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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, DECEMBER 6, 2021
 

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

 
             
The Regular Meeting of the City Council and the Regular Joint Meeting with the La Habra Utility Authority for December 6, 2021, will be conducted in person at the City of La Habra Council Chamber, located at 100 East La Habra Boulevard, La Habra, California, but with a limited number of the members of the public attending.  If there are larger numbers of the public attending there will be overflow seating in the City Hall Atrium, located at 110 East La Habra Boulevard, La Habra, California.  The wearing of masks is required for those entering this facility; including those who have been fully vaccinated, to curb the spread of COVID-19.

The public is also encouraged to participate in the Regular Meeting of the City Council and Regular Joint Meeting with the La Habra Utility Authority by submitting written comments via email to cc@lahabraca.gov no later than 5:00 p.m. on Monday, December 6, 2021, or by viewing the meeting live on Channel 3 and through the City of La Habra website and clicking on "Watch Live" at 6:30 p.m.
 

ADJOURNED REGULAR MEETING 5:30 P.M.:  Canceled

REGULAR MEETING & REGULAR JOINT MEETING 6:30 P.M.:
 
CALL TO ORDER:
 
Council Chamber
INVOCATION:
 
Assistant City Attorney/Legal Counsel Collins
PLEDGE OF ALLEGIANCE:
 
Mayor/Chair Espinoza
ROLL CALL: Mayor/Chair Espinoza
Mayor Pro Tem/Vice Chair Medrano
Councilmember/Director Gomez
Councilmember/Director Shaw
Councilmember/Director Simonian (excused absence)
 
CLOSED SESSION ANNOUNCEMENT:

PROCLAMATIONS/PRESENTATIONS:
 
1.  
ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT AWARD TO THE CITY OF LA HABRA FOR THE SUPPORTIVE CITY AWARD 2021 “TIP, TOSS, TAKE ACTION CAMPAIGN!”
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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.
 
CONSENT CALENDAR:
 
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:
 
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 OF THE CITY OF LA HABRA MEETING MINUTES Click to View
 
 
That the City Council approve the City of La Habra City Council Meeting Minutes of November 15, 2021.
 
3.  
APPROVE DENIAL OF LIABILITY CLAIMS OF NINA DO, DANIEL TRAN, ETHAN TRAN, KHANH TRAN, AND LISA TRAN
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That the City Council deny the claim of Nina Do, Daniel Tran, Ethan Tran, Khanh Tran, and Lisa Tran in order to set a definite six-month Statute of Limitations date.
 
4.  
APPROVE A THREE-YEAR MICROSOFT ENTERPRISE AGREEMENT FOR THE LICENSING RIGHTS AND SUPPORT OF MICROSOFT SOFTWARE PRODUCTS
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That the City Council approve and authorize the City Manager to enter into a three-year Microsoft Enterprise Agreement (EA) in the amount of $228,283.20 with SoftwareOne for Microsoft software office products.
 
5.  
APPROVE AN AGREEMENT WITH TROLLER MAYER ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL AND RELATED SERVICES FOR THE DESIGN OF A NEW PROPOSED CITY PARK AT THE FORMER WOMEN’S CLUBHOUSE SITE
Click to View
 
 

That the City Council:
A. Approve and authorize the City Manager to execute an agreement with Troller Mayer Associates, Inc., of Glendale, California, in the amount of $132,010 to provide landscape architectural and related services for the design of a new proposed City park at the former Women’s Clubhouse Site; and,

B. Approve and authorize staff to issue a purchase order to Troller Mayer Associates, Inc., of Glendale, California, in the amount of $138,610, which includes a five percent (5%) contingency.
 
6.  
APPROVE THE CALIFORNIA STATE PRESCHOOL (CSPP) PROGRAM AMENDMENT 03 FOR FISCAL SCHOOL YEAR 2020-2021
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That the City Council:
A. Approve and authorize the City Manager to execute Contract CSPP-0343, Amendment 03 with the California Department of Education Child Development Services for the 2020-2021 Fiscal School Year; and

B. APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, CERTIFYING THE APPROVAL AND AUTHORIZING THE EXECUTION OF LOCAL AGREEMENT NUMBER CSPP-0343, AMENDMENT 03 WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION.
 
7.  
APPROVE AN AGREEMENT WITH TOTAL SECURITY SOLUTIONS FOR THE POLICE DEPARTMENT INSTALLATION OF LEVEL THREE BULLET RESISTANT WINDOWS, DOORS, AND LOBBY SECURITY IMPROVEMENTS, CITY PROJECT NO. 2-B-21
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That the City Council:
A.  Approve and authorize the City Manager to execute an agreement with Total Security Solutions, Placentia, California, in the amount of $237,267.00, for the Police Department installation of level three bullet resistant windows, and authorize staff issue a purchase order in the amount of $260,993.70, which includes up to a 10% Project contingency; and

B.  Appropriate $130,496.85 from General Fund Facility Improvement reserves and $130,496.85 from the Asset Seizure Fund to cover the cost of this project.
 
8.  
APPROVE THE PURCHASE OF A PROPERTY AT 106 EAST FIRST AVENUE, ASSESSOR'S PARCEL NUMBER 022-174-17, FOR $999,900 AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS
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That the City Council approve a Purchase and Sales Agreement between the City of La Habra and Mark E. Bryant and Tracy Shannon Bryant for the purchase of 106 East First Avenue, Assessor's Parcel Number 022-174-17 for $999,900 and authorize the City Manager to execute all related documents.
 
9.  
WARRANTS:  APPROVE NOS. 00132216 THROUGH 00132466 TOTALING $2,568,847.08; AND APPROVE WIRE TRANSFER, DATED NOVEMBER 23, 2021, TOTALING $517,910.16
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Approve Nos. 00132216 through 00132466 totaling $2,568,847.08; and approve Wire Transfer dated November 23, 2021, totaling $517,910.16.
 
UTILITY AUTHORITY:
 
1.   APPROVE LA HABRA UTILITY AUTHORITY MEETING MINUTES Click to View
 
 
That the Utility Authority approve the La Habra Utility Authority Meeting Minutes of:
  • October 18, 2021
  • November 1, 2021
  • November 15, 2021
 
2.  
APPROVE AN AGREEMENT WITH HAZEN AND SAWYER TO CONDUCT A WATER QUALITY PILOT STUDY AT THE CITY'S IDAHO WATER WELL
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That the Utility Authority:
A.  Approve to waive formal bid requirements per La Habra Municipal Code, Section 4.20.080 (B), when a service firm has established such a successful past history of work with the City that it is clearly in the public interest not to negotiate with any other source; and,

B.  Approve and authorize the Executive Director to execute an agreement with Hazen and Sawyer in an amount not to exceed $36,564.26 to conduct a water quality treatment pilot study at the City's Idaho water well location.
 
3.  
APPROVE THE ISSUANCE OF A PURCHASE ORDER TO CORE & MAIN TO FURNISH VARIOUS SIZES OF WATER METERS AND REGISTERS IN VARIOUS SIZES FOR THE WATER METER REPLACEMENT PROGRAM
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That the Utility Authority:
A. Approve and authorize the Executive Director to issue a purchase order to Core & Main in an amount not to exceed $431,790.23 for the purchase of water meters and registers in various sizes for the Authority's annual Water Meter Replacement Program; and,

B.  Approve the appropriation of $431,790.23 from the Water Enterprise Fund Balance for the purchase of approximately 1,500 water meters and registers.
 
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:
 
1.  
DULY NOTICED PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE OF THE CITY OF LA HABRA, CALIFORNIA, REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 8.04 OF THE LA HABRA MUNICIPAL CODE RELATING TO SOLID WASTE RECYCLABLE MATERIALS AND ORGANIC WASTE RECYCLING REQUIREMENTS
Click to View
 
 

That the City Council:
APPROVE THE FIRST READING OF ORDINANCE NO. _____ ENTITLED:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 8.04 “GARBAGE AND RUBBISH COLLECTION AND DISPOSAL” OF TITLE 8 “HEALTH AND SAFETY” AND REPLACING IT WITH CHAPTER 8.04 “SOLID WASTE COLLECTION AND DISPOSAL” RELATING TO SOLID WASTE RECYCLABLE MATERIALS AND ORGANIC WASTE RECYCLING REQUIREMENTS, PER SENATE BILL 1383.
 
CITY COUNCIL & UTILITY AUTHORITY:
 
1.  
DULY NOTICED PUBLIC HEARING ON ADOPTION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF FEES PERTAINING TO WATER AND SEWER USAGE, CONNECTIONS, AND FEES
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That the City Council and Utility Authority:
A. Conduct a public hearing on a resolution amending the Master Schedule of Fees pertaining to water and sewer usage, connections, and fees; and,

B. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AND THE LA HABRA UTILITY AUTHORITY AMENDING THE MASTER SCHEDULE OF FEES PERTAINING TO WATER AND SEWER USAGE, CONNECTIONS, AND FEES.
 
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:
 
1.  
CONSIDER A PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF LA HABRA AND BLUE B12, LLC, TRUSTEE OF MONEY MAKER TITLE HOLDING TRUST FOR THE PROPERTY LOCATED AT 205-211 SOUTH EUCLID STREET (ASSESSOR'S PARCEL NUMBERS 298-067-10 AND 298-067-11 FOR $1,355,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS
Click to View
 
 

That the City Council:
A.  Approve a Purchase and Sales Agreement between the City of La Habra and Blue B12, LLC, Trustee of Money Maker Title Holding Trust, for the purchase of property located at 205-211 S. Euclid Street (Assessor's Parcel Number 298-067-10 and 298-067-11 in the amount of $1,355,000;

B.  Approve and authorize the City Manager to execute the Purchase and Sales Agreement and all related documents;

C.  Approve a Standard Industrial/Commercial Single-Tenant Lease (Lease) for a lease back to the Seller from December 21, 2021, to December 31, 2021, in the amount of $1,637.50 and authorize the City Manager to execute the Lease;

D.  Approve the appropriation of $1,370,000 from the General Fund property acquisition reserve to fund the purchase of 205-211 South Euclid Street, including related escrow and closing cost fees; and,

E.  APPROVE AND ADOPT RESOLUTION NO._____ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, APPROVING THE PURCHASE OF 205-211 SOUTH EUCLID STREET FROM BLUE B12, LLC, TRUSTEE OF MONEY MAKER TITLE HOLDING TRUST.

The project was reviewed pursuant to California Environmental Quality Act (CEQA) and determined to be Categorically Exempted pursuant to Section 1506 (b)(3) "Review of Exemption of the California Environmental Quality Act Guidelines," because the purchase of the property will have no significant effect on the environment.
 
2.  
CONSIDER A NOTICE OF PUBLIC PROTEST HEARING REGARDING PROPOSED REFUSE RATE ADJUSTMENTS RELATING TO SB 1383 REQUIREMENTS AND MULTI-FAMILY AND COMMERCIAL BULKY ITEM PROGRAM AND SCHEDULE A PUBLIC HEARING ON MONDAY, FEBRUARY 7, 2022, FOR PROPOSED RATE ADJUSTMENTS FOR THE CITY'S REFUSE FUND
Click to View
 
 

That the City Council:
A. Schedule a public hearing on proposed rate adjustments for commercial and multi-family refuse rates charged by CR&R to be held on Monday, February 7, 2022; and,

B. Direct staff to prepare and mail notices to all La Habra commercial and multi-family property owners regarding the scheduling of a public hearing on Monday, February 7, 2022, to consider the proposed rate adjustments for the City's Refuse Fund.
 
MAYOR'S COMMUNITY CALENDAR: Click to View
 
COMMENTS FROM STAFF:
 
COMMENTS FROM COUNCILMEMBERS/DIRECTORS:
 
ADJOURNMENT: Adjourned to Monday, December 20, 2021, 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.
___________________________________
Laurie Swindell, CMC, City Clerk/Secretary
 
 

    

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