REGULAR MEETING AGENDA
CITY OF LA HABRA HEIGHTS
CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
5:30 PM Closed Session
6:30
p.m. Regular Business
May 13, 2024
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. 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).
CLOSED SESSION
OPENING CEREMONIES
1. CALL MEETING TO ORDER
2. ROLL CALL
A.
Carol Engelhardt, Mayor
B.
John Pespisa, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Dennis Laherty, Council Member
E.
Norm Zezula, Council Member
3. PUBLIC COMMENTS
4. ADJOURN 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 B.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Gov. Code § 54956.8
Agency Negotiators: Rafferty Wooldridge, Interim City Manager and Todd Litfin, City Attorney Negotiating Parties: RMX Resources LLC Property: 8237-009-002
C.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: Two
D.
EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Gov. Code § 54957
Title: Interim 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.
Carol Engelhardt, Mayor
B.
John Pespisa, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Dennis Laherty, Council Member
E.
Norm Zezula, Council Member
3. FLAG SALUTE
4. PRESENTATIONS, COMMENDATIONS AND PROCLAMATIONS
A.
PRESENT RECOGNITION AWARD TO TIFFANY FARINA
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
2024 05 13 ITEM NO. 8C
D.
FIRE CHIEF’S REPORT
2024 05 13 ITEM NO. 8D
E.
SHERIFF’S DEPARTMENT REPORT
2024 05 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. 2024 05 13 ITEM NO. 9
10. APPROVAL OF WARRANT REPORT FOR APRIL 2024
RECOMMENDATION:
Approve.
2024 05 13 ITEM NO. 10
11. TREASURER’S REPORT FOR THE MONTH OF MARCH 2024
RECOMMENDATION:
Approve.
2024 05 13 ITEM NO. 11
12. MINUTES: APRIL 08, 2024 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2024 05 13 ITEM NO. 12
13. FINANCIAL ASSISTANCE FOR RESPONSE TO AND RECOVERY FROM SEVERE WINTER STORMS RECOMMENDATION:
It is recommended that the City Council receive and file. 2024 05 13 ITEM NO. 13
------------------------------ END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
14. CALL FOR REVIEW 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. 2024-10: 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 RECOMMENDATION:
It is recommended that the City Council:
A.
Adopt Resolution No. 2024-10 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; OR B.
Overturn the Planning Commission Approval of Standards Modification Request PRJ 2017-053 and direct staff to prepare a resolution denying the request. 2023 05 13 ITEM #14
2024 05 13 ITEM NO. 14 ATTACHMENT 2
2024 05 13 ITEM NO. 14 ATTACHMENT 2 PART 2
2024 05 13 ITEM NO. 14 ATTACHMENT 3
2024 05 13 ITEM NO. 14 ATTACHMENT 4
2024 05 13 ITEM NO. 14 ATTACHMENT 5
2024 05 13 ITEM NO. ATTACHMENT 6
------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
15. HACIENDA ROAD SAFETY IMPROVEMENT PROJECT - AWARD OF CONTRACT TO CROSSTOWN ELECTRICAL & DATA, INC RECOMMENDATION:
It is recommended that the City Council:
A.
Award the Hacienda Road Safety Improvement Project construction contract to Crosstown Electrical & Data in the amount of $946,487.00 B.
Authorize a contingency for the project in the amount of 15%; C.
Award the Construction Management and Inspection contact to NV5 in the amount of $84,448.00; D.
Authorize the Interim City Manager to execute the contracts in a form approved by the City Attorney. 2024 05 13 ITEM NO. 15
16. UPDATE ON PROPOSED PURCHASE OF PROPERTY LOCATED AT 459 WEST ROAD (APN 8237-009-002) BY THE CITY OF LA HABRA HEIGHTS FROM RMX RESOURCES, LLC RECOMMENDATION:
It is recommended that the City Council:
A.
Authorize the City Attorney and Interim City Manager to complete the purchase of the property located at 459 West Road subject to the finalization of the phase 2 environmental report; AND B.
