CITY OF LA HABRA HEIGHTS MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL AUGUST 8, 2002

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1 CITY OF LA HABRA HEIGHTS MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL AUGUST 8, 2002 CLOSED SESSION It was the opinion of the City Council (based on the advice of its legal counsel) that facts and circumstances exist that exposes the City to litigation. The meeting was adjourned to a closed session at 6:32 p.m. to discuss property negotiations, anticipated litigation, and liability claims. All members of the City Council were present. Also present were City Manager Hendrickson and City Attorney Colantuono. The meeting was reconvened in open session at 7:36 p.m. City Attorney Colantuono announced that the City Council took no action which requires reporting at this time. OPENING CEREMONIES 1. CALL MEETING TO ORDER A regular meeting of the La Habra Heights City Council was called to order by Mayor Millsap at 7:45 p.m. on Thursday, August 8, 2002, at the Community Center, 1245 North Hacienda Road, La Habra Heights. 2. ROLL CALL Councilmembers present were: Borrowe, Carroll, Engelhardt, Klein and Millsap. Also present were City Manager Hendrickson, City Attorney Colantuono, Planning Director Brady, Acting Fire Chief Nielsen, Senior Management Analyst Orchanian, Deputy City Clerk Coulter, and Sheriff's Department Captain Binkley and Lieutenant Ault. 3. FLAG SALUTE Mayor Millsap led the salute to the Flag. 4. PRESENTATION A Commendation was presented to Victor Z. Wilson, Boy Scout Troop 985, in recognition of his earning the rank of Eagle Scout. A Commendation was presented to Shelley Andros, VOP Sheriff's Academy Graduate. Ms. Andros spoke on the operations and functions of the Equestrian VOPs.

2 Emergency Preparedness Coordinator Kathy Sauble spoke regarding the Fire Department's upcoming First Aid and CPR class. PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA David Wilkin, Dorothea Road, spoke regarding agenda item 14 asking the Council not to raise the City's fire tax without first having a plan for the City's future Fire Department. Barry Burris, Mondo Drive, commented that the community should not be content to provide mediocre living conditions for the City's Fire Department. Sherri Bray, Reposado Drive, spoke regarding agenda item 12 pertaining to the AERA development project. She indicated that the language in the resolution needs to be more assertive in expressing the City's position. Steve Blagden, Citron Road, encouraged the City Council to vote in support of the Canyon Flies research study. Nina Guerini, Le Flore, spoke regarding an incident that occurred on her property to which the Sheriff's Department responded. She disagreed as to the Sheriff's handling of the situation. She felt that her rights were violated and information was withheld from her. Ms. Guerini appealed to the City Council to work with her, and opined that together a satisfactory conclusion of mutual benefit could be obtained. FINANCIAL MATTERS 5. APPROVAL OF WARRANTS The July warrants in the amount of $335, were approved unanimously. 6. TREASURER S REPORT FOR JUNE, 2002 The monthly Financial Report consisted of: Schedule of Cash & Investments Schedule of LAIF Investments Cash with Fiscal Accounts - Bank of New York RKA Civil Engineers Law Firm of City Attorney Major Planning Projects Fund Activity Report Budget Reports Backup Attachments With no objections, the Treasurer's Report was deemed received and filed. Page 2

3 STANDARD MOTIONS 7. APPROVAL OF MINUTES: Minutes of a Special Joint City Council and Roads Committee Meeting of September 6, 2001, and a Special Joint City Council and Roads Committee Meeting of September 13, 2001 were unanimously approved. Minutes of a of June 13, 2002, and a Special City Council Meeting of June 13, 2002 were pulled for further correction. CONSENT CALENDAR 8. It was recommended that items 8a through 8b 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. 8a. HEIGHTS CHRISTIAN SCHOOL PROJECT Status report for the Heights Christian School. Recommendation: Receive and File 8b. CLAIM FOR DAMAGES - IVO AND ANDREA TJAN Consideration of a claim against the City pertaining to vehicular damage that resulted from a fallen tree branch. Recommendation: Deny Claim A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to approve staff's recommendations for consent calendar items 8a and 8b. The motion was approved by the following vote: PUBLIC HEARINGS 9. CONFIRMATION AND ACCEPTANCE OF LOS ANGELES COUNTY WEED ABATEMENT CHARGES Deputy City Clerk Coulter acknowledged that the notice regarding this item had been posted. Page 3

