CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JULY 8, 2004
CONFERENCE WITH LABOR NEGOTIATOR
CITY NEGOTIATOR: Michael Colantuono
Unrepresented employee: John Hendrickson
Title: City Manager
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Meeting of the La Habra Heights City Council at 7:46 P.M. on Thursday July 8, 2004 in the multi purpose room at 1245 Hacienda Road.
2. ROLL CALL
Members present were: Mayor Borrow, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present were City Attorney Colantuono, City Manager Hendrickson, Sheriff Deputy Bickel and Deputy City Engineer Lang.
3. FLAG SALUTE
Cecelia Borrowe led the flag salute.
Mayor Borrowe stated that they had come from a Closed Session and asked City Attorney Colantuono for any information available.
City Attorney Colantuono explained that the Council had met with him as their Labor Negotiator with the City Manager to review his contract. He stated that the Council authorized him to make an offer to the City Manager which enhances his compensation as of January 1, 2004 to $87,500 per year and to enhance his compensation as of July 1, 2004 to $90,000 and to allow him an additional 40 hours of administrative leave which can not be cashed out nor taken with him when he leaves. The continuance of that benefit is subject to review at his next review date. He explained that the contract is on the Agenda for consideration later this evening. He also explained that he made the proposal to the City Manager, and it was accepted.
4. PRESENTATIONS
á Recognition of Elaine Cain, La Habra Heights Plaque Gift.
Ms. Cain explained that she and her husband, Joe, were drawn to La Habra Heights due to the rural atmosphere and the peacefulness. She explained that the Moorish style tile border refers to our rancho tradition.
Mayor Borrowe presented Elaine Cain with a certificate of appreciation. He added that her husband Joe has recently been with Volunteers on Patrol.
á Recognition of Don Chilson for Work on Mobile Command Center.
Mayor Borrowe explained that Don Chilson was also a Volunteer on Patrol. He noted that the City purchased an empty trailer that was to be developed as an Emergency Communications Command Post. He stated that Mr. Chilson developed the trailer into a functional trailer to use for emergency situations.
Sheriff Deputy Jim Bickel presented a plaque of recognition to Don Chilson from the LA County Sheriffs Department, the La Habra Heights policing team and the City of La Habra Heights, for his time and effort.
Mayor Borrowe also presented Mr. Chilson a certificate of appreciation for all of his work for the City of La Habra Heights on the Emergency Communications Command Post.
á Presentation on West Nile Virus by Dr. Min Lee Cheng, District Director for West Valley Vector Control (resident of La Habra Heights).
Dr. Cheng explained that the Virus comes from mosquitoes. This Virus was first discovered in Uganda in 1937. It affects birds, humans and other vertebrates. He gave a history of the Virus spread in the United States from 1999 until now. It has spread all the way across the country since then.
Dr. Cheng explained that the Virus passes between mosquitoes and birds and back again. Humans and equines do not produce enough of the virus to pass it on to a new mosquito. He stated that infection is harder on older people.
Dr. Cheng further explained that we need to interrupt the breeding cycle of the mosquito by not leaving water for them in which to breed. The next way to control the mosquitoes is to not allow them to grow to maturity in water. The next step is to repress adult mosquitoes and use repellent on our skin and wear long sleeves and long pants. The best repellent is one that contains 24% deet.
Dr. Cheng stated that there is no vaccine for humans, but there is one for equines.
For questions, there is a WNV Hotline: 1-877-968-2473 toll free.
Councilmember Klein asked if there have been any cases in La Habra Heights.
Dr. Cheng noted that there have been two cases in Arcadia, eleven cases in San Bernardino County, seven in Fontana and three cases in Riverside. He stated that they have had only one dead bird from La Habra Heights test positive for West Nile Virus. There will probably be more.
Councilmember Millsap asked what to do with any dead birds that may be found.
Dr. Cheng answered that if a newly dead bird is found, contact the LA County Vector District. They will come to pick it up. He noted that dead birds should not be touched with bare hands. He stated that spraying for the mosquitoes was not very effective. The best control is to prevent them from breeding.
A resident from the audience suggested that mosquito eating fish can be placed in water troughs also.
Dr. Cheng agreed that this can be effective.
Another audience member asked if bitten by a mosquito, should you go to the doctor?
Dr. Cheng answered in the negative unless there is fever and a rash. You should ask the doctor for a blood test. There are only a few laboratories that can give this test.
One audience member asked if there could be a sign on the bulletin board with the numbers that he mentioned displayed.
Dr. Cheng stated that posters are being printed now and he will bring one to the Community Development Director.
Dr. Cheng reminded everyone to have their horses immunized yearly.
Mayor Borrowe pointed out that the ÒTop of the HeightsÓ has a phone number and a website about the West Nile Virus.
City Manager Hendrickson noted that there were brochures on the subject at City Hall.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness.
Kathy Sauble, Emergency Preparedness Chairperson, stated that the LA County theme for the month is ÒChemical ThreatÓ. Ms. Sauble stated that the theme she is going to concentrate on for the City of La Habra Heights is ÒAnimal Rescue and Evacuation PlansÓ.
Ms. Sauble explained what should be in the plans for animal evacuation and rescue. She stated that there should be a plan for each type of emergency and the plan should be posted on the barn where it can be seen easily. She stated that a person should be fully prepared with pictures and descriptions of animals if they become lost. Keep your documents on animals in a safe place. Ms. Sauble stated that she has packets with these guidelines prepared for anyone interested.
á Public Works Committee.
There was no report from the Public Works Committee.
Mike Bagwell, Dorothea Road, spoke of the project at 707 Dorothea Road. He brought a group letter from the neighbors objecting to the partial plans that were turned in. He stated that they do not comply with City Codes or the General Plan.
