REGULAR MEETING AGENDA
CITY OF LA HABRA HEIGHTS
CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
5:30 PM Closed Session
6:45
p.m. Regular Business
August 12, 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 LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: Two
C.
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.
Puente Hills Habitat Preservation Authority Citizens Technical Advisory Committee (CTAC) & Vector Control Update by Catherine Houwen
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 08 12 ITEM # 8C
D.
FIRE CHIEF’S REPORT
2024 08 12 ITEM # 8D
E.
SHERIFF’S DEPARTMENT REPORT
2024 08 12 ITEM # 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 08 12 ITEM # 9
10. APPROVAL OF WARRANT REPORT FOR JULY 2024
RECOMMENDATION:
Approve.
2024 08 12 ITEM # 10
11. TREASURER’S REPORT FOR THE MONTH OF MAY 2024
RECOMMENDATION:
Approve.
2024 08 12 ITEM # 11
12. TREASURER’S REPORT FOR THE MONTH OF JUNE 2024
RECOMMENDATION:
Approve.
2024 08 12 ITEM # 12
13. MINUTES: JULY 8, 2024 - REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2024 08 12 ITEM # 13
------------------------------ END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
14. PROTEST HEARING - UNPAID BRUSH CLEARANCE COSTS
RECOMMENDATION:
It is recommended that the City Council:
A.
Overrule protests, if any, and adopt Resolution No. 2024-24 confirming the report of costs incurred by the City and authorizing the assessments as liens to be placed on the tax rolls effective August 12, 2024; OR B.
Amend the charges to be assessed and placed as liens as follows: _______________________, and adopt Resolution 2024-24. 2024 08 12 ITEM # 14
------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
15. ADJUSTMENT OF RATES FOR REFUSE RELATED SERVICES PROVIDED BY REPUBLIC SERVICES RECOMMENDATION:
It is recommended that the City Council of the City of La Habra Heights ratify and approve the proposed 10% increase in the rate structure for refuse, recycling, and green waste services as contained in the Agreement approved between the City and Republic Services Fiscal Year 2024. 2024 08 12 ITEM # 15
16. RECOMMENDATION TO SELECT PROPOSAL FROM WARE DISPOSAL, INC., FOR A NEW FRANCHISE AGREEMENT FOR COLLECTION AND PROCESSING OF SOLID WASTE, INCLUDING COMPLIANCE WITH STATE MANDATED ORGANIC RECYCLING AND RELATED SERVICES RECOMMENDATION:
It is recommended that the City Council:
A.
Select Ware Disposal, Inc. to enter a new franchise agreement for collection and processing of solid waste, including compliance with state mandated organic recycling and related services.
B.
Direct the City Attorney to prepare a franchise agreement for a 10-year period beginning October 1, 2024 with the option of two one-year extensions, and return to the Council for its approval of such franchise. 2024 08 12 ITEM # 16
17. FISCAL YEAR 2022-23 STREET IMPROVEMENT PROJECT – ZONE 4 HACIENDA ROAD/EAST ROAD AWARD OF CONTRACT RECOMMENDATION:
It is recommended that the City Council:
A.
Award the FY 2022-23 Street Improvement Project construction contract to Onyx Paving Company in the amount of $1,369,000.00; B.
Authorize a contingency for this project in the amount of 15%; C.
Award the Construction Management and Inspection contract to NV5 in the amount of $192,364; D.
Authorize the Finance Manager to amend the FY 2024-25 budget to increase account number 101-450PWD-6830 by $725,975; AND E.
Authorize the City Manager to execute the contracts in a form approved by the City Attorney. 2024 08 12 ITEM # 17
18. FINANCIAL ASSISTANCE AND RECOVERY FROM WINTER STORM 2024 RECOMMENDATION:
It is recommended that the City Council review and discuss. 2024 08 12 ITEM # 18
19. PROJECT UPDATES AND DEADLINES
RECOMMENDATION:
It is recommended that the City Council review and discuss. 2024 08 12 ITEM # 19
20. 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 08 12 ITEM # 20
21. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (ONE MINUTE) -------------------------------- END OF ADMINISTRATIVE ITEMS --------------------------------
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.
C.
COMMUNITY DEVELOPMENT REPORT