CITY OF LA HABRA HEIGHTS
MINUTES OF A SPECIAL MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
NOVEMBER 23, 2004
1. CALL MEETING TO ORDER
Mayor Borrowe called to order the Special Meeting of the La Habra Heights City Council at 7:00 P.M. on Tuesday, November 23, 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 and Fire Chief Nielsen.
3. FLAG SALUTE
Mayor Borrowe led the flag salute.
Norm Zezula spoke about the City AttorneyÕs Impartial Analysis of Measure B. Mr. Zezula stated that he had hoped to find out from the Analysis and have it made clear, if the measure does not pass, how much of the Paramedic cost increase can be taken out of the Fire Fund and how much out of the General Fund. If not all of the Council approve the measure, but might vote for it to be placed on the ballot, is it possible for each member of the Council to openly declare whether they support the measure, oppose it, or are undecided?
Discuss and adopt written Arguments for overriding the Gann Limit due to the Fire Tax.
City Manager Hendrickson explained that the Gann Limit is a limit to the amount we can expend. The CityÕs Gann Limit is $2.4 million. The General Fund expenditures this year are about $400,000 less than the Gann Limit. Without the Gann Override and with the increase necessary in the Fire Department, we would have to cut the expenditures of the Fire Department by almost $400,000. It is important that the Public vote for this Gann Override in order to fund the Fire Department with the full Fire Fee.
City Manager Hendrickson explained that the Fire Fee was raised only one time, but the Gann Override was used every four years after its inception and has been approved by the voters. He stated that the Council has approved this override, and this is just the Argument for it.
City Attorney Levin explained that the Gann Limit Override Ballot Measure allows spending the proceeds of the existing Fire Tax.
Councilmember Klein offered a motion to approve the Argument for overriding the Gann Limit with all 5 Councilmembers signing. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
5. FIRE TAX/LIFE SAFETY TAX ARGUMENTS
Discuss and adopt written Arguments for Fire Tax/Life Safety Amendment, Resolution 04-49.
City Manager Hendrickson reported that the Council had approved 3 to 2 an amendment to the Fire Tax to clarify that it included the Life Safety Tax and can be used as an expenditure for Paramedic Services. Resolution 04-49 also limited that fees could be raised up to 20% above where the Fire Tax is right now. The Council also approved that Councilmember Klein and Mayor Pro Tem Douglas will draft language in favor of Resolution 04-49.
City Manager Hendrickson explained that he and the City Attorney had some question as to whether the measure can be clarified without putting in dollar amounts. The intent was that if there was any raising of fees, it would be done through a Council Meeting with Public Notice and input through the Budget process, not through this measure. The City Attorney has said that there is a way to do this without putting in a dollar amount by adjusting the language. This is not on the Agenda tonight, so we need to continue this item to a special meeting to decide the language which will indicate that we only want to join the use of the Fire and Life Safety Tax together.
City Attorney Levin explained that Resolution 04-49 that was approved for placement on the Ballot at the last meeting made a significant change to the purpose for which the funds can be used. It also made a small increase in how much you can raise the tax. The tax will go up approximately 3% in March on its own accord. That would bring the authority to raise the tax up to about 18% without raising the fee in a Ballot Measure. This is not on the Agenda to consider tonight. The time for submitting a new measure expires next Monday by 6:00 P.M. It must be decided tonight whether to place an Argument in favor of Measure 04-49 on the Ballot or, not to place an Argument in favor on the Ballot, or continue this item until a Special Meeting on Monday, November 29, 2004.
Councilmember Millsap stated that her opinion was that they need to do this on Monday, as there is much misunderstanding on this Measure and she quoted a newspaper article that has several mistakes in it on the issue.
City Manager Hendrickson noted that December 9, 2004 was the deadline for adopting any measures that go on the ballot. The Council has already adopted Measure 04-49 and that triggers a timeline for people to respond in adopting Arguments. That timeline ends on Monday, November 29.
Mayor Borrowe stated that, in his opinion, they need to see the Argument in favor of Measure 04-49 tonight.
City Attorney Levin explained that the Arguments become public at the time the whole Council receives the Argument.
Councilmember Klein offered a motion to continue Item 5 until the Special Meeting on Monday, November 29, 2004 at 7:00 P.M.
City Attorney Levin explained that if the item is continued to Monday night at 7:00 P.M., you would no longer have the option of submitting a valid Argument as a Council in favor of Resolution 04-49. You could withdraw the measure from the ballot and adopt a different measure, and the clock would begin to run 14 days at that point for submission of valid Arguments. You could either approve a valid Argument on that night or wait closer to the end of the 14 days and hold another Special Meeting. You also need to decide what you want on the Agenda for Monday, November 29, 2004.
City Attorney Levin explained that you could not continue this Item. If the item is continued past 6:00 P.M., Monday, there would be nothing you can do with the item. The motion should be to schedule a Special Meeting for Monday, November 29, 2004 and to Agendize the withdrawal of Resolution 04-49 and consider a Ballot Measure to amend the purpose of the current Fire Tax to include Life/Safety Services but not to affect the rate of the current Fire Tax.
Mayor Pro Tem Douglas asked if you could Agendize two different measures.
City Attorney Levin explained that you can Agendize two different Ballot Measures on Monday night along with authorizing Arguments in favor of the Measures. As soon as you circulate a draft Argument in favor to the Council, it becomes public. Your options for the Agenda on Monday are: 1) not to Agendize the Arguments at all for Monday, 2) to Agendize for Monday but not circulate it, or 3) Agendize it for Monday and circulate it, which would make it public.
The Council discussed whether to wait and see what will happen on Monday, and not circulate the Argument in favor of Resolution 04-49 that they already have, as the Resolution may change.
City Manager Hendrickson suggested appointing the ones to prepare the Argument in favor of Resolution 04-49 at the Special Meeting and designate the time to consider the Argument.
Councilmember Carroll noted that there would be three different items on the Agenda; 1) Resolution 04-49, 2) one that will increase the fee substantially and 3) one that will not increase the fee.
Councilmember Klein withdrew his motion to continue Item 5 and modified his motion to Agendize a Special Meeting for Monday, November 29 at 7:00 P.M., to Agendize three measures as noted by Councilmember Carroll, and Agendize to choose the people who will draw up the Argument in favor and when it will be circulated. The motion was seconded by Mayor Pro Tem Douglas and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Borrowe adjourned the meeting to the Special City Council Meeting on Monday November 29, 2004 at 7:00 P.M.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON