CITY OF LA HABRA HEIGHTS

CITY OF LA HABRA HEIGHTS MINUTES OF A SPECIAL MEETING OF THE LA HABRA HEIGHTS OPENING CEREMONIES 1. CALL MEETING TO ORDER CITY COUNCIL Mayor Stan Carroll called the Special Meeting of the La Habra Heights City Council to order at 8:10 p. m. at the Community Center, 1245 N. Hacienda Road, La Habra Heights, California. 2. ROLL CALL Those present: Mayor Stan Carroll, Mayor Pro Tem Ed Borrowe, Councilmember Bruce Douglas, Councilmember Fred Klein and Councilmember Tela Millsap. Also present City Manager John Hendrickson, Interim Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, City Attorney Michael Colantuono and Consultant Marc Blodgett. 3. FLAG SALUTE Dean Alger led the flag salute. PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON AGENDA Mayor Carroll asked the public to limit their comments to three minutes. Ann Eaton, Hacienda Road spoke regarding the Water District and Georgia Drakos. Elizabeth Karman, Encanada spoke regarding the delay and the Brown Act letters. Seeing no one else come forward, Mayor Carroll closed the public comment. PUBLIC HEARINGS 4. BROWN ACT DISCUSSION Mayor Carroll stated thirty minutes had been allocated to discussion on this issue. He asked the public to restrict their comments to three minutes. Mr. Colantuono explained the 13-page response letter from Susan Chasworth and the letter from Steve Cooley. He felt the last paragraph of Cooley s letter gave room for hope. Suggest 1

the City write a short response that we agree with them and we view this as his staff does as closed and move on with doing business of the City. Mayor Carroll then opened the public comment. John Beau, Casalero spoke regarding the Brown Act allegations; Chasworth has a very strong case; proposed a sample letter. Margarita McCoy, Kashlan spoke regarding the allegations regarding the Advisory Committee; proud to be a member of the Advisory Committee. Rick Martin, Reposado spoke regarding the Chasworth letter; not convinced regarding Colantuono s suggestion. Carol Engelhardt, Avocado Crest spoke regarding the purpose of the open meeting law; no legal action were taken; e-mails and matrix. Katie Martin, Reposado stated is not trying to delay the, is trying to make sure it is enforceable when it is done; spoke regarding her opinion of what happened. Norm Zezula, Canonita spoke regarding Chasworth s opinion; the DA misrepresented itself. Mayor Carroll then closed the public comments. Councilmember Klein stated he didn t agree with the first or second letter from Chasworth; several articles in the LA Times about the District Attorney s Office; suggested we not respond to the latest letter. Mr. Colantuono stated he asked three elder statesmen of City Attorney s to have a meeting with the District Attorney s Office; events recently in Pico Rivera has caused a lot of concern among City Attorney s and City Manager s; City Managers have asked the City Attorneys to get out of the way and let the Contract City s Organization (44 Cities) take the lead in requesting that meeting; hoped the District Attorney s office will agree to meeting and discuss the process. Mayor Pro Tem Borrowe stated during this time, this was discouraging volunteerism. Mayor Carroll stated mistakes were made and corrections were made. Councilmember Klein moved to have all the letters put on the Web Site. Councilmember Douglas seconded. Vote 5-0 5. GENERAL PLAN ENVIRONMENTAL IMPACT REPORT Mayor Carroll asked the public if anyone wished to speak on the Environmental Impact Report, seeing no one come forward moved on to the next item on the agenda. 2

6. CONTINUE COUNCIL DISCUSSION REGARDING THE GENERAL PLAN BEGINNING WITH LAND USE POLICY 55. Policy 55 Mayor Carroll asked the Council to start with Land Use Policy 55. Mayor Carroll moved to accept Ms. Massa-Lavitt s suggested wording. Councilmember Douglas seconded the motion. Realizing the public had not had the opportunity to speak Mayor Carroll withdrew his motion and Councilmember Douglas withdrew his second. Mayor Carroll asked if the public wished to speak on the. Norm Zezula, Canonita stated this may be the most important policy; recommended wording for policy 55. Katie Martin, Reposado recommended the City Council look at the other cities that have this type of policy; look into the cost; suggested it be put in implementation. Gene Beckman, Avocado Crest recommended going back to the GPAC Policy. Mayor Carroll then continued the public hearing. Land Use Element Policy 55 Policy 57 Mayor Carroll moved to renew his motion to accept Ms. Massa-Lavitt s suggested wording. Motion died for lack of a second. Mayor Pro Tem Borrowe moved to accept the policy as it was written. Councilmember Douglas seconded the motion. Mayor Carroll called for the question. Rick Martin then turned in a card to speak on this item. Vote 2-3 Carroll, Klein, Millsap. Councilmember Millsap moved to accept the policy to read The City shall establish a procedure to help resolve disputes between property owners of obtrusive landscaping and those who claim a loss of views due to the growth of landscaping materials. Councilmember Douglas seconded the motion. Mr. Colantuono suggested striking the word obtrusive. Councilmember Millsap amended her motion to strike the word obtrusive. Councilmember Douglas accepted the amendment to the motion. Vote 3-2 Carroll & Klein. 3

