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 8, 2022
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.
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: Californians for Homeownership, Inc. v. City of La Habra Heights, Superior Court of the State of California, County of Los Angeles, Case No. 22STCP01394 B.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to 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
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
2022 08 08 ITEM NO 8C
D.
FIRE CHIEF’S REPORT
2022 08 08 ITEM NO 8D
E.
SHERIFF’S DEPARTMENT REPORT
2022 08 08 ITEM NO 8E
D.
FIRE CHIEF’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. 2022 08 08 ITEM NO 9
10. WARRANT REPORT FOR JULY 2022
RECOMMENDATION:
Approve.
2022 08 08 ITEM NO 10
11. TREASURER’S REPORT FOR JUNE 2022
RECOMMENDATION:
Approve.
2022 08 08 ITEM NO 11
12. MINUTES: JULY 11, 2022 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2022 08 08 ITEM NO 12
13. 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 08 08 ITEM NO 13
14. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file. 2022 08 08 ITEM NO 14
15. EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH GENERAL TECHNOLOGIES & SOLUTIONS (GTS) RECOMMENDATION:
It is recommended that the City Council:
A.
Extend the Professional Services Agreement with General Technologies & Solutions for a Traffic Mitigation Study of Hacienda Road for a term of two years; AND B.
Approve a budget amendment in the amount of $31,800 from the general fund to Public Works Professional Services Account 101-450PWD-6650. 2022 08 08 ITEM NO 15
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
16. SECOND READING AND ADOPTION OF ORDINANCE TO IMPLEMENT A TWO-YEAR TIME EXTENSION FOR PLANNING AND BUILDING PERMITS APPROVED FROM 2020 THROUGH 2022
ORDINANCE NO. 2022-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, TO IMPLEMENT A TWO-YEAR TIME EXTENSION FOR PLANNING AND BUILDING PERMITS APPROVED FROM 2020 THROUGH 2022 RECOMMENDATION:
It is recommended that the City Council:
A.
Open the Public Hearing; AND
B.
Close the Public Hearing; AND
C.
Approve a second reading and adopt Ordinance No. 2022-06, An Ordinance of the City Council of the City of La Habra Heights, California, to Implement a Two-Year Time Extension for Planning and Building Permits Approved from 2020 through 2022. 2022 08 08 ITEM NO 16
17. SIXTH CYCLE 2021-2029 HOUSING ELEMENT UPDATE
RESOLUTION NO. 2022-24: A RESOLUTION OF THE CITY COUNCIL OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING THE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN, AND MAKING FINDINGS UNDER CEQA RECOMMENDATION:
It is recommended that the City Council:
A.
Open the Public Hearing; AND
B.
Close the Public Hearing; AND
C.
Adopt Resolution No. 2022-24, A Resolution of the City Council of the City of La Habra Heights, California, Adopting the 2021-2029 Housing Element of the General Plan, and Making Findings Under CEQA. 2022 08 08 ITEM NO 17
2022 08 08 ITEM NO 17 ATTACHMENT 1
2022 08 08 ITEM NO 17 ATTACHMENT 1 APPENDIX
2022 08 08 ITEM NO 17 ATTACHMENTS 2-8
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
18. SECOND READING AND ADOPTION OF AMENDMENTS TO THE LA HABRA HEIGHTS GENERAL PLAN LAND USE ELEMENT, ZONING ORDINANCE, AND ZONING MAP TO CREATE A NEW MULTI-FAMILY RESIDENTIAL DESIGNATION AND REDESIGNATE EIGHT PARCELS ON THE EAST SIDE OF HARBOR BOULEVARD BETWEEN FULLERTON ROAD AND BELLA VISTA DRIVE FROM RESIDENTIAL-AGRICULTURE/SPECIFIC PLAN OVERLAY TO MULTI-FAMILY RESIDENTIAL (GPA 2022-033, ZCA 2022-034, AND ZC 2022-035)
RESOLUTION NO. 2022-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, APPROVING GPA 2022-33 AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CREATE A MULTI-FAMILY RESIDENTIAL DESIGNATION, AND MAKING FINDINGS UNDER CEQA
ORDINANCE NO. 2022-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING ARTICLE 7 (DEVELOPMENT CODE AND ZONING ORDINANCE) OF THE LA HABRA HEIGHTS MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT (ZCA 2022-034); AND MAKING FINDINGS UNDER CEQA
ORDINANCE NO. 2022-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP (ZC 2022-035), AND MAKING FINDINGS UNDER CEQA RECOMMENDATION:
It is recommended that the City Council:
A.
Adopt Resolution No. 2022-21, a Resolution of the City Council of the City of La Habra Heights, California, approving GPA 2022-033 Amending the Land Use Element of the General Plan to create a Multi-Family Residential Designation, and making finding under CEQA; AND B.
Approve a Second Reading and Adopt Ordinance No. 2022-04, an Ordinance of the City Council of the City of La Habra Heights, California, amending Article 7 (Development Code and Zoning Ordinance) of the La Habra Heights Municipal Code to establish regulations for Multi-Family Residential development (ZCA 2022-034); and making findings under CEQA; AND C.
Approve a Second Reading and Adopt Ordinance No. 2022-05, an Ordinance of the City Council of the City of La Habra Heights, California, amending the Official Zoning Map (ZC 2022-035), and making findings under CEQA. 2022 08 08 ITEM NO 18
19. COMMUNICATIONS FACILITY LICENSE AGREEMENT FOR NEW FAUX EUCALYPTUS CELL SITE AT CITY HALL RECOMMENDATION:
It is recommended that the City Council:
A.
Approve the City of La Habra Heights Communications Facility License Agreement with AT&T for a new faux eucalyptus cell site at City Hall; AND B.
Authorize the City Manager to execute the License Agreement with AT&T; AND C.
Authorize the City Manager to take all necessary actions to carry out the intent of the proposed License Agreement. 2022 08 08 ITEM NO 19
20. DISCUSSION OF ANIMAL NOISE COMPLAINTS AND CODE ENFORCEMENT PROCESS (CONTINUED FROM JULY 11, 2022) RECOMMENDATION:
It is recommended that the City Council discuss the item and provide direction to staff. 2022 08 08 ITEM NO 20
21. LIST OF POTENTIAL PLANNING COMMISSION DISCUSSION ITEMS RECOMMENDATION:
It is recommended that the City Council discuss the item and provide direction to staff. 2022 08 08 ITEM NO 21
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22. 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 08 08 ITEM NO 22
23. 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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