Authorize the Finance Manager to amend the budget increase account 101-150GSD-6880 by $1,350,000 plus one-half of the escrow and closing costs for the purchase of the property located at 459 West Road. 2024 05 13 ITEM NO. 16
17. CONSIDERATION OF RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 RESOLUTION NO. 2024-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
RESOLUTION NO. 2024-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2024-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 RECOMMENDATION:
It is recommended that the City Council adopt the resolutions as presented in the staff report. 2024 05 13 ITEM NO. 17
18. VOLUNTEER COMMUNITY TRASH PICKUP ALONG HACIENDA ROAD RECOMMENDATION:
It is recommended that the City Council authorize the volunteer trash cleanup of Hacienda Road and associated costs. 2024 05 13 ITEM NO. 18
19. FINANCIAL BUDGET REVIEW FOR FISCAL YEAR 2024-25
RECOMMENDATION:
It is recommended that the City Council provide input and direction to Staff regarding the FY 2024-25 Annual Operating Budget. 2024 05 13 ITEM NO. 19
20. AGREEMENT WITH NV5 FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES (CONTINUED FROM APRIL 8, 2024) RECOMMENDATION:
It is recommended that the City Council:
A.
Direct City the Attorney to prepare an agreement for On-Call Professional Engineering Services with NV5; AND B.
Authorize the Interim City Manager to execute the agreement. 2024 05 13 ITEM NO. 20
21. EXTEND AGREEMENT WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR THE PARK, CITY HALL GROUNDS, AND VACANT CITY PARCELS RECOMMENDATION:
It is recommended that the City Council authorize the Interim City Manager to execute the contract in a form approved by the City Attorney. 2024 01 08 ITEM NO. 21
22. RESOLUTION ADOPTING FY 2024-25 PROJECT LIST FUNDED BY SB 1 (GAS TAX) REVENUES RESOLUTION NO. 2024-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2024-14 approving the FY 2024-25 project list funded by SB 1 to be submitted to the California Transportation Commission. 2024 05 13 ITEM NO. 22
23. TRAFFIC SIGNAL LIGHT MAINTENANCE AT HACIENDA AND EAST ROAD RECOMMENDATION:
It is recommended that the City Council:
A.
Authorize the Finance Manager to amend the budget increase account 101-450PWD-6650 by $4,081.23 for the pull box upgrades and rewiring of the Hacienda Road and East Road traffic signal by the City of Santa Fe Springs; AND B.
Authorize staff to schedule the City of Santa Fe Springs Traffic Signal Maintenance Division to complete the work. 2024 05 13 ITEM NO. 23
24. AUDIO IMPROVEMENT IN THE MULTI-PURPOSE ROOM
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2024 05 13 ITEM NO. 24
25. DRAINAGE IMPROVEMENTS ALONG HACIENDA ROAD
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2024 05 13 ITEM NO. 25
26. EARLY FEBRUARY 2024 STORM DAMAGE PAVEMENT REPAIR PROJECT – AWARD OF CONTRACT RECOMMENDATION:
It is recommended that the City Council:
A.
Award the early February 2024 storm damage pavement repair project construction contract to C.T.I. DBA Lindy’s Cold Planing in the estimated amount of $78,081; AND B.
Authorize a contingency for this project in the amount of 15% or $11,712.15; AND C.
Authorize the Finance Manager to amend the FY 2023-24 budget to increase account number 101-450PWD-6850 by $89,793.15; AND D.
Authorize the Interim City Manager to execute the contracts in a form approved by the City Attorney. 2024 05 13 ITEM NO. 26
27. PROJECT UPDATES AND DEADLINES
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2024 05 13 ITEM NO. 27
-------------------------------- END OF ADMINISTRATIVE ITEMS --------------------------------
28. 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. 2024 05 13 ITEM NO. 28
29. 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 AND ARE NOT PART OF THE PUBLIC MEETING, AND CONSENT OF ALL PARTIES TO THE CONVERSATION MAY BE REQUIRED PRIOR TO RECORDING.