CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
SEPTEMBER 9, 2004
A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency.
á ANTICIPATED LITIGATION
1 Case
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Meeting of the La Habra Heights City Council at 7:38 p.m. on Thursday September 9, 2004 in the Multi Purpose room at 1245 Hacienda Road.
2. ROLL CALL
Members present were: Mayor Borrowe, Mayor Pro Tem Douglas, Councilmembers Carroll, Klein and Millsap. Also present were City Attorney Levin, City Manager Hendrickson, Fire Chief Nielsen, Sheriff Deputy Bickel, Community Development Director Massa-Lavitt, Deputy City Engineer Lang and Senior Management Analyst Orchanian.
3. FLAG SALUTE
Carol Engelhardt led the flag salute.
City Attorney Levin explained that the City Council met in closed session to consider initiation of litigation under G.C. 54956.9(c). No reportable action was taken. The City Manager was given direction.
4. PRESENTATIONS
á A Certification of Appreciation to Michael Colantuono, for his service as legal counsel to the City of La Habra Heights.
Mayor Borrowe presented Attorney Colantuono with a plaque for his 12 years of service to the City of La Habra Heights and explained that Mr. Colantuono is moving north to open another office. Mayor Borrowe commended Mr. Colantuono for his services. Mayor Borrowe presented Mr. Colantuono with a gift of wine from the Council.
Councilmember Klein thanked Mr. Colantuono for keeping the Council steady.
Former Mayor Engelhardt thanked Mr. Colantuono for the way he handled the wide range of issues that come up as an attorney for a City.
Mayor Borrowe called a short break of the meeting for cake and a social with Mr. Colantuono at 7:46 P.M.
Mayor Borrowe called the meeting back to order at 7:58 P.M. to continue the Presentations.
á Steve Garcia, Advisory Committee Member, Puente Hills Landfill Native Habitat Preservation Authority, update on preservation efforts.
Steve Garcia explained that the Puente Hills Landfill Native Habitat Preservation Authority is in charge of the restoration and acquisition of lands and management of the wildlands that are adjacent to us. He mentioned two new brochures that residents can pick up tonight about the area. There is also an ÒOn the EdgeÓ meeting on October 7, at the Orange Grove Middle School in Hacienda Heights, 7:00 P.M. Mr. Garcia presented a copy of the videotape of ÒLiving On The Urban EdgeÓ to the Council.
Mr. Garcia noted that the Habitat Authority has chosen a consultant, LSA, located in Irvine, to prepare the Resource Management Plan. They will give us guidelines on how to scientifically manage the various aspects of the open space property. A trails plan will also be generated. There will be meetings for Community input.
Mr. Garcia also mentioned that the underpass project at Harbor Blvd. is moving forward. This is a joint process between the Habitat Authority and the Public Works Department of Los Angeles County. The Public Works Department is processing all of the documentation and will present it to the City Council and the Board of Supervisors. Approval is estimated about May of 2005 and there will be about 6 to 8 months of construction.
Mr. Garcia explained that the Habitat Authority is continuing to do Weed Abatement in accordance with the CityÕs requirements and pays the bills for this clearance.
Mr. Garcia noted that the biologist is moving along with the restoration work and he presented the Council with pictures of the areas being worked on. The entire process takes 3 to 4 years. The project will include planting wildflowers along Harbor Blvd.
Mayor Borrowe commented that the Habitat Authority has opened a trailhead for hiking in the Los Palomas area, which is greatly appreciated.
á A Certification of Appreciation to David Ogilbee, for his service as a youth worker with the Youth Employment Program.
Senior Management Analyst Orchanian commended David Ogilbee for his work and dependability.
Mayor Borrowe presented the Certificate of Appreciation.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to Committee efforts in Emergency Preparedness.
Kathy Sauble explained that the monthly theme this month is ÒShelter in Place, or EvacuateÓ. To shelter in place, you will need to plan and arrange for supplies that you may need.
Ms. Sauble explained that the Emergency Preparedness Committee is working on updating the City map and will mark different locations to enter and exit the Heights in case of an emergency. When finished, it will be made available to residents.
á Public Works Committee.
Jerry Shipman, Chairman of the Public Works Committee, explained that the Committee had divided the City into five sections for maintenance. The worst section was the northwest section and this year we were able to finish most of the area from Hacienda Road to the west. This covers two sections and there is just a small amount of work left to do. The price for the work was very good. We will discuss if it is possible to do a third section this year and if so, decide which one.
Mr. Shipman explained that Marsha Coolidge has resigned from the Committee and Les Williams, the former Chairman is moving. He noted that Marsha Coolidge is in the slurry business and Les Williams in the asphalt business. We actually could use some new members, especially someone who knows roadwork. He noted that their meetings are on the third Monday of the month. He also stated that a new person would be assigned a section of the City and be required to drive around that section and evaluate it. If anyone calls about a problem the person would check it out and arrange a resolution.
Mayor Borrowe commended the Committee for their volunteer work.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Kathy Sauble showed a picture of a lost dog that she is keeping in her yard and will attempt to find the owner.
Ms. Sauble announced the Holiday Boutique that is coming up on October 16 from 9:00 A.M. to 3:00 P.M. at The Park. There will also be a Car Show from 10:00 A.M. to 1:00 P.M. Trophies and cash prizes will be awarded at 1:00 P.M. There will be no entry fee, although an entry form must be filled out. The vendors for the event will have a 10X10 space for $25. Applications are at City Hall.
Ms. Sauble stated that the Parks & Recreation Commission needs three alternates. She noted that their meetings are the first Wednesday of the month at 7:30 P.M. in the multi purpose room.
