CLOSED SESSION MINUTES. MAY 7, : 00 P. M. Council Chamber. 303 West Commonwealth Avenue Fullerton, California

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1 CITY OF FULLERTON F F.: 4. CITY COUNCIL / SUCCESSOR AGENCY tk uif ` t : 2 o c 44,,\ P CLOSED SESSION MINUTES MAY 7, : 00 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 4: 01 p. m. CALL TO ORDER Mayor Pro Tem Chaffee called the meeting to order at 4: 01 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor Whitaker ( arrived 5: 07 p. m.), Mayor Pro Tem Chaffee, Council Members Sebourn, Flory, Fitzgerald ( arrived 4:05 p. m.) None City Manager Joe Felz ( arrived 5: 07 p. m.), Acting City Manager Don Hoppe, Deputy City Attorney Harold Potter, City Clerk Lucinda Williams None PUBLIC COMMENTS None. 4:03 p. m. RECESS to Closed Session Mayor Whitaker recessed to Closed Session at 4:03 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Per Government Code Section ( d)( 4) Initiation of Litigation: One case 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section Property: Agency Negotiator: Negotiating Parties: Under Negotiations: 224 East Commonwealth Avenue, Fullerton, CA Joe Felz Wayne Tai, NAPICO Entities Terms of Owner Participation Agreement Fullerton City Council/ Successor Agency Minutes May 7, Page 1

2 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Edward Quinonez v. City of Fullerton, et al. USDC Case No. SACV JVS 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Michael Morguess v. City of Fullerton OCSC CU- MC- CJC 5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Harriet Heniger, et al. v. City of Fullerton Case Number: OCSC : 02 p. m. ADJOURNMENT Mayor Whitaker adjourned the meeting at 6: 02 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is May 7, 2013 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Bruce Whitaker, Mayor A- _ 141-Williams, City Clerk Fullerton City Council/ Successor Agency Minutes May 7, Page 2

3 CITY OF FULLERTON FUL< CITY COUNCIL / SUCCESSOR AGENCY / O.-`;, -rf PUBLIC FINANCING AUTHORITY o REGULAR MEETING MINUTES 2 MAY 7, : 30 P. M. Council Chamber itifoa 4 NP 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor Whitaker called the meeting to order at 6: 30 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor Whitaker, Mayor Pro Tern Chaffee, Council Members Sebourn, Flory, Fitzgerald None City Manager Joe Felz, City Attorney Richard Jones, Deputy City Attorney Harold Potter, City Clerk Lucinda Williams INVOCATION Given by Mayor Pro Tern Chaffee. PLEDGE OF ALLEGIANCE Led by Girl Scout Troop # Report given CLOSED SESSION REPORT Deputy City Attorney Potter reported that City Council voted ( Absent: Whitaker) to pay $ 14. 2M in unencumbered housing development funds to the State to settle its repayment obligation resulting from the state- mandated dissolution of the Redevelopment Agency. He also reported that City Council agreed to a $ 375, 000 settlement in the case of Harriet Heniger, et al. v. City of Fullerton ( OCSC ). Presented PRESENTATIONS 1. PROCLAMATION: Better Hearing and Speech Month 2. PRESENTATION: Special Olympics 3. PRESENTATION: Habitat for Humanity of Orange County 4. PRESENTATION: Volunteer of the Month May 7, Page 1

4 PUBLIC COMMENTS Jason Martinez spoke in support of the proposed homeless shelter and addressed traffic issues at East Valley View and Harbor Boulevard. Raymond McKinley spoke in support of the proposed homeless shelter. Curtis Gamble spoke in support of the proposed homeless shelter. Bob Hayden spoke in support of the City's efforts to resolve issues pertaining to West Coyote Hills. Angela Lindstrom spoke in support of Measure W mandates. Ira McNabb spoke in support of Measure W mandates. Joe Stawansz spoke about the Fullerton City Lights project management. David Hoonsbeen spoke about delays in the lawsuit pertaining to West Coyote Hills. Maureen Milton spoke about home alarm issues. Joe Imbriano spoke about wireless network health hazards. Sean Paden spoke about the water rate protest process. Shelly Ziliak spoke in opposition to the proposed homeless shelter. Roberta Reid spoke in support of preserving West Coyote Hills, spoke about Railroad Days, commented on code enforcement and opposed cell towers. Steve Stafford spoke about campaign signs and appointment of the Police Chief. Dale Wallace spoke about Assembly Bill 5 and public restrooms. Adam Moore spoke about the value of code enforcement and graffiti removal services and announced an upcoming graffiti removal project. APPOINTMENTS Ma' Ayn Johnson 1. CITY COMMISSION / COMMITTEE / BOARD appointed APPOINTMENTS Faith Mukherjee spoke about the commission interview process. Fitzgerald moved, seconded by Flory, to nominate May 7, Page 2

5 Ma' Ayn Johnson. Whitaker moved, seconded by Sebourn, to nominate Adan Ortega. Fitzgerald moved, seconded by Flory, to appoint Ma' Ayn Johnson to serve an at-large appointment on the Planning Commission for a term ending December 31, Motion carried 5-0. CONSENT CALENDAR ( Items 1 through 7) Sebourn moved, seconded by Fitzgerald, to approve Consent Calendar Items 1 and 4 through 7. Motion carried 5-0. Approved 1. APRIL 16, 2013 MEETING MINUTES Recommendation by the Office of the City Clerk: Approve April 16, 2013 City Council / Successor Agency / Public Financing Authority Meeting Minutes. Approved 4. FEDERAL LIBRARY SERVICES & TECHNOLOGY ACT LSTA) GRANT FUNDS Recommendation by the Library: Approve $ 6000 appropriation of grant funds to the Library budget. 1300) Approved 5. THIRD AMENDED JOINT POWERS AUTHORITY METRO NET) AGREEMENT Recommendation by the Fire Department: Approve Third Amended Joint Powers Agreement. 1200) Resolution No FIRST AMENDMENT TO FULLERTON FIRE adopted MANAGEMENT ASSOCIATION AGREEMENT Recommendation by the Human Resources Department: Adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION DATED APRIL 30, ) May 7, Page 3

6 Approved 7. FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITIES OF BREA AND FULLERTON FOR SHARING OF FIRE DEPARTMENT COMMAND STAFF Recommendation by the City Manager: Approve amendment to extend the pilot program through June 30, ) ITEMS REMOVED FROM THE CONSENT CALENDAR Approved 2. DONATIONS TO THE POLICE DEPARTMENT Fitzgerald moved, seconded by Sebourn, to accept donations to Adopt-A- Family Program, Police Dog Fund and Retired Senior Volunteer Program on behalf of the Fullerton Police Department. Motion carried ) Approved 3. WILSON W. PHELPS FOUNDATION GRANT FUNDS Flory moved, seconded by Fitzgerald, to accept Wilson W. Phelps Foundation grant in the amount of $ 8800 for supervisor training on behalf of the Police Department and increase appropriations in the same amount. Motion carried ) PUBLIC HEARINGS ( Items 8 through 10) Staff recommendation 8. PROPOSED WATER RATE INCREASE approved; Resolution Mayor Whitaker opened the public hearing at 8: 10 p. m. 25 adopted Roberta Reid spoke in opposition to the rate increase. Patrick McNelly spoke in support of the Energy Resource Management Committee as the reviewing body for appeals, made comments regarding the protest process and spoke in support of the rate increase. Tony Package noted that the rate increase is not significant but spoke in protest of the cost for service fee. Jack Dean did not object to the pass-through rate but protested the study upon which the City based the cost of service increase. single- Nicholas Dunlap addressed discrepancies in family and multi-family rate structures. Nos and Betty Lusk Lundgren spoke against the higher rates May 7, Page 4

7 charged to multi- family units. Mayor Whitaker closed the public hearing at 8: 23 p. m. Fitzgerald moved, seconded by Flory, to: 1. Increase the commodity charge on all rate schedules by $ per 1000 gallons to reflect increased water supply costs ("pass-through"). 2. Adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING REVISED WATER RATES TO BE CHARGED TO USERS OF THE FULLERTON WATER SYSTEM BASED ON COST FOR SERVICES PROVIDED BY THE CITY TO THE WATER UTILITY Motion carried 3 2 ( Noes: Sebourn, Whitaker). Sebourn moved, seconded by Flory, to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DEFINING THE PURPOSE, ROLE AND RESPONSIBILITIES OF THE ENERGY AND RESOURCE MANAGEMENT COMMITTEE AND REPEALING AND SUPERSEDING RESOLUTION NO AND REVISING RULE NUMBER 5 AND 10 OF THE WATER RATES, RULES AND REGULATIONS Motion carried ) Approved 9. FISCAL YEAR ONE- YEAR STRATEGY / ACTION PLAN Mayor Whitaker opened the public hearing at 10: 21 p. m. Holly Hagler spoke in support of the SeniorSery CDBG application. Larry Haynes, Mercy House, spoke in support of the recommendations as presented. Maria Mazzenga spoke in support of the Pathways to Hope application. Mayor Whitaker closed the public hearing at 10: 25 p. m. Flory moved, seconded by Chaffee, to: 1. Approve the FY One-Year Strategy / Action Plan. May 7, Page 5

8 2. Approve FY CDBG Budget. 3. Approve proposed FY HOME Investment Partnership Program as detailed in the FY One-Year Strategy/ Action Plan. 4. Authorize staff to submit the FY One-Year Strategy / Action Plan to the U. S. Department of Housing and Urban Development requesting 1, 208, 535 in CDBG funds and $ 386,650 in HOME Investment Partnership funding. 5. Authorize Community Development Director to make adjustments to CDBG and HOME funding distribution if funds received are less than the anticipated amounts. 6. Authorize Community Development Director to execute the FY CDBG agreements with approved non- profit agencies. Motion carried ) Staff recommendation 10. APPEAL OF PLANNING COMMISSION APPROVAL OF approved; Resolution No. PRJ ; ZON ; APPLICANT VICTORY adopted as OUTREACH NORTH ORANGE COUNTY; amended APPELLANTS ROBERT HALL AND MAHMOUD MOTAMEDI Mayor Whitaker opened the public hearing at 9: 10 p. m. Susie Hernandez supported this application. Jack DaIla Corte spoke in opposition to this application. Robert Hall spoke in opposition to this application. Mahmoud Motamedi spoke in opposition to this application. Unidentified speaker spoke in support of this application. Adam Moore spoke in support of this application. Pam Keller spoke in support of this application. Jim Ybarra spoke in support of this application. Mayor Whitaker closed the public hearing at 9: 33 p. m. Fitzgerald moved, seconded by Flory, to: 1. Make finding that the project is Categorically Exempt from CEQA review pursuant to CEQA Guidelines Section ( Class 1 existing facilities). May 7, Page 6

9 2. Adopt Resolution No , changing the word residents" to " occupants" in Condition 7. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION' S DECISION TO APPROVE A CONDITIONAL USE PERMIT ALLOWING UTILIZATION OF AN EXISTING COMMERCIAL BUILDING AS A CHURCH, WITH ASSOCIATED ON- SITE PARKING ON PROPERTY LOCATED AT 824 E. COMMONWEALTH AVENUE ( SOUTH SIDE OF COMMONWEALTH AVENUE BETWEEN CORNELL AND YALE AVENUES) Motion carried 4 1 ( No: Whitaker). 404) REGULAR BUSINESS ( Items 11 through 13) Options 1, 3c, 3d and REVIEW OF CITY COUNCIL BENEFITS implemented Jane Rands spoke in support of adequate compensation so that Council Members can focus on performing their duties. Fitzgerald moved, seconded by Sebourn, to implement Options 1, 2, 3 and 4 as outlined in the staff report for this item. Motion failed 2-3 ( Ayes: Fitzgerald, Sebourn). Fitzgerald moved, seconded by Option 1, Sebourn, to implement regarding CaIPERS eligibility, as outlined in the staff report for this item. Motion carried 3-2 ( Noes: Chaffee, Flory). Fitzgerald moved, seconded by Sebourn, to implement Option 4, regarding Opt-Out benefits, as outlined in the staff report for this item. Motion carried 4-1 ( Noes: Whitaker). Sebourn moved, seconded by Fitzgerald, to implement Option 2, as outlined in the staff report for this item with the caveat that the Council Member pays the entire 7. 5% contribution increase. Motion failed 2-3 ( Ayes: Fitzgerald, Sebourn). Fitzgerald moved, seconded by Sebourn, to implement Options 3c and 3d as outlined in the staff report for this May 7, Page 7

10 item. Motion carried 4-1 ( Noes: Whitaker). Approved SOUTH ROOSEVELT AVENUE REQUEST TO ACCEPT APPLICATION FOR SPECIFIC PLAN Adam Moore spoke in support of uniform planning along the Euclid corridor. Chaffee moved, seconded by Flory, to authorize the Community Development Department to accept applications proposing a Specific Plan District zoning designation on the property located at 620 South Roosevelt Avenue. Motion carried ) DPAC established and 13. DOWNTOWN CORE AND CORRIDORS SPECIFIC members appointed PLAN ( DPAC) ADVISORY COMMITTEE Flory moved, seconded by Fitzgerald, to establish the Downtown Core and Corridors Specific Plan Advisory Committee and appoint the following Committee members: Jonathan Menkes Kerri Cacciata Minton Jane Rands Andrew Carroll Kitty Jaramillo Chris Cook Adam Moore Sign Dang Terri Prado James Renick Aaron Gregg Jefferson Kim Gabrielle Stava Ted White Justin Brechtel Antisha Terry Kenneth Parsons May 7, Page 8

11 William Mathews Jim Sanders Catherine Weflen Elizabeth Hansburg Timothy Higgins Ellis Cha Virginia Han Ted Kim Alexander Santana Raul Valdivia Bill Brown Carl Byers Scott Dowds Theresa Harvey Erik Hugstad Desiree Stimson Julie Tyner Bob Linnell Jane Reifer. Motion carried ) CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS Council Member Sebourn commented on public notice of upcoming construction projects. Mayor Pro Tern Chaffee commented on water rate refunds. AGENDA FORECAST May 21, 2013 Magnolia Ave. Reconstruction from Orangethorpe Ave. to Ash Ave. T& CC 5/ 6/ 13 recommendations (tentative) Construction Management Services for the Raymond Avenue Grade Separation project contract award Raymond Grade Separation utility agreements May 7, Page 9

12 State College Grade Separation utility agreements Measure M2 Eligibility Renewal and 7- Year CIP Approval Approval of Valencia & Woods Project ( PRJ ) Public Health Goals Report Commercial enforcement moratorium Updated Water Rate Study Resident Only Permit Parking ( tentative): San Carlos, Santa Fe and Clarke Avenue Food Trucks ordinance PRJ W. Valencia - Valencia & Woods Specific Plan June 4, 2013 Quarterly Employee Recognition Relay for Life Proclamation Memorial Day wrap up presentation 2nd reading PRJ W. Valencia - Valencia & Woods Specific Plan Budget Public Hearing 11: 35 p. m. ADJOURNMENT Mayor Whitaker adjourned the meeting at 11: 35 p. m. The next City Council / Successor Agency closed session meeting is May 21, 2013 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 May 21, 2013 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. f 14J) a Bruce Whitaker, Mayor Lucin a Williams, City Clerk May 7, Page 10