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La Habra Heights City Council
August 21, 2023

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Agenda
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August 21, 2023
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La Habra Heights City Council
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Text extracted from the city's file for reading and search. Open the original on la-habra-heights.granicus.com. That file is the official record.

REGULAR MEETING AGENDA

CITY OF LA HABRA HEIGHTS

CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
5:30 p.m. Closed Session
6:45
p.m. Regular Business
August 21, 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 1245 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. In addition, each member of the public may also speak during the second Public Comment segment for no more than one minute concerning matters not on the agenda. 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. All Public Comments shall be made in accordance with Section 6 and Section 8 of the City of La Habra Heights Rules of Procedure.

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.

In conjunction with Federal, State and Los Angeles County public health regulations, the public may physically attend City Council meetings. Due to limited designated seating, members of the public will be allowed to enter on a first come, first served basis. To protect Committee members, members of the public, and staff, social distancing and face mask mandates will continue at City Hall at this time. The City will evaluate the current circumstances before each meeting to decide if it is safe to change ongoing COVID-19 safety protocols in place.

Members of the public may also go to www.Lhhcity.org to view the live broadcast of the City Council meeting. For public comments, you may submit comments on any agenda item or item not on the agenda in writing via mail to City of La Habra Heights, ATTN: City Council, 1245 N. Hacienda Road, La Habra Heights, CA 90631, email to [email protected], or via phone at (562) 694-6302 Ext. 0. Please note that the City Council is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings in order to maximize transparency and public access. It would be appreciated if communications of public comments are provided via mail, email or over the phone prior to the commencement of the meeting.

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.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Gov. Code § 54956.8

Agency Negotiators: Fabiola Huerta, City Manager and Michael Maurer, City Attorney
Negotiating Parties: RMX Resources LLC
Property: 8237-009-002
B.

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
C.

CITY ATTORNEY PERFORMANCE EVALUATION

Pursuant to Gov. Code § 54957

Title: City Attorney

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
2023 08 21 ITEM NO. 8A
B.

CITY ATTORNEY’S REPORT
C.

COMMUNITY DEVELOPMENT REPORT
2023 08 21 ITEM NO 8C
D.

FIRE CHIEF’S REPORT
2023 08 21 ITEM NO. 8D
E.

SHERIFF’S DEPARTMENT REPORT
2023 08 21 ITEM NO. 8E
A.

CITY MANAGER’S 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 08 21 ITEM NO. 9

10. WARRANT REPORT FOR JULY  2023
RECOMMENDATION:

Approve.
2023 08 21 ITEM NO. 10

11. TREASURER’S REPORT FOR MAY 2023
RECOMMENDATION:

Approve.
2023 08 21 ITEM NO. 11

12. TREASURER’S REPORT FOR JUNE 2023
RECOMMENDATION:

Approve.
2023 08 21 ITEM NO. 12

13. MINUTES: JULY 10, 2023 - REGULAR CITY COUNCIL MEETING RECOMMENDATION:

Approve.
2023 08 21 ITEM NO. 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 meeting. 2023 08 21 ITEM NO. 14

15. DISCUSS REGARDING ROADS FUNDING (CONTINUED FROM JULY 17, 2023) RECOMMENDATION:

It is recommended that the City Council receive and file. 2023 08 21 ITEM NO. 15

END OF CONSENT CALENDAR

ADMINISTRATIVE ITEMS

16. PAVEMENT MANAGEMENT PROGRAM 2023-2028 FINAL REPORT  PRESENTATION RECOMMENDATION:

It is recommended that the City Council approve and adopt the Pavement Management Program 2023-2028 Final Report and approve the budget program to achieve a weighted PCI of 75 over a five-year schedule. 2023 08 21 ITEM NO. 16

17. APPROVAL OF FISCAL YEAR 2021-22 STREET IMPROVEMENT PROJECT -  ZONE 2 ENCANADA DRIVE/SUBTROPIC 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 $21,974.86; AND
B.

Accept FY 2021-22 Street Improvement
Project - Zone 2 construction as complete;
AND
C.

Direct the City Clerk to file a Notice of Completion with the Los Angeles County Recorder.
2023 08 21 ITEM NO. 17

18. INSTALLATION OF AUTOMATIC SWING GATE, IRON FENCING, AND  CHAIN LINK FENCE AROUND CITY HALL/FIRE DEPT FACILITIES RECOMMENDATION:

It is recommended that the City Council:

A.

Authorize the Finance Manager to amend
the budget to increase account 101-
450PWD-3820 by $91,297 for the
installation of the new fencing around City
Hall/Fire Department Facilities, electrical work and trenching; AND B.

Authorize the City Manager to sign the
purchase order per the City’s purchasing
policy with A-1 Fence Company; AND
C.

Authorize staff to schedule A-1 Fencing to
complete the work and proceed with
trenching and electrical work as needed.
2023 08 21 ITEM NO. 18

19. HARDSCAPING OF HELI-HYDRANT SITE
RECOMMENDATION:

It is recommended that the City Council:

A.

Authorize the Finance Manager to amend the budget to increase account 260- 710FIR-6650 by $64,960 to grade, place asphalt, a berm, speed bumps, drain and clear the rubble from the Heli-Hydrant area; AND B.

Authorize the City Manager to sign the purchase order per the City’s purchasing policy with J.A. Salazar Construction & Supply Corp.; AND C.

Authorize staff to schedule J.A. Salazar Construction & Supply Corp. to complete the work and proceed with hardscaping and clearing of the Heli-Hydrant site. 2023 08 21 ITEM NO. 19

20. ENGINEERING AND ARCHITECTURAL DESIGN SERVICES  FOR FIRE  DEPARTMENT APPARATUS BAY RECOMMENDATION:

It is recommended that the City Council review and discuss. 2023 08 21 ITEM NO. 20

21. PUBLIC SAFETY AND EMERGENCY PREPAREDNESS COMMITTEE REQUEST FOR WORKSHOP RECOMMENDATION:

It is recommended that the City Council review and discuss. 2023 08 21 ITEM NO. 21

22. CODE ENFORCEMENT COMMITTEE RECOMMENDATIONS
RECOMMENDATION:

It is recommended that the City Council discuss and review. 2023 08 21 ITEM NO. 22

23. RESOLUTION AND LETTER OF OPPOSITION TO SHERIFF CIVILIAN OVERSIGHT COMMISSION’S RECOMMENDATION TO INVOLUNTARY ROTATE DEPUTIES EVERY FIVE YEARS

RESOLUTION 2023-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, OPPOSING THE RECOMMENDATION OF THE SPECIAL COUNSEL TO THE SHERIFF CIVILIAN OVERSIGHT COMMISSION REGARDING THE MANDATORY ROTATION OF SHERIFF PATROL DEPUTIES RECOMMENDATION:

It is recommended that the City Council approve Resolution 2023-20 and authorize the Mayor to sign the attached letter addressed to the Los Angeles County Board of Supervisors. 2023 08 21 ITEM NO. 23

24. NEW SIGN REQUEST
RECOMMENDATION:

It is recommended that the City Council review and discuss. 2023 08 21 ITEM NO. 24

END OF ADMINISTRATIVE ITEMS

25. 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 08 21 ITEM NO. 25

26. 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.

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