May 06, 2013 La Habra City Council

ADJOURNED REGULAR MEETING 5:30 P.M.:

CALL TO ORDER: Administrative Conference Room 106

Roll Call: 10 members present, 0 members absent, 0 members excused.

Mayor Espinoza called to order the Adjourned Regular Meeting of the City Council concurrent with the Special Meeting of the Utility Authority at 5:30 p.m. in the Administrative Conference Room 106, located at 201 E. La Habra Boulevard, La Habra, California.

Roll Call: 10 members present, 0 members absent, 0 members excused.

Mayor Espinoza called to order the Adjourned Regular Meeting of the City Council concurrent with the Special Meeting of the Utility Authority at 5:30 p.m. in the Administrative Conference Room 106, located at 201 E. La Habra Boulevard, La Habra, California.

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

None.

II. CLOSED SESSION:

Mayor Espinoza announced the Closed Session and Council convened as follows:

a. Conference with Real Property Negotiator per Government Code Section 54956.8- Property: El Centro Lions Park 320 Erna Avenue; City Negotiator: Don Hannah, City Manager; Negotiating Parties; La Habra Host Lions; Under Negotiation: Price and Terms.

Director of Community Services Failla was present for this item.

b. Conference with Labor Negotiator per Government Code Section 54957.6 - Agency Representative: Don Hannah, City Manager; Employee Organizations: Police Sworn Employees, Police Civilian Employees, La Habra Municipal Employees Association, and General Services Employees.

Director of Finance and Administrative Services Sadro was present for this item.

Mayor Espinoza announced the Closed Session and Council convened as follows:

a. Conference with Real Property Negotiator per Government Code Section 54956.8- Property: El Centro Lions Park 320 Erna Avenue; City Negotiator: Don Hannah, City Manager; Negotiating Parties; La Habra Host Lions; Under Negotiation: Price and Terms.

Director of Community Services Failla was present for this item.

b. Conference with Labor Negotiator per Government Code Section 54957.6 - Agency Representative: Don Hannah, City Manager; Employee Organizations: Police Sworn Employees, Police Civilian Employees, La Habra Municipal Employees Association, and General Services Employees.

Director of Finance and Administrative Services Sadro was present for this item.

III. ADJOURNED:

Council reconvened from Closed Session at 6:02 p.m. There were no announcements. Mayor Espinoza adjourned the Adjourned Regular Meeting at 6:02 p.m.

REGULAR MEETING 6:30 P.M.:

CALL TO ORDER: Council Chambers

Mayor Espinoza called the Regular Meeting of the City Council of the City of La Habra to order at 6:35 p.m. in the City Council Chambers, located at 201 E. La Habra Boulevard, La Habra, California.

INVOCATION: City Attorney Jones

PLEDGE OF ALLEGIANCE: Councilmember Gomez

ROLL CALL:

Roll Call: 9 members present, 0 members absent, 0 members excused.

CLOSED SESSION ANNOUNCEMENT:

None.

I. PROCLAMATIONS/PRESENTATIONS:

a. Presentation of Certificates in recognition of Miss La Habra 2013 and her Court: Miss La Habra - Kelsey Farrell, Princess - Ashley Aguirre, Princess - Karen Chestnut, Princess - Gigi Gradillas, and Princess - Marcelle Occomore-Vianna.

Ia CM Miss La Habra Certificates

Ashley Aguirre, Princess unable to attend.

Cindy Singer assisted Mayor Espinoza with the presentation.

b. Proclamation - Advance! 10 Year Anniversary.

Ib CM Advance 10yr annv Proc

Juan Pablo - JP Gonzales- accepted the proclamation and Fred Lantz and two other individuals.

c. Proclamation - National Public Works Week, May 19-25, 2013, in La Habra.

Ic CM PW 2013 Week Proc

Public Works Director Elias Kaykali accepted the proclamation.

Ic CM PW 2013 Week Proc

Public Works Director Elias Kaykali accepted the proclamation.

d. Proclamation - National Police Week, May 12-18, 2013, in La Habra.

Id PD National Police Wk Proc

Acting Police Chief Price accepted proclamation

Id PD National Police Wk Proc

Acting Police Chief Price accepted proclamation

a. Presentation of Certificates in recognition of Miss La Habra 2013 and her Court: Miss La Habra - Kelsey Farrell, Princess - Ashley Aguirre, Princess - Karen Chestnut, Princess - Gigi Gradillas, and Princess - Marcelle Occomore-Vianna.

Ia CM Miss La Habra Certificates

Ashley Aguirre, Princess unable to attend.

Cindy Singer assisted Mayor Espinoza with the presentation.

b. Proclamation - Advance! 10 Year Anniversary.

Ib CM Advance 10yr annv Proc

Juan Pablo - JP Gonzales- accepted the proclamation and Fred Lantz and two other individuals.

c. Proclamation - National Public Works Week, May 19-25, 2013, in La Habra.

Ic CM PW 2013 Week Proc

Public Works Director Elias Kaykali accepted the proclamation.

Ic CM PW 2013 Week Proc

Public Works Director Elias Kaykali accepted the proclamation.

d. Proclamation - National Police Week, May 12-18, 2013, in La Habra.

Id PD National Police Wk Proc

Acting Police Chief Price accepted proclamation

Id PD National Police Wk Proc

Acting Police Chief Price accepted proclamation

II. PUBLIC COMMENTS:

Andrew Macias, 1750 W. Lambert Road Mobile Home Park, identified himself as a third year electrical apprentice in a state approved program. He expressed his concerns regarding the absence of an apprentice performing the required 20 percent of total hours on the construction and remodeling being performed at the mobile home park. Mayor Espinoza directed him to Community Director Haack.

III. CONSENT CALENDAR:

Motion to CONSENT CALENDAR ITEMS III.1 THROUGH III.7. Moved by Councilmember Gomez, seconded by Councilmember Shaw.

Vote to CONSENT CALENDAR ITEMS III.1 THROUGH III.7. (Approved)

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 Community Services Commission Minutes:

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

3. Approve City Council Minutes of:

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

4. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1744 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING ZONE CHANGE 13-01 APPLYING THE ES EMERGENCY SHELTER OVERLAY ZONE TO 2220 THROUGH 2280 EAST LAMBERT ROAD AND ADOPTING CHANGES TO TABLE 18.06.040.A "LAND USE MATRIX," SECTION 18.26.050.E "DESIGN REVIEW," AND SECTION 18.68.010 "GENERALLY" TO TITLE 18 "ZONING" AS PER EXHIBITS "A" AND "B."

III4 Ord 1744

5. Approve and authorize City Manager to enter into agreement with Albert Grover & Associates of Fullerton, California in the amount of $299,800 to provide professional engineering services for the La Habra Boulevard/Central Avenue/State College Boulevard Corridor Project Regional Traffic Signal Synchronization Program and staff to issue a purchase order to Albert Grover & Associates in the amount of $314,790 that includes a 5% Contingency.

III5 CD LH Blvd Corridor

6. Approve the granting of above ground and underground utility easement across the westernmost portion of Vista Del Valle Park to Southern California Edison per the submitted Easement Deed.

III6 CD Vista Del Valle

7. WARRANTS: Approve Nos. 0009089 through 00091193 totaling $1,727,262.14.

III7 FAS Warrants 20130506

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

2. Approve Community Services Commission Minutes:

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

3. Approve City Council Minutes of:

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

4. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1744 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING ZONE CHANGE 13-01 APPLYING THE ES EMERGENCY SHELTER OVERLAY ZONE TO 2220 THROUGH 2280 EAST LAMBERT ROAD AND ADOPTING CHANGES TO TABLE 18.06.040.A "LAND USE MATRIX," SECTION 18.26.050.E "DESIGN REVIEW," AND SECTION 18.68.010 "GENERALLY" TO TITLE 18 "ZONING" AS PER EXHIBITS "A" AND "B."

III4 Ord 1744

5. Approve and authorize City Manager to enter into agreement with Albert Grover & Associates of Fullerton, California in the amount of $299,800 to provide professional engineering services for the La Habra Boulevard/Central Avenue/State College Boulevard Corridor Project Regional Traffic Signal Synchronization Program and staff to issue a purchase order to Albert Grover & Associates in the amount of $314,790 that includes a 5% Contingency.

III5 CD LH Blvd Corridor

6. Approve the granting of above ground and underground utility easement across the westernmost portion of Vista Del Valle Park to Southern California Edison per the submitted Easement Deed.

III6 CD Vista Del Valle

7. WARRANTS: Approve Nos. 0009089 through 00091193 totaling $1,727,262.14.

III7 FAS Warrants 20130506

Motion to CONSENT CALENDAR ITEMS III.1 THROUGH III.7. Moved by Councilmember Gomez, seconded by Councilmember Shaw.

Vote to CONSENT CALENDAR ITEMS III.1 THROUGH III.7. (Approved)

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 Community Services Commission Minutes:

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

3. Approve City Council Minutes of:

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

4. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1744 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING ZONE CHANGE 13-01 APPLYING THE ES EMERGENCY SHELTER OVERLAY ZONE TO 2220 THROUGH 2280 EAST LAMBERT ROAD AND ADOPTING CHANGES TO TABLE 18.06.040.A "LAND USE MATRIX," SECTION 18.26.050.E "DESIGN REVIEW," AND SECTION 18.68.010 "GENERALLY" TO TITLE 18 "ZONING" AS PER EXHIBITS "A" AND "B."

III4 Ord 1744

5. Approve and authorize City Manager to enter into agreement with Albert Grover & Associates of Fullerton, California in the amount of $299,800 to provide professional engineering services for the La Habra Boulevard/Central Avenue/State College Boulevard Corridor Project Regional Traffic Signal Synchronization Program and staff to issue a purchase order to Albert Grover & Associates in the amount of $314,790 that includes a 5% Contingency.

III5 CD LH Blvd Corridor

6. Approve the granting of above ground and underground utility easement across the westernmost portion of Vista Del Valle Park to Southern California Edison per the submitted Easement Deed.

III6 CD Vista Del Valle

7. WARRANTS: Approve Nos. 0009089 through 00091193 totaling $1,727,262.14.

III7 FAS Warrants 20130506

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

2. Approve Community Services Commission Minutes:

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

a. March 13, 2013

III2a CSC Min

b. March 25, 2013

III2b CSC Min

3. Approve City Council Minutes of:

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

a. March 4, 2013

III3a CC 20130304m cc

b. March 18, 2013

III3b CC 20130318m cc

4. APPROVE SECOND READING AND ADOPTION OF ORDINANCE NO. 1744 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA APPROVING ZONE CHANGE 13-01 APPLYING THE ES EMERGENCY SHELTER OVERLAY ZONE TO 2220 THROUGH 2280 EAST LAMBERT ROAD AND ADOPTING CHANGES TO TABLE 18.06.040.A "LAND USE MATRIX," SECTION 18.26.050.E "DESIGN REVIEW," AND SECTION 18.68.010 "GENERALLY" TO TITLE 18 "ZONING" AS PER EXHIBITS "A" AND "B."

III4 Ord 1744

5. Approve and authorize City Manager to enter into agreement with Albert Grover & Associates of Fullerton, California in the amount of $299,800 to provide professional engineering services for the La Habra Boulevard/Central Avenue/State College Boulevard Corridor Project Regional Traffic Signal Synchronization Program and staff to issue a purchase order to Albert Grover & Associates in the amount of $314,790 that includes a 5% Contingency.

III5 CD LH Blvd Corridor

6. Approve the granting of above ground and underground utility easement across the westernmost portion of Vista Del Valle Park to Southern California Edison per the submitted Easement Deed.

III6 CD Vista Del Valle

7. WARRANTS: Approve Nos. 0009089 through 00091193 totaling $1,727,262.14.

III7 FAS Warrants 20130506

IV. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION:

None.

V. PUBLIC HEARINGS: None at this time.

VI. CONSIDERATION ITEMS:

1. Consider and review the 2014-2021 Draft Housing Element and submittal of the 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for review, pursuant to State law.

VI1 CD Draft Hsg Element

Carlos Jaramillo introduced the item and Woodie Tescher, The Planning Center, who reviewed the 2014-2021 Housing Element Update a PowerPoint presentation. He briefly reviewed the housing element background; the plans for needs; the requirements; the accomplishments of prior 2008-2014 Housing Element and housing resources. Mr. Tescher reviewed the goas, policies, and programs of the 2014-2021 Draft Housing Element update. He stated that staff recommended that the City Council approve a motion to submit the 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. He explained that After the State Department of Housing and Community Development reviews and comments on the draft Housing Element, staff will make any required modifications to the document and will return the Housing Element to the Planning Commission and City Council for final review concurrent with the entire General Plan.

Councilmember Shaw inquired if the seven units, that are a part of the habitat for humanity project, would apply towards the City's Regional Housing Needs Assessment (RHNA) allocation.

Housing and Economic Development Manager Linda Padilla-Smyth responded that three units would be low-to-moderate rate and the other four units would be market rate.

Mayor Espinoza invited the public to testify. There was no public testimony.

CPH

a. Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law.

Motion to Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. Moved by Councilmember Gomez, seconded by Councilmember Blazey.

Vote to Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. (Approved)

VI1 CD Draft Hsg Element

Carlos Jaramillo introduced the item and Woodie Tescher, The Planning Center, who reviewed the 2014-2021 Housing Element Update a PowerPoint presentation. He briefly reviewed the housing element background; the plans for needs; the requirements; the accomplishments of prior 2008-2014 Housing Element and housing resources. Mr. Tescher reviewed the goas, policies, and programs of the 2014-2021 Draft Housing Element update. He stated that staff recommended that the City Council approve a motion to submit the 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. He explained that After the State Department of Housing and Community Development reviews and comments on the draft Housing Element, staff will make any required modifications to the document and will return the Housing Element to the Planning Commission and City Council for final review concurrent with the entire General Plan.

Councilmember Shaw inquired if the seven units, that are a part of the habitat for humanity project, would apply towards the City's Regional Housing Needs Assessment (RHNA) allocation.

Housing and Economic Development Manager Linda Padilla-Smyth responded that three units would be low-to-moderate rate and the other four units would be market rate.

Mayor Espinoza invited the public to testify. There was no public testimony.

CPH

a. Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law.

Motion to Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. Moved by Councilmember Gomez, seconded by Councilmember Blazey.

Vote to Direct staff to submit the Draft 2014-2021 Draft Housing Element to the State Department of Housing and Community Development for their review, pursuant to State Law. (Approved)

2. Council to consider and provide direction regarding the two current Citizen-At-Large Reward Fund Board seats and confirm and continue with one or both of the current Board members; or appoint new "member(s) of the public," who are interested in serving, to fill one or both Citizen-At-Large seats and serve on the Reward Fund Committee.

City Clerk Mason reported that recently Acting Police Chief Price requested a convening of the Reward Fund Committee to review a reward request involving a homicide investigation. She reviewed the establishment and purpose of the Reward Fund Committee. She noted that since 1995 the Committee met approximately four times with the last meeting being in 2006. She explained that the board members are made up of the Mayor, Mayor Pro Tem, one member from the Executive Management staff appointed by the City Manager, and two members from the public appointed by the City Council. She stated that the two current members appointed by Council were Dan Casey, who was originally appointed in 1995 and reaffirmed in 2006 when Council appointed Daren Nigsarian. She stated tha because the Committee rarely meets, and in light of the long period of time that has elapsed since it last assembled, staff was requesting that Council review the appointments of the two members from the public and confirm one or both of these appointments and/or make new appointments as desired.

Councilmember Gomez noted that Dan Casey had expressed to him an interest in reappointment. Mayor Pro Tem Beamish inquired if Mr. Casey or Mr. Nigsarian were contacted. Mayor Espinoza noted that Daren Nigsarian had expressed an interest in reappointment also.

Mayor Espinoza invited the public to testify. There was no public testimony.

Councilmember Gomez nominated Dan Casey. There were no other nominations.

Motion to TO CLOSE THE NOMINATION AND CASTE A UNANIMOUS BALLOT TO APPOINT DAN CASEY AS CITIZEN-AT-LARGE MEMBER ON THE REWARD FUND COMMITTEE FOR AN UNLIMITED TERM. Moved by Councilmember Shaw, seconded by Councilmember Blazey.

Vote to TO CLOSE THE NOMINATION AND CASTE A UNANIMOUS BALLOT TO APPOINT DAN CASEY AS CITIZEN-AT-LARGE MEMBER ON THE REWARD FUND COMMITTEE FOR AN UNLIMITED TERM. (Approved)

Mayor Espinoza nominated Daren Nigsarian.

Councilmember Blazey nominated Jerry Powell.

Motion to CLOSE THE NOMINATION. Moved by Councilmember Gomez, seconded by Mayor Pro Tem Beamish.

Vote to CLOSE THE NOMINATION. (Approved)

A roll call vote was taken, and the vote was 3-2 as follows TO ELECT JERRY POWELL AS CITIZEN-AT-LARGE MEMBER ON THE REWARD FUND COMMITTEE FOR AN UNLIMINTED TERM.
COUNCILMEMBER GOMEZ: JERRY POWELL
MAYOR PRO TEM BEAMISH: DAREN NIGSARIAN
COUNCILMEMBER SHAW: JERRY POWELL
COUNCILMEMBER BLAZEY: JERRY POWELL
MAYOR ESPINOZA: DAREN NIGSARIAN

a. To confirm and continue with one or both of the current Board members; or

b. Appoint new "member(s) of the public," who are interested in serving, to fill one or both Citizen-At-Large seats and serve on the Reward Fund Committee.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Gomez, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Mayor Pro Tem Beamish, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Shaw, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Blazey, no second required.

Motion to TO CLOSE THE NOMINATION. Moved by Mayor Espinoza, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Gomez, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Mayor Pro Tem Beamish, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Shaw, no second required.

Motion to Nominate __________ to serve on the Reward Fund Committee for one Citizen-At-Large seats. Moved by Councilmember Blazey, no second required.

Motion to TO CLOSE THE NOMINATION. Moved by Mayor Espinoza, no second required.

VI2 CC RewardFund Cmte