CITY OF LA HABRA HEIGHTS

 

LA HABRA HEIGHTS CITY COUNCIL

 

REGULAR MEETING MINUTES

 

AUGUST 9, 2007

 

 

CLOSED SESSION

 

Existing Litigation

Pursuant to Government Code Section 54956.9(a)

 

Case Name: City of La Habra Heights vs. Smith

Case #: VC 047381

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Mayor Brian Bergman call the August 9, 2007 Regular City Council Meeting to order at 7:37 p.m. at the La Habra Heights Community Center, 1245 Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

Present: Mayor Brian Bergman, Mayor Pro Tem Stan Carroll, Council Members;: Layne Baroldi, Tela Millsap and Howard Vipperman.

 

Also present: City Attorney Sandra Levin, City Manager Ronald Bates, Community Development Director Justin Powers, City Planner Barbara Feeler, Fire Chief John Nielsen and Sheriff Lieutenant Mark Weldon.

 

3.              FLAG SALUTE

 

The flag salute was led by Sergeant Giovani Melendez

 

4.              PRESENTATIONS

 

·       Public Works Committee, Chairperson Jerry Shipman

 

Jerry Shipman reported that Zone 5, the last of the District 3 maintenance is almost finished. Due to a machine breakdown, we are a week behind. The new assessment has been approved and planning for the next 5-year cycle has begun. The study on Las Palomas has been done and the report covers four alternatives, costing between $250,000 and $600,000. These alternatives are being considered and we will present a recommendation to the Council in about two months. We got the money from FHWA for the Hacienda repair that Transtech had asked for, but we had to terminate them and start over with the new Engineer to do their investigation. This has delayed things for a year. We still need volunteers to help with our new 5-year cycle plans.

 

·       Emergency Preparedness Committee, Chairperson Kathy Sauble

 

Kathy Sauble reported on a conference that several members of the Emergency Preparedness Committee (EPC) attended on emergency preparedness. She stressed the need for everyone to know more than one way out of the City if one of our main routes is closed off, and provided many safety tips so people would be prepared. The City needs plans for emergencies and disasters. Ms. Sauble stated that some of the residents have started a neighborhood watch or fire watch as they come and go through the City. Anything out of the ordinary or suspicious will be reported to the fire department or the Sheriff. Ms. Sauble stated that in the past the Sheriffs carried maps in their cars showing alternate routes out of the City when needed. She stated that we are the only City in Area E that does not have a paid Emergency Services Coordinator. She stated that EPC feels this would be an important step to move forward with our Emergency Preparedness efforts. Ms. Sauble noted that the La Mirada C.E.R.T. classes start this Saturday and there are still openings at the La Habra classes, which start August 25^th.

 

·       Community Law Enforcement Partnership, Deputy Douglas DeCesare

 

Deputy DeCesare stated that they are conducting a C.E.R.T. camp in San Pedro for young marines and explorers. We have 65 students at the camp and Giovani Melendez is one of them. As part of the Community Law Enforcement Partnership we also train for neighborhood watch and volunteers. We are also getting acquainted with N.E.T. (Neighborhood Emergency Training.)

 

PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA

 

            0:13:45

 

            Yvonne Strain spoke about unfair charges brought in a letter criticizing the Fire Department and she noted that she stood behind our hard working Firefighters.

 

            Stephen Blagden, Citron Road, noted that there are not many people here, but the parking lot is full. Mr. Blagden noted that the Fire Chief has the authority to close both Hacienda Road and Fullerton Road north of East Road due to the large fire danger and he encouraged that this be done when it is so hot. Mr. Blagden suggested Item 23 be broken into two parts as there are actually two different decisions to be made.

 

            Sandy Dykier, Picaacho, noted her concern about the trash along Las Palomas up to the arena. She asked if La Habra Heights, the oil company or Whittier has anything to say on this and how to get this remedied. She thanked staff for replacing the ADA sidewalk to the arena at The Park. She stated that she did not understand why they had to pay again to have it redone, when it was done wrong in the first place. She noted that the drinking fountain that has been leaking for some time is beginning to undermine the cement toward the arena. This would be a good time to replace this with an ADA compliant fountain. Ms. Dykier stated that the $15,000 for a consultant for a park master plan would be put to best use for someone who lives here and knows The Park and what the residents would prefer.

 

            Faith Grimm, Las Palomas, stated her concern that the City does not hire residents. Fact findings asked for by the City Council are not being overseen by any residents. Residents are now involved in the designs of the Fire Department/City Hall. Ms. Grimm stated her concern that the C.E.R.T. trained volunteers have not been sworn in or officially enabled in their trained capacity. Ms. Grimm stated that one volunteer is doing the work for free, and that we have budgeted $10,000 for a person to be a Director of Emergency Services. We do not have good Emergency Preparedness and now the City is trying to keep residents from having a tank to store fuel for emergency generators. She asked that the Council give preference to residents applying for jobs here, that residents oversee assignments the Council gives to staff and that the Council check into information they get from staff.

