MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
DECEMBER 9, 1999
CLOSED SESSION
Anticipated Litigation (two cases)
Since a point had been reached where, in the opinion of the City Council (based on the advice of its legal counsel) there exists a significant exposure of litigation against the City, Mayor Spothelfer at 6:35 p.m. adjourned the meeting to a closed session. All five members of the City Council were in attendance as was City Manager Lindsey and Acting City Attorney Daniels.
The City Council meeting was reconvened in open session at 7:35 p.m. with all five City Councilmembers in attendance.
Acting City Attorney Daniels stated that no action was taken on one of the closed-session items and the City Council directed litigation to be initiated on the second item.
OPENING CEREMONIES
CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Spothelfer at 7:40 p.m., on Thursday, December 9, 1999, at the Community Center, 1245 No. Hacienda Boulevard, La Habra Heights.
ROLL CALL
Councilmembers present were: Daniel, Engelhardt, Klein, Powers and Spothelfer. Also present were City Manager Lindsey, Acting City Attorney Daniels, Fire Chief Nelson, Planning Director Sanderson, City Engineer Milano, Deputy City Engineer Gilbertson, Sheriff's Department Deputy Ferris, and Deputy City Clerk Coulter.
FLAG SALUTE AND INVOCATION
The flag salute was led by Mayor Spothelfer. Stan Perumean of the Hillside Pentecostal Church led the invocation.
ANNOUNCEMENTS
Mayor Pro Tem Powers provided information of community interest regarding upcoming events.
PRESENTATIONS
Commendations were presented to La Habra Heights residents Jerry Brunk and Marty Zaritsky for graduating from the L. A. County Sheriff's Department Volunteers on Patrol (VOP) training program.
A La Habra Heights Roads Committee update report was presented by Chairperson John Smith. He reported that the advisory Committee to the City Council consists of five members. Since its reformation at the October 14, 1999, meeting, the Committee had met to walk some of the City's roads recently completed. The public was invited to attend an upcoming Monday, February 7, 2000 meeting.
Chairperson Smith continued that a four-page correction list was completed and presented to the contractor. Regarding some roads being left in an unpaved condition for too long, he reported that the contractor was within his right to grind out paving and not follow directly behind to repave. However, the contractor has since indicated that he would be paving these streets next week.
He concluded his report stating that as of December 6, 1999, the City's road project for Assessment District I has a fund balance of $1,910,000. Following the completion of the entire project (including Fullerton Road and Hacienda Boulevard), $9,000 is projected to remain, indicating that the three-year road project will be on budget.
General road-related discussion followed the Roads Committee report.
Councilmember Engelhardt indicated areas on West Road where grass was growing through pavement along the edge of the roadway. It was requested that the Committee look into this matter.
Fiscal Year 1998-99 Audit Report by Kokuchi, Lance, Soll & Lunghard, the City's independent Auditors will present their report and findings for the 1998-99 Fiscal Year.
Richard Kokuchi with Kokuchi, Lance, Soll, and Lunghard presented the audited financial statements for Fiscal Year ending June 30, 1999, and, as in prior years, an unqualified opinion was rendered of the City's financial
statements. Additionally, the CPA firm found the operations of the City to be running efficiently and effectively. In conclusion Mr. Kokuchi noted that the general fund balance increased by $278,982 totaling to a $2,184,636 general fund balance as of June 30, 1999.
Adelphia Communications (formerly Century Cable) to report on progress of the upgrade of the cable system ongoing in the City of La Habra Heights.
Nancy Stinson with Adelphia Comunications reported on the completion of the cable system upgrade. On Monday, December 20, 1999, 34 cable channels will be launched providing a total of 79 channels to La Habra Heights residents. December 16th and 20th were noted for residents to stop by at the Community Center MPR to meet their cable representatives, ask questions, and turn in or exchange any obsolete cable boxes.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Leonard Greenberg, Pleasant Crest, indicated that in light of Y2K concerns and each household being emergency prepared, he suggested that residents also think about having enough water on hand for household pets and other animals. He believed that the La Habra Heights County Water District does not have generators to continue the flow of water to La Habra Heights residents in the event of a citywide electrical outage. Additional matters were discussed pertaining to L. A. County's Hacienda Boulevard design project and the City's road project as it pertains to Pleasant Crest.
Martin Offenberger, Kashlan Road, presented signed petitions by residents opposed to the proposed expansion of the Sam Sung Korean Presbyterian Church in La Habra Heights.
Roy Francis, Chota Road, spoke on behalf of his neighbors conveying concerns regarding the large amount of early morning vehicular traffic at the Sam Sung Church. He noted that two police cars were also on site and wondered whether funding for the Sheriff's cars was at the City's expense.
Tom Higgs, El Cajonita, requested clarification regarding the designation of Hacienda Boulevard; specifically, whether Hacienda Boulevard is an arterial road or considered a two-lane highway. Staff was directed to look into this matter.
Councilmember Engelhardt, requested that the City be given an update report at its January meeting as to L. A. County's current status with the Hacienda Boulevard Design project; and Mayor Pro Tem Powers asked that L. A. County Department of Public Works be invited to attend the meeting.
Stephen Blagden, Citron Road, offered the following observations: EPAC has not planted the slopes as, he believed, is required in the agreement. Regarding the Sam Sung Church project, he noted that the Church is also behind with its payments to the City.
Discussion ensued regarding the status of payments pertaining to large planning projects in La Habra Heights. City Manager Lindsey indicated that these issues will be addressed after having familiarized herself with the City's financial procedures.
Michelle Harencame, East Road, apprised the City Council of her intent to place a chain and lock across her private drive.
Craig McRae, Reposado Drive, spoke regarding a Planning Commissioner's recent comments which appeared in the editorial section of the Whittier Daily news.
Monica Albin, East Skyline Drive, conveyed her consternation regarding the proposed fire station site at the Diaz property indicating the deplorable condition of the home. She noted several concerns; i.e., increased traffic and she questioned why neighbors were not notified of the City's intention.
Fire Chief Nelson informed Ms. Albin that the Diaz site is a temporary facility until a new fire station is built in Powder Canyon. The Department's intent for the residential structure is to accommodate off-site office storage space and will not be used to house personnel.
Mayor Pro Tem Powers added that no permits or noticing was required for the temporary City facility.
As no one further wished to testify, Mayor Spothelfer closed public comments.
FINANCIAL MATTERS
APPROVAL OF WARRANTS
The November warrants in the amount of $208,458.89 were unanimously approved as presented.
TREASURER'S REPORT FOR NOVEMBER 1999
The Treasurer's report consisted of:
Monthly Highlights
Schedule of LAIF Investments
Cash and Investments
Fund Activity Report
District No. 1 Summary
Dai-Ichi-Kangyo Bank Report
Budget Reports
There being no objection, the Treasurer's report was deemed received and filed.
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special City Council Meeting of May 3, 1999, a Special City Council Meeting of August 31, 1999, and a Regular City Council Meeting of September 9, 1999.
With Councilmember Engelhardt abstaining from voting on the minutes of August 31, 1999, the minutes for May 3, 1999, August 31, 1999, and September 9, 1999 were unanimously approved as presented.
PUBLIC HEARINGS
AN APPEAL OF A DECISION BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO STANDARDS MODIFICATION 99-04 GRANTING A VIEW PRESERVATION FOR LOT NO. 9 AT 511 DOROTHEA ROAD
At the commencement of open session, the Acting City Attorney announced that staff recommends continuance of this item noting that parties involved are in negotiation in an attempt to settle the matter. All interested parties have requested the continuance to the next regularly scheduled meeting of the City Council.
It was the consensus of the City Council to continue this item to the January 13, 2000 City Council meeting.
CONSENT CALENDAR
It was recommended that items 9a through 9g be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
It was requested that agenda item 9e be moved from the consent calendar for separate discussion.
9a. INTERIM FIRE STATION LEASE AGREEMENT - THE DIAZ RANCH AT 2567 EAST SKYLINE DRIVE IN THE CITY OF LA HABRA HEIGHTS
An agreement between the City of La Habra Heights and the Puente Hills Landfill Native Habitat Preservation Authority for the City to lease a portion of the Diaz Ranch site including the ranch house at 2567 East Skyline Drive for a cost of one dollar per year.
RECOMMENDATION: APPROVE LEASE AGREEMENT
9b. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE BY ADDING A NEW CHAPTER 5 TO ARTICLE VI RELATING TO PIPELINE FRANCHISES
Introduction of an Ordinance which would establish a procedure for the granting of franchises for pipelines.
RECOMMENDATION: WAIVE FULL READING AND INTRODUCE
9c. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING A REVISION OF LOCAL CEQA GUIDELINES
Adoption of a periodic update of Local California Environmental Quality Act (CEQA) Guidelines as recommended by the Planning Commission. (This item is continued from the November 11, 1999 City Council meeting.)
RECOMMENDATION: ADOPT RESOLUTION NO. 99-30
9d. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPOINTING SHERYL LINDSEY THE CITY MANAGER OF THE CITY
Adoption of a Resolution appointing Sheryl Lindsey the City Manager of the City of La Habra Heights and approving a contract for services.
RECOMMENDATION: ADOPT RESOLUTION NO. 99-31
9f. AUTHORIZATION TO ADVERTISE FOR BIDS, PARK BUILDING PARKING LOTS
Approval of plans and authorization to advertise for bids for rebuilding of parking lots at The Park.
RECOMMENDATION: APPROVE PLANS AND ADVERTISEMENT
9g. GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT BOARD REAPPOINTMENT
Consideration to reappoint Jim Remington, the current Trustee on the Board of the Vector Control District, to a term of four years.
RECOMMENDATION: APPROVE REAPPOINTMENT
A motion was offered by Councilmember Daniel which was seconded by Mayor Pro Tem Powers to accept staff's recommendations for consent calendar items 9a, 9b, 9c, 9d, 9f, and 9g as presented. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
CONSENT CALENDAR (Continued)
9e. AGREEMENTS FOR PURCHASE AND SALE, AND ESCROW INSTRUCTIONS, FOR THE COMMUNITY CENTER PROPERTY
An Agreement between the City and Lowell Joint School District and the City and Family Resource Ministries, Inc., including escrow instructions, for the transaction of purchase and partial sale of the Community Center property, 1245 N. Hacienda Blvd.
