CITY OF LA HABRA HEIGHTS
REGULAR MEETING OF THE
LA HABRA HEIGHTS CITY COUNCIL
SEPTEMBER 14, 2006
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)
One Case
1. CALL MEETING TO ORDER
Mayor Millsap called the September 14, 2006 La Habra Heights City Council Meeting to order at 7:41 P.M. in the Multi Purpose Room, 1245 Hacienda Road.
City Attorney Levin stated that no reportable action had been taken during the 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, Community Development Director Justin Powers, Planning Technician Barbara Doppieri, Fire Marshal Ken Hill, Fire Chief John Nielsen, Sheriff Lieutenant Claus. Marc Blodgett arrived for Item 20.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. PRESENTATIONS
á Public Works Committee, Chairperson Jerry Shipman
Jerry Shipman reported that the work on Zone 4 should be finished by next week. He noted that the Public Works Committee needs another member.
á Emergency Preparedness Committee (EPC), Chairperson Kathy Sauble
Kathy Sauble read the Mission Statement of the EPC. She noted the importance of having water on hand and that an emergency plan is needed along with plans for children at school and a school kit for emergencies. There will be a C.E.R.T. class shortly in La Habra.
á Richard Zinsley, Wildlife Corridor Committee
Mayor Millsap commented that they have a certificate of appreciation for Richard ZinsleyÕs service, but he was not able to be here tonight. She noted that Sona McCoy has been appointed to replace Mr. Zinsley.
á Steve Garcia, Habitat Authority
Steve Garcia commented that he is one of three La Habra Heights residents representing the Habitat Authority. He mentioned that the Harbor Blvd. Wildlife Underpass is finished and was dedicated on June 1, 2006. It is a huge success. The Habitat Authority is still working on acquiring further land. Mr. Garcia noted several items of interest happening in the Habitat area.
0:15:40
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Jerry Shipman, Dorothea, expressed his neighbors concerns about fire danger particularly on Avocado Crest where there are piles of debris that pose a fire hazard and dead, cut down tree trunks and branches in another lot that have been there for three years. He stated that he has complained about this numerous times.
Fire Marshal Hill noted that the first property, is being slowly taken care of by the owner and on the second lot, both owners have died and that has caused a problem, but will be taken care of.
George Edwardz, Fullerton Road, asked if they could get a hole drilled on the property given to La Habra Heights by the Habitat Authority for a Fire Department on the East side of town.
Julie Edwardz, Fullerton Road, commented that it has come to her attention that the City will be conducting an entrance exam in early October for the Volunteer Fire Department, but she can find no advertisement of this anywhere by the City. This should be done.
Norm Zezula stated that the City seems to be under some deadline to revise the Ordinances to comply with the new General Plan. He noted that many of these changes are not necessary and suggested that we only spend time now on those that fall under that deadline, we can always go back to the less important changes later.
Cliff Simonson, President of BSI and Commerce Realty, spoke about the provision in Article 7, Section 7.14.40 V on the requirement that Open Space Resource parcels are required to be a minimum of five (5) acres. He stated that he hoped this would be considered tonight. This requirement would encourage more oil wells. Where does that requirement come from and how will it benefit the City? The CUP should protect the City from any nuisances. Please reject this provision.
Marlin Brown, with BSI and Commerce Realty, spoke against the minimum five (5) acre lot size and noted that the City of Torrance has a setback of 40 feet for such a lot or a requirement for a firewall. He stated that their study was focused on 29 oil wells that were close to buildings mostly in residential areas.
0:32:55
ADMINISTRATIVE REPORTS
5. CITY MANAGERÕS REPORT
City Manager Bates reported that the Wildlife Corridor Conservation Authority appointed Sona McCoy as their new member for two years and continued Ann CoteÕs appointment for two years. Mr. Bates also reported that the Council had a hearing on 1600 Kashlan and agreed that the applicant could come back to the Council to present their plan. The applicant will resubmit the plan through the Planning Commission.
6. CITY ATTORNEYÕS REPORT
City Attorney Levin stated that she had no report.
7. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
Community Development Director Powers reported that the new City website has had 80,000 hits in the month of August. He noted that new street signs are going up and the City is selling the old signs for $40 on a first come first served basis. Mr. Powers noted that at the next Council meeting they will discuss illegal dumping and graffiti. We have requested that Edison remove the streetlight that was recently installed at Lamat and Avocado Crest.
8. FIRE CHIEFÕS REPORT
George Edwardz noted that there was a 1999 Ordinance for draft hydrants on new pools. Has this been taken care of?
City Manager Bates noted that when we get to Article 7 we will have an updated recommendation on the draft hydrants.
Mr. Edwards noted that nothing was on the Fire DepartmentÕs report about the upcoming training academy.
Fire Chief Nielsen stated that the Fire Department had advertised the academy where they think it is necessary and 150 spots have been filled for some time.
9. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Michael Claus noted that they had a traffic safety operation on Harbor Blvd. and issued 45 traffic citations.
0:41:45
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 a member of the public.
Mayor Millsap asked to pull Items 13, 14, and 15.
10. APPROVAL OF WARRANTS – AUGUST 2006
11. TREASURERÕS REPORT – JULY 2006
12. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
Councilmember Carroll moved to approve and receive and file Items 10, 11, and 12. The motion was seconded by Mayor Pro Tem Bergman and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. CITY COUNCIL MINUTES: Special Meeting of July 28, 2006
Regular Meeting of August 10, 2006
RECOMMENDATION: Approve
Mayor Millsap noted that they have a letter from Mr. Norm Zezula noting items in the minutes that he wanted to correct. She noted that they donÕt usually have corrections from the public but they will take it into consideration. She stated this is one good reason for Action minutes.
Mayor Millsap commented that on the August 10, 2006 Minutes in the Roll Call, Transtech PresidentÕs last name should be spelled ÒCayirÓ.
Mayor Pro Tem Bergman moved to approve the Special Meeting of July 28, 2006 also the Regular Meeting of August 10, 2006 as corrected. The motion was seconded by Mayor Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. INTERIM MORATORIUM ORDINANCE AFFECTING SUBDIVISIONS AND MULTI-LOT GRADING
City Manager Bates suggested that the Council adopt Ordinance 268-U extending an Interim Moratorium pursuant to Government Code Section 65858 regarding multiple lot grading approvals and subdivision approvals in portion of the R-A Zone and declaring the urgency thereof.
City Attorney Levin explained that the ÒfindingÓ listed on page two (2) of the Staff Report should be included in the Ordinance as a ÒfindingÓ.
There was no public comment on this item.
Councilmember Carroll moved to waive further reading and adopt Ordinance 268-U. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. FLOODPLAIN MANAGEMENT ORDINANCE
City Manager Bates commented that the Floodplain Management Ordinance is a requirement of FEMA in order for residents to maintain flood insurance and for the City to receive flood insurance or flood awards for projects that result from flood damage. He recommended that City Council approve a 1st reading of Ordinance 264 and place for second reading and adoption at the next regularly scheduled meeting.
Councilmember Carroll moved to waive further reading and adopt the Floodplain Management Ordinance 264. The motion was seconded by Mayor Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
0:48:20
16. FEMA – AHUACATE LANDSLIDE DESIGN AND REPAIR
Bruce Barrette, Public Works Manager, stated that they received approximately $180,000 from FEMA and think they can handle this for around that amount and recommended that Council approve the scope of services for engineering design to Civiltech Engineering, Inc. and authorize the expenditure not to exceed in the amount of $18,500. Also, determine that an emergency exists based on the findings and delegate the City Manager to retain a contractor to make necessary repairs on Ahuacate utilizing Public Contract Code Section 22050, not to exceed $200,000.
Community Development Director Powers noted that they have met with FEMA and explained the situation and FEMA implied that they would work with us.
Bruce Barrette gave a brief overview of how the repair and the traffic for it would be handled.
Mayor Pro Tem Bergman moved to approve the expenditures for the Ahuacate Landslide Design and Repair as recommended. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
0:58:00
17. MOTOROLA LEASE/PURCHASE FOR THE FIRE DEPARTMENT
City Manager Bates recommended that Fire Chief Nielsen be authorized to enter into an agreement in the amount of $10,474.00 (option 3-5 year lease) with Motorola for the proposed lease/purchase of fire radio equipment. He asked Fire Chief Nielsen how the maintenance would be handled.
Fire Chief Nielsen explained that Motorola will pay for the maintenance during the 5-year lease and after the 5- year lease it belongs to us and the maintenance is continued free. We will be able to talk to any other Fire agency in LA County.
The Council discussed if this way of doing the purchase is the best value.
Fire Chief Nielsen assured the Council that the radios were tested to be sure they work well in La Habra Heights.
City Attorney Levin noted that the Council will need to make the finding that this is unique equipment because of the specifications, the quality, durability and fitness for a particular use and compatibility with the equipment we already have.
Mayor Pro Tem Bergman moved that they approve the Motorola Fire radio equipment lease for 5 years and the language noted by City Attorney Levin. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Fire Chief Nielsen noted that some other Department in the City could use the old equipment.
1:08:00
18. COMPUTERIZED PERMIT AND TIME TRACKING SYSTEM AGREEMENT
City Manager Bates noted that this system would be a big help in the Community Development Department.
Community Development Director Powers stated that after consideration, we have decided on a hosted solution for a permit tracking system. This will cost $150 per month per user and there will be four users. $7200 per year plus a setup fee.
The Council discussed various possibilities for the software and if it is secure and has backup.
City Attorney Levin noted that they are negotiating a couple of the terms of the agreement and the motion should authorize entering into a similar agreement as this.
Mayor Pro Tem Bergman moved to authorize the City Manager to execute a one-year agreement to Attachment A with CitizenServe and authorize the expenditures not to exceed in the amount of $10,700 in compliance with the Staff Report. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Millsap asked for a short intermission at 9:04 P.M. and resumed the meeting at 9:16 P.M.
1:32:25
19. AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A STANDARDS MODIFICATION 2006-17 AND GRADING MODIFICATION 2006-09 FOR THE CONSTRUCTION OF A SWIMMING POOL LOCATED 3Õ (THREE) FEET FROM THE PROPERTY LINE AT 1404 PEPPERTREE
Mayor Millsap opened the Public Hearing and asked if the Item had been properly noticed.
Community Development Director Powers stated that it had and noted that there had been no further communication received. He stated that this is an appeal of a Planning Commission decision denying without prejudice a pool, fireplace and outdoor kitchen three feet from the property line at 1404 Peppertree Drive. The applicant is Thomas and Marie Stangl. Mr. Powers presented the report on the issues involved. He stated that the Planning Commission recommends adoption of Resolution No. 2006-19: Denying without prejudice Standard Modification 2006-17 and Grading Modification 2006-09 located at 1404 Peppertree.
Mayor Millsap opened the meeting for Public Comment.
Thomas Stangl, Peppertree Drive, noted that there are several things talked about that he could change on the plan. He presented a DVD of the area involved. The DVD would not project on the big screen. Mr. Stangl explained the layout of his property and different areas that were suggested for the pool and the neighborÕs area. He explained why they picked the side yard.
The Council discussed other possibilities for placement of the pool.
Fire Marshal Hill explained that outdoor fireplaces are not allowed, only gas barbecues as nothing is allowed that would create air borne embers or a fire.
Mayor Millsap closed the Public Hearing and returned it to the Council for discussion.
Councilmember Klein moved to uphold the Planning CommissionÕs Òdenial without prejudiceÓ decision. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
2.10.05
20. LHH MUNICIPAL CODE ARTICLE 7
City Manager Bates noted that the purpose of Article 7 is to simplify and better organize the Code to enable the user to find information more easily and to have the information structured so it might be more effectively applied. He stated that there is more emphasis on planning rather than engineering over slope. Mr. Bates spoke about draft hydrants for swimming pools and asked that it be at the Planning CommissionÕs discretion where extra pressure might be needed for the hydrants. He noted that he talked to the Water Company to find where it might be needed near the top of the City. We would provide an amendment to the Code to provide selectively the draft hydrants as needed.
Community Development Director Powers noted two changes they need to check on with the Planning Commission. He mentioned an overview of comparisons of cases over the past two years between the old codes and the new codes, noting the main issues that are brought up.
RECOMMENDATION: That City Council hold a public hearing for Article 7. After review, comment and changes; direct staff to finalize the Article for subsequent Council action.
Mayor Millsap opened the hearing for public comment.
George Edwardz, Fullerton Road, presented the Council with a video tape of a demonstration by the LA County Fire Department on their requirement of draft hydrants in the City of Malibu. He stated that the flow rate in the City of La Habra Heights varies over the whole City and many places are below the rate required by the draft hydrant system and they are also important in case a water main breaks. Our Fire Department does not carry hoses for a draft hydrant system. He noted that the Fire Chief and City Manager wrote an Agenda Report saying that we donÕt need such a system because people have portable pumps, which I have not found in my neighborhood. He encouraged the use of the draft hydrant system.
Stephen Blagden, Citron Road, stressed how important the Zoning Codes are to the City. The larger size homes that have developed have decreased privacy and are no longer rural. The current codes do not protect the City or follow the General Plan. Approve the new Codes.
Norm Zezula noted that the General Plan says to Òlimit impervious coverageÓ. This does not mean that the City can increase the current Òimpervious coverageÓ limits. Staff has trouble figuring Òaverage slopeÓ, so clearly establish and follow a standard method for determining Òaverage slopeÓ.
Mayor Millsap stated that they also received two written comments that encouraged the Council to move forward with Article 7.
The Council proceeded to consider Article 7.
The meeting paused for a video tape change at 11:03 P.M. and resumed at 11:07 P.M.
The Council decided the next meeting dates would be September 25, September 27, September 28, (first reading) and October 5, (second reading) all at 7:30 P.M. and September 29 at 7:30 P.M. and September 30 at 9:00 A.M. if needed.
City Attorney Levin explained that the second reading has to be at a regular meeting so we will have to adjourn each meeting from this regular meeting and continue it until the second reading.
The Council stopped their consideration of Article 7 at 7.12 Landscaping and will start there at the next meeting.
Councilmember Carroll reported that at the ÒLeagueÓ conference it was noted what small towns are doing to revive a shrinking population, such as involving the community as we do in Park events. He also noted Proposition 90; if any discretion is granted it could be grounds for challenge. If Proposition 90 is adopted the City could be potentially liable.
City Attorney Levin stated it is not well written and could be bad. With this Proposition it would be harder to protect our Community character.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no Public Comments.
ADJOURNMENT
Mayor Millsap adjourned the Regular September 14, 2006 City Council Meeting at 12:01 A.M. and continued the meeting to Monday, September 25, 2006 at 7:30 P.M. She adjourned the meeting in the memory of Art Valasquez who worked for RKA.
ATTEST:
_____________________________
RONALD BATES, CITY CLERK