CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 11, 2004
A point has been reached where, in the opinion of the City Council on the advice of its counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council and that discussion in open session will prejudice the position of the local agency in the litigation.
á ANTICIPATED LITIGATION
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Meeting of the La Habra Heights City Council at 7:30 P.M., Thursday, November 11, 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 Budget/Accounting Officer Vernon, City Attorney Levin, City Manager Hendrickson, Fire Chief Neilsen and Sheriff Sergeant John Voza.
3. FLAG SALUTE
Charles Wolfarth led the flag salute.
a. VeteranÕs Day Acknowledgement
Mayor Borrowe asked for a momentÕs silence to acknowledge all the veterans and their sacrifices, past and present. He thanked VOP members, Charles Wolfarth, Roy Cummings, Don Chilson and Joe Cain. He thanked all veterans and included Councilmember Fred Klein and City Manager John Hendrickson.
4. PRESENTATIONS
á A commendation to Marsha Coolidge in recognition of her five yearÕs of service on the Public Works Committee
Mayor Borrowe presented Marsha Coolidge with a commendation for her loyal and conscientious service as part of the Public Works Committee.
á Presentation to Stan Quade of a Certificate of Appreciation for the donation of his handcrafted Speaker Lectern
Mayor Borrowe presented the Certificate of Appreciation to Stan Quade for the beautiful Speaker Lectern donated to the City and constructive criticism he has given to the City.
á Presentation of a Plaque to the City from the Ò4-HÓ Club
Three members of the La Habra ÒHilltoppers 4-H ClubÓ presented the City with a plaque showing their appreciation for La Habra Heights support of their organization.
Councilmember Klein expressed his appreciation for the 4-H Club.
á Kathy Sauble, Emergency Preparedness Chairperson, to report on matters pertaining to the CommitteeÕs efforts in Emergency Preparedness
Kathy Sauble noted that the theme for this month is ÒPublic Environments – When the Unexpected Happens.Ó Do not panic, take time to evaluate what the problem is and ask yourself if the people around you need help. Know what the safe procedures are for different situations.
Ms. Sauble presented general safety instructions for different emergencies.
á Public Works Committee
Jerry Shipman, speaking on roads, presented the Council with a new map that is color-coded and shows the zones and zone numbers. Mr. Shipman reported that the two zones on the West Side were identified as Zone 1 and 2 because they are most in need of repair. The East Side is about equal in repair need, Zones 3, 4, and 5. He stated that this year they were able to also repair one zone on the East. The one that needed it most was Zone 4. This caused us to renumber Zone 3, 4 and 5 to fit in with their need for repair. We have not yet worked on Avocado Crest from Hacienda Road to Cypress. We did not have the money to repair this strip in the budget, and we will take care of it in the spring. We still have to finish spraying the berms.
Mr. Shipman commented that last month he discussed the damage being done to the streets by oversized trucks. He noted that the City Attorney is drafting an ordinance for the CouncilÕs consideration. The problem is that unless trucks are caught actually harming the roads, it is hard to place the blame. Community Development Department Director Sandra Massa-Lavitt will compile a map, which shows the wheel base size that can negotiate any particular turn. The map will be placed in the Planning Department, and when someone comes in for a permit, a route will be designated for any trucks that will be involved. This should help.
Mr. Shipman noted that they have a new member to replace Marsha Coolidge, Glenn Haynes, and they still need an alternate for the Public Works Committee.
Mayor Borrowe asked City Attorney Levin if there was a report from the Closed Session.
City Attorney Levin explained that no reportable action was taken.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Stan Quade, Encanada, thanked the City for cleaning the weeds off of the corner of Hacienda and Encanada. The south end of the Park was partially cleaned, although the castor beans were left. Mr. Quade stated that the phone poles are leaning near the Park and bamboo and palm trees are lying over the lines. He also noted that a truck had run over the railroad ties at the Park and knocked down a stop sign. After four or five months, the stop sign has not been replaced. Mr. Quade noted that there are gates at the lower entrance to the Park and they do not seem to ever be closed. He complained about the looks of the cell tower across from his driveway. He stated that according to the CUP the tower was supposed to be similar to the light standards in the Park. Mr. Quade explained that this tower does affect his view.
Mr. Quade also complained about the roads in some areas. He stated that there is a very large dip near his driveway that he had Mr. Lang look at, which has not been fixed. He asked what is happening with the traffic calming. He expressed that he hoped they would not do anything about the traffic calming. He stated that he did not have much confidence in the City.
City Manager Hendrickson explained that the City is still waiting for the proper signs for the gates and then they will be locked at a certain hour at night. This will be coordinated with the SheriffÕs Department.
Mayor Borrowe explained that this is to discourage the dumping that has been a problem.
City Engineer Melicher noted that he had no information on the traffic calming. He stated that he would have information by the next meeting. He stated that the striping plan is proceeding.
Mr. Quade noted that the light standard that was removed still has the footing there with conduit protruding. The company also did not stick to the landscaping plan agreed to.
Mayor Borrowe stated that they would look into that.
Jerry Shipman invited Mr. Quade to the Public Works Committee meeting next Tuesday at 7:00 P.M. to discuss the problem with the dip. He stated that they did not know anything about the dip.
Stephen Blagden, Citron Road, also expressed his displeasure with the looks of the cell tower. It was supposed to look like the present lights in every way.
Mr. Blagden stated that on the item concerning the day care, he felt a new traffic study should be made. He stated that a traffic report is not a study.
Mr. Blagden explained that he liked the idea of an In-House Paramedic Program. He stated that at the last meeting it was mentioned that pay would actually be $10 per hour for the paramedics. This would bring the savings down to $0 in the first year. He also noted that the unpaid firefighters would probably want to be paid too. It would end up another $500,000 per year. This ends up far exceeding the cost of a contract with La Habra.
Cecelia Borrowe, Reposado Drive, observed that many people have attended City Council and Planning Commission meetings, and the Council is now in a position to make some large, important and expensive decisions. Ms. Borrowe commented that she did not believe that the Council was receiving the information that they really need to make these important decisions. The information that does come is not clear or is even contradictory. Ms. Borrowe quoted an example of a contradiction between what was stated they were paid and what was actually paid. She stated that the questions the Council asked to have answered, so they could make a decision, are very important. She noted that, in her opinion, they should not go any further under this situation.
Ms. Borrowe stated that there are some concerns in the Planning Commission also. Many of the repeated problems have come from misinformation passed on to applicants, or requirements that were put in place but never enforced. Professionals who the City hires make the decisions. We should have a standard of performance, and, if necessary, there should be some in-house evaluations. She stated that paid employees should be beneficial to the City. The Council and Planning Commission rely on these Professionals for their expertise. She stated that everyone benefits from a higher standard.
Judy Francis spoke that she was in favor of having the City continue the contract with La Habra for Paramedic Service. She stated that she was willing to pay a parcel charge of $100 if that was needed for the service. She stated that she was concerned about a large amount of turnover in the Fire Department with In-House Paramedics. She also was not in favor of using General Fund money for this purpose. Ms. Francis noted that she was against building the Fire Station and City Hall at Hacienda and West Road as she believed that most calls needed to go to Whittier Blvd. That eliminates a lot of trips over the Hacienda Road ÒDog Leg.Ó Building at West and Hacienda Road would cause a lot of noise for the people in that area. She suggested a two-story firehouse and City facilities at the present location.
Norm Zezula asked when the ÒCERTÓ training would begin. Mr. Zezula commented that whether to build on the new site or the present site could be placed on the ballot as an advisory measure.
Georgia Drakos, Avocado Crest Road, stated that she was of the opinion that the Fire Department needs better quarters, and we do need Paramedic Services with better response times. She noted that she thinks the information gathering process for the City Council is incomplete at best. There seems to be more questions than answers.
