La Habra Heights News

The Bothwell residence on Knollwood Drive in Pasadena has one of the larger residential solar panels projects in Pasadena, installed in 2007.

LA HABRA HEIGHTS- Just how important is the view from your house? Maybe not so much, if you live in a tract house in the flatlands of Whittier, but here in La Habra Heights it's everything to some people.

Take Dalyn Miller-Geiser, a resident since 1997. "The view is one of the features I looked for in purchasing a home," said Miller-Geiser, who can see the lights in Chino Hills from her property.

"We were informed that in La Habra Heights, (views) are protected," she said. "You don't own the hill, but somebody (by building a house) can't take out what is determined to be your view."

And it's why Miller-Geiser and others are protesting a proposed series of amendments to the zoning code that will be considered by the City Council at a special 6 p.m. meeting Monday.

"People are so alarmed over the changes because they feel that things have loosened up so much," she said. "It's an element of trust."

Others say they believe these changes will mean the loss of the city's rural style. "What they're trying to do is transition the city from being rural to being urban estates," said resident Stephen Blagden.

"What code amendments do is clean up legal discrepancies and some inequities left in the code," said Councilman Carl Westerhoff, who worked on the amendments while he was on the Planning Commission.

The code deletes the term view corridor but still keeps a definition of what is called "primary view," that is what you can see from the ground floor of your residence or patio area.

But Blagden says he's concerned about these changes. "The cumulative effect is to reduce view protection and give more control to staff," he said. "It means if you have a view now, and someone proposes to build something, staff can come and say what your view is and allow someone to block it."

Another issue is over how much area of a property can be covered by concrete or asphalt - called "hardscape" in the zoning code.

But former Councilwoman Judy Hathaway-Francis said she fears these proposals will allow more development in La Habra Heights. "You'll have more buildings, more runoff, more erosion and a big fat mess," Hathaway-Francis said.

News story reprinted with permission from LaHabraHeights.net

La Habra Heights, CA - The Improvement Association held its annual general meeting on June 17th at City Hall. At past meetings, the Director seats up for election were voted on by members present, open to nominations from the floor. The 2009 meeting was markedly different to the 44 spectators in attendance.

No Election

Contrary to the advertisement in Heights Life, there was no election. The agenda had an "Election Results" item, not an election.

Answering a later question, apparently the actual "election" had taken place earlier in June, at an undisclosed time and place, amongst the existing directors and unknown other persons.

No Finacial Report Distributed

At past annual meetings, the Association Financial Summary was passed out to members attending, and it was a requirement of the by-laws to provide members with financial reports.

This June 2009 meeting saw Directors holding the report, the Treasurer giving a brief summary, and members in the audience left wondering what was going on. A member remarked that reports had been distributed to attendees in the past. He was told that a copy could be mailed.

By-Law Changes

When a member asked about by-law changes, the President answered that there had been recent changes. Members were not told what those changes were, or when they were voted in. For most of its existence, changes to Improvement Association By-Laws had to be advertised in Heights Life and approved by the members. At some point, changes in by-laws were made to allow Directors only to change them.

By-Laws Witheld From Members

When asked if a member could see or get a copy of the Association by-laws, the Board answered "No" , the by-laws were only for the Board.

It is now unknown, to those outside of the Board, how Directors are chosen, how long their terms are, responsibilities, and how elections are held.

This "Politburo" type of Improvement Association structure is contrary to the openness of the early days of the group which fought for the incorporation of the City.

The past 15 years has seen the Board become increasingly closed and secretive. Leaving members feeling they have been relegated to spectators who pay dues to watch the show.

LA HABRA HEIGHTS - City Attorney Sandra Levin said the Los Angeles County District Attorney's Office overreacted in its warning letter to Mayor Howard Vipperman about an e-mail the DA said could have led to a violation of the state's open-meeting law.

"They have a bit of a reputation different from other counties that take a much more cooperative and collaborative approach," she said. "The District Attorney's Office in Los Angeles County tends to take an approach of shoot first, ask questions later."

The issue is over an e-mail Vipperman sent to City staff and, which said he wanted the council to reconsider action on building a new home at 1454 Kashlan Road.

"I would like to put it back on the agenda," Vipperman stated in the April 28 e-mail. "I would like to not take public comments if possible. I would like an agenda item crafted to amend our previous decision by removing any conditions. Specifically deny the appeal" -Howard

Jennifer Lentz Snyder, assistant head deputy for the District Attorney's Office, said Vipperman's letter didn't violate the law. "But we were concerned about what appears to be a misapprehension about public comment," Snyder said. "There were certainly some aspects of the request that don't serve open and transparent government."

