CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
AUGUST 10, 2006
G. C. 54957 – Title: City Manager
ANTICIPATED LITIGATION:
A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency. Facts and circumstances that might result in litigation but which the City/Agency believes are not yet known to potential plaintiff or plaintiffs.
G.C. 54956.9b (3) (A)
Two Cases
INITIATION OF LITIGATION:
CONFERENCE WITH LEGAL COUNCIL G.C. 54956.9(c)
One Case
1. CALL MEETING TO ORDER
Mayor Millsap called the August 10, 2006 La Habra Heights Regular City Council Meeting to order at 7:41 P.M. at the Multi Purpose Room, 1245 Hacienda Road. Mayor Millsap noted that there was nothing to report from Closed Session.
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, Planning Technician Barbara Doppieri, Fire Chief John Nielsen, Sheriff Deputy Jim Bickel and Transtech President Ali Kayir. Consultant Marc Blodgett arrived at 9:00 P.M.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Jerry Shipman reported work is in progress in Zone 4 and on Avocado Crest.
á Emergency Preparedness Committee, Chairperson Kathy Sauble
Kathy Sauble, reported on the Emergency Preparedness subject of ÒCommunicate and RecoverÓ.
á Avocado Festival Musicians
Mayor Millsap presented certificates of appreciation for Nick Drakos and other band members at the Avocado Festival and the singer, Steve Eckstein.
Julie Edwardz, Fullerton Road, spoke about past multiple Fire Stations in the City and request that a station be reinstated on the East Side.
Stephen Blagden, Citron Road, supported the City Manager informing the public and Council regarding a potential appeal. Speculative projects need to fit the community and municipal code.
Crystal Myers, presented the Councilmembers with an article that she asked them to read.
Ed Borrowe, Reposado Road, spoke in favor of a small Fire Station on the East side; and asked that the subject be placed on the September Agenda for discussion.
Norm Zezula, was concerned that the July 13, 2006 City Council meeting an outside developer and many people from other cities complained about our rules and spoke against Margarita McCoy.
Mayor Millsap thanked Carol Engelhardt and Crystal Myers for their work to get entertainment together for the Avocado Festival.
Carol Engelhardt, explained that Steve Eckstein was a singer with one of the bands.
Steve Eckstein, thanked Joe for his high quality sound system and having been invited to the Avocado Festival.
0:27:50
ADMINISTRATIVE REPORTS
5. CITY MANAGERÕS REPORT
City Manager Bates noted the increased hits on the new website. Time Warner Cable has taken over from Adelphia. The County Water District has advised us that they will be improving the water reservoir capacity at the end of Skyline at Suncrest. Mr. Bates stated that he and Councilmember Douglas attended a meeting of HOSEC (dealing with the AERA development) concerning a change in the Òsphere of influenceÓ for the portion of the AERA development on the west side of the 57 freeway.
Councilmember Douglas added that LA CountyÕs advisors were not happy with the Environmental Review. AERA would probably find Diamond Bars requirements a little easier than if they had to deal with stricter LA County. Mr. Douglas stated that it seems that the big increase of traffic would not be onto Harbor Blvd.
City Manager Bates thanked Stephen Blagden for his help gathering information that we can place on our baseline maps to comply with national pollution elimination discharge system requirements. PXP (oil company) has been acquired by Occidental.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated she had nothing to report.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
The Planning Technician had nothing further to add to her written report.
8. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that Academy 39 will start this Saturday.
Chief Nielsen noted that the Fire Marshal still notes that roadside clearance is a problem and he is working on a one-year weed abatement plan, which will include roadside clearance.
9. SHERIFFÕS DEPARTMENT REPORT
Mayor Millsap mentioned a number of accidents that occur on Harbor at Kashlan Road.
0:54:17
It is recommended that Items 10 through 15 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 member of the public.
Councilmembers pulled Items 10, 13 and 15.
Councilmember Carroll moved to approve Items 11, 12, and 14. The motion was seconded by Councilmember Klein and approved as recommended:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. APPROVAL OF WARRANTS
Councilmember Carroll asked if the nearly $10,000 paid to the City of Whittier for Dial-a-Ride is a quarterly payment.
City Manager Bates stated that he thought it was, but he would check it and get back to him. He noted that he would place information on amount of riders in his report.
Councilmember Carroll moved to approve the Warrants. The motion was seconded by Mayor Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. CITY COUNCIL MINUTES:
Special Meeting of June 29, 2006
Mayor Millsap noted that on the last page under Adjournment it should read Mayor Millsap adjourned the meeting, rather than Councilmember Carroll.
