AGENDA
A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
1225 North Hacienda Road
La Habra Heights, California 90631
AMENDED 3/8/2023
4:30 p.m. Closed Session
06:30 p.m. Regular Business
March 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 - ANTICIPATED LITIGATION (ADDED 3/8/2023) Potential Initiation of Litigation Pursuant to Gov. Code § 54956.9(d)(4) Potential Cases: One
C.
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
D.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Gov. Code § 54956.9(d)(1)
Case: Pavewest, Inc. v. City of La Habra Heights, Superior Court of the State of California, County of Los Angeles, Case No. 22NWCV00270
E.
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: City Manager and City Attorney
F.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
City Designated Representative: Michael Maurer, City Attorney
Unrepresented Employees: City Manager
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.
Steve Williams, La Habra Journal
5. PUBLIC COMMENTS
6. COMMITTEE COMMENTS
7. CITY COUNCIL COMMENTS
A.
ALTERNATE PLANNING COMMISSION APPOINTMENT
RECOMMENDATION:
It is recommended that the City Council announce appointment of Alternate Planning Commissioner. 2023 03 13 ITEM NO 7A
8. ADMINISTRATIVE REPORTS
A.
CITY MANAGER’S REPORT
2023 03 13 ITEM NO 8A
B.
CITY ATTORNEY’S REPORT
C.
COMMUNITY DEVELOPMENT REPORT
2023 03 13 ITEM NO 8C
D.
FIRE CHIEF’S REPORT
2023 03 13 ITEM NO 8D
E.
SHERIFF’S DEPARTMENT REPORT
2023 03 13 ITEM NO 8E
CONSENT CALENDAR
It is recommended that items 9 through 13 be acted on by one motion of the City Council unless a Council Member requests a separate discussion and/or action on an item.
9. 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. 2023 03 13 ITEM NO 9
10. WARRANT REPORT FOR FEBRUARY 2023
RECOMMENDATION:
Approve.
2023 03 13 ITEM NO 10
11. MINUTES: FEBRUARY 13, 2023 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2023 03 13 ITEM NO 11
12. 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. 2023 03 13 ITEM NO 12
13. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file. 2023 03 13 ITEM NO 13
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
14. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023-2024 PROGRAM YEAR PROJECT RESOLUTION NO. 2023-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AUTHORIZING THE ALLOCATION OF THE 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2023-24 RECOMMENDATION:
It is recommended that the City Council:
A.
Approve the Community Development Block Grant allocation as outlined in Resolution No. 2023-04; AND B.
Adopt Resolution No. 2023-04.
2023 03 13 ITEM NO 14
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
15. ORDINANCE AMENDING CHAPTER 7.28 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY 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.
Approve a second reading; AND
B.
Adopt 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. 2023 03 13 ITEM NO 15
16. ROADS ADVISORY COMMITTEE MEMBERSHIP
RESOLUTION NO. 2023-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, RATIFYING THE COMMITTEE’S MEMBERSHIP RECOMMENDATION:
It is recommended that the City Council approve Resolution No. 2023-05 approving the Roads Advisory Committee membership at nine (9) members, no alternates, and setting the quorum requirement for four (4). 2023 03 13 ITEM NO 16
17. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS COMMITTEE MEMBERSHIP RECOMMENDATION:
It is recommended that the City Council appoint the two applicants to the Public Safety and Emergency Preparedness Committee. 2023 03 13 ITEM NO 17
18. OPENING OF CITY HALL FRONT DOORS
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2023 03 13 ITEM NO 18
-------------------------------- END OF ADMINISTRATIVE ITEMS --------------------------------
19. 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. 2023 03 13 ITEM NO 19
20. 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.