The e-mail reflected privileged communication because it was attorney-client privilege, Levin stated.

Snyder countered, "We are absolutely steadfastly dedicated to ensuring the integrity of our evaluation process...There's something counterintuitive about meeting with public officials behind closed doors when the very subject matter is open transparent meetings."

She also rejected the idea that the e-mail was privileged. "There's nothing in the e-mail that suggests it would be attorney-client privileged," Snyder said.

Howard Vippermans email to fellow Councilperson Layne Baroldi and City staff is referenced twice in a lawsuit filed on June 12, 2009 against the City of La Habra Heights, in Los Angeles Superior Court.

View lawsuit at: The Avocado Express.com Where you always read about it first!

Stay on top of the Heights at: Twitter.com/LaHabraHeights

LA HABRA HEIGHTS- The Los Angeles County District Attorney's Office has sent a warning letter to Mayor Howard Vipperman, saying an e-mail he sent to fellow Councilman Layne Baroldi and city staff could have led to a violation of the state's open-meeting law. Vipperman's e-mail said he wanted the council to reconsider action on building a new home at 1454 Kashlan Road.

"I would like to put it back on the agenda," Vipperman stated in the April 28 e-mail. "I would like to not take public comments if possible. I would like an agenda item crafted to amend our previous decision by removing any conditions. Specifically deny the appeal" -Howard

Jennifer Lentz Snyder, assistant head deputy for the District Attorney's Office, stated in her May 20 letter to Vipperman that a violation of the Ralph M. Brown Act had not occurred but that Vipperman may have violated the spirit of the law.

"(But) the nature of the request memorialized in the subject e-mail strongly suggests a desire to subvert the open decision-making process and shut down the public discourse on a matter," stated Snyder said Monday. "You can't avoid public comment," she said. "You always have public comment."

"I'm really not at liberty to discuss the e-mail...It's privileged." But there was no Brown Act violation, he said. "The e-mail itself is innocuous." Vipperman said.

The issue was over a home that the council had denied an appeal at its April meeting, but also asked the property owner to lower it by 7 feet to avoid obstructing neighbors' view.

During the May meeting, the council voted 2-2, thus denying an appeal of the neighbors allowing construction of the 3,819-square-foot home.

Read the letter sent to Vipperman by the L.A. County District Attorney's Office and the email Howard Vippermans sent to Councilman Layne Baroldi and city staff at www.LaHabraHeights.net (click here)

Exclusive Report filed May 21, 2009

Santa Ana -Kimberly Jane Soares, 43, sat inside a segregated inmate cage at the Superior Court in Santa Ana. The La Habra Heights homeowner and Vice President of the La Habra Heights Improvement Association wore a blue jail jumpsuit during her appearance before Judge Vickie Hix Thursday morning.

Soares appeared extremely subdued, perhaps knowing she faces as many as 91 years in prison if she's convicted of an alleged multi-million dollar tax and workers' compensation insurance fraud scheme, tied to Democo Corporation, and other companies, jointly owned and operated by Soares and her husband.

Joseph Perry Soares, 47, inside a separate wire mesh cage, stood for most of the proceedings, frequently putting his fingers through the steel mesh as he spoke with his defense attorney, Michael F. Currier.

Robert Scott Campbell, 26, shared the same cage and orange clothing, stamped with the words, "OC Jail." The Bellevue, Washington resident appeared nervous, with a public defender standing nearby.

Campbell's father, James Gregory Campbell, 59, was the only defendant of the four alleged co-conspirators, not behind bars. He showed up in court, wearing a pair of blue jeans and pullover shirt, after he put up a piece of property to ensure he wouldn't skip on his $750,000 bail.

His son's public defender asked that Robert Campbell be released on his own recogniscence, arguing that he doesn't have a criminal record. With a job, and relatives in Southern California, the younger Campbell isn't a flight risk. She also stated that Robert Campbell was not named in the original indictment. The Public Defender believed, that perhaps, the District Attorney's Office put him behind bars, with bail set at $2.5 million, so investigators could "squeeze" Campbell for information.

Deputy District Attorney Debra Jackson countered that Campbell's name wasn't included in the original indictment because investigators initially thought he might be a victim of identity theft. Jackson added that Campbell was arrested and brought to Southern California because, she insisted, he was involved in the $12 million dollar conspiracy, adding that Campbell's name was used to perpetrate the fraud, and no one forged his signature.

The vice president of the La Habra Heights Improvement Association and her husband have been charged in a multi-million dollar workers compensation fraud and will face a preliminary hearing Thursday.

Santa Ana – A bail reduction hearing for Joseph and Kimberly Soares, both charged with 144 criminal counts including identity theft and fraud, ended today with an audibly sobbing Kimberly, a mother of two.

Kimberly Soars, who serves as The La Habra Heights Improvement Association Vice President, was not able to reduce her bail amount at a scheduled hearing on May 15, 2009 at the Orange County Courthouse in Santa Ana. Husband Joseph Soares, represented by his own attorney, augured that the bail should be reduced to $100,000 from 2.5 million for his client. The District Attorney’s Office countered that Mr. Soares is a flight risk since he leases a plane. Honorable Judge Vickie Nix cited the seriousness of the charges but agreed to a reduced bail amount to $1.5 million for Mr. Soares.

One of two Co-defendants, James Gregory Campbell was also able to reduce his bail to $1.5 million at an earlier hearing, and is now free on bail.

The Soares purchased their La Habra Heights home on East Road in September of 2006. Public records indicate a purchase price of $1 million using 100 percent financing with no down payment for the 2,406 square foot home. The property was later transferred into the name of Mrs. Kimberly Soares. Current market value puts the home at around $775,000. They have two children ages 14 and 19, according to Mr. Joseph Soares’ attorney.

A Preliminary Hearing is scheduled for May 21 at 8:30a.m. at the Orange County Courthouse, Department C55, in Santa Ana.

LA HABRA HEIGHTS - A longtime resident lost his house to a fire early Friday morning.

John Bolinger, 71, who has lived the city for more than 40 years at his house in the 1900 block of Virazon Drive, told sheriff's deputies that he was canning food and fell asleep when a propane stove apparently exploded, said Capt. Shaun Gibson of the La Habra Heights voluntary Fire Department.

The loss is estimated at around $600,000, Gibson said. No other homes in the area were damaged.

A nearby resident apparently woke Bolinger and helped him get out of the house safely, said John Birg, who lives nearby.

The call came into the Fire Department at about 1:40 a.m.

La Habra Heights Volunteer Fire Department initially responded with only one fire engine and rescue squad. Even though the city's fire department owns 5 engines and is required to respond to building fires with 3 engine companies per ISO (Insurance Services Office) guidelines.

The city does not have a automatic aid agreement with the Los Angles County Fire Department to respond to a very large portion of the City of La Habra Heights including the portion where the blaze took place.

Los Angles County Fire Department did eventually send, via mutual aid 2 engines and a battalion chief.

SANTA ANA - Four defendants, including the married owners of an Orange County demolition and construction cleanup company, have been charged with 144 felony counts in what prosecutors say was a multimillion-dollar workers' compensation insurance fraud.

The defendants are accused of failing to secure workers' compensation insurance for dozens of employees while falsely claiming only one full-time and one part-time clerical employee, according to a statement from the Orange County District Attorney's Office.

Joseph Perry Soares, 47, Kimberly Jane Soares, 43, the owners of Democo Inc., of Orange, pleaded not guilty at an arraignment in the Central Justice Center on Monday. A pretrial hearing in their case was scheduled for May 15.

The Soareses, of La Habra Heights, were arrested last week and held in lieu of $2.5 million bail each. Kimberly Soares, serves as Vice President of the La Habra Heights Improvement Association.

The defendants are charged with conspiracy, perjury, grand theft, forgery, identity theft, misrepresenting facts to the State Compensation Insurance Fund, recording false and forged documents, making fraudulent statements, making false statements to discourage workers from claiming benefits and income tax fraud.

They also falsely claimedthat demolitionists employed by Democo were subcontractors to avoid paying insurance for them, prosecutors allege.

If convicted, the defendants could get punishment ranging from probation to 91 years in prison.

Click to view booking photos, documents and criminal findings exclusively on the AvocadoExpress.com!

By Mike Sprague, Staff Writer Posted: 04/01/2009 04:54:35 PM PDT

LA HABRA HEIGHTS - The state's election enforcement agency has identified the person who mailed two anonymous campaign fliers in the recent City Council election.

But in an advisory letter to anti-development activist Stephen Blagden, author of the two mailers, the California Fair Political Practices Commission stated it was taking no enforcement action.

Still, both Blagden and La Habra Heights Councilman Howard Vipperman, who filed the complaint, said they were happy with the commission's action.

"I'm ecstatic," Vipperman said. Blagden, who has a Web site, La Habra Heights.net, said the commission letter shows he broke no laws in sending out his fliers that attacked newly elected Councilman Carl Westerhoff.

"I didn't think I had done anything wrong," Blagden said. "I'm glad they agreed."

Both mailers - sent during the weekend of Feb. 28, right before the March 3 election - criticized Westerhoff.

One complained that Vipperman and Councilman Layne Baroldi had endorsed Westerhoff, while the second attacked him for open-meeting issues he dealt with while he was an administrator at Downey Community Hospital.

"Based upon our preliminary review and the evidence provided, it does not appear that you are presently a candidate," stated Jeanette Turvill, political reform consultant with the enforcement division.

"Moreover because the mailers did not contain express advocacy you did not become an independent expenditure committee ..." The key term is "express advocacy," said Roman Porter, the commission's executive director.

If that doesn't exist, then campaign laws don't apply because it's a freedom of speech issue, Porter said.

Blagden said he put out the fliers as informational pieces for the election. "The intention was to get the information out there so people could make an informed vote," he said.

Fair Political Practices Commission clears "Hit Flyers" Click here to view letter from FPPC

Another TOPIX Exclusive: Read the complete complaint and names of "potential witnesses" by clicking here (1.8 MB PDF.file)

La Habra Heights -The La Habra Heights election of March 3, 2009, signaled the return of third party campaign flyers to the Heights political landscape. This time, however, Councilmembers Howard Vipperman and Layne Baroldi are crying foul over a flyer critical of their endorsement of city council candidate Carl Westerhoff. Westerhoff won the open seat by 156 votes. The flyer states …“A bloc of 3 council members will control the agenda and votes, bypassing the remaining two council members.”

Then Mayor Pro tem Vipperman lashed out repeatedly during the March 12, 2009 city council meeting. Throughout his rant he referred to the perpetrators as “stupid people” and went on to state “…They did it anonymously. Not only did they do it anonymously they were too stupid to know what the election law is; the California fair political commission has rules. These anonymous stupid people broke the rules, they broke the law”. But an investigation into the cost of printing and mailing the flyer revealed that no campaign laws were violated.

The flyer, labeled “The Three Amigos…” was not anonymous as claimed in the official City of La Habra Heights Agenda report prepared by City Manager Ms. Shauna Clark. The author of the flyer “Residents for a Representative City Council” is clearly visible opposite of the United States Postal services bulk rate permit number assigned to Whittier Mailing Service.

In addition, the flyer does not oppose any candidate but states that voters “exercise your independent judgment, after analyzing the candidates, and vote for those who will be voices, not echoes.” The flyer states that La Habra Heights residents prefer five independent council voices.

Click here to view Heights Hiccups cartoon on LHH Three Amigos.

Pictured: published photo on Three Amigos informational flyer, sent from: "Residents for a Representative City Council"

LA HABRA HEIGHTS - It's time to stop the anonymous hit pieces that have gone out during past City Council elections, Councilman Howard Vipperman said Monday.

Vipperman said it's why he recently asked the state's Fair Political Practices Commission to investigate the mailing of two anonymous fliers, which attacked Carl Westerhoff, during this year's City Council election.

Westerhoff was elected anyway despite the attacks. Re-elected were Mayor Stan Carroll and Councilman Brian Bergman.

"I've had enough of this nonsense," said Vipperman. "It's time to say enough is enough."

Both mailers - sent during the weekend of Feb. 28, right before the March 3 election - criticized Westerhoff. One complained that Vipperman and Councilman Layne Baroldi had endorsed him, while the second attacked Westerhoff for his views on development and issues he dealt with while he was an administrator at Downey Community Hospital.

Bergman, Carroll and outgoing Councilwoman Tela Millsap said anonymous attack mailers have been sent in the past and there was no reason for the city to get involved.

"We've all been attacked at one point or another," Millsap said. "For the most part we just go on and turn the other cheek." Millsap, who was at her last meeting, said it would be bad for the council to go on the record asking for an investigation.

"You guys have the opportunity to work and bond together and continue with the community in a positive way," she said. "I think this will split you guys and create an issue in the community."

Westerhoff, who won't be sworn in until Thursday, said he's disappointed the council didn't ask for an investigation.

Click here to view 3 Amigos Photo

Click here to view all 3 Amigo flyers (as mailed) PDF.file

Several area cities that arranged to sell off federal stimulus funding intended for transportation projects scrambled Wednesday for ways to use the money or trade it, one day after the MTA axed such deals.

The cities - La Habra Heights, Irwindale, Bradbury and Rolling Hills - now must either submit so called "shovel-ready" projects to the MTA, or trade their stimulus tax dollars for equal amounts of Measure R transportation funds. The cities have until Friday to do so, said Carol Inge, the Metropolitan Transportation Authority's chief planning officer.

The reversal caught the small cities off guard. With permission from MTA staff, the four cities had secured agreements to sell their federal stimulus money to other cities in exchange for general fund money, in some cases for as little as 61 cents on the dollar.

Once in their general funds, the cities could have used the money as they saw fit. Other cities had been in similar negotiations but had not yet reached deals.

But on Tuesday, MTA officials issued a letter invalidating the swaps. MTA board members said they never intended for cities to sell off stimulus funds to the highest bidder; they only authorized MTA staff to allow swaps, dollar-for-dollar, for Measure R funds.

None of the four cities have submitted transportation projects that qualify for federal stimulus spending.

"We're really just hoping the MTA will grant an extension, because there's no way for us to use this funding," said Catherine Leland, management analyst for the city of La Habra Heights. "That puts us in a really tough spot. We don't have time to negotiate new agreements."

La Habra Heights, a city of 6,000, had pre-sold its $500,000 in federal funds to Westlake Village for $310,000 for its general fund.

"It's not as much an incentive for those cities who are trying to acquire those stimulus funds," Tsao said. "Swapping for one-for-one funds doesn't make a lot of sense, personally."

Schiff will spearhead a letter from the delegation to the MTA "expressing our concern not only with swaps but with any mechanism that departs from the intended purpose of the funding - to create jobs in our region and to expand construction."

The MTA should not have allocated $500,000 in stimulus money to small cities in the first place, said Doug Johnson, a fellow at Claremont McKenna College's Rose Institute for State and Local Government.

They held city council elections Tuesday in La Habra Heights and La Mirada. But did anyone even know or care? Turnout was about 13 percent in La Mirada - the same as it has been this decade and about 31 percent ...

IT'S a community of about 5,700 people in mostly larger, single-family homes, tucked away in the Puente Hills between Whittier and La Habra.

Former Montclair Fire Chief Gary Turner won't come out of retirement for just anybody.

LA HABRA HEIGHTS - All six City Council candidates here agree that this city's rural lifestyle needs to be protected. Where they disagree is about who can do it best.

That appeared to be the most important issue during Tuesday's candidates' forum.

About 90 people were present to watch the debate between the six candidates - incumbents Brian Bergman and Stan Carroll and challengers George Edwards, Vincent Gomez, Faith Grimm and Carl Westerhoff.

But there were differences - at least in degree - over how good a job the council has done and over how much the city should do to ensure another home doesn't block the view of a neighboring property owner.

Some don't think the existing council has done enough to protect the rural environment. "Rural is not, accepting a 17,000-square-foot house and a 30,000-square-foot pool or attempting to force condos into La Habra Heights," Edwards said. "What is not rural, is a lack of respect for volunteers and a $9.1 million City Hall complex," he said.

Gomez said the city's general plan has been under attack. "This year's election will determine whether La Habra Heights will remain as it is or become a haven for grandiose homes," he said. "I'm not here to say whether mansionization is good or bad," he said. "(But) I've made a conscious decision to respect the general plan and the (zoning) code. You follow the rule of law and build your homes accordingly."

The existing municipal code limits one-story homes on one-acre lots to 7,500 square feet and two-story homes to 4,000 square feet in the first floor and 3,500 square feet for the second floor.

Grimm isn't satisfied with the current code. "These municipal codes are a step forward, but they still have inconsistencies," she said. "The rules and guidelines need to be concise and consistent."

Gomez disagreed. "I'd like to go back in and make it more protected," he said.

The City of La Habra Heights will air the Candidates Forum that was held on February 10, 2009 on their local government channel (Channel 3) via the Time Warner cable system on a tape-delayed basis.

However, only 919 of the 2000 homes are connected to cable according to city staff. The continued sharp drop-off in cable subscription is due to residents having the option of using direct satellite systems to receive television service rather than relying on the cable company to provide programming.

In order to receive the local government channel you must subscribe to cable. This translates into only 46% of the households having access to the government channel.

Residents were first able to view a webcast of the 2007 City Council Candidates Forum on the Nonewcityhall.com website two years ago. This year it is being sponsored by the Committee to Elect George Edwards, who’s company provided the technical arrangement and distribution via the Internet. Once again, the webcast is being provided free of charge for the benefit of the community, unedited and independent of government control.

The Webcast can be viewed at the following links:

2009 LHH Candidates Forum: Part 1 Opening Statements

2009 LHH Candidates Forum: Part 2 Q & A

2009 LHH Candidates Forum Part 3: Closing Statements

Residents here like their rural lifestyle and don't want wide superhighways carrying lots of automobiles and trucks.