The Community Development Director explained that they have received a preliminary grading plan and building drawings in terms of elevation and site plan. We informed the applicant that there were items missing and that parts of what they did submit were not acceptable. They are submitting next Monday or Tuesday the items that we suggested they change. She stated that it remains to be seen if they correct everything we want them to fix, however, the Engineer on the job is more responsible than the old one. He may be able to take care of what we want. Depending on what we get back we will schedule a public hearing for our next Planning Commission meeting.
Councilmember Carroll asked City Attorney Colantuono what would be done if they did not meet the deadline or fail to do what they are supposed to do.
City Attorney Colantuono replied that the property needs permits from the City in order to build anything and permits in order to finish the grading or to maintain the grading in a manner different than what was originally approved. Mr. Colantuono stated that if they do not submit a project that we can approve, we have the right to insist that they restore the property to the previously permitted condition. This might be hard to do and is not what we really want. He stated that his impression of the applicant is that he is fairly responsive of late and is trying to get an approval. Mr. Colantuono stated that it is his understanding that the Building official is not going to sign off on the wall without the data that he needs.
Mayor Borrowe asked if the neighbors received a copy of the letter from the Planning office to the applicant.
Ms. Massa-Lavitt answered that the letter is in the file for inspection and a copy can be provided.
Councilmember Klein asked if we have any indication of what they intend to do about the wall.
Ms. Massa-Lavitt stated that the preliminary plan reduces the wall to four (4) feet of wall exposed. She stated that she was not sure how deep the wall is or how much back-fill is against it. They also propose to remove approximately 3500 cubic yards of soil from the site and try to create a stepped pad for the house. This is something that still needs to be resolved.
Councilmember Klein explained that his concern was that since that wall was not inspected it would probably have to be taken out and be replaced somehow.
City Manager Hendrickson stated that he hoped by next week we would have some answers from their Engineer as to what they are proposing and their response to our letter.
Nina Guerini, Le Flore, spoke for a neighbor who lives on Bonnie Jean. She quoted Vehicle Code # 21759, which directs that vehicles must use caution when approaching horses or livestock. She also stated that a group of bicyclists can startle and endanger horses on such a narrow road. She stated that the bicyclists are a real danger to the residents. Also, Ms. Guerini asked if the Fire Department can take care of animals in a wild fire.
Katie Martin, spoke about Planning Commissioners McCoy and Karman delaying approvals with comments such as Òthe house can be seen from open space.Ó
Mayor Borrowe asked that Ms. Martin not mention names of the Planning Commission members according to the Meeting Decorum rules.
City Attorney Colantuono explained that the policy rule states that speakers can only address the Mayor and not any Councilmembers or audience members.
Ms. Martin explained that there is no rule against a house being seen from open space. She stated that they also complained that the house was too large for the neighborhood. They ignored the fact that the City Council had stated that if a house is properly screened to hide its size it helps. She stated that this house can only be seen from the open space.
Ms. Martin asked what the standards are for determining what size is appropriate for a neighborhood, and where does it state what we can plant and their scientific names? Where in the plan does it control the color of paint we use? Ms. Martin stated that this is the type of thing that is going on at the Planning Commission. She stated that she hopes the City Council will look into this.
Councilmember Carroll asked the City Manager what the time-line is on the Ordinances.
City Manager Hendrickson explained that the consultant should have a recommendation on Ordinances to the Planning Commission by the end of August.
Norm Zezula, Canonita Drive, suggested that if Commissioners are criticized, it might be more helpful to everyone if it is done at the Planning Commission meeting.
Roy Cummings, spoke for granting the CUP for KOCE with the condition that when they leave they donate the facility and tower to the City. He stated that the facility is a very valuable asset as there are several radio communication systems on the tower and it would be an ideal location for the Fire DepartmentÕs radio system. It would also be a suitable place for a Disaster Communication Service repeater.
City Attorney Colantuono stated that it would be nice if they donated the tower to the City, but we can not ask or require them to.
Mayor Borrowe closed the Public Comments.
5. APPROVAL OF WARRANTS – JUNE 2004
Mayor Pro Tem Douglas asked City Manager Hendrickson what the average monthly revenue is on the VLF.
Mr. Hendrickson stated that on the VLF it is a fairly even amount each month. He stated that on Property Tax we usually get that twice in a fiscal year. It can vary quite a bit depending on the type and source of revenue. He stated that the Sales Tax was not big enough to get excited about.
Mayor Pro Tem Douglas asked for information on the Highway Users Tax.
Mr. Hendrickson explained that this is the Gas Tax and we receive a fairly even amount from this.
Councilmember Carroll asked where the Sales Tax goes if you buy a car from a private party.
The City Manager explained that the tax stays at the point of sale, such as La Habra if that is where you bought it.
City Attorney Colantuono encouraged anyone in La Habra Heights who has a resellers permit to use their La Habra Heights address and that will increase our Sales Tax for the City.
Mayor Pro Tem Douglas offered a motion to approve the June 2004 warrants as presented in the amount of $319,305.53. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – MAY 2004
The TreasurerÕs Report Consists of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to RKA/Transtech Civil Engineers
á Payments to City Attorney
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
Mayor Pro Tem Douglas asked the City Manager about the status of deposits listed on page 7. He stated that a couple of the deposits seemed lower than they should be.
Mr. Hendrickson stated that he did not want to discuss the Sussoev account until he had discussed it with the City Attorney. A letter has been sent asking for payment.
City Attorney Colantuono stated that he has discussed it with the attorney for Mr. Sussoev and was told that it would be here this week.
The Community Development Director explained that she has not received the check yet.
Mr. Hendrickson stated that they sent BSI a letter for collection also.
Mayor Borrowe asked for an explanation of the negative amount and positive amount in parentheses under Ending Balance.
City Attorney Colantuono explained that if they are holding a check from someone, it is not actually an asset, but a liability so it would be in parentheses.
Councilmember Klein asked that if someone is in arrears we do not spend any staff time or anything that would run up their bill until they catch up on what they owe.
Councilmember Carroll noted that Sam Sung had a balance of $5,000. He asked what happened to that.
City Manager Hendrickson stated that since they have moved he thought we were required to return the money.
Councilmember Carroll asked the City Manager to check on that.
Mayor Borrowe stated that he concurred that we need to follow our rules and not let balances get out of control.
Councilmember Klein stated that we are not in the business of loaning people money, and if they do not keep their balances up, that is what we are doing.
Councilmember Carroll offered a motion to approve the May TreasurerÕs Report as presented. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Borrowe noted that on Page 5 Deputy Engineer Lang stated that he had not received a report that the traffic lights at Hacienda and East Road and West Road had been adjusted. Mayor Borrowe asked Mr. Lang if he has received the report.
Deputy Engineer Lang answered in the affirmative.
Councilmember Millsap referred to page 10, the 5th line; ÒSheriff AultÓ should be changed to ÒLieutenant AultÓ.
On page 17, second paragraph under PLANNING DIRECTORÕS REPORT, change ÒMayor Pro Tem BorroweÓ to ÒMayor Pro Tem DouglasÓ.
Councilmember Millsap stated that on page 17 under item 16. Add an ÒeÓ to Borrow. She also stated that on page 1, in the last paragraph, spell ÒCasselleroÓ with one ÒsÓ and one ÒlÓ.
Mayor Borrowe asked if the City Manager had checked with the SheriffÕs Department about the motorcycle noise on Hacienda.
City Manager Hendrickson stated that he had talked to the Deputy and he stated that they would pay more attention to the problem.
Mayor Borrowe commented on page 20 he had mentioned that they were going to try to put together an appreciation event for GPAC members, but they want to include all volunteers in the City. He stated that they were looking for volunteers to help put this event together.
Councilmember Carroll offered a motion to approve minutes of June 10, 2004 City Council minutes as amended. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
ABSENT: None
8. CONDITIONAL USE PERMIT 2004-14, 16700 SKYLINE DRIVE
The applicant, Coast Community College District, proposes to utilize the provisions of La Habra Heights Municipal Code 3 Section 9400 to request a continuation of a Conditional Use Permit for the operation of an existing television transmitter site for transmission of public television located at the above address within the RA zone.
RESOLUTION NO. 04-34 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 2004-14.
Community Development Director Massa-Lavitt reported on CUP 2004-14 at 16700 Skyline Drive. The applicant is Coast Community College District. She stated that service vehicles access the site from the unincorporated community of Hacienda Heights. She noted that in 1971 the County of Los Angeles granted a CUP for the tower in its present location. After incorporation in 1982 the CUP had sunsetted and the City of La Habra Heights had the opportunity of determining whether or not it wanted to continue allowing the tower in its present location, and it did grant a 10-year CUP for this purpose. A 10-year extension was granted in 1994 and in 2004 the La Habra Heights Planning Commission recommended a 5-year CUP extension as one of the new conditions.
Ms. Massa-Lavitt stated that the emphasis has been that the tower remains non-profit. At present, there are 3 non-profit users, not counting KOCE. Sempra Energy is not a non-profit organization.
Ms. Massa-Lavitt noted that the CUP requires 8 findings be made. The findings are found in the Staff Report and the Resolution.
Ms. Massa-Lavitt stated that the Applicant intends to use this tower as a back-up in case their Mt. Wilson transmitter fails. She noted that in 1994 there was a condition added to save two locations at the facility for the La Habra Heights Fire Department and to benefit the community. The Planning Commission added the condition that the CUP would be for a five-year length. They also added a condition to shield the light source at the butler building (which has been done). Another condition was to stripe more parking places in case the building should be manned on a 24-hour or on an 8-hour basis.
RECOMMENDATION: Approve Resolution No. 04-34.
Councilmember Carroll stated that there was a condition left off of the Resolution that if there was any change of use the lot had to be brought up to the city standards including size.
City Attorney Colantuono stated that he did not think that could be legally enforced.
Councilmember Carroll also noted that Resolution number 13 mentions a change from unattended to attended operations. The Planning Commission meant it to be unattended only. Mr. Carroll also mentioned a correction on condition 10 where it mentions condition Ò12Ó which should be condition Ò11Ó. There is a typo on condition 12, correct the word ÒremovedÓ to read ÒremoveÓ.
Mayor Pro Tem Douglas asked if the District gets some revenue from even the non-profit users.
Ms. Massa-Lavitt explained that they do receive a monthly rental fee.
Mayor Pro Tem Douglas asked if we have the right to charge fees or require a business license.
The City Attorney stated that we may not tax the two government agencies, but he was not sure about the two utilities. He stated that the District was allowed to charge whatever the market will bear.
Mayor Borrowe asked Fire Chief Nielsen why the Fire Department has not taken advantage of the two antenna places on the tower.
Fire Chief Nielsen stated that he had been unaware of this provision. He has been researching it and it would be invaluable to the Fire Department as there are several dead spots in the city. The tower should give better transmission. The tower would protect better from lightning strikes and provide better contact within the Fire Department and with the SheriffÕs Department.
Deputy Bickel stated that he thought it probably would help, but they would have to come out to test the situation.
Fire Chief Nielsen explained that he spoke to the CHP and the person he spoke to was not aware of the CUP renewal. The person from the CHP mentioned that the tower was on State property, so did not think the tower would go away.
Councilmember Millsap asked if they would pay the fire fee.
The City Attorney stated that they would not be on our tax rolls because they are a government agency.
The City Manager asked the City Attorney how far we can go to restrict the type of tenant the applicant has on the tower.
The City Attorney stated that with each addition we could add a condition that requires some type of approval.
Mayor Borrowe opened the meeting for Public Comment.
Jeff Melching, Attorney, represented Coast Community College and KOCE. He stated that they were committed to honoring their promise of space for the Fire Department.
Mr. Melching explained that they have a man at the site for about two hours a week for required maintenance. This is what unattended meant by the District and the Planning Commission when it was discussed. He also noted that there is no intention to add to the array of antennas on the tower and would send anyone wanting a spot to the City Council for a CUP.
Mr. Arthur addressed what people pay for their spot on the tower. Mr. Arthur explained that Suburban Water does not pay anything, but we pay $125 a month to have a water meter there. Sempra Energy pays $3,000 a month. CHP pays $785 per month.
Councilmember Carroll mentioned that he had heard they also had Intellisat.
Mr. Arthur explained that they are gone due to bankruptcy.
Mayor Borrowe noted that he had read that when they leave they would take down the tower at an expense of around $300,000.
Mr. Arthur explained that they are estimating that it might be close to $200,000.
Mayor Borrowe noted that KOCE is always looking for money, so how do we know that you can live up to that condition?
Mr. Arthur stated that they would be able to do that.
Mayor Borrowe asked when everything goes to digital, if the tower is still useable.
Mr. Arthur explained that the tower would still be useful if they replaced the analog transmitters with digital transmitters.
Mayor Borrowe asked if there is room on Mount Wilson for backup equipment.
Roger Yokum, KOCE Chief Engineer, answered that it is possible, but it would not be much of a backup on the same tower. He then explained some operational details.
Mr. Arthur stated that to provide backup facilities on Mount Wilson is possible but expensive.
Norm Zezula, stated that the condition that when the Applicant is through with the tower he tear it down, be changed to read Òeither tear it down or at the CityÕs option give it to the City.Ó He stated that his concern is that if the applicant does not want the expense to tear it down they might give it to another non-profit broadcaster. We might then be stuck with a less financially stable owner. If they know they have to tear it down in a few years, they may skimp on the maintenance. This should not cause the City to make a decision now, but give it options later.
Councilmember Carroll asked the City Attorney if there was any way to address this in the CUP.
The City Attorney stated that we can communicate to the District the CityÕs willingness to be a donee. It actually is a very expensive asset. He stated that it was to the CityÕs advantage to keep it in the hands of someone who needs your permits.
The City Attorney explained that we should check at each renewal of the CUP if the tower can be lowered.
Mayor Borrowe closed the Public Hearing.
Mayor Borrowe commented that on the second page item 7, of Resolution 04-34, that he did not agree with the statement that the proposal is consistent with the General Plan.
The City Attorney stated that it was a finding that had to be there and it can be agreed with or not. He stated that it could not be removed if they want to approve the Resolution. He noted that this use predates the City.
Mayor Pro Tem Douglas explained that they called Bob Henderson from Puente Hills Land Fill Native Habitat Preservation Authority and asked him what kind of neighbor this facility is. The reply was that there had been no problems and it did not seem to bother the animals.
Councilmember Carroll requested that item 10 in Section 8; change Condition Ò12Ó to read Condition Ò11Ó. In item 12 change the word ÒremovedÓ to ÒremoveÓ.
The City Attorney changed the wording on item 13 to read ÒThe use may not be converted to a regularly staffed facility except by amendment to the CUP.Ó
The City Attorney noted that on item 14 the word ÒexceptÓ should be added after Òadjacent usesÓ and change ÒFCCÓ to ÒFAAÓ
Councilmember Millsap observed that on page one of the Resolution, Section 5, Òduly noticeÓ should be changed to Òduly noticedÓ.
Ms. Millsap asked for clarification of number 2 under Section 6.
The City Attorney stated that number 2 should start with ÒThe proposed use will not impairÓ.
Councilmember Carroll offered a motion to waive further reading and approve Resolution No. 04-34 as amended. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9a. HEIGHTS CHRISTIAN SCHOOL PROJECT.
June 2004 StateÕs Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Councilmember Klein offered a motion to receive and file the report from the Heights Christian School. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. PURCHASE OF COUNTY PROPERTY AT HACIENDA AND WEST ROADS.
RECOMMENDATION: City Council approve and authorize the City Manager to negotiate the purchase of the property at Hacienda and West Roads, Los Angeles County.
City Manager Hendrickson reported that he had been requested by the Council to pursue certain issues surrounding the purchase of the property at Hacienda and West Roads. He stated that they had requested some clarification of the AEL report. Mr. Hendrickson explained that an AEL representative is present, however their Engineer was not able to be here tonight. The person who did the report is on vacation until the 29th of July. He stated that the understanding seems to be that there was no significant contamination, but only normal minor surface contamination. Mr. Hendrickson stated that he gave the report to the County and asked if the report would make any difference in the price of the land and explained that he had not heard back from the County.
Mr. Hendrickson recommended that this item be continued until the August City Council Meeting and that the Council direct him to continue his negotiation with Los Angeles County. Mr. Hendrickson stated that the representative from AEL should be able to answer some of the CouncilÕs questions.
Mayor Pro Tem Douglas noted that the Engineer confirmed that the levels of contamination were below levels of significance. He stated that we should have the AEL Laboratory prepare a report reaffirming that the levels of contamination were not significant. The Geo-technical concerns will be looked at more closely when the project becomes more specific.
Mr. Hendrickson asked that the item be continued as there are still issues to be resolved. Part of this will be cost.
Carry Klingfus explained to Mayor Borrowe that there were fourteen borings performed, not just six along the edge of the stream. There are four borings in the field that are 25 to 30 feet deep. There are eleven borings along the stream bank.
Mayor Borrowe asked why soil grouting was advised.
Mr. Klingfus explained that in the boring log we came up against moisture at about 18 to 20 feet. This is what we recommend at this time. We have not received any information regarding the size and weight of the buildings from the Architect. When we get more exact information we can come up with more exact remediation. Until we get more explicit information we will hold off on the remediation recommendations.
Mayor Borrowe asked Mr. Klingfus what the abbreviation PQL stands for.
Mr. Klingfus stated that it was the smallest amount they analyze, but he would have to ask the chemist what the amount is.
Mayor Borrowe asked what pieces of equipment they used in their analysis for the parts per million of oil in the soil.
Mr. Klingfus stated that he would have to contact the chemist on this.
Mayor Borrowe asked if they found this property to be in an earthquake zone or not.
Mr. Klingfus stated that it is in an earthquake zone.
Mayor Pro Tem Douglas explained that it is in an earthquake zone, but not in our mapped Alquist-Priolo zone.
Mayor Borrowe noted that they stated in their report that a major earthquake on the fault could cause a PGA of .47. He asked what that means.
Mayor Pro Tem Douglas explained that .47 would be significant but not catastrophic.
Mayor Borrowe explained that all the rest of his questions are technical and we need to continue this item until we have someone here who can answer these questions.
The consensus of the Council was to hold a Special Council Meeting on August 5, 2004 at 7:30 P.M.
Mayor Borrowe asked to meet with someone to submit all of his questions before the Special Meeting.
Mayor Borrowe asked Mr. Klingfus to leave a number that he could use to reach their technician.
Mr. Klingfus asked that the questions be written out so they could have answers ready at the Special Meeting.
Councilmember Carroll stated that he would like these questions answered at a Special Meeting, but he would like to see the decision on the purchase of the land be made at a regular meeting.
11. CONSIDER INCREASE IN FIRE FEES TO OFFSET INCREASED PARAMEDICS COSTS.
RECOMMENDATION: City Council consider both raising the fees to help offset increase in paramedic services and also placing the issue of how these services are to be funded on a future ballot.
City Manager Hendrickson reported that they can only raise the Fire Fee by the lesser of the CPI or 3%. The accumulated change for the years would have been 19.87%. In 2002 we raised the fire fee by 5%. This would leave only a possibility of a raise of 14.87%. This raise would gain about $114,000. This would not cover the amount that going with La Habra at their raised contract would cost.
Mr. Hendrickson stated that they may at some point want to take it to a special election to find whether the public wants to fund the cost of a service that gives a more guaranteed response time. Hopefully we will have more answers and details by the August Meeting.
Mayor Borrowe asked if we are paying La Habra the higher fees now.
Mr. Hendrickson answered that we are since May 10. He stated that we have not received a bill from La Habra yet. He stated that it will not include the LA County overhead and will not have a second ambulance charge.
Mr. Hendrickson stated that if we do not have a guaranteed response service it could be a much longer response time for emergencies. He stated that so far, the lowest cost for service is being offered by La Habra with LA County.
City Attorney Colantuono explained that they have to consider the timing issues of the election date and placing a raise on the property tax roll. The cutoff date to be placed on the property tax roll is between the 10th and 15th of August each year. You will miss that deadline for this year. You could conduct an election or you could pursue assessment financing. A tax requires a 2/3 vote and an assessment requires a mail vote of property owners, and this is approved by 50%. An assessment is not subject to the Gann limit. A tax is subject to the Gann limit.
The City Manager noted that La Habra is still working out some details with LA County. Fire Chief Nielsen explained that if La Habra City Council approved the contract on July 19, it would still take six to eight months before LA County gets into La Habra.
City Manager Hendrickson stated that he still has not received a contract from La Habra between them and La Habra Heights.
Councilmember Millsap asked how long the contract term would be.
Mr. Hendrickson stated that right now it would be monthly, but what he was looking for was a five or ten year contract with a one year notification if we desire to get out of it.
Fire Chief Nielsen stated that a lot of residents did not see the need for paramedics. The Fire Chief stated that he could not support that idea. He stated that the average age of residents is going up. He explained that by law they did not have to provide paramedics.
Mayor Borrowe noted that the Resolution for Item 11, in section 2 states the amount as $860,376. In Item 12, section 2 states the amount as $749,000. He asked if this was the difference in the level of service.
City Manager Hendrickson stated that it was the different level being provided by the two different Resolutions.
Councilmember Klein asked if we increased the Fire Fee by the maximum 14.87%, what would the increase be on the homes under 7,000 square feet.
Mr. Hendrickson stated that it would go from $320.61 to 368.28 plus the acreage charge. Which would come up approximately $56.00
Mayor Borrowe opened the meeting to Public Comment.
Katie Martin brought a tax bill of a resident whose house is under 7,000 square feet and her Fire Fee is $379.52. She stated that this lady is on a fixed income and $56 is a lot for her. Ms. Martin stated that this lady is against paramedics, although she probably should have them. Ms. Martin stated that she is for paramedic service but she thinks it could come from the General Fund and not come from the taxpayers. She mentioned several projects we are spending money on. She mentioned that the City has set aside $50,000 for acquisition of open space and stated that the City is running huge deficits in the budget. She also stated that information people need should be in the Top of the Heights.
City Manager Hendrickson explained that although it appears that we have a large deficit in the Roads area, we do not actually have one. We set the money aside for this yearÕs expenditure on the Roads. The General Fund has a surplus. He stated that $50,000 was set aside for HOSEC. This was not set aside to buy open space. $50,000 was set aside if we decide to buy land for the Fire Department Capital Improvement.
Mayor Borrowe stated that having information on various issues should be in the Top of the Heights.
Norm Zezula informed the Council that not everyone in the Heights is in a high income bracket. Many are on a set income. He stated that in his opinion our tax structure needs to be reviewed.
Mayor Borrowe turned the meeting back to the Council.
Mayor Pro Tem Douglas asked if people receive paramedic treatment but are not residents, will they have to pay?
Fire Chief Nielsen explained that everyone who gets transported in an ambulance gets a bill, either directly or to their insurance.
