01 AND TREE REMOVAL PERMIT 2006-02 AND MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN 1 FOR 707 DOROTHEA ROAD
RECOMMENDATION: That the City Council approve Resolution No. 06-16, Conditional Use Permit CUP2006-01 Standards Modification SM2006-09, Grading Modification GM2006-02, Tree Removal Permit TRP2006-02, and CEQA Mitigated Negative Declaration and associated Mitigation Monitoring Program 1.
Ken Parsons, Architect and applicant, asked since it is so late if the Council would consider holding a special meeting for this item for 707 Dorothea Road.
After discussion the Council decided to meet at an Adjourned Regular Meeting at 7:00 P.M. on July 28, 2006.
Councilmember Klein moved to continue Item 17 to an Adjourned Regular Meeting at 7:00 P.M. on July 28, 2006. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
18. LHH MUNICIPAL CODE 1, 2 AND 3
General Provisions, City Administration, Taxes, Licenses and Fees.
RECOMMENDATION: That City Council hold a public hearing, read the title of the proposed adopting ordinance, waive further reading and subject to any changes, approve the adopting Ordinance 266 for Articles 1, 2 and 3 of the LHH Municipal Code.
Mayor Millsap opened the Public Hearing.
There was no Public Comment.
City Manager Levin noted that this will be the second reading and will become effective 30 days from tonight.
Councilmember Carroll stated that under 2.3.40 C on page 2-6 it might need to be made clearer.
City Attorney Levin stated that it didnÕt need to be clarified as it is in the Election Code.
The consensus of the Council on page 3-14, under 3.6.40 A, was to include that the Architects and Civil Engineers need to have a business license in the City and directed the Attorney make that change.
City Attorney Levin noted that she would have to look into this and if it is changed she will bring it back as a code amendment.
City Attorney Levin read the title of Adopting Ordinance No. 266.
Councilmember Carroll moved to adopt Adopting Ordinance 266. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CITY COUNCIL COMMENTS
Councilmember Douglas stated that he and Councilmember Klein would like a discussion with staff as to why City Engineers are not allowed to speak about grading issues at meetings
Councilmember Klein noted that Community Development Director Powers will discuss this in August. He also mentioned the illegal dumping on Hacienda Road and he would like the Sheriff to bring back information about the cameras that might help this. He also noted that he would like some documentation on when they patrol the Flat Top area.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
ADJOURNMENT
Mayor Millsap adjourned the meeting at 12:30 A.M. to an Adjourned Regular Meeting on July 28, 2006 at 7:00 P.M.
ATTEST:
________________________________
RONALD BATES, CITY CLERK