CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
JULY 14, 2005
The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
á EXISTING LITIGATION
Snell V. Sinjem, et al.
á PERSONNEL
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
City Manager
1. CALL MEETING TO ORDER
Mayor Douglas called to order the Regular Meeting of the La Habra Heights City Council at 7:33 P.M. July 14, 2005 in the Multi Purpose Room at 1245 Hacienda Road.
2. ROLL CALL
Members present: Mayor Douglas, Mayor Pro Tem Millsap, Councilmembers Bergman, Carroll, and Klein. Also present: City Manager Hendrickson, City Attorney Levin, Community Development Director Massa-Lavitt, Planning Technician Doppieri, Fire Chief Nielsen, and Sheriff Lieutenant Ault
3. FLAG SALUTE
Former Mayor Borrowe led the flag salute.
Mayor Douglas announced that Ruth Ann Paczkowski, a long-term City employee passed away two nights ago. He stated that the Council wishes to dedicate this meeting to her memory.
City Manager Hendrickson stated that her passing was a surprise and a shock. She had worked for the City since 1994 and she was a very good and valuable employee, who was pleasant and helpful at the counter and always dependable. She handled all personnel, workers comp issues, all of our human resource and accounts payable. We needed her attention to detail. She left a husband, a son and two grandchildren. The service will be next Tuesday at 11:00 A.M. at White Emerson Mortuary Chapel at Friends and Philadelphia in Whittier. Her family asked that in lieu of flowers, please donate to the Diabetes Research Foundation.
Mayor Douglas noted that you could always count on Ruth to know where everything was and how it worked.
á Mayor Douglas will present Certificates of Academic Achievements to students.
Mayor Douglas presented Certificates of Academic Achievement awards by the Los Compadres Club to the following students: Andrea M. Azurdia, Damaris Feceu, Jessica Fernandez, Rachel Green, Paul Kim, Sandra Lamprecht, Katherine Powers, Monica Rios, Valerie A. Silva, Avetis Tagrina, Sarah Urane and Michelle Wolfarth.
Mayor Douglas commented that there were no reportable actions taken during Closed Session. If the meeting ends early enough we will reopen the Closed Session.
á Joan Klopfenstein, Communications Chief, will present awards to Lori Peterson and Jayne Geissinger for many years of dedicated service as dispatchers for the La Habra Heights Volunteer Fire Department.
Communication Chief Klopfenstein gave a brief history of the volunteer dispatchers and how the Fire Department has grown. She presented each of the dispatchers with a recognition plaque for dedicated service.
á John Nielsen, Fire Chief, will present certificates of completion to the CERT training graduates.
Chief Nielsen explained that CERT means Community Emergency Response Teams. FEMA has set up the CERT program and the teaching credential that is involved. On June 18 and 25, 2005 the training for this group happened. The involvement of the teaching credential that FEMA set up assures that every CERT across the United States will be trained the same and can work with any other member. He stated that a new class would start up in November. Anyone interested may call the Fire Department or Kathy Sauble. He noted that there would be a CPR and First Aid Class in August however this is not part of the CERT program.
á Kathy Sauble, Emergency Preparedness Chairperson, will report on matters pertaining to the Committee efforts in Emergency Preparedness.
Kathy Sauble explained that the theme this month is ÒStay or GoÓ. She noted that chemical release or accidents involving various hazardous materials could cause serious injuries or death. The authorities could tell you to stay in your homes or cars or to evacuate to a designated place. You should check out what hazards there might be and form needed plans. You can find more information at www.esprocus.org. Store 72 hours worth of food and supplies. Always plan where to reunite afterwards. She gave many helpful hints for such emergencies.
á Public Works Committee
Jerry Shipman, Public Works Chairman, stated that there are plans for the work that has to be done by City funding. Mr. Shipman stated that anything that is an emergency will be repaired. There are several potholes that have appeared. There is berm repair and slurry work needed. We have to finish the work on Zone 3, which is the area east of Hacienda Road, such as Avocado Crest up to Cypress Street. Maintenance work on Zone 1 and 2 has been completed and when Zone 3 is complete we will be on schedule for our 5-year plan. There are two areas (Solejar near West Rd. and a spot on Las Palomas) that need some type of repair to be determined.
Mr. Shipman commented that we still have a problem with truck traffic. There are certain streets that cannot handle large trucks. They chew up the pavement and some get stuck due to their length. He stated that so far they have not been able to find a City that has ordinances about this problem.
Councilmember Millsap asked Mr. Shipman what type of trucks he was referring to.
Mr. Shipman answered that there are two problems. He noted that the trash trucks are one problem. There are also 18-wheelers that are just too long to go around the curves or corners in some areas.
Councilmember Millsap commented that trucks that are used when building homes should be handled by the Planning Department. There are other deliveries that will be harder to control. Residents expecting large deliveries should let vendors know the conditions in our City that might need a smaller truck. They could go to The Park if necessary and off-load to a smaller truck.
Councilmember Klein noted that he has seen signs in cities that have winding roads that limit the size of a truck.
City Manager Hendrickson stated that whatever signs might be posted would have to be done by Ordinance. The Committee has to decide whether they need signs on all streets, or just certain problem streets and what the limits should be.
Mayor Douglas noted that the large School Buses are a problem on some streets where they have to cut first to one side and then the other to get around a corner. Maybe some kind of apron could be put in on those corners, which might protect the road edges.
Sheriff Lieutenant Ault commented that a lot of the trucks that had to be lifted out by cranes were out of State drivers with a poor map or were diverted off of the main streets and just do not know where they are going. She suggested signage.
Mayor Douglas commented that the Music in the Park program by the La Habra Heights Improvement Association (LHHIA) is said to be very good this year and he thanked Claire Spothelfer for her efforts. He also thanked Mary Daniels for her many years of service for the Community and has now retired from her position with LHHIA.
