1978
MINUTES
City of La Habra Heights
Regular Meeting of the La Habra Heights City Council
February 13, 2023
Closed Session Opening Ceremonies
1. Call Meeting to Order - At 4:30 p.m., Mayor Zezula called the Regular City Council meeting to order.
2. Roll Call
Present: Mayor Norm Zezula, Mayor Pro Tem Carol Engelhardt, and Council Members Brian Bergman, Dennis Laherty and John Pespisa
Absent: None
Also Present: City Manager Fabiola Huerta and City Attorney Michael Maurer
3. Public Comment on Closed Session
4. Adjourned to Closed Session
At 4:31 p.m., the City Council, City Manager, City Attorney, and LASD Captain Rick Rector adjourned to Closed Session to discuss the following:
A. SECURITY OF PUBLIC SERVICES OR FACILITIES
Consultation with: Los Angeles County Sheriff's Department, Industry ..... I. Sheriff's Station
At 5:03 p.m., LASD Captain Rick Rector left Closed Session and Scott Ditfurth, Partner at BBK joined Closed Session.
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. 2:20-Cv-09899 At 5:41 p.m., Scott Ditfurth and the City Manager left Closed Session.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 1 FEBRUARY 13, 2023
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: Two
D. EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: City Attorney
At 6:48 p.m., Closed Session ended.
5. Reconvene and Statement from Closed Session
Action: No Reportable Action reported by City Attorney. - End of Closed Session-_....
Regular Business at 6:30 P.M.
1. Call Meeting to Order - At 6:53 p.m., Mayor Zezula called the Regular City Council Meeting to order.
Roll Call
Present: Mayor Norm Zezula, Mayor Pro Tem Carol Engelhardt and Council Members Brian Bergman, Dennis Laherty and John Pespisa
Absent: None
Also Present: City Manager Fabiola Huerta, City Attorney Michael Maurer, Assistant City Manager Rafferty Wooldridge, Interim Fire Chief Mitch Brookhyser, Finance Manager Angie Martinez, Public Works Specialist Grace Andres and Los Angeles County Sheriff's Department Deputy Joseph Valencia.
Also Present via Zoom: None
3. Flag Salute
4. Presentations, Commendations and Proclamations
A. Mike Sprague, Whittier Daily News
Action: Comments made by Council and public.
5. Public Comments
Committee Comments
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 FEBRUARY 13, 2023
City Council Member Committee Assignments
Action: Moved (Engelhardt), seconded (Bergman) and voted 5-0 to appoint Mayor Zezula as the Delegate and Mayor Pro Tem Engelhardt as the alternate to the City Selection Committee.
8. City Council Comments
9. Administrative Reports
City Manager's Report
City Attorney's Report
Community Development Report
Fire Chief's Report
Sheriff's Department Report
Consent Calendar
Action: Moved (Laherty), seconded (Bergman) and voted 5-0 to approve consent items 10, 11, 12, 14, and 15.
10. Waive Reading in Full of All Ordinances, Resolutions and Meeting Minutes on the Agenda
11. Warrant Report January 2023
12. Treasurer's Report for December 2022
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
15. City Updates and Discussion Regarding COVID-19
Pulled for Review
13. Minutes: January 9, 2023 - Regular City Council Meeting Action: Moved (Bergman), seconded (Laherty) and voted 5-0 to approve minutes of the January 9, 2023 Regular City Council meeting with the amendment on Item 18 that the Council requested an agenda item on City Council priorities be brought to the February 13, 2023 Regular City Council Meeting.
- End of Consent Calend...................
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 3 FEBRUARY 13, 2023 Public Hearing
16. Ordinance Amending Chapter 7.28 of the La Habra Heights Municipal Code regarding accessory dwelling units and junior accessory 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 leights, California, Amending Chapter 7.28 of the La Habra Heights Municipa ode Relating to Accessory Dwelling Units and Junior Accessory Dwellina Unit and determining the Ordinance to be exempt from CEQA
At 7:38 p.m., Mayor Zezula opened the Public Hearing.
At 7:38 p.m., Mayor Zezula closed the Public Hearing.
