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[ ADJOURNMENT: REGULAR MEETING 6:30 P.M.: CALL TO ORDER: Council Chamber INVOCATION: City Attorney Jones PLEDGE OF ALLEGIANCE: Councilmember Simonian ROLL CALL: Mayor Medrano Mayor Pro Tem Gomez Councilmember Espinoza Councilmember Nigsarian Councilmember Simonian]

[00:00:06]

I WILL NOW CALL HER TO THE REGULAR MEETING OF THE CITY COUNCIL OF AUGUST 1ST, 2022.

WE'LL LET THE RECORD REFLECT THAT IT IS 6:30 PM.

THE INVOCATION WILL BE GIVEN BY CITY ATTORNEY JONES FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER.

STEVE SIMONIAN.

I ASKED YOU TO PLEASE STAND ABOUT YOUR HEADS, THEIR HEAVENLY FATHER.

WE COME BEFORE YOU THIS EVENING, AS WE BEGIN THIS CITY COUNCIL MEETING FOR THE CITY OF LA, THE CITY OF THE HARBOR, WE'RE GRATEFUL FOR THE MANY BLESSINGS WE RECEIVED, ESPECIALLY THE WONDERFUL OPPORTUNITIES PROVIDED FOR US WITHIN THE CITY OF LAHABRA.

WE'RE GRATEFUL FOR THOSE WHO SERVE OUR COMMUNITY AND THOSE WHO LIVE HERE AND CONTRIBUTE SO MUCH TO THE WONDERFUL COMMUNITY.

WE ALL LIVE IN.

WE'RE GRATEFUL FOR OUR CITY COUNCIL AND THE WISDOM THEY SHOW HIM GUIDING AND DIRECTING THIS COMMUNITY.

YES, YOU, THE BLESSED HIM WITH WISDOM AND INSIGHT THIS EVENING.

WE SAY THESE THINGS BY NAME, AMEN.

HE'S FOLLOWING ME AND PLEDGING ALLEGIANCE TO OUR FLAG.

I PLEDGE ALLEGIANCE TO THE UNITED STATES OF AMERICA AND ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

WELL, THE ASSISTANT CITY CLERK, PLEASE CALL ROLL.

YES.

COUNCIL MEMBER SIMONIAN, COUNCIL MEMBER COUNCIL MEMBER ESPINOSA, MAYOR PRO TEM GOMEZ, MAYOR MEDRANO.

HERE, ARE THERE ANY CLOSED SESSION ANNOUNCEMENTS?

[ CLOSED SESSION ANNOUNCEMENT: PROCLAMATIONS/PRESENTATIONS: None at this time.]

THERE IS ONE ANNOUNCEMENT, YOUR HONOR, WITH RESPECT TO THE CASE, DEPENDING WHICH IS THE NATIONAL PRESCRIPTION OPIATE LITIGATION DC NORTHERN DISTRICT OF OHIO, MDL NUMBER 2 8 0 4.

UH, THERE'S BEEN A PARTIAL SETTLEMENT AND DIRECTION GIVEN BY THE CITY COUNCIL FROM CLOSED SESSION.

UH, BY WAY OF BACKGROUND.

THIS IS THE LAWSUIT IS A NATIONAL LAWSUIT WITH RESPECT TO THE IMPACTS, UH, CREATED FROM THE, UH, CELL DISTRIBUTION OF OPIATES THROUGHOUT THE COUNTRY.

IT'S A NATIONAL LAWSUIT.

UH, THERE ARE GOING TO BE A SERIES OF SETTLEMENTS AND POTS CREATED REGARDING POTENTIAL SETTLEMENT DOWN THE ROAD.

THE FIRST IS A $26 BILLION SELVIN.

AS I UNDERSTAND IT, UH, A NATIONWIDE WELL HOTTER WILL RECEIVE, RECEIVE A PORTION OF THAT OVER THE NEXT 18 YEARS OF APPROXIMATELY $32,000 A YEAR.

PLUS THERE'LL BE OTHER FUNDS COMING AS WELL FOR A TOTAL OF POTENTIALLY $1.3 MILLION.

THE INITIAL DIRECTION OF THE CITY COUNCIL IS BY UNANIMOUS VOTE, MADE BY A MOTION BY MR. GOMEZ.

AND SECONDLY, BY MR. MEDRANO, SORRY ABOUT THAT.

UM, TO UNANIMOUSLY AGREE TO DIRECT THIS FEES FUNDS FOR THE FIRST YEAR ONLY TO THE COUNTY TO ASSIST US WITH RESPECT TO THE DEVELOPMENT AND DISTRIBUTION OF A PROGRAM TO ADDRESS OPIOD OPIOID ADDICTION AND PROBLEMS THERE IN, UH, THE COMING YEAR.

THANK YOU, CITY ATTORNEY JONES.

NEXT UP IS A PUBLIC COMMENTS WHEN ADDRESSING LOBBER 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 THREE 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 LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE 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 5 49, 5 4 0.3.

A SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.

DO WE HAVE ANYBODY FOR GENERAL PUBLIC COMMENTS? ALL RIGHT, SEEING NONE MOVE ON TO THE CONSENT CALENDAR,

[ 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. ]

ALL MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS THE CITY COUNCIL MEMBERS, CITY STAFF MEMBER, OR MEMBER OF THE AUDIENCE REQUEST SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVE ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENT SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES.

OTHER 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 IN COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

THE CONSENT CALENDAR INCLUDES CITY COUNCILS ITEMS ONE THROUGH FIVE CALL FOR MOBILE BUTTONS BY STAFF.

UH, NONE MR. MAYOR, CITY COUNCIL, ANYONE IN THE AUDIENCE SEE NONE MAYOR I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT CALENDAR IS LISTED.

OKAY.

VERY WELL.

WE HAVE A VOTE MOTION CARRIED UNANIMOUSLY.

ALL RIGHT,

[00:05:01]

NEXT UP PUBLIC HEARINGS.

PUBLIC COMMENT SHALL BE LIMITED TO FIVE MINUTES PER INDIVIDUAL WITH THE 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, NONE REPETITIVE AND PROFESSIONAL IN NATURE.

FIRST ITEM UP IS DULY NOTICED

[1. DULY NOTICED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 22-07 FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 1000 SOUTH LESLIE STREET, SUITE D, AND THE RELATED DEVELOPMENT AGREEMENT 22-02 That the City Council: A. Approve and Adopt a Conditional Use Permit RESOLUTION NO. ____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA OVERRULING THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT 22-07 FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 1000 SOUTH LESLIE STREET, SUITE D, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS; and B. Consider and Approve the first reading of ORDINANCE NO. ____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT 22-02 BETWEEN THE CITY OF LA HABRA AND ON DECK DELIVERY, LLC, FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS LOCATED AT 1000 SOUTH LESLIE STREET, SUITE D, AS PER ATTACHMENT "A".]

PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 22.0, EXCUSE ME, 22 DASH ZERO SEVEN FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1000 SOUTH LESLIE STREET, SUITE D.

AND THE RELATED DEVELOPMENT AGREEMENT, 22 DASH ZERO TWO.

CAN WE GET A STAFF REPORT PLEASE? UM, IN YOUR BASKETBALL CHECK NOW, SONIA AGAIN, GOOD EVENING.

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.

I'M SONIA LOUIE PLANNING MANAGER.

AND IT'S MY PLEASURE TO PRESENT TO YOU TONIGHT WITH THIS FIRST PUBLIC HEARING ITEM.

THIS IS A REQUEST BY ON-DECK DELIVERY.

LLC APPLICATIONS INCLUDE CONDITIONAL USE PERMIT 22 DASH ZERO SEVEN AND ASSOCIATED DEVELOPMENT AGREEMENT.

22 DASH ZERO TWO.

UNDER THESE APPLICATIONS, THE APPLICANT IS REQUESTING TO OPERATE A NON-STORE FRONT RETAIL CANNABIS BUSINESS THAT WOULD OPERATE FROM 8:00 AM TO 10:00 PM, SEVEN DAYS A WEEK, AS NOTED IN THE STAFF REPORT, BOTH OF THESE APPLICATIONS WERE PRESENTED TO THE PLANNING COMMISSION AT THEIR REGULAR MEETING ON JUNE 27TH, 2022.

HOWEVER, THE PLANNING COMMISSION DID VOTE TO DENY BOTH THE CUP AND DEVELOPMENT AGREEMENT AS WELL.

BOTH APPLICATIONS WERE DENIED AS A RESULT OF A TWO, TWO TIE VOTE SUBSEQUENT TO THE COMMISSION'S DECISION.

THE APPLICANT FOR ON-DECK DELIVERY LLC FILED AN APPEAL REQUESTING THE DECISION OF THE PLANNING COMMISSION, BE OVERRULED AND APPEAL TRIGGERS FOR A DE NOVO PUBLIC HEARING, WHICH HAS BEEN SCHEDULED FOR TONIGHT.

STAFF IS NOW PREPARED TO PRESENT THE COUNCIL AS A FINAL REVIEW AUTHORITY DETAILS OF BOTH CUP 22 DASH ZERO SEVEN AND THE ASSOCIATED DEVELOPMENT AGREEMENT 22 DASH ZERO TWO.

I JUST LIKE TO BEGIN A LITTLE BACKGROUND ON HOW COMMERCIAL CANNABIS CAME ABOUT IN LAHABRA.

THIS ALL STARTED WITH THE STATE'S APPROVAL, A PROP 64, WHICH LED TO, UM, ENACTING THE ADULT USE MARIJUANA ACT.

IT ALSO ENABLED THE STATE TO ESTABLISH A LICENSING AND REGULATORY SCHEME FOR MARIJUANA BUSINESSES.

THEN IN NOVEMBER, 2020 LAHABRA VOTERS APPROVED MEASURE W THIS BALLOT MEASURE SPECIFIED A MAXIMUM OF FOUR NON STOREFRONT RETAIL CANNABIS OPERATIONS COULD BE ESTABLISHED IN THE CITY.

AND SHORTLY AFTER IN DECEMBER, 2020, THE CITY ADOPTED NEW ZONING REQUIREMENTS FOR BOTH NON STOREFRONT RETAIL CANNABIS, CANNABIS BUSINESSES, AS WELL AS TESTING FACILITIES.

THESE NEW COMMERCIAL CANNABIS REGULATIONS WERE CODIFIED IN THE HOMBRE MUNICIPAL CODE UNDER CHAPTER 18.22, THE CITY'S COMMERCIAL CANNABIS ORDINANCE HELPED TO ESTABLISH A FORMAL CANNABIS REVIEW BOARD.

THIS BOARD IS COMPRISED OF CITY REPRESENTATIVES AND ALSO INCLUDES A PROFESSIONAL FIRM CONSULTING FIRM HIRED BY THE CITY.

UM, THEY'RE HIRED FOR THE PURPOSE OF IDENTIFYING THE MOST QUALIFIED APPLICANTS AS PART OF THIS REVIEW PROCESS.

ALL APPLICANTS MUST ALSO UNDERGO A BACKGROUND CHECK, WHICH IS CONDUCTED BY THE HOPPER POLICE.

ALL COMMERCIAL CANNABIS APPLICATIONS WERE ACCEPTED DURING A 45 DAY REVIEW PERIOD, WHICH BEGAN ON MAY 14TH, 2021, AND ENDED ON JUNE 30TH, 2021 IT'S WAS DURING THIS PERIOD THAT THE BOARD CAREFULLY EVALUATED ALL APPLICATIONS.

THE BOARD ENSURES THAT EACH OF THE APPLICATIONS THAT COULD MOVE FORWARD

[00:10:01]

INCLUDES A SUFFICIENT DESCRIPTION OF THEIR CORPORATE STRUCTURE, A DETAILED BUSINESS PLAN, A DETAILED SECURITY PLAN, DETAILED SAFETY PLAN, AND LAST BUT NOT LEAST AND ADEQUATE COMMUNITY BENEFITS PROPOSAL ON-DECK DELIVERY LLC WAS IDENTIFIED AS A WELL QUALIFIED APPLICANT.

THE APPLICANT FOR ON-DECK DELIVERY IS PROPOSING THEIR BUSINESS TO BE LOCATED AT 1000 SOUTH LESLIE STREET.

THE PROPERTY SHOWN ON THE OVERHEAD HERE, HIGHLIGHTED IN PINK.

THE PROPERTY IS PART OF THE LIGHT MANUFACTURING, M ONE ZONE, WHICH IS ONE OF THE LIMITED ZONES WHERE A NON-STORE FRONT CANNABIS RETAIL COULD BE ESTABLISHED.

HERE'S OUR CLOSER VIEW OF THE SITE PLAN.

THE APPLICANT WISHES TO OCCUPY A PORTION OF BUILDING THREE SWEET LETTER D, WHICH IS HIGHLIGHTED IN YELLOW.

THE BUSINESS OPERATIONS ARE PRETTY QUITE ACTUALLY QUITE STRAIGHTFORWARD AND SIMPLE.

IT INVOLVES CANNABIS PRODUCTS BEING SOLD OR TRANSFERRED VIA HOME DELIVERY.

ONLY THERE WILL BE NO ONSITE SALES PRODUCTS ARE ANTICIPATED TO COME FROM CANADA, AMERICA, WHICH IS THE DISTRIBUTION RUN BY THE SAME APPLICANT AND THE NEIGHBORING SUITE OR ELSE PRODUCTS WOULD BE DISTRIBUTED FROM ANOTHER LICENSED DISTRIBUTOR.

THE APPLICANT WILL ALSO BE PROVIDING SECURITY ON A 24 7 BASIS.

AND THIS WAS CLEARLY OUTLINED UNDER THE APPLICANT'S BUSINESS PLAN AND THIS IS NOT YOUR TYPICAL RETAIL STORE.

IT OFFERS A VERY INCONSPICUOUS ON-SITE ACTIVITY AND BUSINESS OPERATION.

AND THIS IS MAINLY BECAUSE ALL OF THE HANDLING OF CANNABIS PRODUCTS WILL TAKE PLACE WITHIN THE BUILDING ON A ROUTINE BUSINESS DAY, THE APPLICANT ANTICIPATES UP TO 12 EMPLOYEES ON SITE AND ONLY SIX DELIVERY DRIVERS DRIVERS WOULD ENTER INTO US ENTER A SALLY PORT, WHICH HAS SHOWN THEM HIGHLIGHTED IN YELLOW TO ALLOW FOR DISCRETE LOADING AND UNLOADING OF ALL OF THEIR DELIVERY VEHICLES.

SEVERAL PUBLIC COMMENTS WERE MADE DURING THE PLANNING COMMISSION REVIEW.

THERE WAS CONCERNED EXPRESS THAT THIS BUSINESS WOULD CONTRIBUTE TO A RISE IN CRIME AND HOMELESSNESS THAT THE ESTIMATED NUMBER OF CUSTOMER TRANSACTIONS, WHICH WAS ESTIMATED TO BE 150 PER DAY, WOULD GENERATE TOO MUCH TRAFFIC CONGESTION.

AND IT WAS ALSO EXPRESSED THAT THERE WAS CONCERN ONSITE PARKING MAY BE INADEQUATE AND MIGHT MERIT A PARKING STUDY BE COMPLETED.

UM, THE APPLICANT AS A RESULT HAS FILED THIS APPEAL, ADDRESSING MANY OF THESE CONCERNS.

AND THIS WAS INCLUDED AS ATTACHMENT SIX OF YOUR AGENDA PACKET.

SO AS MENTIONED, AND I'M SORRY, LET ME GO BACK TO THIS SLIDE.

THESE CONCERNS WERE RAISED, AND I JUST WANT TO BRIEFLY ADDRESS EACH ITEM.

NO CUSTOMERS ARE BEING ALLOWED TO BE SERVED AT THE PROPERTY AND NORMAL BUSINESS ACTIVITY WILL TAKE PLACE IN A PRETTY UNASSUMING MANNER DELIVERY VEHICLES WILL BE PULLING IN THROUGH A SALLY PORT WHEN ANY CANNABIS PRODUCTS ARE BEING HANDLED.

ALL DELIVERY VEHICLES WILL BE UNMARKED PASSENGER VEHICLES OR VERY NONDESCRIPT BOX TRUCKS.

THE APPLICANT IS REQUIRED TO HEAR TO SOME VERY STRINGENT SAFETY AND SECURITY PLANS, WHICH INCLUDES ONGOING MONITORING OF THEIR PROPERTY 24 HOURS A DAY, SEVEN DAYS A WEEK.

AND THIS INCLUDES MONITORING VIA SECURITY CAMERAS AND ONSITE.

UM, THE APPLICANT THROUGH THESE MEASURES CAN ENSURE THAT NO ELICIT ACTIVITY IS OCCURRING ON SITE.

[00:15:01]

AND WHILE HOMELESSNESS WAS CITED AS A CONCERN, IT APPEARS THAT HOMELESSNESS ISSUES IN THE AREA DO NOT NECESSARILY STEM FROM THIS PARTICULAR BUSINESS ACTIVITY.

HOWEVER, SHOULD THE APPLICANT ENCOUNTER HOMELESSNESS ON THEIR PROPERTY? THEY WILL BE ABLE AND READY TO QUICKLY ADDRESS THAT PARTICULAR ISSUE.

I MENTIONED TRAFFIC CONGESTION BEING EXPRESSED BY THE PUBLIC AS A CONCERN ON DECK DELIVERY, ESTIMATED THEY WOULD HAVE A TOTAL OF SIX DELIVERY DRIVERS AND CONFIRM THAT THEY DO NOT ANTICIPATE GENERATING 150 VEHICLE TRIPS A DAY OF THE 150 TRANSACTIONS.

MULTIPLE DELIVERIES COULD BE MANAGED BY THE SIX DELIVERY DRIVERS SCHEDULED THROUGHOUT THE DAY.

THEY ALSO RELAYED THAT THEIR FULFILLMENT DELIVERIES FROM OTHER LICENSED DISTRIBUTORS COULD INCLUDE EIGHT TO 10 DELIVERIES PER WEEK.

BUT EVEN WITH THIS IN MIND, STAFF DOES BELIEVE THE ANTICIPATED SIX DELIVERY DRIVERS.

PLUS THE EIGHT TO 10 DELIVERIES TO THE BUSINESS PER WEEK WOULD NOT BE A SIGNIFICANT INCREASE TO THE OVERALL TRAFFIC IN THE AREA.

STAFF CITED THAT THERE ARE MANY INDUSTRIAL BUSINESSES IN THE SAME AREA THAT GENERATE THE SAME, IF NOT MORE VEHICLE TRIPS, THEREFORE STAFF DOESN'T ANTICIPATE TRAFFIC CONGESTION TO BE A PROBLEM.

THE PLANNING COMMISSION AND THE PUBLIC HAD QUESTIONED WHETHER THERE WOULD BE A NEED FOR A PARKING STUDY IN THE STAFF REPORT, STAFF REITERATED THAT THE APPLICANT HAS ACCESS TO AMPLE ONSITE PARKING.

AS PREVIOUSLY MENTIONED, THIS APPLICANT ANTICIPATES HAVING ONLY SIX DELIVERY DRIVERS.

MANY OF THE DELIVERY DRIVERS ARE GOING TO BE TRAVELING THROUGHOUT THE DAY AND NOT ACTUALLY NOT EVEN USING THE PARKING ON SITE.

UM, AND THEREFORE STAFF DOES NOT BELIEVE A PARKING STUDY WOULD BE WARRANTED.

WE DID REVIEW THE SITE PLAN AND WE BELIEVE, UM, THE SITE CAN EASILY ACCOMMODATE THE SIX VEHICLES WITHOUT IMPACT TO THE PUBLIC STREET OR THE SURROUNDING AREA.

AND AS IN THE STAFF REPORT, STAFF DOES BELIEVE THE OPERATION ITSELF IS CONSISTENT WITH THE LIGHT INDUSTRIAL TYPE BUSINESSES, WHICH ARE TYPICAL IN THE M ONE AND PCI ZONES, BOTH.

UM, THE CITY AND STATE OF CALIFORNIA HAVE IMPLEMENTED EXTENSIVE REQUIREMENTS TO ENSURE THAT THIS BUSINESS WILL BE OPERATING IN AN ACCEPTABLE MANNER.

BASED ON THESE FACTS, STAFF IS SUPPORTIVE OF THE APPLICANT'S APPEAL REQUEST STAFF CONSIDERED THE DEVELOPMENT AGREEMENT.

AND IN THIS CASE, IT'S ANTICIPATED THAT ON-DECK DELIVERY FIRST YEAR REVENUE WILL BE ABOUT $2.4 MILLION.

BASED ON THAT PROJECTION, THE CITY EXPECTS TO COLLECT A COMMUNITY BENEFIT PAYMENT EQUAL TO 0.5% ON ALL GROSS RECEIPTS, WHICH EQUALS TO ABOUT $12,000 A YEAR.

IF APPROVED THE CITY ALSO ANTICIPATES COLLECT, COLLECTING A CANNABIS BUSINESS TAX EQUAL TO 3% OF ALL GROSS RECEIPTS.

AND THIS WOULD TRANSLATE TO APPROXIMATELY $72,000 A YEAR, BOTH THE APPLICANT'S LEGAL COUNSEL AND THE CITY ATTORNEY'S OFFICE HAVE REVIEWED THE TERMS OF THE DEVELOPMENT AGREEMENT AND THERE'S LANGUAGE INCLUDED IN THE AGREEMENT.

SHOULD THERE BE A CHANGE IN THE BUSINESS OPERATOR? UM, THERE WAS A REQUIREMENT THAT THE APPLICANT OBTAIN CITY APPROVAL FIRST, PRIOR TO THAT CHANGE OCCURRING.

SO WITH THAT STAFF IS RECOMMENDING THAT THE CITY COUNCIL APPROVED A RESOLUTION OF THE CITY COUNCIL, THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22 DASH ZERO SEVEN FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1000

[00:20:01]

SOUTH LESLIE STREET, SUITE D MAKING THE APPROPRIATE FINDINGS AS PER THE APPROVED PLANS AND SUBJECT TO THE CONDITIONS.

WE ARE ALSO RECOMMENDING THAT THE COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT, 22 DASH ZERO TWO, BETWEEN THE CITY OF LA HABRA AND ON-DECK DELIVERY, LLC FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1000 SOUTH LESLIE STREET, SUITE D PER ATTACHMENT, A THIS CONCLUDES STAFF'S REPORT, BOTH STAFF AND THE APPLICANT ARE HERE TONIGHT TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE.

THANK YOU.

UM, MR. MAYOR, I DO HAVE A QUESTION OF THE, UM, I'M INTERESTED IN THE TRANSFER OF CANNABIS FROM CONDA AMERICA TO ON-DECK DELIVERY.

IT'S IN THE SAME BUILDING.

ARE THERE INTERNAL DOORS WHERE THAT TRANSFER OF THE PRODUCT X PLACE, OR DO THEY HAVE TO GO OUTSIDE TO MAKE THAT PHYSICAL TRANSFER? THEY ARE TWO SEPARATE SUITES, SO THEY'RE NOT CONNECTED BY ANY COMMON DOOR INTERNAL DOOR.

SO AS I'M LOOKING AT THE PROJECT PLANS, WHICH WAS INCLUDED ON YOUR PACKET, SHE AID TO JUST SHOWS THE INDIVIDUAL SUITE WITH NO INTERNAL CONNECTION BETWEEN CANADA AMERICA AND, UM, THE PROPOSED STOREFRONT NON STOREFRONT BUSINESS.

SO THE PRODUCT HAS TO BE TAKEN OUTSIDE TO BE TRANSFERRED, CORRECT.

THAT WOULD BE PART OF THEIR DELIVERY.

IS THERE ANY WAY THAT, THAT AN INTERNAL DOOR AND BE INSTALLED OR IS THERE A REASON THAT THERE'S NOT ONE THERE NOW? I BELIEVE THERE MAY BE BUILDING CODE REQUIREMENTS TO KEEP THEM AS TWO SEPARATE SUITES.

HOWEVER, I SHOULD ALSO MENTION THAT THIS PARTICULAR BUILDING LOCATION IS SET PRETTY FAR INTO THE PROPERTY.

BOTH SUITES ON THE EXTERIOR OF THE BUILDING HAS VERY LIMITED VISIBILITY TO THE SURROUNDING AREA.

UM, AND SHE A ONE SHOWS THAT SITE PLAN SHOWING THAT WHERE EXACTLY BUILDING THREE IS LOCATED WITH RELATIONSHIP TO OTHER PROPERTIES.

THANK YOU.

SO IF I COULD HAVE THE APPLICANT OR THEIR REPRESENTATIVE SPEAK TO THAT.

YEAH.

DANA CISNEROS, UM, I'LL LEAVE MY CARD RIGHT THERE OR THE SPEAKER CARD.

UM, THE REASON IS, IS THAT BECAUSE THESE ARE TECHNICALLY TWO SEPARATE BUSINESSES, TWO LIMITED LIABILITY COMPANIES, BOTH OF WHICH ARE 100% OWNED BY MR. HERE.

UM, BUT NEVERTHELESS, BECAUSE OF THE WAY THAT STATE LICENSING AND REGULATION WORKS, UM, THE BUSINESS, THE BUSINESSES HAVE TO BE COMPLETELY SEPARATED, UM, BECAUSE OF ACCESS TO PRODUCT AND DIFFERENT EMPLOYEES OF EACH OF THE RESPECTIVE BUSINESSES, HAVING THAT ACCESS.

IF THE COUNCIL IS MORE COMFORTABLE, WHAT THAT ENJOINING DOOR I'M MOST CERTAINLY HAPPY TO SUBMIT THAT TO THE DEPARTMENT OF CANNABIS CONTROL AS AN, AS A MODIFICATION.

UM, AND SEE IF THEY'LL APPROVE THAT, UM, BECAUSE OF THE, THE, UM, UNIFORM OWNERSHIP, UM, IN MY EXPERIENCE, THAT'S TYPICALLY NOT SOMETHING THAT THEY'RE WILLING TO DO BECAUSE THEY WANT THERE TO BE A CLEAR DISTINCTION BETWEEN THE LICENSED PREMISES.

UM, AND I DO NOT BELIEVE WE HAVE A HALLWAY WHERE A DOOR WOULD GO IN BETWEEN, AND I THINK THAT'S THE ISSUE.

SO IF YOU WERE TO WALK OUT OF CANADA, AMERICA, ESSENTIALLY THROUGH THE WALL, INTO THE OTHER SUITE, LIKE YOU'RE SUGGESTING IF YOU WERE TO DO THAT, YOU WOULD WALK RIGHT INTO AN AREA THAT HAS RESTRICTED ACCESS BECAUSE OF THE PRODUCT THAT IS THERE AND VICE VERSA, THE SAME WOULD BE TRUE.

UM, IF YOU WERE TO COME FROM DELIVERY OVER TO THE DISTRIBUTION SIDE, SAME THING, THOSE, THOSE EMPLOYEES WOULD THEN HAVE ACCESS TO PRODUCT THAT THEY SHOULDN'T HAVE BECAUSE THEY'RE NOT EMPLOYEES OF THAT RESPECT OF BUSINESS.

IT'S A SECURITY ISSUE FROM, UM, FROM THE STATE'S PERSPECTIVE.

HOWEVER, IN THIS INSTANCE, I DO HEAR, I DO UNDERSTAND WHAT YOU'RE SAYING, CAUSE I, I AGREE.

I THINK IT WOULD BE SAFER TO TRANSPORT THROUGH A DOOR THAN HAND, CARTING IT OUT THE DOOR AND BACK IN THROUGH AGAIN, NO, I'M WORRIED ABOUT THE, UM, OBVIOUSLY THE PUBLIC'S ACCESS TO THE PRODUCT.

YEAH.

BUT IF YOU LOOK ON THE, IF YOU LOOK ON THE SCREEN RIGHT NOW WHERE THE SWEETS ARE, IS CLOSE TO WHERE THE NUMERAL THREE IS LOCATED, OR EXCUSE ME, WHERE THE SUITES ARE, IS LOCATED

[00:25:01]

CLOSE TO WHERE THAT NUMERAL THREE IS.

THERE IS NO REASON FOR ANYBODY TO COME BACK THERE OTHER THAN TO VISIT THESE BUSINESSES BECAUSE THERE'S NO OTHER BUSINESSES BEYOND THEIR, WELL, THAT THAT'S, THAT'S PART OF THE PROBLEM.

IT'S NOT PART OF THE SOLUTION.

THE PROBLEM IS THAT IT IS HIDDEN AWAY BACK IN AN INDUSTRIAL AREA, LIGHT INDUSTRIAL AREA.

AND I'M WORRIED ABOUT THE POTENTIAL FOR ROBBERIES.

OH, WE HAVE ONSITE SECURITY, 24 7, AND THEY'RE ARMED.

UM, AND THAT IS BY, UM, LAHABRA ORDINANCE.

YEAH.

SO WE HAVE SECURITY THERE.

UM, AGAIN, WE ARE MORE THAN HAPPY TO SUBMIT THAT TO THE DEPARTMENT OF CANNABIS CONTROL.

UM, HOWEVER, UH, AGAIN, THEY MAY NOT APPROVE THAT SIMPLY BECAUSE OF THE RESTRICTIVE ACCESS COMPONENT.

I UNDERSTAND.

OKAY.

AND TRANSPORTING THE PRODUCT, WILL YOU USE SOMETHING VERY SIMILAR TO THE SYSTEMS YOU USE? LIKE WHEN, UH, UH, YOU KNOW, PEOPLE GO AND THEY PICK UP MONEY AT A STORE WITH THE, WITH A GUARD, ARMED GUARD, BE THERE AT ALL TIMES TO WALK THEM OVER TO ENSURE THAT WE ALSO COULD PUT IT IN THE BAND AND THE BAND IS BACKUP.

IT'S THAT OTHER ROLL-UP DOOR AREA WHERE IT'S SECURED AND WE'RE GATED TO, SO THE WHOLE PROPERTY IS FENCED IN, BUT THEN WE'RE ALSO IN WHERE THAT ACCESS TO.

SO YOU'D USE THE SALLY PORT MAKE SURE THAT IT'S NOT, AND IT'LL ALL BE COMING IN THROUGH THE SALLY PORTS COMING OUT, OUR DISTRIBUTION, SALLY PORT INTO OUR DELIVERY STYLE REPORT IN A VAN.

WOULD IT BE, YOU KNOW, AND ON TOP OF THAT, THE GUARD WOULD BE, YOU KNOW, WATCHING THAT TRANSACTION GO THROUGH, WOULD IT BE HANDLED HAND-DELIVERED ESSENTIALLY, THEY WILL BRING IT OVER.

AND THEN THE OTHER DISTRIBUTORS THAT COME TO US, THEY'LL JUST GO STRAIGHT INTO OUR UP.

AND IF, IF THE GUARD IS INDISPOSED, FOR WHATEVER REASON, UM, THEN THE REST OF THE EMPLOYEES WOULD WAIT TO MAKE THAT TRANSFER UNTIL HE WAS, OR SHE WAS OR USE THE TRUCK METHOD, AS HE SAID, JUST, JUST SUGGESTED, BECAUSE IT WILL JUST GO AROUND AND INTO THE, THE ROLL UP DOOR THERE.

THERE'S A SALLY PORT ON KIANA AMERICA TOO.

THAT'S ALREADY EXISTING.

YEAH.

YEAH.

WE HAVE NO BUSINESS IF PEOPLE ARE GETTING ROBBED.

OKAY.

THANK YOU.

I DO HAVE A QUESTION FOR STAFF AND AS I'M LOOKING AT THE, UH, AT THE STAFF REPORT NOW, UH, AS FAR AS THE ISSUES THAT WERE ON THE, UH, THE PLANNING COMMISSION, AND I'M LOOKING FORWARD AGAIN HERE, SORRY.

I JUST HAD IT AND I LOST IT.

MY APOLOGIES.

UM, DARN IT ALL RIGHT.

WELL, I GUESS THERE WAS AN ISSUE, UH, WITH PLANNING COMMISSION AND, UH, A QUESTION OF THE DEVELOPMENT AGREEMENT CAME UP WITH PLANNING COMMISSIONERS ONE IN PARTICULAR, FROM WHAT I UNDERSTAND, I'M HAVING A PROBLEM WITH THE DEVELOPMENT AGREEMENT, IS THAT CORRECT? YES.

COMMISSIONER DID EXPRESS DISSATISFACTION WITH THE NEGOTIATION THAT I SHOULD STATE THAT, UM, THAT WOULD RUN OUTSIDE OF THE PURVIEW OF THE COMMISSION AS FAR AS THE TERMS OF THE DEVELOPMENT AGREEMENT.

AND THAT WAS GOING TO BE MY NEXT QUESTION.

IT IS BEYOND THE PURVIEW OF THE COMMISSION, CORRECT? THAT IS CORRECT.

OKAY.

JUST WANTED TO MAKE SURE WAS THAT EXPLAINED TO THE COMMISSIONER, IT WAS EXPLAINED THAT THE DEVELOPMENT AGREEMENT REQUIRED A RECOMMENDATION BY PLANNING COMMISSION ONLY AND IS SUBJECT TO THE CITY COUNCIL'S FINAL REVIEW AND APPROVAL.

OKAY.

VERY GOOD.

THANK YOU.

UH, MAYOR AND COUNCIL, MAY I ADD JUST A COUPLE OF POINTS THAT STAFF DID NOT GLOSS OVER? I'M SORRY, I DON'T, I'M NOT REALLY FAMILIAR WITH WHAT EXACTLY THE PROCEDURE IS HERE.

UM, BUT I DID WANT TO, UM, POINT OUT TO YOU ALL THAT, UM, ON-DECK DELIVERY.

UM, I'M NOT SURE IF IT WAS THE HIGHEST SCORE IN THIS CITY, BUT THEY DID RECEIVE A 99.6%.

YOUR, UM, CONSTITUENTS DID APPROVE THE MEASURE, AUTHORIZING THIS ACTIVITY BY 67% AND, UH, YOU ALL, UM, APPOINTED AND HIRED HDL TO ROLL OUT A MERIT BASED PROCESS, UH, WHICH WE COMPLIED WITH.

UM, AND, AND ALSO, UM, I, I DO THINK IT'S IMPORTANT.

AND, AND MR. DE SIMONE, UM, WE'LL DISCUSS THIS A LITTLE BIT MORE.

UM, THIS BUSINESS HAS BEEN OPERATING FOR ABOUT A YEAR, YEAR AND A HALF, NO COMPLAINTS, NO ISSUES QUIET AS A MOUSE, LITERALLY.

SO QUIET THAT MOST OF THE OBJECTORS THAT WE DIDN'T KNOW THAT THAT BUSINESS WAS THERE, WHICH IS SORT OF THE POINT, UM, OF ALL OF THIS TO BE OUT OF THE PUBLIC EYE.

UM, AND SO FOR THAT REASON, AND ALSO BASED ON PRIOR CONVERSATIONS THAT WE HAD WITH FORMER STAFF, UM, THAT HAD SORT OF DISSUADE

[00:30:01]

US FROM REALLY BRINGING ATTENTION TO THE CANNABIS ACTIVITY ON THAT LOCATION.

UM, AT THE TIME THERE WERE TWO DISTRIBUTES DISTRIBUTION CENTERS.

SO UNDERSTANDABLY, I THINK THAT WE WANTED THE BUSINESSES TO SORT OF FLY UNDER THE RADAR AND NOT BE IN THE PUBLIC SPACE AT THAT TIME.

UM, HAD WE KNOWN THAT THERE WERE ISSUES THAT THE COMMUNITY MAY HAVE HAD, OR ANY SORT OF CONFUSION WE WOULD HAVE REACHED OUT PRIOR TO THE HEARING, UM, IMMEDIATELY UPON DENIAL.

THAT IS EXACTLY WHAT MR. DE SIMONE DID.

UM, I BELIEVE SOME OF THE OBJECTORS ARE ACTUALLY HERE, UM, AND ARE PREPARED TO, UM, RESCIND THEIR COMMENTS AND RESCIND THEIR OBJECTIONS.

UM, SEVERAL OF THEM WENT OVER TO THE FACILITY, SAW HOW THE BUSINESS OPERATES AND ARE QUITE COMFORTABLE NOW, UM, WITH EXACTLY HOW WE'RE OPERATING.

AND THEN FINALLY WITH RESPECT, I KNOW THERE'S A LOT OF DISCUSSION ABOUT HOW MANY TRIPS AND ALL OF THE CARS AND THINGS LIKE THAT.

UM, IT'S IMPORTANT TO NOTE THAT THE STATE DOES CURRENTLY PERMIT UP TO $5,000 OF PRODUCT TO LEAVE THE FACILITY AT ONCE, UM, IN EACH VEHICLE.

AND THERE IS LEGISLATION PENDING BEFORE SACRAMENTO RIGHT NOW, UM, THAT WOULD INCREASE THAT AMOUNT TO 10 OR $15,000.

UM, WHAT THAT DOES IS REDUCE THE NUMBER OF BACK AND FORTH TRIPS THAT ARE TAKEN TO GET TO A CONSUMER FROM, FROM THE PLACE, UM, FROM THE PLACE OF BUSINESS.

AND SO, UM, AND THOSE THINGS ARE KEPT IN LOCKED CAGES, UM, AND IN LOCK BOXES AND THINGS LIKE THAT TO ENSURE THE DRIVER'S SAFETY, THE CARS AREN'T MARKED, ET CETERA, IT JUST LOOKS LIKE ANY OTHER VEHICLE.

I THINK YOUR, YOUR POLICE DEPARTMENT WILL ECHO THAT THEY HAVE NO IDEA HOW TO TELL WHO'S DELIVERING CANNABIS AND WHO ISN'T, UM, FOR THAT REASON.

SO, UM, WITH THAT, IF YOU GUYS HAVE ANY MORE QUESTIONS, UM, WE'RE HAPPY TO ANSWER THEM.

I DO TRULY BELIEVE, UM, THAT THE PLANNING COMMISSION'S DECISION WAS MADE SIMPLY AN ERROR.

UM, ONE COMMISSIONER SUBSTITUTED THEIR OPINION, UM, AND STIGMA, UH, FOR THAT OF THE RESIDENTS OF LAHABRA, UM, AND THE OTHER, UM, THEY, THEY ASKED ESSENTIALLY NO QUESTIONS ON THE OTHER COMMISSIONER WHO VOTED AGAINST IT, UH, DID IN TURN, DID CHANGE HIS MIND EVENTUALLY AND VOTED AND APPROVED THE OTHER THREE.

AND I CAN ONLY SPECULATE, BUT MY GUESS IS, IS THAT HE SIMPLY WASN'T COMPREHENDING THAT THIS IS A NON STOREFRONT DELIVERY, UM, BUSINESS THERE.

IT MAKES NO SENSE WHY THE OTHER THREE WOULD RECEIVE A YES VOTE.

AND THIS ONE RECEIVE A NO WHEN THAT VERY COMMISSIONER ASKS NO QUESTIONS, UM, DURING THE ENTIRETY OF THE PRESENTATION OR MY TIME, I'M MAKING THE PRESENTATION TO PLANNING COMMISSION.

SO THANK YOU VERY MUCH.

I COULD SAY THAT I HAVE GOTTEN TWO PHONE CALLS FROM THE COMMUNITY AND THE APPLICANT, UH, JUST DID A STELLAR JOB IN, IN ANSWERING THE QUESTIONS AND CONCERNS THAT THEY HAD, UH, SO KUDOS TO THEM, UH, FOR ADDRESSING THOSE CONCERNS.

THANK YOU.

AND WE APPRECIATE THAT.

UM, YOU KNOW, IT'S NOT THE FIRST TIME WE'VE BEEN BEFORE YOU, MOST OF YOU KNOW, TONY, YOU KNOW, BORN AND BRED HERE IN LA HABRA.

THIS IS HIS, THESE ARE HIS ROOTS.

THIS IS HIS HOMETOWN.

THIS IS HIS COMMUNITY.

WE'RE NOT TRYING TO UPSET ANYBODY.

AND HE ALWAYS WANTS TO BE AN OPEN BOOK AND VERY SUPPORTIVE OF THE COMMUNITY.

SO WE APPRECIATE THAT RECOGNITION VERY MUCH.

THANK YOU.

ANY OTHER QUESTIONS FROM COUNCIL FOR STAFF? ALRIGHT.

UM, I'M GONNA, I'M GONNA OPEN UP TO PUBLIC, HEARING ANYBODY, UH, WISH TO SPEAK.

PLEASE GIVE YOUR NAME, ADDRESS FOR THE RECORD AND NOT BE REDUNDANT IN YOUR TESTIMONY.

PLEASE I'D INVITE THOSE IN SUPPORT TO SPEAK FIRST, SIR.

GOOD EVENING.

HONORABLE MAYOR AND ESTEEMED COUNCIL MEMBERS.

MY NAME IS TONY D SIMONE.

I AM A RURAL LOCAL RESIDENT BORN AND RAISED HERE IN THE HOMBRE.

I CURRENTLY OWN AND OPERATE CANADA AMERICA DISTRIBUTION LOCATED AT 1000 SOUTH LESLIE STREET IN LAHABRA THE INTENDED LOCATION FOR ON DECK DELIVERY.

THE CANADA AMERICA DISTRIBUTION FACILITY HAS SUCCESSFULLY OPERATED FOR A VERY A YEAR ALL WHILE MAINTAINING A SAFE AND CONTROLLED LOW PROFILE LIKE ITS NEIGHBORING SISTER COMPANY.

I PLAN TO UPHOLD ON-DECK DELIVERY TO THE SAME PROFESSIONAL STANDARDS.

MY DEEP ROOTS IN THE COMMUNITY NATURALLY LED ME TO CONDUCT MY BUSINESS IN A WAY THAT WOULD ONLY POSITIVELY IMPACT THE CITY.

I HAVE GROWN UP IN BETWEEN THE MULTIPLE ACCOLADES, CELEBRATING MY CONTRIBUTIONS TO THE SENIOR COMMUNITY AND VOLUNTEERING TIME TO THE CITY FAIRS AND FESTIVALS I EVER MADE COMMITTED TO GIVING BACK TO THE CITY OF LA HABRA REGARDING MORE CONCRETE ASPECTS OF MY SUITED DISPOSITION FOR THE BUSINESS.

I SUCCESSFULLY MANAGED TO SCORE THE HIGHEST ON THE CANVAS APPLICATION WITH A SCORE OF 99.6.

DESPITE MY EFFORTS, WE WERE THE ONLY COMPANY TO NOT BE APPROVED FOR LICENSING BUSINESSES AND RESIDENTS WHO WERE OPPOSED TO ON DECK DELIVERY LICENSE.

MOST THEIR CONCERNS ABOUT THE PROPOSAL, WHICH MOTIVATED ME TO REASSESS MY APPROACH IN REACHING THE PEOPLE OF THE HOMBRE, HEARING THE PEOPLE OF MY COMMUNITY AND TAKING THEIR CONCERNS TO HEART.

I MADE IT MY MISSION TO REACH OUT PERSONALLY TO EACH RESIDENT AND BUSINESS WHO EXPRESS SUCH CONCERN.

I UNDERSTAND THE WORDS NON-STORE FRONT RETAIL OR DELIVERY.

ONLY RETAIL CAN BE A BIT MISLEADING TO AN APPREHENSIVE AUDIENCE.

IT WAS MY IDEA THEN TO ARRANGE AN INFORMAL PACKET, INFORMATIONAL PACKET, TO HOPEFULLY EASE THESE RESIDENTS, UNNECESSARY FEARS AFTER RE-EVALUATING THE REASONS BEHIND THEIR OPPOSITIONS.

I MAILED A PACKET CONTAINING A LETTER

[00:35:01]

DESCRIBING EXACTLY WHAT THE LICENSES WOULD ENTAIL EXPLANATIONS REGARDING THEIR CONCERNS AND A WARM INVITATION TO VISIT AND TOUR THE DISTRIBUTION FACILITY AS WELL AS THE PLAN LOCATION OF ON-DECK DELIVERY THEMSELVES.

THAT WAS MY HOPE THAT AFTER OBSERVING FIRSTHAND, THE MANNER IN WHICH MY BUSINESS OPERATES, THESE WHO WERE UNDER PRECONCEIVED NOTATIONS ABOUT WHAT A NON STOREFRONT RETAIL IS, WOULD BE PLEASANTLY SURPRISED TO LEARN THAT THEIR OPPOSITIONS WERE SIMPLY BASED OFF UNAWARENESS AND LACK OF INFORMATION TO MY DELIGHT, THE INVITATION TO TOUR THE FACILITY, IRONED OUT THE WRINKLES OF FEAR AND CONCERN AMONG THOSE PREVIOUSLY OPPOSED THOSE ACCEPTED THE INVITATION ARRIVED WITH AN APP WITH APPREHENSION AND DEPART WITH A BETTER UNDERSTANDING AND EVEN SUPPORT ON THE, ON THE PROPOSAL FOR THE ON-DECK DELIVERY LICENSE LIKE THESE LOBBER BUSINESSES AND RESIDENTS.

I ASK THAT YOU LEND YOUR SUPPORT AND ULTIMATELY REEVALUATE AND RECONSIDER THE DECISION OF THE PLANNING COMMISSION AND APPROVE ON DECK DELIVERY FOR LICENSING.

THANK YOU.

I, UH, I JUST WANT TO COMMEND YOU GUYS.

I HAD NO IDEA WHO YOU GUYS WERE, BUT I MET, I BELIEVE IT WAS MAYBE YOUR MOM AND NICK AT OPERATION CENTER OR HOLIDAY WISHES AT THE MUSEUM, UH, SPENT A COUPLE HOURS WITH THEM, GOT TO TALK TO THEM.

AND, AND FROM THERE, I ALSO GOT TO KNOW NICK AT MEALS ON WHEELS.

SO YOU, UH, DO STATE EFFECT THE FACT THAT YOU GUYS HAVE BEEN VERY, VERY INVOLVED IN THE COMMUNITY.

I'VE BEEN SEEING YOU OUT THERE QUITE A BIT INVOLVED, MAKING A DIFFERENCE.

SO I DO SINCERELY APPRECIATE THAT.

THANK YOU.

ANYONE ELSE WISH TO COME IN AND SUPPORT? COME ON UP.

HOW ARE YOU SAYING? OKAY, GOOD EVENING.

HONORABLE MIRROR, MEDRANO AND COUNCILMAN.

I AM SAM CODE TOP RESIDENT BUSINESS OWNER, AS WELL AS I LIVE UP THE STREET FROM THIS BUSINESS THAT I DIDN'T KNOW WHAT EXISTED.

IN FACT, IT TOOK ME FIVE TIMES DRIVING UP AND DOWN TO EVEN FIND IT.

I HAD TO CALL HIM AND HE HAD TO GUIDE ME ALL THE WAY INTO HIS FACILITY.

UH, BUT I'M HERE SPEAKING ON THEIR BEHALF BECAUSE I DIDN'T KNOW ANYTHING ABOUT THE BUSINESS.

I'M NOT GONNA APPROVE OR SAY, HEY, I'M GOING TO RECOMMEND THAT WE APPROVE THIS AND TO, UH, AS A BUSINESS IN OUR CITY.

SO I DROVE THERE MYSELF.

I FELT LIKE IT WAS WALKING THE QUANTICO, THE LEVEL OF SECURITY.

THEY HAD TO GO THROUGH ALL MY ID AND EVERYTHING ALONG WITH AN ARMED GUARD WAS LIKE, IT WAS A SWAT OFFICER.

ONCE WE GOT IN THROUGH THE FACILITY, THE, HOW IT'S ORGANIZED AND CLEAN LOOKED LIKE A CLEAN ROOM FROM NASA.

UH, IT WAS VERY, VERY ORGANIZED.

EVERYTHING'S VERY WELL LOCKED UP.

AND THE OPERATING PROCEDURES THAT HE HAS IN PLACE IS BEYOND WHAT I WOULD EVER IMAGINE, A CANNABIS OPERATIONS DOING.

UH, AND THEN ONCE HE WALKED ME THROUGH SHOWED ME THE, THE, THE NEW SITE, HOW THEY WERE GOING TO BRING IN THE CANNABIS FROM ONE LOCATION TO THE OTHER.

CAUSE I ALSO ASKED THE SAME QUESTIONS AND THE BEAUTY IS THERE'S NO ONE'S GOING TO BE THERE.

THERE'S NO CONSUMERS COMING.

THE, THE VANS ARE GOING TO BE OUT.

AND PLUS HE'S, HE'S GOING TO HAVE THE BEST INSURANCE, WHICH IS A CANNABIS BASED INSURANCE COMPANIES THAT ONLY FOCUS ON CANNABIS.

SO WITH THAT BEING SAID, THE, THE HARBOR CHAMBER IS RECOMMENDING THAT THE COUNCIL APPROVE HIM, UH, AND LED HIM TO CONTINUE TO BE PART OF OUR COMMUNITY IS INVOLVED, AS YOU MENTIONED.

AND HE'S A GREAT ASSET TO HAVE HERE IN THE CITY.

SO WITH THAT, THE LA HARBOR CHAMBER, UH, WOULD LIKE FOR YOU GUYS TO APPROVE HIS LICENSE.

THANK YOU.

THANK YOU, SAM.

ANYONE ELSE IN SUPPORT OF HI CARMEN, GOOD EVENING.

HELLO EVERYONE.

I'M CARMEN MILLER WITH LAHABRA MEALS ON WHEELS.

I'M HERE TO SPEAK ON BEHALF OF, ON DECK, TONY, NICK, THEIR YOUNGER BROTHERS, THEIR MOM AND DAD HAVE ALL VOLUNTEERED AND DELIVERED MEALS FOR US.

SO, UH, AND THIS HAS BEEN GOING ON FOR A YEAR AND A HALF.

UH, I KNOW THAT NICK HAS ALSO VOLUNTEERED AT THE CRCC, UM, YOU KNOW, HELPING DISTRIBUTE FOOD THERE.

SO I'M JUST HERE AS A CHARACTER WITNESS.

IT'S A GREAT FAMILY AND WE REALLY APPRECIATE ALL THEY'VE DONE FOR LAHABRA MEALS ON WHEELS AND LAHABRA ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF, THANK YOU.

HELLO.

MY NAME IS ROSS HANSON.

I RUN THE BUSINESS RIGHT NEXT DOOR, FIX AUTO AT NINE 20 LESLIE STREET.

UM, ORIGINALLY WHEN I HAD GOTTEN NOTIFICATION THAT THERE WAS GOING TO BE A RETAIL CANNABIS STORE NEXT TO ME, I THOUGHT TO MYSELF, ABSOLUTELY NOT.

I'M NOT GOING TO HAVE 30 TO 50 PEOPLE OUTSIDE THAT DOOR FROM EIGHT O'CLOCK IN THE MORNING UNTIL 10 O'CLOCK AT NIGHT.

AND I JUST WAS ABSOLUTELY OPPOSED TO IT UNTIL I FOUND OUT EXACTLY WHAT THEY'RE DOING THERE.

I'VE HAD AN OPPORTUNITY TO GO THROUGH THE PLACE HE'S TOURED.

IT SHOWED ME THE WHOLE PROGRAM IN WHICH HE HAS.

IT'S NOTHING

[00:40:01]

LIKE THE PERMITS ACTUALLY SHOW RETAIL.

YOU THINK RETAIL STORE, THERE'S GOING TO BE ONE DOOR THAT EVERYBODY IS GOING INTO.

I KNOW THE PROPERTY VERY WELL AND WHERE THEY'RE LOCATED AT.

I HAD NO IDEA THAT THEY HAD BEEN RUNNING ANOTHER OPERATION THROUGH THERE FOR THE LAST, OVER A YEAR THAT I WAS TOLD WHEN I WENT IN THERE TO SEE HOW THEY RAN THEIR BUSINESS.

IT WAS REMARKABLE.

THE SECURITY ON THERE IS PHENOMENAL, ARMED GUARDS, CONCRETE TILT UP BUILDING.

NOBODY'S GOING TO BE BLOWN THROUGH THE WALLS, TRYING TO GET IN THERE TO GET AFTER THIS STUFF, THEY OPEN UP A DOOR.

THEY SLIT, THE VAN COMES BACK AND THE DOOR SHUTS DOWN.

IT'S AN ANOTHER CAGE TO AREA WHERE THEY UNLOAD OR LOAD THIS STUFF.

I'M AN ARCHER EXACTLY.

HOW DOES WHAT THEY COME IN.

THEY LOAD UNLOAD.

THERE IS NO WAY SOMEBODY IS GOING TO BE COMING IN THERE AND DANCING AROUND THAT PROGRAM.

THERE, I THINK THAT PROGRAM THAT HE HAS GONE IS BY FAR BETTER THAN THE OTHER ONES THAT WE WERE LISTENING TO THE PREVIOUS MONTH THAT THEY GOT APPROVED.

I'M JUST UP HERE TO SUPPORT HIM.

I, WHEN WE FIRST CAME IN HERE, I WAS ABSOLUTELY OPPOSED TO HAVING A RETAIL STORE PUT RIGHT NEXT TO MY BUSINESS.

I WAS GOING TO HAVE NO PART OF IT WENT BACK THERE AND SAW WHAT THEIR RETAIL PORTION OF IT IS AND HOW THEY RUN THEIR BUSINESS.

IT'S REMARKABLE.

IF YOU HAVE THE OPPORTUNITY TO GO THERE, REALLY SEE HOW THEY RUN IT, YOU SHOULD DO THAT.

CAUSE I'VE CHANGED.

IT TOOK MY OUTLOOK AND CHANGED IT.

PARKING.

THERE'S NOT A PROBLEM OVER THERE WITH PARKING.

THEY DON'T HAVE ANY CARS TO REALLY WORRY ABOUT AS FAR AS CARS COMING IN AND OUT.

UM, AS FAR AS WHERE THEY'RE AT, NOBODY'S GETTING AFTER THEM, NOBODY IS GOING TO BE AROUND THEM AGAIN, A CONCRETE TILT UP BUILDING.

NOBODY IS GOING TO BE GETTING AFTER THAT.

BUT AGAIN, MY APOLOGIES AGAIN TO TONY FOR NOT KNOWING WHAT I WAS COMING UP HERE TO FIGHT.

UM, AND AGAIN, MY APOLOGIES AGAIN TO TONY, BECAUSE I HAD NO IDEA THAT IT WAS A, THAT TYPE OF, UH, DISTRIBUTION PROGRAM.

UM, I, SO I JUST WANT TO SAY AGAIN, I'M SORRY.

AND I, I FEEL THAT THE CITY COUNCIL SHOULD REEVALUATE IT AND UH, GIVE IT A SHOT, I THINK IS A GREAT IDEA.

THANK YOU.

THANK YOU.

ANYONE ELSE IN SUPPORTIVE WOULD LIKE TO COMMENT? ALL RIGHT.

OPEN IT UP BY ANYONE WHO WAS, UH, IN OPPOSITION YOU'D LIKE TO COME AND SPEAK ALL RIGHT.

SEE THAT THERE'S NO ONE, UH, CLOSED THE PUBLIC HERE.

EXCUSE ME, CLOSE THE PUBLIC HEARING CALL FOR COUNCIL QUESTIONS, DISCUSSION AND OR ACTION, MR. MAYOR.

UM, AS YOU KNOW, MY RECORD FOR MANY YEARS, AS WELL AS YOURS, I'VE BEEN A PERSON VOTING NO AGAINST THIS CONSISTENTLY, CONSISTENTLY, UH, BECAUSE OF MY PERSONAL BELIEFS, THEN WE HAD A COUNCIL MEETING.

WE DECIDED TO LET THE VOTERS DECIDE AND I GET AGREED BACK THEN THAT THE PUBLIC, LET THEM DECIDE WHAT THEY WANT TO DO WITH THESE FACILITIES.

AND OVERWHELMINGLY OUR PUBLIC HAD, HAD, HAD PASSED IT 67.4, 6%.

UH, NO WAS 32.54.

UM, I CAN TELL YOU, THESE HAVE BEEN WONDERFUL CITIZENS OF THE COMMUNITY.

THEY'VE MADE A DIFFERENCE.

UH, SO DESPITE MY PERSONAL VIEWS, UH, THE VOTERS HAVE SPOKEN AND THESE, THESE, UH, INDIVIDUALS HAVE JUST DONE A TREMENDOUS JOB IN THE COMMUNITY.

I'VE WITNESSED THAT FIRSTHAND AND I'VE WORKED ALONGSIDE THEM.

SO I WILL BE, UH, SUPPORTING THEM.

YOU KNOW, WHAT ELSE? I THINK THERE'S TWO OVERARCHING FACTORS HERE WITH THIS.

AND THAT IS THE FIRST OF COURSE IS PROPOSITION 64.

AND THE SECOND IS AS A MAYOR PRO TEM SAID A MEASURE W WHICH DID PASS WITH 67% OF THE VOTE.

AND I AM NOT ABOUT TO DISRESPECT THE WILL OF THE LA HABRA VOTERS.

I HAVE TREMENDOUS RESPECT FOR THEM.

AND I ALSO HAVE MY QUESTIONS ABOUT CANNABIS BUSINESSES AS WELL.

THEY'RE NOT MY FAVORITE, BUT, UH, I ALSO TOTALLY RESPECT THE DECISION OF THE VOTERS.

UH, AND OUR PREVIOUS EXPERIENCE WITH DISTRIBUTION FACILITIES SO FAR HAS BEEN FIVE STAR EIGHT PLUS.

SO NO ISSUES THERE, I'M MORE CONCERNED REALLY WITH THE IDEA THAT THE ONLY OBJECTION VOCALIZED FROM THE PLANNING COMMISSION HAD TO DO WITH THE DEVELOPMENT AGREEMENT.

AND THERE IS AN ISSUE THERE BECAUSE THAT'S A IRRELEVANT IN ESSENTIALLY INAPPROPRIATE OBJECTION TO THIS PROPOSAL BECAUSE THE DEVELOPMENT AGREEMENT IS AS WAS STATED, THE PURVIEW OF THE CITY COUNCIL AND NOT THE PLANNING COMMISSION, SO ABSENT ANY TECHNICAL ERRORS OR PROBLEMS WITH THE PROPOSED CUP.

IT IS WRONG TO DENY THESE FOLKS, THE CHANCE TO MAKE THIS WORK.

SO I WILL BE IN SUPPORT OF THE APPEAL AS WELL.

ANYONE ELSE? I JUST WANT TO SAY, THANK YOU VERY MUCH FOR

[00:45:01]

THE LETTER THAT WAS INCLUDED IN THE APPEAL APPEAL LETTER.

IT WAS VERY THOROUGH.

UM, I WAS SCRATCHING MY HEAD AT THE END AFTER I READ THE ENTIRE REPORT, BUT, UH, I'D LIKE TO THANK YOU FOR ALL THE INFORMATION THAT WAS PROVIDED.

IT REALLY HELPED.

AND I COULD SEE HOW POSSIBLY THERE WAS A CONFUSION FOR SOME, BECAUSE OF THE WORD VERBIAGE THAT WE'VE USED NON FRONT.

SOME PEOPLE MAY STILL THINK IT'S RETAIL AND, UH, SO I COULD SEE WHERE THAT CONFUSION LAID AS WELL.

BUT I THANK YOU FOR ALL THE INFORMATION AS WELL AS STAFF WITH THAT.

UH, DID HE WANT TO COMMENT? OKAY, GO AHEAD.

I'M SORRY.

THANK YOU.

SO, UH, THE SAME MR. DESIMONE, SIMONE, AND I'VE, I'VE, I'VE GONE ON THE RECORD, UH, IN THE PAST.

UM, AND I SHARE MY COLLEAGUES' SENTIMENT JUST THE SAME.

UM, BUT YOU KNOW, PROFESSIONALLY SPEAKING, I FOUGHT THE WAR ON DRUGS AND I'LL SAY IT AGAIN, UM, ALL DUE RESPECT TO YOU OF COURSE, INTO YOUR BUSINESS, UH, JUST THE SAME.

AND, UH, IT, UH, IT, IT BRINGS ME SOME SOLIDS OF COURSE, THAT OUR POLICE DEPARTMENT AND OUR CITY MANAGER AND SO ON AND SO FORTH HAVE, UH, HAVE VETTED THE BUSINESS AND, UH, WITH THAT, UH, YEAH, COUNCILMAN EXTERNALS, RIGHT.

PROP 64 BROUGHT ABOUT BY THE VOTERS OF THE STATE OF CALIFORNIA.

UM, AS MUCH AS I IN MY PROFESSIONAL CAPACITY, UH, MAY DISAGREE HOWEVER, SLIGHTLY OR NOT.

UH, THERE'S ALSO THE WILL OF THE VOTERS OF THE, UH, UH, THE CITY OF LA HABRA, 67 AND A HALF PERCENT OF THEM SAID, YES, THAT'S ALMOST THREE TO ONE.

UM, WHO AM I TO SAY THAT I KNOW BETTER THAN THEM? UH, JUST THE SAME, LIKE I SAID, PROFESSIONALLY SPEAKING, IT'S ONE THING.

AND, UH, YES, I'VE SEEN ENOUGH MARIJUANA TO LAST ME A LIFETIME INTO SMELL IT, AND IT GIVES ME A HEADACHE AND THAT'S JUST ME PERSONALLY, BUT I, UH, I TOO WE'LL, UH, WE'LL, UH, WE'LL, WE'LL BE VOTING FOR IT.

SO, I MEAN, JUST THE SAME.

UM, THERE SHOULD HAVE NEVER BEEN AN ISSUE, UH, BRINGING THIS FORWARD AND, UH, YES.

AND, UH, TO LEND YOUR CHARACTER, YOU LIVE IN MY NEIGHBORHOOD AND I SEE YOUR DAD WALKING AROUND FROM TIME TO TIME.

YOU GUYS HAVE ALWAYS BEEN GREAT.

SO WE APPRECIATE YOU AND THE CITY OF THE HARBOR, OF COURSE.

AND, UH, I WILL JUST SAY, AS I'VE SAID BEFORE, PLEASE CONTINUE TO TAKE CARE OF OUR CITY.

THANK YOU.

AND ANYONE ELSE.

OKAY.

ALL RIGHT.

OKAY.

UH, WITH THAT, AND AGAIN, I WANT TO THANK THOSE PEOPLE THAT CAME IN TO TESTIFY TO CLARIFY THINGS I'D LIKE TO MAKE A MOTION TO, UH, ADOPT AND APPROVE A RESOLUTION OF THE CITY OF CITY OF LA HABRA OVERRULING, THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT TWO, TWO DASH ZERO SEVEN FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1000 SOUTHWEST EAST STREET, SUITE D MAKING THE APPROPRIATE FINDINGS AND PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

I'D FURTHER LIKE TO MAKE A MOTION TO APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HARBOR ADOPTING THE DEVELOPMENT AGREEMENT.

UH, TWO, TWO DASH OH TWO, UH, BETWEEN THE CITY OF LAHABRA AND ON DECK DELIVERY, LLC FOR A NON-STORE FRONT RETAIL CANNABIS BUSINESS LOCATED 1000 SOUTH LESLIE STREET, SUITE D AS FOR THE ATTACHMENT, A AND JUST TO CLARIFY, THE RESOLUTION WOULD BE APPROVAL TO ADOPT AND FOR THE ORDINANCE, IT WOULD BE CONSIDERED AND APPROVED THE FIRST READING OF WHAT THE COUNCIL MEMBER A SELMA.

THANK YOU, DIANE IS OUR SECOND.

SORRY, I WILL SECOND.

WELL, THE COUNCIL PLEASE VOTE.

MOTION CARRIED UNANIMOUSLY.

ALL RIGHT.

NEXT ANIMAL

[2. DULY NOTICED PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT 22-01 FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 441 EAST IMPERIAL HIGHWAY, SUITE E That the City Council consider and approve the first reading of ORDINANCE NO. ____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT 22-01 BETWEEN THE CITY OF LA HABRA AND ESSENTIAL ROOTS LA HABRA, LLC FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 441 EAST IMPERIAL HIGHWAY, SUITE E. ]

IS A DULY NOTED AS PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT.

22 DASH 0 1 4, A NONE, NONE STOREFRONT RETAIL CANNABIS BUSINESS AT 4 41 EAST IMPERIAL HIGHWAY, SUITE E.

AND WE GET A STAFF REPORT, PLEASE.

SONIA, LOUIE, ONCE AGAIN, PRESENT THE COUNCIL WITH THIS NEXT ITEM.

THIS NEXT APPLICATION COMES TO YOU FROM A CENTRAL ROOTS LAHABRA LLC.

THEY ARE ALSO REQUESTING TO OPERATE A NON-STORE FRONT RETAIL CANNABIS BUSINESS FROM 6:00 AM TO 10:00 PM, SEVEN DAYS A WEEK.

UM, UNLIKELY PREVIOUS APPLICATION, THIS CUP IN DEVELOPMENT AGREEMENT WAS PRESENTED TO THE PLANNING COMMISSION WHO VOTED THREE, ONE TO

[00:50:01]

APPROVE CUP 22 DASH ZERO FIVE AND THE ASSOCIATED, UM, RECOMMENDED APPROVING THE ASSOCIATED DEVELOPMENT AGREEMENT.

22 DASH ZERO ONE.

I WON'T GO INTO THIS AS AGAIN, SIMILAR TO THE PREVIOUS APPLICATION LAHABRA, UM, MUSE COMMERCIAL CANNABIS BUSINESSES AND HAS ADOPTED A CODE BASED ON THE TIMELINE, INCLUDING THE STATE'S APPROVAL OF PROPOSITION 64, THE PASSAGE OF MEASURE W BY LAHABRA OPERAS VOTERS, AND, UM, THE CITY HAS ADOPTED NEW ZONING REQUIREMENTS UNDER CHAPTER TWO 18.22 OF THE LA MUNICIPAL CODE AS PREVIOUSLY NOTED.

UM, THE REGULATIONS INCLUDE THE ESTABLISHMENT OF A CANNABIS REVIEW BOARD.

AND THIS APPLICATION WAS ALSO SUBJECT TO A 45 DAY REVIEW PERIOD.

THE BOARD DID CONFIRM ESSENTIAL ROOTS.

LAHABRA LLC MET ALL OF THE CRITERIA, INCLUDING THE DESCRIPTION OF THE CORPORATE STRUCTURE, BUSINESS PLAN, SECURITY PLAN, SAFETY PLAN, AND A COMMUNITY BENEFITS PROPOSAL, ESSENTIAL ROOTS LAHABRA, WHICH IS LOCATED, WHICH WAS PROPOSED TO BE LOCATED AT 4 41 EAST IMPERIAL HIGHWAY, SUITE E IS LOCATED AS PART OF THE PLAN COMMERCIAL INDUSTRIAL ZONE OR PC ISO ZONE.

AND AS WELL AS THE PLAN UNIT DEVELOPMENT OVERLAY ZONE.

AGAIN, THIS OPERATE BUSINESS OPERATION INVOLVES HOME DELIVERY.

ONLY NO ONSITE SALES WOULD OCCUR.

PRODUCTS WOULD BE DISTRIBUTED FROM LICENSED MANUFACTURERS AND CULTIVATORS.

SIMILAR TO THE PREVIOUS APPLICATION.

SECURITY WILL BE PROVIDED ONSITE ON A 24 HOUR, SEVEN DAY WEEK BASIS.

HERE'S A FLOOR PLAN OF THE SUITE.

AGAIN, HIGHLIGHTED IN YELLOW IS THE SALLY PORT AREA WHERE DELIVERIES COULD BE DISCREETLY MADE FOR LOADING AND UNLOADING CANNABIS PRODUCT.

THIS PARTICULAR BUSINESS ANTICIPATES A TOTAL OF 27 EMPLOYEES ON A ROUTINE BUSINESS DAY.

THAT WOULD MEAN 16 EMPLOYEES ONSITE AS MANY OF THE EMPLOYEES WORK VARYING SHIFTS, AND THAT WILL INCLUDE NINE DELIVERY DRIVERS.

THE DEVELOPMENT AGREEMENT THAT'S BEFORE YOU HAS A PROJECTED REVENUE OF 2.8 MILLION OR ITS FIRST YEAR OF OPERATION IT'S ANTICIPATED, THAT WOULD EQUAL TO A COMMUNITY BENEFIT PAYMENT OF 0.5% ON ALL GROSS RECEIPTS, WHICH WOULD BE APPROXIMATELY $14,000 A YEAR.

IT'S ESTIMATED THE CITY WOULD BE ABLE TO COLLECT A CANNABIS BUSINESS TAX, WHICH WOULD EQUAL TO 3% OF ALL GROSS RECEIPTS OR APPROXIMATELY $84,000 A YEAR.

ONCE AGAIN, UM, BOTH THE APPLICANT'S LEGAL COUNSEL AND THE CITY ATTORNEY'S OFFICE REVIEWED THE DEVELOPMENT AGREEMENT AND LANGUAGE WAS ADDED IN THERE.

SHOULD THE BUSINESS OPERATOR CHANGE IN THE FUTURE? STAFF IS RECOMMENDING THE COUNCIL ADOPT THE RESOLUTION OF THE CITY COUNCIL, THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22 DASH ZERO FIVE OR A NON-STORE FRONT RETAIL CANNABIS BUSINESS AT 4 41 EAST IMPERIAL HIGHWAY, SUITE E MAKING THE FINDINGS.

I APOLOGIZE.

I MUST HAVE INADVERTENTLY LEFT.

THE SLIDE IN THE CONDITIONAL USE PERMIT WAS GRANTED AS APPROVED BY THE PLANNING COMMISSION.

THE RECOMMENDATION IS ACTUALLY FOR THE CITY COUNCIL TO ADOPT AN ORDINANCE.

UM, AND AS ITS FIRST READING FOR AN ORDINANCE OF THE CITY COUNCIL, THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT, 22 DASH ZERO ONE, BETWEEN THE CITY OF LA HABRA AND A CENTRAL ROOTS LAHABRA LLC FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 4 41 EAST IMPERIAL HIGHWAY, SUITE E AS PER ATTACHMENT, A THIS CONCLUDES STAFF'S REPORT.

AND AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE ANY QUESTIONS

[00:55:01]

FROM COUNCIL.

SEEING NONE.

I'LL OPEN IT UP FOR PUBLIC HEARING, ASK ALL THOSE WHO SPEAK TO PLEASE GIVE THEIR NAME AND ADDRESS FOR THE RECORD AND NOT BE REDUNDANT IN THEIR TESTIMONY.

IF I CAN INVITE THOSE IN SUPPORT TO SPEAK, PLEASE COME UP NOW.

GOOD EVENING.

MAYOR COUNCIL MEMBERS AND STAFF.

MY NAME IS CHAD IVANKA.

I'M THE PRINCIPAL AT ORBIS PUBLIC AFFAIRS, AND I'M A MUNICIPAL CANNABIS POLICY EXPERT.

I'M HERE ON BEHALF OF ESSENTIAL ROUTES.

UH, THIS PROJECT HAS BEEN HEARD FROM, BY THE PLANNING COMMISSION.

WE WENT THROUGH EXTENSIVE DISCUSSIONS ON A TRAFFIC, WHICH WAS ONE OF THE LARGEST ISSUES THERE.

THE TYPES OF DELIVERIES WE WERE GOING TO HAVE, UM, HOW MANY STAFF WERE GOING TO BE ON SITE, WHETHER IT WOULD IMPACT PARKING.

AND, UH, IN SPEAKING WITH THE PROPERTY OWNER TODAY, I WANTED TO CLARIFY FOR YOU THAT THIS BUSINESS IS ACTUALLY GOING TO REDUCE THE TRAFFIC ON THE SITE.

THIS SITE HAS QUITE A FEW AUTOMOTIVE USES AND YOU KNOW, VEHICLES WILL SIT OVER TIME AS MECHANICS, WAIT FOR PARTS.

UM, SO HE HAS A NEED AND THE AREA HAS A NEED FOR REDUCTION IN THE AMOUNT OF TRAFFIC AND THE REDUCTION IN THE AMOUNT OF VEHICLES THAT ARE SITTING AROUND ON THE PROPERTY.

SO THIS PROJECT WILL ACTUALLY REDUCE THE NUMBER OF, UH, VEHICLES PARKED ON SITE, AND IT WILL REDUCE THE NUMBER OF TRIPS PER DAY.

SO THE DELIVERY, THE DELIVERY DRIVERS WILL TAKE THEIR ORDERS, GET THE DELIVERIES AND, UM, GO OUT AND DRIVE AROUND.

THEY'RE NOT GOING BACK AND FORTH, UH, MULTIPLE TIMES PER DAY, YOU KNOW, ONE TRIP PER DELIVERY.

UM, SO WE'RE ASKING YOU THAT YOU APPROVE THIS AS IT WAS APPROVED BY THE PLANNING COMMISSION AND I AM AVAILABLE IF ANYBODY HAS ANY QUESTIONS.

THANK YOU.

THANK YOU.

ANYONE ELSE IN SUPPORT WISHES TO SPEAK? ALRIGHT, SEE NONE, UH, AND INVITE THOSE IN OPPOSITION TO SPEAK.

ALL RIGHT.

SEE, NONE.

I'LL CLOSE THE PUBLIC HEARING CALL FOR COUNCIL QUESTIONS, DISCUSSION AND OR ACTION.

OKAY.

MR. MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAHABRA ADOPTING A DEVELOPMENT AGREEMENT.

2, 2 0 1 BETWEEN THE CITY OF ALHAMBRA AND ESSENTIAL ROUTES TO LAHABRA LLC FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 4 41 EAST IMPERIAL HIGHWAY, SUITE E.

THIS WAS A FIRST ROOTING.

NON-APPROVAL CORRECT.

I'LL SECOND.

WHAT WILL THE COUNCIL PLEASE VOTE? MOTION CARRIED UNANIMOUSLY.

[3. DULY NOTICED PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT 22-03 FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 536 WEST MOUNTAIN VIEW AVENUE, SUITE B That the City Council consider and approve the first reading of ORDINANCE NO. ____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT 22-03 BETWEEN THE CITY OF LA HABRA AND JP420, LLC, FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 536 WEST MOUNTAIN VIEW AVENUE, SUITE B.]

ALL RIGHT.

NEXT ITEM UP IS DULY NOTICED PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT.

22 DASH 0 3 4, A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 5 36 WEST MOUNTAIN VIEW AVENUE, SUITE B WE'RE CAN HAVE A STAFF REPORT, PLEASE.

THANK YOU.

HONORABLE MAYOR.

PLEASED TO PRESENT TO YOU THIS REQUEST FROM JP FOUR 20 LLC.

ONCE AGAIN, THIS IS A REQUEST FOR NON STOREFRONT RETAIL CANNABIS BUSINESS, WHICH WOULD OPERATE FROM 8:00 AM TO 10:00 PM, SEVEN DAYS A WEEK.

THE COMMISSION REVIEWED THE CONDITIONAL USE PERMIT AND RECOMMENDED APPROVAL.

AND I'M SORRY, THE PLANNING COMMISSION VOTED THREE ONE TO APPROVE CONDITIONAL USE PERMIT 22 DASH 11 AND RECOMMENDED APPROVAL OF THE ASSOCIATED DEVELOPMENT AGREEMENT.

22 DASH ZERO THREE.

I WON'T TAKE THE COMMISSION'S TIME TO GO THROUGH THIS AGAIN.

UM, SO IT WAS, WAS THERE ANY CONCERNS OR ANYTHING DIFFERENT WITH THIS ONE AND AS YOU MOVE FORWARD WITH, AS HE SAID, HE DIDN'T WANT TO BE REDUNDANT.

WAS THERE ANYTHING THAT YOU NEED TO MAKE THE COUNCIL AWARE OF THAT YOU HAVE CONCERNED ABOUT WITH THIS UPCOMING ONE THAT WE HAVE THE COMMISSION DID NOT RAISE ANY PARTICULAR CONCERNS AND NOR WERE THERE ANY, UM, SPECIAL PUBLIC COMMENTS MADE REGARDING THE APPLICATION? UM, THIS PARTICULAR SITE IS PART OF THE LIGHT MANUFACTURING AND ONE ZONE.

IT IS TO BE LOCATED IN UNIT B, UM, ADJACENT TO AN, UH, JUST PINNACLE DISTRIBUTION, WHICH IS OPERATED BY THE SAME APPLICANT.

AGAIN, THEY'RE FOLLOWING MANY OF THE SAME PROCEDURES AND STEPS FOR HANDLING ALL CANNABIS PRODUCTS INTERNALLY WITHIN THE BUILDING.

THEY HAVE

[01:00:01]

TO HAVE ANTICIPATE 10 EMPLOYEES THAT INCLUDES SEVEN EMPLOYEES ON SITE AND THREE DELIVERY DRIVERS WITH THE SALLY PORT HIGHLIGHTED IN YELLOW, UNDER THE DEVELOPMENT AGREEMENT.

THE PROJECTED REVENUE FOR FIRST YEAR OF OPERATION IS $900,000 COMMUNITY BENEFIT PAYMENT OF 0.5% OF ALL GROSS RECEIPTS IS APPROXIMATELY $4,500 A YEAR.

AND THE ANTICIPATED CANNABIS BUSINESS TAX EQUAL TO 3% OF ALL GROSS RECEIPTS WOULD BE APPROXIMATELY $27,000 A YEAR.

UH, THE DEVELOPMENT AGREEMENT WAS REVIEWED BY THE CITY ATTORNEY, UM, AS WELL AS THE APPLICANT'S COUNSEL STAFF IS RECOMMENDING THAT COUNCIL ADOPT AN ORDINANCE.

FIRST READING THE CITY COUNCIL, THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT, NUMBER 22 DASH ZERO THREE, BETWEEN THE CITY OF LA HABRA AND JP FOUR 20 LLC, OR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 5 36 WEST MOUNTAIN VIEW AVENUE, SUITE B AS PER ATTACHMENT, A THIS CONCLUDES STAFF'S REPORT.

ANY QUESTIONS FROM COUNCIL? I HAVE ONE QUESTION IN THIS, JUST OUT OF CURIOSITY AND NOTICE WITH CANADA AMERICA AND ON DECK.

UH, SO THESE ARE THE, UH, UH, PINNACLE AND JP FOUR 20 ARE THE SAME BUSINESS, CORRECT? WHY THE DIFFERENT NAMES, JUST OUT OF CURIOSITY, IS THERE ANY PARTICULAR YEAH, IF YOU DON'T MIND JUST, UH, THEY ARE SEPARATELY SEPARATELY.

WHY DON'T YOU COME UP TO THE MICROPHONE SO WE CAN GET ON RECORD? UH, MY NAME IS JANNA RYAN, UH, COUNSEL FOR JP FOUR 20 AND PINNACLE WELLNESS GROUP.

UM, THE QUESTION WAS, UH, WHY WAS THERE TWO DIFFERENT NAMES? THE REASON WAS, IS THAT PINNACLE WELLNESS GROUP WAS, UH, AN APPLICATION PROCESS THAT STARTED PRIOR TO A JP FOUR 20.

UM, THEY ARE SEPARATE BUSINESSES OPERATING UNDER INDEPENDENT LICENSES, UM, SUBJECT TO DIFFERENT REGULATIONS FOR THE PARTICULAR LICENSES THAT THEY ARE.

SO IT WOULD BE, IT FELT APPROPRIATE TO HAVE A NAME DISTINCTION BETWEEN THE TWO AND A PRINCIPLE, UH, OF THE BUSINESS, UH, WHO COULD NOT BE HERE TONIGHT.

HE HAD TO BE AT A FAMILY EMERGENCY OUTSIDE OF THE COUNTRY.

THAT'S WHY I AM MAKING AN APPEARANCE ON HIS BEHALF.

THANK YOU VERY MUCH.

ANYONE ELSE FROM COUNCIL? NO.

ALL RIGHT.

UH, UH, OPEN IT UP TO A PUBLIC HEARING, ASK ALL THOSE WHO SPEAK TO PLEASE GIVE THEIR NAME AND ADDRESS FOR THE RECORD AND NOT TO BE REDUNDANT IN THEIR TESTIMONY AND INVITE TO INVITE THOSE IN SUPPORTIVE TO SPEAK QUITE SIR.

OKAY.

THANK YOU AGAIN, MY NAME IS JANNA RYAN.

I AM COUNSEL FOR A JP FOR 20.

UM, I'LL KEEP THIS BRIEF, BUT, UM, I WANTED TO JUST MENTION ON BEHALF OF, UH, JACOB, WHO'S THE CALLA, THE PRINCIPAL OF THIS BUSINESS THAT, UM, MR. IS A, UH, LAHABRA RESIDENT.

HE LIVES MAYBE A MILE AND A HALF FROM THIS BUILDING.

UM, HAS, YOU KNOW, RAISES HIS CHILDREN OUT HERE AND IS, UH, TAKES, UH, THE HEALTH AND THE SAFETY OF THE COMMUNITY VERY SERIOUSLY.

UM, AND HIS, YOU KNOW, HUMBLY REQUESTS THAT YOU KNOW, THAT THE COUNCIL, YOU KNOW, GIVE THEM DUE CONSIDERATION AND LOOK AT HIS, UH, PREVIOUS TRACK RECORD WITH A PINNACLE WELLNESS GROUP.

UM, IT'S OPERATED WITHOUT ANY ISSUES, UH, FOR A SIMILAR TIME TO THE PREVIOUS DISTRIBUTION COMPANIES THAT WERE, UH, MENTIONED, UH, DURING THIS HEARING TODAY.

AND, UH, WE THANK YOU FOR YOUR CONSIDERATION.

THANK YOU.

ANYONE ELSE? UH, IN SUPPORT OF WISHING TO SPEAK, SEE NO ONE NOW OPEN IT UP TO ANYONE IN OPPOSITION TO SPEAK.

ALRIGHT.

SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING AND CALL FOR COUNCIL QUESTIONS, DISCUSSION AND OR ACTION.

I WOULD LIKE TO MAKE A MOTION TO APPROVE THE FIRST READING OF ORDINANCE AND TITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA BARBARA ADOPTING DEVELOPMENT AGREEMENT.

22 OH DASH OH THREE, BETWEEN THE CITY OF LA BARBARA AND JP 4 2 0 LLC FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 5 36 WEST MOUNTAIN VIEW AVENUE, SUITE B.

WE HAVE A SECOND.

WHAT WILL THE COUNCIL PLEASE VOTE? MOTION CARRIED UNANIMOUSLY VERY WELL.

THE NEXT ITEM

[4. DULY NOTICED PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT 22-04 FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 1721 EAST LAMBERT ROAD, SUITE A That the City Council consider and approve the first reading of ORDINANCE NO. ____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT 22-04 BETWEEN THE CITY OF LA HABRA AND SHRYNE LA HABRA, LLC (DBA - BLAZE) FOR A NON-STOREFRONT RETAIL CANNABIS BUSINESS AT 1721 EAST LAMBERT ROAD, SUITE A.]

UP IS A DULY NOTICED PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR DEVELOPMENT AGREEMENT, 22 DASH ZERO FOUR FOR A NON STOREFRONT RETAIL CANNABIS

[01:05:01]

BUSINESS AT 1 71 EAST LAMBERT ROAD, SUITE A CAN WE HAVE A STAFF REPORT, PLEASE? ONCE AGAIN, THIS IS VERY SIMILAR REQUESTS.

I'M GOING TO JUMP AHEAD.

THE APPLICATION, UM, IS BY SHRINE LAHABRA LLC OR THE DBA KNOWN AS BLAZE.

THEY'RE LOOKING TO LOCATE IT WITHIN THE LIGHT MANUFACTURING ZONE.

THEY'RE LOOKING AT OCCUPIED SUITE A AND HERE'S A FLOOR PLAN.

UM, ALL PRODUCTS WILL BE HANDLED INTERNALLY WITHIN THE BUILDING.

THE SALLY PORT, ONCE AGAIN IS HIGHLIGHTED IN YELLOW.

THEY ANTICIPATE A TOTAL OF 10 EMPLOYEES ON SITE, AND THAT INCLUDES FIVE DELIVERY DRIVERS.

UNDER THE DEVELOPMENT AGREEMENT.

THEY'RE LOOKING FOR THEIR FIRST YEAR OF OPERATION TO HAVE APPROXIMATELY A PROJECTED REVENUE, APPROXIMATELY $8.1 MILLION, A COMMUNITY BENEFIT PAYMENT EQUAL TO 0.5% OF ALL GROSS RECEIPTS, WHICH TRANSLATE TO APPROXIMATELY $40,500 A YEAR.

THEY'RE ANTICIPATING A CANNABIS BUSINESS TAX EQUAL TO 3% OF ALL GROSS RECEIPTS, WHICH TRANSLATES TO APPROXIMATELY $243,000 A YEAR.

UH, ONCE AGAIN, THE DEVELOPMENT AGREEMENT WAS REVIEWED BY THE CITY ATTORNEY AND THE APPLICANT'S COUNSEL AND CITY STAFF IS RECOMMENDING THAT THE COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL, THE CITY OF LA HOMBRE ADOPTING DEVELOPMENT AGREEMENT, 22 DASH ZERO FOUR, BETWEEN THE CITY OF LA HAVA AND SHRINE LAHABRA LLC DBA BLAZE FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1 7 2 1 EAST LAMBERT ROAD, SUITE A, UM, AS PER ATTACHMENT, A, THIS CONCLUDES STAFF'S REPORT.

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE ANY QUESTIONS FROM COUNCIL.

ALL RIGHT, SEEING NONE, I'LL OPEN IT UP PUBLIC HEARING, ASK ALL THOSE WHO SPEAK TO PLEASE GIVE THEIR NAME AND ADDRESS FOR THE RECORD AND I'LL BE REDUNDANT THEIR TESTIMONY, AND I'D LIKE TO INVITE THOSE IN SUPPORT TO SPEAK.

I, UM, GOOD EVENING, MAYOR COUNCIL MEMBERS.

MY NAME IS CYRUS PI.

I'M A DIRECTOR OF DEVELOPMENT FOR SHRINE GROUP, THE APPLICANT.

UM, JUST WANTED TO TOUCH YOU GUYS, GIVE YOU A LITTLE BRIEF INTRO ON WHO WE ARE IS, UM, WE'RE EXCITED TO OPEN UP OUR BUSINESS IN THIS COMMUNITY.

UM, WE'RE A FULLY VERTICALLY-INTEGRATED CANNABIS COMPANY BASED OUT OF LOS ANGELES.

UM, WE DO EVERYTHING FROM CULTIVATION RETAIL, AND WE HAVE BEEN OPERATING DELIVERIES SINCE FEBRUARY 20, 20, UM, MOSTLY OUT OF OUR LOS ANGELES HUB.

UM, AND YOU KNOW, WE'VE, UM, BEEN IN THIS A WHILE.

WE'RE EXCITED TO, UM, TO OPEN UP HERE AND IN THE HARBOR, WE SPENT A LONG TIME LOOKING FOR THE RIGHT LOCATION.

AND, UM, YEAH, WE FEEL LIKE THIS IS A, UM, YOU KNOW, THIS IS A VERY SUITABLE LOCATION AWAY FROM ANY SENSITIVE USES, UM, SECURE, AND WE'RE GOING TO BE COMPLIANT IN ALL OUR, UM, LOCAL MUNICIPAL CODE AND WHATNOT.

SO, UM, I'M HERE TO ANSWER ANY QUESTIONS OR THANK YOU ANYBODY ELSE, UH, IN A SUPPORTIVE THAT WISHES TO SPEAK.

ALRIGHT, SEE, NONE, ANYBODY IN OPPOSITION, THE WISH TO SPEAK, SEEING NONE I'LL CLOSE THE PUBLIC HEARING CALL FOR COUNCIL QUESTIONS, DISCUSSION AND OR ACTION.

MR. MAYOR, IF I MAY, I WOULD MOVE THAT THE CITY COUNCIL AND APPROVE THE FIRST READING OF AN ORDINANCE TO THE CITY COUNCIL OF THE CITY OF LAHABRA ADOPTING DEVELOPMENT AGREEMENT.

TWO, TWO DASH ZERO FOUR, BETWEEN THE CITY OF LA HABRA AND SHRINE LAHABRA LLC DBA BLAZE FOR A NON STOREFRONT RETAIL CANNABIS BUSINESS AT 1721 EAST LAMBERT ROAD, SUITE A I'LL SECOND.

IT, WELL, THE COUNCIL PLEASE VOTE MOTION CARRIED UNANIMOUSLY.

NEXT

[1. CONSIDER INITIATION OF AMENDMENTS TO TITLE 18 (ZONING) OF THE LA HABRA MUNICIPAL CODE TO FURTHER STREAMLINE THE APPROVAL PROCESS FOR OUTDOOR DINING AREAS That the City Council provide direction to the Director of Community and Economic Development to prepare a draft ordinance to amend the La Habra Municipal Code to further streamline the approval process for outdoor dining areas.]

UP CONSIDERATION ITEMS. ANY MEMBER OF THE AUDIENCE MAY REQUEST TO ADDRESS THE LAHABRA CITY COUNCIL ON ANY CONSIDERATION ITEM PRIOR TO THE HARBOR CITY COUNCIL, TAKING A FINAL VOTE ON THE ITEM.

PUBLIC COMMENT SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH THE 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 LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

THE FIRST AND ONLY ITEM UP IS TO CONSIDER INITIATION OF AMENDMENTS

[01:10:01]

TO TITLE 18 ZONING OF THE LA HARBOR MUNICIPAL CODE TO FURTHER STREAMLINE THE APPROVAL PROCESS FOR OUTDOOR DINING AREAS.

MAYBE WE HAVE A SEPARATE BOARD PLEASE.

YES, GOOD EVENING.

MAYOR AND MEMBERS OF CITY COUNCIL.

I'M SUSAN KIM, THE DIRECTOR OF COMMUNION ECONOMIC DEVELOPMENT.

THIS IS A REQUEST FOR A CITY COUNCIL TO INITIATE A ZONING CODE AMENDMENT TO FURTHER STREAMLINE THE APPROVAL PROCESS FOR OUTDOOR DINING AREAS.

EARLIER THIS YEAR, YOU MAY RECALL THAT YOU APPROVED AMENDMENTS TO THE ZONING CODE TO HELP LOCAL RESTAURANTS WITH TEMPORARY OUTDOOR DINING AREAS.

REPLACE THESE AREAS WITH PERMANENT DINING AREAS.

THE AMENDMENTS ALLOWED A TWO TIER APPROVAL PROCESS, OUTDOOR DINING AREAS THAT WERE EQUAL OR LESS TO 25% OF THE TOTAL FLOOR AREA OF THE RESTAURANT WERE SUBJECT TO THE APPROVAL OF AN ADMINISTRATIVE ADJUSTMENT BY THE COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, AND DID NOT REQUIRE ANY ADDITIONAL PARKING OUTDOOR DINING AREAS THAT WERE GREATER THAN 25% OF THE TOTAL FLOOR AREA WERE SUBJECT TO THE APPROVAL OF CONDITIONAL USE PERMIT MODIFICATION AND REQUIRED APPROVAL OF A PARKING STUDY TO SHOW THAT THERE WAS ENOUGH PARKING TO ACCOMMODATE THE EXPANDED SPACE.

IN ADDITION, IF A RESTAURANT WOULD LIKE TO SERVE ALCOHOL WITHIN THE PROPOSED OUTDOOR DINING AREA, A SEPARATE CONDITIONAL USE PERMIT MODIFICATION WOULD BE REQUIRED.

THE FEE TO THE PROCESS AND ADMINISTRATIVE ADJUSTMENT IS JUST OVER $300.

AND THE FEE TO PROCESS A CONDITIONAL USE PERMIT MODIFICATION IS OVER $4.

THERE ARE ONLY FOUR PERMITTED, TEMPORARY OUTDOOR DINING AREAS THAT REMAIN IN PLACE AT THIS TIME.

IF THESE RESTAURANTS WERE TO REPLACE THEIR TEMPORARY OUTDOOR DINING AREAS WITH PERMANENT AREAS, STAFF HAS DETERMINED THAT TWO RESTAURANTS WOULD BE SUBJECT TO AN ADMINISTRATIVE ADJUSTMENT AND TWO WOULD REQUIRE A CONDITIONAL USE PERMIT MODIFICATION IN ORDER TO FURTHER STREAMLINE THE APPROVAL PROCESS FOR OUTDOOR DINING AREAS.

STAFF IS RECOMMENDING THAT CITY COUNCIL DIRECT STAFF TO INITIATE AS AN AMENDMENT TO THE ZONING CODE TO MODIFY THE APPROVAL PROCESS FOR OUTDOOR DINING AREAS, INCLUDING OUTDOOR DINING AREAS WITH THE SALE OF ALCOHOL, TO BE SUBJECT TO THE APPROVAL OF AN ADJUSTMENT WITH NO ADDITIONAL PARKING REQUIREMENTS.

IF THE OUTDOOR DINING AREAS 50% OR LESS OF THE RESTAURANTS, TOTAL INTERIOR FLOOR AREA, AND SUBJECT TO A CONDITIONAL UNIT USE PERMIT MODIFICATION AND A PARKING STUDY.

IF THE OUTDOOR DINING AREA IS GREATER THAN 50% OF THE RESTAURANTS, TOTAL INTERIOR FLOOR AREA WITH THE ABOVE MODIFICATIONS TO THE APPROVAL PROCESS, STAFF BELIEVES THAT THE FOUR REMAINING OUTDOOR DINING AREAS WOULD BE SUBJECT TO THE APPROVAL OF AN ADMINISTRATIVE ADJUSTMENT.

SO THEY WOULD NOT REQUIRE A CONDITIONAL UNIT USE PERMIT MODIFICATION, WHICH DOES TAKE EXTRA TIME, EXTRA MONEY IN THE PROCESS FOR THESE BUSINESSES.

AND SO THIS WOULD HELP REDUCE BOTH THE PERMITTING TIME AND COST FOR THESE BUSINESS OWNERS, AS WELL AS FOR OTHER RESTAURANTS THAT WOULD LIKE TO PROVIDE OUTDOOR DINING AREAS IN THE FUTURE.

AND SO WITH THAT, I WOULD RECOMMEND APPROVAL OF THE INITIATION OF THIS UPCODING EVEN IF IT IS INITIATED, IT WILL GO BACK BEFORE THE PLANNING COMMISSION FOR RECOMMENDATION, AND THEN COME BACK TO YOU FOR APPROVAL AS AN ORDINANCE FIRST AND SECOND READING.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

YOU MIGHT HAVE ANY QUESTIONS FROM COUNCIL, A BRIEF COMMENT TO SUE.

ACTUALLY, I JUST, I I'M LOVING THIS BECAUSE SO MANY RESTAURANTS COMING OUT OF THE PANDEMIC ARE HAVING SUCH A HARD TIME.

AND NOW TO THE EXTENT THAT THEY'RE THEIR POTENTIAL COSTS FOR THESE KINDS OF ADJUSTMENTS ARE DROPPING FROM 4,300 FOR A POTENTIAL CUP DOWN TO 334 IS, IS A WONDERFUL THING.

SO THANK YOU FOR THE HARD WORK WITH THIS.

AND IT'S A GREAT IDEA.

I JUST WANTED TO SAY THAT ANYONE ELSE ALRIGHT.

I'D LIKE TO INVITE THE PUBLIC TO TESTIFY AND PLEASE GIVE THEIR NAME AND ADDRESS FOR THE RECORD.

ANYBODY WISHING TO TESTIFY ON THE ITEM? ALRIGHT, SEE NO ONE CALL FOR COUNCIL DISCUSSION AND OR ACTION.

MR. MAYOR, I'D LIKE TO MAKE A MOTION TO DIRECT STAFF TO INITIATE AN AMENDMENT TO THE ZONING CODE, TO MODIFY THE APPROVAL PROCESS FOR RESTAURANT OUTDOOR DINING AREAS, INCLUDING THE OUTDOOR DINING AREAS WITH THE SALE OF ALCOHOL, TO BE SUBJECT TO THE APPROVAL OF AN ADMINISTRATIVE ADJUSTMENT WITH NO ADDITIONAL PARKING REQUIREMENTS.

IF THE OUTDOOR DINING AREAS 50% OR LESS OF THE RESTAURANTS, TOTAL INTERIOR FLOOR AREA, AND THE SUBJECT TO A CUP MODIFICATION AND A PARKING STUDY.

IF THE OUTDOOR DINING AREAS GREATER THAN 50% OF THE RESTAURANTS, TOTAL INTERIOR FLOOR AREA SECOND.

ALL RIGHT, WELL THE COUNCIL PLEASE VOTE.

MOTION CARRIED UNANIMOUSLY VERY WELL.

ALL RIGHT.

MAYORS

[ MAYOR'S COMMUNITY CALENDAR:]

COMMUNITY CALENDAR, LOCAL COVID-19 TESTING, VACCINATION AND BOOSTER SHOT APPOINTMENTS ARE AVAILABLE AT THE LA HARBOR COMMUNITY CENTER.

DESTINY OCCURS MONDAY THROUGH THURSDAY BETWEEN THE HOURS OF 7:00 AM TO 6:00 PM AND FRIDAY 7:00 AM TO 5:00 PM CLOSED WEEKENDS APPOINTMENTS, VACCINATION AND BOOSTERS ARE AVAILABLE MONDAY THROUGH THURSDAY, 10:00 AM TO 5:00 PM CLOSED FRIDAY, SATURDAY, AND SUNDAY.

FOR MORE INFORMATION, PLEASE CONTACT THE COMMUNITY SERVICES DEPARTMENT AT 5 6 2 3 8 3 4 2 0 0.

[01:15:03]

BRING YOUR FRIENDS AND FAMILY TO JOIN US AT PORTOLA PARK TOMORROW EVENING, TUESDAY, AUGUST 2ND FOR NATIONAL NIGHT OUT AN ANNUAL EVENT CELEBRATED ACROSS THE COUNTRY THAT EMPHASIZES PUBLIC SAFETY AND THE SPIRIT OF THE COMMUNITY.

WHEN IS PUBLIC SAFETY DEMOS BY THE MEN AND WOMEN AT LITTLE HARBOR POLICE DEPARTMENT, TAKE PART IN AN ASSORTMENT OF FAMILY FRIENDLY ACTIVITIES, SAMPLE SOME TASTY MORSELS AND RECEIVE FREE ADMISSION TO THE HOBBIT CHILDREN'S MUSEUM.

EXCUSE ME.

WHEN THE SUN GOES DOWN, PLAN TO STICK AROUND FOR A FREE SCREEN OF THE MOVIE AND GUSTO FOR MORE INFORMATION, PLEASE CALL 5 6 2 3 8 3 4 2 0 0.

THE PLAN THEN PLAN TO COME BACK TO PORTOLA PARK.

THIS THURSDAY EVENING, AUGUST 4TH FOR OUR LAST CONCERT IN THE PARK.

THE FEATURE PERFORMER FOR OUR FINAL SUMMER SHOW WILL BE 24 K MAGIC.

A BRUNO MARS TRIBUTE SHOW BEGINS AT 7:00 PM.

SO PLAN TO ARRIVE EARLY, BRING YOUR LAWN SEATS OR BLANKET.

AND DON'T FORGET THAT THE ALLIANCE CLUB IS OUT THERE COOKING FOOD.

UM, SO THEY COOK HAMBURGERS, HOT DOGS AND SAVE ROOM FOR SOME FUNNEL CAKES.

SO MAKE SURE YOU DO THAT AND VISIT WWW.LAHABRACA.GOV FOR MORE INFORMATION SUPPORT LAHABRA SENIOR PROGRAMS BY ATTENDING ELABORATE HOST LIONS CLUB, PASTA FEST IN-CAR SHOW AT THE LA HABRA COMMUNITY CENTER AT 5:00 PM.

THIS SATURDAY EVENING, AUGUST 6TH, PASTA FEST IS JUST $25 PER PERSON.

ALL PROCEEDS DIRECTLY BENEFITS IN YOUR PROGRAMS ADMINISTERED BY THE LA HARBOR COMMUNITY SERVICES DEPARTMENT.

ATTENDEES WILL ENJOY ITALIAN CUISINE, A CAR SHOW, RAFFLE AND ESCAPE ROOM DONATIONS AND SPONSORSHIPS ARE GREATLY ACCEPTED BY THE LION'S CLUB, BE THERE AND HELP US SUPPORT LOCAL SENIOR PROGRAMS. AND ALL OF A SUDDEN WE'RE MAYBE WINDING DOWN THE CITY'S MOVING.

THE PARK SERIES IS STILL GOING STRONG.

JOIN US FOR THE NEXT FREE MOVIE IN THE SERIES, WHICH WILL BE SPIDER-MAN NO WAY HOME SCREENING AT EL CENTRAL LION'S PARK.

ON FRIDAY, AUGUST 19TH, THE FUN BEGINS AT 6:30 PM AND THE MOVIE STARTS AT DUSK ADDITIONAL MOVIES AND LOCATIONS FOR THE MOVIE IN THE PARK SERIES WILL BE ANNOUNCED ON THE CITY'S WEBSITE@WWWDOTLAHABRACA.GOV.

FOR MORE INFORMATION, PLEASE CALL 5 6 2 3 8 3 4 2 0 0.

AND THERE'S A REMINDER FOR EACH OF US.

WATER CONSERVATION MEASURES ARE NOW IN EFFECT.

IRRIGATION IS LIMITED TO THREE TIMES PER WEEK WITH NO MORE THAN 15 MINUTES WATERING PER STATION AND NO RUNOFF.

PLEASE NOTE THE LINE.

IRRIGATION IS PROHIBITED BETWEEN THE HOURS OF 9:00 AM AND 6:00 PM AS IS THE WASHING OF HEART SURFACES SUCH AS SIDEWALKS AND DRIVEWAYS.

FOR MORE INFORMATION AND TIPS ON HOW YOU CAN HELP CONSERVE WATER DURING THE DROUGHT, PLEASE CONTACT THE LAB OR PUBLIC WORKS DEPARTMENT AT 5 6 2 3 8 3 4 1 7 0 SMALL BUSINESSES AND RESIDENTIAL HOUSEHOLDS.

ARE YOU IN NEED OF ASSISTANCE TO MITIGATE THE FINANCIAL HARDSHIPS CAUSED BY COVID-19 THE LA THE CITY OF LA HABRA WANTS TO HELP USING FEDERAL FUNDING MADE AVAILABLE THROUGH AMERICAN RESCUE PLAN ACT ALSO KNOWN AS ARPA-E.

THE CITY OF LA HARBOR HAS ESTABLISHED GRANT PROGRAMS THAT CAN ASSIST OUR SMALL BUSINESSES AND RESIDENTIAL HOUSEHOLDS ELIGIBLE.

SMALL BUSINESSES MAY APPLY FOR UP TO $10,000 IN ASSISTANCE TO SUPPORT THEIR BUSINESS OPERATIONS.

IN ADDITION, ELIGIBLE, RESIDENTIAL HOUSEHOLDS MAY APPLY FOR UP TO $2,500 TO PAY FOR MORTGAGE RENT AND UTILITY BILLS.

FUNDING IS AVAILABLE ON A FIRST COME FIRST SERVE BASIS AND CONDITIONS APPLY FOR MORE INFORMATION, PLEASE VISIT US ONLINE@WWWDOTLAHABRACA.GOV OR CALL 7 1 4 7 5 8 5 0 6 2.

AND LASTLY, USING OUR ARPA CITY FUNDS, EXCUSE ME, OUR ARPA FUNDS.

THE CITY HAS ALSO ESTABLISHED AN ASSISTANCE PROGRAM FOR LOCAL NONPROFITS THAT ARE EXPERIENCING FINANCIAL HARDSHIP CAUSED BY THE COVID PANDEMIC ELIGIBLE NON-PROFITS MAY APPLY FOR UP TO $25,000 PER APPLICANT ON A FIRST COME FIRST SERVE BASIS.

APPLICATIONS ARE AVAILABLE@THELAHARBORCOMMUNITYCENTERDURINGNORMALBUSINESSHOURSORONLINEATWWWDOTTHEHARBORCA.GOV CONDITIONS APPLY.

SO IF YOU HAVE QUESTIONS, PLEASE CONTACT US BY EMAIL@LAHABRANONPROFITREQUESTSATLAHABRACA.GOV.

AND I'LL SAY IT AGAIN.

LAHABRA NONPROFIT REQUEST@LAHABRACA.GOV OR CALL 5 6 2 3 8 3 4 2 0 0.

ANY COMMENTS FROM STAFF, NON MR. MAYOR COMMENTS

[ COMMENTS FROM COUNCILMEMBERS:]

FROM COUNCIL MEMBERS, MR. MAYOR, IF I COULD, UM, AS THE COUNCIL KNOWS, WE RECENTLY APPROVED A CURRENT FISCAL YEAR BUDGET, UH, WHICH INCLUDES A $20,000 GENERAL FUND LINE ITEM TO SUPPORT OUR LOCAL CHAMBER OF COMMERCE.

UH, I WOULD LIKE TO ASK STAFF TO INVITE THE CHAMBER OF COMMERCE CEO AND EXECUTIVE BOARD CHAIR TO COME TO OUR NEXT COUNCIL MEETING IN AUGUST SO THAT THEY CAN PROVIDE US WITH SOME IDEA OF HOW THEY WILL BE UTILIZING THESE PUBLIC FUNDS TO HELP DEVELOP AND RETAIN LOCAL BUSINESSES IN OUR COMMUNITY.

SAM, I'M GLAD YOU'RE HERE AND GREAT.

THANK YOU.

DO YOU NEED A SECOND FOR THAT? I'LL SECOND IT GOT IT.

THANK YOU.

WELL, THANK YOU.

ANYONE

[01:20:01]

ELSE? MAYOR PRO TIM, MR. MAYOR.

I JUST WANT TO APOLOGIZE.

I DID NOT MAKE IT TO THE CONSCIENCE OF THE PARK ON I A WAS ON THE OTHER SIDE OF TOWN AND, UH, ATTENDING THE, UH, WOMEN'S AND CHILDREN'S CRISIS SHELTER.

UH, WE REFER MANY PEOPLE TO THIS ORGANIZATION AND I'VE BEEN INVOLVED WITH THEM FOR ABOUT SEVEN YEARS.

IT'S A WONDERFUL ORGANIZATION THAT HELPS SOZA, YOU KNOW, ARE MEMBERS OF DOMESTIC VIOLENCE.

AND I WAS AT THEIR FUNDRAISER, UH, THAT ON THURSDAY, I UNDERSTAND IT WAS A PHENOMENAL EVENT ON THURSDAY.

OH, ALSO I DO WANT TO ADJOURN IN MEMORY OF A TONY GONZALEZ LONG TIME, LONG TIME RESIDENT OF LAHABRA.

HE WAS AFFECTIONATELY KNOWN AS THE MAYOR OF LAHABRA, WHO LIVED ON FOURTH STREET FOR MANY, MANY YEARS, DIED AT 102 YEARS OLD.

UH, MAYOR YOU AND I HAD GONE OUT THERE FOR HIS HUNDREDTH, UH, UH, BIRTHDAY PARTY.

UH, WE WERE PARTICIPATING IN THAT AND THAT'S A TREMENDOUS LOSS, UH, TONY GONZALES, UH, UH, I DID AN INTERVIEW WITH HIM ABOUT 13 YEARS AGO AND THAT'S ONLINE RIGHT NOW.

SO IF ANYBODY WANTS TO LEARN MORE ABOUT THE LIFE AND TIMES TONY GONZALES, HE WILL, UH, GREATLY BE MUST.

THANK YOU.

AND, UH, HE, UH, HE DEFINITELY WILL BE MISSED, UM, FOR ME A CHIEF, UH, WANTED TO SAY, THANK YOU.

AND I KNOW I SENT YOU AN EMAIL AS WELL, BUT I WANTED TO MAKE SURE THAT THE PUBLIC KNEW, UH, UH, LAST WEEK I HAD CONDUCTED ONE OF MY, UH, COMMUNITY WATCH MEETINGS OVER AT MONTWOOD PARK.

AND, UH, YOUR OFFICERS, ANYTIME I'VE DONE, THESE HAVE DONE A PHENOMENAL JOB.

I JUST HAD TO, UH, GIVE IT EXTRA KUDOS TO, UH, UH, TO SERGEANT CASTANON AND, UH, AN OFFICER CARLOS PEREZ, PHENOMENAL JOB BY OFFICER CARLOS PEREZ, SPEAKING TO THE LATINO COMMUNITY, UH, ADDRESS THEIR CONCERNS IN SPANISH AND HIS SPANISH IS EXCELLENT.

UM, I MEAN, YOU KNOW, HE'S A, HE'S A, HE'S A CREDIT TO THE CITY AND A, A CREDIT TO THE DEPARTMENT.

THANK YOU FOR ALLOWING THEM TO COME OUT.

UH, THEY WERE GREAT AND, UH, I CAN'T SAY IT AGAIN.

THEY WERE, THEY WERE JUST, UH, VERY, UH, REAFFIRMING TO THE, UH, SPANISH SPEAKING COMMUNITY UP THERE NEAR MONTWOOD PARK, UH, ADDRESSED ALL OF THEIR CONCERNS.

AND, UH, I THINK, UH, I THINK REALLY, UH, FURTHER STRENGTHENED BRIDGES HERE IN THE COMMUNITY WITH, UH, WITH THAT APPEARANCE AND, UH, THAT, UH, I'D LIKE TO SEE PERFORMANCE, BUT IT WAS A, IT CAME FROM THE HEART.

SO THANK YOU AGAIN FOR, UH, FOR ALLOWING YOUR OFFICERS UP THERE.

AND, UH, WITH THAT DEL, UH, THE MEETING IS NOW ADJOURNED AND MAKE SURE I'VE GOT MY MARCHING ORDERS HERE, CORRECT? SORRY.

THE MEETING IS NOW ADJOURNED, UH, MONDAY, AUGUST 15TH, 2022 AT 5:30 PM IN THE CITY COUNCIL CLOSED SESSION ROOM ONE 12 C 100 EAST HARBOR BOULEVARD FOLLOWED BY THE REGULAR MEETING AT 6:30 PM IN THE CITY COUNCIL CHAMBER.

AND WE'RE ALSO, UH, CLOSING IN, UH, A JOURNEY, EXCUSE ME, A MEMORY OF, UH, TONY GONZALEZ.

THANK YOU ALL VERY MUCH.