RECOMMENDATION: APPROVE AGREEMENTS
Following discussion of this matter, the City Attorney was directed to incorporate changes discussed pertaining to the Reciprocal Easement Agreement, page 10, Section 7.1. Use of School Parcel ó to maintain current school's standards up to grade eight and that no retail business be allowed other than current normal school-type activities.
Steve Blagden, Citron Road, noted the following concerns: reciprocal parking arrangements, rezoning of school property, and increased resale value of school property.
A motion was offered by Councilmember Daniel which was seconded by Mayor Pro Tem Powers to approve agreements with the noted amendment. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
OLD BUSINESS
CONSIDERATION OF AN APPEAL BY THE CITY OF ITS REGIONAL HOUSING FAIR SHARE ALLOCATION
City Manager Lindsey indicated that the report for performing an appeal for the City's regional housing fair share allocation study would cost approximately $7,000-8,000. Additionally, she reported that staff is continuing to research options to do the City's housing element.
Mayor Pro Tem Powers requested a report back as to how other cities are handling this matter.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DENYING THE APPEAL FROM PLANNING COMMISSION RESOLUTION NO. 99-17 AND CONDITIONALLY APPROVING STANDARDS MODIFICATION NO. 99-12 TO PERMIT THE CONSTRUCTION OF A GARAGE WITHIN THE REAR-YARD SETBACK AT 936 EL TERRAZA DRIVE
At the commencement of open session, the Acting City Attorney announced that staff recommends continuance to the next regularly scheduled meeting in order to further evaluate the garage modification plans as well as for staff to study and obtain additional cost estimates for the garage roofing work modifications.
It was the consensus of the City Council to continue this item to the January 13, 2000 City Council meeting.
NEW BUSINESS
None
MISCELLANEOUS COMMUNICATIONS
12. CONTINUATION OF LOCAL EMERGENCY AS A RESULT OF STORMS COMMENCING ON FEBRUARY 9, 1998, AND OCCURRING IN THE CITY OF LA HABRA HEIGHTS AS PROCLAIMED ON MARCH 12, 1998
Mayor Spothelfer provided the above-noted announcement of continuation of local emergency. No further City Council action was required at this time and none was taken.
ADMINISTRATIVE REPORTS
13. CITY MANAGER'S REPORT
City Manager Lindsey provided an overview regarding the City's Y2K readiness.
14. CITY ATTORNEY'S REPORT
None
15. CITY ENGINEER'S REPORT
City Engineer Milano updated the City Council on the Roadway Repair project.
16. FIRE CHIEF'S REPORT
Fire Chief Nelson gave the Fire Department monthly operational status report and apprised the City Council of additional matters of interest.
CITY COUNCIL COMMENTS
Following a question posed by Councilmember Engelhardt, discussion ensued regarding penalties for delayed roadwork. City Engineer Milano believed that the contractor had not yet surpassed his contract date. He continued explaining, however, that when streets were posted for road repairs and the contractor failed to perform, a liquidated damage assessment was issued per day of occurrence.
Councilmember Klein requested the City Manager to implement a contingency plan for diverting traffic at Colima Road and Whittier Boulevard when the City's main thoroughfares becomes blocked. It was noted that during a recent such incident, the Sheriff's Department rerouting of traffic was handled poorly.
The City Manager indicated that these matters are being discussed with the Sheriff's Department, the Fire Chief, and the City Engineer will also be part of the program. A written detour plan manual and having detour signs on hand are also being considered so that through traffic may be rerouted more efficiently.
Councilmember Daniel reported on the status on plans for an equestrian center in Powder Canyon which, he said, was originally proposed near the fire department at the south side of Powder Canyon. It was determined, though, that visibility for exiting vehicles (especially if towing a horse trailer) could be a problem. An area off a road south of this location was determined to be a safer spot. Design plans for the equestrian center have been completed and when approved, the building of the center can begin.
Regarding previously considered rezoning of the school property and potential legal complications, Councilmember Engelhardt expressed concern if the Heights Christian School were to go out of business. She questioned how the City could ensure that the property site be restricted to schools.
Discussion followed. Councilmember Daniel recollected that City Attorney Colantuono believes that current zoning addresses the restriction. Acting City Attorney Daniels said that he would speak to City Attorney Colantuono and ask him to discuss the matter at the January 13, 2000 City Council meeting.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Following Tom Higg's comments and discussion amongst the Council, Planning Director Sanderson was asked to check if a news stand at the corner of Hacienda and East Road is legally appropriate.
ADJOURNMENT
Mayor Spothelfer adjourned the City Council meeting at 9:15 p.m.
ATTEST:
_______________________________
CITY CLERK LINDSEY
(991209RegCCMinuts)
Minutes of December 9, 1999
Regular City Council Meeting
Minutes of December 9, 1999
Regular City Council Meeting
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 11, 1999
CLOSED SESSION
With all Councilmembers present, the City Council adjourned to a closed session at 6:10 p.m. to discuss: one case of initiation of litigation, public employment regarding City Manager, and conference with labor negotiator as noted on the City Council agenda.
At the commencement of the regular City Council meeting, City Attorney Colantuono stated that regarding 1) the case of initiating litigation, the City Council authorized the filing of a lawsuit; 2) public employment regarding City Manager, the City Council had met with the City Manager, but no actions were taken which would require reporting; and 3) conference with labor negotiator, no actions were taken which would require reporting.
OPENING CEREMONIES
CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Spothelfer at 7:35 p.m., on Thursday, November 11, 1999, at the Community Center, 1245 No. Hacienda Boulevard, La Habra Heights.
ROLL CALL
Councilmembers present were: Daniel, Engelhardt, Klein, Powers and Spothelfer. Also present were City Manager Doolittle, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, City Engineer Milano, Deputy City Engineer Gilbertson, Sheriff's Department Deputy Ferris, and Deputy City Clerk Coulter.
FLAG SALUTE AND INVOCATION
The flag salute was led by Deputy Tab Rhoades, L. A. County Sheriff's Department ñ Industry Station, and the invocation was led by Don Jervis.
ANNOUNCEMENTS
Mayor Pro Tem Powers provided information of community interest and upcoming events.
PRESENTATIONS
Volunteers On Patrol (VOP) with the L. A. County Sheriff's Department, La Habra Heights residents Edward Borrowe and Ray Johnson provided an overview of the VOP Program.
Nancy Stinson, Adelphia Communications General Manager, reported on the near completion for upgrading the cable system in the City of La Habra Heights.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Jeanette Fritz, Virazon Drive, reported on the upcoming Friday evening, December 3, 1999, Millennium Ball at the Hacienda Golf Club.
Charles Wolfarth, Benik Road, relating to an incident on Benik Road and Nabal Road, spoke regarding what he believes to be a deterioration in the enforcement of the City's General Plan and its ordinances.
Craig McRae, Reposado Drive, voiced displeasure with the quality of roadwork construction. He also indicated that he was pleased the City was again having an active Roads Committee.
Gene Metzger, Dorothea Road, spoke of the public hearing continuance pertaining to an appeal of a Planning Commission decision regarding 511 Dorothea Road.
Don Jervis, Dorothea Drive, offered thanks regarding the following: roadwork done in front of his house, a successful community Halloween party, and the La Habra Heights Fire Department's recent quick response.
Tom Higgs, El Cajonita Drive, spoke regarding L. A. County's plans to upgrade Hacienda Boulevard and requested that the City have a County representative at an upcoming Council meeting to discuss residents' concerns.
FINANCIAL MATTERS
6. APPROVAL OF WARRANTS
The October warrants in the amount of $368,293.42 were unanimously approved as presented.
TREASURER'S REPORT FOR OCTOBER 1999
The Treasurer's report consisted of:
Monthly Highlights
Schedule of LAIF Investments
Cash and Investments
Fund Activity Report
District No. 1 Summary
Dai-Ichi-Kangyo Bank Report
Budget Reports
There being no objection, the Treasurer's report was deemed received and filed.
STANDARD MOTIONS
8. APPROVAL OF MINUTES: Minutes of a Special City Council Meeting of May 13, 1999, a Special City Council Meeting of August 3, 1999, and a Regular City Council Meeting of August 12, 1999.
With Councilmember Engelhardt abstaining from voting on the minutes of August 12, 1999, the minutes for May 13, 1999, August 3, 1999, and August 12, 1999 were unanimously approved as presented.
PUBLIC HEARINGS
9. AN APPEAL OF A DECISION BY THE LA HABRA HEIGHTS PLANNING COMMISSION TO APPROVE A 400 SQUARE FOOT GARAGE TO ENCROACH INTO THE REAR AND SIDE YARD SETBACKS
City Manager Doolittle discussed the project at 936 El Terraza Drive indicating that the site includes a 1,220 square-foot single-family dwelling which was being enlarged to 2,029 square feet. Since the property had an open carport (approved prior to 1978 under the County's jurisdiction), it was felt that the property could be brought closer to conformity with the City's parking requirements by enclosing the carport. Under the circumstances the modification to enclose the carport appeared to be a reasonable request.
The requirement was placed to enclose the garage and this was carried out; however, the carport structure was dismantled at some time during the construction process. The matter was then treated as a new building structure and certain conditions were placed requiring a fire separation from the property line by constructing a parapet wall above the roof of the garage. Neighbors objected to the appearance of the proposed structure and the parapet wall.
City Attorney Colantuono pointed out that the application for a standards modification to permit the continued presence of a garage essentially on the property line requires discussion regarding the following two issues:
The appellants have objected to the aesthetic consequences of the parapet wall, and it seems that the property owner feels the parapet wall might be a maintenance problem. For consideration is the question whether or not the Uniform Building Code absolutely requires the parapet wall and the fire separation it creates. Based on discussions with the Fire Chief and the City Engineer, it seems possible to interpret the Code to allow the parapet wall to be removed. However, if a standards modification were later granted to the Regenfuss or Eppler's properties resulting in another building being built immediately behind the garage then the one-hour fire separation would be required.
There has been some question regarding the enforcement of the City's fire sprinkler ordinance with respect to the new garage. He continued that the City Engineer said the requirement was disclosed to the applicant and before the project receives final approval, the sprinkler requirement will be enforced.
Discussion then entailed the rear wall of the garage which accepts drainage from the two upper properties. City Manager Doolittle pointed out that one of the conditions of the rebuilt structure is that the wall is to continue to accommodate the through-flow. Due to the unusual situation, Councilmember Engelhardt expressed concern that a future property owner may lodge claims against the uphill neighbors.