City Manager Hendrickson explained that part of the cost is standing by (availability).
Fire Chief Nielsen stated that the billing rate is set by the Department of Health Services of the County. It isnÕt set by the City. The amount you are allowed to charge for the paramedic service and the transport is set by the State. The transport company is the one that issues the bill for the transport and the paramedic service.
Councilmember Carroll asked if you could have a lower fee for a resident than for a non-resident.
The City Manager stated that you probably could if you controlled the fee schedule, but if you were in a contract with someone else you would follow their fee schedule.
Mayor Pro Tem Douglas stated that he felt in order to decide how to pay for this you need to have all of the billing information and possibilities. He questioned if we have an in-house paramedic system would we bill for service that does not require transportation?
The Council continued discussing different situations with and without paramedics.
The Fire Chief stated that if the paramedic service went to a vote and was voted down, any needed ambulance transportation would respond with two EMTs. The fire Department would respond in their usual 3 to 5 minutes with an EMT service.
Councilmember Klein stated that before we received paramedics through La Habra, we always had long waits for the ambulance. Thirty to forty-five minutes was not unusual. Mr. Klein stated that as a representative of the residents he would be remiss if he did not vote to provide paramedic service for them. He stated that we also need to provide for people who are traveling through our City. Where the cost comes from is a different subject. Mr. Klein stated that he thought the Fire Fee should be raised this year as much as possible. He did feel that the paramedic issue should be on the ballot so we know what the residents want. He did not care whether it was through a tax or an assessment.
Mayor Pro Tem Douglas stated that he was for having paramedics. He felt it was proper to investigate different ways to pay for this rather than saying the public must pay more taxes.
Mayor Borrowe stated that he agreed the people should have a say in how they want the money spent. The residents need to be well informed on what the issues are. We are supposed to represent them. He stated that the Council was not supposed to think for the people.
Councilmember Millsap stated that she did not have the confidence that if it went to a vote people would vote for paramedics. Ms. Millsap noted that this is the third time this subject has been on the Agenda and there are very few people here for the subject. People have not contacted us about it either. Ms. Millsap stated that it is her view that the City has to have paramedics. She stated that she felt if it is voted down that will be a very large problem.
City Manager Hendrickson explained that if this method of paying for paramedics is voted down, the Council has the choice of paying for paramedics out of the money we have.
Mayor Borrowe asked if paramedics are needed and we do not have them, how would it work.
City Manager Hendrickson explained that the Fire Department would respond with EMT service and they would wait for an ambulance to transport to where there is paramedic level service.
Councilmember Millsap continued that if the residents know that they can vote this choice for paramedics down, they will know that somehow the Council will get it for them some other way.
Councilmember Carroll stated that he agrees with the comments made by the Councilmembers except that he is not in agreement to raise the Fire Fee. He stated that he would like to see this placed on an Assessment. He stated that he feels residents will want to go with this for paramedics. This would require a 50% approval rate.
Councilmember Klein offered a motion to raise the Fire Fee the full 14.87% for the increase in the cost of paramedics. The motion was seconded by Councilmember Millsap.
Councilmember Carroll stated that he would like to see a straw vote about placing this on an assessment at a future date.
Mayor Pro Tem Douglas stated that he would like to see some more analysis on different ways to pay for this, including the costs that could be recovered and the total cost that will be going to the Community including the cost of the fire facility. Mr. Douglas stated that he would give a straw vote that this be put to an assessment vote at a later date.
Councilmember Klein and Councilmember Millsap also gave a straw vote for this being put to an assessment vote later.
Councilmember Carroll asked if the 14.87% raise in taxes passes and the assessment pass, would you lower the tax.
Councilmember Klein answered yes if there was another revenue source.
The motion failed as follows:
AYES: Klein and Millsap
NOES: Borrowe, Carroll and Douglas
ABSENT: None
Councilmember Carroll asked that the City Manager bring back assessment alternatives at the next Special Meeting.
Mayor Pro Tem Douglas asked for ambulance alternatives, and details on what is legally allowable on billing.
City Attorney Colantuono explained that it was not what is legal, but who you can get to and the fact that you can not charge more than it costs you and that some of the people you service are judgement proof.
Councilmember Carroll stated that he would like to have details on how the fees would be assessed.
12. CONFIRMATION OF ANNUAL ASSESSMENTS, FY 2004-05 FIRE PREVENTION AND PROTECTION SERVICES.
A Resolution to amend Resolution No. 03-25 and set new fees for the fire tax rate for FY04-05.
RECOMMENDATION: City Council adopt Resolution No. 04-29.
RESOLUTION NO. 04-29 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ESTABLISHING TAX AMOUNTS WITH RESPECT TO THE SPECIAL TAX TO FUND FIRE PREVENTION AND PROTECTION SERVICES. DIRECTING THE IMPOSITION AND ADMINISTRATION OF THE SPECIAL TAX FOR FISCAL YEAR 2004-05 AND TAKING CERTAIN RELATED ACTIONS.
City Manager Hendrickson explained that this Resolution No. 04-29 is to keep the Fire Fee at the same rate as today.
Councilmember Carroll offered a motion to adopt Resolution No. 04-29 to keep the Fire Fee at the same rate as today. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas and Millsap
NOES: Klein
ABSENT: None
13. CONFIRMATION OF ANNUAL ASSESSMENTS, ROAD MAINTENANCE DISTRICT 3.
RECOMMENDATION: City Council adopt Resolution No. 04-30.
RESOLUTION NO. 04-30 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS PROVIDING FOR THE COLLECTION OF ASSESSMENT INSTALLMENTS FOR FISCAL YEAR 2004-05 IN CONNECTION WITH CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 3 AND TAKING CERTAIN RELATED ACTIONS.
