REGULAR MEETING AGENDA
CITY OF LA HABRA HEIGHTS
CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
To Follow Meeting - Closed Session
6:30
p.m. Regular Business
November 14, 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).
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. SEATING OF APPOINTED COUNCIL MEMBERS
RECOMMENDATION:
It is recommended that the City Council receive and file. 2022 11 14 ITEM NO 6
7. HONOR OUTGOING COUNCIL MEMBER CAREY KLINGFUS
A.
Comments by Council colleagues and public;
B.
Comments by outgoing Council Member;
C.
Thereafter, outgoing Council Member will step down from Council dais.
8. OATHS OF OFFICE AND SEATING OF NEWLY APPOINTED COUNCIL MEMBERS A.
Administration of Oath of Office to Appointed Council Member Brian Bergman; B.
Administration of Oath of Office to Appointed Council Member Carol Engelhardt; C.
Administration of Oath of Office to Appointed Council Member John Pespisa; D.
Administration of Oath of Office to Appointed Council Member Norm Zezula; E.
Comments by newly appointed Council Members.
9. COMMITTEE COMMENTS
10. CITY COUNCIL COMMENTS
11. ADMINISTRATIVE REPORTS
A.
CITY MANAGER’S REPORT
2022 11 14 ITEM NO 11A
B.
CITY ATTORNEY’S REPORT
C.
COMMUNITY DEVELOPMENT REPORT
2022 11 14 ITEM NO 11C
D.
FIRE CHIEF’S REPORT
2022 11 14 ITEM NO 11D
E.
SHERIFF’S DEPARTMENT REPORT
9. COMMITTEE COMMENTS
CONSENT CALENDAR
It is recommended that items 12 through 19 be acted on by one motion of the City Council unless a Council Member requests a separate discussion and/or action on an item.
12. 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 11 14 ITEM NO 12
13. WARRANT REPORT FOR OCTOBER 2022
RECOMMENDATION:
Approve.
2022 11 14 ITEM NO 13
14. TREASURER’S REPORT FOR SEPTEMBER 2022
RECOMMENDATION:
Approve.
2022 11 14 ITEM NO 14
15. MINUTES: OCTOBER 10, 2022 – REGULAR CITY COUNCIL MEETING RECOMMENDATION:
Approve.
2022 11 14 ITEM NO 15
16. 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 11 14 ITEM NO 16
17. CITY UPDATES AND DISCUSSION REGARDING COVID-19
RECOMMENDATION:
It is recommended that the City Council receive and file. 2022 11 14 ITEM NO 17
18. SECOND READING AND ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODES ORDINANCE NO. 2022-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS CALIFORNIA, ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND MAKING NECESSARY AMENDMENTS THERETO A.
Approve a second reading; AND
B.
Accept findings included in Exhibit A; AND
C.
Adopt Ordinance No. 2022-07, Ordinance of the City Council of the City of La Habra Heights, California, Adopting the 2022 editions of the California Building Standards Codes and Making Necessary Amendments Thereto. 2022 11 14 ITEM NO 18
19. SECOND READING AND ADOPTION OF THE 2022 CALIFORNIA FIRE CODE ORDINANCE NO. 2022-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, ADOPTING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND MAKING NECESSARY AMENDMENTS THERETO RECOMMENDATION:
It is recommended that the City Council:
A.
Approve a second reading; AND
B.
Accept the findings included in Exhibit A; AND
C.
Adopt Ordinance No. 2022-08, an Ordinance of the City Council of the City of La Habra Heights, California, Adopting the 2022 Edition of the California Fire Code and Making Necessary Amendments Thereto. 2022 11 14 ITEM NO 19
------------------------------- END OF CONSENT CALENDAR --------------------------------
PUBLIC HEARING
20. UNPAID BRUSH CLEARANCE COSTS RESOLUTION NO. 2022-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, CONFIRMING A REPORT OF COSTS INCURRED IN CONNECTION WITH THE CITY’S BRUSH CLEARANCE PROGRAM; CONFIRMING THE ASSESSMENTS AND LIENS SET FORTH IN SUCH REPORT; AND DIRECTING THAT SUCH ASSESSMENTS BE COLLECTED ON THE PROPERTY TAX ROLL RECOMMENDATION:
It is recommended that the City Council:
A.
Overrule protests, if any, offered during protest hearing and adopt Resolution No. 2022-30 confirming the report of costs incurred by the City and authorizing the assessments as liens to be placed on the tax rolls effective November 14, 2022; OR B.
Amend the changes to be assessed and placed as liens as follows: ___________________, and adopt Resolution No. 2022-30. 2022 11 14 ITEM NO 20
21. URGENCY ORDINANCE AMENDING CHAPTER 7.28 OF THE LA HABRA HEIGHTS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA URGENCY ORDINANCE NO. 2022-09U: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING CHAPTER 7.28 OF THE LA HABRA HEIGHTS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA RECOMMENDATION:
It is recommended that the City Council:
A.
Waive further reading and find that Urgency Ordinance No. 2022-09U is necessary for the immediate preservation of the public peace, health or safety for the reasons stated therein; AND B.
Find that Urgency Ordinance No. 2022-09U is exempt from the California Environmental Quality Act; AND C.
Approve Urgency Ordinance No. 2022-09U to take immediate effect. 2022 11 14 ITEM NO 21
-------------------------------- END OF PUBLIC HEARING --------------------------------
ADMINISTRATIVE ITEMS
22. REQUEST FOR CITY TO WAIVE THE RENTAL FEES AND REFUNDABLE DEPOSITS FOR THE USE OF THE PARK TO HOLD A COMMUNITY YARD SALE RECOMMENDATION:
It is recommended that the City Council:
A.
Sponsor the Community Yard Sale event: AND
B.
Provide the event insurance: AND
C.
Authorize the Finance Manager to transfer $225 from the General Fund to General Services account 101-150GSD-6510; AND D.
Waive the rental fees and refundable deposits for the use of the Park on Saturday, May 6, 2023 to hold a Community Yard Sale. 2022 11 14 ITEM NO 22
23. EMPLOYMENT AGREEMENT FOR INTERIM FIRE CHIEF
RECOMMENDATION:
It is recommended that the City Council receive and file this report. 2022 11 14 ITEM NO 23
24. FIRE DEPARTMENT PARAMEDIC STAFFING (CONTINUED FROM SEPTEMBER 12, 2022 AND OCTOBER 10, 2022) RECOMMENDATION:
It is recommended that the City Council receive and file this report. 2022 11 14 ITEM NO 24
25. REVIEW OF ANIMAL KEEPING DEVELOPMENT STANDARDS
RECOMMENDATION:
It is recommended that the City Council provide direction to the Planning Commission to review the animal keeping development standards and draft an ordinance with potential modification for City Council consideration. -------------------------------- END OF ADMINISTRATIVE ITEMS -------------------------------- 2022 11 14 ITEM NO 25
26. 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 11 14 ITEM NO 26
-------------------------------- END OF REGULAR BUSINESS --------------------------------
CLOSED SESSION
27. 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
28. RECONVENE AND STATEMENT FROM CLOSED SESSION
-------------------------------- END OF CLOSED SESSION --------------------------------
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, 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 NOVEMBER 14, 2022
VIEW THE CITY COUNCIL MEETING LIVE AT: WWW.LHHCITY.ORG