She also stated that the Emergency Preparedness Committee meetings are the first Wednesday of each month at 1:00 P.M. in the Fire Department training room.
Lara Orchanian announced that this Saturday, September 11, from 8:00 A.M. to 12:00 P.M. we have our Clean-Up Day, hosted by Waste Management at the upper parking lot at The Park. She noted that everyone must bring their I.D. since it is necessary to be a resident of La Habra Heights. Bulky items, even green waste may be included, but no hazardous waste.
Tom Minich, La Habra, spoke about the run off water from 190 Olinda. He asked for an up-date of the situation.
The City Manager answered that the S.U.S.M.P. has been in place, but is not exactly as advertised and the Council has directed him to meet with the Engineering Company to propose alternatives. He commented that we will pursue this.
Mr. Minich stated that there was another runoff issue in the southeast corner of the property.
The City Manager stated that we will address both issues.
Mr. Minich reminded the City Manager that the rainy season is very close and nothing has been solved since May.
City Manager Hendrickson noted that he will consider this in his instructions to the Engineering Company. Mr. Hendrickson stated that he will report to the Council at the next meeting and will also contact Mr. Minich directly.
Doris Lynch, Coban Road, spoke of an art gallery in La Habra at 215 Orange. She stated that it offers art classes for all levels and in most art medians. It is open on Wednesday through Saturday, 1:30 P.M. to 4:30 P.M. Her work is being shown until September 30. She stated that there will be a reception on Sunday, September 11, 2004 from 2:00 P.M. to 4:00 P.M.
Bruce Thomas, Panchoy, spoke of the embarrassment caused by the issue of firemen eating at a restaurant on Whittier Blvd. He felt that criticism should not have been offered in public. He strongly felt it should have been handled through the chain of command in the Fire Department. He also stated that he felt they now have the very best Chief they have ever had and in his opinion this issue has affected recruitment efforts.
Stan Quade, Encanada, presented the City with a beautiful lectern that he designed and constructed in a total of about 100 hours.
Mr. Quade commented that the City Council is able to help people who come to them when dealing with the City for permits, etc.
Norm Zezula, stated that he is a long term resident and has great respect for the Fire Department and the Fire Chief. He stated that the Fire Department should not expect to never be criticized by the people. He stated that no Councilmember should feel reluctant to offer public criticism of the Fire Department. If we created a Fire District they would be independent of the City.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – AUGUST 2004
Councilmember Millsap asked City Manager Hendrickson why the ÒMonthly Motor Vehicle License FeesÓ on page two is blank.
City Manager Hendrickson stated that the information evidently had not come in by August 31st. To his knowledge they have not stopped the payment.
Councilmember Klein offered a motion to receive and file the August 2004 warrants as presented in the amount of $539,422.37. The motion was seconded by Mayor Pro Tem Douglas and was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – JULY 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 City 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 if we have received a deposit from BSI.
Mr. Hendrickson answered that we have not. He stated that we have asked for a deposit and have not received one. He stated that he will contact the BSI President and he will see that it is done.
Mayor Pro Tem Douglas offered a motion to receive and file the July 2004 TreasurerÕs Report as presented. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
7. APPROVAL OF MINUTES Minutes of a Regular Meeting of the City Council of July 8, 2004 and Special Meeting of the City Council of August 5, 2004.
Mayor Pro Tem Douglas asked if the question he had asked in the first paragraph on page 26 of the July 8 minutes regarding repair emergencies was answered by the Public Works Committee.
Deputy City Engineer Lang stated that he did not think there were any such emergency items that need road repair before winter in the east Heights.
Mayor Pro Tem Douglas asked if the cracks in old Fullerton Road had been taken care of.
Deputy City Engineer Lang stated that he would look into it. He explained that any cracks that are over ¼ inch in width will be rubberized crack sealed. He noted that they were also looking in that area for anything that needs repair, such as potholes.
Mayor Pro Tem Douglas asked if there is continuous disposal of water that causes damage to the road can we act to prevent the continuation of this routine.
Mr. Lang stated that he thought the City should be able to control this now.
City Manager Hendrickson explained that the Administrative citation should be able to work in this situation.
Councilmember Millsap stated that on the first page under Roll Call; add an ÒeÓ to the name ÒBorrowÓ. Ms. Millsap also noted that on page nineteen, third paragraph from the bottom, she would like the tape checked to see if this statement is correct.
Mayor Borrowe stated that he has follow-up questions on page eleven; where he noted that they had discussed the possibility of the Fire Department placing communication systems on the KOCE tower. Mr. Borrowe asked if Chief Nielsen has looked into this yet.
Fire Chief Nielsen explained that they have checked and found through the GIS system that they would only gain eighteen feet to be on the larger tower and would cost us about $7,000. Our communications advisor stated that this would not be worth the gain of 18 feet. We are currently looking to upgrade our present system and that will improve our situation considerably.
Mayor Borrowe asked if this new system will take care of the problem caused by lightning strikes.
Chief Nielsen stated that he is consulting the communications people on this and if it can not be done then he will consider using the KOCE tower.
Mayor Borrowe asked how the selling of obsolete equipment was progressing.
Mr. Nielsen stated that they are placing an ad in the Fire Trader. He will check with the City Attorney to make sure it is properly stated. It should be advertised this week.
Councilmember Carroll offered a motion to approve the July 8, 2004 City Council meeting minutes as amended. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Millsap noted that on page three of the August 5, 2004 Special City Council meeting minutes, mid page, change ÒCommissioner CarrollÓ to ÒCouncilmember CarrollÓ. Ms. Millsap also noted that on page twenty-seven, first paragraph, change ÒcommissionÓ to ÒCouncilÓ.
Mayor Pro Tem Douglas noted that on page five it discussed placing delinquent payment of weed abatement charges on the tax roll. Mr. Douglas asked if there was a summary list of those who never do take care of the weed abatement and that we always have to take care of. This would give us some idea of when we would inherit the property and that if there is not a list we can discuss it later.
Mr. Douglas commented that on page nine they had discussed the Congestion Management Mitigation Plan (CMP). He had wondered if there was a chance that we might be ordered to do something to improve Hacienda Road traffic because we get some gas tax and use it there. He asked if there was an up-date on the subject.
Community Development Director Massa-Lavitt noted that they have just received the County CMP plan and she could probably have something ready for the next meeting.
Deputy City Engineer Lang stated that he had experience with such plans and they usually have a credit and debit connected with them. It is actually a control on growth measure. It is connected to development and growth of traffic caused by it. We are in good shape on the credit side. The building of homes should not affect us negatively.
Mayor Borrowe noted that he had discussed having new instructions of things for the VOPs to watch for at The Park. He asked the City Manager if this had been done.
City Manager Hendrickson asked if the VOPs had received a new list from the Sheriff Department.
Mayor Borrowe stated that he had not seen one.
Mayor Borrowe also asked if the City Manager had been able to contact someone in charge of the school buses to have smaller buses in the Heights.
Mr. Hendrickson stated that he had not, but since school is back in session it should be easier to contact the right person.
Mayor Borrowe asked if the County was going to take care of their weed abatement.
Fire Chief Nielsen stated that he had received an e-mail on September 8, saying they would do it in a week.
Mayor Borrowe asked if the issue of the speed monitors has been resolved by the Sheriff Department.
Deputy Bickel answered that they are resolving some equipment problems and training new Deputies. He stated that there are two monitors, one at station five and one at City Hall. They will deploy more them frequently soon and will probably store the smaller one at The Park.
Councilmember Millsap offered a motion to approve the August 5, 2004 Special City Council Meeting Minutes 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
PUBLIC HEARINGS
8. STANDARDS MODIFICATION (SM) 2003-07 AND CONDITIONAL USE PERMIT (CUP) 2004-17 AND A MULTI LOT DEVELOPMENT (HQT HOMES) 2023 SHARPLESS DRIVE.
Standards Modification 2003-07 (SM) for view preservation to exceed the 500 square foot building area and 16 feet in height limitation and a Conditional Use Permit to exceed the 1,000 cubic yards of import/export grading limitations and a Multiple Lot Development Project for construction of a residential dwelling.
RECOMMENDATION: Adopt Resolution No. 04-36 approving Standards Modification 2003-07, Conditional Use 2004-17 (2023 Sharpless Drive – Parcel 3).
Community Development Director Sandra Massa-Lavitt presented the staff report on the above project. She explained that the project consists of two lots, Parcel 3 at 2023 Sharpless Drive and Parcel 2 at 2033 Sharpless Drive.
Item 8 is for Parcel 3. Item 9 covers Parcel 2. She stated that they are separated in case only one of the items can be approved.
Parcel 3 has been revised. It is a 3700 square feet single story residence with an attached 3-car garage on a 40,075 square foot lot. During the Planning Commission consideration there was concern for view obstruction and neighborhood compatibility. The applicant did reduce the square footage of the project. Parcel 3 has a driveway that will serve both lots. The driveway has been moved over from the original placement. Reducing the square footage of the house reduced that massing of the roof and the impact of the view obstruction that was caused by the original design. They actually removed 400 square feet from the original design and the garage has been tucked under the house.
Ms. Massa-Lavitt stated that we have conceptual landscape plans for the project. The applicant has agreed to landscape the rear of the lot so that it will not exceed 10 feet in height at maturity.
Retaining walls were reduced and none of them exceed 5 feet in height.
Soil will need to be brought in to the site and that will involve approximately 300 single truck trips to the site.
She stated that the Planning Commission recommended that the Council adopt the CUP and the SM and staff recommends that the Council adopt the resolution with the conditions of approval.
Councilmember Millsap stated that she has a letter written by Mr. Sid Scotten. He was concerned that there has been no geologic study to account for possible soil movement in the event of a severe swarm. She noted that today she saw a soil company taking borings of soil. She asked if this takes care of Mr. ScottenÕs concerns.
Ms. Massa-Lavitt answered in the affirmative and noted that this was required for the plan check. She stated that his concern was related to soil stability also due to the tree removals. They will have to retain a tree removal permit. She explained that the driveway originally being so close to the next property was addressed at the Planning Commission Meeting. The slope of the soil and the separation of the driveway from the edge of the property seemed to satisfy the Commission in the terms of its appropriateness and should take care of Mr. ScottenÕs concern with the slope stability. They were aware of the lights and noise that would come from the driveway. The applicantÕs Engineer can probably answer more questions.
Councilmember Carroll asked how many feet the present planned driveway is from the original one planned.
Ms. Massa-Lavitt explained that it varies from 20 to 40 feet back. She explained that this was partly done to avoid the grading in that slope where the original driveway was planned. There will at least be less grading.
Mayor Borrowe opened the Meeting for public comment.
Don Huennekens, co-owner, expressed that they have met with their neighbors and have tried to take their concerns into consideration in this project. He stated that he did meet with Sid Scotten on August 31st. He stated that they tried to accommodate all of his concerns.
Mr. Huennekens noted that as far as the dirt is concerned, it is an export situation not an import. He also pointed out that one of the pictures in the staff report was an earlier version and does not reflect the present plans or story poles.
Mr. Huennekens explained that he made changes to address the RossÕs concerns by eliminating a library and an exercise room and tucked the garage under the house. This reduced the massing of the house and roof.
Mrs. Ross concurred with Mr. Huennekens statements. She also felt that it was now more in keeping with the homes in the neighborhood and will be screened.
Councilmember Millsap asked if the fountain was on Mr. Huennekens property.
He answered in the affirmative and stated that if it is possible to somehow adjust the property line, we will do so to make it on the RossÕs property.
Mayor Borrowe commented that in his opinion this was a good example of residents, builder and the City getting together and working out the issues. He stated that he especially liked the limit on the height of the foliage for view preservation.
The Community Development Director explained that before the applicant can receive a building permit they have to turn in an approved landscape plan that has been reviewed by the Planning Commission.
Councilmember Carroll asked why 15 sets of the landscape plan are needed.
Ms. Massa-Lavitt stated that they are distributed to other Departments and they use some when requested by residents surrounding the property. She stated that they use up to 11 or 12 copies.
Mr. Huennekens stated that due to the cooperation of everyone, he actually ended up with a better project than they started out with.
Mayor Pro Tem Douglas stated that he agreed that the cooperation had been very good. He expressed his opinion that this did not need to come to the Council. He stated that he could support the Planning Commission recommendation.
Councilmember Carroll added that he thought the applicant had done a very good job.
Mr. Huennekens noted that since most of the impervious coverage for the driveway is on one lot, it would be helpful if they could somehow average it out between the two lots that use that driveway.
Mr. Carroll asked why on page 4, item 3 it mentions replacing the 24Ó box trees with 15 gallon California Walnuts.
Mr. Huennekens explained that Commissioner Garcia wanted Walnut trees and the smaller trees of this type take hold better than larger ones. The Planning Commission did spend quite a bit of time on the preliminary landscape plan.
Mayor Borrowe returned the meeting to the Council.
RESOLUTION NO. 04-36 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS RECOMMENDING APPROVAL OF STANDARDS MODIFICATION 2003-07 AND CONDITIONAL USE PERMIT 2004-17.
Councilmember Carroll offered a motion to adopt Resolution No.04-36, CUP 2004-17 and SM 2003-07. (2023 Sharpless Drive – Parcel 3). The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. STANDARDS MODIFICATION 2003-06 – AND CONDITIONAL USE PERMIT (CUP) 2004-16 AND A MULTI LOT DEVELOPMENT (HTQ HOMES) 2003 SHARPLESS DRIVE.
Standards Modification 2003-06 (SM) for view preservation to exceed the 750 square foot building area and 16 feet in height limitation and a Conditional Use permit to exceed the 1,000 cubic yards of import/export grading limitations and a Multiple Lot Development Project for construction of a residential dwelling.
RECOMMENDATION: Adopt Resolution No. 04-37 approving Standards Modification 2003-06, Condition Use 2004-16 (2033 Sharpless Drive – Parcel 2)
Community Development Director Massa-Lavitt presented the staff report on Parcel 2 at 2033 Sharpless Drive. This project is a two-story structure. She stated that this does not impact the RossÕs view. The project does comply with the grading and impervious coverage restrictions. There is one retaining wall that exceeds the limit and it is 6Õ6Ó. The Commission did not believe that the amount has a significant impact and recommended that the Council approve CUP 2004-16 and SM 2003-06 with the accompanying conditions.
Mayor Borrowe stated that the Council received a corrected copy of Resolution 04-37. He asked what the differences were from the original one in their packet.
Ms. Massa-Lavitt answered that there were some fugitive sentences that were in the resolution that did not belong there. They did not pertain to anything and we eliminated them. She noted that there are still a couple of clerical mistakes in the resolutions pointed out by the City Attorney and we will correct them.
Mayor Borrowe asked that in the future she attach a note explaining the changes.
Mayor Borrowe opened the meeting to any further comments.
Mr. Ross recognized the efforts of the City Attorney. He also commented that in his opinion good things happen when citizens get to speak their thoughts and everyone working together brings good results. He also noted the hard work by the Planning Commission.
RESOLUTION NO. 04-32 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS RECOMMENDING APPROVAL OF STANDARDS MODIFICATION 2003-06 AND CONDITIONAL USE PERMIT 2004-16.
Mayor Borrowe returned the meeting to the Council.
Councilmember Carroll offered a motion to adopt Resolution No. 04-37 approving SM 2003-06 and CUP 2004-16 (2033 Sharpless Drive – Parcel 2). The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10. PUBLIC HEARING FOR RESOLUTION NO. 04-38 – PLACE DELINQUENT WEED ABATEMENT ON TAX ROLL.
Request for authorization to place weed abatement charges on tax roll of property owners who have been uncooperative in trimming their weeds and have neglected to pay the cost the City has expended to get these weeds trimmed.
RECOMMENDATION: City Council approve the placement of charges on the property ownersÕ tax roll.
City Manager Hendrickson stated that in order for charges to be on the roll they have to be in by August 10. If not in time for this year they will be on the next tax roll. We will be bringing the lists of delinquent weed abatement charges from time to time. They will all get on the tax roll in one year or the next.
Mayor Pro Tem Douglas noted that it would be nice to see what type of parcels continue to cause the problem, such as land-locked parcels. He stated that he would just like the information.
City Attorney Levin stated that Exhibit ÒAÓ should be re-titled to read ÒEXHIBIT ÒAÓ TO RESOLUTION NO. 04-38 – LIST OF ASSESSMENTS FOR COSTS OF WEED ABATEMENT.Ó
RESOLUTION NO. 04-38 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CONFIRMING A REPORT ACCOUNTING THE COSTS OF WEED ABATEMENT AND CONFIRMING AND ORDERING THE ASSESSMENT OF SUCH COSTS.
Councilmember Klein offered a motion to approve Resolution No. 04-38 to place the charges for delinquent weed abatement on the owners tax roll. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
11. IT IS RECOMMENDED THAT ITEM 11 BE ACTED UPON BY ONE MOTION OF THE CITY COUNCIL UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A COUNCILMEMBER OR A MEMBER OF THE AUDIENCE.
HEIGHTS CHRISTIAN SCHOOL PROJECT.
August 2004 StateÕs Report for Heights Christian School.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Douglas noted that in the last paragraph of their letter they say that we have decided to relocate our Fire Department and City Hall which is not true.
The City Manager stated that he met with them and explained that we have not made the decision to relocate, only to buy the property.
Councilmember Klein offered a motion to receive and file the Heights Christian School Report. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
12. CONSIDERATION OF OPTIONS FOR AMBULANCE SERVICES – AUTHORIZE CONTRACTING WITH THE CITY OF LA HABRA OR AUTHORIZE IMPLEMENTATION OF ÒPARAMEDIC-TO-FIREFIGHTERÓ PROGRAM.
RECOMMENDATION: City Council discuss and approve the revised paramedic/ambulance contract with the City of La Habra or approve City operated Paramedic Program.
City Manager Hendrickson reported that the City has progressed to a tentative agreement with the City of La Habra. The City Attorney is still working out some technical language in the agreement. He stated that he is not asking the Council to approve that agreement tonight and one reason is that they have not included their agreement with the County of Los Angeles Fire District on which that formal agreement would be based. Until that is formalized we need to wait. La HabraÕs City Manager has agreed to continue service to us based on an estimated cost of the service which is approximately $15,000 to $16,000 per month. Mr. Hendrickson stated that he is not recommending the in-house service at this time, but to consider authorizing staff to seek a permit issued by Health Department Services. He stated that he still has some concerns. This will allow the Council and the public to make comments and ask questions. We also need to consider Item 13 on how we will fund any service. Whatever choice we make, it will cost more.
Fire Chief Nielsen stated that the Fire Department has always wanted to serve the residents in the best way possible. We do consider paramedic service necessary for the residents. He also stated that Bryan Woodruff, his paramedic coordinator, is here to speak tonight. He is a Quality Assurance/Quality Improvement coordinator and a nurse educator. He will be able to answer all technical paramedic questions.
Councilmember Carroll mentioned a letter to Dr. Koenig which mentions that we are asking for the use of Òstanding field treatment protocolsÓ. What is this?
Bryan Woodruff explained that since there are some areas in La Habra Heights that do not have good radio contact, it would be good to have the option of using the Òstanding field treatment protocolsÓ, which are treatments that can be followed without radio contact with the doctor at their assigned base station. Many Fire Departments do use this system. Our base station would be Whittier Presbyterian Hospital. Mr. Woodruff also noted that there is a large scope of practice that does not require contact with the doctor before starting them. He explained that there are many calls where treatment is required, but they are not critical and are in stable condition. Mr. Woodruff noted that in his opinion this will come to be the usual practice for everyone. After the routine treatments we would report it to the base station and they would tell us if they want us to do anything more before transporting.
Fire Chief Nielsen explained that in the beginning he was concerned with the radio communication in our area, but he finds that the radio communication is better than he thought and they will be making some adjustments that may make it even better.
Councilmember Carroll asked if it would make a difference how much experience the paramedic has.
Mr. Woodruff stated that in his experience they are all certified and should be competent.
Fire Chief Nielsen stated that he requires one year of field experience and that includes 911 experience, inter-facility transportation and emergency room as part of their internship. They also have to continue their education.
Councilmember Millsap gave an example that if someone cut themselves, the paramedic would know to stop the bleeding without calling the base station.
Mr. Woodruff explained that if someone had chest pain, but was stable they could go ahead with the usual treatment, but if they were not stable the base station would have to be contacted first.
Councilmember Millsap asked on page 4, question 6, if the coordinator would see that all of the forms were filled out, everyone was doing what they are supposed to do and the medication is there and not expired.
Mr. Woodruff stated that it was correct; he would supervise as the paramedic coordinator, nurse educator and QI coordinator.
He stated that he would get the program up and running during the first year and then someone else would need to take his place.
Councilmember Millsap asked how much time he thought it would take to get the program running per week in that first year.
Mr. Woodruff stated that he did not know how long it would take.
Councilmember Millsap asked about question 8 on page 5. She asked if our paramedic would have to go into La Habra on a reciprocal basis.
Chief Nielsen stated that this would have to be in the agreement. We could say no if that is what we want. This could change if LA County comes in to La Habra. It could happen on rare occasions. We have actually worked with BreaÕs paramedics on La Habra calls.
Councilmember Millsap stated that she thought response time for paramedics was very important.
Chief Nielsen stated that if paramedics are stationed at our station 1 it would improve response greatly. Getting treatment started is more important than the time it takes for the ambulance to arrive.
Councilmember Carroll asked Chief Nielsen to clarify the $85 mentioned on page 6 in the last paragraph.
Chief Nielsen noted that this is a pass through agreement with AMR that for each person they transport from our City, they will reimburse us with $85.
Councilmember Carroll asked for information on response time during the last year on each call for the ambulance and the paramedics, the background of the paramedics used and how often they did not respond or we had to call a second unit. He also stated that it would be interesting to know if there is any difference in the degree of training and experience in the Orange County paramedics and the Los Angeles County paramedics.
