1978
MINUTES
City of La Habra Heights
Regular Meeting of the La Habra Heights City Council
April 10, 2023
Closed Session Opening Ceremonies
Call Meeting to Order - At 3:29 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 and City Attorney Michael Maurer Public Comment on Closed Session
4. Adjourned to Closed Session
At 3:31 p.m., the City Council, City Manager, City Attorney, and Scott Ditfurth, Partner at BBK adjourned to Closed Session to discuss the following:
A. 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Gov. Code § 54956.9(d)(1)
Case: Pavewest, Inc. V. La Habra Heights, Superior Court of the State of California, County of Los Angeles, Case No. 22NWCV00270 At 4:37 p.m., Scott Ditfurth left Closed Session.
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: City Manager
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 1 APRIL 10, 2023
At 4:55 p.m. the City Manager left Closed Session.
D. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
City Designated Representative: Michael Maurer, City Attorney Unrepresented Employees: City Manager
At 6:10 p.m. the City Manager joined Closed Session.
At 6:20 p.m. the City Manager left Closed Session.
At 6:36 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.
Call Meeting to Order - At 6:41 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
Flag Salute
Presentations, Commendations and Proclamations
Public Comments
Committee Comments
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 APRIL 10, 2023
City Council Comments
Administrative Reports
A. City Manager's Report
City Attorney's Report
C. Community Development Report
D. Fire Chief's Report
E. Sheriff's Department Report
Consent Calendar
Action: Moved (Laherty), seconded (Bergman) and voted 5-0 to approve consent items 9,10, 11, 12, 13, and 14.
9. Waive Reading in Full of All Ordinances, Resolutions and Meeting Minutes on the Agenda
10. Warrant Report March 2023
11. Treasurer's Report for January 2023
12. Treasurer's Report for February 2023
13. Minutes: March 13, 2023 - Regular City Council Meeting
14. Minutes: March 28, 2023 - Special City Council Meeting Pulled for Review
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
Action: Moved (Zezula), seconded (Pespisa) and voted 4-1 (Oppose Bergman) to find that state and local officials continue to recommend measures to promote social distancing and extend Resolution No. 2021-25, and return the item next month. -- End of Consent Calendar ---
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 3 APRIL 10, 2023
Public Hearing
16. Protest Hearing - Unpaid Brush Clearance Costs
Resolution No. 2023-06: 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 7:17 p.m., Mayor Zezula opened the Public Hearing.
At 7:17 p.m., Mayor Zezula closed the Public Hearing.
Action: Moved (Bergman), seconded (Pespisa) and voted 5-0 to adopt Resolution No. 2023-06 confirming the report of costs incurred by the City and authorizing the assessments as liens to be placed on the tax rolls effective April 10, 2023.
17. 2023 Brush Clearance Program
At 7:20 p.m., Mayor Zezula opened the Public Hearing.
At 7:20 p.m., Mayor Zezula closed the Public Hearing.
Action: Moved (Pespisa), seconded (Laherty), and voted 5-0 to open the public hearing to hear property owners' protests, then close the public hearing following any comments; and authorize the Fire Department to initiate inspections and proceed with brush clearance as necessary.
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
At 7:21 p.m., Mayor Zezula opened the Public Hearing.
At 8:15 p.m., Mayor Zezula closed the Public Hearing.
Action: No action taken.
- End of Public Hearing
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 4 APRIL 10, 2023
Administrative Items
19. Financial Budget Review for Fiscal Year 2023-24
Action: No action taken.
20. City Updates and Discussion Regarding COVID-19
Action: Receive and file.
21. 2022 Housing Element Annual Progress Report
Action: Moved (Bergman), seconded (Pespisa) and voted 5-0 to accept the 2022 ousing element Annual Pl rogress Report, and direct staff to file the report with th California Department of Housing and Community Development.
22. Solid Waste Collection Service Survey Update
Action: Receive and file.
23. Eucalyptus Trees at The Park Update
Action: Receive and file.
24. City Council Support of Committees
Action: Continued to the May 8, 2023 Regular City Council Meeting.
25. HSIP Projects Increase in Funding
Action: Moved (Bergman), seconded (Pespisa) and voted 5-0 to increase the protessional service agreement with General Technologies & Solutions for engineering services for the Hacienda Road/Avocado Crest traffic signal and safety striping HSIP project by $15,460; and increase the professional services Agreement with JMCZ for engineering services for the guardrail replacement project by $31,968; and approve a budget amendment in the amount of $47,458 from the general fund to Public Works Professional Services Account 101-450PWD-6650.
End of Administrative Items --
26. Individual Council Member Information Items and/or Required Meeting Attendance Reports
Action: No action taken.
27. Public Comments on Items not on the Agenda (One Minute)
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 5 APRIL 10, 2023
Adjourn Meeting - At 8:59 p.m., Mayor Zezula adjourned the meeting.
Submitted for Council Approval:
call
Rafferty Wooldridge, Assistant City Manager
REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED MAY 8, 2023 APRIL 10, 2023