John Beau, stated that he supports the In-House Program. He stated that the response time is the most important item. He commented that he was in favor of remodeling facilities on the present site, if there was enough room to do that, provide proper cover for the equipment, and put money from the sale of the property at Hacienda and West Road in the Road Maintenance reserve account. Mr. Beau noted that he was not in favor of a separate tax for Paramedic Service. He stated that he was in favor of using some of the General Fund reserve, leaving a specified amount. If the facilities are moved, they will have to negotiate the ÒDog LegÓ curve, and there would be a large noise problem for the neighbors at the new site.
Mr. Beau asked if the Fire Tax/Life Safety Services Tax combination and the separate Paramedic Tax did not pass, what would happen to the current Fire Tax.
City Attorney Levin explained that the Fire Tax would remain whether the new taxes passed or not. The only thing that effects the Fire Tax is the Gann Limit override, which will be on the ballot in March. We are not allowed to spend the Fire Tax unless we pass the override.
Mayor Borrowe closed the Public Comment.
5. APPROVAL OF WARRANTS – OCTOBER 2004
Mayor Pro Tem Douglas asked what the American Fundware charge was for.
City Manager Hendrickson noted that it was for Accounting software to satisfy the GASB 34 and other requirements.
Mayor Pro Tem Douglas asked what Computerworks NFP Solutions were for.
City Manager Hendrickson stated that he could not remember, but it might be some repair work for the server. It was not software.
Mayor Pro Tem Douglas asked the City Manager to compile the total expenditures for computers and their maintenance.
Mayor Pro Tem Douglas offered a motion to approve the October 2004 Warrants in the amount of $830,297.62. The motion was seconded by Mayor Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – SEPTEMBER 30, 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/City Prosecutor
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
Councilmember Carroll offered a motion to receive and file the September 30, 2004 TreasurerÕs Report as presented. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City Council Meeting of October 14, 2004.
Mayor Borrowe noted that on page 1 it is stated that the October 14, 2004 meeting began at 7:55 P.M. He asked if this was correct.
It was confirmed that the time was correct due to set-up problems.
Mayor Pro Tem Douglas stated that at the last October 14, 2004 meeting he had asked for a compilation of those weed abatement parcels that the City always has to take care of.
City Manager Hendrickson explained that they have a list of 22 parcels that they always have the responsibility for abatement.
Mayor Pro Tem Douglas noted that he had asked about the trenching that had been done by various agencies on several of our roads and asked for a follow-up to see if they had been properly capped.
City Manager Hendrickson explained that the Gas Company has it scheduled to be done. Jimmy Moore will be inspecting this.
Councilmember Klein noted that their patchwork on Solejar was done in such a way that during the rain the water ran to the edge of the road and is eroding the edge of the road at the bottom of the patch.
City Manager Hendrickson asked the City Engineer to follow up on this.
Mayor Pro Tem Douglas explained that Pat Lang had been following up on some capping that was done improperly by the Water District.
City Manager Hendrickson stated that he did not know the status of this at present. He stated that he will have an update on this next month.
Mayor Borrowe asked for a clarification on page 15, paragraph 2.
City Engineer Melicher explained that it was actually one tank divided into two parts, with 1000 gallons on each division of the tank, totaling 2000 gallons.
Mayor Pro Tem Douglas offered a motion to approve the October 14, 2004 minutes as amended. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
ABSENT: None
CONSENT CALENDAR
RECOMMENDATION: Appoint Glenn M. Haynes, Jr. to the Public Works Committee for a two-year term.
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. CONDITIONAL USE PERMIT 2004-18 – LA HABRA CHRISTIAN CHURCH, 1400 BELLA VISTA DRIVE
The applicant, La Habra Christian Church, proposes to utilize the provisions of La Habra Heights Municipal Code Section 9401 to request a Conditional Use Permit to increase the number of children from 53 to 60 and to increase the maximum age from three to five years on the property located at the above address within the RA zone.
RECOMMENDATION: Adopt Resolution 04-46 approving Conditional Use Permit 2004-18.
RESOLUTION NO. 04-46 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING CONDITIONAL USE PERMIT 2004-18 LOCATED AT 1400 BELLA VISTA DRIVE.
Barbara Doppieri, Planning Technician, reported that this request comes from the Planning Commission with a recommendation to adopt Resolution 04-46 approving CUP 2004-18. The present CUP limits the school age to three years and the maximum number for the school to 53 students. They are requesting to increase the size of the school to 60 students and the age from three years to five years so the children can stay there until they go to Kindergarten. This will accommodate the needs of the student body.
Mayor Pro Tem Douglas asked if there are any conditions attached to this Resolution.
Barbara Doppieri explained that everything is in the Resolution.
Mayor Borrowe noted that Stephen Blagden had written a letter to the Council expressing his concern about a traffic study being needed.
City Engineer Melicher explained that originally there was a traffic study performed for the 53 students and the traffic was found to be insignificant. In his opinion he did not think an increase of seven students would be noticeable in the traffic.
Mayor Pro Tem Douglas asked if they had talked with the Sheriff and asked if there are any particular problems in this area.
Planning Technician Doppieri stated that they did not discuss this particularly. The SheriffÕs Department usually advises us of any particular problem. Usually they would have mentioned it if there was a problem.
Mayor Pro Tem Douglas requested that Staff check with Emergency Services formally to find if there is any history of citations or anything they have observed and make sure that there is no reason not to go ahead with this request. He noted that he would like to see a condition that if Staff checks into this and finds that there are concerns in Emergency Services that would be solved by a traffic study, such would be performed and the expense borne by the applicant.
Mayor Borrowe asked the City Attorney if she felt it was not necessary to have a traffic study for this increase in number of students and car trips.
City Attorney Levin answered that there was no evidence at this point that another traffic study is needed. She stated that she saw no harm in the condition that Mayor Pro Tem Douglas proposed. If there is a traffic study, the focus should be on ingress and egress. She did not think seven cars would have a significant impact on the Harbor traffic.
Mayor Borrowe opened the Hearing for Public Comment.
Pastor Greg Gunderson explained that there would only be an increase of one student as the State came out and measured our building and told us we would only be allowed 54 students. This happened since the Planning Commission Meeting and the State licensed the facility for 54 students.
Pastor Gunderson also explained that there are turn lanes into the facility from both directions. The Police and the Fire Department both use this location, and they are both aware of the traffic.
Councilmember Carroll asked if they had been asked to remove their banner.
Pastor Gunderson stated that Planning Technician Doppieri had asked him over the phone to remove it.
Councilmember Carroll asked if this would cause them any problems.
Pastor Gunderson noted that it would cause them some problems, but they were willing to comply with that. The banner is how they get most of their students. He stated that they are also a Church and that is where they list the time for their services. He stated that he brought pictures showing three places they could hang the banners. He explained that two of them are 3Õ X 12Õ, and they are up against our buildings, and one banner is 5Õ X 6Õ and is placed on the corner of Bella Vista and Harbor. He noted that nobody has inquired about the center since we took the banners down. When they are up, we have approximately three inquiries a week.
Councilmember Millsap asked Planning Technician Doppieri about the sign ordinance.
Planning Technician Doppieri explained that the City does not have a sign ordinance. She explained that the Council could condition this CUP to allow the banners, or defer it until we get the sign ordinance and they could apply then if we have a temporary permit section.
Councilmember Carroll asked if we could condition it so that they may have the banners until we have the ordinance and then revisit it at that time.
Planning Technician Doppieri answered in the affirmative. She also noted that when they write the sign ordinance they would probably have a section on temporary banners. She stated that they should be ready to do the sign ordinance shortly.
City Attorney explained that the ordinances should come back to the Council as part of the overall code revision, so it should not come back to them for about six months.
