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Successor Agency

Regular Meeting

La Habra, CA · June 15, 2020

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Minutes

MINUTES SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LA HABRA REGULAR MEETING & REGULAR JOINT MEETING WITH THE CITY COUNCIL OF THE CITY OF LA HABRA, LA HABRA CIVIC IMPROVEMENT AUTHORITY, CITY OF LA HABRA HOUSING AUTHORITY, AND LA HABRA UTILITY AUTHORITY Monday, June 15, 2020 APPROVED: These Minutes were approved on December 7, 2020. REGULAR MEETING 6:30 P.M.: CALL TO ORDER: Mayor/Director Beamish called the Regular Meeting of the City Council of the City of La Habra and Regular Meeting with the Successor Agency to the Redevelopment Agency of La Habra, La Habra Civic Improvement Authority, City of La Habra Housing Authority, and La Habra Utility Authority to order at 6:30 p.m. INVOCATION: City Attorney/Legal Counsel Jones PLEDGE OF ALLEGIANCE: Mayor/Director Beamish COUNCILMEMBERS/DIRECTORS PRESENT: Mayor/Director Beamish Mayor Pro Tem/Director Espinoza Councilmember/Director Gomez Councilmember/Director Medrano Councilmember/Director Shaw COUNCILMEMBERS/DIRECTORS ABSENT: None OTHER OFFICIALS PRESENT: City Manager/Executive Director Sadro City Attorney/Legal Counsel Jones City Clerk/Secretary Swindell Assistant City Clerk Barone CLOSED SESSION ANNOUNCEMENT: None. I. PROCLAMATIONS/PRESENTATIONS: a. Proclaim July 2020 as Parks and Recreation month in the City of La Habra. b. Certificates of Appreciation to the Youth Committee. Mayor Beamish indicated that the fully executed proclamation would be given to the Community Services Department and all Certificates of Appreciation would be mailed to the recipients. Councilmember Gomez thanked the Youth Committee members for their volunteer services. Mayor Beamish asked Police Chief Price to speak regarding recent issues: City Council Monday, June 15, 2020 Page 2 of 12 Police Chief Price spoke regarding the incident involving George Floyd, a black man, who died on May 25, 2020, as a result of a knee-to-neck restraint used by white Minneapolis, Minnesota Police Officer Derek Chauvin. He spoke regarding press releases and social media posts he had recently released/posted. He indicated the La Habra Police Department was taking steps to avoid such incidents by suspending the use of the carotid restraint, providing de-escalation and crisis intervention training, requirement of a warning before shooting, requirement to exhaust all alternatives before shooting, duty to intervene regarding excessive force, a ban on shooting at moving vehicles, requirement of a use of force continuum, all of which is in the La Habra Police Department policy manual updated regularly through Lexipol. . He spoke regarding the recent peaceful protest in the city, the personnel status and hiring process of the department, and annual community engagement events with the La Habra Police Department. Councilmember Shaw left the dais at 6:41 p.m. Councilmember Gomez thanked Chief of Police Price for his leadership, and the La Habra Police Department for their service to the community. Mayor Beamish spoke regarding community support of the La Habra Police Department, and thanked them for their proactive efforts to mitigate the unnecessary use of force. He asked about the use of force training. Councilmember Shaw returned to the dais at 6:42 p.m. Chief of Police Price responded that the La Habra Police Department was actively working towards de-escalation and crisis intervention training. II. PUBLIC COMMENTS: Julie Day, La Habra, submitted a public comment via email regarding illegal fireworks, and suggested La Habra Police presence in the North Dexter Street neighborhood. Robin Wolf, La Habra, submitted a public comment via email regarding illegal fireworks in the intersection of Fonda Street and Essex Drive. The following spoke in support of the request for a long-term lease with iTennis at the La Habra Tennis Center: • John Letts, La Habra, owner and founder of iTennis, spoke regarding community engagement, the current lease, desire to invest and do some upgrades, the popularity of pickle ball, and the interest of a potential soccer partner Fab Five. • Sebastien Abonnel, Sherman Oaks, representing soccer group Fab Five spoke regarding interest in partnering with iTennis. • Franck Morineau, Studio City, Commercial Real Estate broker responsible for partnering iTennis and Fab Five. • Robert Magliocchi, La Habra, and those outside the city and his participation in pickle ball at iTennis. • Scott Milhous, La Habra, and his enjoyment of playing pickle ball at iTennis. • Chris Gunnell, La Habra, and his support and involvement of/in tennis and pickle ball as an instructor at iTennis. • Kathy Jew, Brea and her support of pickle ball at iTennis. • Bob Pettey, La Habra and his support of pickle ball at iTennis. City Council Monday, June 15, 2020 Page 3 of 12 Marceline Phillips spoke in support of defunding the La Habra Police Department. The following spoke in opposition to the lighting of illegal fireworks in the City and offered potential solutions: • Julie Edwards, La Habra. • Salvador Enriquez, La Habra • Robert Enriquez, La Habra Mayor Beamish directed the speakers to discuss with Police Chief Price. III. CONSENT CALENDAR: Moved by Councilmember/Director Gomez, seconded by Councilmember/Director Medrano, and CARRIED UNANIMOUSLY (5-0) TO APPROVE CONSENT CALENDAR ITEMS III.A.1 THROUGH III.E.1. Said motion CARRIED by the following roll call vote: AYES: Mayor/Director Beamish, Mayor Pro Tem/Director Espinoza, Councilmember/Director Gomez, Councilmember/Director Medrano, Councilmember/Director Shaw NOES: None ABSENT: None ABSTAIN: None A. PROPOSED ITEMS: 1. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title only. 2. Approve City Council Minutes of May 28, 2020. 3. Receive and file Planning Commission Minutes of: a. January 13, 2020 b. January 27, 2020 c. February 10, 2020 d. April 13, 2020 4. Approve denial of claim for Shannon Makowsky for Property Damage. 5. Approve denial of claim for Rogelio Aldana for Property Damage. 6. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1823 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING PLANNED UNIT DEVELOPMENT PRECISE PLAN 18-02 FOR AN ADDITION AT 1340 SOUTH BEACH BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS, AND SUBJECT TO CONDITIONS. City Council Monday, June 15, 2020 Page 4 of 12 7. Approve and adopt a resolution amending the City’s Ticket Distribution Policy; and a. APPROVE AND ADOPT RESOLUTION NO. 5953 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, AMENDING RESOLUTION NO. 5774 BY ADOPTING CERTAIN REVISIONS TO ITS POLICY FOR THE DISTRIBUTION OF TICKETS AND/OR PASSES TO CONFORM TO SECTION 18944.1 OF TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS. 8. Receive and file Treasurer’s Investment Report for the Quarter ending March 31, 2020. 9. Approve and authorize City Manager to execute the Workforce Innovation and Opportunity Act (WIOA) Youth Program Services cost reimbursement agreement with the County of Orange in the amount of $2,600,000 for the City of La Habra to be approved as the sole provider of the County’s “Ready, Set, OC” Youth Employment Program for Fiscal Year 2020-2021. 10. Approve and authorize City Manager to enter into three-year agreements with True North Compliance Services, Inc. and Interwest Consultant Group, Inc. to provide professional building plan check, grading plan check, and building inspection services on an as-needed basis. 11. Approve and authorize City Manager to enter into a five-year agreement with John L. Hunter & Associates, Inc. of Buena Park, California, in the annual amount of $99,980, and not to exceed $499,900 over the five-year term of the agreement, to provide professional consultant services for the City of La Habra’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) program for Fiscal Year 2020-2021 through Fiscal Year 2024-2025; and authorize staff to issue a purchase order to John L. Hunter & Associates, Inc. for Fiscal Year 2020-2021 through Fiscal Year 2024-2025, in the amount of $99,980 for each year of the agreement. 12. Approve and adopt the Measure M2 Seven-Year Capital Improvement Program (CIP), for Fiscal Year 2020-2021 and an update of the Local Signal Synchronization Plan (LSSP); authorize staff to submit the required documents to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility requirements for Fiscal Year 2020-2021; and adopt a resolution concerning the Update of the Local Signal Synchronization Plan (LSSP) for the Measure M2 Program. a. APPROVE AND ADOPT RESOLUTION NO. 5954 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN (LSSP) FOR THE MEASURE M (M2) PROGRAM. 13. Approve to receive the report, adopt the attached resolution, and reaffirm the local emergency that was declared on March 16, 2020, related to COVID-19. a. APPROVE AND ADOPT RESOLUTION NO. 5955 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REAFFIRMING RESOLUTION NO. 5934 WHICH RATIFIED THE DIRECTOR OF EMERGENCY SERVICES’ DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY. City Council Monday, June 15, 2020 Page 5 of 12 14. Approve and authorize City Manager to submit an application for grant funds to the State of California Department of Housing and Community Development (HCD) for an amount of up to $300,000 for Local Early Action Planning (LEAP) Grant Program funds. a. APPROVE AND ADOPT RESOLUTION NO. 5956 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AUTHORIZING APPLICATION FOR AND RECEIPT OF LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS. 15. Approve and authorize City Manager to execute a professional service agreement (PSA) with the consulting firm of the Lew Edwards Group, not to exceed $28,750, to conduct a community satisfaction survey and continuing public outreach. 16. Approve and authorize the Chief of Police to execute a Memorandum of Agreement between the City of La Habra (City) and the Orange County Auto Theft TaskForce (OCATT) for the La Habra Police Department’s participation in the OCATT program during Fiscal Year 2020-2021. 17. Approve a resolution authorizing submittal of an application to the State Department of Housing and Community Development for Permanent Local Housing Allocation Funds; and authorize City Manager to execute the application and make any subsequent amendments or modifications related to the application. a. APPROVE AND ADOPT RESOLUTION NO. 5957 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AUTHORIZING PROJECTS UTILIZING PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS. 18. WARRANTS: Approve Nos. 00125926 through 00126076 totaling $619,441.56; and WIRE TRANSFER: Approve Wire Date 6/29/2020 for a total of $414,000.00. 19. Approve and adopt the appropriate resolutions, and authorize the City Manager to execute the CCTR-0159 and CSPP-0343 Contracts with the California Department of Education (CDE) Early Learning and Care Division for the 2020-2021 Fiscal School Year. a. APPROVE AND ADOPT RESOLUTION NO. 5958 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CERTIFYING THE APPROVAL AND AUTHORIZING THE EXECUTION OF LOCAL AGREEMENT NO. CCTR-0159, WITH THE CALIFORNIA DEPARTMENT OF EDUCATION. b. APPROVE AND ADOPT RESOLUTION NO. 5959 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CERTIFYING THE APPROVAL AND AUTHORIZING THE EXECUTION OF LOCAL AGREEMENT NO. CSPP- 0343, WITH THE CALIFORNIA DEPARTMENT OF EDUCATION. 20. Approve and authorize City Manager to execute a Subrecipient Agreement with the County of Orange for Coronavirus Relief Funds related to eligible expenses incurred by the City. City Council Monday, June 15, 2020 Page 6 of 12 21. Consider and approve a Memorandum of Understanding (MOU) between the City of La Habra and the La Habra Professional Employees’ Group for the period of July 1, 2020 through December 31, 2020; and a. APPROVE AND ADOPT RESOLUTION NO. 5960 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA REPEALING AND REPLACING RESOLUTION NO. 5905 PERTAINING TO A COMPENSATION PLAN FOR THE LA HABRA PROFESSIONAL EMPLOYEES’ GROUP. B. SUCCESSOR AGENCY: 1. Approve Successor Agency Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 C. CIVIC IMPROVEMENT AUTHORITY: 1. Approve Civic Improvement Authority Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 D. HOUSING AUTHORITY: 1. Approve City of La Habra Housing Authority Minutes of May 18, 2020. E. UTILITY AUTHORITY: 1. Approve Utility Authority Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 IV. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION: None V. PUBLIC HEARINGS: City Council Monday, June 15, 2020 Page 7 of 12 A. CITY COUNCIL, AGENCY & AUTHORITIES: 1. Duly noticed joint public hearing to consider the adoption of the Fiscal Year 2020-2021 Municipal Budget and relating resolutions; and consider a resolution establishing the Appropriation Limit for Fiscal Year commencing July 1, 2020 and ending June 30, 2021, pursuant to Article XIIIB of the Constitution of the State of California. Mayor/Director Beamish instructed Finance Director Shannon to only report any changes made to the budget from the May 28, 2020 Budget Study Session. Finance Director Shannon presented the staff report At the June 1, 2020 City Council meeting, staff presented and Council approved the annual Consumer Price Index (CPI) adjustment on eligible City fees. The approved fee adjustment for Fiscal Year 2020-2021 was 3.1 percent, resulting in an estimated increase in projected General Fund revenues of approximately $43,195. This amount has been included in the updated proposed budget. In addition, after the proposed budget was presented to Council in May, two additional General Fund budget changes were made as part of this updated proposed budget: a) A $52,025 increase in the Police Departmental budget due to an adjustment to staff’s proposed furlough plan. Due to anticipated family leave needs among several of the City’s Police Dispatchers, staff proposes to not furlough any Police Dispatch staff in Fiscal Year 2020-2021. This reduction in furlough hours resulted in an increase to the Police Department’s operating budget; and, b) A $28,690 increase in the Community Services budget to fund additional part-time hours for Park Attendants to monitor City parks and enforce group activity restrictions as a result of the COVID-19 pandemic and public health guidance. He confirmed that these adjustments have been incorporated into the proposed $130,059,245 Fiscal Year 2020-2021 Municipal Budget of which $45,675,773 or 35.1 percent was attributed to the General Fund. He stated that the Fiscal Year 2020-2021 Municipal Budget is in balance with revenues exceeding expenditures by $4,216 due to changes the City Council made during the May 28, 2020 budget presentation. City Council/Director discussion included: potential impact of approved state budget on the city’s budget; opposition to a Fiscal Year 2020-2021 budget increase for the La Habra Chamber of Commerce; suggested allocation of City Council and Commission stipend decrease funds for the La Habra Chamber of Commerce via Community Development Department reimbursement for services rendered. Mayor/Director Beamish opened the public hearing at 7:25 p.m. La Habra Chamber of Commerce President/CEO Marie Laveaga thanked City Council for continuing to include the Chamber of Commerce in the budget. She requested that City Council consider a Fiscal Year 2020-2021 budget increase of $10,000 for the La Habra Chamber of Commerce due to loss of revenue due to the cancellation of the Citrus Fair and to assist them with reaching out to the business community who are not yet members. City Council Monday, June 15, 2020 Page 8 of 12 Mayor/Director Beamish closed the public hearing at 7:29 p.m. City Manager/Executive Director Sadro recommended not allocating City Council and Commission stipend decrease funds and keep as small budget surplus until the Chamber of Commerce presents a reimbursement action plan to City Council to which they agree. Moved by Mayor/Director Beamish, seconded by Councilmember/Director Gomez, and CARRIED UNANIMOUSLY (5-0) TO: a. Adoption of 2020-2021 Allocation Plan (Municipal Budget): APPROVE AND ADOPT RESOLUTION NO. 5961 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021, MAKING APPROPRIATIONS FOR THE CONDUCT OF CITY OF LA HABRA GOVERNMENT, ESTABLISHING POLICIES FOR THE ADMINISTRATION OF THE ADOPTED BUDGET, AND FOR OTHER BUDGET RELATED PURPOSES. b. Adoption of 2020-2021 Successor Agency to the La Habra Redevelopment Agency Budget: APPROVE AND ADOPT RESOLUTION NO. 2020-02 ENTITLED: A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. c. Adoption of 2020-2021 City of La Habra Housing Authority Budget: APPROVE AND ADOPT RESOLUTION NO. 2020-01 ENTITLED: A RESOLUTION OF THE CITY OF LA HABRA HOUSING AUTHORITY ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. d. Adoption of 2020-2021 La Habra Utility Authority Budget: APPROVE AND ADOPT RESOLUTION NO. 2020-03 ENTITLED: A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. e. Adoption of 2020-2021 La Habra Civic Improvement Authority Budget: APPROVE AND ADOPT RESOLUTION NO. 2020-01 ENTITLED: A RESOLUTION OF THE CIVIC IMPROVEMENT AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. f. Establishment of an Appropriation Limit (Proceeds of Taxes): APPROVE AND ADOPT RESOLUTION NO. 5962 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ESTABLISHING THE APPROPRIATION LIMIT IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021, AND AMENDING RESOLUTION NO. 5907. City Council Monday, June 15, 2020 Page 9 of 12 Said motion CARRIED by the following roll call vote: AYES: Mayor/Director Beamish, Mayor Pro Tem/Director Espinoza, Councilmember/Director Gomez, Councilmember/Director Medrano, Councilmember/Director Shaw NOES: None ABSENT: None ABSTAIN: None B. CITY COUNCIL: 1. Duly noticed public hearing to consider Zone Change 20-02 for an Ordinance modifying La Habra Municipal Code Title 18 (“Zoning”), Chapter 18.22 (“Commercial Cannabis Activity”) to reduce the number of permitted commercial cannabis distribution facilities, prohibit cannabis testing laboratories, and modifications to existing development standards. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) staff has determined that the Ordinance is exempt pursuant to Business and Professions Code Section 26055(h), “Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Public Resources Code Section 21000) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity the proposed modifications to Chapter 18.22. To qualify for this exemption, the discretionary review in any such law, ordinance, rule, or regulation shall include any applicable environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall become inoperative to July 1, 2021.” (Continued from June 1, 2020) Mayor Beamish requested that staff forego the verbal report since this item had already been presented to the City Council at its regular meeting of June 1, 2020, so no staff report was presented Mayor Beamish opened the public hearing at 7:38 p.m. There was no public testimony so the public hearing was closed. City Council discussion included: delay consideration of this item for five years; health and safety issues of laboratory testing; and distribution outside of City limits. Moved by Mayor Beamish, seconded by Mayor Pro Tem Espinoza, and FAILED (2-3) TO REDUCE THE CURRENT LIMITS OF NO MORE THAN FOUR PERMITTED COMMERCIAL CANNABIS DISTRIBUTION FACILITY LICENSES TO THREE AND REDUCE PERMITTED CANNABIS TESTING LABORATORY LICENSES FROM FOUR TO ONE, AND MAKING MODIFICATIONS TO EXISTING DEVELOPMENT STANDARDS. Said motion FAILED by the following roll call vote: AYES: Mayor Beamish, Mayor Pro Tem Espinoza NOES: Councilmember Gomez, Councilmember Medrano, Councilmember Shaw ABSENT: None ABSTAIN: None City Council Monday, June 15, 2020 Page 10 of 12 Moved by Councilmember Medrano, seconded by Councilmember Gomez, and FAILED (2-3) TO APPROVE FIRST READING OF ORDINANCE NO. XXXX ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, ORANGE COUNTY, CALIFORNIA, APPROVING ONE CHANGE 20-02 MODIFYING LA HABRA MUNICIPAL CODE TITLE 18 (“ZONING”), CHAPTER 18.22 (“COMMERCIAL CANNABIS ACTIVITY”) TO REDUCE THE NUMBER OF PERMITTED COMMERCIAL CANNABIS DISTRIBUTION FACILITIES FROM FOUR TO THREE, PROHIBIT CANNABIS TESTING LABORATORIES, AND MAKING MODIFICATIONS TO EXISTING DEVELOPMENT STANDARDS. Substitute motion moved by Councilmember Shaw, seconded by Mayor Beamish, and FAILED (2-3) TO INCREASE THE CURRENT CITY LIMITS FROM NO MORE THAN FOUR TO FIVE PERMITTED COMMERCIAL CANNABIS DISTRIBUTION FACILITY LICENSES AND INCREASE THE CURRENT NUMBER OF NO MORE THAN FOUR TO FIVE PERMITTED CANNABIS TESTING LABORATORY LICENSES. Said motion FAILED by the following roll call vote: AYES: Mayor Beamish, Mayor Pro Tem Espinoza NOES: Councilmember Gomez, Councilmember Medrano, Councilmember Shaw ABSENT: None ABSTAIN: None Moved by Councilmember Medrano, seconded by Councilmember Gomez, and FAILED (2-3) TO APPROVE FIRST READING OF ORDINANCE NO. XXXX ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, ORANGE COUNTY, CALIFORNIA, APPROVING ONE CHANGE 20-02 MODIFYING LA HABRA MUNICIPAL CODE TITLE 18 (“ZONING”), CHAPTER 18.22 (“COMMERCIAL CANNABIS ACTIVITY”) TO REDUCE THE NUMBER OF PERMITTED COMMERCIAL CANNABIS DISTRIBUTION FACILITIES FROM FOUR TO THREE, PROHIBIT CANNABIS TESTING LABORATORIES, AND MAKING MODIFICATIONS TO EXISTING DEVELOPMENT STANDARDS. Said motion FAILED by the following roll call vote: AYES: Councilmember Gomez, Councilmember Medrano, NOES: Mayor Beamish, Mayor Pro Tem Espinoza, Councilmember Shaw ABSENT: None ABSTAIN: None Moved by Councilmember Shaw, seconded by Mayor Beamish, and CARRIED UNANIMOUSLY (4-1) TO TABLE THIS ITEM TO A FUTURE CITY COUNCIL MEETING DATE UNCERTAIN. City Attorney Jones explained that if this motion passes that the item is taken off the agenda and the current law stands. City Council Monday, June 15, 2020 Page 11 of 12 Said motion CARRIED by the following roll call vote: AYES: Mayor Beamish, Mayor Pro Tem Espinoza, Councilmember Medrano, Councilmember Shaw NOES: Councilmember Gomez, ABSENT: None ABSTAIN: None VI. CONSIDERATION ITEMS: None at this time. VII. MAYOR'S COMMUNITY CALENDAR: Mayor/Director Beamish made the following announcements: • Coronavirus COVID-19 Informational Updates. • California “4 Stage Roadmap” for Stay-at-Home Order. California has moved to “Late Stage 2/Early Stage 3” as part of his roadmap to ease the “stay-at-home” order. • City Facilities Closures to the public during the COVID-19 “Shelter in Place” order. City operations would continue and staff was available by phone and email. • Reminder to complete the 2020 U.S. Census by mail, phone, or online. • La Habra Community Survey for residents to provide service priorities in preparation for the Fiscal Year 2020-2021 City of La Habra Budget. VIII. COMMENTS FROM STAFF: None IX. COMMENTS FROM COUNCILMEMBERS/DIRECTORS: Councilmember/Director Gomez thanked City staff, the Public Works, Community Services, and Community Development departments for their work as the City prepared to reopen following the Coronavirus COVID-19 pandemic stay-at-home orders. He wished Tony Gonzalez a happy 100th birthday. Councilmember/Director Shaw thanked City staff for their work with the Fiscal Year 2020-2021 budget. He indicated his previous budget reduction suggestions including: the sale of safe and sane fireworks, a decrease in the amount of fire stations, regionalizing police services, a cannabis warehouse distribution facility, opposition to spending, and annexing of the County of Orange islands. Mayor Pro Tem/Director Espinoza thanked the La Habra Police Department for their work with the recent peaceful protests. She spoke regarding the “Join the Conversation” Channel 3 telecast. She requested that tonight’s meeting be adjourned in memory of Annette Garza Jimenez. She extended condolences to the Jimenez family. Councilmember/Director Medrano thanked City staff for their hard work during the difficult times of COVID-19. He thanked the La Habra Police Department for their work with the recent peaceful protests. He thanked the Los Angeles County Fire Department for their hard work containing last week’s fire in Hacienda Heights. He spoke regarding fire dangers related to the use of fireworks. He requested that tonight’s meeting be adjourned in memory of Oscar Serna, Sr. City Council Monday, June 15, 2020 Page 12 of 12 Mayor/Director Beamish thanked City staff for their work with the Fiscal Year 2020-2021 budget. He indicated future budget savings may include a decrease to the Los Angeles County Fire Department contract, and suggested a future City Council study session be held to further discuss. He complimented the La Habra Police Department for their work with the recent peaceful protests. X. ADJOURNMENT: Mayor/Director Beamish adjourned the City Council Meeting in memory of Annette Garza Jimenez and Oscar Serna, Sr., at 8:07 p.m. All other meetings were adjourned at 8:07 p.m. Respectfully submitted, Laurie Swindell, CMC City Clerk/Secretary

Agenda

100 East La Habra Boulevard, La Habra, California, 90631 WHEN ADDRESSING CITY COUNCIL PLEASE COMPLETE A SPEAKER'S CARD BEFORE LEAVING THE COUNCIL CHAMBER AGENDA CITY COUNCIL OF THE CITY OF LA HABRA ADJOURNED REGULAR MEETING & REGULAR MEETING & REGULAR JOINT MEETING WITH THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF LA HABRA, LA HABRA CIVIC IMPROVEMENT AUTHORITY, CITY OF LA HABRA HOUSING AUTHORITY, AND LA HABRA UTILITY AUTHORITY MONDAY, JUNE 15, 2020 6:30 P.M. The Regular Meeting of the City Council for June 15, 2020, will be open to the public, but with the following parameters, to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus: 1. Participate by submitting an email to cc@lahabraca.gov or by calling (562) 383-4030 no later than 5:15 p.m. on Monday, June 15, 2020. 2. Participate by attending the meeting where there will be chairs set up for the public in the City Hall atrium, located at 110 East La Habra Boulevard, La Habra, California. There will be staff to escort those who would like to speak to the Council Chamber during the Public Comment, Public Hearing, or Consideration portions of the City Council meeting. Once you have spoken you will have the option to either go back to the City Hall atrium to view the remainder of the meeting or you may leave the meeting. Your patience with these changes is appreciated as the City adjusts to new ways of conducting business during the COVID-19 pandemic. CITY COUNCIL AGENDA PAGE 1 JUNE 15, 2020 ADJOURNED REGULAR MEETING 5:30 P.M.: Cancelled REGULAR MEETING & REGULAR JOINT MEETING 6:30 P.M.: CALL TO ORDER: Council Chamber INVOCATION: City Attorney/Legal Counsel Jones PLEDGE OF ALLEGIANCE: Mayor/Director Beamish ROLL CALL: Mayor/Director Beamish Mayor Pro Tem/Director Espinoza Councilmember/Director Gomez Councilmember/Director Medrano Councilmember/Director Shaw CLOSED SESSION ANNOUNCEMENT: I. PROCLAMATIONS/PRESENTATIONS: a. Proclaim July 2020 as Parks and Recreation month in the City of La Habra. b. Certificates of Appreciation to the Youth Committee. II. PUBLIC COMMENTS: This is the time for the public to address any item of interest to the public that is within the subject matter jurisdiction of the City NOT appearing on this Agenda. If the public addresses anything OUTSIDE the subject matter jurisdiction of the City NOT appearing on this Agenda, they are subject to immediate disconnection from Public Comments. Speakers must limit their comments to three (3) minutes each. The total time period for public comment is 30 minutes. (Note: Per Government Code Section 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda). III. CONSENT CALENDAR: All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Councilmember or member of the audience requests separate action or removal of an item. Removed items will be considered following the Consent Calendar portion of this agenda. Members of the audience will have the opportunity to address Council on removed items at that time. Speakers must limit their comments to three (3) minutes each. A. CITY COUNCIL, AGENCY & AUTHORITIES: 1. PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title only. 2. Approve City Council Minutes of May 28, 2020. CITY COUNCIL AGENDA PAGE 2 JUNE 15, 2020 3. Receive and file Planning Commission Minutes of: a. January 13, 2020 b. January 27, 2020 c. February 10, 2020 d. April 13, 2020 4. Approve denial of claim for Shannon Makowsky for Property Damage. 5. Approve denial of claim for Rogelio Aldana for Property Damage. 6. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1823 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING PLANNED UNIT DEVELOPMENT PRECISE PLAN 18-02 FOR AN ADDITION AT 1340 SOUTH BEACH BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS, AND SUBJECT TO CONDITIONS. 7. Approve and adopt a resolution amending the City’s Ticket Distribution Policy; and a. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, AMENDING RESOLUTION NO. 5774 BY ADOPTING CERTAIN REVISIONS TO ITS POLICY FOR THE DISTRIBUTION OF TICKETS AND/OR PASSES TO CONFORM TO SECTION 18944.1 OF TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS. 8. Receive and file Treasurer’s Investment Report for the Quarter ending March 31, 2020. 9. Approve and authorize City Manager to execute the Workforce Innovation and Opportunity Act (WIOA) Youth Program Services cost reimbursement agreement with the County of Orange in the amount of $2,600,000 for the City of La Habra to be approved as the sole provider of the County’s “Ready, Set, OC” Youth Employment Program for Fiscal Year 2020-2021. 10. Approve and authorize City Manager to enter into three-year agreements with True North Compliance Services, Inc. and Interwest Consultant Group, Inc. to provide professional building plan check, grading plan check, and building inspection services on an as-needed basis. 11. Approve and authorize City Manager to enter into a five-year agreement with John L. Hunter & Associates, Inc. of Buena Park, California, in the annual amount of $99,980, and not to exceed $499,900 over the five-year term of the agreement, to provide professional consultant services for the City of La Habra’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) program for Fiscal Year 2020-2021 through Fiscal Year 2024-2025; and authorize staff to issue a purchase order to John L. Hunter & Associates, Inc. for Fiscal Year 2020-2021 through Fiscal Year 2024-2025, in the amount of $99,980 for each year of the agreement. 12. Approve and adopt the Measure M2 Seven-Year Capital Improvement Program (CIP), for Fiscal Year 2020-2021 and an update of the Local Signal Synchronization Plan (LSSP); authorize staff to submit the required documents to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility requirements for Fiscal Year 2020-2021; and adopt a resolution concerning the Update of the Local Signal Synchronization Plan (LSSP) for the Measure M2 Program. CITY COUNCIL AGENDA PAGE 3 JUNE 15, 2020 a. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN (LSSP) FOR THE MEASURE M (M2) PROGRAM. 13. Approve to receive the report, adopt the attached resolution, and reaffirm the local emergency that was declared on March 16, 2020, related to COVID-19. a. APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REAFFIRMING RESOLUTION NO. 5934 WHICH RATIFIED THE DIRECTOR OF EMERGENCY SERVICES’ DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY. 14. Approve and authorize City Manager to submit an application for grant funds to the State of California Department of Housing and Community Development (HCD) for an amount of up to $300,000 for Local Early Action Planning (LEAP) Grant Program funds. a. APPROVE AND ADOPT RESOLUTION NO. ____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AUTHORIZING APPLICATION FOR AND RECEIPT OF LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS. 15. Approve and authorize City Manager to execute a professional service agreement (PSA) with the consulting firm of the Lew Edwards Group, not to exceed $28,750, to conduct a community satisfaction survey and continuing public outreach. 16. Approve and authorize the Chief of Police to execute a Memorandum of Agreement between the City of La Habra (City) and the Orange County Auto Theft TaskForce (OCATT) for the La Habra Police Department’s participation in the OCATT program during Fiscal Year 2020-2021. 17 Approve a resolution authorizing submittal of an application to the State Department of Housing and Community Development for Permanent Local Housing Allocation Funds; and authorize City Manager to execute the application and make any subsequent amendments or modifications related to the application. a. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AUTHORIZING PROJECTS UTILIZING PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS. 18. WARRANTS: Approve Nos. 00125926 through 00126076 totaling $619,441.56; and WIRE TRANSFER: Approve Wire Date 6/29/2020 for a total of $414,000.00. 19. Approve and adopt the appropriate resolutions, and authorize the City Manager to execute the CCTR-0159 and CSPP-0343 Contracts with the California Department of Education (CDE) Early Learning and Care Division for the 2020-2021 Fiscal School Year. a. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CERTIFYING THE APPROVAL AND AUTHORIZING THE EXECUTION OF LOCAL AGREEMENT NO. CCTR-0159, WITH THE CALIFORNIA DEPARTMENT OF EDUCATION. CITY COUNCIL AGENDA PAGE 4 JUNE 15, 2020 b. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CERTIFYING THE APPROVAL AND AUTHORIZING THE EXECUTION OF LOCAL AGREEMENT NO. CSPP-0343, WITH THE CALIFORNIA DEPARTMENT OF EDUCATION. 20. Approve and authorize City Manager to execute a Subrecipient Agreement with the County of Orange for Coronavirus Relief Funds related to eligible expenses incurred by the City. 21. Consider and approve a Memorandum of Understanding (MOU) between the City of La Habra and the La Habra Professional Employees’ Group for the period of July 1, 2020 through December 31, 2020; and a. APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA REPEALING AND REPLACING RESOLUTION NO. 5905 PERTAINING TO A COMPENSATION PLAN FOR THE LA HABRA PROFESSIONAL EMPLOYEES’ GROUP. B. SUCCESSOR AGENCY: 1. Approve Successor Agency Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 C. CIVIC IMPROVEMENT AUTHORITY: 1. Approve Civic Improvement Authority Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 D. HOUSING AUTHORITY: 1. Approve City of La Habra Housing Authority Minutes of May 18, 2020. E. UTILITY AUTHORITY: 1. Approve Utility Authority Minutes of: a. March 16, 2020 b. April 6, 2020 c. April 20, 2020 d. May 4, 2020 e. May 18, 2020 IV. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION: CITY COUNCIL AGENDA PAGE 5 JUNE 15, 2020 V. PUBLIC HEARINGS: NOTE: If a challenge is made by any party in court from actions arising out of a public hearing, 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 at the public hearing or prior thereto. A. CITY COUNCIL, AGENCY & AUTHORITIES: 1. Duly noticed joint public hearing to consider the adoption of the Fiscal Year 2020-2021 Municipal Budget and relating resolutions; and consider a resolution establishing the Appropriation Limit for Fiscal Year commencing July 1, 2020 and ending June 30, 2021, pursuant to Article XIIIB of the Constitution of the State of California. Recommendation: a. Adoption of 2020-2021 Allocation Plan (Municipal Budget): APPROVE AND ADOPT RESOLUTION NO. ________ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021, MAKING APPROPRIATIONS FOR THE CONDUCT OF CITY OF LA HABRA GOVERNMENT, ESTABLISHING POLICIES FOR THE ADMINISTRATION OF THE ADOPTED BUDGET, AND FOR OTHER BUDGET RELATED PURPOSES. b. Adoption of 2020-2021 Successor Agency to the La Habra Redevelopment Agency Budget: APPROVE AND ADOPT RESOLUTION NO. _________ ENTITLED: A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. c. Adoption of 2020-2021 City of La Habra Housing Authority Budget: APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED: A RESOLUTION OF THE CITY OF LA HABRA HOUSING AUTHORITY ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. d. Adoption of 2020-2021 La Habra Utility Authority Budget: APPROVE AND ADOPT RESOLUTION NO. ________ ENTITLED: A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. e. Adoption of 2020-2021 La Habra Civic Improvement Authority Budget: APPROVE AND ADOPT RESOLUTION NO. ________ ENTITLED: A RESOLUTION OF THE CIVIC IMPROVEMENT AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021. f. Establishment of an Appropriation Limit (Proceeds of Taxes): APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ESTABLISHING THE APPROPRIATION LIMIT IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30, 2021, AND AMENDING RESOLUTION NO. 5907. CITY COUNCIL AGENDA PAGE 6 JUNE 15, 2020 B. CITY COUNCIL: 1. Duly noticed public hearing to consider Zone Change 20-02 for an Ordinance modifying La Habra Municipal Code Title 18 (“Zoning”), Chapter 18.22 (“Commercial Cannabis Activity”) to reduce the number of permitted commercial cannabis distribution facilities, prohibit cannabis testing laboratories, and modifications to existing development standards. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) staff has determined that the Ordinance is exempt pursuant to Business and Professions Code Section 26055(h), “Without limiting any other statutory exemption or categorical exemption, Division 13 (commencing with Public Resources Code Section 21000) does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity the proposed modifications to Chapter 18.22. To qualify for this exemption, the discretionary review in any such law, ordinance, rule, or regulation shall include any applicable environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. This subdivision shall become inoperative to July 1, 2021.” (Continued from June 1, 2020) Recommendation: a. Consistent with prior City Council action, staff recommends that the City retain its current limits of no more than four permitted commercial cannabis distribution facility licenses and four permitted cannabis testing laboratory licenses, with the option of reducing testing laboratory licenses from four to two, and making modifications to existing development standards; and alternatively consider the following ordinance b. APPROVE FIRST READING OF ORDINANCE NO. _____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, ORANGE COUNTY, CALIFORNIA, APPROVING ZONE CHANGE 20-02 MODIFYING LA HABRA MUNICIPAL CODE TITLE 18 (“ZONING”), CHAPTER 18.22 (“COMMERCIAL CANNABIS ACTIVITY”) TO REDUCE THE NUMBER OF PERMITTED COMMERCIAL CANNABIS DISTRIBUTION FACILITIES, PROHIBIT CANNABIS TESTING LABORATORIES, AND MAKING MODIFICATIONS TO EXISTING DEVELOPMENT STANDARDS. VI. CONSIDERATION ITEMS: None at this time. VII. MAYOR’S COMMUNITY CALENDAR: VIII. COMMENTS FROM STAFF: IX. COMMENTS FROM COUNCILMEMBERS: X. ADJOURNMENT: CITY COUNCIL AGENDA PAGE 7 JUNE 15, 2020 Except as otherwise provided by law, no action shall be taken on any item not appearing in the foregoing agenda. A copy of the full agenda packet is available for public review at the Office of the City Clerk during regular business hours, and on the City’s webpage at http://www.lahabraca.gov/. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 110 East La Habra Boulevard, La Habra, during normal business hours. In accordance with the Federal Americans with Disabilities Act of 1990, should you require a disability-related modification or accommodation, including auxiliary aids or services to participate in the meeting due to a disability, please contact the City Clerk’s Office at (562) 383-4030. DECLARATION: This agenda was posted on the bulletin boards outside of the south entrance of City Hall and Council Chamber, where completely accessible to the public, at least 72 hours in advance of the City Council Meeting. ____________________________________ Laurie Swindell, CMC, City Clerk/Secretary CITY COUNCIL AGENDA PAGE 8 JUNE 15, 2020

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