 

            Mayor Bergman asked for a report on the Closed Session from the City Attorney.

 

            City Attorney Levin stated that no reportable action was taken in Closed Session.

 

            0:24:01

 

ADMINISTRATIVE REPORTS

 

5.              CITY MANAGER’S REPORT

 

City Manager Bates introduced the new Senior Administrative Secretary, Kelly Julian, and thanked Community Development Director Powers for his work in applying for the $100,000 grant for work on the La Mirada Creek Restoration at The Park, which we did obtain. Mr. Bates stated that this will help us start the Park Planning. He proposed that they meet with the Parks and Recreation Committee next month to review the last grant we obtained concerning “trails”, as the study is now complete. We also can spend some time on deciding which is the appropriate group to start working on a Park Plan that can be submitted to the Council and approved and then implemented with not only what we have left of the $100,000 grant, but also a possible $300,000 grant from the Rivers and Mountains Conservancy. This would be an excellent opportunity for a Study Session with the Parks and Recreation Committee and the Council and possibly expand the Master Park Committee to include the Highland Riders, the Improvement Association, maybe the 4-H and some other organizations that might have a great interest in The Park. City Manager Bates thanked Deputy Chief Markin from the Fire Department for his work overseeing that the Oil Company checked all of their oil lines. This has now been accomplished.

 

6.              CITY ATTORNEY’S REPORT

 

City Attorney Levin commented that we now have a new Planning Commission Counsel, Larry Permaul. She stated that he has good experience in Planning and a lot of background in Contracting and Public Works. He will be a good addition to the team.

7.         COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

 

      CDD Powers stated that he has nothing further to report than his monthly written report.

 

      Mayor Pro Tem asked what the payments to Citizenserve and Firstlight are for in the Warrants Register for July 2007.

 

      The CDD explained that this represents the beginning payments to Citizenserve for the system that will process our permits, which will give us better reporting and time tracking. We are starting with Code Enforcement. Firstlight is the Company that is supporting us as far as computer service for our website. They will also cover the e-mail filter service and do the monthly updates.

 

      Mayor Pro Tem Carroll suggested that there be a quarterly report from I T on how much was budgeted and what is the actual amount being spent in both hardware and software.

 

      Council Member Baroldi questioned why there has been no house built under the new code yet.

 

      City Planner Feeler explained that we have approved one lot line adjustment under the new code and there is one addition that will be approved in the next week.

 

      Council Member Baroldi stated that he would like to see the square footage involved in the proposed projects.

 

      Ms. Feeler stated that most of the times in the Pre Files they do not give that information.

 

8.              FIRE CHIEF’S REPORT

 

Fire Chief Nielsen announced their first annual Pancake Breakfast will be on Saturday, August 18, 2007 at 7:00 a.m. to Noon and is open to everyone. There will be items for everyone’s enjoyment and it will be free. He also stated that the Automatic Aid has been signed and approved by the Board of Supervisors and just needs to be mapped out. Chief Nielsen stated that our City has the largest Fire Explorers program in the area and five of our explorers are down at the C.E.R.T. Marine Camp the Sheriff talked about. The Fire Department Explorers program is a good way for them to decide if they want to be firemen. The new Academy in September will have 5 of our Explorers. Chief Nielsen stated that the O.E.S. engine has been in Santa Barbara for a week and will probably come home next Sunday.

 

Mayor Pro Tem Carroll asked about the jackets and coats expenditure for $6,000.

 

Chief Nielsen answered that with each Academy graduation they have to provide them with required turnouts. He explained that they are numbered and listed as to who has each item. They turn them back in when they leave and the old turnouts are used by the cadets. He also noted that the $7,800 for a new radio is the new recorder system that records all 911 calls and the dispatch response and the response between dispatch and fire personnel.

 

Chief Nielsen noted that for first responders, our Fire Department will respond no further than Whittier Blvd. For a large fire we will respond into La Habra a little farther than Whittier Blvd. as a second response. We will have reciprocal response on the East and West side of our City.

 

9.              SHERIFF’S REPORT

 

Lieutenant Weldon gave an update on the Communicator system. We received a telephone numbered data base from Verizon and we have submitted a GIS interface over the numbers and when we get the software back we will be able to do a bigger test than before.

 

City Manager Bates stated that they have provided the Sheriff with some test numbers in the Heights.

 

0:51:00

 

CONSENT CALENDAR

 

It is recommended that Items 10 through 17 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 Bergman pulled Item 14 for consideration.

 

            Council Member Vipperman asked that Item 26 be moved up to the Consent Calendar.

 

10.       APPROVAL OF WARRANTS REGISTER FOR JULY 2007

 

            RECOMMENDATION:                       Approve

 

11.           MONTHLY TREASURER’S REPORT FOR JUNE 2007

 

            RECOMMENDATION:                       Approve

 

12.           HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT

 

RECOMMENDATION:                       Receive and file

 

13.           CITY COUNCIL MINUTES              Regular Meeting of July 12, 2007

 

            RECOMMENDATION:                       Approve

 

14.           CONSULTANT SELECTION – SOLID WASTE VEHICLE IMPACT STUDY

 

RECOMMENDATION:                       That Council authorize the Mayor to sign an agreement in the amount of $14,500 with R3 Consulting for a solid waste vehicle fee study for the City.

 

City Manager Bates noted that as the Council recommended, we are doing a study on the impact made on the streets by the heavy trash trucks. After consideration we decided that R3 Consulting Group, Inc. is the best qualified. Their work should be done in about three months. He recommended that the Council authorize the Mayor to sign an agreement in the amount of $14,500 with R3 Consulting for a Solid Waste Vehicle Impact Fee Study for the City of La Habra Heights.

 

Mayor Bergman stated that he has two cards for public comment on this item.

 

Stephen Blagden, Citron Road, stated that we must have trash pickup and we pay the Roads Fee, and any charges to the refuse companies will be passed on to us along with a markup. He stated that the study should also cover possible damage by concrete trucks and other construction equipment that don’t pay for their damage.

 

Ginger Skinner, Kanola, noted that we don’t need a study, as it is easy to see that our roads are not structured to have heavy trucks on them. She stated that Haul Away has agreed to use the smaller trucks on her street. She stated that having two trash companies makes twice the number of trucks on our streets.

 

City Manager Bates explained that the cost of this report is to be paid by the Waste Haulers. Mr. Bates stated that this report may help with the fees that should be charged for overweight trucks.

 

Mayor Bergman stated that we need to find out the damage first and then work on mitigation factors. We want to be sure the consultant knows this is what we want.

 

Mayor Pro Tem Carroll moved to authorize the Mayor to sign an agreement in the amount of $14,500 with R3 Consulting for a Solid Waste Vehicle Fee Study for the City. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

15.           APPROVING $100,000 LA COUNTY GRANT APPLICATION FOR THE PARK AND BLUE LINE STREAM (LA MIRADA CREEK) RESTORATION

 

RECOMMENDATION:                       That Council approve Resolution No. 2007-15 for grant funds received through LA County Park and Open Space District and authorize the City Manager to execute an agreement between the County of Los Angeles and the City of La Habra Heights in the amount not to exceed $100,000.

 

16.           SANSINENA OIL GATHERING PIPELINE TESTING

 

RECOMMENDATION:                       Review and File

 

17.           LA HABRA HEIGHTS 4^th OF JULY PARADE AND 30 YEAR ANNIVERSARY CELEBRATION

 

RECOMMENDATION:                       That Council authorize staff to support the City’s 30^th Anniversary Parade and picnic.

 

26.       ANNOUNCEMENT OF APPOINTMENT TO PLANNING COMMISSION BY COUNCIL MEMBER VIPPERMAN

 

Council Member Vipperman introduced Carl Westerhoff as a member of the Planning Commission.

 

Mayor Pro Tem Carroll moved to approve Items 10 through13 and 15 through 17 and Item 26. The motion was seconded by Council Member Baroldi.

 

1:00:27

 

OLD BUSINESS

 

18.           CONCEPTUAL DESIGNS AND ESTIMATED COST FOR A FIRE STATION

 

RECOMMENDATION:                       Council Policy

 

City Manager Bates stated that Kelly Needham of WLC will not be able to be here for this meeting.

 

Mayor Pro Tem Carroll suggested that they continue this Item until Mr. Needham is able to give the presentation.

 

Mayor Bergman stated that he would go ahead and take the Public Comments.

 

Veneta Ramm, Le Flore Drive, commented that she has investigated the different sites that might house the new Fire Department. She stated that the present site is not large enough if you consider the space that is needed for where the firefighters would work and train. It always has been too small. Ms. Ramm stated that she has circulated a petition and has over 200 signatures showing that resideents are aware that this site is too small and do not want it at the present site. She stated that they expressed their wishes that the Council would govern and make a decision soon, be financially conservative, don’t want it at The Park, and not build a new City office at this time. Ms. Ramm also noted that the cost at this site is the highest, and has many problems to accomplish the building. The present site and the Hacienda/West site would cost about the same to get it ready to build, but this site would end up costing over $2,000,000 more than at the Hacienda/West site. The parking space at the present site is not adequate now and would be decreased if the Fire Station is built here. Since 70% of our responses go north, the station needs to be more centrally located, and a sub-station on Harbor would decrease response time to the East side. If the station is built at the present site it will have to be raised three feet and would tower above the present buildings. In 10 or 15 years the rest of the old buildings will need repair and they will need new structures. If we demolish this meeting room to build the Fire Station, we will have to have our meetings at The Park and that will disrupt the rental schedule at The Park. We have to consider the dust and asbestos issues during demolition. If we use the present site for the Fire Station, the low income housing will have to be placed in the center of town.

 

Norm Zezula stated that we need a survey of the residents. He also noted that the Fire Station being proposed is twice the size of the present one.

 

Stephen Blagden, Citron Road, commented that the new plan for this site is more costly and will be obsolete before it is opened.

 

Karen Vipperman asked that everyone consider that we have a growing population of seniors on fixed incomes. Ms. Vipperman stated her concern that the residents will be taxed for this extravagant expenditure. This would be an unfair burden. She stated that this site has been working for many years. Ms. Vipperman stated that all of the estimates have come from the same architect and should have been from three different ones. We just don’t have that kind of money.

 

Mayor Bergman closed the Public Comment and brought the meeting back to the Council.

 

Mayor Pro Tem Carroll moved to continue this Item to the next Regular City Council meeting. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

19.           IMPLEMENT SURVEY, ADVISORY VOTE OR OTHER MEANS OF SOLICITING COMMUNITY INPUT REGARDING A NEW FIRE STATION

 

RECOMMENDATION:                       As authorized by City Council, implement the postcard type ballot.

 

City Manager Bates explained that Item 19 is an example of a post card survey for the residents to express their wishes for the site of the new fire station.

 

Mayor Pro Tem Carroll stated that this is a joint effort of a sub-committee, not just his. He also stated that he would not want to send this out until they hear from Kelly Needham.

 

Mayor Bergman opened the Item for Public Comment.

 

Stephen Blagden, Citron Road, stated that in his opinion this survey is a disservice to the people as we have paid money for information that is not given. He suggested that they have a pro and con flyer written by a resident committee.

 

Norm Zezula, stated that he agreed that a pro and con flyer should be written by a resident committee and that the survey be counted by voters responding rather than per parcel owners.

 

Mayor Bergman brought the meeting back to the Council.

 

Mayor Bergman stated that he would like to see some concise information attached to the survey that would identify each site.

 

The Council discussed what information should be in the survey.

 

Mayor Pro Tem Carroll moved to continue this Item until the next meeting and direct the sub-committee to come back with a brief statement of facts of the three sites. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

20.           POLICY ISSUE – APPROVED 2007-08 BUDGET ITEM RELATED TO PARKS AND RECREATION EXPENDITURE OF $15,000

 

RECOMMENDATION:                       Parks and Recreation Committee recommend that the City hire a consultant to help with staffing Parks and Recreation Committee and overseeing a Park Master Plan project.

 

City Manager Bates commented that Council directed staff to bring back an alternative other than hiring a part time staff member to do $15,000 worth of maintenance. The Public Works crew is not able to spend much of their time on Park maintenance. He stated that the grant we got should address part of what is needed at The Park. Mr. Bates stated that it is up to the Council to decide how they want to use the $15,000 for the benefit of The Park.

 

Sandy Dykier stated that she thought it would be nice if the $15,000 was used to pay someone from this Community to work with the Parks and Recreation Committee to oversee the improvements.

 

Faith Grimm stated that she would also like to see someone in this job that has the same interest in the City because they live here.

 

Mayor Bergman brought the Item back to the Council.

 

Karen Vipperman asked that more detail on this position be explained.

 

Mayor Pro Tem Carroll was against hiring another staff person at this time for Park maintenance or a consultant. We should just call someone in as special needs come up and deal with them.

 

Council Member Vipperman stated that he does not see anything wrong with spending the money that is already there for The Park, with the condition that it would not go to placing a new person on staff.

 

Council Member Millsap stated that she also was against hiring another staff person, but she did think there was a need for a liaison and maintenance for The Park. She asked for verification that the recommendation would not require a staff person with benefits.

 

City Manager Bates stated that the original recommendation from the Parks and Recreation Committee was for a consultant to help with staff liaison and overseeing a Park Master Plan and he answered Council Member Millsap that this would not be a staff person with benefits.

 

Council Member Baroldi stated that he did not feel money had to be spent just because it was in the budget. Mr. Baroldi stated that if there are any problems where someone is needed during or after a Park event and there is no one to take care of the problem, it is very troublesome. There needs to at least be someone close enough to be on call. He stated that he could support that.

 

Mayor Bergman stated that he would like the Parks and Recreation Committee to have the latitude to make the decisions on this. They should be in charge of how to spend this $15,000. We should not micromanage how they should spend the money or what they need.