Action: Moved (Bergman), seconded (Laherty) and voted 5-0 to introduce 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, with the revision to section 7.28.060(D)(1) to include additional language, and for the City Attorney to research additional language request by the Mayor, and schedule a second reading and adoption for the March 13, 2023 Regular City Council meeting.
17. Protest Hearing - Unpaid Brush Clearance Costs
Resolution No. 2023-02: 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 7:50 p.m., Mayor Zezula opened the Public Hearing.
At 7:50 p.m., Mayor Zezula closed the Public Hearing.
Action: Moved (Bergman), seconded (Pespisa) and voted 5-0 to adopt Resolution No. 2023-02 confirming the report of costs incurred by the City and authorizing the assessments as liens to be placed on the tax rolls effective February 13, 2023 with an updated itemized written report of Brush Clearance Costs. - End of Public Hearing -.. ----
Administrative Items
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 4 FEBRUARY 13, 2023
18. Fiscal Year 2022-23 Mid-Year Budget Analysis
Action: Moved (Bergman), seconded (Laherty) and voted 4-0 (Abstain Engelhardt) to approve the Fiscal Year 2022-23 mid-year budget amendment.
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
Action: Moved (Laherty), seconded (Pespisa) and voted 5-0 to 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 declare its intention to provide for the abatement of such nuisance, and set the date as April 10, 2023 for the public hearing.
20. Disposition of Surplus Equipment and Type Ill Fire Engine Action: Moved (Laherty), seconded (Bergman) and voted 5-0 to authorize the donation of surplus obsolete supplies, and consignment of surplus fire apparatus to auction.
21. Public Safety and Emergency Preparedness Committee FIREWISE Discussion
Action: Moved (Laherty), seconded (Pespisa) and voted 5-0 to 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.
22. Roads Advisory Committee Membership
Action: Moved (Bergman), seconded (Engelhardt) and voted 5-0 to appoint all six applicants, remove the two current alternates and direct the Roads Advisory Committee to appoint the new applicants as they would like.
23. Approval of Fiscal Year 2020-21 Street Improvement Project - Zone 1 Wet Road/Las Palomas Drive Change Orders and Notice of Completion Action: Moved (Laherty), seconded (Bergman) and voted 5-0 to approve Change Orders 1-4 in the amount of $43,781.37, accept FY 20/21 Street Improvement Project (Zone 1) as complete, and direct the City Clerk to file a Notice of Completion with the Los Angeles County Recorder.
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 5 FEBRUARY 13, 2023
24. Design of HSIP Guardrail Replacement at Various Locations Project - Award of Contract to JMC?
Action: Moved (Laherty), seconded (Pespisa) and voted 5-0 to award a professional service agreement to JMC2 in the amount of $48,031.80, authorize the City Manager to execute the contract in a form approved by the City Attorney, and Authorize a budget amendment in the amount of $48,031.80 to Account 101-450PWD-6650.
25. Solid Waste Collection Services Agreement (Continued from January 9, 2023)
Action: Moved (Pespisa), seconded (Engelhardt) and voted 5-0 to direct staff to release the RFP tor solid waste consultant services, expand the scope of the as hoc committee to work with statt throughout the solid waste agreement process, and direct staff and the ad hoc committee to meet with Republic Waste Services to discuss potential negotiations of a new agreement.
26. City Council Priorities
Action: Moved (Bergman), seconded (Engelhardt) and voted 5-0 to move the discussion to a scheduled workshop and appoint Council Members Pespisa and Mayor Pro Tem Engelhardt as the ad hoc committee to work with staff to prepare the information for the public.
27. Opening of City Hall Front Doors
Action: By City Council consensus, direct the City Manager to assess the issue and report back next month.
- End of Administrative Items -
28. Individual Council Member Information Items and/or Required Meeting Attendance Reports
Action: No action taken.
29. Public Comments on Items not on the Agenda (One Minute) Adjourn Meeting - At 8:50 p.m., Mayor Zezula adjourned the meeting.
Submitted for Council Approval:
Fabiola Huerta, City Clerk
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MARCH 13, 2023 6 FEBRUARY 13, 2023