City Attorney Colantuono responded that the noted wall was a pre-existing retaining wall which was jointly constructed by the affected property owners. The right to continue to drain through that wall would be controlled by common-law principles; i.e., drainage has to be reasonable and cannot cause unnecessary damage to the property that receives the drainage.
Mayor Spothelfer opened the public hearing.
David Weiss, 14408 E. Whittier Boulevard, Suite B-7, Whittier, attorney for Richard Buechler, property owner, stated that the retaining wall does not have weep holes, rather the engineered retaining wall was constructed so that any collection of water at the base below the surface will drain into a drainage pipe out the driveway beyond the garage.
Mr. Weiss continued that the garage and home improvement remodeling was done per architect plans permitted by the City. Plans included the enclosing of the carport within the garage. He reported that the City Inspector had told the property owner, îYou have a garage that is enclosed, you will have a roll-down door, you don't need a carport in there any more.î The owner then proceeded to cut the post at the base, leaving the foundation below the concrete. The garage is on the original footprint and, therefore, Mr. Weiss believes there is no encroachment.
Mr. Weiss continued that the parapet wall was built according to the City's fire codes and Building Department requirements. To tear the wall down would be a great expense to the owner and self-defeating in the event the adjoining property owner were to build on his property requiring the parapet wall. Although the Buechlers complied with the Planning Department's requirements, the City says that the building of the parapet wall is not proper. He concluded that the garage should be completed with the conditions imposed by the Planning Commission.
Richard Buechler, El Terraza Drive, indicated that he had complied with the City's requirements. He explained that he only wanted a larger house, but was told that he would need a garage. In conclusion he stated that he is opposed to removing the parapet wall.
Julia Kemp, attorney for appellants, 800 So. Beach Boulevard, Suite A, La Habra, opined that staff had concluded there was no automatic right to build a garage in the setback. At one time, because of the standing structure, there existed the possibility of an exemption; however, the situation no longer exists.
Ms. Kemp felt that the appropriate method for an encroachment into a setback is via a variance and feels that this is the method which should have been presented. Regarding staff's use of a miner modification request for the setback encroachment, she pointed out that 24+ feet into the 25-foot setback is not miner.
She continued by discussing Municipal Code 9405 for standards modifications indicating that the City's Code may be unconstitutionally vague in that it does not sufficiently define standards for miner modifications. Additionally, she pointed out that cost and convenience for allowing the setback encroachment is not an appropriate consideration.
Christian Regenfuss, El Terraza Drive, pointed out that if the neighbors had received notice six months earlier, some problems could have been eliminated.
Julia Higgs, El Cajonita Drive, speaking on behalf of Stephen Blagden, indicated that the project should be sent back to the Planning Commission for a variance hearing.
Tom Higgs, El Cajonita Drive, spoke against approving the garage as it currently encroaches into the rear and side-yard setbacks.
As no one further wished to testify, the public hearing was closed.
City Engineer Milano said that the Engineering Department was not involved until structural calculations and issuance of permits were required. Approval for the site plan--for a garage to be constructed around an existing carport and the carport to continue inside the garage--he indicated was by the Planning Department.
Regarding a question posed by Councilmember Klein relating to appropriate staff procedure, City Attorney Colantuono provided the following scenario:
The Buechlers had presented an over-the-counter application to remodel their home. The project was large enough to require a design review approval. Planning staff reviewed the application and it was determined that the expansion falls under the nonconforming use ordinance.
The City Attorney conveyed the difficulty of working with previously-issued County building permits for La Habra Heights parcels. He noted that the parking nonconformity is a particular difficult problem since relatively small improvements can trigger the requirement for a garage. Under the City's nonconforming use standards, the remodeling project requires compliance with the City's parking requirements. Enforcement of nonconforming use regulations would have disallowed the house expansion without a full garage and a full setback.
Staff's proposal was to leave the nonconforming carport which the owners had the right to maintain at the current location, but wrap the structure with obscuring walls and ceiling. Along the way there was what appeared to be a garage with poles inside and eventually the poles were removed. The point at which neighbors were entitled to notice was when the project became a discretionary application. Miner remodeling--such as adding space to a house--does not require a discretionary process and there was no need for notice.
The garage structure drew a complaint and in review of the complaint, it was decided to document existing facts and procedures via a standards modification process at which time the project became a discretionary application and notice was given as required.
Following continued discussion, neighbors' concerns regarding the garage and the City's response were reported by the City Attorney as follows:
View impactóthe only way to alter the view impact is to change the height of the parapet wall on top of the garage structure.
Drainageóhas been addressed this evening.
Visual impactóto soften the view of the wall, it was suggested to stucco or other surface treatment. Landscaping adjacent to the garage was not considered practical since the garage is only inches away from the property line.
Pony pen setback locationóthe City's code setback requirements are applicable in relation to structures for human habitation and the garage is not considered habitable.
Eppler's and Regenfuss' equestrian use on their propertiesóagain, the enforcement is in relation to habitual space.
Eppler's and Regenfuss' rights for structures modificationsóthe concern is because the Buechler's garage location has implications for the fire code because two improvements put close together requires that each be rated with a one-hour separation. Legally speaking, however, the City Council may consider standard modifications for improvements to the Epplers' and Regenfuss' properties with or without the garage.
The following City Council options were noted by Councilmember Klein:
May leave the garage where it is, as is.
Require the garage to be removed.
Require that the garage be torn down and the City pay for it. The owner would then build a new garage at a different location.
Work out a compromise with the garage owner and the neighbors.
Catherine Buechler, the applicant, spoke stating that when she took the blue print the Building Department for initial approval, the parapet wall and the building of a garage to include the retaining wall was on the blue print for approval and was not added after-the-fact as has been implied. She said that the garage was built according to the City's specifications and if the parapet wall can now be removed, the City should pay for the removal.
Councilmember Klein suggested this be discussed with the neighbors to see if such a compromise would be acceptable.
Meeting Recess and Reconvene
A brief recess was called at 9:32 p.m. and the City Attorney was directed to meet with the applicants and appellants to see if a compromise could be negotiated with all parties concerned.
Mayor Spothelfer reconvened the meeting at 10:05 p.m. with all five Councilmembers present.
City Attorney Colantuono said that during discussion with the concerned homeowners he had suggested the following conditions the City Council may wish to impose. It was reported that the homeowners agreed with the following conditions:
The parapet wall is to be removed at the City's expense.
Rafter extension is to replace the parapet wall and would be designed and reconstructed at the City's expense.
The Buechlers will be responsible for maintaining the existing drainage facility through the wall.
Conditions are to reflect that the garage is not to be enlarged and may not be put to habitual uses.
It was suggested that staff reinvestigate whether the code enforcement letter regarding a pony pen on the Eppler's property should have been issued in light of the interpretation provided this eveningóthe 35-foot setback requirement applies to a habitual structures--not any structure.
Strike landscape condition. The condition will call for the wall surface to the structure to be stucco.
The Buechlers request an immediate cancellation to the stop-work order.
Neighbors would like the appeal fee of $476 to be refunded.
The City Attorney provided the following suggestions for agenda follow-up.
Direct the City Attorney to prepare a resolution incorporating this evening's discussion.
Changes to the garage structureóthe elimination of the parapet wall and the design of the rafter tails would have to be done next month. It was the City Attorney's suggestion that the City Engineer handle this and present the drawings to the affected homeowners. He also requested a construction estimate of what it would cost to build out the plans.
The attorneys representing the Epplers and Regenfuss noted agreement to the noted suggestions.
A motion was offered by Councilmember Klein which was seconded by Mayor Pro Tem Powers directing the City Attorney to prepare the appropriate resolution; direct the City Engineer to prepare plans and construction estimates; lift the stop work order; direct staff to reinvestigate the pony pen code enforcement matter, and a staff report and resolution to be on the December 9, 1999 City Council agenda. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
10. AN APPEAL OF A DECISION FOR DENIAL BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO A PARCEL SPLIT FOR TENTATIVE TRACT MAP 25513
This item was continued to the January 13, 2000 City Council meeting.
11. AN APPEAL OF A DECISION BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO STANDARDS MODIFICATION 99-04 GRANTING A VIEW PRESERVATION FOR LOT NO. 9 AT 511 DOROTHEA ROAD
This item was continued to the December 9, 1999 City Council meeting.
12. CONDITIONAL USE PERMIT NO. 99-06 PERTAINING TO A TRUCKING OPERATION TO TRANSPORT OIL WITHIN THE CITY OF LA HABRA HEIGHTS
Laura Stetson, Contract Planner, provided the staff report indicating that due to an oil pipeline rupture which occurred in May 1999, Conditional Use Permit 99-06 is presented this evening for Council's consideration to continue trucking operations in order for Crimson to transport oil from two sites near Hacienda Boulevard to a third site off of Fullerton Road.
Additionally, it was noted by Ms. Stetson that Crimson had made a decision to install a new pipeline (as compared to repairing the old pipeline). A separate application for construction of the pipeline was filed on October 25, 1999, and is currently being reviewed.
Mayor Spothelfer opened the public hearing.
Gary Buntman, Vice President of Crimson Resource Management, stated that Crimson agrees with the recommendations of the City's staff and Planning Commission. He said that he is in attendance this evening to answer any questions of the City Council.
Following a question posed by Councilmember Engelhardt, discussion ensued regarding trucking hours. It was pointed out that trucks may be ticketed for starting their engines prior to 8:00 a.m. within La Habra Heights' City limits.
The necessity of installing a stop sign at Canada Sombre for trucks exiting Site 3 was pointed out by Mayor Spothelfer and Crimson was asked to quickly follow-up on this request. Mr. Buntman agreed if the City would like to install the sign, Crimson would reimburse the City for its cost.
Bud Chapman, Canada Sombre, indicated that he is in favor of a new pipeline being installed and getting the oil trucks off City roads. He wondered when the construction might be completed indicating that he wished to see the return of a rural environment on Canada Sombre Road.
Ed Zezula, Canonita Drive, asked since Crimson said they will no longer use Canonita Drive for trucking, the name of the street be removed from the staff report and Conditions of Approval. He expressed concern regarding the safety of Canonita Drive's 16 residents and 17 children. It was suggested trucks be equipped with yellow flashing lights because children would be more aware of flashing lights and may not see posted road signs. He approved the use of the smaller three-axle trucks to transport oil and took issue with calculations regarding the number of three-axle trucks quoted in the staff report.
