1978
MINUTES
City of La Habra Heights
Regular Meeting of the La Habra Heights City Council
November 14, 2022
Regular Business at 6:30 P.M.
Call Meeting to Order - At 6:33 p.m., Mayor Pro Tempore Zezula called the Regular City Council Meeting to order.
2. Roll Call
Present: Mayor Pro Tempore Norm Zezula, Council Members Brian Bergman and Dennis Laherty
Absent: Mayor Roy Francis and Council Member Carey Klingfus Also Present: City Manager Fabiola Huerta, City Attorney Michael Maurer, Assistant City Manager Rafferty Wooldridge, Assistant City Attorney Ryan Stager, Finance Manager Angie Martinez, Public Works Specialist Grace Andres, Los Angeles County Sheriff's Department Deputy Joseph Valencia, Building Official Scott Fazekas, and Deputy Fire Marshal Dennis Grubb.
Also Present via Zoom: None
3. Flag Salute
Presentations, Commendations and Proclamations
5. Public Comments
6. Seating of Appointed Council Members
Honor Outgoing Council Member Carey Klingfus
Action: Comments made by Council, colleagues and public.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12, 2022 1 NOVEMBER 14, 2022 Oaths of Office and Seating of Newly Appointed Council Members Action: City Manager Fabiola Huerta administered the Oath of Office to Appointed Council Members Brian Bergman, Carol Engelhardt, John Pespisa and Norm Zezula.
Comments by newly appointed Council Members.
Committee Comments
10. City Council Comments
11. Administrative Reports
A. City Manager's Report
B. City Attorney's Report
Addition of two Closed Session items
B. Conference with Legal Counsel - Anticipated Litigation Potential Initiation of Litigation Pursuant to G.C. § 54956.9(d)(2) Potential Cases: One
C. Conference with Legal Counsel - Initiate Litigation
Potential Initiation of Litigation Pursuant to G.C. § 54956.9(d)(4) Potential Cases: One
Action: Moved (Bergman), seconded (Laherty) and voted 5-0 to find two items arose after the agenda was posted and there is a need for Council action, and to add the two Closed Session items to the Closed Session Agenda as reported by the City Attorney.
C. Community Development Report
D. Fire Chief's Report
E. Sheriff's Department Report
Consent Calendar
Action: Moved (Bergman), seconded (Laherty) and voted 5-0 (Item #15 Abstain Engelhardt and Pespisa) to approve consent items 12, 13, 14, 15, 16, 17, 18, and 19.
12. Waive Reading in Full of All Ordinances, Resolutions and Meeting Minutes on the Agenda
13. Warrant Report October 2022
14. Treasurer's Report for September 2022
15. Minutes: October 10, 2022 - Regular City Council Meeting
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12, 2022 NOVEMBER 14, 2022
16. AB 361 Open Meetings: State and Local Agencies: Teleconferences Resolution No. 2021-25: A Resolution of the City Council of the City of La Habra Heights, California, making findings and determinations under AB 361 for continued virtual meetings
17. City Updates and Discussion Regarding COVID-19
18. Second Reading and Adoption of the 2022 California Building Standards Codes
Ordinance No. 2022-07: An Ordinance of the City Council of the City of La Habra Heights, California, Adopting the 2022 Editions of the California Building Standards Code and Making Necessary Amendment Thereto
19. Second Reading and Adoption of the 2022 California Fire Code Ordinance No. 2022-08: An Ordinance of the City Council of the City of La Habra Heights, California, Adopting the 2022 Edition of the California Fire Code and Making Necessary Amendments Thereto
- End of Consent Calendar --
Public Hearing
20. Unpaid Brush Clearance Costs
Resolution No. 2022-30: A Resolution of the City Council of the City of La Habra Heights, California, Confirming a Report of Costs Incurred in Connection with the City's Brush Clearance Program; Confirming the Assessments and Liens Set Forth in Such Report; and Directing that Such Assessments be Collected on the Property Tax Roll
At 7:31 p.m., Mayor Pro Tempore Zezula opened the Public Hearing.
At 7:31 p.m., Mayor Pro Tempore Zezula closed the Public Hearing.
Action: Moved (Engelhardt), seconded (Pespisa) and voted 5-0 to adopt Resolution No. 2022-30 confirming the report of costs incurred by the City and authorizing the assessments as liens to be placed on the tax rolls effective November 14, 2022 with an updated itemized written report of Brush Clearance Costs.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12, 2022 NOVEMBER 14, 2022
21. Urgency Ordinance Amending Chapter 7.28 of the La Habra Heights Municipal Code Regarding Accessory Dwelling Units and Determining the Ordinance to be Exempt from CEQA
Urgency Ordinance No. 2022-09U: An Ordinance of the City Council of the City of La Habra Heights, California, Amending Chapter 7.28 of the La Habra Heights Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be Exempt from CEQA At 7:34 p.m., Mayor Pro Tempore Zezula opened the Public Hearing.
At 7:55 p.m., Mayor Pro Tempore Zezula closed the Public Hearing.
Action: Moved (Bergman), seconded (Pespisa) and voted 5-0 to make urgency findings and adopt Urgency Ordinance No. 2022-09U, an Ordinance of the City Council of the City of La Habra Heights, California, amending Chapter 7.28 of the La Habra Heights Municipal Code relating to accessory dwelling units and junior accessory dwelling units and determining the Ordinance to be exempt from CEQA.
-- End of Public Hearing --
Administrative Items
22. Request for City to Waive the Rental Fees and Refundable Deposits for the Use of the Park to Hold a Community Yard Sale
Action: Moved (Laherty), seconded (Bergman) and voted 5-0 to sponsor the Community Yard Sale event, provide the event insurance, authorize the Finance Manager to transfer $225 from the General Fund to General Services account 101-150GDS-6510, and waive the rental fees and refundable deposits for the use of The Park on Saturday, May 6, 2023 to hold a Community Yard Sale.
23. Employment agreement for Interim Fire Chief
Action: Receive and file report.
24. Fire Department Paramedic Staffing (Continued from September 12, 2022, and October 10, 2022)
Action: Receive and file report.
25. Review of Animal Keeping Development Standards
Action: Moved (Bergman), seconded (Engelhardt) and voted 5-0 to provide direction to the Planning Commission to review the animal keeping development standards and draft an ordinance with potential modifications for City Council consideration.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12. 2022 4 NOVEMBER 14, 2022 - End of Administrative Item .......
26. Individual Council Member Information Items and/or Required Meeting Attendance Reports
Action: No action taken.
- End of Regular Busines........................
Closed Session
27. Adjourn to Closed Session to Discuss the Following:
At 8:28 p.m., the City Council, City Manager, City Attorney adjourned to Closed Session to discuss the following:
A. Conference with Legal Counsel - Existing Litigation
Pursuant to G.C. § 54956.9(d) (1)
Case: Californians for Homeownership, Inc. v. City of La Habra Heights, Superior Court of the State of California, County of Los Angeles, Case No. 22STCP01394
At 8:45 p.m., the City Manager left Closed Session.
B. Conference with Legal Counsel - Anticipated Litigation Potential Initiation of Litigation Pursuant to G.C. § 54956.9(d)(2) Potential Cases: One
C. Conference with Legal Counsel - Initiate Litigation
Potential Initiation of Litigation Pursuant to G.C. § 54956.9(d)(4) Potential Cases: One
At 10:08 p.m., Closed Session ended.
28. Reconvene and Statement from Closed Session
Action: No reportable action by City Attorney.
- END OFCLOSED SES........
29. Public Comments on Items not on the Agenda (One Minute) Adjourn Meeting - At 10:09 p.m., Mayor Pro Tempore Zezula adjourned the meeting in memory of Bruce Douglas, former La Habra Heights Mayor and City Council Member, and long-time resident and community volunteer Mike Smith.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12, 2022 5 NOVEMBER 14, 2022 Submitted for Council Approval:
Fabiola Huerta, City Clerk
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED DECEMBER 12, 2022 6 NOVEMBER 14, 2022