AGENDA
A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
1225 North Hacienda Road
La Habra Heights, California 90631
4:30 p.m. Closed Session
7:00 p.m. Regular Business
February 13, 2023
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 1225 N. Hacienda Road, La Habra Heights, CA 90631 during normal business hours.
PUBLIC COMMENT PROCESS
Each member of the public may speak for a total of five minutes on any action item listed on the agenda or other matters within the Council's purview except with regard to items listed as public hearings. To speak in the Public Comment segment please complete and deliver a speaker's card to the Clerk prior to the call for public comments. You will be called to the podium by name when it is your turn to speak.
During a Public Hearing:
Each member of the public may also speak on each public hearing item. Please provide a speaker's card listing the public hearing by number and submit it to the Clerk before the hearing is opened by the Mayor. Your speaking time will be limited to the subject of the hearing. In general, speakers are given three minutes. However, the Mayor may limit speaking time during public hearings if several people wish to speak.
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.
NOTICE
If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. (Gov. Code 65009(b)(2).) VIEW THE CITY COUNCIL MEETING LIVE AT:
WWW.LHHCITY.ORG
CLOSED SESSION
OPENING CEREMONIES
1. CALL MEETING TO ORDER
2. ROLL CALL
A.
Norm Zezula, Mayor
B.
Carol Engelhardt, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Dennis Laherty, Council Member
E.
John Pespisa, Council Member
3. PUBLIC COMMENTS
4. ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
A.
SECURITY OF PUBLIC SERVICES OR FACILITIES
Consultation with: Los Angeles County Sheriff’s Department, Industry Sheriff’s Station B.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Gov. Code § 54956.9(d)(1)
Case: Word Aflame Tabernacle, Inc. et al. V. La Habra Heights et al., United States District Court, Central District of California, Case No. 2:2-cv-009899 C.
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: City Attorney
D.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: Two
5. RECONVENE AND STATEMENT FROM CLOSED SESSION
-------------------------------- END OF CLOSED SESSION -------------------------------- REGULAR BUSINESS AT 6:30 P.M.
1. CALL MEETING TO ORDER
2. ROLL CALL
A.
Norm Zezula, Mayor
B.
Carol Engelhardt, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Dennis Laherty, Council Member
E.
John Pespisa, Council Member
3. FLAG SALUTE
4. PRESENTATIONS, COMMENDATIONS AND PROCLAMATIONS
A.
Mike Sprague, Whittier Daily News
5. PUBLIC COMMENTS
6. CITY COUNCIL MEMBER COMMITTEE ASSIGNMENT
RECOMMENDATION:
It is recommended that the City Council appoint the Mayor as the delegate and an alternate to the City Selection Committee.
CC AGENDA ITEM 6
7. COMMITTEE COMMENTS
8. CITY COUNCIL COMMENTS
9. ADMINISTRATIVE REPORTS
A.
CITY MANAGER’S REPORT
CC AGENDA ITEM 9A-1
CC AGENDA ITEM 9A-2
B.
CITY ATTORNEY’S REPORT
C.
COMMUNITY DEVELOPMENT REPORT
CC AGENDA ITEM 9C
D.
FIRE CHIEF’S REPORT
CC AGENDA ITEM 9D
E.
SHERIFF’S DEPARTMENT REPORT
CONSENT CALENDAR
It is recommended that items 9 through 15 be acted on by one motion of the City Council unless a Council Member requests a separate discussion and/or action on an item.
10. WAIVE READING IN FULL OF ALL ORDINANCES, RESOLUTIONS AND MEETING MINUTES ON THE AGENDA RECOMMENDATION:
It is recommended that the City Council waive the reading in full of all ordinances, resolutions and meeting minutes on the agenda, and direct the City Manager to read by title only.
CC AGENDA ITEM 10
11. WARRANT REPORT FOR JANUARY 2023
RECOMMENDATION:
Approve.
CC AGENDA ITEM 11
12. TREASURER’S REPORT FOR DECEMBER 2022
RECOMMENDATION:
Approve.
CC AGENDA ITEM 12
13. MINUTES: JANUARY 9, 2023 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
CC AGENDA ITEM 13
14. 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 RECOMMENDATION:
It is recommended that the City Council find that state and local officials continue to recommend measures to promote social distancing and extend Resolution No. 2021-25 to continue fully or partially virtual public meetings.
CC AGENDA ITEM 14
15. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file.
CC AGENDA ITEM 15
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
16. ORDINANCE AMENDING CHAPTER 7.28 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY UNITS AND DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA ORDINANCE NO. 2023-01: 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 RECOMMENDATION:
It is recommended that the City Council:
A.
Introduce Ordinance No. 2023-01, an Ordinance 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; AND B.
Schedule a second reading and adoption for the March 13, 2023 Regular City Council Meeting.
CC AGENDA ITEM 16
17. PROTEST HEARING – UNPAID BRUSH CLEARANCE COSTS RESOLUTION NO. 2023-02: A RESOLUTION OF THE CITY COUNCIL 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 RECOMMENDATION:
It is recommended that the City Council:
A.
Overrule protests, if any, offered during protest hearing and adopt Resolution No. 2023-02 confirming the report of costs incurred by the City and authorizing the assessments as liens on the tax rolls effective February 13, 2023; OR B.
Amend the charges to be assessed and placed as liens as follows: ____________________, and adopt Resolution No. 2023-02.
CC AGENDA ITEM 17
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
18. FISCAL YEAR 2022-23 MID-YEAR BUDGET ANALYSIS
RECOMMENDATION:
It is recommended that the City Council review and approve the Fiscal Year 2022-23 mid-year budget amendment.
CC AGENDA ITEM 18
19. 2023 BRUSH CLEARANCE PROGRAM RESOLUTION NO. 2023-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, DECLARING THAT WEEDS, RUBBISH, REFUSE, OR OTHER COMBUSTIBLE MATERIALS GROWING UPON OR IN FRONT OF PROPERTIES AND DIRT/DEBRIS RUNOFF FROM PRIVATE PROPERTY UPON PUBLIC ROADWAYS CONSTITUTES A PUBLIC NUISANCE; DECLARING INTENTION TO PROVIDE FOR THE ABATEMENT OF SUCH NUISANCE; AND SETTING A DATE FOR A PUBLIC HEARING RECOMMENDATION:
It is recommended that the City Council:
A.
Adopt Resolution No. 2023-03, declaring that in addition to weeds, rubbish, refuse, or other combustible materials, dirt/debris runoff from private property upon public roadways in front of properties are a public nuisance; AND B.
Declare its intention to provide for the abatement of such nuisance; AND C.
Set the date as April 10, 2023 for the public hearing.
CC AGENDA ITEM 19
20. DISPOSITION OF SURPLUS EQUIPMENT AND TYPE III FIRE ENGINE RECOMMENDATION:
It is recommended that the City Council authorize the donation of surplus obsolete supplies, and the consignment of surplus fire apparatus to auction.
CC AGENDA ITEM 20
21. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS COMMITTEE FIREWISE DISCUSSION RECOMMENDATION:
It is recommended that the City Council direct the Public Safety and Emergency Preparedness Committee to continue the FIREWISE discussion and work with staff to begin a test community within the City.
CC AGENDA ITEM 21
22. ROADS ADVISORY COMMITTEE MEMBERSHIP
RECOMMENDATION:
It is recommended that the City Council direct the Roads Advisory Committee to review the applications and provide committee membership recommendations.
CC AGENDA ITEM 22
23. APPROVAL OF FISCAL YEAR 2020-21 STREET IMPROVEMENT PROJECT – ZONE 1 WEST ROAD/LAS PALOMAS DRIVE CHANGE ORDERS AND NOTICE OF COMPLETION RECOMMENDATION:
It is recommended that the City Council:
A.
Approve Change Orders 1-4 in the amount of $43,781.37; AND B.
Accept FY 20/21 Street Improvement Project (Zone 1) as complete; AND C.
Direct the City Clerk to file a Notice of Completion with the Los Angeles County Recorder.
CC AGENDA ITEM 23
24. DESIGN OF HSIP GUARDRAIL REPLACEMENT AT VARIOUS LOCATIONS PROJECT – AWARD OF CONTRACT TO JMC2 RECOMMENDATION:
It is recommended that the City Council:
A.
Award the Professional Service Agreement to JMC2 in the amount of $48,031.80; AND B.
Authorize the City Manager to execute the contract in a form approved by the City Attorney; AND C.
Authorize a budget amendment in the amount of $48,031.80 to Account 101-450PWD-6650.
CC AGENDA ITEM 24
25. SOLID WASTE COLLECTION SERVICES AGREEMENT (CONTINUED FROM JANUARY 9, 2023) RECOMMENDATION:
It is recommended that the City Council:
A.
Direct staff to release the RFP for solid waste consultant services; AND B.
Expand the scope of the ad hoc committee to work with staff throughout the solid waste agreement process; AND C.
Direct staff and the ad hoc committee to meet with Republic Waste Services to discuss potential negotiations of a new agreement.
CC AGENDA ITEM 25
26. CITY COUNCIL PRIORITIES
RECOMMENDATION:
It is recommended that the City Council review and discuss.
CC AGENDA ITEM 26
27. OPENING OF CITY HALL FRONT DOORS
RECOMMENDATION:
It is recommended that the City Council review and discuss.
CC AGENDA ITEM 27
-------------------------------- END OF ADMINISTRATIVE ITEMS --------------------------------
28. INDIVIDUAL COUNCIL MEMBER INFORMATION ITEMS AND/OR REQUIRED MEETING ATTENDANCE REPORTS RECOMMENDATION:
It is recommended that the City Council approve meeting reports and receive general comments, announcements, and/or suggestions from Members of the City Council.
CC AGENDA ITEM 28
29. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (ONE MINUTE)
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.
REGULAR CITY COUNCIL MEETING AGENDA 9 FEBRUARY 13, 2023
VIEW THE CITY COUNCIL MEETING LIVE AT: WWW.LHHCITY.ORG