Ms. Stetson responded to a question posed by Mayor Pro Tem Powers that Canonita Drive is no longer involved and can be removed from the exhibits and the CUP approval. The Contract Planner was directed to do so.
Norman Zezula, Canonita Drive, also spoke in favor of using smaller trucks noting the Sheriff's report pointed out that smaller trucks would be safer on the City's narrow winding roads.
Don Fite, Dorothea Road, spoke in favor of the economic benefit resulting from Crimson operations in the City and cautioned the City Council against placing too many restrictions on the oil company's operations.
Sandra Briggs, Subtropic Drive, felt that Crimson trucks have not been a problem, and she supported the granting of the CUP for Crimson to continue trucking oil.
Tom Higgs, El Cajonita, also felt that the oil trucking operation has gone well and speeding vehicles pose more of a danger then Crimson trucks. He encouraged the City Council to do its part so that Crimson can return to normal business operations.
Meeting Recess and Reconvene
A brief recess was called at 10:45 p.m. so that the camera operator could change the videotape. Mayor Spothelfer reconvened the meeting at 10:55 p.m. with all five Councilmembers previously noted as present.
Public Testimony continued
Pete Kreager, Ardsheal, urged the City Council to approve the CUP so that this matter would be resolved quickly.
Dave Sandison, Canada Sombre, thanked Crimson that trucks are no longer rolling early in the mornings or late at night. However, Mr. Sandison wished to point out some remaining offensive issues. Regarding the current CUP requiring visual screening he said that looking at Crimson's Canada Sombre site from his living room is like overlooking an industrial yard.
Another problem Mr. Sandison said is the dirt remaining from the left over oil-contaminated dirt from the La Habra oil spill. He explained that most of the dirt was scooped up with a tractor, but was never completely swept away. When it rains, the trucks drag mud onto the street and cars passing through continue to spread the mud and dirty the sides of their vehicles. When the mud dries, it turns into dust and creates a dust problem.
Regarding a recent oil spill behind Bud Chapman's house, Mr. Sandison pointed out the oil flow into a ravine and questioned the lack of containment and concerns regarding oil in a natural drainage system.
Mr. Sandison also had a concerns with the proposed CUP indicating that while the number of trips per day are limited; the number of trips per site are not. He requested language to specify that the 30 truck trips be spread out over all three sites.
Discussion ensued regarding Mr. Sandison's comments. Regarding the dirt issue, City Attorney Colantuono quoted the proposed Resolution, Condition 24 on page 19, ìThe applicant shall at all times control dust production on all driveways, roadways, loading and off loading areas at Sites 3, 5, 8, 12 and the El Empino storage facility. Ö.î It was determined that the City's Planning staff would handle the enforcement.
Regarding visual screening, Contract Planner Stetson was directed to investigate and if the newly-planted trees do not provide sufficient screening, the City may require container plants with a watering system to fill in until the planted trees grow to provide sufficient screening. Ms. Stetson said that she will review the situation and follow-up with Crimson.
Councilmember Klein expressed concern regarding the oil-contaminated dirt and the following discussion ensued. Crimson representative, Patty Young, said that the South Coast Air Quality Management District, using an organic vapor analyzer to test the dirt, determined at background levels that the dirt was clean soil. To ensure local enforcement of existing regional environmental regulations, the City Attorney suggested adding to the end of Condition 24, ìand of the Regional Quality Water Control Districtî.
Regarding the oil in the stream area, Ms. Young reported that this has been cleaned up and restoration is near completion.
Discussion then entailed log/records of trucks transporting oil from Crimson oil sites. The City Council requested a condition be added to the CUP documenting off-site truck traffic trips. City Attorney Colantuono suggested Condition No. 37 to read as follows:
ìThe applicant shall provide the City logs or other evidence of the number daily truck trips into each site for review and maintenance in the City's records. This data shall cover the period from November 12, 1999, to the termination of the CUP. This data shall be provided by November 30, 1999, and twice monthly thereafterî.
Councilmember Klein indicated that trucks filled with oil should be weighed to assist in determining any effect regarding road damage. City Attorney Colantuono suggested Condition No. 38 to read as follows:
ìThe Applicant will allow the City to weigh a fully laden truck to determine the actual weight of those vehicles.î
Councilmember Klein asked for language in case Crimson needs to go back to transport from the El Empino site. City Attorney Colantuono suggested Condition No. 39 to read as follows:
Should the applicant reestablish trucking at the El Empino site or establish trucking at any other site, an amendment to the CUP shall be required. Emergency trucking shall utilize three-axle oil trucks and prompt notice of such trucking shall be provided to the City.î
Michelle Harencame, East RoadóPrivate Drive, spoke pertaining issues involving Crimson and she requested that the City Attorney respond in writing, and the City Attorney agreed.
A performance bond could not be found which Ms. Harencame believed should accompany the resource extraction business license application.
Crimson has been using a dirt access road off Avocado Crest, west of Dorothea Road to access service sites 7 and 11. Such road should be maintained for fire access to the satisfaction of the Fire Chief, and road is required to be paved.
A gas line runs under Ms. Harencame's street, she asked if the City inspects zone exception conditions noting that no records could be found. Also, the line is not recorded with Dig-Alert as she believes is required.
Regarding a six-months-old inspection request of a drainage facility, Ms. Harencame believes the City has not done the inspection.
Ms. Harencame wished to comment that she did not block off an emergency road as has been reported. She said that her private road was blocked with a truck, but this is not a fire access lane since it is a private drive (at East Road). She asked for the location of the fire access lane since it is not at East Road Private Drive.
Again, it was noted that the City Attorney will respond to the issues raised by Ms. Harencame in writing.
A motion was offered by Mayor Pro Tem Powers which was seconded by Councilmember Daniel to waive further reading and adopt a Resolution of the City Council of the City of La Habra Heights regarding Conditional Use Permit No 99-06 as amended. Resolution No. 99-27 was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers and Spothelfer
NOES: None
ABSENT: None
CONSENT CALENDAR
It was recommended that items 13a through 13f be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
It was requested that items 13c, 13e, and 13f be pulled from the consent calendar for separate discussion.
13a. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS REPEALING ORDINANCE NO. 28 AND ORDINANCE NO. 211 REGARDING CABLE COMMUNICATIONS FRANCHISES
Adoption of an Ordinance repealing two older Cable Television Ordinances which are replaced by the recently-adopted Ordinance No. 226.
RECOMMENDATION: WAIVE FULL READING AND ADOPT ORDINANCE NO. 229
13b. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING THE FINE SCHEDULE FOR OVERWEIGHT MOTOR VEHICLES
An Ordinance raising the fines for violation of truck weight restrictions.
RECOMMENDATION: WAIVE FULL READING AND ADOPT ORDINANCE NO. 230
13d. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY, ADDING AN EX-OFFICIO MEMBER OF THE GOVERNING BOARD
Consideration of a Resolution to amend the Joint Powers Agreement of the Wildlife Corridor Conservation Authority.
RECOMMENDATION: ADOPT RESOLUTION NO. 99-28
A motion was offered by Mayor Pro Tem Powers which was seconded by Councilmember Daniel to approve staff's recommendations for consent calendar items 13a, 13b, and 13d as presented. The motion was approved as follows:
AYES: Daniel, Engelhardt, Powers, and Spothelfer
NOES: None
ABSENT: Klein
Councilmember Klein was momentarily out of the room
CONSENT CALENDAR (Continued)
13c. LOS ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL REQUEST FOR SUPPORT OF PET POPULATION CONTROL PROGRAM
Consideration of a $500 contribution to fund the Animal Shelter's SAVE Program to increase pet adoption by spaying or neutering all adopted animals at no cost to the adopter and reduce costs of operations at the L. A. County Animal Control Shelter.
RECOMMENDATION: APPROVE CONTRIBUTION
Mayor Spothelfer and Councilmember Powers voiced disagreement with this expenditure.
A motion was offered by Councilmember Powers which was seconded by Councilmember Daniel that the request for contribution be denied. The motion was approved as follows:
AYES: Daniel, Engelhardt, Powers, and Spothelfer
NOES: None
ABSENT: Klein
Councilmember Klein was momentarily out of the room.
13e. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING A REVISION OF LOCAL CEQA GUIDELINES
Adoption of a periodic update of Local California Environmental Quality Act (CEQA) Guidelines as recommended by the Planning Commission.
RECOMMENDATION: ADOPT RESOLUTION
It was the consensus of the City Council to continue this item to the December 9, 1999 City Council meeting.
Staff was directed to include in Council's December agenda packet the confidential letter regarding state guideline revisions.
13f. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING AND SUPPORTING THE APPLICATION OF RURAL COMMUNITY FIRE PROTECTION GRANT FUNDS
Consideration of a Resolution authorizing the application of grant funds for the suppression of wildland fires.
RECOMMENDATION: ADOPT RESOLUTION NO. 99-29
Fire Chief Nelson reported that the matching requirement on the Rural Fire Protection Grant is 50 percent. He explained that equipment has been included in the Fire Department budget, but the matching funds would provide considerable savings.
A motion was offered by Councilmember Daniel which was seconded by Mayor Pro Tem Powers to approve Resolution No. 99-29 as entitled above. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers and Spothelfer
NOES: None
ABSENT: None
OLD BUSINESS
None
NEW BUSINESS
None
MISCELLANEOUS COMMUNICATIONS
14. CONTINUATION OF LOCAL EMERGENCY AS A RESULT OF STORMS COMMENCING ON FEBRUARY 9, 1998, AND OCCURRING IN THE CITY OF LA HABRA HEIGHTS AS PROCLAIMED ON MARCH 12, 1998
Mayor Spothelfer provided the above-noted announcement of continuation of local emergency. No further City Council action was required at this time and none was taken.
ADMINISTRATIVE REPORTS
15. CITY MANAGER'S REPORT
State Planning Office letter Re: General Plan Review
City Manager Doolittle apprised the City Council regarding the status of an annual report for the General Plan review.
Staff was directed to place on the December 9, 1999 City Council agenda consideration to retain a consultant to assist with appealing the assigned number for low-to-moderate income housing, also staff to provide an overview of the appeals process and the estimated cost.
City Manager Doolittle reported on the parcel map to split the La Habra Heights Community Center and Heights Christian School properties. It was anticipated that the map(s) may be recorded with the L. A. County Recorder as early as Monday, November 15, 1999, and escrow may be opened in a few days. General discussion ensued regarding these matters.
16. CITY ENGINEER'S REPORT
Status of the citywide road project
City Engineer Milano reported on the progress of Phase III for the Citywide Roads project.
The Roads Committee will make a recommendation at the February 10, 2000 City Council meeting on the Maintenance District II program.
Councilmember Engelhardt requested that the February staff report also include information on the estimated cost and funds remaining for Maintenance District II, in addition to funding for Hacienda Boulevard.
The City Engineer was asked to report at the December 9, 1999 Council meeting on Phase III Citywide Road regarding those phases of the project which had not been completed at the time of this evening's report.
17. CITY ATTORNEY'S REPORT
Status of Crimson Resource Management
The City Attorney indicated that this matter had been discussed earlier this evening.
18. FIRE CHIEF'S REPORT
Fire Department Monthly Operational Status Report
Fire Chief Nelson provided an update to the City Council of recent and upcoming Fire Department events.
L. A. County Weed Abatement Noticing
Fire Chief Nelson reported on communications with L. A. County regarding weed abatement noticing. He indicated that he would have additional information to report at the December 9, 1999 City Council meeting regarding the County's response pertaining to discing/handwork clearing.
CITY COUNCIL COMMENTS
City Manager Doolittle was directed to inquire with L. A. County regarding the status of Hacienda Boulevard and the City Engineer was directed to talk to the Roads Committee regarding Hacienda Boulevard.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Spothelfer adjourned the City Council meeting at 11:42 p.m.
ATTEST:
__________________________
CITY CLERK LINDSEY
(991111RegCCMinutes)
Minutes of November 11, 1999
Regular City Council Meeting
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
OCTOBER 14, 1999
CLOSED SESSION
At 6:00 p.m. a closed session was held to discuss the following as was noted on the City Council agenda:
conference with real property negotiator
public employment
conference with labor negotiator.
Except for Councilmember Klein, all City Councilmembers were present; also present were City Manager Doolittle and City Attorney Colantuono.
The meeting was reconvened in open session (with all Councilmembers previously noted as present) and City Attorney Colantuono said that the City Council had deliberated the noted items and he provided the following report: 1) regarding the real estate matter, no actions were taken; 2) regarding public employment, the City Council reviewed the applications submitted for the City Manager position and candidates were identified to be interviewed; and 3) regarding conference with the labor negotiator, no action was taken which would require reporting.
OPENING CEREMONIES
CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Spothelfer at 7:40 p.m. on Thursday, October 14, 1999, at the Community Center, 1245 No. Hacienda Boulevard, La Habra Heights.
2. ROLL CALL
Except for Mayor Pro Tem Powers who was absent and officially excused, all City Councilmembers were present. Also present were City Manager Doolittle, City Attorney Colantuono, Fire Chief Nelson, Planning Director Sanderson, City Engineer Milano, Deputy City Engineer Gilbertson, Sheriff's Department Deputy Ferris, and Deputy City Clerk Coulter.
FLAG SALUTE AND INVOCATION
Mayor Spothelfer led the flag salute and Fire Chief Nelson led the invocation.
ANNOUNCEMENTS
Councilmember Daniel provided information of community interest and upcoming events.
COMMENDATIONS
Los Angeles County Sheriff's Department Deputy George Vasquez was presented with a Commendation for his past service to the La Habra Heights Community.
Fire personnel were commended who had recently participated in a mutual aid operation with the U. S. Forest Service who responded to numerous fires in the Angeles Forest and the San Bernardino Forest.
PRESENTATIONS
Nancy Stinson, Adelphia General Manager, reported on the progress for upgrading the cable system ongoing in the City of La Habra Heights.
President of Crimson Resource Management, John Greer, explained actions taken by Crimson regarding the September 25, 1999 crude oil spillage due to an electrical failure of the water-injection pump and cleanup in La Habra Heights. He explained that to prevent further incidence, 1) the shut-down system for pump operations was wired to Crimson's alarm and monitoring system and 2) piping system was changed so that spills will be received into a spill containment system. Additional measures of compliance and upgrade of the facility site were reported and maintenance work performed on certain fire roads.
In continuing, Mr. Greer noted plans to construct a new 1.5 mile state-of-the-art pipeline to replace a current 5-mile segment of pipeline. Discussion ensued regarding this matter.
Mr. Greer responded in the affirmative to Councilmember Daniels' question that Crimson Resource Management would compensate the City for any road damage that may result from Crimson's trucking operation.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Rorie Klinger, Vista Road, spoke on behalf of the Sonora High School band who, he reported, was selected to attend the 2000 National Independence Day Parade in Washington D.C. He indicated that any support and/or donations would be greatly appreciated.
Following discussion of this matter, a motion was offered by Councilmember Klein which was seconded by Councilmember Daniel for the City to donate $300 towards the Sonora High School band's 2000 Washington D.C.'s trip. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
Stephanie Sweeney, Canada Sombre Road, spoke regarding Crimson Resource Management indicating that the Company has not been complying with the City's standards pertaining to operating hours, property landscaping, and noise control.
Discussion ensued between Ms. Sweeney, the City Council, City staff, and Crimson personnel. Mr. Greer agreed to provide the City with documentation regarding the start/finish time for the daily truck-routing operations in La Habra Heights, and a phone number was provided--697-7603--for the public to voice complaints. Staff was directed to check the Conditional Use Permit issued by Los Angeles County for sound regulations.
Discussion then ensued addressing Ms. Sweeney's complaint that recently the City's (contract) road crew had been working on the same street where Crimson was repairing an oil leak which resulted in residents being left stranded due heavy equipment blocking the road.
Eileen Kagel, Agave Avenue, voiced her displeasure in that lifeline service to receive television network stations is not available through the local cable company as, she stated, it is in other areas.
Steve Blagden, Citron Road, stated that the La Habra City Council had approved the widening of Hacienda Boulevard from Whittier Boulevard to the La Habra Heights City limit. General discussion ensued between the City Council and Mr. Blagden regarding traffic matters and the installation of a signal light at Hacienda Boulevard and East Road. Other considerations to slow down the traffic flow were also deliberated.
David Maislen, Flowerfield, reported on the previous Saturday's Garden Harvest.
Gene Metzger, Dorothea Road, submitted a list of signatures from neighboring property owners who signed in support of opposing the granting of an 11-foot variance for lot 9 of the EPAC/Lynch project. (A copy of said document is on file at City Hall.)
David Ward, representing Marie Roughan at Peppertree Drive, explained why the applicant for agenda item 11 (pertaining to Zone Variance 99-01 and Tentative Parcel Map 25513) requests the March 2000 continuation date. He reported that the property is in escrow and is expected to close in late January. If escrow is successful, the appeal will no longer be needed and will be withdrawn.
City Attorney Colantuono responded that the City Council during an earlier discussion had set a date to continue this matter to the regular November City Council meeting. He pointed out, however, that during a brief recess Mr. Ward said the buyers want a single, legal lot and the escrow instructions require Ms. Roughan to withdraw the lot-split application and leave the property as one parcel.
Mr. Ward confirmed that he had clarified the state of title to the buyers. Additionally, the escrow instructions state that the seller agrees to cancel the lot split once the buyer has removed the inspection and certified contingencies in connection with close of escrow.
A motion was introduced by Councilmember Engelhardt to reconsider the continuance of this item.
Councilmembers Daniel and Klein indicated that they would not be willing to reconsider the continuance at this evening's meeting. The motion died for a lack of a second.
City Attorney Colantuono informed Mr. Ward that this matter would be on the November City Council agenda, and at that time the Council will consider the request to continue further.
As no one further wished to testify, the public hearing was closed.
APPROVAL OF WARRANTS
The September 1999 warrants in the amount of $488,902.49 were approved unanimously as presented.
TREASURER'S REPORT FOR SEPTEMBER 1999
The Treasurer's report consisted of:
Monthly Highlights
Schedule of LAIF Investments
Cash and Investments
Fund Activity Report
District No. 1 Summary
Dai-Ichi-Kangyo Bank Report
Budget Reports
Discussion ensued regarding the City's reimbursement of large planning items.
City Manager Doolittle agreed he would have the Administrative Accountant include status-of-account updates with the monthly Financial Reports pertaining to large-sized planning projects.
There being no objection, the Treasurer's report was deemed received and filed.
STANDARD MOTIONS
9. APPROVAL OF MINUTES: Minutes of a Regular City Council Meeting of July 8, 1999
Page 12 was corrected to reflect that Councilmember Engelhardt voted no on the cable contract matter. The minutes of July 8, 1999 were approved unanimously as amended.
PUBLIC HEARINGS
10. AN APPEAL OF A DECISION BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO STANDARDS MODIFICATION 99-04 GRANTING A VIEW PRESERVATION FOR LOT NO. 9 AT 511 DOROTHEA ROAD
Prior to the opening of public comments, City Attorney Colantuono reported that the applicant had requested and the two appellants concurred to a one-month continuance; therefore, this item is continued to the November 11, 1999 City Council meeting.
AN APPEAL OF A DECISION FOR DENIAL BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO A PARCEL SPLIT FOR TENTATIVE TRACT MAP 25513
Prior to the opening of public comments, City Attorney Colantuono reported that the applicant had requested a lengthy extension pertaining to this lot split matter. The City Council acted earlier this evening to extend this matter for one month in order to allow staff to review certain issues. Therefore, this item was continued to the November 11, 1999 City Council meeting.
CONSENT CALENDAR
It was recommended that items 12a through 12i be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
At the request of the Mayor, item 12c was pulled and rescheduled for the November City Council meeting. Councilmember Klein requested that item 12f be pulled for separate discussion, and Councilmember Engelhardt indicated a question regarding item 12h.
12a. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS PROHIBITING VEHICLES EXCEEDING THREE TONS GROSS VEHICLE WEIGHT ON STREETS WITHIN THE CITY, AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE ACCORDINGLY AND REPEALING URGENCY ORDINANCE NO. 228-U
RECOMMENDATION: WAIVE FULL READING AND ADOPT ORDINANCE NO. 228
12b. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS REPEALING ORDINANCE NO. 28 AND ORDINANCE NO. 211 REGARDING CABLE COMMUNICATIONS FRANCHISES
RECOMMENDATION: WAIVE FULL READING AND INTRODUCE
12d. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AMENDING THE FINE SCHEDULE FOR OVERWEIGHT MOTOR VEHICLES
An Ordinance raising the fines for violation of truck weight restrictions.
