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
LA HABRA UTILITY AUTHORITY

MONDAY, AUGUST 5, 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 La Habra Utility Authority for August 5, 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 La Habra Utility Authority by attending in person or submitting written comments via email to cc@lahabraca.gov no later than 5:00 p.m. on Monday, August 5, 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 MEETING 5:30 P.M.:

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

ORAL COMMUNICATIONS FROM THE PUBLIC FOR CLOSED SESSION MATTERS:

CLOSED SESSION:

1. Conference with Legal Counsel Pending Litigation Pursuant to Government Code Section 54956.9(d)(1); Lennar Homes of California, Inc., et al. v. City of La Habra; Orange County Superior Court, Case No. 30-2021-01179515-CU-WM-WJC.

Lennar Homes of California, Inc., et al. v. City of La Habra; Orange County Superior Court, Case No. 30-2021-01221710-CU-BC-WJC.

Californians for Homeownership v. City of La Habra; Orange County Superior Court, Case No. 30-2023-01325471-CU-WM-NJC.

ADJOURNMENT:

REGULAR MEETING & REGULAR JOINT MEETING 6:30 P.M.:

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

Play video

CLOSED SESSION ANNOUNCEMENT:

PROCLAMATIONS/PRESENTATIONS: None at this time.

Play video

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.

Play video

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:

Play video

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

APPROVE CITY COUNCIL OF THE CITY OF LA HABRA MEETING MINUTES

That the City Council approve the City Council of the City of La Habra Regular Meeting Minutes of July 15, 2024.

View Agenda Item

APPROVE THE SECOND READING AND ADOPTION OF ORDINANCE NO. CC 2024-01 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, AMENDING CHAPTER 12.29 SKATE PARKS OF TITLE 12 STREETS, SIDEWALKS, AND PUBLIC PLACES OF THE LA HABRA MUNICIPAL CODE, REVISING PROVISIONS RELATING TO SKATE PARK DEFINITIONS, PERMISSIONS, AND REGULATIONS

That the City Council approve the second reading and adoption of Ordinance No. CC 2024-01.

View Agenda Item

APPROVE THE SECOND READING AND ADOPTION OF ORDINANCE NO. CC 2024-02 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, AMENDING CHAPTER 4.20 PURCHASING SYSTEM OF TITLE 4 REVENUE AND FINANCE OF THE LA HABRA MUNICIPAL CODE, REVISING PROCEDURES AND REQUIREMENTS FOR BIDDING OF PUBLIC WORKS PROJECTS AND MAINTENANCE WORK UNDER THE CALIFORNIA PUBLIC CONTRACT CODE (SECTION 22000, ET SEQ.) INCLUDING THE ALTERNATE PROVISIONS OF THE UNIFORM CONSTRUCTION COST ACCOUNTING ACT

That the City Council approve the second reading and adoption of Ordinance No. CC 2024-02.

View Agenda Item

APPROVE DENIAL OF LIABILITY CLAIM OF MR. SALVADOR BORJA LUNA

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

View Agenda Item

APPROVE NOTICE OF COMPLETION FOR ROOF REPLACEMENT AT PARK LA HABRA MOBILE HOME, 1731 WEST LAMBERT ROAD, LA HABRA CA 90631, CITY PROJECT NO. 3-B-23

That the City Council approve the Notice of Completion for the Roof Replacement at Park La Habra Mobile Home, 1731 West Lambert Road, La Habra, CA 90631, City Project No. 3-B-23, and authorize staff to file the Notice of Completion for recordation.

View Agenda Item

APPROVE THE AWARD OF A CONTRACT TO Z&K CONSULTANTS, INC., FOR PROJECT MANAGEMENT CONSULTANT SERVICES FOR THE COYOTE CREEK AND IMPERIAL CHANNEL REPAIR PROJECT

That the City Council:
A. Approve and authorize the City Manager to execute a contract with Z&K Consultants, Inc., for Project Management Consultant Services for the Coyote Creek and Imperial Channel Repair Project; and,

B. Authorize staff to issue a purchase order to Z&K Consultants, Inc. for Project Management Consultant Services for the Coyote Creek and Imperial Channel Repair Project, in an amount not to exceed $144,000.

View Agenda Item

APPROVE FUNDING FOR THE NORTH SERVICE PLANNING AREA (SPA) NAVIGATION CENTERS IN BUENA PARK AND PLACENTIA BASED ON THE NORTH SPA MEMORANDUM OF UNDERSTANDING FORMULA

That the City Council approve continued funding for the North Service Planning Area (SPA) for the Navigation Centers located in the cities of Buena Park and Placentia and authorize the City Manager to execute any documents related to the funding for the North SPA Navigation Centers.

View Agenda Item

APPROVE A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, DBA AT&T, TO OPERATE A WIRELESS COMMUNICATION FACILITY WITHIN MONTWOOD PARK LOCATED AT 231 EAST MONTWOOD AVENUE

That the City Council approve and authorize the City Manager to execute a lease agreement with New Cingular Wireless PCS, dba AT&T, for the placement of a wireless communications facility within Montwood Park located at 231 East Montwood Avenue.

View Agenda Item

10.

APPROVE A RESOLUTION AND THE ISSUANCE OF A LIVE ENTERTAINMENT PERMIT FOR THE LA HABRA 300 BOWL AT 370 EAST WHITTIER BOULEVARD FOR A ONE-YEAR PERIOD

That the City Council:

A. Consider and approve the Live Entertainment Permit for the La Habra 300 Bowl at 370 East Whittier Boulevard for a one-year period, subject to conditions; and,

B. APPROVE AND ADOPT RESOLUTION NO. CC 2024-__ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, APPROVING THE LIVE ENTERTAINMENT PERMIT FOR 370 EAST WHITTIER BOULEVARD FOR A ONE-YEAR PERIOD, SUBJECT TO CONDITIONS.

View Agenda Item

11.

WARRANTS: APPROVE NOS. 00144819 THROUGH 00145030 TOTALING $4,398,610.81; AND TYLER WARRANTS NOS. 35 THROUGH 164 TOTALING $1,884,491.96; AND APPROVE WIRE TRANSFERS DATED 7/29/24, TOTALING 3,910,798.82

That the City Council approve Nos. 00144819 through 00145030 totaling $4,398,610.81; and approve Tyler warrants Nos. 35 through 164 totaling $1,884,491.96; and approve Wire Transfer dated 7/29/24, totaling $3,910,798.82.

View Agenda Item

CITY COUNCIL & UTILITY AUTHORITY:

APPROVE NOTICE OF COMPLETION FOR THE HELI-HYDRANT PROJECT, CITY PROJECT NO. 1-W-23

That the City Council and Utility Authority approve the Notice of Completion for the Heli-Hydrant Project, City Project No. 1-W-23, and authorize staff to send the Notice of Completion for recordation.

View Agenda Item

UTILITY AUTHORITY:

APPROVE CITY OF LA HABRA UTILITY AUTHORITY MEETING MINUTES

That the City of La Habra Utility Authority approve the Utility Authority Meeting Minutes of July 15, 2024.

View Agenda Item

CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION:

PUBLIC HEARINGS: None at this time.

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:

CITY COUNCIL CONSIDERATION AND APPROVAL OF ADDITIONAL BUDGET BALANCING MEASURES

That the City Council:
A. Direct staff to continue evaluating potential operational efficiencies, alternate service models, and insourcing or outsourcing opportunities in City departments.

B. Approve a targeted hiring freeze for certain full-time positions across all City Departments, including sworn Police Officer positions, not to exceed ten percent of the current authorized sworn staffing in the Police Department.

C. Direct staff to initiate a comprehensive fee study and develop an updated cost allocation plan so that City fees for services recover 100 percent of the City's cost to provide those services.

D. Approve the placement of a local ballot measure for the November 2024 election that would reauthorize the City's current Transaction and Use (sales) tax at an updated rate of one (1) cent for voter consideration.

1. Approve and adopt RESOLUTION NO. CC 2024-__ ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, SUBMITTING THE LA HABRA EMERGENCY SERVICES/NEIGHBORHOOD SAFETY/COMMUNITY PROTECTION MEASURE TO THE VOTERS AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION, REITERATING THE CITY'S REQUEST THAT THE ELECTION BE CONSOLIDATED WITH OTHER ELECTIONS HELD ON THAT DATE AND TAKING CERTAIN RELATED ACTIONS"; and,

2. Introduce ORDINANCE NO. CC-2024-__ ENTITLED: "AN ORDINANCE OF THE CITY OF LA HABRA AMENDING CHAPTER 4.10 OF THE MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION".

View Agenda Item Play video

MAYOR'S COMMUNITY CALENDAR:

View Agenda Item Play video

COMMENTS FROM STAFF:

COMMENTS FROM COUNCILMEMBERS/DIRECTORS:

Play video

ADJOURNMENT: Adjourned to Monday, August 19, 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.

________________________________
Rhonda J. Barone, CMC
City Clerk/Secretary