City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda.

Transcription

1 CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA FEBRUARY 4, :00 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL PUBLIC COMMENTS City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda. RECESS to Closed Session CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section (d)(1) Pacific Coast Homes v. City of Fullerton, et al. Case Number: OCSC CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section Agency Representative/s: Gretchen Beatty Employee Organization: Under Discussion: Fire Management; Police Management: Police Officers Association Safety and Police Officers Association Dispatch. Parameters of authority for negotiating salaries, benefits and working conditions 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section (d)(1) Catherine Sobieski v. City of Fullerton Case Number: OCSC Fullerton City Council / Successor Agency Agenda February 4, Page 1

2 4. LITIGATION UPDATE CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section (d)(1) Case Number: SACV George Nails v. City of Fullerton, et al. Amber Sanders v. City of Fullerton, et al. Case Number: OCSC David Tovar v. City of Fullerton Case Number: USDC SACV John Tucker v. City of Fullerton Case Number: USDC SACV Ed York, et al. v. City of Fullerton, et al. Case Number: OCSC ADJOURNMENT The next regular City Council / Successor Agency / Public Financing Authority meeting is February 4, 2014 at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council / Successor Agency Agenda February 4, Page 2

3 CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY REGULAR MEETING AGENDA FEBRUARY 4, :30 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL INVOCATION Tommy Nixon, Solidarity PLEDGE OF ALLEGIANCE Fullerton Union High School Choral Group CLOSED SESSION REPORT PRESENTATIONS 1. PROCLAMATION: Career Technical Education Month February PRESENTATION: Orange County Business Council Responding to Globalization Award PUBLIC COMMENTS The City Council / Successor Agency / Public Financing Authority will hear public comments on matters not appearing on the agenda but within City Council / Agency / Authority jurisdiction at this time. The City Council / Agency / Authority will also accept public requests for removal of Consent Calendar items for further discussion. Those wishing to speak on a regular business or a public hearing item on this agenda may do so when the Mayor / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency / Authority from acting on non-agenda items. The public may inspect any writings or documents provided to a majority of the Council / Agency / Authority regarding any item on this agenda at the City Clerk s Office located at 303 West Commonwealth Avenue, Fullerton, California and the Fullerton Main Branch Library Information Counter located at 353 West Commonwealth Avenue, Fullerton, California during normal business hours. The City will also post such writings and documents on the City s February 4, Page 1

4 CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Council may ask a question for clarification, make a brief announcement, make a brief report on his / her activities, request a report from staff at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda. APPOINTMENTS None CONSENT CALENDAR (Items 1 through 8) City Council / Successor Agency / Public Financing Authority will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency / Authority will not have separate discussion of these items unless Council / Agency / Authority Members, staff or the public request discussion or removal of specific Consent Calendar items for separate action. 1. JANUARY 21, 2014 MEETING MINUTES Recommendation by the Office of the City Clerk: Approve January 21, 2014 City Council / Successor Agency / Public Financing Authority Meeting Minutes. 2. APPOINTMENT OF CITY TREASURER Recommendation by Administration: Appoint Julia James, Director of Administrative Services, as City Treasurer. 3. COMPREHENSIVE ANNUAL FINANCIAL REPORT AND SINGLE AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 2013 Recommendation by the Administrative Services Department: Receive and file Comprehensive Annual Financial Report and Single Audit Report for fiscal year ended June 30, MID-YEAR BUDGET REVIEW FOR Recommendation by the Administrative Services Department: Adopt Resolution No XX. RESOLUTION NO 2014-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR February 4, Page 2

5 5. REFINANCING WATER FUND OBLIGATIONS Recommendation by the Administrative Services Department: Adopt Resolution No XX. RESOLUTION NO 2014-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,500,000 TO REFINANCE OUTSTANDING 2004 WATER REVENUE CERTIFICATES OF PARTICIPATION AND INSTALLMENT PAYMENTS DUE TO THE ORANGE COUNTY WATER DISTRICT AND APPROVING RELATED DOCUMENTS AND ACTIONS 6. CERTIFICATION OF WEED ABATEMENT COSTS Recommendation by the Fire Department: Adopt Resolution No XX. RESOLUTION NO XX 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 7. STATE COLLEGE BOULEVARD GRADE SEPARATION AWARD CONSTRUCTION CONTRACT Recommendation by the Public Works Department: 1. Approve plans and specifications for the State College Grade Separation project. 2. Approve $382,069 budget transfer of Bond funds, $5,186,112 of federal funds, $3,768,000 State Funds, $1,992,000 M-Regional funds, BNSF Railroad funds ($652,397) and Orange County Sanitation District funds ($1,200,000) to Project No Award $37,974, construction contract to USS Cal Builders Inc. for State College Grade Separation project. 8. RAYMOND AVENUE GRADE SEPARATION AWARD CONSTRUCTION CONTRACT Recommendation by the Public Works Department: 1. Approve plans and specifications for the Raymond Avenue Grade Separation project. February 4, Page 3