RECOMMENDATION: WAIVE FULL READING AND INTRODUCE
12e. AWARD OF CONTRACT FOR THE HACIENDA BOULEVARD STORM DRAIN AND THE PARK SEWER PROJECT
Report on review of bid opening for the Hacienda Boulevard Storm Drain and the Park Sewer Project within the City of La Habra Heights and consideration of award of contract.
RECOMMENDATION: AWARD CONTRACT
12g. AGREEMENT FOR EXCHANGE OF FEDERAL HIGHWAY GAS TAX FUNDS WITH L. A. COUNTY FOR THE EAST ROAD SIGNAL PROJECT
Consideration of an Agreement providing for an exchange of Federal Highway Gas Tax Funds with the County of Los Angeles to install a traffic signal at East Road (at The Park on Hacienda Boulevard).
RECOMMENDATION: APPROVE AGREEMENT
12h. THE LA HABRA HEIGHTS FIRE DEPARTMENT DRIVERS LICENSE STANDARDS POLICY
Consideration to update the Fire Department's current Licensed Driver Standards to incorporate new laws and insurance standards.
RECOMMENDATION: ADOPT NEW POLICY
Councilmember Engelhardt conveyed her surprise regarding the insurance company's relaxed standards for fire personnel to drive fire engines.
Discussion ensued regarding this matter. Fire Chief Nelson said that the La Habra Heights Fire Department raised the standards due to concerns regarding insurance regulations. City Attorney Colantuono indicated that the California Class B driver's permit to drive a fire engine would be a higher threshold of standards as compared to the Class C driver's permit.
12i. FIRE DEPARTMENT TRAINING ACADEMY SURPLUS SAFETY EQUIPMENT
Consideration of approving an Agreement with the City of Anaheim for the City of La Habra Heights to receive surplus safety equipment for training Fire Department Academy Cadets.
RECOMMENDATION: APPROVE AGREEMENT
A motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to approve staff's recommendations for consent calendar items 12a, 12b, 12d, 12e, 12g, 12h, and 12i. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
CONSENT CALENDAR (continued)
12c. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING A SCHEDULE OF EMPLOYEE SALARY RANGES AND STEPS AND A TABLE OF AUTHORIZED POSITIONS
(Continued from the September 9, 1999 City Council meeting.)
RECOMMENDATION: ADOPT RESOLUTION
There being no objection, this item was continued to the November 11, 1999 City Council agenda.
12f. AWARD OF CONTRACT FOR THE PARK PROJECT ñ MECHANICAL LIFT
(Continued from the May 13, 1999 City Council meeting.)
Report on continued evaluation of bid and contract negotiations pertaining to the mechanical lift at the staging area for the refurbished Gymnasium Building and consideration of award of contract.
RECOMMENDATION: AWARD CONTRACT
City Manager Doolittle reported that the award of contract for the mechanical lift had now gone out to bid twice. As staff had been directed, specs were generalized and the words ìor equalî included. Due to the low bid response, staff checked with several manufacturers to verify equipment cost. It was also noted that one of the two bids received was for equipment only, however, no bids were received for installation only.
Councilmember Daniel provided a brief overview of the project noting a $7,500 charge for installation. He explained that the mechanical lift is to be built into an area by the small room at the stage-left staircase. The reconstruction to accommodate the installation entails taking out a portion of the room, a section of wall, and a portion of a step. When the lift has been anchored, wall(s), floor(s), and stair areas need to be reconstructed to provide enclosure for the mechanical lift. He opined that the cost seemed appropriate in light of the expertise and extensive labor involved.
A motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to approve staff's recommendation for item 12f and award said contract to USS Cal Builders.
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
OLD BUSINESS
None
NEW BUSINESS
13. REPORT ON THE STATUS OF THE STATE MANDATED WASTE DIVERSION PROGRAM
City Manager Doolittle presented a staff report stating that all cities in the State of California are required by the year 2000 to divert fifty percent of its waste which would ordinarily have gone to the landfill. Within the last few years, La Habra Heights had diverted up to 34 percent of its waste product. However, the percentage went down slightly during the past year and also because certain efforts were not made, the State Integrated Waste Management board found La Habra Heights not to be in compliance.
The City was placed under an order by the State Board which mandates a series of steps to meet the required goal. It is believed that this community may reach the fifty percent reduction with the diversion of green waste in addition to the current on-going diversion. The curbside-recycling plan was eliminated from the State Board's proposed plan since the additional handwork for curbside recycling would be very expensive to the City's residents.
The Board extended the City's compliance deadline to August 1, 2000 to achieve the operational goal which City Manager Doolittle believes to be attainable. In conclusion he reported on the various aspects of the State's plan for the community.
David Maislen, Flowerfield Lane, spoke of a grant-assistance program implemented in the City of La Habra for composting. He believes that if more residents were to compost their green waste, the City would exceed the fifty percent reduction requirement.
City Attorney Colantuono was asked to provide his professional opinion on the City's approval of the program. The City Attorney stated that once both the City and the State Board approves of the proposed working plan, the City is committed and obligated to perform. If circumstances beyond control cause the City to be late in meeting the deadline, the City Attorney felt that the Board would work with the City. If, however, the City ignores the plan and does not make a good-faith effort, the City may be fined accordingly.
City Manager Doolittle added that quarterly reporting is required and the State would know before the deadline if the City is not taking this matter seriously.
A motion was offered by Councilmember Daniel which was seconded by Councilmember Engelhardt to approve the State Integrated Waste Management Board's proposed plan for the City of La Habra Heights in meeting the fifty percent waste-diversion mandate. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
14. LA HABRA HEIGHTS ROADS COMMITTEE
In consideration of augmenting the City's Volunteer Roads Committee, Mayor Spothelfer offered a motion to nominate Marsha Coolidge and Les Williams to serve on the La Habra Heights Roads Committee.
Roads Committee Chairperson John Smith gave a brief history of the Roads Committee. He said that although the Citywide Roads Repair project is near completion, the Committee could continue to serve with implementing the Citywide Roads Maintenance project and that, yes, he would continue to serve on the Committee as Chairperson. Since Marsha Coolidge has experience in road contracting and Les Williams has experience in road maintenance, he indicated agreement with adding the two applicants to the Committee.
Councilmember Klein indicated that the Committee should have more members. The motion died due for a lack of a second.
Discussion ensued regarding how many people should be added to the Roads Committee. Councilmember Klein thought that all applicants who had applied should be accepted. Chairperson Smith indicated that he would prefer residents with professional experience (especially in the field of roads construction) and members with a ìworking teamî attitude.
Councilmember Klein said that he felt residents could and would put their differences aside in the effort to carry out the project. A motion was offered by Councilmember Klein to nominate all residents who had applied to serve on the La Habra Heights Roads Committee.
The motion died for a lack of a second.
Jill Kowalik, El Cajonita Drive, indicated her belief that certain Councilmembers do not wish to nominate all the applicants to the Roads Committee because some of the applicants had previously voiced disagreement with the handling of the roads construction project. She said
that although there had been criticism, this should not stop residents from serving on the Committee who are also concerned that the roads project be carried out for the benefit of the community.
A motion was offered by Councilmember Daniel which was seconded by Mayor Spothelfer to nominate Marsha Coolidge, Les Williams, and Arlene Mosley to the La Habra Heights Roads Committee. The motion resulted in a tie vote as follows:
AYES: Daniel and Spothelfer
NOES: Engelhardt and Klein
ABSENT: Powers
Councilmember Engelhardt suggested that in order to keep a balance of community opinion and still maintain order in the running of the Committee's business, one of the ìoutspokenî persons be allowed to serve on the Committee along with the other nominees. A motion was offered by Councilmember Engelhardt to nominate Marsha Coolidge, Les Williams, Arlene Mosley, and Allen Boege to serve on the La Habra Heights Roads Committee.
The motion died due to a lack of second.
It was noted that the Council seemed hopelessly deadlocked and the suggestion was made to move on. Councilmember Engelhardt said that she wants the City to have a Roads Committee and rather than ìmoving on,î she indicated a willingness to change her vote.
A motion was offered by Councilmember Engelhardt which was seconded by Councilmember Daniel to nominate Marsha Coolidge, Les Williams, Arlene Mosley, and (at the suggestion of Councilmember Daniel) Jose Perez to serve on the La Habra Heights Roads Committee and for John Smith to serve as Chairperson. The motion was approved as follows:
AYES: Daniel, Engelhardt and Spothelfer
NOES: Klein
ABSENT: Powers
MISCELLANEOUS COMMUNICATIONS
15. CONTINUATION OF LOCAL EMERGENCY AS A RESULT OF STORMS COMMENCING ON FEBRUARY 9, 1998, AND OCCURRING IN THE CITY OF LA HABRA HEIGHTS AS PROCLAIMED ON MARCH 12, 1998
Mayor Spothelfer provided the above-noted announcement regarding a continuation of local emergency. No further City Council action was required and none was taken.
ADMINISTRATIVE REPORTS
16. CITY MANAGER'S REPORT
None
17. CITY ENGINEER'S REPORT
Roads Schedule for Phase III of the Citywide Roadway Project
City Engineer Milano provided a staff report regarding the Citywide Roadway Project Phase III. Analysis was made between last year's project and the current project and methods of operation used by each contractor. The City Engineer continued by projecting road work anticipated during the upcoming weeks.
Following discussion of the project, the City Engineer was directed to check on road signage at Solejar Drive, Dorothea Road, and Avocado Crest.
Status of the East Road Traffic Signal
City Engineer reported that staff has been studying the intersection of Hacienda Boulevard and East Road on an ongoing basis. He continued that most of the accidents that occurred at that location were while approaching the intersection; he suggested a warning device to let drivers know that a traffic control device is up ahead. The slope was cut back on Hacienda Boulevard curve near The Park to assist with site distance. People jutting out dangerously into the intersection sometimes caused others to have an accident; the City Engineer feels a traffic signal would be helpful.