 

City Manager Bates stated that they could find a handyman that could fix all types of things and could also be on call for emergencies. They would report to Public Works and the Parks and Recreation Committee could make a priority list of what they thought should be fixed.

 

Council Member Millsap stated that in order for The Park to be available for everyone in LA County it has to be taken care of, and with the grants we have we should be able to see that there will be a liaison also.

 

City Attorney Levin explained that the Parks and Recreation Committee are an advisory body and they are to give their advice to the City Manager or it comes to the Council for the actual decision, so they do not have actual spending authority.

 

Mayor Bergman moved that the Parks and Recreation Committee work with the City Manager to determine the maintenance that needs to be done at The Park and put a plan together to spend the $15,000. The motion was seconded by Council Member Millsap and approved as follows:

 

AYES: Baroldi, Bergman, Millsap and Vipperman

NOES: Carroll

ABSENT: None

 

1:40:23

                                                           

NEW BUSINESS

 

21.           IMPLEMENTATION OF A PARAMEDIC SUBSCRIPTION PROGRAM

 

RECOMMENDATION:                       After council discussion approve the attached Resolution 2007-17 and authorize the City Manager and the Fire Chief to implement a voluntary Paramedic Subscription Program consistent with the description above.

 

City Manager Bates explained that the Fire Chief looked at three or four existing programs to put this one together. We should have this program in effect by January 1, 2008.

 

Fire Chief Nielsen stated that he has been thinking of such a program for some time. He did not want residents to have to decide whether to call for help based on whether they can afford it or not. Many of our residents are getting older and need paramedic aid at times. This will help the residents and will also help offset the cost of our paramedic services.

 

Norm Zezula stated that he has been concerned that a resident on a fixed income might hesitate to call for aid because of the cost. Mr. Zezula asked if the City requires every household to pay the fee would it be less. He suggested that the City take budget surpluses and pay the Paramedic Subscription fee for everyone and simply provide the ambulance.

 

Ginger Skinner asked if the subscription fee will cover LA County service under Automatic Aid.

 

Chief Nielsen answered that it would.

 

City Manager Bates stated that it will take quite a bit of work to get 25% of the residents to subscribe to this service. He stated that the surpluses are used to finance the loan for the new Fire Station so there would be no tax increases and he would not think it should be used until the Fire Station issue is settled.

 

Mayor Bergman brought the meeting back to the Council.

 

Council Member Baroldi stated that the pamphlet by the Fire Department says that the fee only applies to service from the La Habra Heights Fire Department.

 

Council Member Millsap noted that we do not do the transporting and AMR would charge for that. We need to note that on the pamphlet.

 

Chief Nielsen explained that the Automatic Aid is reciprocal and they have a subscription plan also and if we work on someone in La Habra who uses their subscription plan we would not be able to charge them either.

 

Council Member Vipperman suggested that if we raise the fire tax 3% we could use that to cover the subscription plan and cover all of the residents. He stated that the 3% would be $11.26 a year and service to people who don’t live here could still be billed.

 

The Council Members discussed the ideas and the cost of running this program.

 

Mr. Bates stated that some cities charge for the service and some do not. It depends on their circumstances.

 

Council Member Baroldi moved to implement the voluntary Paramedic Subscription Program to start at $45 for the first year and see how it goes. The motion was seconded by Council Member Millsap and approved as follows:

 

AYES: Baroldi, Bergman and Millsap

NOES: Carroll and Vipperman

ABSENT: None

 

Council Member Carroll stated that he thought there should be no charge for one year.

 

City Attorney Levin clarified that this program is not to make a profit, so if there is any profit from this it would first go to pay any outstanding expenses from the program and then it would come back to the Council for any adjustment.

 

22.       STUDY OF FIRE STATION #2 – PARAMEDIC ASSESSMENT ENGINE

 

                                                                        RECOMMENDATION:           Authorize staff to gather the necessary information for the City Council to consider activating Station #2.

 

            City Manager Bates reported that he has provided, at City Council’s direction at the July 12, 2007 meeting, the things that would have to be done to activate Station #2.

 

            There were no cards for Public Comment on this Item.

 

            The Council discussed the 21 items for the study as to whether or not to activate Station #2.

 

            Council Member Baroldi stated that it might be good to decide if a Paramedic unit was needed or an EMT unit would be enough at Station #2.

 

            Council Member Vipperman presented a clip from the City Council meeting in 1998, when this Station was discussed. He explained that this station has water and electricity. There are no sleeping quarters there and it was not manned as there were several volunteer residents living close to the station that would respond to the Engine housed there. He stated that since we no longer have a large resident force we do need to provide some kind of quarters for those who would be there. The ISO report noted that we need two more Engine Company locations.

 

            Council Member Millsap asked if this station would have an Engine that would go out on fires. She stated that we need to see that this is done right and there are many logistics that have to be worked out.

 

            The City Manager and Fire Chief agreed that they would like to see a unit that can cover both life care and fire service.

 

            Mayor Bergman suggested that an equipped trailer could be put in there for those manning the station. He stated that he would like to see this station up and running and we might have to make the new station here or elsewhere smaller to fund the east side station.

 

            Council Member Vipperman moved to authorize staff to gather the necessary information for the City Council to consider activating Station #2.

 

            Council Member Baroldi asked that item 1 on the Staff Report include information on an EMT engine located at the station.

 

            Council Member Millsap asked that a friendly amendment ask for a report in two to three months.

 

            Council Member Vipperman accepted the amendments and stated the time line at two months. The motion was seconded by Council Member Baroldi.

 

            AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

            NOES: None

            ABSENT: None

 

            2:30:17

 

            PUBLIC HEARING

 

23.           AN APPEAL OF A PLANNING COMMISSION DECISION OF A STANDARDS MODIFICATION 2007-03 AND GRADING MODIFICATION 2007-01 FOR AN ARENA, BARN AND SECONDARY ACCESS FOR 1404 LA RIATA

 

RECOMMENDATION:                       Staff recommends affirming Planning Commission decision and adopt Resolution No. 2007-16; Standards Modification 2007-03, and Grading Modification 2007-01 located at 1404 La Riata.

 

Community Development Director (CDD) Justin Powers stated that this is an appeal of the Planning Commission approval of Standards Modification 2007-03, and Grading Modification 2007-01 for 1404 La Riata. This is the Pigott residence. CDD Powers explained that there are two issues. One is the timeliness of the application. The appellant sent a letter requesting an appeal on July 5^th, within the deadline, but did not pay at that time. He was told at that time that an appeal could not be started until the deposit was paid. Mr. Vasquez did not leave a deposit until after the appeal period, which only provided staff one day to prepare this staff report. Mr. Powers stated that according to Municipal Code 8.6.20, the appeal has to be made within 11 business days of the decision.

 

City Attorney Levin stated that the Municipal Code says “A filing fee as set by the City Council shall be submitted with the application for Appeal”.

 

Mayor Bergman opened the meeting for Public Comment.

 

Mike Vacchio stated that he represents James and Alison Pigott, who are in Hawaii, and Charles and Mary Hawley and he requested that the appeal not be heard tonight but that it be heard at a subsequent meeting.

 

Alfred Vasquez, Cloister, stated that staff seemed to be unsure of the routine for this appeal or how much the deposit was. He did not pay when he submitted a letter, which was just general information as he did not have any particular facts. He stated that his understanding was that he had until the 26^th to pay, also that the owners are asking for access to Cloister Drive, which is a private road maintained by the residents. Since there is no record of them joining in the cost of maintenance, this is giving them a special privilege and the wall on their property will be an unsightly view to him.

 

Norm Zezula stated that the Agenda Report deals more with the timeliness of the appeal rather than its actual merits. He spoke in favor of hearing the appeal. Mr. Zezula was of the opinion that the project had violated the General Plan and stated that we cannot ignore any part of our General Plan without weakening the entire General Plan.

 

Faith Grimm spoke in favor of the project at 1404 La Riata. The maintenance of Cloister could be part of the deal if needed. She stated that she hoped the Council would support the owner.

 

Stephen Blagden, Citron Road, spoke in favor of hearing the appeal. He noted that the project was under the old code which allows 15 days for the appeal to be filed. Mr. Blagden stated that if the City didn’t think the appeal was in time, they should not have taken the appellant’s money. He asked if the Council has properly studied all of the applicable parts of the old code and the plans against that which is being appealed. If this has not been done, he suggested that this Item be continued until next month. He asked that the Attorney outline the appeal process and upon which evidence and factors the decision is made.

 

Mayor Bergman brought the meeting back to the Council.

 

Mayor Pro Tem asked the CDD to verify that the Pigotts were notified by writing.

 

CDD Powers noted that written notice was sent out on Monday.

 

City Planner Feeler stated that she spoke to Mr. Hawley two weeks ago, telling him of the Appeal. He already knew, but the Pigottts were already in Hawaii.

 

Mr. Vacchio stated that as of this morning the notice has not been received by the Pigotts. They were advised that the appeal probably would not be timely and they went ahead with their already paid for vacation. Each side has the right to due process here.

 

City Attorney Levin explained that the Appeal would be according to the new code. You can hear the Appeal, but technically, it is deficient. Tonight is the first time we have heard that the fee is a hardship for the Appellant. She explained the reason for the fees, and that staff does not put in the work until the deposit has been made. Ms. Levin recommended that either Council does not hear the Appeal because it was deficient or if they hear the Appeal it could be continued because they have not had time to prepare and the Pigotts are not here.

 

CDD Powers made a correction to the Staff Report. On page one (1), Item three (3), change the date of the deposit to July 25^th.

 

The Council and Staff discussed the date given to Mr. Vasquez for payment of the deposit.

 

Mayor Bergman called for an intermission at 10:36 p.m. and reconvened at 10:48 p.m.

 

Mayor Pro Tem Carroll stated that he wanted to discuss the letter from the attorney which he noted states that you were not told when the deposit had to be paid.

 

Mr. Vasquez answered that the City told him it had to be paid, but the time was not sure and later a letter noted that it had to be paid, but there was no time listed.

 

Planning Director Feeler noted that their letter of July 20^th to Mr. Vasquez stated that they had not received the deposit with his request for an appeal and asked that he should pay a deposit of $610.

 

CDD Powers stated that they gave him the deadline of July 12^th.

 

Mayor Pro Tem Carroll asked for information from both the City Staff and Mr. Vasquez.

 

City Attorney Levin stated that the last letter from his attorney, dated on July 12^th, called the Modifications that were granted, “variances” and there is no doubt in her mind that the Attorney knew the deadline was on July 12^th. She stated that she is of the opinion that this is not a complete and timely appeal, but if Council wants to hear the appeal it may.

 

Council Member Baroldi moved to deny the Appeal on 1404 La Riata Standard Modification 2007-03 and Grading Modification 2007-01. The motion was seconded by Council Member Vipperman. The motion was amended to include the timeliness of the Appeal and the adequacy of the grounds, the variance issue isn’t applicable and the issue of the accuracy of the easements is a private party dispute. The motion was approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

3:24:19

 

24.       MUNICIPAL CODE AMENDMENT 2007-01 AND INTENTION TO ADOPT A CATEGORICAL EXEMPTION

 

RECOMMENDATION:                       That the City Council open the Public Hearing, take public testimony and approve Ordinance 2007-01 and the Planning Commission recommendations for changes to the Municipal Code and adopt a Categorical Exemption.

 

City Manager Bates stated that this has been prepared with input from the Planning Commission. We will go through the items quickly. Most of them are technical items and if there are some that are more difficult, you can put them off if you would like.

 

City Attorney Levin suggested that the Council defer Items 4, 5 and 10. She noted that she has some amendments to add to some that might make it easier.

 

Mayor Bergman stated that he would like to see items 4, 5, 7, 8, 9, 10 and 11 come back.

 

City Attorney Levin stated that in Item 3 of the report the words “A discretionary decision …” should be changed to read, “Any discretionary permit or project approval or denial …”

 

City Attorney Levin noted on Item 9 that at the end of sentence three, replace the words “by at least six (6) feet.” with the words “by a safe and appropriate distance determined by the Community Development Director.”

 

Ms. Levin noted that Item 11, should be changed to read “The maximum height for any accessory structure including any element, component, or appurtenance is sixteen (16) feet without a Standards Modification and the maximum height for any accessory structure including any element, component, or appurtenance with a Standards Modification is twenty-four (24) feet measured vertically at any point from the visible finished grade or natural existing grade, whichever is lower, to the highest structural element (refer to Exhibit 7-23). The Community Development Director is authorized to approve a Standards Modification for such accessory structures up to a height of twenty (20) feet, and the Planning Commission may approve a Standards Modification for twenty-four (24) feet.”

 

Mayor Bergman opened the meeting for Public Comment.

 

Stephen Blagden, Citron Road, stated that for Item 1, he seemed to remember that the City had passed an Ordinance for fines for overweight trucks and the $250 does not seem much of a deterrent. Mr. Blagden stated that Item 3 leaves too many things that cannot be appealed the way it was changed. Mr. Blagden stated that Item 4 should not limit the size of the lot to allow an accessory building as long as they follow all of the other rules. He spoke in favor of fuel tanks for generators that were prohibited in Item 5. Mr. Blagden stated that Item 8 does not tell you anything as a Code. It might as well be taken out. On Item 10, he stated that if a person uses pervious materials they should possibly be used to reduce the drainage requirements for SUSMP. This is only policy and can be eliminated. Mr. Blagden stated that the height for accessory buildings should just be 16 feet. They can already be higher by Section 7.18.40 – D-2. We shouldn’t make Code changes for one person. If you don’t change Item11, you can eliminate Item 13.

 

City Attorney Levin explained that the change was made because the language did not agree with the chart.

 

Mr. Blagden stated that they also added the 24 feet height.

 

City Attorney Levin stated that every step of a permit cannot be appealed, but when it is all together and final then any part of it can be appealed.

 

Ginger Skinner, Kanola, spoke against the size of a lot required for an accessory building. She also spoke in favor of fuel tanks for generators. She stated that she was against retaining walls able to be put in the right of way and her concern regarding anything growing high close to the road. She thought 16 feet was tall enough for an accessory building.

 

City Attorney Levin assured Ms. Skinner that the clearance space from the road is in the Public Nuisance Code. It didn’t need to be in the Zoning Code. Ms. Levin stated that the request for the fine in number 1 was by the Sheriff’s Department because the new Municipal Code did not include a bail schedule. All the former administrative fines and citations are in place as before. It tightens up the Sheriff’s ability to pursue criminal fines and citations.

 

Mayor Pro Tem Carroll offered a motion to approve Item 1 as presented. The motion was seconded by Council Member Vipperman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

Mayor Pro Tem Carroll moved to approve Item 3 as amended by Attorney Levin. The motion was seconded by Mayor Bergman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

Mayor Pro Tem Carroll moved to form a sub-committee consisting of Mayor Bergman and Council Member Baroldi to work with Staff on Items to come back. The motion was seconded by Mayor Bergman and approved as follows:

 

AYES: Baroldi, Bergman, Carroll and Vipperman

NOES: Millsap

ABSENT: None

 

 

Council Member Vipperman moved to approve Item 6 as presented. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

Council Member Vipperman moved to approve Item 14 as presented. The motion was seconded by Mayor Pro Tem Carroll and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

The Council consensus was to give to the sub-committee to consider and bring back Items 4, 5, 7, 8, 9, 10, 11, 12, and 13.

 

Mayor Pro Tem Carroll moved to approve Ordinance 2007-01 for first reading, waive further reading. The motion was seconded by Council Member Millsap.

 

City Attorney Levin stated that they will strike the portions that were deferred and leave in only those reflecting the changes in numbers 1, 3, 6 and 14 in the Ordinance and we will bring back the Ordinance for the second reading.

 

The motion was approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

25.           CONFIRMATION OF THE ANNUAL SPECIAL TAX TO FUND FIRE PREVENTION AND PROTECTION SERVICES, AS WELL AS EMERGENCY MEDICAL RESPONSE SERVICES

 

RECOMMENDATION:                       For the FY 2007-08 staff recommending that the rates remain the same as in the previous fiscal year and that Council approve the attached Resolution 2007-18, read by title only and waive further readings.

 

City Manager Bates explained that this Item is a confirmation of the special tax for the Fire Fund, which continues from last year with no raise in the amount. Next year we will consider this at the time the Budget is being considered.

 

Mayor Pro Tem Carroll moved to approve the Special Tax for the Fire Fund with no change from last year. The motion was seconded by Council Member Millsap and approved as follows:

 

AYES: Baroldi, Bergman, Carroll, Millsap and Vipperman

NOES: None

ABSENT: None

 

CITY COUNCIL COMMENTS

 

            Council Member Baroldi thanked Claire Spothelfer for Music in the Park and stated that it is a wonderful program.

 

            Mayor Bergman stated that “Dog Days of Summer” event will be at The Park this Saturday. Remember the Fire Department’s Pancake Breakfast on August 18 and the Community Garage Sale, at The Park, on September 8^th.

 

            Council Member Vipperman noted an article in the Whittier Daily News indicating that our Budget was deficient by $550,000. This is just not true.

 

            Mayor Pro Tem Carroll thanked Jessica Winship for her work on the “Dog Days of Summer”.

 

            Mayor Bergman stated that the Budget was in very good shape.

 

26.           ANNOUNCEMENT OF APPOINTMENT TO PLANNING COMMISSION BY COUNCIL MEMBER VIPPERMAN

 

This item was moved to the Consent Calendar.

 

CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA

 

            Karen Vipperman commented that any description of the sites on the postcard survey would be a disservice as all the work has been done by Kelly Needham. To include Vaneta Ramm’s description would be biased. Just the vote on the sites would be better. Numbers have not been proven. Ms. Vipperman spoke in favor of reactivating the East Side station by the Christian Church. EMTs stationed there would be fine. She noted that firefighters already train over there. Ms. Vipperman stated her concern for how volunteers are treated and discouraged in the City. She stated that she was impressed at the amount of training the EPC Committee has gotten on their own time. She noted that the chairperson of the EPC went to the City and asked for 50 maps to hand out at the meeting and was told she would have to pay for them out of her budget.

 

            City Manager Bates stated that when they make copies they charge it to the user Department from their budget.

 

            Norm Zezula, commented that he felt such items should be available to all residents and should be paid for out of the General Fund.

 

ADJOURNMENT

 

            Mayor Bergman adjourned the August 9, 2007 City Council Meeting at 11:57 p.m.

 

ATTEST:

 

 

________________________________

RONALD BATES, CITY CLERK