Policy 49 Policy 14 Ms. Massa-Lavitt stated she preferred a shorter version. Mr. Colantuono suggested rewriting the policy to read Pre-existing parcels of less than one (1) acre in size, created as water tank sites or for other non residential purposes, may be developed for residential use only if it is possible to do so consistently with setback and other development standards of this plan and the Zoning Ordinance. Councilmember Klein moved to accept Mr. Colantuono s suggestions. Councilmember Douglas seconded the motion. Vote 5-0 Mayor Pro Tem Borrowe asked to continue this item to next weeks meeting as he is rewriting a different version of the policy. Mr. Colantuono suggested wording the policy to read: 14a 14b Grading should be minimized and shall seek to preserve natural landforms to the extent reasonably feasible. The goal of grading should be to conform the structure to the site, rather than the reverse. Grading in conforming with Goal 2 of this plan should: Policy 33 - Feature gradual topographic transitions; contour grading, and other means to mimic natural landforms; - Rely on split or stepped pads when appropriate; - Avoid visible, manufactured pads which extend substantially beyond the building footprint; and - Avoid adjacent manufactured pads that create large areas of visibly altered landforms. Mr. Blodgett recommended Mr. Colantuono s suggestion of two policies. Councilmember Klein moved to accept 14a & 14b as written by Mr. Colantuono. Councilmember Douglas seconded the motion. Vote 5-0 Mr. Blodgett recommended adding to the ERME Element to read Given the City s unique rural character, there is a need to define how the City s recreational facilities and open space resources are to be used. Active recreational facilities referred to those areas such as the City 4

Policy 39 Policy 54 Park where more intensive community activities are permitted. These may include the various Civic events and more typical recreational activity. Passive recreation refers to those activities of a less intensive nature such as equestrian uses, hiking, biking, picnicking and resource conservation. He felt by placing this in the ERME Element (Page 3-8 in the text) this policy 33 could remain as it is. It was the consensus of the City Council to leave Policy 33 as it is and add Mr. Blodgett s suggested wording in to the text on Page 3-8. Ms. Massa-Lavitt suggested because Policies 39 and 41 are so closely related you could drop one or the other. Suggested omitting Policy 39 and leaving Policy 41 intact. Councilmember Douglas moved to accept the first sentence of Policy 39 and drop Policy 41. Policy 39 would then read Because of infrastructure constraints, institutional uses in the City must be limited in size and scope to the level supportable by the site, the roadways that serve it, and by other available infrastructure a Conditional Use Permit or other discretionary approval shall be required. Seconded by Councilmember Douglas. Mayor Pro Tem Borrowe offered an amendment for the policy to read. Shall be required for any such use and may be approved only on a showing that they will not overtax available infrastructure or be incompatible with adjacent and neighboring uses. Amendment died for lack of a second. Vote on original motion 5-0. Ms. Massa-Lavitt suggested moving this policy to Open Space for Conservation. Mayor Pro Tem Borrowe moved to renumber the policy 35a and to move it right after policy 35. Seconded by Councilmember Klein. Vote 5-0. Ms. Massa-Lavitt asked the City Council to go back and look at Policy 6. Mayor Carroll stated we will put that as first on the next agenda and he also wanted to look again at Policy 11. He stated the City Council would be looking at Policy 55 and GPAC Policy 49. Mayor Pro Tem Borrowe stated he would also have suggestions on new policies at that time. CONTINUED PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA - Continued Rick Martin, Reposado apologized for his previous outbursts and apologized for his future outbursts; will attempt to restrain himself. Norm Zezula, Canonita interruptions during meetings have become a common occurrence; they are interfering with the right of public input. 5

Katie Martin, Reposado stated ever since she started complaining at GPAC she has been attacked; asked the City Council to look at the cost of implementation; felt 22 implementation measures will be new costs to the City; we already have a huge deficit in our budget. Brad Cooke, La Habra Heights County Water District spoke regarding the ISO rating; gave his opinion of language in the that will affect the Water District. Ann Eaton, Hacienda Road spoke regarding newsletter published by Alan Boege. Mayor Carroll continued the Environmental Impact Report and the Discussion to the November 6, 2003 meeting. ADJOURNMENT Mayor Pro Tem Borrowe asked to have agendized a report from the Fire Chief on brush clearing, how much has been cleared and how much there is still to clear; plans for more patrols watching for arsons; send Fire Department staff in their own vehicles to watch the City. What citizens need to know and what they can do to protect themselves. Wants this item agendized for the November 13, 2003 City Council Meeting. Councilmember Klein moved to adjourn the meeting at 10:30 p.m. to the Special City Council Meeting of November 6, 2003 at 7:00 p.m. Seconded by Councilmember Mayor Carroll and approved as follows: AYES: NOES: ABSENT: ABSTAIN: Borrowe, Carroll, Douglas, Klein and Millsap None None None ATTEST: City Clerk 6