Randy Atanay, Director, La Habra Christian Church childcare center, stated that we found that a lot of our families have a second child, and they have to split the two children up in some cases. This is why we tried to increase our enrollment.
Councilmember Millsap stated that she was not so concerned about a traffic study if they only increase the students by one.
Mayor Pro Tem Douglas noted that the Attorney had been more interested in the ingress and egress. He felt that it would be good for the facility to have professional staff to look at the question, and it would also cover the turn pockets along with the ingress and egress. He stated that if the staff looks at the situation, they might not think it necessary to have a traffic study.
Councilmember Carroll commented that he would be ready to approve this tonight with the condition that the banners can be put up until there is a sign ordinance and then revisit it.
Mayor Pro Tem Douglas stated that he was not opposed to having the banners up just until the sign ordinance is completed.
Mayor Borrowe asked if we reverse the Planning CommissionÕs decision on the banners, would this open it up to other applicants to expect to have banners.
City Attorney Levin answered that this is a first amendment issue and that others would then have that right. It does not matter what the sign says. You could change the condition to read that the banners must be removed with a one-week notice should there be any controversy about the sign or once there is a sign ordinance in place.
Ann Eaton, Hacienda Road, explained that there has never been any traffic problems at this school since they first started. In her opinion, there was no need for them to spend money on a traffic study.
Rick Martin was against the school having a traffic study. He noted that the City has not mentioned any traffic study if they build new facilities at Hacienda Road and West Road. He also noted that the City has banners when announcing activities at the Park. He was in favor of the school having banners. He stated that if we expect the school to buy the present property, the school should be treated with great respect.
Mayor Borrowe closed the Public Comment.
Councilmember Carroll stated that he was ready to adopt the Resolution and approve the CUP with the condition on the banners amended as the City Attorney suggested. He was in favor of putting up the banners and not in favor of a traffic study.
Councilmember Millsap noted, in answer to points brought up by Rick Martin, that an applicant would have to pay for any traffic study. She also stated that she thought Mr. Martin was thinking of the other school that might be involved in buying our present facilities.
City Engineer Melicher noted that a traffic study would probably cost several thousand dollars.
Mayor Pro Tem Douglas noted that he wanted Staff to look at the situation to see if there was a traffic study needed.
Councilmember Carroll commented that the Fire Department was at the school on a regular basis and the Sheriff was also there on a regular basis. He asked if the Council could get informal input right now.
City Attorney Levin noted that it was allowed.
Fire Chief Nielsen stated that he had not noticed any problems in front of the church. He commented that he and the Sheriff have discussed the situation.
Sergeant Voza stated that he did not have any information with him on citations issued, but there is frequently a patrol car in the area to slow down traffic. He stated that he did not see any problems with one more student.
Mayor Pro Tem Douglas asked the City Manager to follow up with the Sheriff on the citations in the school area.
Councilmember Klein commented that he was not in favor of considering the banners along with the CUP. He stated that he would rather approve the CUP and the banners approved separately. Councilmember Klein asked why they had to take down the banners if they did not have a sign ordinance.
City Attorney Levin stated that typically when a CUP comes before the City Council, you have the option of requiring the applicant to come into compliance with all of the codes and other regulations. There has been Code Enforcement action in the past on banners. It is usually complaint driven.
Mayor Borrowe explained that he would like to approve the CUP without the banner issue and deal with the banners when the Code Ordinance on signs is finished.
The Planning Technician explained that Section 9110 of the Code states that when a use is not specifically listed or determined by the Director of Planning, it shall be assumed that such use is prohibited unless it is determined by the Planning Commission.
City Attorney Levin explained that this is the basis for the removal of the banners according to the Code. She explained that Public Property is different than private property and has different rules. This case ends up as a Code Enforcement issue. The Code Enforcement cannot be based on content.
City Attorney Levin stated that you may leave the CUP as is (take down the banners), alter the conditions so the banners can be kept until a specified date in time, or to eliminate any reference to the banners and leave the banners at this church subject to Code Enforcement just as they are at other facilities in town.
The Council discussed if the banners at the school next door to them would be asked to be taken down by Code Enforcement.
City Attorney Levin explained that the City still has the discretion how to use their enforcement money.
Councilmember Klein stated that he did not think this one church should be singled out to take down its banners through the CUP. Councilmember Klein suggested that the Council tell the Code Enforcement Officer to not use Code Enforcement looking at banners until we get a Sign Ordinance in place. Thereby everybody is treated with the same level of enforcement.
City Attorney Levin explained that then they should not make reference to the banner signs in the CUP. This would continue their current status and leaves them subject to Code Enforcement at the same level as any other banner signs.
Planning Technician Doppieri noted that this was not her order as the Code Enforcement Officer, it was ordered by the Community Development Director.
Councilmember Klein offered a motion to adopt Resolution 04-46 and CUP 2004-18 and keep the first sentence of Planning Item 2 in the Resolution and eliminate the second sentence. Amend Item 1 under Planning on the Resolution, changing the number 60, to read Ò54Ó. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
10.A. FIRE AND CITY HALL FACILITY DEVELOPMENT
This item was continued from the Special City Council meeting of November 4, 2004 to again discuss and decide whether to build new facilities, where and in what manner to build them and when to build, and how to finance the new facilities.
RECOMMENDATION: Further advise and direct staff on actions to be taken.
City Manager Hendrickson reported that Mayor Borrowe has asked that the Memo written by Deputy Fire Chief Hyslop as an overview of the facility needs and location, be brought back for discussion. The heart of the discussion is basically the situation, as the Fire Department sees it, concerning the facilities located here and whether they should be improved. Where they should go has not been determined. City Manager Hendrickson explained that there was a subcommittee formed about 1 ½ years ago. An architect was hired to look at building on this site or another site to evaluate that. A financial analysis was conducted to see what that cost might be. The Committee recommended that we look at building a Fire Station at the corner of Hacienda and West Road. The Council has decided on this. You do not have to make a decision tonight. We need to look at the different options and the financial consequences and how it would be financed. City Manager Hendrickson continued that about six months ago La Habra informed us that to continue serving us, they must increase the cost of their Paramedics by about $200,000 per year. Staff prepared a 10-year projection of the financial impact of different options.
City Manager Hendrickson explained that they have made some amendments to the presentation they made last time of the 10-year projection of options. The decision was made by the Council to do an In-House Program. Whatever we do to better the Fire Department and City Hall on this site would take away some area that we need for parking and storage of the engines. This site is approximately l.8 acres, and the property at Hacienda and West Road is 3 acres. This provides more flexibility. City Manager Hendrickson commented that in his discussions with the Fire Chief the concern that upgrading the present facility would add to the congestion of the site.
Mayor Borrowe called for an intermission so Budget/Accounting Officer Vernon could start his Power Point presentation.
Mayor Borrowe returned to the meeting for the Power Point presentation by Budget/Accounting Officer Vernon.
Budget/Accounting Officer Vernon started his presentation:
á Increase in Paramedic costs from $15,000 to $210,000 for FY 2004-05
á Decision whether to build New Facilities or improve Current Facilities
á Need to set aside $125,000 annually to fund Fire Vehicle replacement
DECISION MADE SO FAR
á Implement In-House Services
á Paramedic costs will decrease from $210,000 to projected net cost of $136,000
á Year two cost $171,000 minus $35,000 (revenues)
DECISIONS NEED TO BE MADE
1. How to pay for Paramedic Services?
(We will receive $35,000 from AMR fees and patient billings)
A. Pay out of General Fund Surplus or Fund balance
B. Raise the Fire Tax by $90,000
C. Voter approved (2/3) Paramedic Assessment ($145,000)
D. Raise Fire Tax by $72,500 and Paramedic Assessment of $72,500
2. Long term Facilities Plan
A. Build New Facilities
B. Major Improvements to Current Facilities
C. Moderate Improvements to Current Facilities
D. Maintain the Status Quo
3. Amount to set aside for Fire Vehicle Replacement (Recommend $125,000 per year)
OPTION A– BUILD NEW FACILITIES
á In-House Paramedic Services
á Bond financing to build New Facilities – Annual payment of $120,000 – General Fund to pay 2/3, Fire Fund to pay 1/3
á Annual payments of $55,000 for five years to pay for the balance of the land – paid by the General Fund – We pay half in cash and finance the rest
á Set aside $125,000 annually to pay for Fire Vehicle Replacement (from Fire Fund)
OPTION B – MAJOR IMPROVEMENTS
á In-House Paramedic Services
á Annual payments of $55,000 for five years to pay for the land – paid by General Fund
á Sell land and apply equity in land to costs for Major Improvements
á General Fund 2/3 and Fire Fund 1/3 will contribute a total of $1,450,000
á Set aside $125,000 annually to pay for the Fire Vehicle Replacement (from Fire Fund)
OPTION C – MODERATE IMPROVEMENTS
á In-House Paramedic Services
á Annual payments of $55,000 for five years for the land – paid by General Fund
á Sell land and apply equity in the land to costs for Moderate Improvements
á General Fund 2/3 and Fire Fund 1/3 will contribute a total of $650,000
á Set aside $125,000 annually for Fire Vehicle Replacement (from Fire Fund)
OPTION D – MAINTAIN STATUS QUO (LEAST POSSIBLE WORK)
á In-House Paramedic Services
á Annual Payments of $55,000 for five year to pay for the land – paid by the General Fund
á Sell land and place equity in Fund Balance
á Set aside $50,000 annually for maintenance (roof, painting, carpets and doors)
á Spend $200,000 by 2010 to replace the trailers (dormitory) with new trailers
á Set aside $125,000 annually for Fire Vehicle Replacement (from Fire Fund)
Budget/Accounting Officer Vernon presented details on how they would pay for the Paramedics
OPTION A-1
á Build New Facilities
á General Fund to pay for Paramedic Services
á General Fund should decrease by $1.9 million to 20% of annual expenditures by 2015 – Fund Balance will be $567,000
á Fire Fund expected to decrease by $110,000 to 47% of annual expenditures by 2015 – Fund Balance will be $657,000
OPTION A-2
á Build New Facilities
á Raise Fire Fee ($90,000)
á General Fund should decrease by $1 million to 54% of annual expenditures by 2015 – Fund will be $1,500,000
á Fire Fund is expected to decrease by $110,000 to 47% of annual expenditures by 2015 - Fund Balance will be $657,000
OPTION A-3
á Build New Facilities
á Paramedic Assessment ($145,000)
á General Fund should decrease by $500,000 to 76% of annual expenditures by 2015 – Fund Balance will be $2,000,000
á Fire Fund expected to decrease by $110,000 to 47% of annual expenditures by 2015 – Fire Fund Balance will be $657,000
OPTION A-4
á Build New Facilities
á Paramedic Assessment ($72,500) and raise the Fire Fee ($72,500)
á General Fund should decrease by $500,000 to 76% of annual expenditures by 2015 – Fund Balance will be $2,000,000
á Fire Fund expected to decrease by $110,000 to 47% of annual expenditures by 2015 – Fund Balance will be $657,000
OPTION B-1
á Major Improvements
á General Fund to pay for Paramedic Services
á General Fund should decrease by 1.6 million to 32% of annual expenditures by 2015 – Fund Balance will be $894,000
á Fire Fund expected to decrease $87,000 to 50% of annual expenditures by 2015 – Fund Balance will be $680,000
OPTION B-2
á Major Improvements
á Raise Fire Fee ($90,000)
á General Fund should decrease by $710,000 to 68% of annual expenditures by 2015 – Fund Balance will be $1,829,000
á Fire Fund expected to decrease by $87,000 to 50% of annual expenditures by 2015 – Fund Balance will be $680,000
OPTION B-3
á Major Improvements
á Paramedic Assessments ($145,000)
á General Fund should decrease by $170,000 to 91% of annual expenditures by 2015 – Fund Balance will be $2,369,000
á Fire Fund expected to decrease by $87,000 to 50% of annual expenditures by 2015 – Fund Balance will be $680,000
OPTION B-4
á Major Improvements
á Paramedic Assessment ($72,500) and raise Fire Fee ($72,500)
á General Fund should decrease by $170,000 to 91% of annual expenditures by 2015 – Fund Balance will be $2,369,000
á Fire Fund expected to decrease by $87,000 to 50% of annual expenditures by 2015 – Fund Balance will be $680,000
OPTION C-1
á Moderate Improvements
á General Fund to pay for Paramedic Services
á General Fund to decrease by $1.1 million to 51% of annual expenditures by 2015 – Fund Balance will be $1,433,000
á Fire Fund expected to increase by $183,000 to 71% of annual expenditures by 2015 – Fund Balance will be $951,000
OPTION C-2
á Moderate Improvements
á Raise Fire Fee ($90,000)
á General Fund should decrease by $171,000 to 88% of annual expenditures by 2015 – Fund Balance will be $2,368,000
á Fire Fund expected to increase by $183,000 to 71% of annual expenditures by 2015 – Fund Balance will be $951,000
OPTION C-3
á Moderate Improvements
á Paramedic Assessment ($145,000)
á General Fund should increase by $368,000 to 112% of annual expenditures by 2015 – Fund Balance will be $2,908,000
á Fire Fund expected to increase by $183,000 to 71% of annual expenditures by 2015 – Fund Balance will be $951,000
OPTION C-4
á Moderate Improvements
á Paramedic Assessment ($72,500) and Raise Fire Fee ($72,500)
á General Fund should increase by $368,000 to 71% of annual expenditures by 2015 – Fund Balance will be $2,908,000
á Fire Fund expected to increase by $183,000 to 71% of the annual expenditures by 2015 – Fire Fund Balance will be $951,000
OPTION D-1
á Maintain Status Quo
á General Fund to pay for Paramedic Service
á General Fund to decrease by $813,000 to 60% of the annual expenditures by 2015 – Fund Balance will be $1,725,000
á Fire Fund expected to increase by $300,000 to 79% of annual expenditures by 2015 – Fund Balance will be $1,067,000
OPTION D-2
á Maintain Status Quo
á Raise Fire Fee (90,000)
á General Fund should increase by $114,000 to 96% of annual expenditures by 2015 – Fund Balance will be $2,654,000
á Fire Fund expected to increase by $300,000 to 79% of annual expenditures by 2015 – Fund Balance will be $1,067,000
OPTION D-3
á Maintain Status Quo
á Paramedic Assessment ($145,000)
á General Fund should increase by $655,000 to 120% of annual expenditures by 2015 – Fund Balance will be $3,194,000
á Fire Fund expected to increase by $300,000 to 79% of annual expenditures by 2015 – Fund Balance will be $1,067,000
OPTION D-4
á Maintain Status Quo
á Paramedic Assessment ($72,500) and Raise Fire Fee ($72,500)
á General Fund should increase by $655,000 to 120% of annual expenditures by 2015 – Fund Balance will be $3,194,000
á Fire Fund is expected to increase by $300,000 to 79% of annual expenditures by 2015 - Fund Balance will be $1,067,000
Mayor Borrowe asked how this presentation differed from the one given a week ago.
Budget/Accounting Officer Vernon explained that last week they voted to have the In-House Service so tonight he is able include that scenario into all of our projections. We also followed CouncilÕs instructions to review our figures for Major and Moderate improvements for the Current Facilities. We also gave the figures tonight for doing as little as we possibly can, just necessary maintenance.
