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
6:30
p.m. Regular Business
May 9, 2022
*Pursuant to AB 361 and City Council Resolution No. 2021-25, this meeting will be a hybrid meeting in which Council Members may join virtually.
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
The public may physically attend City Council meetings. Social distancing is still required inside City Hall. Due to limited designated seating, members of the public will be allowed to enter on a first come, first served basis. To protect Council Members, members of the public and staff, face masks are required for all unvaccinated individuals and for staff. Members of the public who are vaccinated can enter City Hall without a mask if proof of vaccination is provided. 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.
The public may provide public comments on any agenda item or item not on the agenda during Item No. 5, PUBLIC COMMENTS and during each public hearing via phone at (562) 694-6302 Ext. 0. If you would like to provide public comment via telephone, please begin your call once the Mayor calls the meeting to order.
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.
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. (Govt. Code 65009(b)(2))
CLOSED SESSION
OPENING CEREMONIES
1. CALL MEETING TO ORDER
2. ROLL CALL
A.
Roy Francis, Mayor
B.
Norm Zezula, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Carey Klingfus, Council Member
E.
Dennis Laherty, 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: 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 B.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Gov. Code § 54956.9(d)(1)
Case: Californians for Homeownership, Inc. v. City of La Habra Heights, Superior Court of the State of California, County of Los Angeles, Case No. 22STCP01394 C.
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 D.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Potential Initiation of Litigation Pursuant to Gov. Code § 54956.9(d)(2) Potential Cases: Three
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.
Roy Francis, Mayor
B.
Norm Zezula, Mayor Pro Tempore
C.
Brian Bergman, Council Member
D.
Carey Klingfus, Council Member
E.
Dennis Laherty, Council Member
3. FLAG SALUTE
4. PRESENTATIONS, COMMENDATIONS AND PROCLAMATIONS
A.
RECOGNITION OF OUTGOING MAYOR DENNIS LAHERTY
B.
RECOGNITION OF RETIRING LASD DEPUTY DAN DEVILLE
5. PUBLIC COMMENTS
6. COMMITTEE COMMENTS
7. CITY COUNCIL COMMENTS
8. ADMINISTRATIVE REPORTS
A.
CITY MANAGER’S REPORT
2022 05 09 ITEM NO. 8A
B.
CITY ATTORNEY’S REPORT
C.
COMMUNITY DEVELOPMENT REPORT
2022 05 09 ITEM NO. 8C
D.
FIRE CHIEF’S REPORT
E.
SHERIFF’S DEPARTMENT REPORT
2022 05 09 ITEM NO. 8E
CONSENT CALENDAR
It is recommended that items 9 through 21 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. 2022 05 09 ITEM NO. 9
10. WARRANT REPORT FOR APRIL 2022
RECOMMENDATION:
Approve.
2022 05 09 ITEM NO. 10
11. TREASURER’S REPORT FOR MARCH 2022
RECOMMENDATION:
Approve.
2022 05 09 ITEM NO. 11
12. MINUTES: APRIL 11, 2022 ? REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2022 05 09 ITEM NO. 12
13. MINUTES: APRIL 18, 2022 – SPECIAL CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2022 05 09 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 meetings. 2022 05 09 ITEM NO. 14
15. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file. 2022 05 09 ITEM NO. 15
16. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-02 REGARDING ADDING ORGANIC WASTE DISPOSAL REQUIREMENTS TO THE CITY OF LA HABRA HEIGHTS MUNICIPAL CODE ORDINANCE NO. 2022-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING ARTICLE 4 AND ARTICLE 7 OF THE LA HABRA HEIGHTS MUNICIPAL CODE TO MODIFY SECTION 4.1.100 (CONSTRUCTION AND DEMOLITION RECYCLING), MODIFY SECTION 4.3.15 (DEFINITIONS), ADD SECTION 4.3.113 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION), AND MODIFY SECTION 7.12.5.30 (WATER EFFICIENT LANDSCAPING) RECOMMENDATION:
It is recommended that the City Council approve a second reading and adopt Ordinance No. 2022-02, an Ordinance of the City Council of the City of La Habra Heights, California, Amending Article 4 and Article 7 of the La Habra Heights Municipal Code to Modify Section 4.1.100 (Construction and Demolition Recycling), Modify Section 4.3.15 (Definitions), Add Section 4.3.113 (Mandatory Organic Waste Disposal Reduction), and Modify Section 7.12.5.30 (Water Efficient Landscaping). 2022 05 09 ITEM NO. 16
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-03 REGARDING SPEED LIMITS ON CITY STREETS ORDINANCE NO. 2022-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING SECTION 6.2.20 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING DESIGNATING SPEED LIMITS ON CERTAIN STREETS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA RECOMMENDATION:
It is recommended that the City Council approve a second reading and adopt Ordinance No. 2022-03, an Ordinance of the City Council of the City of La Habra Heights, California, amending Section 6.2.20 of the La Habra Heights Municipal Code regarding designating speed limits on certain streets and finding the action to be exempt from CEQA. 2022 05 09 ITEM NO. 17
18. RESOLUTION ADOPTING FY 2022-23 PROJECT LIST FUNDED BY SB 1 (GAS TAX) REVENUES RESOLUTION NO. 2022-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-06 approving the FY 2022-23 project list funded by SB 1 to be submitted to the California Transportation Commission. 2022 05 09 ITEM NO. 18
19. CITY COUNCIL MEMBER COMMITTEE ASSIGNMENTS
RECOMMENDATION:
t is recommended that the City Council appoint the required delegates and alternates to serve as representatives for the California Joint Powers Insurance Authority (CJPIA) and L.A. County Sanitation Districts. 2022 05 09 ITEM NO. 19
20. AMENDMENT OF FAIR POLITICAL PRACTICES COMMISSION FORM 806 RECOMMENDATION:
It is recommended that the City Council approve the amended Form 806 and direct the City Clerk to post the amended FPPC Form 806 on the City’s website with the mandated information. 2022 05 09 ITEM NO. 20
21. CONSIDERATION OF RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022 RESOLUTION NO. 2022-07: 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 8, 2022, FOR THE ELECTION OF THREE (3) MEMBERS FOR A FOUR-YEAR TERM AND ONE (1) MEMBER FOR A TWO-YEAR TERM OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2022-08: 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 8, 2022, WITH THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2022-09: 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 8, 2022 RECOMMENDATION:
It is recommended that the City Council adopt the resolutions as presented in the staff report. 2022 05 09 ITEM NO. 21
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
22. CALL FOR REVIEW OF TEMPORARY USE PERMIT PRJ 2022-021 ADMINISTRATIVE DENIAL OF A REQUEST FOR TEMPORARY OCCUPANCY OF A TRAVEL TRAILER IN THE FRONT YARD OF 2044 VIRAZON DRIVE RECOMMENDATION:
It is recommended that the City Council affirm the Administrative Denial of Temporary Use Permit PRJ 2022-021 for the temporary occupancy of a travel trailer located at 2044 Virazon Drive. 2022 05 09 ITEM NO. 22
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
23. RESOLUTION ADOPTING THE CITY OF LA HABRA HEIGHTS NATURAL HAZARD MITIGATION PLAN AND FINDING THE PROJECT TO BE EXEMPT FROM CEQA (CONTINUED FROM MARCH 14, 2022 AND APRIL 11, 2022) RESOLUTION NO. 2022-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING THE 2022 HAZARD MITIGATION PLAN RECOMMENDATION:
It is recommended that the City Council:
A.
Adopt the Hazard Mitigation Plan; AND
B.
Find the project to be exempt from CEQA; AND
C.
Forward the signed resolution to FEMA for approval.
2022 05 09 ITEM NO. 23
24. TRANSITION TO MICROSOFT 365
RECOMMENDATION:
It is recommended that the City Council approve the transition to Microsoft 365. 2022 05 09 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. 2022 05 09 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.
REGULAR CITY COUNCIL MEETING AGENDA 9 MAY 9, 2022
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