Successor Agency
Regular MeetingLa Habra, CA · June 15, 2020
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:
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Monday, June 15, 2020
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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
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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
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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
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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.
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Monday, June 15, 2020
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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
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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.
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Monday, June 15, 2020
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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
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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
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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
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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
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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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