Chief Nielsen stated that this would take some time to gather this information. He also explained that at present the paramedics come with La HabraÕs engine, but do not come with the ambulance. The paramedics from La Habra are firefighters.
Councilmember Carroll asked the Fire Chief where he plans to recruit the paramedics from and what he would use as an inducement.
Mr. Nielsen explained that they did not have to recruit. Just by word of mouth we already have 48 applications. They are very qualified applicants. La Habra Heights has a very good reputation for training fire fighters. These paramedics can receive the firefighter training without having to leave their paramedic jobs, their families or put out money to get the training. The firefighter training will not take them away from serving as paramedics during the time they are with us. They still can serve us as paramedics. This is of great interest to them and that is why we have had so many applicants. He stated that most of them come from AMR. We already have 4 paramedics working for us as firefighters and they have entered their applications. We also have a few that are on private assignments as paramedics.
Councilmember Carroll noted that AMR paramedics would not be first in so they would not have their experience increased as first responders.
Brian Woodruff explained that AMR has a very large area and the paramedics are running as first in for some areas. Many of those not running as first in are working with other fire departments as paramedics. They often work in Counties where the paramedics are first in. The City of Vernon does use AMR as their first in paramedics. He stated that he works for AMR in the City of Vernon.
Councilmember Millsap asked if a resident dials 911, what do we get.
Chief Nielsen explained that the call goes to Industry sheriff station and they determine the type of call and if appropriate send the call to our fire department. The dispatcher at our fire station would dispatch our fire engine and squad with our EMTs. Our dispatch will then call La Habra Police Department and they will then send the paramedics and the ambulance to the incident. If the patient needs treatment at the scene and also in the ambulance, the paramedics will shift from the La Habra fire engine to the ambulance. The La Habra engine would follow the ambulance to the hospital.
Chief Nielsen explained what would happen if the call came from a cell phone. You will be directed to the CHP. It may be difficult to explain to the CHP where La Habra Heights is located. This will take time for them to figure out which local agency unit to send. This can cause a serious delay. He stated that he has worked with the CHP office that is in Santa Fe Springs to help them know where we are. The trouble is that depending on the cell phone company the call may be directed to San Clemente. The concern is the delay that can be caused.
Mayor Borrowe asked Chief Nielsen what equipment would be needed for the in-house program.
Chief Nielsen stated that the most important item is LIFEPAC equipment and Advanced Life Support equipment. He stated that they should be able to use the equipment they already have for the Base Radio mentioned in his report. It will be necessary to have medication and supplies.
Mayor Borrowe noted the first page of this report under Recommendation. He asked what the last sentence means under the first bullet where it states that it can be difficult to schedule enough staff to meet changing circumstances.
Chief Nielsen explained that after an Academy ends we have an average of 8-10 personnel on each shift. Slowly our numbers go down as some of the firefighters get hired by larger Fire Departments. The firefighter/paramedic program would guarantee us two more people for each shift and this would keep each shift nearer to ten in number.
Mayor Borrowe asked if they have talked to an attorney yet about the possibilities of liability or medical malpractice lawsuits.
The City Manager stated that he has discussed the subject with Cal CJIA and they do not differentiate between firefighters and paramedics either way because there has not been much difference in the number of incidences between firefighters and paramedics. They stated that they have about 16 cities that have paramedics that are covered. He stated that he did not ask specifically if they cover malpractice. We do need to look into this.
Fire Chief Nielsen stated that he is asking for a letter from the Council and the City Manager to continue our application for approval of a permit for paramedics from the Health Department.
Councilmember Carroll commented that in the figures Freddie Vernon used in the report he used 25 hours per day to multiply instead of 24.
City Manager Hendrickson explained that going ahead with the Health Department does not commit the City to the in-house program. It will probably take about two months to get their approval, so it is good to go ahead with this step. He stated that he still has several questions.
John Beau stated that he has talked to many people and their main concern seems to be response time. He stated that the second concern is which hospital they can be taken to. People seem to want to go to different hospitals but they donÕt always have an option. He stated that he would willingly pay more for a good response time.
The meeting paused for a tape change intermission at 10:58 P.M.
Mayor Borrowe returned the meeting to the Council at 11:10 P.M.
Councilmember Carroll asked Chief Nielsen to answer the questions raised by John Beau.
Chief Nielsen stated that Whittier Presbyterian would be the base hospital for us. He also stated that the patient will be given a choice to go to Saint Jude, Whittier Community or Whittier Presbyterian. You would have to argue a lot with La Habra to have a choice, possibly because they would not want to be gone from La Habra longer than necessary.
Brian Woodruff further explained that Los Angles County is very crowded and bed availability is a big part of the decision. There is also a stipulation that if the patient wants to go more than 20 minutes out of their response area they can say no because that will keep them from helping someone else. He stated that if the patient is stable and can be transported in a non-paramedic ambulance you can increase the distance quite a bit. There are many factors that should be considered in the choice. In our situation, Whittier Community is the closest Hospital and then Whittier Presbyterian is next.
Chief Nielsen explained to John Beau that one reason an ambulance has to be called in for transportation is that La Habra Heights had not provided any kind of transportation before 1984 and we are not allowed to obtain a permit for transportation and billing due to the Health Code. Response time due to having two paramedics on our rescue squad will be shortened, because treatment can be performed on scene much sooner than we can expect an ambulance to arrive at present. Treatment beginning sooner is so important to stabilizing a person and possibly saving a life.
City Manager Hendrickson explained that what is wanted tonight is for the Council to authorize the City Manager to write a letter on behalf of the City Council authorizing application for a paramedic permit for the City of La Habra Heights.
Councilmember Klein clarified that this gets the request for a permit started but does not commit us to the paramedic program.
Councilmember Klein offered a motion to proceed with the letter asking for a paramedic permit and bring the subject back. The motion was seconded by Councilmember Carroll.
Fire Chief Nielsen commented that when they have time to look over the information they will have more questions and they may call him about them and then more will come up at the next Council Meeting that will be answered. He stated that he has put the time in this proposal because he feels the residents deserve the best.
City Attorney Levin explained that questions can be sent to the Chief and answers to the Councilmembers can be part of his report. What you have to be careful of is not to have all five members engaging in a dialog with the Chief because this could lead to the appearance of misconduct.
Councilmember Klein suggested that the questions go through the City Manager and the answers be brought back at the next meeting.
Mayor Pro Tem Douglas noted the $85 pay back from the ambulance company. He asked what the typical ambulance bill is from La Habra Heights to a hospital.
Fire Chief Nielsen stated that the base fee is $168. Medication and equipment used is added to this. The average fee is approximately $900.
Councilmember Carroll asked if there was more information about if it is possible to have insurance for us like La Habra has for approximately $36.
Chief Nielsen stated that all of the cities that have such a program have their own ambulance transportation. Other cities state that they do not want to go into the insurance business. The $36 does not cover everything. It only covers the situation when the residents main insurance does not cover the whole charge, the resident cannot be charged for the uncollected part. If they have no insurance they are billed. Also, the startup costs are very high for such insurance.
Councilmember Carroll directed Chief Nielsen to look into the situation a little further.
The approval of the motion to go ahead with the request for a paramedic permit was as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. AUTHORIZE DEVELOPMENT OF ASSESSMENT TO PAY FOR INCREASED AMBULANCE/PARAMEDICS COSTS.
RECOMMENDATION: City Council discuss placing on ballot an increase in fire fees to offset the increase in ambulance/paramedics costs.
City Manager Hendrickson reported that this item was continued from the August City Council meeting. He stated that whatever type of service we end up with, our cost is going up considerably. Under the present scheme with the fire fee, we can only collect $105,000 more. This is less than what we will need for either type of system. Whatever method we decide on, we will need to have more money to pay for paramedics. He stated that he does not see that the Council wants to go without paramedics for the community. It does not seem that we can go on a pay as you go basis and there will be stand-by costs to pay. Unless we increase the fees somehow it will have to come from the General Fund which will not last long at that rate.
Councilmember Carroll stated that since we do not know which system we are going to follow or how much it will cost, he would be opposed to asking the voters for a separate increase of fees at this point.
Councilmember Klein stated that he did not think it is prudent to use up our reserves. He stated that he thinks we have a close enough idea of how much it will cost to plan for it. He noted that he feels the community should pay as we go and then go to the voters later to increase the fire fee.
City Manager Hendrickson explained that in order to get the increase on the ballot, we would have to pass a Resolution no later than the November meeting. We might want to look at a fee for paramedics that is a little higher than the $85 mentioned tonight.
Councilmember Carroll stated that he is in favor of using some of the General Fund.
Mayor Pro Tem Douglas noted that he did not think it was good to run down the reserves as we have several other things we will have to pay for also.
Councilmember Klein expressed that at the October meeting he is hoping to see many residents here to express their opinion on the subject.
Mayor Borrowe asked if the subject is in the next Top of the Heights newsletter.
The City Manager answered in the affirmative.
Mayor Borrowe stated that he agreed with Mr. Carroll that we do not know yet how much we actually need and donÕt want to ask for more than we really need.
Councilmember Millsap explained that we do know it will be between $150,000 and $200,000 per year and it will go up.
Councilmember Klein explained that if it is put on the tax bill, it will spread the cost out over the whole community rather than on the number of calls.
Mayor Borrowe pointed out that not everyone living in La Habra Heights has a high income. Some are on a very limited income.
Councilmember Millsap asked that the City Manager make sure the dollar amounts that would be on the tax bill are stated in the article in the Top of the Heights.
City Manager Hendrickson stated that some of the ideas mentioned tonight will have to be discussed with the City Attorney to make sure it actually can be billed to people.
The City Council took no action on Item 13 and directed that it be continued to the October Council meeting.
ADMINISTRATIVE REPORTS
14. CITY MANAGERÕS REPORT
City Manager Hendrickson stated that he had taken care of the further tests that the Council directed him to have on the County property they are buying. The tests for the oil that had originally been found came up as Ònot detectedÓ in an amount that would be prohibitive but there was some chlordane detected in the soil, which caused him to have the fish tox test performed and the results were that we passed that test. Mr. Hendrickson stated that he would like the Chemist that we previously talked to also go over the results. He stated that these tests cost less than $1,000.
Mr. Hendrickson stated that next week is the League of Cities convention. He asked who was going to that.
Councilmember Carroll stated that he was going.
Mr. Hendrickson stated that he would also go. He noted that a lot of interesting things might be discussed at the convention. They will probably discuss budget issues and the ballot issue 1A that puts a limit on what the legislature can take from the cities without going through a much more regulated process. He further stated that the CAO of the County of Los Angeles along with the auditor have suggested that the cities are only paying about one-half of what police services are costing. There is going to be a further study of this. The League of Cities does have a committee looking in to how they arrived at these figures. He stated that he is on another committee that will look into alternatives if it turns out that we do owe for some services.
Councilmember Carroll asked Mr. Hendrickson if he had looked into cost of Whittier police services for us.
City Manager Hendrickson answered that he was going to and when this other issue came up he thought he would wait and see how it turns out. We will also look into several other ideas.
15. CITY ATTORNEYÕS REPORT
The City Attorney had nothing to report.
16. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
á Community Development Reports for August 2004
Community Development Director Massa-Lavitt reported that there are 102 open building permits; there are 38 open planning files for either administrative or Planning Commission approval. There are 27 open code enforcement cases going on at various stages of enforcement. There are 4 cases that are currently with the prosecutor in the courts.
Mayor Pro Tem Douglas thanked Ms. Massa-Lavitt for compiling the report. He noted that code enforcement is a very time consuming process.
17. CITY ENGINEERÕS REPORT
Deputy City Engineer Lang reported that the road work has gone very well with few complaints. He stated that thanks to information given by John Smith we got a better job at a lower cost for the overlay.
18. FIRE CHIEFÕS REPORT
Fire Chief Nielsen asked if they want an answer to each question in the e-mail.
Councilmember Klein answered in the affirmative and asked that he bring the answers to the next meeting.
Mayor Pro Tem Douglas noted Chief NielsenÕs summary for the past five years and he asked if EMS was EMS alone. He asked if there could not be medical aid in a fire call or a traffic accident.
The Fire Chief answered that it is strictly calls for medical aid. We could render medical aid at other types of calls, but to count every time medical aid was rendered would give a false idea of how many calls we have.
Mayor Pro Tem Douglas stated that it would give more of an idea of the importance of the EMT technicians. He stated that he would like to know the number of calls where EMTs were used.
Fire Chief Nielsen stated that we do not have many hazmat calls. Investigations can be fireworks or a smell of smoke. A public assist is just anything someone needs help with that is not in one of the other categories. He also answered Mr. Douglas that we have two stations; station 1 and station 5 located on Vista at Harbor behind the church school. We do not have any equipment anywhere else at the present time.
Mayor Borrowe asked if we own or lease the land at station 5.
Fire Chief Nielsen stated that he thought that the agreement with the church is that we park in the garage and then we take care of their weed abatement. We do pay a monthly fee to the water district because we are hooked up to their water.
19. SHERIFFÕS DEPARTMENT REPORT
Deputy Bickel reported that Don Chilson has just been certified by the County Sheriff Department as a Disaster Communicator for the Mobile Command EOC trailer. In about three weeks it will be moved here to the fire station. DCS will be doing training here.
Mayor Pro Tem Douglas asked Deputy Bickel if it was appropriate for the Sheriff Department to stay involved with serving warrants on code enforcement cases along with Barbara Doppieri even on seemingly routine cases.
Deputy Bickel stated that it was more on a Òkeep the peaceÓ basis. It is not a problem for us. If we are available we will be glad to provide the service. He stated that he felt the need for this should be at the discretion of the Planning Department on a case by case basis.
Ms. Massa-Lavitt stated that warrants cause anxiety in the person receiving them. She stated that if it means that the sheriff being there will keep the peace, it is prudent to have the sheriff there. She stated that she thought Barbara would be very uncomfortable without the sheriff. Ms. Massa-Lavitt stated that she would be uncomfortable, as she has personal experience in this area.
Councilmember Klein explained that he had given Lieutenant Ault some information on a Òflash camÓ and she said she would find out if this is something that they can use for some of the CLEEP funds. She was also going to look at some radar that is solar operated for the CLEEP funds. He asked if Deputy Bickel would remind her of that so she can report on them next month.
Councilmember Millsap mentioned that she has noticed a few problems with delivery trucks and other large trucks. She asked what the residents are responsible for in advising delivery and construction people about what our roads are like up here so they know there arenÕt wide roads to park on or navigate. She asked if people who obtain permits are advised about the problems construction people will have parking their equipment and navigating the roads.
Ms. Massa-Lavitt stated that they donÕt give out information on this and even the building inspector finds it hard to park near a construction site. We just began talking about this problem a couple of weeks ago.
Councilmember Millsap asked if she had thought about publishing something from her office.
Ms. Massa-Lavitt stated that they thought about suggesting a shuttle to construction sites. She noted that the deliveries such as lumber could possibly be required to have traffic control for such a delivery. She stated that she could prepare an information sheet.
Deputy Bickel stated that when expecting large deliveries from venders or merchants, residents should consider asking that they keep the trucks down to single rear axle vehicles and inform them of the road conditions.
Councilmember Millsap stated that sometimes the trucks are so big that they get stuck and are unable to maneuver freely.
20. COMMISSION/COMMITTEE REPORTS
There were no Commission or Committee reports.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no further public comments.
Mayor Borrowe stated that just before the last Council meeting they received a memo from Assistant Fire Chief Hyslop dated 8-3-04. He stated that he would like that letter to be placed on the Agenda for the October meeting. He also asked that a letter received by City Manager Hendrickson from the Water District responding to inquiries from the City Manager be considered at the October meeting. It would also be good if we could get someone from the Water District to be at the meeting to answer questions.
Councilmember Klein thanked Stan Quade for the beautiful lectern. He stated that the City should send Mr. Quade a letter of appreciation and it would be nice if they made a brass plaque to place on it to commemorate the gift from Mr. Quade.
Councilmember Klein also thanked the City Engineer, Mr. Smith and the Public Works Committee for their work on the roads and the overlay.
Councilmember Carroll stated that he also seconded Councilmember KleinÕs statement.
ADJOURNMENT
Mayor Borrowe adjourned the City Council meeting at 12:30 P.M. to the next regular meeting on October 14, 2004.
ATTEST:
________________________________________
CITY CLERK, JOHN F. HENDRICKSON