La Habra Heights News

LA HABRA HEIGHTS - Mayor Howard Vipperman has sued George Edwards, an unsuccessful candidate for City Council and most recently water board, for slander and over an ownership dispute regarding radios used by the La Habra Fire Watch, a fire prevention group.

Vipperman also sued Edwards' wife, Julie Ragozzino, and the East Heights Volunteer Fire Department in Los Angeles Superior Court. The latter is an association set up by Edwards and his wife after he purchased a fire engine.

In July 2007 Vipperman said he gave Edwards $4,059 to buy six radios, four of which are in the hands of members of the the Fire Watch group. The Vippermans have the other two. The money was his own, Vipperman said.

"I can't understand it. It was a shocker considering Howard and Karen (Vipperman's wife) were founding members."

The Vippermans have since resigned from the nonprofit group that works to prevent wildland fires in La Habra Heights.

Edwards and Vipperman were allies when he was elected to the City Council in 2007. Since then, they have a falling out. Edwards didn't have his support when he ran for City Council in March or the La Habra Heights Water Board Tuesday.

The second part of the lawsuit deals with the ownership of the radios that Edwards purchased with the money from Vipperman. Vipperman said he gave the money to buy the radios with the understanding the units were a loan from him.

"The radios were to encourage people to join the Fire Watch on the theory that once people started using the radios and understood their use they would purchase their own," Vipperman said. Then, the radios would be returned and loaned to new members, he said.

Members use the radios to communicate with each other while patrolling the heights to assist the Fire Department in looking for dangerous situations, said Greg Stefflre, the Fire Watch's executive director.

Vipperman said he asked for the return of one of the radios but Edwards and the La Habra Heights Fire Watch group refused to give them back.

Edwards said he had understood the money for the radios was a donation. "When somebody makes a donation and you're not happy, your only recourse is not to donate again if you no longer believe in the organization," he said.

But Ragozzino said she believes the whole issue is sad. "The radios are held by Fire Watch members who are active in protecting the entire community."

LA HABRA HEIGHTS- Mayor Howard Vipperman has sued George Edwards, an unsuccessful candidate for City Council and most recently water board, for slander and over an ownership dispute regarding radios used by the La Habra Fire Watch, a fire prevention group.

Vipperman also sued Edwards' wife, Julie Ragozzino, and the East Heights Volunteer Fire Department in Los Angeles Superior Court. The latter is an association set up by Edwards and his wife after he purchased a fire engine.

In July 2007 Vipperman said he gave Edwards $4,059 to buy six radios, four of which are in the hands of members of the the Fire Watch group. The Vippermans have the other two. The money was his own, Vipperman said.

"I can't understand it. It was a shocker considering Howard and Karen (Vipperman's wife) were founding members."

The Vippermans have since resigned from the nonprofit group that works to prevent wildland fires in La Habra Heights.

Edwards and Vipperman were allies when he was elected to the City Council in 2007. Since then, they have a falling out. Edwards didn't have his support when he ran for City Council in March or the La Habra Heights Water Board Tuesday.

The second part of the lawsuit deals with the ownership of the radios that Edwards purchased with the money from Vipperman. Vipperman said he gave the money to buy the radios with the understanding the units were a loan from him.

"The radios were to encourage people to join the Fire Watch on the theory that once people started using the radios and understood their use they would purchase their own," Vipperman said. Then, the radios would be returned and loaned to new members, he said.

Members use the radios to communicate with each other while patrolling the heights to assist the Fire Department in looking for dangerous situations, said Greg Stefflre, the Fire Watch's executive director.

Vipperman said he asked for the return of one of the radios but Edwards and the La Habra Heights Fire Watch group refused to give them back.

Edwards said he had understood the money for the radios was a donation. "When somebody makes a donation and you're not happy, your only recourse is not to donate again if you no longer believe in the organization," he said.

But Ragozzino said she believes the whole issue is sad. "The radios are held by Fire Watch members who are active in protecting the entire community."

Brad Cooke Wins Water Board Election - (Semi-Final Results) Large Turnout - Gap Between Heintz and Edwards Narrowing to 23 votes in Late Returns.

See Results: La Habra Heights Election Results (click here)

La Habra Heights - The usually quiet, uncontroversial La Habra Heights Water District election proved different this year.

Issues of Perks, Pay, Emergency Preparedness, and Maintenance were discussed via mailers, news articles and on-line forums.

Voters have a clear choice between Candidates on these issues.

Pay & Perks Record releases by the Water District showed that Board members had been charging alcohol and high priced meals to Water District Customers, bringing spouses to meals and hotels, and spending expensive weekends at local hotels rather than commuting.

In a Whittier Daily News article, candidates Cooke and Heintz admitted inappropriate spending, but did not volunteer to repay the District. Candidate Edwards stated that such spending was a betrayal of the public trust.

Board members not only receive their $100 Stipend for monthly Board meetings, but also for attending Water District related functions, at the discretion of the Board member.

On Pay & Perks, Cooke and Heintz are in favor of continuing them, while Edwards rejects them and will not accept them if elected.

Generators The issue of Emergency Generators also generated differences.

Brad Cooke and Jeff Heintz point to four portable generators the District purchased in 2001.

None of the generators are automatic. The two generators that would serve the City if power were cut off in a wildfire, outage, or earthquake, are at the District headquarters and would have to be transported and hooked up by specialized personnel. Edwards says that Generators should be permanently installed and automatically activated in order to serve their intended purpose, and paid for with current budget.

Agricultural Water and Recycled Water

George Edwards proposed consideration of Agricultural Water Rates similar to what had been done in the past. Users would have a separate meter to irrigate Avocado trees and other crops, and pay a lower rate. This would use the same infrastructure that exists. Edwards is opposed to recycled water.

Jeffrey Heintz proposed looking at Recycled water for irrigation and fire fighting in his candidate's statement. This would require installation of a new Pipeline system, tanks and pumps to bring it in. In a later statement, Heintz said that reclaimed water is uneconomical.

Vote ! Polls are open Today from 7 a.m. until 8 p.m.

Includes Reimbursement Requests for 12 mile trip all the way up to a $1000 Weekend in Long Beach!

La Habra Heights - A Public Records request for reimbursements to Water Board members for the period March 1, 2008 through September 30, 2009 yielded over 40 more pages of documents, raising questions of appropriateness of spending and judgment of La Habra Heights County Water District Board members.

This period includes one of the worst economic downturns since the Great Depression, and with a California unemployment rate over 10%.

Receipts indicate that Board member Jeffrey Heintz spent a weekend at the Renaissance Hotel in Long Beach with his wife, with the Water District customers paying the way.

Board Member Pam McVicar submitted receipts for a trip to Sacramento, indicating her husband and an undisclosed “friend” Director Bob Wilson spent a weekend in Long Beach, at a cost over $1000, including valet parking.

Board members Jeffrey Heintz and Pam McVicar submitted reimbursement requests for a 12.96-mile trip to nearby Diamond Bar.

Of note, Board President, Brad Cooke did not submit any requests for reimbursements during the 18-month period covered in the 40 pages released by the Water District.

Click Here To Read 40 Pages Released By The La Habra Heights County Water District For Reimbursement Requests Made By Water Board Members.

Fado was found in the City of Whittier and is waiting to be reunited with his owner!

The following information is released at the request of the La Habra Heights Lost Animal Network.

To all my friends and family. I lost my Portuguese Water Dog Fado yesterday.

I left him in my vehicle while I went into a home in La Habra to work and train customers dog. When I came out to my car my other two dogs, A Dobie and Matuse, were in the car, but not "FADO" he was gone.( Fado has an I.D. Chip}

I am totally devastated my dogs are like my kids. I have not stopped crying since I lost him yesterday 10-21-09 between 3;30 and 5: P.M.in the 200 blk of Mission St. La Habra. Metues and I miss him sooooo much.

If you know of any one who lives in La Harbra or the surrounding area can you please foward this email to them. Please Please we want him back.

They're not just talking about water in the race for this city's water district Board of Directors.