Regarding previously-made suggestions for traffic control devices, it was noted that speed humps are not justified for a major collector street with a speed limit of 35+ miles per hour. A three-way stop sign is also not recommended for a roadway with a daily count of 20,000 to 25,000 cars. Stopping 20,000+ cars traveling on Hacienda Boulevard for the benefit of the 2,000 cars traveling on East Road, the City Engineer feels is unreasonable. He concluded that with the concurrence of the City Council, staff will proceed with the traffic signal and bids for proposal.
A motion was offered by Councilmember Klein which was seconded by Councilmember Daniel to proceed with the traffic signal. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein and Spothelfer
NOES: None
ABSENT: Powers
18. CITY ATTORNEY'S REPORT
The City Attorney reported that the Fire Chief requested that the City Council add to this evening's agenda an item authorizing the Chief to enter into a lease agreement with the Habitat Conservation Authority for a temporary dollar-a-year lease of the Diaz Ranch house to provide storage and office space for the City's Fire Department.
A motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to add this item to this evening's agenda. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein and Spothelfer
NOES: None
ABSENT: Powers
A motion was offered by Councilmember Klein which was seconded by Councilmember Daniel authorizing staff to enter into a contract and to include the contract on the November City Council agenda for ratification. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein and Spothelfer
NOES: None
ABSENT: Powers
Crimson Resource Management status
City Attorney Colantuono indicated that this matter was discussed earlier and due to the lateness of the hour, he had nothing further to add.
19. FIRE CHIEF'S REPORT
Fire Department Monthly Operational Status Report
Fire Chief Nelson gave the Fire Department monthly operational status report and apprised the City Council of additional matters of interest.
L. A. County Weed Abatement Noticing
No report.
CITY COUNCIL MATTERS
20. NOVEMBER COUNCIL MEETING DATE
It was noted that although November 11, 1999 falls on Veteran's Day, this is generally not a holiday for the City. It was the consensus of the City Council to not change the November 11, 1999 regular City Council meeting date.
CITY COUNCIL COMMENTS
In consideration of an L. A. County Animal Control program to cut down on unwanted pets, staff was directed to place the County's donation request on the November City Council agenda to spay all dogs and cats within the County's Animal Control facilities.
Mayor Spothelfer introduced the City's new Planning Director Sheryl Sanderson.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
None
ADJOURNMENT
Mayor Spothelfer adjourned the City Council meeting at 10:15 p.m.
ATTEST:
____________________________
CITY CLERK
Minutes(991014RegCCMinuts)
Minutes of October 14, 1999
Regular City Council Meeting
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
SEPTEMBER 9, 1999
CLOSED SESSION
As noted on the agenda, a closed session meeting was held just prior to the commencement of the regular meeting regarding: 1) conference with real property negotiator pertaining to the La Habra Heights Community Center, and 2) public employee employment--City Manager.
Regarding the real estate negotiations to purchase the Community Center site, the City Council provided direction to the City Attorney with regard to document status and authorized the City Attorney to make an offer to the Lowell Joint School District and Family Resource Ministries. If offers are accepted, the documents will become public records.
Regarding recruitment status for the City Manager position, City Attorney Colantuono indicated that no action was taken during the discussion which would warrant reporting.
The City Council had also adjourned to a site visit at 511 Dorothea Road. (This matter is related to item 8 of this evening's agenda.)
OPENING CEREMONIES
CALL MEETING TO ORDER
A regular meeting of the La Habra Heights City Council was called to order by Mayor Spothelfer at 7:35 p.m., on Thursday, September 9, 1999, at the Community Center, 1245 No. Hacienda Boulevard, La Habra Heights.
ROLL CALL
Councilmembers present were: Daniel, Engelhardt, Klein, Powers, and Spothelfer. Also present were Acting City Manager Korduner, City Attorney Colantuono, Fire Chief Nelson, City Engineer Milano, Sheriff's Deputy Ferris, and Deputy City Clerk Coulter.
FLAG SALUTE AND INVOCATION
At the request of the Mayor, the flag salute was led by was lead by Eagle Scout Brian Spooner and the invocation was presented by Roland Esslinger, Heights Christian Junior High School principal.
ANNOUNCEMENTS
Mayor Pro Tem Powers provided information of community interest and upcoming events.
PRESENTATIONS
Virginia Suveiu, La Habra Heights resident, La Serna High School Honor Student, and a Member of the U. S. Senate Youth Program discussed her recent trip to Romania.
A Presentation of Commendation was given to Brian Spooner, Boy Scout Troop No. 1814 in recognition of achieving the rank of Eagle Scout.
A presentation of Commendation was given to David Fitzpatrick, Boy Scout Troop No. 803 in recognition of completing the project to achieve the rank of Eagle Scout.
Nancy Stinson representing Century Cable discussed the installation of upgrades for the cable system currently underway in the City of La Habra Heights.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Steve Blagden, Citron Road, requested that since the developer for the EPAC/Lynch property is in attendance at this evening's meeting, the Council inquire regarding the planting of the slopes.
Gladys Smith, Hacienda Boulevard, provided several suggestions for conducting the City Council meetings more efficiently.
Bill and Jill Kowalik, El Cajonita Drive, discussed the airing of the film called The Story of La Habra Heights and the positive response they had received. Also, the Kowaliks presented the City with a framed letter authored and signed by Julie Andrews thanking Mr. and Mrs. Kowalik for The Story of La Habra Heights video. Ms. Andrews indicated appreciation for The Sound of Music as the movie's theme song.
FINANCIAL MATTERS
APPROVAL OF WARRANTS
The August 1999 warrants in the amount of $535,943.46 were approved unanimously as presented.
TREASURER'S REPORT FOR JULY 1999
The Treasurer's report consisted of:
Monthly Highlights
Schedule of LAIF Investments
Cash and Investments
Fund Activity Report
District No. 1 Summary
Dai-Ichi-Kangyo Bank Report
Budget Reports
There being no objection, the Treasurer's report was deemed received and filed.
PUBLIC HEARINGS
8. AN APPEAL OF A DECISION BY THE LA HABRA HEIGHTS PLANNING COMMISSION PERTAINING TO STANDARDS MODIFICATION 99-04 GRANTING A VIEW PRESERVATION FOR LOT NO. 9 AT 511 DOROTHEA ROAD
City Attorney Colantuono reported that the City Council had commenced this evenings meeting at 5:00 p.m. with the intention of going into closed session, but considered at that time the two appellants' request for the 6:30 p.m. site visit and this hearing to be continued. It was reported that one applicant's attorney had only recently been retained and the other applicant was unable to attend this evening's meeting. The Council decided not to postpone the site visit, but deferred further consideration for continuing the hearing. The City Attorney advised that before opening the public hearing, the City Council needs to decide whether to grant the request for continuance.
City Engineer Milano reported on EPAC's application in relation to the new Uniform Building Code indicating that EPAC had gone through the plan check process under a previous Uniform Building Code. The new Building Code has a sunset clause regarding the termination of the 1994 Code.
He continued reporting that a concern has arisen regarding the Building Official extending plan checks for tract model homes under the 1994 Building Code. It is believed that a tract development under construction--with completed plan checks--that construction may continue without requiring additional plan checking.
The City Engineer agreed that the tract would be grandfathered until it is completed. It was determined that delaying the project a month would not affect the developer; however, the developer may not cease construction for an extended period of time under the current plan checks.
A motion was offered by Mayor Spothelfer to continue the public hearing for this item to the October 14, 1999 City Council meeting.
Mr. Maroney (representing Swartzbaugh) and Ms. Kemp (representing Metzger) believed that the evening of October 14th would not pose a problem for counsels or their client.
Mayor Pro Tem Powers seconded the motion which was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
The City Clerk was directed to post a notice of continuance for the public hearing item.
9. A RESOLUTION OF THE CITY OF LA HABRA HEIGHTS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT IN ACCORDANCE WITH CG SECTION 65089
City Attorney Colantuono introduced the Resolution as entitled and presented a brief staff report indicating that this is an annual hearing item in the process of continuing the City's proportionate share of road maintenance gas-tax dollars.
Mayor Spothelfer opened the public hearing. As no one wished to speak, the public hearing was closed.
A motion was offered by Councilmember Klein which was seconded by Councilmember Engelhardt to waive further reading and adopt Resolution No. 99-23. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
(Mayor Pro Tem Powers was momentarily called away and was expected to return later during the meeting.)
CONSENT CALENDAR
It was recommended that items 10a through 10c be acted upon simultaneously by one motion of the City Council unless separate discussion and/or action was requested by a Councilmember or a member of the audience.
At the request of Councilmembers Klein and Englehardt, item 10b was removed for additional consideration.
10a. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING AN OPERATING AND CAPITAL BUDGET FOR SAID CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 1999, AND ENDING JUNE 30, 2000, AND APPROPRIATING FUNDS FOR PURPOSES THEREIN SET FORTH
RECOMMENDATION: ADOPT RESOLUTION NO. 99-24
10c. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING CONDITIONAL USE PERMIT NO. 99-03
Consideration of approval of a Resolution to permit the construction of an illuminated 7,020 square foot tennis court at 2225 Valle Drive in the City of La Habra Heights.
RECOMMENDATION: ADOPT RESOLUTION NO. 99-03.
With Councilmember Engelhardt abstaining from voting on item 10c, a motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to approve staff's recommendations for consent calendar items 10a and 10c. The motion was approved as follows:
AYES: Daniel, *Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
* ABSTAIN: Engelhardt ñ pertaining to item 10-c only
CONSENT CALENDAR (Continued)
10b. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ADOPTING A SCHEDULE OF EMPLOYEE SALARY RANGES AND STEPS AND A TABLE OF AUTHORIZED POSITIONS
RECOMMENDATION: ADOPT RESOLUTION
Councilmember Klein reported that the City Council was to review salaries and the benefits structure for City Employees. He requested that the proposed resolution be presented at the October City Council meeting, following Council's consideration of salaries and benefits during closed session labor negotiations.
A motion was offered by Councilmember Klein which was seconded by Councilmember Daniel to continue consideration of the proposed Resolution to the October 14, 1999, City Council meeting. Staff was directed to schedule the appropriate closed session and the motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
OLD BUSINESS
None
NEW BUSINESS
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS AUTHORIZING AND CONSENTING TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS CORP. TO ADELPHIA COMMUNICATIONS CORPORATION
City Attorney Colantuono introduced the Resolution as entitled and presented a brief staff report stating that the City Council had already implied agreement to the transfer of control when the Council approved the Cable Franchise Resolution at a previous Council meeting.
A motion was offered by Councilmember Klein which was seconded by Councilmember Daniel to adopt Resolution No. 99-26 as entitled. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
12. DESIGNATION OF CITY LEGISLATIVE DELEGATES TO LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING
The motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to appoint John Powers as the City's delegate to the League of California Cities' Annual Business Meeting. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, and Spothelfer
NOES: None
ABSENT: Powers
AN ORDINANCE AND URGENCY ORDINANCE PERTAINING TO VEHICLE WEIGHT LIMIT
13a. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS PROHIBITING VEHICLES EXCEEDING THREE TONS UNLADEN VEHICLE WEIGHT ON STREETS WITHIN THE CITY, AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE ACCORDINGLY AND DECLARING THE URGENCY THEREOF
RECOMMENDATION: WAIVE FULL READING AND ADOPT ORDINANCE NO. 228-U
13b. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS PROHIBITING VEHICLES EXCEEDING THREE TONS UNLADEN VEHICLE WEIGHT ON STREETS WITHIN THE CITY, AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE ACCORDINGLY AND REPEALING URGENCY ORDINANCE NO. Ö-U
RECOMMENDATION: WAIVE FULL READING AND INTRODUCE BY TITLE
City Attorney Colantuono presented the staff report stating that the proposed Ordinance(s) would extend the City's current weight limit for Hacienda Boulevard, Harbor Boulevard, and West Road to all the roads in the City. If the Council approves the recommendation noted in items 13a and 13b, the Urgency Ordinance would take effect immediately. The Non-
Urgency Ordinance, which requires two readings, takes effect 30 days after adoption and would then repeal the Urgency Ordinance.
The City Attorney presented an overview of the Ordinance. Following the findings in Section I, he pointed out that Section II replaces the existing 3-ton vehicle weight limit on Hacienda/Harbor Boulevard and West Road with a 3-ton weight limit on all City streets. To assist in the enforcement of the Ordinance, a change is being proposed calling the unladen vehicle weight instead of the current gross weight for the 3-ton limit stipulation.
Section 2(b) discusses exceptions to the 3-ton vehicle weight limit rule. Those of particular interests were, emergency vehicles, school buses, and passenger vehicles. While Section 2 (b)-i through (b)-vi are from the California Vehicle Code, Section 2 (b)-vii is specific to La Habra Heights and not in the Vehicle Code:
(vii) --ìany vehicle the use of which is expressly authorized in connection with any use permitted pursuant to Article IX of this Code, so long as the vehicle is operated in accordance with all conditional use permits or other land use approval, all conditions thereof, and all other applicable laws and regulations.î
At 8:30 p.m. Councilmember Powers arrived and rejoined the City Council.
Councilmember Klein asked if this Ordinance restricts residents driving into the City and parking their 3-ton vehicles at their residence. Following discussion of this matter, it was the consensus of the City Council to add the following language:
(viii) -- ìany vehicle coming from without the City having ingress and egress by direct route to and from a street within the City to an address at which the vehicle is regularly and lawfully stored.î
A motion was offered by Councilmember Daniel which was seconded by Councilmember Klein to: 1) waive further reading and adopt the (amended) Urgency Ordinance No. 228 as entitled in Item 13a; and 2) to waive further reading and introduce the (amended) Non-Urgency Ordinance as entitled in Item 13b. The motion was approved as follows:
AYES: Daniel, Engelhardt, Klein, Powers, and Spothelfer
NOES: None
ABSENT: None
City Attorney Colantuono asked if the City Council were inclined to have a resolution drawn up for the October 14, 1999 agenda increasing bail schedule
on imposed fines to equal current fines being imposed in the nearby community. Following discussion, the Council agreed.
Also, the City Attorney inquired if the Council would be interested in an ordinance for a permit program for large-load deliveries. A delivery person would need to obtain a permit from City Hall and a staff person would designate the safest route for the driver to carry out his deliveries.
Councilmember Klein indicated that he would like to have the matter come back with a staff report for further consideration.
Councilmember Daniel preferred to wait and see how the newly-imposed ordinances works out. He continued that it seems moving and delivery vans occasionally coming into the City have not created a large concern. Additionally he said that it seems communicating the program to delivery/moving van companies would be difficult to achieve, and he feels the program is unenforceable.
MISCELLANEOUS COMMUNICATIONS
14. CONTINUATION OF LOCAL EMERGENCY AS A RESULT OF STORMS COMMENCING ON FEBRUARY 9, 1998, AND OCCURRING IN THE CITY OF LA HABRA HEIGHTS AS PROCLAIMED ON MARCH 12, 1998
Mayor Spothelfer provided the above-noted announcement regarding continuation of local emergency. No further City Council action was required and none was taken.
ADMINISTRATIVE REPORTS
15. CITY MANAGER'S REPORT
Acting City Manager Korduner gave an update report regarding the Assistance Plan from the California Integrated Waste Management Board.
16. FIRE CHIEF'S REPORT
Fire Department Monthly Operational Status report
Fire Chief Nelson gave the Fire Department monthly operational status report and apprised the City Council of additional matters of interest.
The City Council requested that Fire personnel be recognized at the October 14, 1999, Council meeting who had recently responded to a request by the Forest Service for assistance with fire fighting operations.
CITY ATTORNEY'S REPORT
Crimson Oil Company
City Attorney Colantuono reported that Crimson has paid its business license tax. Additionally, the Company has agreed to the City's preference for performance bond and is working to obtain the requested issuance.
Regarding the trucking issue (discussed earlier this evening), the Sheriff's Department had recommended a signage program to warn motorists regarding truck traffic beyond or around a blind curve. Signs are being fabricated and Crimson has agreed in principle to pay for the signs.
The Contract Planner Laura Stetson will review zoning exception cases regarding landscaping, paint colors, and hours of operation. She will compile all conditions that are in effect; inspect and identify conditions, and work with Crimson to achieve compliance where needed. A scoping session will be held on September 22, 1999, at 7:30 p.m. Ms. Stetson will take public input on issues and concerns pertaining to Crimson's operations.
Regarding truck size, he said that if the City prohibits the use of 18-wheeler trucks, smaller trucks will increase the number of trips. The City Attorney indicated his understanding that the 18-wheeler trucks will be allowed with the appropriate truck-warning signs in place and that hours of operation will be restricted for 8:00 a.m. to 6:00 p.m., Monday through Friday. When there exist a three-day weekend, trucking will need to occur once during the long weekend.
Councilmember Daniel inquired regarding Crimson obtaining a bond to protect the City's roads.
City Attorney Colantuono responded that Crimson had indicated a willingness to provide any bonds legally required; however, said bonds are not required until the Conditional Use Permit (CUP) is adopted. To protect the City's position, the City Engineer bench-marked the roads (via videotape) to document existing conditions. If road deterioration is traceable to Crimson's operation, the matter will be handled via the bond or (if the CUP is not approved) the City may file suit for damage to public property. It was the City Attorney's opinion that all has been accomplished within the City's legal power to do.
Councimember Powers asked the City Attorney to research if the City may curtail Crimson's volume of operations to that which the City finds acceptable until the Company's pipeline system is back on line. Additionally, he indicated that while Crimson is the managing company, Crimson is not the company in contract with Torch for purchase and operations. He requested arrangement
disclosure pertaining to entities involved so that the City enters into agreements with authorized persons and deals with parties who have financial responsibility.
City Attorney Colantuono discussed Crimson's plans, and general discussion then ensued regarding various options pertaining to the oil pipeline installation.
Regarding the size of trucks permitted for Crimson's oil trucking operation, Councilmember Klein suggested consulting with a Traffic Engineer, the Sheriff's Department, and the Contract Planner as to their recommendation pertaining to issues of safety and report back to the City Council.
City Attorney Colantuono responded in the affirmative and said that such evidence will also be submitted in the CUP application process for Crimson to conduct specific trucking activities for oil extraction purposes within the City.
CITY COUNCIL COMMENTS
In reference to conditions requiring EPAC to landscape, it was noted that there was no written requirement to irrigate. The City Engineer believes the developer is waiting for the rainy fall season before planting and/or hydro-seeding hillside properties.
Councilmember Klein said that although irrigation may not have been stipulated in the original 10-year-old conditions, he does not believe this would allow the developer to delay the landscape project and that irrigation would still be an implied requirement.
The City Council agreed with the City Attorney's suggestion that the landscape plan for the EPAC tract may need to be revisited and the developer to submit a new landscape plan for the entire tract before the Planning Commission. It was noted that such discussions were already underway with EPAC and staff will continue to follow-up.
Councilmember Daniel requested that an approach as to the Waste Management program be on the October 14, 1999, City Council agenda. He suggested the report include an overview plan pertaining to series of steps involved.
Mayor Pro Tem Powers noted a letter received from the Waste Management board in Sacramento notifying the City that the board will send a designed plan for La Habra Heights in early September; signature of approval was requested to be returned by the end of September. Staff was directed to request that approval and return of the plan be delayed to the end of October following Council's consideration of this matter.
Councilmember Daniel requested a review regarding the City's traffic signal and Phase III road schedule and to put this item on the October 14, 1999 Council agenda.
Councilmember Engelhardt requested that the expansion of the City Roads Committee be on the October 14, 1999 Council agenda. She noted that previously the City Council appointed Committee Members from applicants who had applied without having been interviewed.
Discussion ensued regarding the County's weed abatement operations. Councilmember Engelhard, Fire Chief Nelson, and the County Agricultural Commissioner John Kincaid will meet to discuss concerns as to notifying owners when weed-clearance work is to be done. It was requested that this item be placed on the October 14, 1999 Council agenda.
Mayor Spothelfer reported on the opening of the Heights Christian School noting that all went well. The Mayor welcomed the School to the community.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Mr. Blagdon spoke on issues which he felt should be regarded with fairness concerning City finances.
Mr. Higgs, expressed his belief that in light of Crimson's recent hardship, the City could be more compassionate as the Company continues to work out its pipeline problems.
ADJOURNMENT
Mayor Spothelfer adjourned the City Council meeting at 9:55 p.m. in memory of Nancy Doolittle, the beloved wife City Manager Doolittle. It was noted that Mrs. Doolittle passed away in mid-August and she will be missed very much.
ATTEST:
____________________________
CITY CLERK
Minuts(990909RegCCMtg.Doc)
Minutes of September 9, 1999
Regular City Council Meeting