OF
1978
SPECIAL MEETING AGENDA
CITY OF LA HABRA HEIGHTS
CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
2:30 p.m. Regular Business
August 25, 2022
1, Fabiola Huerta, as City Manager of the City of La Habra Heights, do hereby call a special meeting of the City Council of the City of La Habra Heights, to be held at the time and place listed above to discuss the matters listed below.
Fabiola Huerta, City Manager of the City of La Habra Heights The City of La Habra Heights complies with the Americans with Disabilities Act of 1990.
If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (562) 694-6302.
Materials related to any items on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection at the City Clerk's Office at 1245 N. Hacienda Road, La Habra Heights, CA 90631 during normal business hours.
Social distancing is still required inside City Hall. The public may physically attend City Council meetings. Due to limited designated seating, members of the public will be allowed to enter on a first come, first served basis. To protect Council Members, members of the public and staff, face masks are required for all unvaccinated individuals and for staff. Members of the public who are vaccinated can enter City Hall without a mask if proof of vaccination is provided. The City will evaluate the current circumstances before each meeting to decide if it is safe to change ongoing COVID-19 safety protocols in place.
Members of the public may also go to www.Lhhcity.org to view the live broadcast of the City Council meeting.
VIEW THE CITY COUNCIL MEETING LIVE AT: WWW.LHHCITY.ORG
The public may provide public comments on any agenda item during Item No. 4, PUBLIC COMMENTS via phone at (562) 694-6302 Ext. O. If you would like to provide public comment via telephone, please begin your call once the Mayor calls the meeting to order.
Should you need to provide written documentation, please give the Clerk a minimum of NINE (9) copies prior to the start of the meeting so the information can be distributed to the Council.
OPENING CEREMONIES
1. CALL MEETING TO ORDER
ROLL CALL
Roy Francis, Mayor
Norm Zezula, Mayor Pro Tempore
Brian Bergman, Council Member
Carey Klingfus, Council Member
E. Dennis Laherty, Council Member
3. FLAG SALUTE
4. PUBLIC COMMENTS
ADMINISTRATIVE ITEMS
APPOINTMENT OF QUALIFIED CANDIDATES WHO HAVE BEEN NOMINATED
FOR THE OFFICE OF COUNCIL MEMBER OF THE CITY OF LA HABRA HEIGHTS WHO WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022
AT THE GENERAL MUNICIPAL ELECTION AND CANCELLATION OF
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2022-26 providing for the
appointment of Brian Bergman, John Pespisa
and Norm Zezula who have been nominated for
the office of Council Member of the City of La
Habra Heights for four-year terms, and Carol
Engelhardt who has been nominated for the
office of Council Member of the City of La Habra
Heights for a two-year term, all four candidates
were to be elected on Tuesday, November 8,
2022 at the General Municipal Election; and
approving the cancellation of the November 8,
2022 General Municipal Election.
SPECIAL CITY COUNCIL MEETING AGENDA 2 AUGUST 25, 2022
-- END OF ADMINISTRATIVE ITEMS --
ADJOURN MEETING
UPON ADJOURNMENT OF THE MEETING, PLEASE LEAVE THE ROOM PROMPTLY
AND TAKE YOUR PERSONAL BELONGINGS WITH YOU TO ALLOW STAFF TO CLEAN UP AND CLOSE THE BUILDING. IF YOU ARE RECORDING, PLEASE NOTE
THAT THE CONVERSATIONS THAT TAKE PLACE FROM THIS POINT FORWARD
MAY BE PRIVATE, ARE NOT PART OF THE PUBLIC MEETING, AND CONSENT OF
ALL PARTIES TO THE CONVERSATION MAY BE REQUIRED PRIOR TO RECORDING.
SPECIAL CITY COUNCIL MEETING AGENDA 3 AUGUST 25, 2022
HABRA City of La Habra Heights
AGENDA REPORT
Meeting Date: August 25, 2022
1978 Agenda Item # _5_
TO: Honorable Mayor and Members of the City Council
FROM: Fabiola Huerta, City Manager/City Clerk
SUBJECT: APPOINTMENT OF QUALIFIED CANDIDATES WHO HAVE BEEN
NOMINATED FOR THE OFFICE OF COUNCIL MEMBER OF THE CITY
OF LA HABRA HEIGHTS WHO WERE TO BE ELECTED ON TUESDAY,
NOVEMBER 8, 2022 AT THE GENERAL MUNICIPAL ELECTION AND
CANCELLATION OF NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION
BACKGROUND
On May 9, 2022, the City Council adopted Resolution No. 2022-07 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of three Members to serve four-year terms, and one Member to serve a two-year term of the City Council; Resolution No. 2022-08 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on November 8, 2022 pursuant to § 10403 of the Elections Code of the State of California; and Resolution No. 2022-09 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the election.
The Nomination period for three four-year seats and one two-year seat on the City Council began on Monday July 11, 2022 and closed on Wednesday, August 17, 2022, for the November 8, 2022 General Municipal Election. As of the close of nominations on Wednesday, August 17, 2022, there were not more persons than offices to be elected.
The persons nominated are:
• Brian Bergman for Member of the City Council - Four-Year Term • John Pespisa for Member of the City Council - Four-Year Term • Norm Zezula for Member of the City Council - Four-Year Term • Carol Engelhardt for Member of the City Council - Two-Year Term Section 10229 of the California State Elections Code governs the actions that may be taken by the City Council in the event no one or only one candidate has been nominated for each office. The actions that the City Council may take are as follows:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible elector if no one has been nominated. (This action does not apply as four eligible electors have been nominated to office.)
3. Hold the election if either no one or only one person has been nominated.
The City Clerk posted and published a notice of the facts described in Section 10229 and the courses of action available under this subdivision in the Whittier Daily News and at the City's three posting locations on Thursday, August 18, 2022.
After the fifth day following the date of publication of the notice by the City Clerk, the City Council may make the appointment or direct for an election to be held. Should the City Council adopt Resolution 2022-26, appointing the four candidates, the General Municipa Election scheduled to be held on Tuesday, November 8, 2022 would be canceled and no be held. August 25, 2022 is the last day for appointment in lieu of election.
Because there are only four candidates for the four Council seats at the November 8, 2022 General Municipal Election, the City Council may either appoint those nominated or hold the election. If the nominees are appointed, they shall qualify, take office, and serve exactly as if elected at the November 8, 2022, General Municipal Election. It is anticipated that appointed City Council Members would take the Oath of Office, be formally seated, and begin their term of office at the December City Council meeting.
FISCAL IMPACT
Municipal election costs are determined by the number of registered voters, the Los Angeles County Registrar Recorder/City Clerk's costs for services, and the City's costs for publishing and other associated election costs. Should the City Council elect to appoint the four candidates to office, the General Fund would realize a savings as a result of the City not holding an election. Of the $45,000 budgeted for the costs of the November 2022 election, a minimal amount has been used for items such as the publication of legal notices and costs associated with the verification of signatures for the four candidates.
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2022-26 providing for the appointment of Brian Bergman, John Pespisa and Norm Zezula who have been nominated for the office of Council Member of the City of La Habra Heights for four-year terms, and Carol Engelhardt who has been nominated for the office of Council Member of the City of La Habra Heights for a two-year term, all four candidates were to be elected on Tuesday, November 8, 2022 at the General Municipal Election; and approving the cancellation of the November 8, 2022 General Municipal Election.
ATTACHMENT
1. Resolution No. 2022-26
AGENDA REPORT APPROVAL
Lalle
Rafferty Wooldridge
City Manager Assistant City Manager
ATTACHMENT #1
RESOLUTION NO. 2022-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA
HEIGHTS, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO
THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON
TUESDAY, NOVEMBER 8, 2022
candidates than offices to be elected; and
WHEREAS, § 10229 of the Elections Code of the State of California, allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, only four candidates were nominated for the four City Council seats to be filled at the November 8, 2022 election; therefore, the City Council may take action pursuant to No. 1 or No. 3 above; and
WHEREAS, the City Clerk has, on August 18, 2022, posted and published the notice required by Elections Code § 10229; and
WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code § 10229, the General Fund of the City of La Habra Heights will save approximately $45,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA HABRA
HEIGHTS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to § 10229 of the Elections Code of the State of California, the following action is taken:
The following persons are appointed to the offices to which they were nominated, and are considered to be the same as if elected, pursuant to § 10229(a)(3) of the Elections Code:
Name Office Term
Brian Bergman Member of the City Council Four-Year Term John Pespisa Member of the City Council Four-Year Term
Norm Zezula Member of the City Council Four-Year Term
Carol Engelhardt Member of the City Council Two-Year Term SECTION 2. The election scheduled to be held on Tuesday, November 8, 2022, is now canceled.
SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 4. Effective Date of Resolution. This Resolution shall become effective upon its adoption.
SECTION 5. Certification of Resolution. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 25'h day of August, by the City Council of the City of La Habra Heights in the State of California by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
CITY OF LA HABRA HEIGHTS
Roy Francis, Mayor
APPROVED AS TO FORM:
Michael Maurer, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, Fabiola Huerta, City Clerk do hereby attest to and certify the foregoing Resolution No. 2022-26 was adopted by the City Council of the City of La Habra Heights at the Special City Council meeting held on August 25, 2022.
Fabiola Huerta, City Clerk Date