PUBLIC COMMENTS ON MATTERS ON THE AGENDA AND NOT ON THE AGENDA
Jerry Shipman spoke about the options offered at the Town Hall Meeting for renewing the Fire Department and City Hall:
1. Replacement of both facilities at this location.
2. New Facilities at West and Hacienda.
3. Remodel of both facilities at this site.
4. Refurbish the Fire Department.
Mr. Shipman stated that the cost estimates for the first three options were preliminary estimates and were in his opinion understated. Most residents had not had time to consider the options and estimates on them, so now real consensus was made but there was only a small percentage of residents here. He stated that from that meeting he understood that a committee was to be formed to look into a long-range study of the impact of these different options. Mr. Shipman stated that as far as he knew no committee had been formed and little further information has come out on the subject. He also understood that this would become a ballot issue and residents would get to make the final decision. There is a rumor that the issue will not be decided by the voters, but by the City Council. He asked if the Council is going to put this to a vote by the people.
Mayor Douglas answered that they are in the process of evaluating the costs and options. The City Manager has been working on this, but IÕm not sure there is anything new to report at this time.
Mr. Shipman stated that he wanted to know if the residents are going to get to vote.
City Attorney Levin noted that State law precludes discussion of items that are not on the Agenda and this is not an Agenda item. It would have to be Agendized to be discussed.
Mr. Shipman asked how they could get it agendized.
Mayor Douglas stated that the Council does not have enough information to make any decisions at this time. No decisions have been made.
John Beau, Casalero Drive, asked what the status is of the Ordinances implementing the General Plan.
Mayor Douglas explained that this would be considered by the Planning Commission first.
The Community Director Massa-Lavitt explained that the first Planning Commission Study Session would be held on July 25, 2005 for Article Seven, which is the Zoning Ordinance. It is the only Article that the Planning Commission will be dealing with at this time. The second meeting for a Study Session will be held on July 26, 2005 after the Regular Planning Commission meeting. There is also another meeting scheduled for August 13, 2005 on Saturday from 9:00 A.M. until 4:00 P.M.
City Attorney Levin stated that the Planning Commission will be making a recommendation to the City Council whether or not to adopt Article Seven or make changes to it and then it will be the City Council who will make the decision to adopt that code. There will be further Public Hearings before the City Council.
Janice Slattery, noted that she has flowers to present to Lori Peterson and Jayne Geissinger from the Fire Department.
Ed Borrowe, former Mayor, stated that he was concerned about the Fire Station and City Hall. Mr. Borrowe stated that when they formed the Committee, he asked that they have residents on that Committee. We have had firemen that suggested what needs to be done for the new Fire Station. At that time the Council stated that they did not want residents on the Committee. Several firemen stated that we need a small Fire Station on the East Side and one on the West Side to shorten response time. He stated that we have property on the East side that could be used for a small station. Several firemen suggested that L.A. County Fire Department be consulted as to what they would want if they took over our City as the Fire Department. In his opinion we will soon be a paid Department rather than a Volunteer Fire Department. Mr. Borrowe noted that when he was on the Council he asked that they find how we could improve the quarters for the Fire Department and protect their equipment and yet spend as little as possible. He stated that the City did not respond to his request. He felt the residents should be allowed to vote on the least expensive improvement of the Fire facilities, improve the Firefighters quarters and to cover the equipment and if the City needs more room they can expand behind the present building. He stated that it must go to a vote since it is the residentsÕ money. He asked that this be put on the August Agenda to ask each Councilmember that it be put to a vote by the residents.
Councilmember Millsap asked if Mr. Borrowe was asking that the residents should vote on whether the facilities are moved to the new property or on the financing.
Mayor Douglas stated that this was another item that we really cannot discuss at this time.
Councilmember Millsap commented that they had placed money aside in the budget for an election if we need one.
Jobie Townshend-Zellner, Canonita Drive, suggested that they build the City Hall and retreat type buildings that the City can rent out at West Road and Hacienda. She stated that she is working on recommendations of what else should be there. She suggested that everyone review the tape of the Story of La Habra Heights. This would renew the residentsÕ vision for the City. She felt that a copy was at City Hall. She noted that L.A. County tract map had slightly less space on it than the map handed out at the Town Hall meeting. The City should be sure that this is not a real difference.
Davida Pearson, Bonnie Jean Drive, noted that a new resident has a run down barn and fencing and went to the Planning Department and found that she could not improve it as she wanted. Ms. Pearson noted that her neighbor understood that the Planning Department wanted to go to the City Council to ask them to make an Ordinance to have horse fencing the same as regular fencing with a 25 foot set-back. Ms. Pearson asked the Council not to approve an Ordinance that would in any way discourage horses.
Mayor Pro Tem Millsap asked if Ms. Pearson had been referring to the Planning Commission or the Planning Department.
The City Manager noted that it was the Planning Department. It has not gone to the Planning Commission.
Community Development Director Massa-Lavitt stated that they are talking about the horse section of Article Seven that will be considered by the Planning Commission.
FINANCIAL MATTERS
5. APPROVAL OF WARRANTS – JUNE 2005
Mayor Pro Tem Millsap stated that she has a question on page one of the Warrants. She asked on Warrant 42923 to Carolyn Harsman, if this was the program that was developed for our hazard mitigation plan?
City Manager Hendrickson explained that it was and it was a final payment. She had failed to send us the bill.
Mayor Pro Tem Millsap pointed out Warrant 43144 and asked if this was for the trash enclosure at The Park.
City Manager Hendrickson answered in the affirmative and explained that this expense would come out of the Parks and Recreation funds. It is one of their projects. It represents the total cost.
Councilmember Carroll offered a motion to approve the Warrants for June 2005 in the amount of $433,312.66. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – MAY 31, 2005
The TreasurerÕs Report consisted of:
Schedule of Cash & Investments
Schedule of LAIF Investments
Cash With Fiscal Agent – Bank of New York
Payments to City Engineers
Payments to City Attorney/City Prosecutor
Major Planning Projects
Balance Sheet
Monthly & Year-to-Date Revenues Compared to Annual Budget
Monthly & Year-to-Date Expenses Compared to Annual Budget
Mayor Douglas asked if there is a CUP deposit still needed for the Dorothea Great Wall project, as there is staff work continuing. They do have an improved project now going on.