LA HABRA HEIGHTS - They're not just talking about water in the race for this city's water district Board of Directors. The race between three-term incumbent Brad Cooke, appointed incumbent Jeffrey Heintz and challenger George Edwards also is focused on perks, such as board compensation and whether the district should have reimbursed board members for business meals that included alcoholic beverages.

Cooke and Heintz say the liquor issue was a mistake but their leadership has ensured the district is making needed improvements without having to raise rates.

"That is a betrayal of the public trust for them to claim they are fiscal conservatives and do this," Edwards said about the reimbursement for liquor.

"The situation was brought to our attention and was corrected," Cooke said. It's not going to happen again, Heintz said.

Another issue is over pay. Board members now are paid $100 per day of service up to three times a month. Edwards said that violates the spirit of La Habra Heights volunteerism. "In La Habra Heights they don't pay the City Council; they don't pay the Planning Commission," Edwards said. "They shouldn't pay the water board. Cooke and Heintz said the $100 stipend has been in place since 1980 and never increased.

Cooke said there's nothing wrong with board members getting paid. "You would not imagine the amount of hours everyone puts in," he said. "The stipend doesn't come near anything for the time."

The three candidates also disagree on key water issues and it again pits the two incumbents against the challenger. "I am running on leadership and conservative economic issues so that we can through our master plan continue improvements in the district without raising taxes," Cooke said.

But Edwards said the district shouldn't be doing major projects, such as the water tank, without going to voters first for their approval.

"Let the community vote if they want these projects," he said.

Cooke said the board is elected to represent the people and there's no need for a bond issue.

The Lowell Joint Education Foundation will hold a Tapas & Wine Tasting meet-and-greet fundraiser from 5 p.m. to 8 p.m. at 1401 Popenoe Road.

Tickets are $40 per person.

The event will feature a champagne reception, chocolate fountain, tapas and wine-tasting, live music, raffles and auction.

For information or to buy tickets, call Veronica Rico at (562) 947-0453 or Carmen Miller at (323)810-3077, or visit

LJEFonline.org

Jeffrey Heintz's use of the word "incumbent" as his ballot designation violated state's election code. Los Angeles County Recorders office investigates.

La Habra Heights - Jeffrey Heintz was appointed to the La Habra Heights County Water District Board in February 2008. He filed papers and a Candidate Statement for the November 3, 2009 Election as an "Incumbent". Similarly, his campaign literature and website refer to him as "Incumbent".

However, Election Code 13107 clearly states that only those who were elected by the voters, or who ran unopposed in a prior election, can be called "Incumbent" on the ballot. One who was appointed, and is running for an office for the first time, must call themselves an "Appointed Incumbent".

Election code 13107. (2) The word "incumbent" if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers, and was elected to that office by a vote of the people...

4) The phrase "appointed incumbent" if the candidate holds an office other than a judicial office by virtue of appointment, and the candidate is a candidate for election to the same office...In either instance, the candidate may not use the unmodified word "incumbent" or any words designating the office unmodified by the word "appointed."

As such, Mr. Heintz's use of "Incumbent" was clearly in violation of section 4 above, when "Appointed Incumbent" was required to be used.

Pam McVicar, who also was appointed and up for election for the remainder of the term, filed her papers correctly, referring to herself as an "Appointed Incumbent".

The designation is important for Voters. A Voter would assume that an "incumbent" had been previously elected by the people. For an "Appointed Incumbent" to refer to her or himself as an "Incumbent" is misleading to the Voters.

The La Habra Heights Sample Ballot for the November 3rd election was recently released with Jeffrey Heintz shown as "Incumbent". An inquiry was made to the County Recorder's Office, and they determined an investigation was necessary; and is ongoing.

Reprinted with permission from: www.LaHabraHeights.net

Water District Board Wines and Dines at Water Customers Expense

La Habra Heights - On November 3, 2009, there is a La Habra Heights County Water District Election. Incumbent Brad Cooke, appointed member Jeffrey Heintz (also Treasurer of the Improvement Association), and George Edwards, Fire Watch Co-Founder, are Candidates.

Voters must look at the records of the Candidates to judge whom to vote for. A good indicator of fiscal conservatism is how they spend our money when given the opportunity. Board members receive $100 per meeting, including when they attend City Planning Commission and City Council meetings, and allowed to be reimbursed, if they choose, for meals.

Who says there is no free lunch, dinner or drinking binges? Below are actual receipts for meals and drinks at the expense of Water District credit cards etc. This is from a Public Records Request for receipts of meals and drinks submitted by or attended by Jeffrey Heintz and/or Brad Cooke going back only one year. No reimbursement to water distict customers was made by board members.

In contrast, it was reported that when Mr. Edwards was offered lunch and drinks at Water District expense, he chose to pay for the Water District employee, Board Member Brad Cooke, and himself instead.

Editors Note: Due to intensive graphic content of the supporting documentation, readers may choose to go to the following news site to view actual itemized restaurant and hotel receipts obtained from La Habra Heights County Water District.

LINK: Water District Board Wines and Dines at Customer Expense.

EXCLUSIVE!

Link: La Habra Heights Water Board Booze & Feed Receipts

LHHCWD Policy For Director Compensation & Travel Expense Reimbursement (incuding alcohol and meals) PDF.file

Contributions Not Tax Exempt As Stated

La Habra Heights, CA - The tax filing status of La Habra Heights Improvement Association has recently come into question. LHHIA is a local organization established to unite residents, and promotes development and welfare of the community. The group solicits contributions from residents and local businesses, by claiming it is a charitable 501(c) 3 non-profit, and that contributions are tax deductible. However, the IRS Publication 78, a list of recognized 501(c) 3 charities, does not include the La Habra Heights Improvement Association as a charitable organization. Only contributions to organizations recognized by the IRS are tax deductible.

In addition, the Improvement Association's publicly available 990 Tax Filings for 2006, 2007, & 2008, signed "under penalty of perjury" by Treasurer Jeffrey Heintz, state that the Association is a 501(c)4 non-profit, not a 501(c)3.

According to documents published by the Internal Revenue Service, contribu­tions to 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. Also, the organization may be required to disclose that contributions are not deductible when it solicits contributions

A 501(c)4, however, can be politically active. Examples of 501(c)4 organizations include employee unions, civic leagues and political action committees.

Improvement Association President Pam McVicar said that the 990 Filings were "errors". The office of Joe Mercile, accountant for the Improvement Association, was contacted in an effort to confirm the LLHIA filing status. At press time, calls had not been returned.

At the LHHIA general membership meeting in June 2009, held at City Hall, concerns were raised over the security of members’ personal financial information. Primarily, in light of the arrest of the Improvement Association Vice President in April of 2009, on 144 charges including fraud and identity theft. The Board attempted to quell the concerns by touting the professional accountant they used, Joe Mericle, and the fact that the Treasurer, Jeffrey Heintz, was a (former) police officer.

Link to complete article (click here)

You've heard of road rage. Here you might call it slurry-seal rage. Several residents unhappy about their streets being closed for slurry sealing have reacted by removing barricades and driving their car onto the street.

Commentary reprinted with permission

La Habra Heights - On November 3, 2009 the La Habra Heights Water District has a Board election for 2 seats. The Water Board currently includes two appointed, unelected members from the Board of the La Habra Heights Improvement Association, Jeffrey Heintz, Treasurer LHHIA and Pam McVicar, President LHHIA.

According to the required FPPC 460 filing by recently elected Councilmember Carl Westerhoff, an Improvement Association Board Heights Life Editor worked on Westerhoff campaign materials. A Westerhoff campaign mailer had current Councilmembers Baroldi and Vipperman endorsing him, including a picture of the three together. Also during the campaign, two informational mailers were sent citywide, stating Mr Westerhoff's public record, and the other questioning the benefit of a unified bloc of three; Baroldi, Vipperman & Westerhoff.

A "witch hunt" ensued to find the source of the informational mailers in the form of a complaint to the Fair Political Practices Commission (FPPC). The "witch hunt" complaint was signed by Improvement Association Board members, including Pam McVicar, who is also on the Water Board, two Heights Life Editiors, the parents of a third Water Board member, Council member Carl Westerhoff and Howard Vipperman. The FPPC quickly responded to the complaint stating that there would be no further investigation and that there was no wrong doing involved. The mailers complied with FPPC requirements.

Nevertheless, the next Heights Life included an anonymously written article castigating the informational flyers, and an associated "Letter to the Editor" by "Marjorie Beetlestone". (Ms Beetlestone will be featured in a future article.) Did the Heights Life go after the legal informational mailers because the Improvement Association was supporting Mr Westerhoff?

The La Habra Heights Improvement Association has been roiled with controvery in recent months, with the arrest of the Vice President on 144 charges including fraud and identity theft (after 4 months in jail, the Improvement Association says the VP is "on leave"), stonewalling, a secret election, witholding of financial documents, and secret by-law changes.

View Complete Story (click here)

Closure of Hacienda Road for street improvements is expected to begin Sept. 28 instead of today as was scheduled, City Manager Shauna Clark said.

La Habra Heights - Four year seats of incumbent Brad Cook and unelected, appointed member Jeffrey Heintz are up, as well as a two year seat for unelected, appointed member Pam McVicar.

Pam McVicar is President of the La Habra Heights Improvement Association. Jeffrey Heintz is Treasurer of the Improvement Association.

The La Habra Heights Improvement Association has been rocked by controversy in recent months. The Improvement Association Vice President was arrested in May, and still in jail, for multiple charges including fraud and identity theft, though the District Attorney has not announced charges related to activity on the Improvement Association.

The Improvement Association stonewalled inquiries about the safety of members' personal information for over a month, finally stating that the Vice President had not had contact with members' financial or personal data.

Each year, the Improvement Association holds board elections at their annual Members Meeting, as was announced in the June Heights Life.

When members arrived at the meeting, the Improvement Association Board announced winners of the election that had been secretly held amongst the board members only. Members were not allowed to vote.

When questioned, President Pam McVicar admitted that they had changed their by-laws, but would not let any Association members see them, saying that only the Board could see them.

Association annual financial reports were typically released and passed out to Improvement Association members at the annual meeting. However, Treasurer Jeffrey Heintz refused to share the financial report with members at the meeting.

The Improvement Association is a 501 (c)3 non-profit, and such organizations are typically forthcoming with financial reports and by-laws so as not to lose non-profit status and to show contributors that funds are used and managed wisely.

Road's Committee Axed on 3-2 Vote.

La Habra Heights - The Public Works Committee was eliminated with a 3-2 vote (Baroldi, Vipperman, Westerhoff) at the July City Council Meeting. This continues the removal of resident scrutiny and involvement, and increases dependence on, and cost of, city government.

The Emergency Preparedness Committee was first to go. This group of trained residents was to be our resource in an emergency, since City Hall is closed most of the time, and in an earthquake, or other event, outside emergency workers, and even city workers may not be able to get here.

Parks and Recreation has changed from a Commission primarily focused on overseeing spending and infrastructure at the Park, to an event planning committee.

A Budget Committee, including residents, was abolished several years ago.

The Roads Committee was established in the mid 1990s to analyze the condition of City streets and develop a program to repair them and for ongoing maintenance.

The Public Works Committee recommended By-Laws following the 2001 Resolution, with a role including review of plans for public works projects and review of spending. Committee members Jerry Shipman and Stephen Blagden told the City Council about the importance of citizen oversight.

Resident John Pearce said we should depend on the City Manager to oversee staff and spending, without interference from residents. (editor- oh yeah that makes sense)

Things became heated in recent months when the Public Works Committee pointed out that the annual Roads Maintenance program was months behind schedule and maintenance funds, voted for and paid by residents in their annual property tax bill, appeared to be diverted to other uses.

Council members Baroldi, Vipperman and Westerhoff did not want to create conflict between city employees and residents on a Commission, and didn't think the Public Works Committee did much.

Council members Stan Carroll (who voted for the Commission in 2001) and Brian Bergman tried to get the others to understand the need for resident oversight.

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