City Attorney Levin noted that on page 4 of the June 29, 2006 minutes in paragraph 4, second sentence, it should state that the City Manager is given authority Òto establish Committees and how it can be done.Ó
Regular Meeting of July13, 2006
Mayor Millsap noted on the last page, under City Council Comments, first paragraph, change the phrase ÒCity Engineers are not allowed to speak about grading issues at meetingsÓ should read ÒCity Engineers are not prepared to speakÓ.
Councilmember Bergman moved to approve the minutes of June 29, 2006 and July 13, 2006 as amended. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. MUTUAL AID AGREEMENT FOR FIRE SERVICE RESPONSE BETWEEN
AREA E AND THE CITY OF LONG BEACH
Mayor Millsap offered a motion to authorize the City Manager to sign the attached Mutual Aid agreement on behalf of the City of La Habra Heights. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
1:09:15
OLD BUSINESS
16. COMMUNITY DEVELOPMENT DEPARTMENT REORGANIZATION
Councilmember Carroll moved to authorize City Manager Bates to give a 90-day notice of termination of the contract between the City of La Habra Heights and Transtech and approve the full-time position of Public Works Manager. The motion was seconded by Mayor Pro Tem Bergman.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Millsap called for a short intermission and then returned the meeting to the Public Hearing.
1:21:15
PUBLIC HEARING
17. LA HABRA HEIGHTS MUNICIPAL CODE ARTICLES 4, 5, AND 6, Environmental Health and Safety; Building, Electrical, Plumbing and Mechanical Code; and Streets, Right of Way, and Encroachment
City Manager Bates noted that the Public Hearing had been properly posted. Mr. Bates stated that staff has gone through the articles and pointed out four areas where we think there are policy issues that the Council might want to focus on and he noted Article 4.5 – Public Nuisances, 4.1 – Animal Control, 6.4 – Roadway Encroachments and 6.5 – On Street Parking. After review and comment direct any changes to staff and we will return these along with the balance of the articles for a first and second reading in September.
Mayor Millsap opened the meeting for Public Comment.
George Edwardz, Fullerton Road, requested that a dry hydrant requirement on new swimming pools be instituted so the Fire Department can fill their trucks in emergencies from the street; he also noted the danger of vinyl window frames melting in fires.
Mayor Millsap noted that they will make a note to take the suggestions into consideration when they consider Article 7.
Stephen Blagden, Citron Road, noted that the two items mentioned are good ideas and should probably go in the Fire Code; Article 4.16.20 – ÒImpairment of Natural StreamÓ, should be ÒImpairment of Natural Drainage CoursesÓ and the Natural Drainage Course should be mentioned in the body. Article 5 referring to Building Code, the current Code has Section 8100 which has changes to the LA County Building Code. On Article 6, there have been some concerns that the City has not tracked encroachment permits. Under the existing 7.101.8 E. and F., permittees are required to record permit features and show continuing evidence of bond or insurance. The new 7.11.50 B. says to keep encroachments eight feet from the pavement. The new Article 6 mentions six feet. He noted that street right-of-ways are frequently encroached upon; education of residents needs to be done.
Norm Zezula noted overnight on-street parking should be allowed when it does not interfere or obstruct the safe use of the streets or adjacent properties; he suggested that staff should make a list of streets and segments of streets that would be an exception and this should be recommended to the Council.
City Manager Bates noted that such items as Encroachments and the on-street parking ban will need several steps to work out how to put the Ordinance into practice.
Mayor Millsap closed the Public Comment.
The Council discussed various items in Article 4.
The Council considered Article 5.
City Attorney Levin commented that in Article 5 we have basically adopted LA County Codes on Building, Electrical, Plumbing and Mechanical and also all of our own land use and development requirements in Article 7.
The Council considered Article 6.
CITY COUNCIL COMMENTS
Mayor Millsap noted letters received from Mr. Edwardz mentioning an East Heights Volunteer Fire Department (this is not something our City participates in). Mr. Edwardz claims to be a certified firefighter, but he is not with our Fire Department of professionals.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
ADJOURNMENT
Mayor Millsap adjourned the City Council Meeting at 11:57 P.M. to a Special City Council Meeting on August 24, 2006 at 7:00 P.M.
ATTEST:
_______________________________
RONALD BATES, CITY CLERK