City Manager Hendrickson answered that they do have an approved project now, but there may be some staff work to do on this. There will be some submittals by Engineering next week. Progress is being made.
Councilmember Klein offered a motion to receive and file the TreasurerÕs Report of May 31, 2005. The motion was seconded by Mayor Pro Tem Millsap and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
STANDARD MOTIONS
7. APPROVAL OF MINUTES: Minutes of a Special Meeting of the City Council of May 26, 2005.
Minutes of a Special Meeting of the City Council
of June 2, 2005.
Minutes of a Regular Meeting of the City Council of June 9, 2005.
Mayor Douglas offered a motion to approve the Minutes of a Special City Council Meeting of May 26, 2005, Minutes of a Special Meeting of the City Council of June 2, 2005 and Minutes of a Regular Meeting of the City Council of June 9, 2005. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
CONSENT CALENDAR
8. IT IS RECOMMENDED THAT THE CONSENT CALENDAR BE ACTED UPON BY MOTION OF THE CITY COUNCIL UNLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY A COUNCIL MEMBER OR A MEMBER OF THE AUDIENCE.
8.a. HEIGHTS CHRISTIAN SCHOOL MONTHLY REPORT
June 2005 Status Report for Heights Christian School.
8.b. CONFIRM APPOINTMENT OF WAYNE WALKER, PUBLIC WORKS COMMITTEE
Councilmember Klein offered a motion to approve Item 8.a. and 8.b. as presented. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
PUBLIC HEARINGS
9. NOTICE OF PUBLIC HEARING REGARDING A PUBLIC NUISANCE
William and Maxine Robertson at 1965 Subtropic Drive – Abatement.
Item 13 was moved up to be considered with Item 9.
13. 1965 SUBTROPIC DRIVE ABATEMENT
RESOLUTION NO. 05-17 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS DECLARING THAT THE PROPERTY OF 1965 SUBTROPIC DRIVE WITHIN THE CITY OF LA HABRA HEIGHTS IS A PUBLIC NUISANCE AND DELARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF.
Barbara Doppieri, Code Enforcement Officer asked that the Council declare the property of 1965 Subtropic Drive a Public Nuisance and adopt Resolution 05-17 and order Staff to abate the Public Nuisance and appropriate up to $30,000 for the abatement.
Barbara Doppieri stated that the City started this case in July 2003. After several failed attempts at compliance, Staff declared the property a Public Nuisance and started prosecution proceedings. On February 2, 2005, Mr. and Mrs. Robertson entered a plea of Òno contestÓ to all counts of the complaint. The judge suspended the sentence and sentenced Mr. and Mrs. Robertson to summary probation for three (3) years and required the property to be cleaned. The final deadline date for the cleanup was June 6, 2005. Ms. Doppieri noted that during their inspection on June 21, 2005 the property was still not in compliance.
Code violations were Code Section 3401.3 (General Hazards/Nuisance), Code Section 4501 (Abandoned Vehicles) and Code Section 9205 (Zone R-A – Prohibited Uses).
City Staff determined that this property is a Public Nuisance and affects the property values in the surrounding neighborhood. The accumulation of junk, trash and debris is an extreme fire and public health hazard. It would also be a hazard to fire personnel. Fire fighting activities would have to be limited to the outside and surrounding neighbors however if a life were in danger they would make all attempts to rescue the person. Ms. Doppieri commented that running simultaneously with this request is a request by the City Prosecutor (Dapeer, Rosenblit & Litvak) to the courts to revoke RobertsonÕs probation and issue sanctions. The judge will issue the abatement warrant to run along with any other decision made.
Ms. Doppieri explained that the City will need to cover the costs of the abatement, however all costs associated with this clean up are recoverable under the LHHMC Code Section 3409 (liens). There is sufficient equity on this property to cover this abatement.
$30,000 will cover any unforeseen circumstances including running over one (1) week for the clean up, excessive weight of dumpsters or any damage to the road in bringing the dumpsters out. She stated that she was not including any cost for hazardous waste.
Ms. Doppieri presented pictures of the property condition.
Mayor Douglas asked for clarification that they have not complied with the Court orders.
Ms. Doppieri explained that the Judge gave them deadlines dates and gave the City latitude for one of the dates (storage container due to the rains causing serious mud conditions), but mostly they missed the deadline dates they were to meet.
Mayor Douglas asked if Staff had any idea what the Judge might do with this situation.
Ms. Doppieri noted that it is possible for the Judge to issue fines or jail time. The Judge told them at the time of their court visit that if they did not comply they would go to jail, but stated that she did not know what the outcome would be.
Mayor Pro Tem Millsap noted that they were each to pay $100 to the State Victims Restitution Fund. She asked what the fund is for.
Ms. Doppieri stated that this is for victims in general. Victims may apply to that fund for medical care etc. A similar fund is in most states.
Mayor Pro Tem Millsap asked if the estimated cost for the clean up covers tow trucks for the extra vehicles.
Ms. Doppieri stated that it did not, as it would depend what the Judge ordered about them.
Mayor Pro Tem Millsap asked how closely Staff would watch over the whole clean up.
Ms. Doppieri answered that they were required to have a Staff person on site all the time of the clean up, because everything removed from the site must be documented and reported back to the Court when we take the Warrant back. She stated that Waste Management would provide dumpsters and we will separate it on site for the various types of trash and they will take care of the recycling for us.
Mayor Pro Tem Millsap asked if the Judge would specify which items have to be removed.
Ms. Doppieri noted that the Judge has ordered all outdoor storage removed.