6 2. Approve $30,137,000 budget transfer into the Raymond Avenue Grade Separation project from the funding sources as follows: Appropriation increase in the amount of $23,730,000 from State Funds. Appropriation increase in the amount of $6,187,000 from Measure M Regional Funds. Appropriation increase in the amount of $1,320,000 from the Metropolitan Water District s contribution of funds. Appropriation decrease in the amount of $1,100,000 from the Burlington Northern Santa Fe Railroad contribution of funds. 3. Award $46,416, construction contract to Flatiron West, Inc. for Raymond Avenue Grade Separation project. PUBLIC HEARINGS None. REGULAR BUSINESS (Items 9 through 15) LEGISLATIVE PLATFORM The proposed 2014 City of Fullerton Legislative Platform confirms the City Council s position on legislative issues that have the potential to directly or indirectly impact the City of Fullerton. Recommendation by the Office of the City Clerk: Review and adopt 2014 Legislative Platform. 10. CALIFORNIA HOME ENERGY RENOVATION (HERO) PROGRAM In June 2013, the City Council directed the Energy and Resource Management Committee to review the HERO Program offered throughout the State by the Western Riverside Council of Governments and make a recommendation to City Council. Recommendation by the Community Development Department: Adopt Resolution No XX. RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND February 4, Page 4

7 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO 11. POSTING OF NON-PROFIT BANNERS (Continued from January 21, 2014 meeting) On December 17, 2013, City Council approved a temporary moratorium on enforcement at three popular banner locations and directed staff to develop alternatives for posting non-profit organization banners to best meet the needs of nonprofit groups. Recommendation by the Parks and Recreation Department: 1. Approve proposed Fullerton Non-Profit Organization Promotional Banner Draft Guidelines and Fees and direct staff to implement the guidelines and fees for a trial period of eighteen months. 2. Direct staff to report on the success of the program to City Council at the end of the eighteen month period and recommend appropriate changes for further implementation. 3. Direct staff to procure a bid for construction and installation of the Fullerton non-profit banner frames in the following proposed locations: Southwest corner of State College and Yorba Linda Boulevard Harbor Boulevard at Hillcrest Park Corner of Bastanchury Road and Euclid Street Gilbert Park. 12. HILLCREST PARK MASTER PLAN PHASED IMPLEMENTATION PLAN In 2008, City Council Established the Hillcrest Park Master Plan Ad Hoc Committee. In 2011, the Ad Hoc Committee presented the Hillcrest Park Master Plan to City Council and City Council directed the Committee to create a phased implementation plan. The Ad Hoc Committee has completed the phased implementation plan. Recommendation by the Parks and Recreation Department: Review and approve the Hillcrest Park Master Plan phased implementation plan and direct staff to procure professional design consultant services from Mia Lehrer & Associates for the initial three phases of improvements. 13. ORDINANCE ADDING CHAPTER 7.40 TO TITLE 7 OF THE FULLERTON MUNICIPAL CODE RELATING TO REMOTE CALLER BINGO GAMES The Fullerton Municipal Code currently permits bingo games by nonprofit organizations. The proposed ordinance would provide licensing provisions for nonprofit organizations to conduct remote caller bingo games and allow organizations February 4, Page 5

8 to raise additional funds to provide essential services to the community. This request was made by Fullerton Elks Lodge #1993. Recommendation by the City Manager: Introduce Ordinance XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING CHAPTER 7.40 (REMOTE CALLER BINGO GAMES) TO TITLE 7 (PUBLIC SAFETY AND MORALS) AUTHORIZING REMOTE CALLER BINGO GAMES 14. SAFE AND SANE FIREWORKS SALES 2013 marked the first year of fireworks sales since voters approved the sale of fireworks during the November 2012 General Municipal Election. Staff requests City Council review the 2013 process and determine rules and regulations for fireworks sales in Recommendation by the Office of the City Clerk: 1. Receive and File 2013 Annual Report on Safe and Sane Fireworks Sales. 2. Confirm timeline for 2014 application process. 3. Review fees for approval at the February 18, 2014 meeting. 4. Adopt Resolution No XX. RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF SAFE AND SANE FIREWORKS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION AND REPEALING RESOLUTION NO OUTDOOR ADVERTISING (Continued from January 21, 2014 meeting) On January 21, 2014, City Council continued consideration of this item until February 4, 2014 due to the late hour. Staff requests further continuance of this item until February 18, 2014 so staff may provide additional information for City Council consideration. Recommendation by the Community Development Department: Continue to February 18, February 4, Page 6

9 AGENDA FORECAST February 18, 2014 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section (d)(1) MADD Presentation Laura s Law Presentation Art Walk Proclamation Sister City Korea Trip Update OC Human Relations Annual Report Acceptance of Donations Designation of Officials Authorized to Execute Documents in Connection with Obtaining Financial Assistance for Emergency Services Paramedic Insurance Reimbursement Resolution Successor Agency ROPS 14-15A Public Hearing for Abandonment of Pedestrian Access Easement on Northwest Corner of Chapman/Commonwealth Financing for Tech Upgrades College Connector Study March 4, 2014 Arbor Day Proclamation PLC Harborwalk Apartments Direct EDC Appointments ADJOURNMENT The next City Council / Successor Agency closed session meeting is February 18, 2014 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 February 18, 2014 at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. February 4, Page 7

10 The City will rebroadcast this City Council / Successor Agency / Public Financing Authority meeting on Time Warner Cable Channel 3 at 6:00 p.m. the Wednesday and Sunday immediately following the meeting. The public may access meeting rebroadcasts on demand at February 4, Page 8