4 City Manager Hendrickson presented the staff report and recommended that the Council conduct a public hearing, confirm the L. A. County weed clearance charges; and order the County Auditor to enter the assessments against the respective parcels. Mayor Millsap opened the public hearing. As no one wished to speak, the public hearing was closed. Discussion ensued regarding notification to L. A. County Weed Abatement regarding the City taking over weed abatement services for unimproved parcels. Interim Fire Chief Nielsen noted that the County's services have improved during the last year; he asked to look into the matter further before terminating the County contract. The Council agreed and staff was directed to agendize this matter for the next Council agenda. A motion was offered by Councilmember Engelhardt, which was seconded by Councilmember Carroll to confirm and accept the County's weed abatement charges. The motion was approved as follows: OLD BUSINESS 10. ZONING CODE AMENDMENT GRADING STANDARDS REPORT Planning Director Sanderson presented the staff report regarding last month's agenda item pertaining to application review for multiple-lot development projects. She reported having communicated with the cities of: Palos Verdes Estates, Sierra Madre, and San Marino. The Planning Director explained each city's policy for grading development and applicable standards for single-lot development and multiple-lot development. The City Attorney provided an overview of the City's multiple lot grading ordinance. Suggestions were made to improve current practices as described in the memorandum with this evening's staff report. Agreement was voiced with the City Attorney's observation that typically after the adoption of a general plan, follows a review of ordinances and a work program to implement the general plan. The Council may choose to finish the General Plan and then turn to adjusting the ordinances thereafter. Councilmember Carroll offered a motion to receive and file the report. Page 4

5 Councilmember Engelhardt pointed out that staff should be alerted when a project involves two lots. Perhaps, she said, such matters could be brought to the attention of either the Planning Commission or the City Manager. The City Attorney suggested that when the City receives the initial set of entitlements, it can then be discerned if the grading would require a multiple lot approval. Regarding Councilmember Engelhardt's concerns, Planning Director Brady said that she has been working closely with the new City Manager. She informs him of every project and discusses any potentially problems. The motion to receive and file was seconded by Councilmember Engelhardt and approved as follows: Discussion ensued regarding reducing the 1,000 cubic-yards threshold for discretionary approval to import and/or export dirt. The City Engineer was asked to forward his recommendation for an appropriate grading threshold based on his review of other cities. A motion was offered by Councilmember Klein, which was seconded by Councilmember Engelhardt to direct the City Engineer and the City Attorney to present an ordinance for the Planning Commission's review reducing the current 1,000 cubic-yard standard for the requirement of a Conditional Use Permit to import or export dirt. The motion was approved by the following vote: 11. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING SECTION 8511 OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO APPLICATION REVIEW FOR MULTIPLE LOT DEVELOPMENT PROJECTS In light of all that had been said under item 10, Councilmember Carroll offered a motion to either continue this item or re-calendar for a later date. City Attorney Colantuono presented the staff report stating that the Ordinance before the Council last month "plugged the loophole" and tightened the findings to reduce the administrative burden. Reducing the 11 repetitive findings to 3 focused findings, he said, is not a substantive change in the grading standards, rather considered code maintenance. Page 5

6 Councilmember Carroll renewed his earlier motion. He added that it seems more logical to do the proposed changes after the revised General Plan has been adopted. The motion was seconded by Councilmember Engelhardt to continue this item, and approved as follows: 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA REGARDING THE PROPOSED DEVELOPMENT BY AERA ENERGY, INC.; AND REQUESTING AERA AND THE COUNTY OF LOS ANGELES CONSIDER, AS ONE OF THE OPTIONS TO THE DEVELOPMENT OF THE PROPOSED PROJECT, THE CONVEYANCE OF THE PROPERTY TO A PUBLIC OR PRIVATE HABITAT CONSERVATION AGENCY, AS WELL AS MITIGATING THE OTHER POTENTIAL IMPACTS OF THE PROJECT City Manager Hendrickson presented the staff report regarding a Resolution concerning AERA's proposed development project. Said Resolution asks the County of Los Angeles to consider the option for conveyance of the AERA project site to a public or private habitat conservation agency. Regarding the developer attending a Council meeting, the City Manager said that AERA was unable to come this evening. He further indicated the developer's reluctance to discuss the merits of the project at a public Council meeting. Several audience members addressed this item. All agreed with the adoption of a Resolution which is to be delivered to the L. A. County Board of Supervisors. Some residents, however, voiced suggestions to amend certain aspects of the Resolution. Those who spoke are as follows: Don Chilson - Hacienda Road, Anne Coté - Dorothea Road, Jill Kowalik - El Cajonita Drive, Bill McDermott - Via Ladera, John Erickson - Cloister Drive, Carolyn Stark - Las Palomas Drive, and William Welcher - Popenoe Road. Lynne and Richard Zinsley, Kanola Road, had submitted written support for Resolution approval. A motion was offered by Councilmember Klein which was seconded by Councilmember Engelhardt to adopt Resolution No with the following amendment, "to encourage in any way feasible to the eventual sale" in lieu of "to include among the range of feasible alternatives to the project and alternative pursuant to which the applicant might convey.". The motion was approved as follows: NEW BUSINESS Page 6

7 13. AT&T LEASE AGREEMENT AND PROPOSAL OF AN UNMANNED TELECOMMUNICATION ANTENNA AT THE PARK City Manager Hendrickson presented a brief staff report stating that more time is needed for negotiations. As based on discussion in closed session, he recommended that the City Council continue this item. A motion was offered by Councilmember Carroll, which was seconded by Councilmember Klein to continue this item to the next City Council meeting. The motion was approved as follows: 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS SETTING THE CITY'S SPECIAL FIRE PREVENTION AND PROTECTION SERVICES TAX LEVY FOR FISCAL YEAR AND AMENDING RESOLUTION NO Mayor Millsap introduced the Resolution as entitled above. City Manager Hendrickson spoke on the necessity to act on this matter tonight to get the assessment charges on the County's current tax roll. NBS (the agency who certifies and forwards the listing of assessments charges to the County) requested amendment--via adoption of a new Resolution--to correct page 2, section C, under "Commercial-Industrial"; the amount $1, should read $1, Tom Higgs, El Cajonita Drive, spoke on why the tax increase should not be approved at this time. Norman Zezula, El Cajonita Drive, encouraged the building of a new fire station as soon as possible because waiting may cost more in the long run. Discussion amongst the Council followed regarding the amount of the fire tax; in addition to whether or not to implement an increased tax prior to having an adopted plan for a future permanent fire station. A motion was offered by Councilmember Klein, which was seconded by Councilmember Engelhardt to adopt Resolution No amending the previously adopted Resolution (No ) and correct the noted clerical error. The motion was approved as follows: Engelhardt, Klein, and Millsap Borrowe and Carroll Page 7

8 (The 5% fire tax increase approved last month remains.) The City Council requested that the matter of forming a Fire Department Building Subcommittee be agendized for the September 12, 2002 Council meeting. 15. 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, 2002, AND ENDING JUNE 30, 2003, AND APPROPRIATING FUNDS FOR PURPOSES THEREIN SET FORTH City Manager Hendrickson presented an overview of the proposed FY City Budget. It was reported that revenues are anticipated at $4, and expenditures at $4,031,852. Approximately 46% of revenues are General Fund, 39% for Special Funds, and 15% for Assessments. General Fund reserves are anticipated at $1,804,608 and the overall fund balance at $5,091,779. Administrative Accountant Vernon described the structural changes made this fiscal year. Following the presentation of the budget, Councilmember Engelhardt noted the following areas of concern: 1) employee's wage increase, 2) the Canyon Fly project, and 3) City Hall facility improvements. Regarding the suggested employee's wage increase, staff was directed to provide further information regarding job descriptions and salary goals. A motion was offered by Councilmember Carroll, which was seconded by Mayor Millsap to budget the 5% (3% COLA and 2% merit) salary increase, but only authorize the 3% COLA - Cost Of Living Appropriation - at this time. The motion failed by the following vote: Carroll and Millsap Borrowe, Engelhardt, and Klein, A motion was offered by Councilmember Klein, which was seconded by Councilmember Carroll to budget the 5% salary increase, but delay spending until Council approves the expenditure. The motion was approved by the following vote: Page 8

9 The City Manager was directed to provide a salary information report and consideration of the 3% COLA expenditure at the September 12, 2002 Council meeting. Mayor Pro Tem Borrowe and Councilmember Engelhardt stated that matters pertaining to the Canyon Fly project and City Hall remodel are not entitlements and should come before the Council prior to spending any funds. Mayor Millsap noted that the Sheriff's Department CLEEP Funds Equipment Expenditures list needs to be reviewed and prioritized for Council's approval. A motion was offered by Mayor Pro Tem Borrowe, which was seconded by Councilmember Carroll to approve Resolution to adopt the Citiy's Annual Fiscal Year Operating Budget. The motion was approved by the following vote. 16. AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE REGARDING DEVELOPMENT AND REDEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS, AMENDING THE LA HABRA HEIGHTS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF and AN ORDINANCE OF THE CITY OF LA HABRA HEIGHTS REPEALING ORDINANCE NO. 239 IN ITS ENTIRETY AND AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE REGARDING DEVELOPMENT AND REDEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS AND AMENDING CHAPTER 3 OF ARTICLE V THE LA HABRA HEIGHTS MUNICIPAL CODE Mayor Millsap read the two proposed Ordinances entitled as noted. City Attorney Colantuono presented the staff report stating that new mandates are being imposed to change the quality of water that reaches the ocean. The City needs to comply with permit requirements because La Habra Heights owns a portion of a storm water system. It is anticipated that updated changes will continue. Several appeals challenging the regional board's mandate are currently pending at the State Water Resources Control board. Meanwhile, this evening's obligatory approval of the Ordinance imposes regulations for land use approvals that may regulate storm water flows into significant ecological areas. He concluded that the new regulations would only apply to a few properties in the Heights. Page 9

10 A motion was offered by Councilmember Klein, which was seconded by Councilmember Engelhardt to waive further reading and adopt Ordinance 245-U, and waive further reading and introduce the regular Ordinance by title only. The motion was approved with a by the following vote: ADMINISTRATIVE REPORTS 17. CITY MANAGER S REPORT It was reported that GPAC plans to make its final presentation of the draft General Plan on August 20, 2002; circulation of the document will be during the month of September; the public hearing process will start October 29, At the November 7, 2002 Planning Commission meeting, a recommendation to the City Council will be determined. The City Council's public hearing will be in early December CITY ATTORNEY S REPORT 19. CITY ENGINEER S REPORT 20. FIRE CHIEF S REPORT 21. SHERIFF'S DEPARTMENT REPORT Lieutenant Ault provided an address that had been set up for La Habra Heights residents: idtlhhinfo2@lasd.org 22. COMMISSION/COMMITTEE REPORTS CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA CITY COUNCIL COMMENTS Councilmember Klein said that he would like to meet in closed session with the City Manager, the City Attorney, and remaining Council to give direction to the City Manager on personnel issues pertaining to the budget. A motion was posed by Councilmember Klein, which was seconded by Councilmember Engelhardt to add an item to the agenda on the basis that Council Page 10

11 needs to act promptly on a matter that became apparent after the posting of agenda. Conference with Labor Negotiator G.C City Negotiator - City Attorney Colantuono Unrepresented Employees - La Habra Heights City Staff The motion was approved by the following vote: Adjourn and Reconvene Mayor Millsap adjourned the City Council meeting to a closed session at 11:58 p.m. With all members of the City Council present, the meeting was reconvened in open session at 12:14 a.m. It was noted that no actions were taken which would require reporting at this time. ADJOURNMENT ATTEST: Mayor Millsap adjourned the City Council meeting at 12:15 a.m. City Clerk Hendrickson Page 11