Mayor Pro Tem Millsap stated that even though you have estimated the cost of the clean up at $17,124 and asked for $30,000 just to cover anything unexpected, she was of the opinion that the cost might go even higher.
Councilmember Bergman asked if there was a chance of any hazardous material being on the property. If there is any, would it drive the cost up?
Ms. Doppieri stated that she did not think so. She noted that she did not think the drums are still there. She noted that Waste Management would help us with that.
City Attorney Levin noted that Hazardous waste would cost more to dispose of.
Ms. Doppieri explained that if they find anything that they think might be hazardous they can call the Fire Chief for a determination. She also stated that the City would have a fourteen-day (14) period to do this and get the Warrant back to the court.
Mayor Pro Tem Millsap stated that she was concerned that if more money is needed before we are finished it would cause a delay and have to go back to court and extend the time.
City Manager Hendrickson stated that they had mentioned $50,000, but did not want to go too high.
Mayor Pro Tem Millsap recommended $35,000 or $40,000 so there would not be any delay of the work if we came up short.
Councilmember Klein expressed his concern that if they provided more money, more would be spent. How much would it delay things if they needed more?
City Manager Hendrickson explained that if necessary it would take a 24-hour notice of a special meeting for that purpose.
Councilmember Klein noted that he would rather see them stay on the lower side and come back after more if necessary.
Ms. Doppieri explained that needing more money would not necessarily stop the process because the bills would probably not all come in at the same time.
Mayor Douglas also noted that the Staff could be keeping track so they would know if they were getting close to the limit of the money provided and need more.
Councilmember Carroll expressed his opinion that they should go for the higher amount.
Councilmember Bergman asked Staff if Mr. and Mrs. Robertson could continue to clear their property before the date we get a Warrant.
Ms. Doppieri answered affirmatively. She explained that once we start the clean up they may not interfere in any way. She noted that we go to court on July 26, 2005 and the fourteen (14) days will start at that time.
Mayor Douglas opened the meeting for Public Comment.
Mr. Hendrickson read a letter he had received from Mr. Beinbrech, Virazon Drive. He stated that 1965 Subtropic was a disgrace to the neighborhood and he was pleased that the City was demanding a clean up.
Kathy Sauble, noted that Mr. and Mrs. Robertson could take advantage of the Clean Up Day at The Park. She noted that there was a two-truck load per person limit. Would they make an exception in this case?
Mr. Hendrickson answered that he had not talked to the firm that is handling the Clean Up Day, but this is for the whole City and that is probably why there is a limit.
Mayor Pro Tem Millsap noted that some in the Community might be willing to help the Robertsons out with that limit.
Ms. Sauble also noted that there are residents in the Community who are licensed to test HAZMAT materials.
Mr. Hendrickson stated that the City would have to certify any testing as they are responsible for a Warrant order.
Maxine Robertson, Subtropic Drive, stated that they have tried to comply as best they could. She commented that in April of 2003 they had an extensive arson fire on property they owned in Long Beach. She stated that it took her and her husband one year, working every day to rebuild that property to code.
Ms. Robertson stated that the rain slowed things down in La Habra Heights. She also explained that they have taken in a man who had unfortunate situations in his life. A lot of the items belong to him. She proceeded to give a short history of what she had done to comply with the clean up orders. She stated that the drums contain water.
Ms. Robertson stated that her husband has not been able to help her as he has a serious knee problem and is scheduled for surgery. The surgery has been delayed twice this year due to his health.
She stated that she was grateful for the large amount of help she has had.
Mayor Douglas closed the Public Comment and brought the meeting back to the Council.
Councilmember Carroll explained that he saw no need to raise the amount for funding the clean up on 1965 Subtropic Drive.
Councilmember Carroll offered a motion to approve Item 13 and adopt Resolution 05-17. The motion was seconded by Mayor Pro Tem Millsap.
Councilmember Bergman asked if Mr. and Mrs. Robertson make progress, could we move slowly.
Ms. Doppieri stated that the time line is already out of our hands. They are not in line with the JudgeÕs time line.
Mayor Pro Tem Millsap commented that any progress they make from now to July 26 could make an impression on the Judge.
Ms. Doppieri noted that they have made tremendous progress and she was always trying to encourage them to keep them going.
Councilmember Klein noted that the amount asked for has not been increased.
Mr. Hendrickson asked that the motion be amended to set a limit of the amount we can use up to $30,000.
Councilmember Carroll amended his motion to also cover $30,000 as the amount that can be used.
Mayor Pro Tem Millsap agreed to second that motion as long as it was assured that extending that amount if needed would not stall the project. The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
OLD BUSINESS
10. CITY SPONSORSHIP OF ÒGARDEN HARVESTÓ EVENT
City will consider co-sponsoring the Garden Harvest Event. Event would be covered by City insurance policy.
City Manager Hendrickson reported that at the June 9, 2005 Meeting, the Council agreed to pay the liability Insurance premium for the Garden Harvest event held prior to the Music in the Park event and to consider making the Garden Harvest a City co-sponsored event. The Council requested the Parks and Recreation Commission to review, discuss and recommend whether and how this co-sponsorship should be handled.
City Manager Hendrickson stated that the Parks and Recreation Commission did discuss this matter at their July 6th meeting and are recommending that the City co-sponsor the Garden Harvest event. They made several recommendations contingent and he discussed these with the City Attorney and she will make some suggestions.
City Manager Hendrickson listed the recommendations from the Parks and Recreations Commission for the City to co-sponsor this Garden Harvest event.
1. Only produce grown, or fine art made in La Habra Heights may be sold or displayed at the event.
2. Those selling or displaying items must be residents of the City of La Habra Heights.
3. The Garden Harvest co-sponsors must certify that all participants and all goods and produce are from the Heights; and, they must keep some record of those who participate in order to allow the City to verify compliance, if requested.
