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La Habra Heights City Council
March 11, 2024

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Minutes
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March 11, 2024
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La Habra Heights City Council
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1978

MINUTES
City of La Habra Heights
Regular Meeting of the La Habra Heights City Council
March 11, 2024
Closed Session Opening Ceremonies
Call Meeting to Order - At 5:30 p.m., Mayor Engelhardt called the Regular City Council meeting to order.

Roll Call

Present: Mayor Carol Engelhardt, Mayor Pro Tempore John Pespisa, and Council Members Brian Bergman

Absent: Council Member Norm Zezula
Also Present: Interim City Manager Rafferty Wooldridge, City Attorney Todd Litfin, Public Works Specialist Grace Andres, and Administrative Assistant Christina Aguilar

3. Public Comment on Closed Session

4. Adjourned to Closed Session
At 5:32 p.m., Council Member Norm Zezula entered the dias.

At 5:34 p.m., the City Council, City Manager, and City Attorney adjourned to Closed Session to discuss the following:

A. 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 At 5:49 p.m., City Council Member Laherty left Closed Session.

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: One

REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED APRIL 8, 2024 1 MARCH 11, 2024
At 6:23 p.m., Closed Session ended.

5. Reconvene and Statement from Closed Session
- End of Closed Session-...

Regular Business at 6:30 P.M.

Call Meeting to Order - At 6:34 p.m., Mayor Engelhardt called the Regular City Council Meeting to order.

2. Roll Call

Present: Mayor Carol Engelhardt, Mayor Pro Tempore, John Pespisa, and Council Members Brian Bergman, Dennis Laherty, and Norm Zezula

Absent: None
Also Present: Interim City Manager Rafferty Wooldridge, City Attorney Todd Litfin, Interim Assistant City Manager Tom Robinson, Finance Manager Angie Martinez, Interim Fire Chief Mitch Brookhyser, Los Angeles County Deputy Sheriff Hector Beltran, Public Works Specialist Grace Andres and Administrative Assistant Christina Aguilar Also Present via Zoom: None

3. Flag Salute
6:36 p.m. City Attorney Todd Litfin, stated there were no reportable action from the Closed Session
Presentations, Commendations and Proclamations
A. La Habra Heights Improvement Association (LHHIA) - donation of cookware for the fire station
Public Comments

6. Committee Comments
City Council Comments
A. Announce Planning Commissioner Appointment
Action: Council Member Zezula appointed Greg Steffire as the new Planning Commission Committee Member.

REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED APRIL 8, 202 2 MARCH 11, 2024

8. Administrative Reports
A. City Manager's Report
B. City Attorney's Report
C. Community Development Report
D. Fire Chief's Report
E. Sheriff's Department Report
Consent Calendar
Action: Moved (Laherty), seconded (Pespisa), and voted unanimously to approve consent items 9, 10, 11, 12, 13 and 14.
athe Rading in Full of All Ordinances, Resolutions, and Meeting Minutes

10. Warrant Report February 2024

11. Treasurer's Report for January 2024

12. Minutes: February 12, 2024 - Regular City Council Meeting

13. Accept Donation of Mixer and Cookware for Fire Station

14. Proclamation of the Continued Existence of a Local State of Emergency Due to Storms and Torrential Rain
Resolution No. 2024-08: A Resolution of The City Council of The City of La Habra Heights, California, ratifying and extending the Emergency Proclamation due to Torrential Rain Event.

End of Consent Can............

Public Hearing

15. Appeal of Standards Modification Request PRJ 2017-053 to Construct a New Single-Family Residence and Accessory Dwelling Unit Located at 1730 Kanola Road
Resolution No. 2024-09: A Resolution of the City Council of The City of La Habra Heights, California, affirming the Planning Commission approval of standards modification request PRJ 2017-053 to construct a New Single-Family Residence and Accessory Dwelling unit located at 1730 Kanola Road.

REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED APRIL 8, 2024 3 MARCH 11, 2024
At 7:06 p.m. Mayor Engelhardt opened the public hearing.

At 9:00 p.m. Mayor Engelhard closed the public hearing.

Action: Moved (Bergman), seconded (Pespisa), and voted unanimously to Remand the decision back to the Planning Commission for further review, with the following condition that the applicant must look at the water retention basin and increase it by a substantial amount, lower the pool to balance out the cut and fill of the project. Add larger trees to the landscaping plans and immediately start landscaping the perimeter of the property and have the site cleaned up. Lastly, provide an acceptable lighting plan that includes recess lighting or shield lighting to ensure there is no spillage of lighting onto the neighbor's property.
-- End of Public Hearing --
Recess: At 9:22 p.m. Mayor Engelhardt called for recess.

Reconvene: At 9:30 p.m. Mayor Engelhardt reconvened the meeting.

Administrative Items

16. Purchase and Sale Agreement between RMX Resources, LLC and the City of La Habra Heights regarding city purchase of Property Located at 459 West Road (APN 8237-009-002)
Action: Moved (Bergman), seconded (Pespisa), and voted 4-1 (Oppose: Zezula) to approve the purchase and sale agreement between RMX Resources, LLC and the City of La Habra Heights purchase of the property located at 459 West Road (APN 8237-009- 002) and also authorizing up to a maximum of $50,000 to be spent on the environmental phase 2 if needed.

17. Fiscal Year 2023-24 Mid-Year Budget Adjustments
Action: Moved (Laherty), seconded (Pespisa), and voted unanimously, to approve the Fiscal Year 2023-2024 mid-year budget amendment.

18. 2023 Housing Element Annual Progress Report
Action: Moved (Laherty), seconded (Bergman), and voted unanimously, to accept the 2023 Housing Element Annual Progress Report and direct staff to file the report with the California Department of Housing and Community Development (HCD).

19. Fire Department and Paramedic Staffing Update
Action: Received and filed.

REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED APRIL 8, 2024 4 MARCH 11, 2024

20. 2024 Assistance to Firefighters Grant Application
Action: Received and filed.

21. Municipal Code Enforcement Program Update
Action: Moved (Bergman), seconded (Pespisa), and voted unanimously, to direct staff to move forward with seeking request for proposal.
10:13 p.m. Council Member Dennis Laherty left the dias. 10:19 p.m. Council Member Dennis Laherty returned to the dias.

22. Roads Advisory Committee Recommendation for Paving of Hacienda Road 10:25 p.m. Council Member John Pespisa recused himself and left the dias.

Action: Received and filed.
10:37 p.m. Council Member John Pespisa returned to the dias.

23. Local Recovery from February 2024 Winter Storms
Action: Received and filed.

24. Project Updates and Deadlines
Action: Received and filed.
-- End of Administrative Items

25. 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 10:48 p.m., Mayor Engelhardt adjourned the meeting.

Submitted for Council Approval:

Chustino Dociles
Christina Aguilar, Administrative Assistant

REGULAR CITY COUNCIL MEETING MINUTES
APPROVED AS SUBMITTED APRIL 8. 2024 5 MARCH 11, 2024

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