The City Manager explained that they are required by law to set the level annually for each of the five years for the Citywide Street Maintenance Assessment District 3. This is the same amount as before. The attached resolution will confirm the 2004-05 assessments.
Councilmember Carroll offered a motion to adopt Resolution No. 04-30 confirming the assessment amount for District No. 3 for Road Maintenance for 2004-05. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. PROPOSED HALF-CENT SALES TAX INITIATIVE WHICH WILL RAISE AT LEAST $500 MILLION FOR ALL LOCAL LAW ENFORCEMENT.
RECOMMENDATION: City Council approve Resolution No. 04-32.
RESOLUTION NO. 04-32 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, URGING THE BOARD OF SUPERVISORS TO PLACE ON THE NOVEMBER BALLOT A HALF-CENT TAX FOR PUBLIC SAFETY AND HOMELAND SECURITY.
City Manager Hendrickson reported that Sheriff Lee Baca looked for signatures to place this on the November ballot, but came up short of the needed amount. Several Councilmembers are requesting that the City of La Habra Heights join them in urging the Los Angeles County Board of Supervisors to place this on the November ballot. The base is $500,000. This is based on population and we would receive about $756,000 per year. We would have to keep our law enforcement services at $548,300, which is what we spent for 2003-04. He explained several ways the money could be used, and noted that this matter has to be approved by a 2/3 vote.
Councilmember Carroll asked who drafted the Resolution. He noted that as it is drafted, if we adopt it we would actually be adopting the Resolution on behalf of the City of Los Angeles.
City Manager Hendrickson answered that it should be the County of Los Angeles.
City Attorney Colantuono suggested to kill the first WHEREAS clause. He stated that in the last paragraph Òthe City of Los AngelesÓ needs to be changed to Òthe City of La Habra HeightsÓ.
The City Council discussed whether or not they are endorsing the sales tax if they adopt the Resolution or if they were merely endorsing placing it on the November ballot.
City Manager Hendrickson explained that the Board of Supervisors has not yet decided whether to endorse the sales tax or not. He explained that it is 2/3 of the public vote that is needed, not 2/3 of our Council.
Mayor Borrowe noted that he has not heard from any Police Department how they have cut their cost. He felt the way this proposal is put together is a little devious. If more money is spent for law enforcement, soon it will cost more.
Mayor Borrowe offered a motion to receive and file. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
15. REQUEST BY FIRE CHIEF TO SELL OUTDATED EQUIPMENT
The Fire Chief is requesting City Council approval to sell a 1978 International Water Tender and a 1980 American La France. Both pieces do not meet the NFPA and OSHA standards.
RECOMMENDATION: City Council approve the sale of these items.
Fire Chief Nielsen asked for approval to sell the two pieces of equipment. The Water Tender has only been used once and broke down and he was asked not to bring it again. He stated that the American La France has not been in service since he began here. Mr. Nielsen stated that it was almost impossible to get parts for it. He stated that they have spent approximately $8,000 to repair these engines that cannot be used. He stated that the twin of the La France in running well. We have already removed parts from the one to use on the good La France. We have used all the parts we can. We are asking $8,000 for both engines. We will advertise these in a Fire magazine.
Councilmember Klein offered a motion to approve the sale of the outdated equipment. The motion was seconded by Councilmember Millsap and approved as follows;
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
16. ADJUSTMENTS TO CITY MANAGERÕS CONTRACT.
Adjustments to salary and benefits negotiated with the City Manager will necessitate an amendment to the City ManagerÕs employment contract.
RECOMMENDATION: City Council approve amendments to City ManagerÕs
Contract.
City Attorney Colantuono stated that he made the changes in a copy of the contract so the Council can see them. The Mayor and City Manager can sign it. It shows that the changes take effect on July 1, 2004. There is the change in the salary paragraph. It provides for a salary of $7291.67 monthly, effective January 1, 2004 and $7500 monthly, effective July 1, 2004. There is new wording noting; Effective July 1, 2004 and subject to review upon the employeeÕs next performance evaluation thereafter, pursuant to Section 11 of this agreement, the employee will be entitled to an additional 3.34 hours of combined leave each month. However, this additional leave shall not affect the 8 hour accrual cap nor 40 hour cap on sales of administrative leave and thus is intended to be Òuse it or lose itÓ leave.
Councilmember Carroll offered a motion to approve the contract for City Manager Hendrickson as amended. The motion was seconded by Councilmember Klein.
Mayor Pro Tem Douglas confirmed that the rest of the contract covered existing conditions and any typos or confusing things may be corrected.
The City Attorney affirmed this, but noted that any substantive changes would have to be agreed to by both parties. That would mean coming back to the Council.
The motion was approved as follows:
AYES: Carroll, Douglas, Klein and Millsap
NOES: Borrowe
ABSENT: None
17. CITY MANAGERÕS REPORT
City Manager Hendrickson reported on a letter from the Sanitation District concerning a change in requirements concerning a septic tank monitoring program proposed by the State Water Quality Control Board. La Habra Heights has about 2000 septic systems. For many years LA County has managed a ÒMemorandum of UnderstandingÓ (MOU). The Water Quality Board is requiring the old MOU be replaced by a new MOU. The City must enter into this agreement or allow the Water Quality Board to provide this regulated program. The County does not think they can provide us with this under their umbrella fast enough. The MOU must be submitted to the Water Quality Board by August 20, 2004. If the City signs the MOU then the City must be responsible for the program after October 8, 2004. If the City does not sign the MOU then the Water Quality Board will be responsible to manage the program. They estimate the cost at $800 to $1800 per year for each party. The State noted that they think we can do it for less. Inspections and evaluations will occur from once a year to once every five years. Criteria for how often it should occur have not yet been determined. LA County has not decided whether to sign the MOU or not. We will have more to report on the August 13, 2004 Council Meeting Agenda.
Councilmember Carroll asked the City Manager about a letter received from Thomas Taverney on 756 Patricio.
City Manager Hendrickson explained that Mr. Taverney lives in the Lynch Tract. He has an open ÒVÓ ditch that carries water from the hillsides around his home. The ditch by his home has a rather flat grade to it and water will stay in those flat spots sometimes and dirt will also stay there. Deputy City Engineer Lang has looked at the situation and talked to Mr. Taverney, who wants us to fix and maintain it. It seems the Home Owners Association should be responsible for this. This design was used throughout the Tract.
City Attorney Colantuono explained that Mr. Taverney had contacted the Developer who probably sent him to the City. If it is a construction defect his recourse is with the Developer.
18. CITY ATTORNEYÕS REPORT
Mayor Pro Tem Douglas asked for an update on the initiatives.
City Attorney Colantuono stated that the LeagueÕs initiative made the ballot, and is proposition 65. The GovernorÕs efforts to reach an agreement with 2/3 of each house of the Legislature on an alternative of that measure, has reached a standstill. There are discussions going on trying to bridge the differences. There are proposals to take our money twice every 10 years, as long as they pay us back before the second time. There is some discussion as to whether or not they need a 4/5 vote rather than a 2/3 to take our money.
19. FIRE CHIEFÕS REPORT
Fire Chief Nielsen reported that Class 35 of the fire academy will be graduating on July 31, in the multi purpose room at 10:00 A.M. City Council members and City Staff are all invited.
He noted that a drill is scheduled in the area of West Road and Le Flore on this coming Saturday with the City of Vernon Fire Department and not to be concerned about so much Fire Department activity. There will also be a drill in August and September.
He also assured the residents that the Fire Department has been trained by the Highland Riders on how to handle wild horses in case of an emergency and they do have equipment to hoist them. He stated that they would have air support if a horse needs to be airlifted out.
He explained that some people had spray painted their telephone numbers on the sides of their horses in the fire emergency at Santa Barbara.
20. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang reported that the asphalt overlays are just about finished. Monday they will be cutting in on Reposado where the oil slick is. That will be a problem for one or two days. We will be doing half of the road at a time. Complaints are being handled as they come up. Nothing serious is anticipated.
On the 190 Olinda property, we told their Engineer that they would have to come up with another solution as we found that the property has to drain to a public street, not a private street. He stated that he hoped to have a meeting with them next Wednesday.
Mayor Pro Tem Douglas asked Mr. Lang if the Public Works Committee has come up with any of the emergency items that need to be done in other Districts including any plans for crack seal before this winter.
Deputy City Engineer Lang explained that the Public Works Committee has not done anything, but he and the City Manager have been discussing it. We know some areas that we want to work on, but we do not have any costs for them yet. Once we know how much is left from what was budgeted we can lay out some plans for crack seal and slurry seal on the East side.
21. SHERIFFÕS DEPARTMENT REPORT
There was no Sheriff report.
22. COMMISSION/COMMITTEE REPORTS
City Manager Hendrickson explained that Senior Management Analyst Orchanian told him that the Parks and Recreation Commission are forming an Ad Hoc Committee to look at the trails project. This is encouraged in the General Plan. It will then go to the Planning Commission and then the City Council for approval. He stated that he suggested that they have people interested in horses so equestrian interests are included.
Mayor Pro Tem Douglas suggested that someone should go to the Habitat Authority meetings to make sure the trails do not get connected to closed trails in the Habitat area.
City Manager Hendrickson stated that this will be taken care of because Ken Hughes who is a Ranger for the Habitat Authority is on the Ad Hoc Committee and the Parks and Recreation Commission. This is an information gathering situation.
Councilmember Carroll reported on a meeting of the Contract Cities that he went to. They dealt with the half-cent tax that we considered tonight. Lee Baca was there to talk about it. Mr. Carroll stated that he did not see a lot of enthusiasm for it. He stated that the second issue of interest was proposition 65. He stated that he got the impression that the primary issue they were supporting was that we endorse the agreement between the Governor and Cities, that we forego 2.6 billion dollars over the next two years to help the StateÕs deficit.
Mayor Borrowe brought up an issue he has with the Fire Department. He noted that they were going out of the City to eat together. He stated that he felt this was very wrong and a danger to the City as far as response time. He stated that he has discussed this several times with the Fire Chief and the City Manager and has found it happening three times. He also stated that he got conflicting answers from the Fire Chief.
Fire Chief Nielsen answered that there was not a written policy. He agreed that Harbor and La Habra was too far out of the City and he has advised all of his Captains that they cannot go below Whittier Blvd. He stated that they can go between Macy and Harbor Blvd. He stated that he considers that area in our City limits. We can only fuel at Walnut and Whittier Blvd. He stated that this does not increase the response time for the majority of the City. He stated that now they leave one personnel with the engines to combat theft. Supplies needed south of Whittier Blvd. will be handled by one person in the Utility vehicle.
Mayor Borrowe stated that he followed the fire vehicles to Marie CallenderÕs and he found no one in the vehicles. He asked the City Manager to look at the situation and see what he thinks and bring it back so the City Council can discuss it.
Councilmember Carroll stated that he thought it was up to the Fire Chief to make the policy with the City ManagerÕs approval.
City Manager Hendrickson explained that he has discussed this with the Fire Chief and suggested that a policy be put in writing. He stated that it was not unusual for fire personnel to go eat together. Most cities have a commercial area in their City. We do not. He stated that he thought the response time was a reasonable issue. There must be an area that they should stay in. You never know what area of the City the call will be in.
Mayor Borrowe stated that he would like to see the issue come back as an Agenda item so the Council can decide on a safe policy.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no public comments.
Mayor Borrowe adjourned the City Council meeting at 1:22 A.M. to the next Special City Council Meeting on August 5, 2004 at 7:30 P.M.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON