CITY OF LA HABRA HEIGHTS
ADJOURNED REGULAR MEETING OF
LA HABRA HEIGHTS CITY COUNCIL
CLOSED SESSION
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
1. CALL MEETING TO ORDER
Mayor Millsap called the September 28, 2006 continued Adjourned Regular City Council Meeting to order at 7:37 P.M. in the Multi Purpose Room, 1245 Hacienda Road.
City Attorney Levin reported that they have almost reached agreement with Commerce Realty regarding how to treat the minimum lot size for Site 12 at West Road and Las Palomas and the balance of Commerce RealtyÕs Open Space Resource Production holdings in the City (63 acres in the hills). The 63 acres will be treated in perpetuity as minimum 5 acre parcels whether they become residential or not. Under the new Ordinance Site 12 would qualify for the exception that would allow a two acre parcel size if properly screened and meets all of the other requirements of a sub-division.
2. ROLL CALL
Council Present: Mayor Tela Millsap, Mayor Pro Tem Brian Bergman, Councilmembers Stan Carroll, Bruce Douglas and Fred Klein.
Staff Present: City Attorney Sandra Levin, City Manager Ronald Bates and Community Development Director Justin Powers and Consultant Marc Blodgett.
3. FLAG SALUTE
Mayor Millsap led the flag salute.
4. LHH MUNICIPAL CODE ARTICLES 4, 5, 6, 7, 8, 9, 1O, 12 AND NEGATIVE DECLARATION & INITIAL STUDY
RECOMMENDATION: That City Council adopt a first reading of Articles 4, 5, 6, 7, 8, 9, 10, and 12 to be held at the regular meeting of October 5, 2006.
Mayor Millsap opened the Public Hearing for Item 4. She asked if this Item has been properly posted. The Mayor noted that they had received written communication from Mr. Zezula and Mr. Veyna.
City Manager Bates stated that it has been legally posted.
Mayor Millsap opened the meeting for Public Comment.
Stephen Blagden, Citron Road, stated that a lot of misinformation has been circulating so he encouraged the residents to read the Ordinances; he suggested the City have a Community Workshop to answer residentÕs questions and show examples of how the Codes work; he cited examples of the misinformation; the General Plan calls for a rural type of Community with regard for privacy. The City future depends on decisions made.
George Edwards, Fullerton Road, thanked the Council for including the Òdraft hydrantÓ in the new proposed Code; he spoke about his concern that they make the Community safer and suggested waiving the fee for a roofing permit if someone will replace a shake roof and waive the fee for the tree removal permit if it will help residents comply with the 30 foot green zone around a structure.
Richard Veyna, Coban Road, stated the problems he ran into when submitting his plans for his home; he noted that the new Code will cut his plans in half, which are only 7,000 square feet including garage and driveway, the new code only wants a footprint of 4,000; the project calls for minimal grading, but if you include the graded terraces for the avocado trees, he may not be able to grade at all; He asked that he not be held to the new Code because the City did not have time to look at and approve his plans before it goes into effect.
Pam McVicar thanked the Council for their hard work at the Council meeting on September 27; she suggested they throw out the 4000 square foot footprint for a two-story structure if the lot and the view preservation allow it; Ms. McVicar noted that at the last meeting there were two votes not to have a limit on the footprint and she reminded Mayor Millsap that in her Campaign literature she stated that there was no limit placed on home size and she asked that Mayor Millsap change her vote for a limited footprint.
Nancy Mendez stated that she was representing the Lowell Education Foundation and invited everyone to a celebration of the Centennial year of Lowell Joint School District on Saturday, November 4, at Rancho-Starbuck School between 10:00 A.M. and 3:00 P.M. This is a free event with food for purchase. In the evening our Foundation is sponsoring a semi-formal evening dinner at Hacienda Golf Club. Tickets are $100 per person.
Eddie Long stated that information sent out is hard to understand and it should be in plain English; the vote should go to the residents for what they want, not just the Council.
Roland vom Dorp, Reposado Drive, thanked Mayor Millsap, Mayor Pro Tem Bergman and Councilmember Douglas for standing up for the General Plan and asked Councilmembers Carroll and Klein why they are siding with the developers.
Hal Lietzau, Virazon Drive, stated that in his opinion two of the Councilmembers acted unprofessionally when they did not agree with the majority of the residents; he thanked Councilmembers Carroll and Klein for representing residents who still believe in private property rights.
Norm Zezula, noted that a developer should design the house to fit the lot so well that he will have no need to ask for a Standards Modification, rather, they usually ask for greater Standards Modifications than anyone else and often get them; the resident has to fight the developer and the City; not all applicants get a Public Hearing and the applicant has to pay for an appeal.
Faith Grimm, Las Palomas, thanked the Council for their hard work; she noted that the Codes expect a homeowner to know all of the previous grading done on their property because it is cumulative and has to be added to any present grading; she asked that they remove the animal keeping permit; she stated that she is concerned with the wording of the Code on modification of a nonconforming structures as it is too limiting.
Mayor Millsap closed the Public Comment and noted that they will be covering Articles 4, 5, 6, 7, 8, 9, 10, 11 and the Negative Declaration.
City Attorney Levin explained that for applications in process, according to State law, the City has 30 days after receipt of an application to decide if it is complete or not. There are also 30 days before the Ordinances become effective after the second reading. Any application that is complete between now and the effective date of the new Code would be under the old Code. If not complete by November 4, 2006 it would be processed under the new Code. Under the new Code agricultural grading, such as terraces, might come under the exception that it may not add to the grading amount.
City Attorney Levin commented that with the new Code you can only ask for one Standards Modification for gradable area and hardscape at the same time.
Ms. Levin explained that the way a fee works is that your application fee is a deposit against the time spent. If you donÕt use all of the deposit you would have the rest refunded.
City Attorney Levin gave a history of all of the work that has been involved in this whole process from the adoption of the General Plan in March of 2004 and all of the groups that were involved in rewriting the entire Municipal Code and Consultant Blodgett.
Mayor Millsap stated that they will start with Articles 10, 12 and the Negative Declaration and proceed with the first reading of 4, 5, 6, 7, 8, 9, 10, and 12.
City Attorney Levin explained that Article 10 has a large portion written by Attorney Colantuono recently and will not need updating. There are some policy issues in 10.2 and 10.3 that you might want to look at.
There were no comments or changes on Article 10. Article 12 is Definitions.
The Council discussed animal keeping permits. The consensus of the Council was to keep this in the Codes.
1:02:20
The Council asked what decks and patios are included in the footprint in the definitions.
City Attorney Levin supplied the change in language that clarified that definition.
The Council discussed whether a pool should be included in the hardscape count.
The consensus of the Council was to take out Òpools and spasÓ from the definition of Hardscape.
The Council asked for a clarification of the word ÒattentionÓ in the definition of Light Trespass.
There were no comments on the Negative Declaration.
City Attorney Levin noted that there are no significant impacts from the proposed Municipal Code. We are recommending approval of the Negative Declaration.
City Attorney Levin explained that between the first and second reading you couldnÕt make substantive changes. Typos or a word that got dropped can be fixed. If it is more substantive put it on the Òfix listÓ and bring it back.
The Council considered Articles 4, 5, 6, 7, 8, 9, 10, and 12.
1:39:17
City Attorney Levin explained that the Council would be adopting Ordinance 267 and it would include all of the Articles we have just discussed and also include 1.3, which you were not able to adopt at the time you adopted Articles 1, 2, and 3 because it was integrated with later items. In Article 4 there is a small part that more properly belongs in Article 2 and is codified as 2.9.
City Attorney Levin proceeded with the reading of the Ordinance 267 title.
Mayor Pro Tem Bergman moved to adopt Ordinance 267 and waive further reading. Mayor Millsap seconded the motion.
Councilmember Klein discussed why he was going to vote ÒnoÓ as approval covers all of the Codes and he could not approve the Article 7 - Development Code and Zoning Ordinance.
Councilmember Carroll commented that he also is going to vote ÒnoÓ and noted that he is unhappy with the footprint limitation and the lack of a slope formula. He noted several items that he does not find in the General Plan.
Councilmember Douglas commented that he was disappointed in their decision and did not agree that the items were not in the General Plan.
Mayor Pro Tem Bergman noted that this may not be perfect and a huge amount of work went into it. If it doesnÕt work it can be fixed later rather than throwing it out tonight.
Mayor Millsap agreed that it should be passed and if it does not work it can be adjusted.
The motion was approved as follows:
AYES: Bergman, Douglas and Millsap
NOES: Carroll and Klein
ABSENT: None
Councilmembers Carroll and Klein requested that it be put on the October Regular Meeting agenda to have a discussion on this issue for whether we put this to a public vote.
Stephen Blagden, Citron Road, thanked everyone for the hard work and noted that although it is not perfect it would work. He stated that a Community Workshop would be good and suggested that staff show some examples of how various codes work and answer the residents questions. He also suggested that a good number of the new applications be brought to the Planning Commission at no extra charge for review so we can see how the Code is working right away. Mr. Blagden stated that changing the definition of hardscape to not include pools makes no sense. He gave examples why this isnÕt correct.
Judy Hathaway Francis asked about the question Mr.Veyna raised, that if they turned their project in and the City was slow letting him know whether he is approved or not, and this causes him to not act in time, which Ordinance is he under?
City Attorney Levin noted that the City has a maximum of 30 days to respond so he would know before this Ordinance goes into effect. The new Ordinance wonÕt be in effect until 30 days after the second reading.
Ms. Francis suggested that the Council should relax because you canÕt please everyone. We really have to wait to see how this works and if it doesnÕt work it can be changed. She gave the Council a lot of credit for the job they have done.
City Attorney Levin commented that everyone that brought in an application has been notified about the changes coming up with the new proposed Ordinances so if they wanted to be under the old Ordinances they would try to speed up their project approval.
City Attorney Levin commented that in every stage of this process she has been impressed that people have made comments and suggestions to improve the documents and clean them up. She stated that she felt it is a remarkable community.
CITY COUNCIL COMMENTS
ADJOURNMENT
City Manager Millsap continued this Adjourned Regular City Council meeting at 9:48 P.M. to an Adjourned Regular City Council Meeting on October 5, 2006 at 7:30 P.M.
ATTEST:
______________________________
RONALD BATES, CITY CLERK