Mayor Borrowe asked for an explanation for a paper that gives sizes for the various options.
Budget/Accounting Officer Vernon explained that this sheet was provided so Council can have the increase in square footage for the different Options.
Present Facilities are approximately 14,000 square feet.
A new building at the new location will be approximately 20,000 feet, an increase of 46%.
Budget/Accounting Officer Vernon noted that most of the increase would be in the Fire Facilities (in the Apparatus Bay and the Dormitory.)
Major Improvements would increase the square footage by 33%.
Moderate Improvements would increase the square footage by 15%.
Mayor Borrowe noted that the report from the Fire Committee listed one building at 23,180 square feet, another situation at 25,000 square feet and another at 92,000 square feet.
Budget/Accounting Officer Vernon stated that the Option that we have chosen to present to the Council is probably the least expensive and has been scaled down some compared to 25,000 square feet.
Mayor Borrowe commented that he would like the details of that before they make a decision.
City Manager Hendrickson noted that Item A is the same square footage, 21,064 as it originally was noted in Option 3-B by the Fire Committee.
Councilmember Millsap stated that she thinks the first thing to decide is how much money we have to spend and then fit what we build to that amount. She noted that Budget/Accounting Officer Vernon had shown on his presentation that it would cost $500,000 to replace the dormitory, and she asked if that showed on the report on the sizes they just considered.
Budget/Accounting Officer Vernon explained that it was not on the Memo, but it was included with Option D. This would be the same size as what we currently have. He stated that the current dormitory consists of four trailers at a total size of 2,700 square feet.
Mayor Borrowe asked if they had looked into a Butler building as an option.
City Manager Hendrickson answered that they had used that estimate in Option C, and it is a little larger. That would be 3,600 square feet.
Councilmember Klein explained that when you use a Butler building you are beyond trailers in both construction and cost. It is a metal building.
City Engineer Melicher explained that its advantage is speed in building.
City Manager Hendrickson noted that they did check the cost for the trailers.
Mayor Borrowe opened the meeting for Public Comment.
Rick Martin explained that he felt the In-House Paramedic Service and the New Facilities should be separated for consideration and decisions. His opinion was that more professionals should be hired to help the Council make their decisions. There are some very large, important decisions to be made.
Norm Zezula discussed the Fire Department Memo. He stated that the main reason in the memo for moving the Fire Station was better response time. He noted that the argument had recently been made that if the firemen were on Whittier Blvd., it did not make any appreciable time difference. Mr. Zezula stated that the times listed for response time do not agree or make sense. He also noted that the memo mentions the possibility of having two more stations. We are already agonizing over how to pay for the Paramedic Service. How can we afford to set up two more stations. Mr. Zezula commented that the City Manager endorsed this memo and stated that it reflects the thinking of the Committee for development of a Fire Facility. When this Committee was established, it was for the reason to get decent housing for the firefighters and provide protection to the equipment from the elements. Mr. Zezula suggested purchasing a manufactured home for the firefighters. A 4-bedroom home (3,700 square feet) could be bought for around $300,000. This could be provided very quickly.
Georgia Drakos, Avocado Crest Road, asked when the Council decided on the In-House Paramedic Program.
City Manager Hendrickson explained that it was voted in favor, 5 to 0. It was voted that the intent was to continue with La Habra on a monthly basis until we were set up for the Paramedic Program. It was estimated for January 1, 2005.
Ms. Drakos asked what still has to be done to get the permit for the In-House Paramedic Service. She stated that she is in favor of In-House Paramedics. She asked if the financial projections included an upgrade in communications and to utilize computers to their fullest capability. She asked if we are going to share first in coverage with LA County, how we bill that. How are the first responder fees going to be set? Can we set our own fees? Are there going to be two paramedics on the unit, and if they have to go with the ambulance, who will cover the city? Do we know what different insurance companies will pay for service?
City Manager Hendrickson explained that AMR would provide the Ambulance Service for us. They will be stationed here and will not charge for that. The contracts will be presented to the Council for their approval at the December meeting.
Ms. Drakos stated that she thought our arrangement with the Palo Verde College is secure for an extended period of time. She asked if we ever got a report back from Fish and Game on the blue line stream at Hacienda and West Road.
City Manager Hendrickson stated that he did not remember any official report coming to us.
(INTERMISSION FOR VIDEOGRAPHER TO CHANGE TAPE)
Mayor Borrowe reconvened the Council Meeting.
Fire Chief Nielsen answered some of the questions Georgia Drakos asked. He noted that the agreement with the Palos Verde College is secure. There are not a set number of years in the agreement. Fire Chief Nielsen explained that AMR is required to provide service in our area. Fire Chief Nielsen confirmed that AMR would be using our station as a post location. This will be a large advantage for us. Computers are not utilized in our units, but they are utilized in our dispatch center. AMR uses computers in their units and are dispatched and tracked with computers. We will still have a mutual agreement with LA County if we need Paramedic back up. Currently we have not been billed for that. He also explained that we are getting State Certified Paramedics and they are following Department of Health certification and regulations. We need to have proof of insurance and proof of the coverage of our radios. Both have been accomplished this afternoon.
Councilmember Carroll asked Fire Chief Nielsen to answer Steve Blagden on the question of ParamedicÕs pay.
Fire Chief Nielsen answered that compensations would bring the amount close to $10, but the actual pay is $8 per hour. The compensations are calculated into our cost analysis. He stated that when he interviewed the applicants, he did discuss the $8 wage with them.
City Manager Hendrickson explained that we are not allowed to run an ambulance. We will get the difference between ALS service and BLS service, which AMR will bill for. The amounts for this billing are set by the County Commissioners. If we choose to also charge for First Responder service, we may charge what we think is reasonable for our cost. We can either bill it ourselves or hire a third party to do this. AMR will do the billing for the transport and give us our portion.
Councilmember Klein explained that as far as hiring professionals are concerned, that was done when the Fire Committee hired and met with the architectural company of Nicoloff and Associates to consider the Options. Nicoloff and Associates have done a number of Fire Stations. He also stated that the Paramedic Program and the Fire Facility are being considered together because the money there is to use depends on what happens in each case.
City Manager Hendrickson stated that he has been involved in several cities that built Fire Stations and City Buildings. Certain details will differ from City to City and that is why he hired the Architectural Company for advice. He added that he has been careful to not hire too many professionals, as there have been comments about money being spent that way also.
Cecelia Borrowe stated that she also did not realize that it was a sure thing that the City was going with the In-House Paramedic Program. Ms. Borrowe asked for clarification on the reply on the permit application for In-House Paramedics and for comment on the fact that we have the permit now. She asked if it was a balanced Committee that worked on the Fire Committee. Ms. Borrowe asked what were the actual needs for the Fire Department that have to be taken care of. She asked if the property that is available on the East Side of the City was considered when they were looking for a place to build new fire facilities.
Fire Chief Nielsen explained that one of the needs for the Fire Department was bathroom and shower quarters for the seven female firefighters. There are also females in the paramedic applicants. He also noted that larger sleeping quarters were needed and proper cover for the vehicles. More office space really could be used.
Ms. Borrowe noted that the system that they are using for bathroom and shower facilities at present do work.
Fire Chief Nielsen stated that the property on the East Side of the City was meant for a second fire station. He stated that he did not think the residents on the West Side would agree to have a station only on the East Side.
Councilmember Klein explained that the Wildlife Conservancy who thought that we might be able to put in a joint station with LA County gave the land to us. Nothing could be put together with the County that would be beneficial.
Ms. Borrowe stated that it would be good to remember this property if we want a satellite station. She noted that it might be time to talk to LA County again to see if any plan between us would be beneficial. Ms. Borrowe mentioned that there is a restroom that is not being used at this time and asked why this has not been maintained. She stated that she would like to see maintenance improved.