4. The event must be open to the public at no (entry fee) charge.
5. The co-sponsors shall be fully responsible for the set-up, takedown and clean up of all tables, chairs, etc.
6. No processed, cooked or canned food may be sold at the event. All produce will be fresh and recently harvested.
7. Co-sponsors may request a donation from vendors to offset some costs.
8. Co-sponsors will be allowed to advertise as a City event in the manner prescribed by the City Manager.
9. As a City sponsored event with minimal City liability, no additional requirement for liability insurance will be required.
10. Only one artisan will display per event. If there are more potential artisans than Music in the Park dates, the Garden Harvest sponsors will return to Park and Recreation Commission with a method of equitably selecting the participants.
11. The co-sponsorship shall expire at the end of 2005 but may be requested to be renewed by the sponsors.
City Manager Hendrickson noted that in reviewing whether to recommend co-sponsorship of an event as a City event, the Parks and Recreation Commission were guided by several factors:
á Does the event promote the Heights in a positive way and is representative of the community?
á Does the event create, promote, or contribute to a positive community experience?
á Is the event consistent with or meet other City goals or objectives?
á Is the event open to all persons in the community without charge?
á Is the event non-political or non-partisan?
á Will the event be conducted in a safe and responsible manner?
á Will the event not create significant damage or change to ÒThe ParkÓ?
á Are the rules of the event sufficient to reduce the CityÕs liability risk?
á Are the promoters of the event sufficiently organized to provide a quality event and control the event to ensure the participants abide to required rules?
They found that the Garden Harvest met all of these criteria, so they did recommend that the City co-sponsor the event and adopt the Parks and Recreation Commission conditions.
City Attorney Levin suggested that they eliminate the factor ÒIs the event non-political or non-partisan.Ó This would get you into First Amendment problems and the City is already prohibited from using City resources to participate in any campaign activities. She recommended that you add two additional factors. Consider whether the organization is non-profit or a commercial entity. The most important factor is whether the event is consistent with, or in furtherance of the General Plan goals and policies. She mentioned the preservation of the rural character, the encouragement of agricultural uses and promoting the wide uses of The Park. The Garden Harvest could be found to meet all three of those policies.
Mayor Douglas noted that City Attorney Levin and City Manager Hendrickson have been looking into this issue of co-sponsorship. All of this information will be brought back in a final form to cover other co-sponsorship situations that might come up so we do not have to recreate the policy each time. It can then be placed in the policy book.
Councilmember Klein asked the Attorney if events could only be limited to La Habra Heights produce and artisans considering that The Park was a gift from LA County.
City Manager Hendrickson stated that in his opinion, you can not limit the use of The Park facilities at any time to just La Habra Heights residents, but in an event that the City sponsors, there can be some restrictions.
City Attorney Levin explained that it depends on the terms of any grant, either grant funding or the grant of the land. She stated that she has not read the terms for the land grant.
Councilmember Klein stated that his decision will be based somewhat on what the Attorney finds after looking at the grant terms.
City Attorney Levin stated that if the Council wants to adopt this item, that you do so with Condition items one (1) and two (2) from the Parks and Recreation Commission recommendations to the extent permissible under LA County rules and restrictions.
Councilmember Carroll asked for clarification that co-sponsoring does not add any insurance cost to the City.
Mr. Hendrickson answered that there is no further cost to the City.
Mayor Douglas clarified that until we get an answer from the City Attorney, Condition one (1) and (2) would not change.
City Manager Hendrickson noted that they would settle the issue prior to next Wednesday at 4:00 P.M.
Mayor Douglas opened the Meeting to Public Comments.
Janice Slattery, stated that she did not want to speak until decisions were made.
Councilmember Carroll offered a motion to approve the CityÕs co-sponsorship of Garden Harvest Events. The motion was seconded by Councilmember Bergman.
City Attorney Levin presented the language for the motion.
City Attorney Levin stated that the motion is to approve the CityÕs co-sponsorship of the Garden Harvest events subject to the Conditions and the review by the City Attorney to ensure that Conditions 1 and 2 are permissible under the LA County restrictions in place and give the City Manager the authority to eliminate any Conditions that may not be consistent with County restrictions.
Councilmember Carroll agreed to the wording of the motion and Councilmember Bergman agreed to second that wording.
Mayor Pro Tem Millsap asked Janice Slattery if she would still want to do this project if Conditions one (1) and two (2) were taken out.
Janice Slattery stated that her first thought would be that they would not want to continue this even though anyone can come to the Garden Harvest now, it would be much harder to handle and verify the participants if they could come from anywhere.
City Manager Hendrickson stated that they would let her know as soon as they find out so she can make her decision.
The motion was approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Douglas asked Ms. Slattery to continue her Public Comments.
Ms. Slattery stated that she and Leila Langston and other volunteers had worked very hard on this, but she had no idea it would take so much time for the City Council. She thanked them all. She noted that the Garden Harvest event this week had over 22 items for sale. We had new customers and new people selling. We had Stan Quade as the artisan. We have John McIlrath next week. Ms. Slattery stated that she would like to give the Council a calendar with pictures of the Heights as a thank you for your time.
Mayor Douglas thanked Ms. Slattery for organizing the Garden Harvest and due to the work that has been done we will know where to go when co-sponsorship comes up again.
NEW BUSINESS
11. CONFIRMATION OF ANNUAL ASSESSMENTS, FISCAL YEAR 2005-06 FIRE PREVENTION AND PROTECTION SERVICES
A Resolution to amend Resolution 04-29 and set new fees for the fire tax rate for Fiscal Year 05-06.
City Manager Hendrickson reported that during the FY 2004-05 rate setting process, the Council rejected on a 3-2 vote a raise in the Fire Fee. An increase would have been used to offset the increase in the paramedic costs.
Mr. Hendrickson continued that the Fire Tax was approved in 1997. The override was re-approved in 2001 and March of 2005. The assessment is allowed to be increased each year by a vote of the City Council by the Consumer Price Index (CPI) increase or 3%, whichever is less. The increase can be accumulative. He stated that the Council has increased the fee once by 5%. That was dedicated to the Fire Facility Fund.
Mr. Hendrickson stated that when we look at the budget shortfall for FY 2005-06, it is $50,000. He noted that attached is a Resolution that does not change the present fees because during the budget session we had not decided whether to raise the fire fee or not. However, a 6.5% increase would raise $50,000.
City Manager Hendrickson stated that his recommendation was that the Council should consider raising the fees at this time to help offset increases in paramedic services. These paramedic costs will still be less than if we had stayed with La Habra. If the status quo is maintained, we will still have 90% of operating costs in total reserves.
Mayor Douglas asked if bills for paramedic services are ignored, do we turn them over to collection agencies.
Mr. Hendrickson stated that Ruth Paczkowski had been taking care of this and she had been directed to first bill the insurance company and then if they did not pay, bill the individual and then through a collections process. It would eventually be placed on the tax bill. This does not include what we will be paid by AMR whenever we use paramedics. They will not pay until one year has passed and it will be approximately $85 per paramedic call. We should get that this fiscal year.
Mr. Hendrickson stated that our fiscal officer likes to have a balanced budget.
Councilmember Bergman stated that he would like to see Chief Nielsen pare some of the $50,000 out of the budget from something else.
Councilmember Klein asked how much has been billed and how much collected.
Mr. Hendrickson noted that they bill $450 per incident and they have collected $900 and AMR will reimburse $85 per incident.
Mayor Douglas asked how many total incidents there have been.
Chief Nielsen stated approximately 56 calls.
Mayor Douglas clarified that it would be approximately $25,000.
Mr. Hendrickson noted that due to a change in the billing process and RuthÕs passing, he was not sure how many bills have gone out.
Mr. Hendrickson commented that they had originally discussed this with a company that does such billing and did not expect to receive more than 10% of the money owed.
Mayor Douglas asked for clarification that residents would not have to pay for some outsider that gets in an accident here.
Councilmember Klein asked what the $50,000 was based on.
City Manager Hendrickson explained that we are expecting $27,000 recovery and transport with paramedics $5,000 for a total of $32,000.
Councilmember Carroll noted that when we were originally discussing this we expected to get $30,000 from AMR annually.
Mr. Hendrickson stated that we made an expectation of $30 to $35 thousand and we are still holding that at $32,000.
Councilmember Carroll asked what we had expected the individual reimbursement to be.
Mr. Hendrickson stated that he was not sure what it had been.
Councilmember Carroll expressed his opinion that they should not touch the tax fee this year because they have not been in service for a year and we should find out how much it is really going to cost us before we increase the fee.
Councilmember Klein stated that in his opinion from the information already gathered the reimbursement is going to be rather short. He stated that he is very conservative.
Mayor Douglas opened the meeting for Public Comment and seeing no one he closed Public Comment.
Mayor Douglas stated that he would really rather not have the money come out of the reserves, but some other way.
Councilmember Bergman stated that he did not like increasing the tax rate 6.5% all at once. He stated that he would rather see a regular small increase.
Mayor Douglas stated that the 6.5% is not a large increase to each property owner.
Mayor Pro Tem Millsap stated that they could have done it that way, but they had always usually voted not to increase the fee. She stated that we could from now on increase by small increments each year if we choose to.
Councilmember Bergman asked how much the increase would be per parcel.
Mr. Hendrickson explained that it should come to approximately a $25 increase.
Mayor Pro Tem Millsap asked for the Fire Budget amounts.
City Manager Hendrickson explained that last year the Fire Department spent $910,000 and this year they spent, with Paramedics, $1,009,000. Our proposed budget is $1,180,000. Part of that is $100,000 that was transferred for equipment. Our original budget in 2004 was $1,144,000. That is not too far from the $50,000 we have been talking about.
Councilmember Carroll asked where the transfer for the land came from.
Mr. Hendrickson noted that it had come from the Fire Facility Fund and half from the Capital Improvement Fund.
Mayor Douglas asked if that is also where the debt service will come from.
Mr. Hendrickson noted that is where it would come from over five years.
Councilmember Klein explained that the reserves are for unforeseen emergencies, not ongoing expense.
RESOLUTION NO. 05-19 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS ESTABLISHING TAX AMOUNTS WITH RESPECT TO THE SPECIAL TAX TO FUND FIRE PREVENTION AND PROTECTION SERVICES, AS WELL AS LIFE SAFETY SERVICES, INCLUDING PARAMEDIC AND EMERGENCY MEDICAL RESPONSE SERVICES, DIRECTING THE IMPOSITION AND ADMINISTRATION OF THE SPECIAL TAX FOR FISCAL YEAR 2005-06 AND TAKING CERTAIN RELATED ACTIONS.
Councilmember Klein offered a motion to increase the Fire Fee by 6.5% to pay the Paramedic shortfall. The motion was seconded by Mayor Douglas.
Councilmember Carroll stated that he would ask that the Council hold off on the tax increase until we have had the Paramedic service for one year to see what the cost really is.
Councilmember Bergman commented that he did not believe we should deficit spend at all, but he believed we can get more money out of the budget and will go for half of the increase. Mr. Bergman stated that he would rather see small increases each year rather than a large one all at once.
The motion was approved as follows:
AYES: Douglas, Klein, Millsap
NOES: Bergman and Carroll
ABSENT: None
12. CONFIRMATION OF ANNUAL ASSESSMENTS, ROAD MAINTENANCE DISTRICT 3.
City Manager Hendrickson stated that every year we have to reaffirm the Street Assessment. It is a fixed assessment that was voted on in 2001. It will not rise. We will not assess any more on Maintenance District 2.
RESOLUTION NO. 05-18 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, PROVIDING FOR THE COLLECTION OF ASSESSMENT INSTALLMENTS FOR FISCAL YEAR 2005-06 IN CONNECTION WITH CITYWIDE STREET MAINTENANCE ASSESSMENT DISTRICT NO. 3 AND TAKING RELATED ACTIONS.
Councilmember Carroll offered a motion to adopt Resolution No. 05-18. The motion was seconded by Mayor Douglas and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
13. 1965 SUBTROPIC DRIVE ABATEMENT
This item was taken out of order with Item 9.
14. AMENDMENT TO CITY MANAGERÕS CONTRACT
This item was considered during Closed Session.
15. REQUEST TO PURCHASE WITH CLEEP FUNDS A PORTABLE SURVEILLANCE CAMERA SYSTEM AND RADAR SPEED SIGNS
Sheriff Lieutenant Ault reported that the Radar Speed Signs look like regular traffic signs. Imbedded in them is radar that will show the driverÕs speed. It can flash a sign that says Òslow nowÓ or above a maximum speed you can set, it will flash a different color showing that they are speeding. We would request three (3) of these. One sign on Hacienda, both north and south bound between East Road and Encanada. One on East Road somewhere between Tumin and Coban. These signs can be installed in a temporary way or as permanent. We are looking to purchase the solar type. It is a little more expensive, but does not have to be hard wired in and are more portable if we need to move them. We tested these signs in front of The Park and it seemed effective. Whittier uses these signs effectively and several other Cities do also.
The other item is a Camera Surveillance system for The Park. There can be a camera to cover the illegal dumping problem at The Park and cover the parking lot and the Gazebo. These cameras can be hard wired or a wireless version. They all provide for a power supply, monitoring system, the software and any other necessary equipment to make it functional. All of the information would be put on a DVD so we can review any part of it if we need.
Mayor Douglas called for a break to change the video recording tape at 10:33 P.M. and reconvened the meeting at 10:47 P.M.
Councilmember Klein commented that he had followed the demonstration and looked at some of the signs at work in Whittier and Hacienda Heights and they really work to slow down the traffic. He stated that he just got the information tonight and he would like some more time to consider it and bring it back at the next Council meeting. He asked if Pico Rivera didnÕt have a camera system similar to the camera system that Lieutenant Ault presented.
Lieutenant Ault explained that the City of Whittier has a camera system by RD systems and they have two different types, hard wired and wireless. The City of Whittier has some in uptown to deal with illegal dumping and it is hard wired into place on a restaurant building for that purpose. Our system is based on that. They can be portable if we want them to be.
Councilmember Klein stated that he would like to study the information some more and see how much money we have left in CLEEP. He noted that in his opinion the cameras would be particularly useful if they were portable and could be moved from place to place.
Lieutenant Ault commented that what the camera sees has to be recorded and the recording equipment has to be close by. She noted that the cameras were actually designed to be permanent.
Councilmember Klein suggested that the camera could be trailer mounted.
Mayor Douglas asked where different speed signs are located.
The Council and Lieutenant Ault noted several locations near various Whittier schools.
Councilmember Klein asked Lieutenant Ault to e-mail the Council the address where the camera is installed in uptown Whittier.
Councilmember Klein offered a motion to continue discussion of this item to the next Council Meeting. The motion was seconded by Councilmember Carroll and approved as follows:
AYES: Bergman, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Councilmember Klein asked that the City Manager have the amount that is left in the CLEEP fund for the next meeting when they discuss this item.
Mayor Douglas noted that they are hoping to go back to Item 14 in Closed Session later.
ADMINISTRATIVE REPORTS
16. CITY MANAGERÕS REPORT
City Manager Hendrickson commented that Ruth Paczkowski had wanted the Council to know that the previous phone number for Plains Exploration and Production Company was incorrect. The toll free number should be 866-797-5669.
Mr. Hendrickson stated that the markings and cones on Hacienda Road are to keep everyone away from the edge of the road. Originally we had the opinion that we needed to apply to FEMA for aid on Hacienda Road. When FEMA looked at that they explained that it still had a Federal Highway designation and we would have to apply to the Federal Highway Administration, administrated by Cal Trans. They came out today. The field representative indicated that it would be covered for 80% of the cost. We will need a geologist to make a further evaluation of the situation. That will be given to the Engineers for design with an estimate. We have received the first reimbursements from FEMA. We should receive a total of $250,000. We should be working on these areas this fall. This will be in addition to our regular road maintenance.
Mayor Douglas commented that during the storms we had dirt sloughing off some of the hillsides onto the roads. We just cleaned up what came down on the roads and there is more on the hillside that will come down during the next rains. He asked if there is any way we could remove the potential from these areas to come down on the road.
Mr. Hendrickson explained that it can be done, but will not be reimbursed unless it comes down on the road and is handled as an emergency cleanup. Maintenance on our part wonÕt be reimbursed. We went through this very carefully. We will get reimbursed for some of the administrative and staff time also. He stated that he would be willing to supply the Mayor with the detail of what FEMA allowed and did not allow.
Mr. Hendrickson provided an interim report on the Fire Station and City Hall looking at the third site development cost and what it would look like. We have been going through an evaluation of the opportunities for sale of this present site if we go to site two and how we could enhance this site to increase its value. We have gone through alternatives for development, looking for innovative way to do the building. Any we consider will be shared with our City Attorney. Mr. Hendrickson stated that he has been talking to people that have already gone through these things and he has also been studying different options of financing. No matter what we do or where, we will have to go through CEQA, which could affect cost or development issues. We have made a down payment for the Biota study and it will be finished soon.
Mayor Douglas noted that one of the reasons we are considering moving is to meet our Regional Housing Needs Assessment (RHNA) obligations before the State comes in to make us do that.
City Manager Hendrickson noted that the State is going to require us under AB23-48, to identify by parcel number where we are going to allow low income housing in this City. This is a State law and we may not be able to avoid this. State law has primacy over Cities. This is why I have considered doing Senior Housing at this site as far as cost benefit. If we are mandated by the State to do that it would be to our benefit to stay as near the edge of our City as possible. I am considering satisfying the State and getting the best price for this site if we decide to go this way.
