100 E. La Habra Boulevard, La Habra, CA
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AGENDA

CITY COUNCIL OF THE CITY OF LA HABRA
ADJOURNED REGULAR MEETING 5:30 P.M.
&
REGULAR MEETING 6:30 P.M.







Monday, December 3, 2018
06:30 p.m.


ADJOURNED REGULAR MEETING 5:30 P.M.:

CALL TO ORDER: Council Chambers, Closed Session Room 112c

I. ORAL COMMUNICATIONS FROM THE PUBLIC FOR CLOSED SESSION MATTERS:

II. CLOSED SESSION:

a. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One Case).

III. ADJOURNMENT:

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 or 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 (562) 383-4030.
DECLARATION: This agenda was posted on the Bulletin Boards outside of the south entrance of City Hall and Council Chamber, where completely accessible to the public, at least 72 hours in advance of the CITY COUNCIL OF THE CITY OF LA HABRA ADJOURNED REGULAR MEETING 5:30 P.M. & REGULAR MEETING 6:30 P.M. Meeting.

REGULAR MEETING 6:30 P.M.:

CALL TO ORDER: Council Chambers

INVOCATION: City Attorney Jones

PLEDGE OF ALLEGIANCE: Councilmember Gomez

ROLL CALL: Councilmember Beamish, Councilmember Espinoza, Councilmember Gomez, Mayor Pro Tem Blazey, Mayor Shaw

CLOSED SESSION ANNOUNCEMENT:

I. PROCLAMATIONS/PRESENTATIONS: None at this time.

II. PUBLIC COMMENTS:

This is the time for the public to address any item of City Council/Authority/Agency business NOT appearing on this Agenda. Speakers must limit their comments to three (3) minutes each. The total time period for public comment is 30 minutes.
(Note: Per Government Code Section 54954.3(a), the City Council/Authority/Agency cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.)

III. CONSENT CALENDAR:

All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Councilmember/Director or member of the audience requests separate action or removal of an item. Removed items will be considered following the Consent Calendar portion of this agenda. Members of the audience will have the opportunity to address Authority on removed items at that time. Speakers must limit their comments to three (3) minutes each.

A. PROPOSED ITEMS:

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

2. Approve City Council Minutes of:

a. October 15, 2018

III2a CC 20181015m cc

b. November 19, 2018

III2b CC 20181119m cc

3. Approve staff’s recommendation regarding a Live Entertainment Permit for 370 East Whittier Boulevard for a one-year period; and

a. APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING THE LIVE ENTERTAINMENT PERMIT FOR 370 EAST WHITTIER BOULEVARD FOR A ONE YEAR PERIOD, SUBJECT TO CONDITIONS.

III3 CD 300 BowlEntPermit staff rpt

4. Authorize City Manager to execute a Memorandum of Understanding with the City of Anaheim to provide financial assistance for the Chrysalis Employment Program for a period of three fiscal years in an amount not to exceed $15,000 per year.  REMOVED FOR SEPARATE DISCUSSION AND APPROVED.

III4 CM AnaheimChrysalis staff rpt

5. Approve a resolution approving the submittal of an improvement project to the Orange County Transportation Authority (OCTA) for funding under the competitive M2 Regional Traffic Signal Synchronization Program (RTSSP); and

a. APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING THE SUBMITTAL OF AN IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM.

III5 PW RTSP ProjSubmit staff  rpt

6. Approve Notice of Completion for the Brio Park Shade Structures, FY2017-18, City Project No. 1-P-18; and authorize staff to send the Notice for recordation.

III6 PW NOC BrioShades staff rpt

7. Approve Notice of Completion for the Depot Theater Roof Replacement located at 311 South Euclid Street, FY2018-19, City Project No. 1-B-18; and authorize staff to submit the Notice for recordation.

III7 PW NOC DepotTheaterRoof staff rpt

8. Approve the First Amendment to the Administrative Services Agreement between the City of La Habra and ICMRA-RC for Plan Number 301711; and authorize City Manager to execute the amendment and any other related documents or additional amendments and extensions.

III8 HR ICMARC457 Amend1 staff rpt

9. Approve and adopt a salary resolution for changes in compensation and benefits for Early Head Start employees effective January 1, 2019; and

a. APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA REPEALING AND REPLACING RESOLUTION NO. 5777 PERTAINING TO A COMPENSATION PLAN FOR EARLY HEAD START EMPLOYEES.

III9 HR EHS Salary staff rpt

10. WARRANTS:  Approve Nos. 00119067 through 00119182 totaling $1,040,600.90.

III10 FAS Warrants 20181203

11. Approve a resolution authorizing an application for $1,948,800 in grant funding from the Bicycle Corridor Improvement Program funded with Congestion Mitigation and Air Quality Improvement Program funding under the Fixing America’s Surface Transportation Federal Transportation Act for the La Habra Union Pacific Rail Line Bikeway project; and

a. APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA AUTHORIZING APPLICATION FOR FUNDS FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING UNDER THE FIXING AMERICA’S SURFACE TRANSPORTATION FEDERAL TRANSPORTATION ACT FOR THE LA HABRA UNION PACIFIC RAIL LINE BIKEWAY PROJECT.

III11 PW BCIP UPRR staff rpt

IV. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION:

III.4 Authorize City Manager to execute a Memorandum of Understanding with the City of Anaheim to provide financial assistance for the Chrysalis Employment Program for a period of three fiscal years in an amount not to exceed $15,000 per year.

V. PUBLIC HEARINGS:

NOTE: If a challenge is made by any party in court from actions arising out of a public hearing, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered at the public hearing or prior thereto.

1. Duly noticed public hearing to consider an ordinance amending the La Habra Municipal Code Chapter 3.24 of Title 3 (Personnel) of the La Habra Municipal Code relating to designated City holidays.

a. APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA AMENDING CHAPTER 3.24 OF TITLE 3 (PERSONNEL) OF THE LA HABRA MUNICIPAL CODE RELATING TO DESIGNATED CITY HOLIDAYS.

V1 HR AmendLHMC Holidays staff rpt

2. Duly noticed public hearing to consider a request for Mitigated Negative Declaration of Environmental Impacts 17-02, Planned Unit Development Master Plan 17-01, and Development Agreement 18-01 for a commercial center at 701 through 751 East Imperial Highway.  An Initial Study resulting in a Mitigated Negative Declaration of Environmental Impacts (MND 17-02 (SCH#2018071057)), was prepared for this project pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA) Guidelines.  Potential impacts identified were Aesthetics, Air Quality, Cultural Resources, Greenhouse Gas, Noise, Public Services, Transportation and Circulation, and Utilities.  Mitigation Measures have been identified and are included in the Mitigation Monitoring Program to minimize these impacts to Less than a Significant Impact. (This item continued from October 15, 2018.)

a. Mitigated Negative Declaration 17-02 - APPROVE AND ADOPT RESOLUTION NO. _____ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA CERTIFYING MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS 17-02 (SCH2018071057) FOR A COMMERCIAL CENTER AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY SUBJECT TO THE MITIGATION MONITORING AND REPORTING PROGRAM AND THE STATEMENT OF FINDINGS OF FACT HERETO ATTACHED AS EXHIBITS "A" & "B."

b. Planned Unit Development 17-01 - APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING PLANNED UNIT DEVELOPMENT MASTER PLAN 17-01 FOR THE PROPERTY AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS, AND SUBJECT TO CONDITIONS.

c. Development Agreement 18-01 - APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA ADOPTING DEVELOPMENT AGREEMENT 18-01 WITH GREG S. JONES REVOCABLE TRUST AND SUNNY INVESTMENTS, LLC FOR THE DEVELOPMENT OF THE IMPERIAL HIGHWAY COMMERCIAL CENTER AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY AS PER ATTACHMENT "A."

V2 CD 701 EImperialHwy cont staff rpt

V2 CD 701 EImperialHwy cont Att1

V2 CD 701 EImperialHwy cont att2-4

V2 CD 701 EImperialHwy cont Att5

V2 CD 701 EImperialHwy cont Att6

3. Duly noticed public hearing to consider an ordinance amending Chapter 8.04.010 and Chapter 8.04.095 of Title 8 (Health & Safety) of the La Habra Municipal Code relating to enforcement authority of unauthorized solid waste containers.

a. APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA AMENDING CHAPTER 8.04 (GARBAGE AND RUBBISH COLLECTION AND DISPOSAL) OF TITLE 8 (HEALTH & SAFETY) OF THE LA HABRA MUNICIPAL CODE WITH THE ADDITION OF SECTION 8.04.095 (UNAUTHORIZED SOLID WASTE CONTAINERS) PROVIDING AN ENFORCEMENT OPTION RELATED TO UNAUTHORIZED SOLID WASTE CONTAINERS AND WITH AN AMENDMENT TO SECTION 8.04.010 (DEFINITIONS) TO INCLUDE ADDITIONAL DEFINITIONS TO PROVIDE CLARITY TO THE CHAPTER.

V3 PW UnauthWasteCont staff rpt

4. Duly noticed public hearing to consider ordinance of the City Council of the City of La Habra deleting Chapter 12.16 of Title 12 (Streets, Sidewalks and Public Places) and amending Chapter 8.04 (Garbage and rubbish collection and disposal) of Title 8 (Health and Safety) of the La Habra Municipal Code with the addition of a Section 8.04.125 (Sanitation Fee) relating to sanitation fees.

a. APPROVE FIRST READING OF ORDINANCE NO. ______ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA DELETING CHAPTER 12.16 (STREET SWEEPING CHARGES) OF TITLE 12 (STREETS SIDEWALKS AND PUBLIC PLACES) AND AMENDING CHAPTER 8.04 (GARBAGE AND RUBBISH COLLECTION AND DISPOSAL) OF TITLE 8 (HEALTH AND SAFETY) OF THE LA HABRA MUNICIPAL CODE WITH THE ADDITION OF SECTION 8.04.125 (SANITATION FEE) RELATING TO SANITATION FEES.

V4 PW LHMC Sanitation staff rpt

5. Duly noticed public hearing to consider an ordinance granting an exclusive franchise to CR&R, Incorporated with the City of La Habra for the collection of residential, commercial and industrial solid waste and refuse.

a. APPROVE FIRST READING OF ORDINANCE NO. _______ ENTITLED: AN ORDINANCE OF THE CITY OF LA HABRA, CALIFORNIA, GRANTING AN EXCLUSIVE FRANCHISE TO CR&R, INCORPORATED FOR THE COLLECTION OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SOLID WASTE AND REFUSE; and

b. Authorize City Manager to enter into a new and restated agreement for services with CR&R, Incorporated, waiving formal bid requirements per La Habra Municipal Code Section 4.20.070 (D).

V5 PW RefusFranchise staff  rpt

VI. CONSIDERATION ITEMS:

Any member of the audience may request to address the City Council/Authority/Agency on any Consideration Item, prior to the City Council/Authority/Agency taking a final vote on the Item. The Mayor will invite interested persons to come forward to the podium and speak as each Item is called. Speakers must limit their comments to three (3) minutes each.

1. Consider a status update report regarding County Island Community Meetings.

a. Receive and file the Status Update Report on the County Island Community Meetings and provide staff with direction on remaining items of concern.

VI1 CM CountyUpdate staff rpt

VI1 CM CountyUpdate submitted at dais

VII. MAYOR’S COMMUNITY CALENDAR:

VII MCC 20181203

VIII. COMMENTS FROM STAFF:

IX. COMMENTS FROM COUNCILMEMBERS:

X. ADJOURNMENT:  Mayor Shaw adjourned the meeting in memory of Mike Freeman at 8:05 p.m.

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 or 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 (562) 383-4030.
DECLARATION: This agenda was posted on the Bulletin Boards outside of the south entrance of City Hall and Council Chamber, where completely accessible to the public, at least 72 hours in advance of the CITY COUNCIL OF THE CITY OF LA HABRA ADJOURNED REGULAR MEETING 5:30 P.M. & REGULAR MEETING 6:30 P.M. Meeting.

        ______________________________________
        Laurie Swindell, CMC, City Clerk