Katie Martin stated that she thought the In-House Paramedic Service and the New Facilities should be considered separately as we have not made a decision on where the Fire House will go. She noted that she was not able to understand the budget. She felt that there should be enough in the General Fund to fund the Paramedic Program. She asked if Budget/Accounting Officer Vernon had taken into account the $250,000 that we are adding to the Surplus every year.
Budget/Accounting Officer Vernon answered that they do not expect the General Fund to grow in future years at the rate it has in the past.
Ms. Martin explained that she thought they would get more information from project managers than from Architects. She noted that she did not think we should have to raise a tax for Paramedic Service.
Budget/Accounting Officer Vernon explained that when you work with numbers, you have to look at the whole picture. Things are interlinked with one item affecting another.
Councilmember Millsap explained the Council and the Budget/Accounting Officer worked very hard to work on the budget until they had a surplus. They worked on the budget intentionally because we knew we have needs in the City.
City Manager Hendrickson commented that he and Budget/Accounting Officer Vernon had taken into account increases in expenses and goods and the cost of living increases. We also had to estimate our Revenues in a conservative manner as Expenditures and Revenues must be balanced carefully.
Councilmember Carroll asked if the Fire Station was built in the new location, what percentage of the calls would travel south from that location to Whittier Blvd.
Fire Chief Nielsen stated that the records show that 88% of the calls would benefit from the new location.
Mayor Borrowe commented that he would now like to consider the letter from Deputy Fire Chief Hyslop and the memo written on August 3 by the City Manager in support of the letter Deputy Fire Chief Hyslop wrote. Mayor Borrowe asked if we have a documentation of how many times we respond via Whittier Blvd.
City Manager Hendrickson answered that Fire Chief Nielsen had noted that 88% of the time the new location would shorten the response time. The response would not be via Whittier Blvd.
Mayor Borrowe noted that he would like to see the documentation for this conclusion. He asked if it had been taken into consideration that if the school buys the present property to expand, that it would increase the traffic on Hacienda Road. This would go against our General Plan.
City Manager Hendrickson stated that they had not gotten into this discussion yet. We do not know exactly what they would do. We are not sure they would purchase our land.
Mayor Borrowe stated that what they might want to do should be considered if they would decide to buy this property.
Councilmember Millsap stated that they might have plans to increase the enrollment whether on their property or buying ours.
Mayor Borrowe commented that he would like to see us again talk to LA County about the possibility of joining together to consider a joint East Side Fire Facility on the property donated to us from the Habitat Authority. He felt that the idea had been dropped for no particular reason.
Fire Chief Nielsen stated that the information that he got was that LA County did not want to continue the discussions.
Councilmember Klein noted that he had also heard that it was LA County that did not want to pursue the idea, as we are a volunteer department and they are a pay department, and they did not want to mix the two.
Fire Chief Nielsen stated that they are a little more willing to discuss now, but they would like to see what is going to happen to the property east of Harbor before they make any decisions.
Mayor Pro Tem Douglas asked if there is a Public Policy on how many Paramedics are needed for a size area in LA County or the Paramedic and Ambulance distribution.
Fire Chief Nielsen answered that he would have to get back with an answer about Paramedics, but Ambulances have to be within a response time of 8 minutes and 59 seconds on 90% of their calls. He also explained that ambulances are moved around with the flow of the people, so that at night they move somewhat closer to freeways.
Mayor Borrowe stated that in the memo from Deputy Fire Chief Hyslop, he mentions the new department. What did he mean by that?
Fire Chief Nielsen explained that we were a volunteer department and now will be considered a combination department. It will be almost 50% paid and 50% volunteer.
Mayor Borrowe asked what was meant by the 29 Òpart-time paidÓ firefighters.
Fire Chief Nielsen explained that this covers our paid Captains that cover 24-hour shifts.
City Manager Hendrickson noted that they are considered part-time and are not allowed to exceed 1,000 hours in a fiscal year.
Mayor Borrowe noted that Fire Chief Nielsen stated that there were 79 volunteers. There are the 26 students from the Academy that are paying back for that training and that leaves a balance of 53. There are 17 professional residents that can be called on for emergencies. Mayor Borrowe commented that he did not consider the 26 students that were paying back for their training volunteers.
Fire Chief Nielsen explained that the 26 students that were going into the Academy has changed to 15. When they graduate on March 26, 2005 their obligation to work for La Habra Heights for a year will begin.
Councilmember Millsap noted that there was not any contract, so they can actually quit at any time. If another City hires them, they cannot work here.
Fire Chief Nielsen confirmed that while they are on probation in another City they usually could not work here. He added that all volunteers are allowed to leave at any time.
Mayor Borrowe felt that this was not good for us.
City Manager Hendrickson stated that the agreement with Palo Verde College does reimburse us for the training we give and any equipment we have to buy. For every dollar we spend we are reimbursed about $2.50.
Fire Chief Nielsen explained that out of fifteen students we should have approximately an increase of 12 working for us.
Mayor Borrowe asked if there was some way to come up with an agreement that would obligate the students to spend a specific time with us after graduation.
Fire Chief Nielsen explained this might be possible, but it would make it harder to recruit the students. He stated that he would rather try to increase the size of the classes.
Fire Chief Nielsen explained that anyone that does not get paid is considered a volunteer in his eyes.
Mayor Borrowe asked for some documentation on expenses and revenues in the Fire Department. He stated that he was concerned that the day would come when we would not have any volunteers left.
Councilmember Millsap explained that the Volunteer Fire Department was about 62 years old, and she did not think there had been any time when they were not able to man it.
Fire Chief Nielsen explained that he has always been able to staff the minimum, but not always able to staff as many as he would like.
Mayor Borrowe noted that Deputy Fire Chief Hyslop stated in his letter that there was no provision for health workout for the Firemen. Mayor Borrowe confirmed with Fire Chief Nielsen that there was a place that is used for this purpose.
Fire Chief Nielsen stated that the workout area was in the middle of the sleeping area.
Mayor Borrowe stated that Deputy Fire Chief Hyslop mentions the need for a secure place to keep the expensive apparatus with protection from vandalism.
Fire Chief Nielsen stated that Friday night there were items stolen from an engine at the station. We lost $1,000 in radio equipment.
Mayor Borrowe suggested they have someone patrolling at the station. He asked why they have not put the apparatus under a roof.
Fire Chief Nielsen stated that they hated to spend money on something temporary until they decide what they will do.
Mayor Borrowe noted that he was concerned that they were deferring maintenance to support a move of the facilities.
Mayor Pro Tem Douglas noted that Deputy Fire Chief Hyslop stated in his letter that the apparatus deteriorates faster when it is not protected from the weather and he asked Budget/Accounting Officer Vernon if the $125,000 set aside for engines took the deterioration from poor protection into consideration. He asked what the difference is between the new facility and the present facility in the escalation of this deterioration of the equipment.
Fire Chief Nielsen noted that it does reduce the lifespan of the equipment, but he will have to get back to the Council with the figures.
Mayor Borrowe stated the Deputy Fire Chief Hyslop mentioned in his letter that there was potential danger with each response at the present location and that it would be lessened at the new location with better ingress and egress. Mayor Borrowe asked if we have had any safety concern or accidents from this location.
Fire Chief Nielsen answered that there had been no accidents, but there has been significant slowdown in response time at this location. He explained that there are peak hours when traffic actually blocks the exit.
Mayor Pro Tem Douglas suggested that special lights are needed at both locations.
Fire Chief Nielsen stated that it is a good idea, but it is costly. He noted that there is also a problem with people making left turns into the school next to us, and he did not know how to control that.
Councilmember Millsap stated that we do not even have it noted that the driveway should not be blocked.
Mayor Pro Tem Douglas commented that these things were needed in either location.
City Manager Hendrickson noted that there is only one outlet at present and on the new property, due to its shape there could be two.
Mayor Pro Tem Douglas noted that Deputy Fire Chief Hyslop commented in his letter that the present location couldnÕt support a growing infrastructure demand. What does that mean?
Fire Chief Nielsen explained that this location couldnÕt support more staff. Our present dormitory can only currently house ten. This also covers the office space. He also noted that there would be two more paramedics and the ambulance personnel.
Mayor Borrowe noted that Deputy Fire Chief HyslopÕs letter in 6a stated that there were several response times that were based on assumptions. Mayor Borrowe asked why he used the word Òassumptions.Ó
Fire Chief Nielsen stated that they are based on State requirements. Fire Chief Nielsen gave a time for each item, and he would have to get back with an answer why Deputy Fire Chief Hyslop stated that they were based on assumptions.
Mayor Borrowe asked for documentation on the data mentioned in 6 about five minute response on calls.
Mayor Borrowe noted that Deputy Fire Chief HyslopÕs letter mentions that there have been morale problems because of the conditions they live in. He asked if this is true.
Fire Chief Nielsen answered that this is true, and it has been taken care of. This happened when there was a black mold problem.
Mayor Borrowe noted that different reports have different times listed for the same destination. The times contradict the results.
City Manager Hendrickson stated that he also asked for more information, and he stated that he does see a consistency in less time from the new location. Traffic or the light could cause the differences in different reports.
Mayor Borrowe noted that the numbers do not add up and are biased toward moving.
Mayor Borrowe stated that Deputy Fire Chief Hyslop had noted in his letter that if you live closer to a Fire Station your insurance is cheaper. Mayor Borrowe stated that his research has found that this is not true.
Councilmember Millsap stated that she found on a new application for one insurance company that they actually ask how close you are to a Fire Station.
City Manager Hendrickson observed that the Insurance Industry has changed a lot in the last 20 years.
Mayor Borrowe stated that there are so many questionable items and mistakes in this letter that he cannot consider it a good memo to use for decisions. He stated that when we get good information and decide what we would like to do, the residents should be given two or three options and their cost. They need to vote in some way to let us know what they want. We should have town meetings for their information. It is their money that we want to spend.
City Manager Hendrickson noted that the next ÒOn Top of the HeightsÓ would come out in December, just before Christmas.
Councilmember Millsap offered a motion to continue this discussion until the next regular Council meeting in December and that the City Manager prepare information for an article in ÒOn Top of the Heights.Ó The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Borrowe asked that the new article in the newsletter title should say Fire Facility and City Hall.
10.B. PURCHASE OF ORTHOPHOTOGRAPHY SERVICES
City Manager Hendrickson asked that they continue this item.
Councilmember Carroll offered a motion to continue Item 10.B. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
11. GANN OVERRIDE BALLOT MEASURE
Approval to place the Gann Override Ballot Measure on the General Municipal Election of March 8, 2005 to expend funds raised through the Fire Tax.
RECOMMENDATION: Approval to place Gann Override Ballot Measure on the March 8, 2005 Municipal Election by adopting Resolution No. 04-47.
RESOLUTION NO. 04-47 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AT THE MARCH 8, 2005 GENERAL ELECTION AN ORDINANCE TEMPORARILY CHANGING THE CITYÕS APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
City Manager Hendrickson explained that every four years the Council is required by law (Gann Override) to go back to the voters for permission to spend the money collected over a certain amount from the Fire Tax. He also noted that the Fire Tax was voted for in 1997. The Gann limit is set by a formula.
City Attorney Levin explained that if the Gann Override was not voted for, the total tax would be collected, but we would not be able to spend all of it. After about two years we would have to obtain an override, stop collecting the money or refund the unspendable amount. There is some waiting period before you could ask for approval of the Gann Override.
Councilmember Millsap mentioned that on the Resolution 04-47 the box on the first page mentions Òprovide essential fire and life-safety services.Ó Has this Resolution been amended to include the life-safety services?
City Attorney Levin explained that this does nothing to amend the original Fire Tax. She stated that it should be worded the same as what was approved in 1997.
Councilmember Millsap stated that her preference was that our hands are not tied strictly for Fire Suppression at any given time regardless of whether it is increased or not.
Councilmember Millsap asked that that Section 9. be amended and Section 10. will be removed.
City Attorney Levin noted that the word ÒprocureÓ should be correctly spelled wherever it is incorrect.
Mayor Borrowe asked for confirmation that there is to be one rebuttal.
City Manager Hendrickson confirmed that there is one for and one against on each issue.
City Attorney Levin answered the question Councilmember Millsap asked about the wording in the box, to be amended to read Òfire safety services.Ó
Councilmember Carroll offered a motion to approve the Gann Override by adopting Resolution No. 04-47 as amended. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
12. LIFE SAFETY SERVICES TAX MEASURE
A. Approval to place new Paramedic/Fire Services Ballot Measure on the General Municipal Election on March 8, 2005.
RECOMMENDATION: Approval to place Life Safety Ballot Measure on the March 8, 2005 Municipal Election by adopting Resolution No. 04-48.
RESOLUTION NO. 04-48 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS PROPOSING A LIFE SAFETY SERVICES TAX AND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AT THE MARCH 8, 2005 GENERAL ELECTION AN ORDINANCE IMPOSING SUCH TAX AND TEMPORARILY CHANGING THE CITYÕS APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
City Manager Hendrickson reported that at the last meeting we decided that we should do one of two things; place a measure on the ballot that would allow us to collect for just the Paramedic Service that we will provide, or that we would amend the current Fire Tax Ordinance to include Paramedic Services. The current Fire Tax is not specific enough to cover this. City Manager Hendrickson noted that the cost for a straight Life Safety Services Tax would be $70 for an improved residential parcel, $280 for an improved Commercial or Institutional parcel, $490 for improved fuel pumps and related facilities. Vacant property is not included, as it is unlikely to need Paramedic Services. To amend the Fire Tax to include the Life Safety Service, the Fire Tax would go up by about 20%.
Katie Martin stated that, in her opinion, according to the money we have coming in there is no need to tax the residents. We have $150,000 cost per year for the Paramedic Services and approximately $250,000 coming in each year.
Councilmember Millsap stated that the first year of the Paramedic Services would cost $178,000.
Georgia Drakos asked the meaning of ÒConsolidated Life Safety Fire Suppression and Services.Ó
City Manager Hendrickson confirmed that Life Safety does stand for the Paramedic Services.
Fire Chief Nielsen explained that Fire Suppression is the same as Fire Fighting.
City Attorney Levin explained that ÒLife Safety ServicesÓ legally covers a slightly broader category than just Paramedics. It would also cover EMT service. The one Resolution (04-48) will cover a new tax for Life Safety Services. There is also an option (04-49) changing to the existing Fire Tax by increasing the amount and clarifying that it also covers Life Saving Services. A third option would be to edit 04-49 and change the language of the existing Fire Tax to clarify that it can be used for Life Safety Services, but the tax would not be raised. A fourth option would be none of the above.
Councilmember Carroll asked that comments be no more than two minutes.
Mayor Borrowe noted that he did not think any taxes should be raised, but money needed should come out of the General Fund. If we find out later that we need more, we can raise the taxes. He stated that he thinks the residents should have a tax cut.
Councilmember Millsap agreed that we should not ask for more taxes, but not to give any taxes back as we will need the money.
Councilmember Carroll agreed that there should be no increase in the taxes.
Councilmember Millsap asked if we later need more, do we have to have a vote again.
City Attorney Levin explained that any increase would have to be voted on by the electorate. The amounts in the ordinance are maximums. You do not have to charge the full amount in any given year. If it is not all used in one year you can increase it by the given amount without a vote. If you want to go above the maximum amount in the ordinance you would have to have another vote.
Councilmember Klein stated that he does not want to use General Fund money for the Fire Safety Services. He noted that he wants to use General Fund money for a new Fire Facility. We do need to give the residents the opportunity to make their choice.
Mayor Borrowe noted that he had received several letters and notes asking him to save them from more taxes.
Mayor Pro Tem Douglas stated his opinion that he does not want to use reserves for expenses, but he also does not want to impose taxes on people. He would like votes on the taxes. There are time limits, so it will not be resolved quickly. We will have to pay for the Services until it is decided by votes.
Councilmember Carroll offered a motion to not place Resolution 04-48 on the Ballot proposing a new tax covering Life Safety Services. The motion was seconded by Mayor Borrowe and was approved as follows:
AYES: Borrowe, Carroll and Millsap
NOES: Douglas and Klein
ABSENT: None
B. Approval to place new Consolidated Life Safety/Fire Suppression & Services Tax Ballot Measure on the General Municipal Election on March 8, 2005.
RECOMMENDATION: Approval to place new Consolidated Life Safety/Fire Suppression & Services Tax Ballot Measure on the General Municipal Election on March 8, 2005 by adopting Resolution No. 04-49.
RESOLUTION NO. 04-49 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS PROPOSING A FIRE AND LIFE SAFETY SERVICES TAX TO REPLACE THE EXISTING SPECIAL FIRE TAX AND SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AT THE MARCH 8, 2005 GENERAL ELECTION AN ORDINANCE IMPOSING SUCH TAX AND TEMPORARILY CHANGING THE CITYÕS APPROPRIATION LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
Councilmember Carroll offered a motion to not place Resolution No. 04-49 on the ballot which would alter the present Fire Tax to include the Life Safety Services Tax as written and increase the tax by 20%. Mayor Borrowe seconded the motion.
City Attorney Levin explained that if approved, the 20% increase does not have to be increased all at one time. It is a maximum potential.
The motion failed as follows:
AYES: Borrowe and Carroll
NOES: Douglas, Klein and Millsap
ABSENT: None
Councilmember Klein offered a motion to adopt Resolution 04-49 and place it on the ballot as written. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Douglas, Klein and Millsap
NOES: Borrowe and Carroll
ABSENT: None
13. WRITTEN ARGUMENTS – CITY BALLOT MEASURE
RECOMMENDATION: Adopt Resolutions No. 04-50 and 04-51.
RESOLUTION NO. 04-50 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AUTHORIZING MEMBERS OF THE CITY COUNCIL TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
City Attorney Levin commented that this Resolution directs her to prepare an impartial analysis of the two measures the Council is placing on the Ballot and also authorizes any and all members of the City Council to file written arguments in favor of those measures.
Councilmember Carroll asked if those who are opposed might not write their position.
City Attorney Levin stated that they might write, but they would not get the priority that is afforded the Council. Theoretically you could authorize the Council to write the argument in opposition as well.
Councilmember Carroll asked if a member of the Council wanted to, could he write in opposition as a private citizen.
City Attorney Levin stated that he could do that but could not sign as part of the Council. She also noted that Ballot arguments are due no more than 14 days from today. This would be on Wednesday, December 23, 2004. Ten days after the arguments in opposition to the measures the rebuttal argument to the arguments in opposition are due.
City Attorney Levin clarified that two members of the Council can work on the draft copy of the arguments in favor of the measures, but the signing by three members has to be at a Special City Council meeting.
Councilmember Millsap asked about the wording on Resolution No. 04-50, 2.
City Attorney Levin stated that in the first sentence, it should read, ÒProposing a Fire and Life Safety Services Tax-----.Ó Item 2 on 04-50 refers to Resolution No. 04-49.
Mayor Borrowe asked that on page 2 the spelling of his name should be corrected.
City Manager Hendrickson asked that on Section 1. of Resolution 04-50, first sentence, Òa written argumentÓ be changed to read Òthe written arguments.Ó He also asked that Òthe City measureÓ be changed to read Òthe City measures.Ó
Mayor Borrowe offered a motion to adopt Resolution No. 04-50 as amended. Councilmember Millsap seconded the motion.
City Attorney Levin stated that the Council should decide who is making the draft of the arguments in favor of the measures and when it is going to come back for approval.
Councilmember Millsap suggested that Councilmember Klein and Mayor Pro Tem Douglas should make the draft.
The Council discussed when the Council could adopt the draft.
The consensus of the Council was to have a Special City Council meeting on Tuesday, November 23, 2004 at 7:00 P.M.
City Attorney Levin noted that they would have to take Public Comments on just the Agenda Item.
Councilmember Millsap suggested that the comments be kept to three minutes.
City Attorney Levin stated that rebuttal arguments must be in by 10 days later.
Mayor Pro Tem Douglas asked for a draft by City Manager Hendrickson for them to look at by Friday morning. Councilmember Klein and he can then modify it as they see fit.
The consensus of the City Council was to agree to Mayor Pro Tem DouglasÕ suggestion.
City Attorney Levin stated that the City Clerk would be at City Hall Wednesday, November 24, 2004, until noon to accept valid arguments.
After discussion the motion to adopt 04-50 was approved as follows:
AYES: Douglas, Klein and Millsap
NOES: Borrowe and Carroll
ABSENT: None
RESOLUTION NO. 04-51 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, PROVIDING FOR THE FILING OR REBUTTAL ARGUMENTS FOR CITY MEASURES AT MUNICIPAL ELECTIONS.
Mayor Pro Tem Douglas offered a motion to adopt Resolution 04-51. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Douglas, Klein and Millsap
NOES: Borrowe
ABSTAIN: Carroll
ABSENT: None
14. CITY MANAGERÕS REPORT
City Manager Hendrickson stated that he had no report.
Mayor Pro Tem Douglas noted that the City has about a dozen properties that drain mud onto the roads, and he asked City Manager Hendrickson if we are sending bills for the cleanup to those property owners.
City Manager Hendrickson answered that they had been preparing bills to send.
Mayor Pro Tem Douglas asked if the new inspector for the roads could prepare a monthly report for us.
City Manager Hendrickson answered that the inspector was going to do that.
15. CITY ATTORNEYÕS REPORT
There was no City AttorneyÕs Report.
16. PLANNING DIRECTORÕS REPORT
No Report.
17. CITY ENGINEERÕS REPORT
No Report.
18. FIRE CHIEFÕS REPORT
Fire Chief Nielsen reported that we had no traffic accidents in October.
19. SHERIFFÕS DEPARTMENT REPORT
No Report.
20. COMMISSION/COMMITTEE REPORTS
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Norm Zezula stated that the comment was made tonight that more people were not here tonight because they were happy with the decisions made at the last meeting.
Councilmember Millsap commented that she qualified her statement by saying Òperhaps.Ó
Norm Zezula suggested that they do not attend the meetings because they do not think anything they say is paid attention to. It seems that the majority of the Council have their minds already made up. That is the impression a lot of people have. Mr. Zezula noted that he was mostly referring to the decision for building the Fire Station and City Hall on the new property.
Councilmember Carroll explained that a decision has not been made.
Mr. Zezula stated that it is the perception among the residents.
Councilmember Klein commented that City Manager Hendrickson has been asked to write a rough draft on both motions including the Gann override. We should be able to discuss all of this at the same time. He noted that only Councilmember Klein and Mayor Pro Tem Douglas can discuss the draft on the argument in favor of the measurers.
Councilmember Millsap stated that the Council had been invited in the past to attend the SheriffÕs basic City Council Academy. She recommended it to all of the Council.
ADJOURNMENT
Mayor Borrowe adjourned the meeting at 2:35 A.M. to the Special City Council meeting on December 23, 2004 at 7:00 P.M.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON