Agenda for City Council

CITY COUNCIL OF THE CITY OF LA HABRA

ADJOURNED REGULAR MEETING 5:30 P.M

REGULAR MEETING 6:30 P.M.
&
REGULAR JOINT MEETING WITH THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF LA HABRA,
LA HABRA CIVIC IMPROVEMENT AUTHORITY,
CITY OF LA HABRA HOUSING AUTHORITY,
AND LA HABRA UTILITY AUTHORITY

MONDAY, JUNE 17, 2024

COUNCIL CHAMBER
100 EAST LA HABRA BOULEVARD
LA HABRA, CALIFORNIA 90631

The Regular Meeting of the City Council and Regular Joint Meeting with the Successor Agency to the Redevelopment Agency of the city of La Habra, La Habra Civic Improvement Authority, City of La Habra Housing Authority, and La Habra Utility Authority for June 17, 2024, will be at the City of La Habra Council Chamber located at 100 East La Habra Boulevard, La Habra, California. The City Council Chamber will be open to the public at 6:00 p.m. and the meeting will start promptly at 6:30 p.m.

The public is encouraged to participate in the Regular Meeting of the City Council and Regular Joint Meeting with the Successor Agency to the Redevelopment Agency of the city of La Habra, La Habra Civic Improvement Authority, City of La Habra Housing Authority, and La Habra Utility Authorityby attending in person or submitting written comments via email to cc@lahabraca.gov no later than 5:00 p.m. on Monday, June 17, 2024. Written comments sent to the City by 5:00 p.m. on the day of the meeting will be printed and provided to the City Council prior to the meeting. The meeting can also be viewed live through the City of La Habra website at www.lahabraca.gov/356/Archived-Council-Videos by clicking on "Watch Live" at 6:30 p.m.

The City of La Habra live broadcasts and replays City Council Meetings on La Habra Cable Channel 3 and over the website at www.lahabraca.gov. Please note that in person attendance at this public meeting may result in the recording and broadcast of your image and/or voice.

The City of La Habra makes every effort to comply with the Americans with Disabilities Act (ADA) in all respects. Should you need special assistance to participate in this meeting, please contact the City Clerk's Office at (562) 383-4030 or cc@lahabraca.gov prior to the meeting. Every effort will be made to provide reasonable accommodations.

ADJOURNED REGULAR & JOINT MEETINGS 5:30 P.M.:

CALL TO ORDER: Council Chamber, Closed Session Room 112C

ORAL COMMUNICATIONS FROM THE PUBLIC FOR CLOSED SESSION MATTERS:

CLOSED SESSION:

SUCCESSOR AGENCY:

1. Conference with Legal Counsel - Pending Litigation Government Code Section 54956.9(d)2) – Successor Agency has been Named in a Lawsuit Filed but not yet Served .

ADJOURNMENT:

REGULAR MEETING 6:30 P.M.:

CALL TO ORDER:	Council Chamber
INVOCATION:	City Attorney/Legal Counsel Jones
PLEDGE OF ALLEGIANCE:	Mayor/Director Nigsarian
ROLL CALL:	Mayor/Director Nigsarian Mayor Pro Tem/Director Espinoza Councilmember/Director Gomez Councilmember/Director Medrano Councilmember/Director Surich

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CLOSED SESSION ANNOUNCEMENT:

PROCLAMATIONS/PRESENTATIONS:

RECOGNITIONS FROM ORANGE COUNTY FOURTH DISTRICT SUPERVISOR DOUG CHAFFEE OF THE LA HABRA POLICE DEPARTMENT

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RECOGNITION OF 2023-2024 YOUTH COMMITTEE MEMBERS

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PROCLAIM "JULY IS PARK AND RECREATION MONTH" IN THE CITY OF LA HABRA

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PUBLIC COMMENTS: When addressing the La Habra City Council, please complete a Speaker's Card before leaving the Council Chamber.

General Public Comments shall be received at the beginning of the governing body meeting and limited to three (3) minutes per individual, with a total time limit of 30 minutes for all public comments, unless otherwise modified by the Mayor or Chair. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.

The general Public Comment portion of the meeting allows the public to address any item of City business not appearing on the scheduled agenda. Per Government Code Section 54954.3(a), such comments shall not be responded to by the governing body during the meeting.

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CONSENT CALENDAR:

Senate Bill 1439 ("SB 1439") amended Government Code Section 84308 to expand the regulation of campaign contributions in excess of $250 from donors involved in certain matters before the legislative body. If the donor has a matter pending before the agency, and the official received a campaign contribution from the donor in excess of $250 in the prior 12 months, the official must publicly disclose the contribution and cannot in any way participate in the decision of the matter. The donor also has a duty to disclose the contribution on the record.

In the 12 months following the decision, a local official cannot receive campaign contributions in excess of $250 from a donor with an economic interest in the governmental decision. Public officials are encouraged to closely track all campaign contributions which collectively exceed $250 in any 12-month period from any single source.

All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Councilmember, City staff member, 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. Public comment shall be limited to three (3) minutes per individual, with a total time limit of 30 minutes per item that has been removed for separate discussion, unless otherwise modified by the Mayor. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.

CITY COUNCIL:

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PROCEDURAL WAIVER: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title only.

APPROVE DENIAL OF LIABILITY CLAIM OF MS. NAYELI ARRIAGA

That the City Council deny the claim of Ms. Nayeli Arriaga in order to set a definite six-month Statute of Limitations date.

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APPROVE DENIAL OF LIABILITY CLAIM OF FASHION HEIGHTS

That the City Council deny the claim of Fashion Heights in order to set a definite six-month Statute of Limitations date.

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APPROVE DENIAL OF LIABILITY CLAIM OF MR. GUSTAVO BAHENA

That the City Council deny the claim of Mr. Gustavo Bahena in order to set a definite six-month Statute of Limitations date.

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APPROVE RESOLUTIONS ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE PROFESSIONAL EMPLOYEES' GROUP, AND APPROVE A RESOLUTION AMENDING RESOLUTION 6115 PERTAINING TO COMPENSATION FOR MANAGEMENT AND EXECUTIVE EMPLOYEES

That the City Council:

A. Consider and approve a Resolution adopting the Memorandum of Understanding between the City of La Habra and the Professional Employees' Group;

B. Approve a Resolution amending Resolution No. 6115, pertaining to the compensation plan for Management and Executive employees; and,

C. Approve an appropriation of funds from the FY2023-2024 adopted budget cost of one-time lump sum pay adjustments.

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APPROVE INITIATION OF AMENDMENTS TO THE LA HABRA MUNICIPAL CODE RELATED TO CONDITIONAL USE PERMITS FOR NON-RESIDENTIAL USES IN THE CITY'S COMMERCIAL AND INDUSTRIAL ZONES

That the City Council direct staff to initiate amendments to the La Habra Municipal Code related to conditional use permits for non-residential uses in the City's commercial and industrial zones.

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RECEIVE AND FILE PLANNING COMMISSION OF THE CITY OF LA HABRA MEETING MINUTES

That the City Council receive and file the Planning Commission of the City of La Habra meeting minutes of:

February 12, 2024
March 11, 2024
March 25, 2024
April 8, 2024
April 22, 2024
May 13, 2024

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APPROVE MILITARY EQUIPMENT POLICY ANNUAL REPORT AND RENEWAL

That the City Council:
A. APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, RENEWING ORDINANCE NO. 1841 AND DETERMINING THAT MILITARY EQUIPMENT USE BY THE LA HABRA POLICE DEPARTMENT COMPLIES WITH STATE LAW;

B. Renew Ordinance No. 1841 that approved the La Habra Police Department's military equipment use policy; and,

C. Make a finding that the City's military equipment use complies with State law after considering the annual report on the use of military equipment by the Police Department.

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APPROVE AWARD OF CONTRACT TO GENTRY BROTHERS, INC., FOR CONSTRUCTION OF THE MONTE VISTA STREET REHABILITATION PROJECT, FISCAL YEAR 2022-2023, CITY PROJECT NO. 2-R-22

That the City Council:
A. Approve the Project Plans and Specifications for the Monte Vista Street Rehabilitation Project, Fiscal Year 2022-2023, City Project No. 2-R-22;

B. Award a construction contract to Gentry Brothers, Inc., of Irwindale, California, in the amount of $858,940 for the Monte Vista Street Rehabilitation Project, Fiscal Year 2022-2023, City Project No. 2-R-22, and reject all other bids; and,

C. Authorize the City Manager to execute an Agreement with Gentry Brothers, Inc., and authorize staff to issue a purchase order to Gentry Brothers, Inc., in the amount of $1,030,728, which includes a 20 percent contingency.

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10.

APPROVE AND ADOPT A RESOLUTION LISTING CAPITAL PROJECTS FOR FISCAL YEAR 2024-2025 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

That the City Council:
A. Adopt a list of Capital Projects for Fiscal Year 2024-2025 to be funded by SB 1: The Road Repair and Accountability Act of 2017; and,

B. APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

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11.

APPROVE NOTICE OF COMPLETION FOR ALLEYS NO. 1 AND NO. 83, CITY PROJECT NO. 3-R-21 AND APPROVE CHANGE ORDER NO.1 WITH F.S. CONTRACTORS, INC.

That the City Council:
A. Approve the Notice of Completion for the Alley Improvements Project, Alleys No. 1 and No. 83, City Project No. 3-R-21, and authorize staff to send the Notice of Completion for recordation;

B. Approve and authorize staff to execute Change Order No. 1 in the amount of $51,766.29 with F.S. Contractors, Inc., for extra work performed to Alleys No. 1 and No. 83, City Project No. 3-R-21; and,

C. Authorize the City Manager to increase the City's Purchase Order with F.S. Contractors, Inc., by $35,835.29, from available Gas Tax funds to cover the extra work performed by F.S. Contractors, Inc.

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12.

APPROVE NOTICE OF COMPLETION FOR THE PLAYGROUND RENOVATIONS AT THE CITY'S CHILD DEVELOPMENT CENTER (CDC) AND THE CLAIRE BROWN CENTER (CBC), CITY PROJECT NO. CSJN-24-01

That the City Council approve the Notice of Completion for the Child Development Playground Renovations project at the City-owned and operated Child Development Center (CDC) located at 401 South Euclid Street and the Claire Brown Center (CBC) located at 305 South Euclid Street, City Project No. CSJN-24-01, and authorize staff to submit the Notice of Completion for recordation.

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13.

WARRANTS: APPROVE NOS. 00144343 THROUGH 00144491 TOTALING $1,686,750.29

That the City Council approve Nos.00144343 through 00144491 totaling $1,686,750.29.

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CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION:

PUBLIC HEARINGS:

Public comments shall be limited to five (5) minutes per individual, with a total time limit of 60 minutes for all public comments, for each individual Public Hearing item on the agenda, unless otherwise modified by the Mayor or Chair. Comments must be kept brief, non-repetitive, and professional in nature.

CITY COUNCIL, AGENCY & AUTHORITIES:

DULY NOTICED PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2024-2025 LA HABRA MUNICIPAL BUDGET FOR ADOPTION, AND TO ESTABLISH THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025

That the Council:

A. Approve and adopt the proposed City of La Habra Fiscal Year 2024-25 Municipal Budget;

B. APPROVE, AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025, 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;

C. APPROVE AND ADOPT RESOLUTION NO. SA 2024-__ 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, 2024, AND ENDING JUNE 30, 2025;

D. APPROVE AND ADOPT RESOLUTION NO. HA 2024-__ ENTITLED: A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025;

E. APPROVE AND ADOPT RESOLUTION NO. UA 2024-__ ENTITLED: A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF LA HABRA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025;

F. APPROVE AND ADOPT RESOLUTION NO. CIA 2024-__ 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, 2024, AND ENDING JUNE 30, 2025; and,

G. APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA ESTABLISHING THE APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA FOR THE FISCAL YEAR COMMENCING JULY 1, 2024, AND ENDING JUNE 30, 2025, AND AMENDING RESOLUTION NO. 6117.

H. APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AMENDING RESOLUTION NO. 6113 PERTAINING TO A COMPENSATION PLAN FOR THE LA HABRA MUNICIPAL EMPLOYEES ASSOCIATION (FIELD/MAINTENANCE SERVICES EMPLOYEES GROUP); AND,

I. DIRECT STAFF TO PROVIDE A REPORT TO CITY COUNCIL WITHIN 60 DAYS IDENTIFYING ADDITIONAL GENERAL FUND COST OFFSETS, REVENUE OPPORTUNITIES, AND FUTURE BUDGET BALANCING MEASURES FOR COUNCIL CONSIDERATION.

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CONSIDERATION ITEMS:

Any member of the audience may request to address the La Habra City Council on any Consideration Item, prior to the La Habra City Council taking a final vote on the item. Public comment shall be limited to three (3) minutes per individual, with a total time limit of 30 minutes per Consideration Item, unless otherwise modified by the Mayor or Chair. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.

CITY COUNCIL:

CONSIDER LA HABRA SKATE PARK POLICY UPDATES

That the City Council receive and file this report and direct staff to initiate a process to make amendments to La Habra Municipal Code Section 12.29.020 regarding certain rules and regulations at the La Habra Skate Park.

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MAYOR'S COMMUNITY CALENDAR:

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COMMENTS FROM STAFF:

COMMENTS FROM COUNCILMEMBERS/DIRECTORS:

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ADJOURNMENT: Adjourned to Monday, July 1, 2024, at 5:30 p.m. in the City Council Closed Session Room 112C, 100 East La Habra Boulevard, followed by the Regular Meeting at 6:30 p.m. in the City Council Chamber.

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 City Council/Authority/Agency 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 least ninety-six (96) hours in advance of the meeting at (562) 383-4030.
DECLARATION: This agenda was posted on the bulletin boards outside the south entrance of City Hall and the Council Chamber, where completely accessible to the public, at least 72 hours in advance of the City Council Meeting.

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Rhonda J. Barone, CMC
City Clerk/Secretary