AGENDA
A REGULAR MEETING OF THE LA HABRA HEIGHTS CITY COUNCIL
1225 North Hacienda Road
La Habra Heights, California 90631
3:30 p.m. Closed Session
06:30 p.m. Regular Business
April 10, 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.
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 D.
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: City Manager and City Attorney
E.
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
5. PUBLIC COMMENTS
6. COMMITTEE COMMENTS
7. CITY COUNCIL COMMENTS
8. ADMINISTRATIVE REPORTS
A.
CITY MANAGER’S REPORT
B.
CITY ATTORNEY’S REPORT
C.
COMMUNITY DEVELOPMENT REPORT
2023 04 10 ITEM NO 8C
D.
FIRE CHIEF’S REPORT
2023 04 10 ITEM NO 8D
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.
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 04 10 ITEM NO 9
10. WARRANT REPORT FOR MARCH 2023
RECOMMENDATION:
Approve.
2023 04 10 ITEM NO 10
11. TREASURER’S REPORT FOR JANUARY 2023
RECOMMENDATION:
Approve.
2023 04 10 ITEM NO 11
12. TREASURER’S REPORT FOR FEBRUARY 2023
RECOMMENDATION:
Approve.
2023 04 10 ITEM NO 12
13. MINUTES: MARCH 13, 2023 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2023 04 10 ITEM NO 13
14. MINUTES: MARCH 28, 2023 – SPECIAL CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2023 04 10 ITEM NO 14
15. 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 04 10 ITEM NO 15
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
16. PROTEST HEARING – UNPAID BRUSH CLEARANCE COSTS RESOLUTION NO. 2023-06: 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. 2023-06 confirming the report of costs incurred by the City and authorizing the assessments as liens on the tax rolls effective April 10, 2023; OR B.
Amend the charges to be assessed and placed as liens as follows: ____________________, and adopt Resolution No. 2023-02. 2023 04 10 ITEM NO 16
17. 2023 BRUSH CLEARANCE PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
A.
Open the public hearing to hear property owners’ protests; AND B.
Close the public hearing following any comments; AND
C.
Authorize the Fire Department to initiate inspections and proceed with brush clearance as necessary. 2023 04 10 ITEM NO 17
18. ORDINANCE ADDING CHAPTER 7.30 OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATED TO PROTECTION OF HISTORIC RESOURCES AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA ORDINANCE NO. 2023-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADDING CHAPTER 7.30 TO THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO PROTECTION OF HISTORIC RESOURCES AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA RECOMMENDATION:
It is recommended that the City Council:
A.
Introduce Ordinance No. 2023-02, an Ordinance of the City of La Habra Heights, California, adding Chapter 7.30 to the La Habra Heights Municipal Code relating to protection of historic resources and determining the ordinance to be exempt from CEQA; AND B.
Schedule a second reading and adoption for the May 8, 2023 Regular City Council Meeting. 2023 04 10 ITEM NO 18
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
19. FINANCIAL BUDGET REVIEW FOR FISCAL YEAR 2023-24
RECOMMENDATION:
It is recommended that the City Council provide input to Staff regarding the preliminary FY 2023-24 Annual Operating Budget. 2023 04 10 ITEM NO 19
20. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file. 2023 04 10 ITEM NO 20
21. 2022 HOUSING ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDATION:
It is recommended that the City Council:
A.
Discuss the 2022 Housing Element Annual Progress Report; AND B.
Accept the 2022 Housing Element Annual Progress Report; AND C.
Direct staff to file the report with the California Department of Housing and Community Development (HCD). 2023 04 10 ITEM NO 21
22. SOLID WASTE COLLECTION SERVICES SURVEY UPDATE
RECOMMENDATION:
It is recommended that the City Council receive and file. 2023 04 10 ITEM NO 22
23. EUCALYPTUS TREES AT THE PARK UPDATE
RECOMMENDATION:
It is recommended that the City Council receive and file. 2023 04 10 ITEM NO 23
24. CITY COUNCIL SUPPORT OF COMMITTEES
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2023 04 10 ITEM NO 24
25. HSIP PROJECTS INCREASE IN FUNDING
RECOMMENDATION:
It is recommended that the City Council:
A.
Increase the Professional Services Agreement with General Technologies & Solutions for engineering services for the Hacienda Road/Avocado Crest traffic signal and safety striping HSIP project by $15,490: AND B.
Increase the Professional Services Agreement with JMC² for engineering services for the guardrail replacement project by $31,968; AND C.
Approve a budget amendment in the amount of $47,458 from the general fund to Public Works Professional Services Account 101-450PWD-6650. 2023 04 10 ITEM NO 25
-------------------------------- END OF ADMINISTRATIVE ITEMS --------------------------------
26. 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 04 10 ITEM NO 26
27. 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 APRIL 10, 2023
VIEW THE CITY COUNCIL MEETING LIVE AT: WWW.LHHCITY.ORG