CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES. OCTOBER 16, : 00 P. M. Council Chamber. 303 West Commonwealth Avenue

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1 of FUL O v r 2 CqC/ FOFZ\ P CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES OCTOBER 16, : 00 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 5: 00 p. m. CALL TO ORDER Mayor Quirk- Silva called the meeting to order at 5: 00 p.m. All present ROLL CALL Present: Absent: Staff Present: Mayor Quirk- Silva, Mayor Pro Tern Whitaker, Council Members Chaffee, Kiger, Sebourn None City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS 5:05 p. m. RECESS to Closed Session LAFCO representatives presented a certificate to the City. Mayor Quirk-Silva recessed to Closed Session at 5: 05 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Veth Mam v. City of Fullerton, et al. SACV JST 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Edward M. Quinonez v. City of Fullerton, et al. Case Number: SACV JVS 6: 22 p. m. ADJOURNMENT Mayor Quirk- Silva adjourned the meeting at 6:22 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is October 16, 2012 at 6: 30 p. m. in Fullerton City Council/ Successor Agency Minutes October 16, Page 1

2 the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. ALucinda Williams, City Clerk Sharon Quirk- Silva, Mayor Fullerton City Council/ Successor Agency Minutes October 16, Page 2

3 CITY OF FULLERTON FU4 CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY P cqg/ FORN p REGULAR MEETING MINUTES OCTOBER 16, : 30 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor Quirk- Silva called the meeting to order at 6: 30 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor Quirk- Silva, Mayor Pro Tern Whitaker, Council Members Chaffee, Kiger Sebourn None City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION Given by Council Member Chaffee. PLEDGE OF ALLEGIANCE Led by Girl Scout Troop CLOSED SESSION REPORT None. Presented PRESENTATIONS 1. PRESENTATION: Cal- GRIP Volunteer Recognition 2. PROCLAMATION: Lights On After School PUBLIC COMMENTS Alex Keller spoke about comments on council member blogs. Bob Hayden spoke on Measure W. Michelle Kearney spoke about police department issues. Karla Turner spoke in support of the Fullerton Police Department. October 16, Page 1

4 Helen Higgins spoke about Measure W. Susan Wright spoke about homeless issues. Robert Kanter spoke about council member positions on medical marijuana. Laura Avery spoke about Measure W. Sunbie Harrell spoke about city council member elections. John Murray spoke about council member conduct. Linda Diver spoke about Measure X. Margaret Farris spoke about water rates and police issues. Bernard Lipman spoke about Measure W. Brian Bartholomew spoke about Measure W. Maureen Milton spoke about soccer field allocation. Richard Dwyer spoke about police issues, public records requests and Prop 215. Marilyn Davidson spoke about police issues and street lights. Marlena Carrillo spoke about medical marijuana and police issues. Joseph Vasquez spoke about the Kelly Thomas incident. Vivian Olender spoke about the death of her son Daniel Olender. Patrick McGee spoke about the death of Daniel Olender. Ron Bair spoke about council member communications during council meetings. Barry Coffman spoke about campaign mailers and police issues. Sean Paden spoke about medical marijuana. Mo Kelly spoke about the City logo. Dede Ginter spoke about Measure W. John Phelps spoke about local political blogs. Debbie Viveros spoke about police issues. Angela Lindstrom spoke about Measure W. Cynthia Munguia spoke about soccer field allocation. Gregorio Martinez spoke about soccer field allocation. October 16, Page 2

5 Jorge Sigaran spoke about soccer field allocation. Jeffrey Garcia spoke about soccer field allocation. Barry Levinson spoke about Measure W. Manuel Garcia spoke about soccer field allocation. James Noble spoke about the Kelly Thomas incident and homeless issues. Robert Fassler spoke about mass transit security and Measure W. Nicole Hanamoto spoke about Measure W. Mitali Sheth spoke about Measure W. Brandon Truong spoke about Measure W. Kunal Shah spoke about Measure W. Tony Package spoke about the city budget and pension liabilities. Jan Flory spoke about the Orange County Vector Control Board. Jesse LaTour spoke about Measure W. Sandy Marshall spoke about Measure W. Christine Browning spoke about police issues and the upcoming election. Debra Pember spoke about Measure W. Phyllis Freyaldenhoven spoke about medical marijuana. Pam election. Keller spoke about campaigning for the November Rick Alvarez spoke about the upcoming election. Randy Mohagen spoke about comments made by local bloggers. Theresa Gibson spoke about health care issues and fields. oil Larry Bennett spoke about the upcoming elections. Joe Imbriano spoke about the Kelly Thomas incident and pension liabilities. Jimmy McLachlan spoke about council member conduct, Measure W and homeless shelters. Roberta Reid spoke about Measure W and the new Senior October 16, Page 3

6 Center. Kitty Jaramillo spoke about Measure W. None APPOINTMENTS None CONSENT CALENDAR ( Items 1 through 4) City Council moved Agenda Item 7 to the Consent Calendar. Sebourn moved, seconded by Chaffee, to approve Consent Calendar Items 2, 4 and 7. Motion carried 5-0. Approved 2. JANUARY 1, 2013 MEETING CANCELLATION Recommendation by the Office of the City Clerk: Cancel January 1, 2013 City Council / Successor Agency / Public Financing Authority meeting. ( 1o1- o1- o1) Approved 4. FULLERTON AIRPORT ROOF REPLACEMENT Recommendation by the Engineering Department: 1. Approve plans and specifications for the Fullerton Airport Roof Replacement project. 2. Approve $ 177,800 budget transfer from Building Facility Capital Repair Fund Balance to Project Award construction contract to Danny Letner Inc. dba Letner Roofing Company of Orange for the Fullerton Airport Roof Replacement project in the amount of$ 150, ) Resolution No CERTIFICATION OF WEED ABATEMENT COSTS adopted RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONFIRMING THE SCHEDULE OF COSTS INCURRED IN THE REMOVAL OF WEED AND RUBBISH NUISANCES AND ASSESSING EACH PARCEL OF PROPERTY FOR THE AMOUNT OF SUCH COSTS AS SHOWN IN SAID SCHEDULE OF COSTS AND LIST OF CHARGES ) October 16, Page 4

7 ITEMS REMOVED FROM THE CONSENT CALENDAR Approved as amended 1. OCTOBER 2, 2012 SPECIAL MEETING AND OCTOBER 2, 2012 MEETING MINUTES Jane Rands asked City Council to amend the minutes containing comments she made at the October 2, 2012 Special City Council Meeting. Chaffee moved, seconded by Quirk-Silva, to amend the October 2, 2012 meeting minutes. Motion carried 5 0. Chaffee moved, seconded by Whitaker, to approve the October 2, 2012 Special Meeting minutes with the amendment as suggested by Ms. Rands and approve the October 2, 2012 minutes as amended. Motion carried 5 0. Resolution No PERSONNEL MANAGEMENT SYSTEM CHANGES adopted Sebourn moved, seconded by Quirk- Silva, to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING AND DELETING A CERTAIN CLASS SPECIFICATION Motion carried ) PUBLIC HEARINGS None. REGULAR BUSINESS ( Items 5 through 7) Item tabled 5. POLICE CHIEF POSITION Whitaker moved, seconded by Kiger, to table this item. Chaffee made an alternative motion, seconded by Quirk- Silva, to enter into contract negotiations with Dan Hughes regarding the Chief of Police position for the City of Fullerton. Robyn Nordell supported entering into contract negotiations with Acting Chief Dana Pape said she did not support appointment of Acting Chief Fullerton City council/ Successor Agency/ Public Financing Authority Minutes October 16, Page 5

8 Susan Wright spoke in support of Acting Chief Robert Kanter spoke in support of Acting Chief John Murray spoke in support of Acting Chief Ed Dahmes spoke in support of Acting Chief Brian Bartholomew spoke in support of Acting Chief Jill ( no last name given) asked City Council to consider other applicants in addition to Acting Chief Joseph Vasquez spoke about police chief accountability. Michelle Kearney supported consideration of multiple candidates for the police chief position. Marlena Carrillo spoke in support of an application process for the police chief position. Jimmy MacLachlan spoke about police officer conduct and maintaining local police control. Marilyn Davidson spoke in support of Acting Chief Barry Coffman spoke in support of Acting Chief Sean Paden spoke about police oversight. Christine Browning spoke in support of Acting Chief Mo Kelly spoke in support of Acting Chief John Phelps spoke in support of Acting Chief Patrick McGee spoke in support of Acting Chief Fran Mueller spoke in support of Acting Chief Phyllis Freyaldenhoven spoke in Chief support of Acting Fullerton City Council! Successor Agency/ Public Financing Authority Minutes October 16, Page 6

9 n Debbie Viveros spoke in support of Acting Chief JD DeCaprio spoke in support of Acting Chief Roland Trudell spoke in support of Acting Chief Barry Levinson spoke in support of considering multiple applicants for the police chief position. Jan Flory spoke in support of Acting Chief Tony Package spoke in support of Acting Chief Karen MacDonald spoke in support of Acting Chief Brian Hadley spoke in support of Acting Chief Jennifer Fitzgerald spoke in support of entering negotiations with Acting Chief Pam Keller spoke in support of Acting Chief Rick Alvarez spoke in support of Acting Chief Munish B. spoke in support of Acting Chief Steve Matson spoke in support of Acting Chief Mitch Hovey spoke in support of Acting Chief Jane Rands spoke. in support of appointing a civilian review board prior to appointing a police chief. Roberta Reid spoke in support of a police oversight committee and spoke in support of Acting Chief John Schaefer spoke in support of Acting Chief Kitty Jaramillo spoke in support of Acting Chief Minard Duncan spoke in support of Acting Chief Vince Buck encouraged City Council to take action on this item. October 16, Page 7

10 A.J. encouraged decision. City Council to make the correct Larry Bennett spoke in support of Acting Chief Chris Thompson spoke in support of Acting Chief Mayor Quirk- Silva withdrew her second to the alternate motion. The alternate motion failed for lack of a second. Mayor Quirk- Silva made a substitute alternative motion, seconded by Chaffee, to continue consideration of entering into contract negotiations with Acting Chief Hughes regarding the chief of police position for the City of Fullerton to December 18, Substitute alternative motion failed 2 3 ( Ayes: Chaffee, Quirk- Silva). Original motion carried 3 2 ( Noes: Chaffee, Quirk- Silva) ) Staff directed to explore 6. WATER IN- LIEU FRANCHISE FEE REFUNDING refund and opt- out options OPTIONS Quirk Silva moved, seconded by Chaffee, to continue this item to October 17, 2012 at 12: 15 p. m. Motion failed 3 2 ( Ayes: Chaffee, Quirk- Silva). Marilyn Davidson asked how the city overcharged water rates for three years. Tony Package asked for specificity in language. the opt-out Rick Alvarez expressed support for the opt-out option and also, proposed a future credits option. Jack Dean believed the City should utilize bonding as the last resort and asked staff to propose refunding options for City Council consideration. Chris Thompson asked the City Council to consider proposing multiple alternatives for the public for funding this repayment. Jan Flory said she does not support the decision to refund the water fees. Roberta Reid supported the fee refund with options. October 16, Page 8

11 City Council directed staff to explore options, or combinations of options, for issuing franchise fee refunds as well as refund opt-out methods that will minimize impact on the City' s budget and reserve funds. sob-09) CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS Mayor Quirk-Silva offered condolences to the family of Daniel Olendar and announced that the November 6, 2012 City Council Meeting will be cancelled. AGENDA FORECAST November 20, 2012 PRESENTATION: CSUF / Maple Community Collaboration ( Certificates) PRESENTATION: 211 O PRESENTATION: Ruben Carnesi Certificate of Recognition Dominic & Third Party Administrator Contract Amendment to Muckenthaler Agreement Second Reading PERS Contract ordinance JAG 2012 funds Euclid Street & Bastanchury Road Signal Coordination Projects: Contract award for construction (tentative) TCC October 1st Recommendations ( tentative) Consultant Award for Brea Blvd., Commonwealth Ave., Placentia Ave., and Lemon St., Multi- Jurisdictional Traffic Signal Synchronization Program ( TSSP) Tract Final Map Approval and Abandonment of the portion of Rosslynn Avenue December 4, 2012 ( tentative - pending receipt of certification) Election Results / Swear in New Council Members / Recognize Outgoing Council Members City Council Reorganization October 16, Page 9

12 12: 49 a. m. ADJOURNMENT Mayor Quirk-Silva adjourned the meeting at 12:49 a. m. The next City Council / Successor Agency closed session meeting is November 20, 2012 at 5: 00 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. The next regular City Council / Successor Agency / Public Financing Authority meeting is November 20, 2012 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. C60\ Sharon Quirk- Silva, Mayor OLuci da Williams, City Clerk October 16, Page 10