City Attorney Levin explained that 20 units to an acre is the default number and if you do not identify sufficient housing to meet your RHNA numbers the State can impose the default number of up to 20 units per acre and is mandatory. Identifying by parcel number will be required.
Councilmember Carroll asked if the bidding has closed for the horse announcer booth at The Park and have we received any bids.
Mr. Hendrickson stated he was not sure of the closing date. We have had five bids picked up and we sent some out to others. They usually do not come in until the closing day.
Mayor Douglas asked if Zone 3 work would be finished this year for the Public Works.
Mr. Hendrickson answered that our goal is to finish Zone 3 and do some work in addition to that. We wanted to see if some of the FEMA or Federal Highway money would coordinate with that. Our goal is to finish by the end of the Fiscal Year 2005/06.
17. CITY ATTORNEYÕS REPORT
The City Attorney made no report.
18. COMMUNITY DEVELOPMENT DIRECTORÕS REPORT
The Community Development Director provided a report in the packet.
19. CITY ENGINEERÕS REPORT
There was no City EngineerÕs Report.
20. FIRE CHIEFÕS REPORT
Fire Chief Nielsen corrected the date for the CPR class. It will be on August 6, 2005. It will be open to the public from 9:00 A.M. to 5:00. If interested, you may contact Kathy Sauble at 697-8819 or the Fire Department at 694-8283. There will be no charge.
On July 9, 2005 there was a household hazardous waste clean up and the people handling this were very good at what they did. They received about 400 loads of hazardous waste. They did a survey on where each load came from and we will get that later.
Chief Nielsen mentioned the recent fire in Rancho Palos Verdes and commented on how good their brush clearance was and how important it was to the containment of the fire before any homes were lost. Chief Nielsen commented that our brush clearance is much better this year than last year, but it can still be improved.
Chief Nielsen stated that he would have some comments on adding more fire stations at the October meeting.
Chief Nielsen explained that on his report he used AMA. This was not a mistake, it means ÒAgainst Medical AdviceÓ. If the patient does not want treatment they must sign an AMA. BLS means ÒBasic Life SupportÓ. They are transported by ambulance to the hospital without lights and siren, normal speed without paramedic support. ALS is ÒAdvanced Life SupportÓ means transport in an ambulance with lights and siren and with paramedics working on the patient in the ambulance. Our paramedic squad will follow to bring the paramedics back from the hospital. Paramedics can administer morphine and other pain medication under the emergency room doctors instructions at all times. Our base hospital is Whittier Presbyterian. It is the base hospital that decides which hospital the patient is to be taken to. Trauma patients usually go to UCI, but it is the base hospital that makes that decision.
Mayor Pro Tem Millsap asked if any of the trauma patients go by helicopter.
Chief Nielsen answered that it depends on the severity of the patient and the time of the day. He stated that we have three landing places that are approved, Flat Top and the soccer field of the school next to the Fire Department and La Habra High School. The paramedics do not go with them. The helicopters have their own paramedics.
City Manager Hendrickson explained that at times the ambulance can get to the hospital by the time the helicopter could get here.
Chief Nielsen stated that sometimes the ambulance is going very slow with lights and siren on and that it because the paramedics are working on the patient and need a smooth ride.
Mayor Douglas mentioned his concern with our canyons that have high weeds and are so steep they are not taken care of.
Chief Nielsen stated that we have made a small amount of progress and with enough manpower and money we could do it, but he did not think to force the property owner to get rid of 30 years of growth would be easy.
Mayor Douglas stated that he realized it is very hard, because some of it is more than a 100% slope, but the City needs to do something. He asked that the Fire Marshal give it some thought so that some progress is made each year.
Mayor Pro Tem Millsap asked what had been found out about using goats to eat the weeds.
Fire Chief Nielsen stated that they met with the goat owner and found that in our area the problem is coyotes eating goats. Where it did work it cost about $5,000 per acre.
Fire Chief Nielsen explained that Pat Russell, who has been with La Habra Heights Fire Department for 13 years and is also a Captain in Anaheim, was injured in a structure fire in Anaheim. He had second degree burns and inhalation of gases.
Fire Chief Nielsen noted that they had 150 that took the written test for the Fire Department and 51 were invited back for oral interviews. The class will start in November.
21. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Ault explained that hazardous citations are moving violations. Non-hazardous citations would be less critical, such as equipment violations. We tracked traffic collisions and DUI arrests. Emergent calls are used to signify that they proceeded to the call with lights and siren on. Non-emergent is anything other than that. Self initiated means they saw something they wanted to investigate. We had no calls for graffiti or vandalism in the month of June.
Lieutenant Ault mentioned Contract Compliance numbers. If you are over your numbers they will bill you. She stated that they allow a 2% plus or minus variation. If you are at 103 you are within the 2% variation and they are not too concerned. This has not happened yet in the County but they are very concerned if it does. Unusual occurrences would be anything out of the ordinary.
Mayor Douglas asked if she could show arrests other than DUI.
Lieutenant Ault stated that she could show Felony Arrests and Misdemeanor Arrests.
22. COMMISSION/COMMITTEE REPORTS
There were no reports.
COUNCIL/DELEGATE REPORTS
There were no Council/Delegate Reports.
COUNCIL COMMENTS
Mayor Douglas reminded the City Manager that in October the Meeting falls on Yom Kippur and some of the Staff may not make the Meeting. We may want to change the Date of the Meeting if we need them at the Meeting.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
There were no Public Comments.
Mayor Douglas adjourned to continue the Closed Session at 11:39 P.M.
Mayor Douglas reconvened the Council Meeting at 12:01 A.M. and stated that there was no reportable action taken during the Closed Session.
ADJOURNMENT
Mayor Douglas adjourned the City Council Meeting at 12:01 A.M. to the next City Council Meeting on August 11, 2005.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON