Acting City Manager Gretchen Beatty, City Attorney Richard D. Jones, City Clerk Lucinda Williams

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1 pf CITY OF FULLERTON FLU./ CITY COUNCIL / SUCCESSOR AGENCY 0 CLOSED SESSION MINUTES 2 JANUARY 17, : 00 P. M. Council Chamber 1/./ Fock 303 West Commonwealth Avenue Fullerton, California 5: 00 p. m. CALL TO ORDER Mayor/ Chair Whitaker called the meeting to order at 5: 00 p. m. All Present ROLL CALL Present: Mayor / Chair Whitaker, Mayor Pro Tem / Vice Chair Chaffee, Council Members Fitzgerald, Sebourn, Silva Absent: Staff Present: None Acting City Manager Gretchen Beatty, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS None. RECESS to Closed Session Mayor/ Chair Whitaker recessed to Closed Session at 5: 02 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( d)( 1) Name of Case: Douglas Mierczynski ( Deceased) v. City of Fullerton Case Number: WCAB ADJ Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes January 17, Page 1

2 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( d)( 1) Name of Case: Vivian " Kitty" Jaramillo v. City of Fullerton Case Number: OCSC : 35 p. m. ADJOURNMENT Mayor/ Chair Whitaker adjourned the meeting at 5: 35 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is January 17, 2017 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Milt Williams, City Clerk Bruce Whitaker, Mayor Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes January 17, Page 2

3 Fu CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / of t A4-,. p REGULAR MEETING MINUTES PUBLIC FINANCING AUTHORITY lu Z JANUARY 17, : 30 P. M. t.' <," Council Chamber 0414.iFolv4 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor/ Chair Whitaker called the meeting to order at 6: 30 p. m. All Present ROLL CALL Present: Mayor / Chair Whitaker, Mayor Pro Tem / Vice Chair Chaffee, Council Members Fitzgerald, Sebourn, Silva Absent: Staff Present: None Acting City Manager Gretchen Beatty, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION given by Council Member Sebourn. PLEDGE OF ALLEGIANCE led by Mayor Pro Tern Chaffee. CLOSED SESSION REPORT None. EX PARTE COMMUNICATIONS REPORT PURSUANT TO CITY OF FULLERTON RESOLUTION NO TRANSPARENCY IN LABOR NEGOTIATIONS None. Presented PRESENTATIONS 1. PRESENTATION: Outgoing Assembly Member Young Kim January 17, Page 3

4 PUBLIC COMMENTS Chuck Street spoke about the cost of housing in Fullerton. Veronica Morales, Fullerton spoke about parking issues on Valencia Drive. Efrain Pereyra, Fullerton, spoke about parking issues on Valenica Drive. Jonathan Montano, Fullerton, spoke about parking issues on Valencia Drive. Kelsey Garcia, Fullerton, spoke about parking issues in the Gem District. Debbie Cook, Huntington Beach, thanked former Council Member Jan Flory for her service and supported reappointing her to the Orange County Water District Board. John Earl, Huntington Beach, spoke in support of reappointing Jan Flory to the Orange County Water District Board. Ryan Kelly, Fullerton, spoke about noise in the downtown area. Tony Bushala, Fullerton, spoke about noise in the downtown area. CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Council responded to issues arising during public comments. Council Member Sebourn shared news of his mother' s recent passing and read her obituary. Mayor Whitaker offered condolences and a certificate to Council Member Sebourn adjourning the meeting in his mother's memory. Council Member Fitzgerald offered condolences to Council Member Sebourn, spoke about adding a box for language assistance to speaker slips and reported her attendance at an Assist Teens event. Mayor Pro Tern Chaffee offered condolences to Council Member Sebourn and his family. Council Member Silva asked, supported by Mayor Whitaker, for a study session on the Hunt Library in February, possibly with the budget study session. Council Member Silva asked for a press release, signage and ribbon cutting ceremony in February to invite people to visit the Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes January 17, Page 4

5 Bob Ward Nature Center. Council Member Silva asked for a downtown parking audit. Staff will provide the most recent information to Council Member Silva. Council Member Silva asked staff to distribute CalRecycle funding guidelines to local nonprofits by the next meeting. Mayor Whitaker said parking issues are still of great concern to him and commented on noise in the downtown area. Appointments made APPOINTMENTS 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Fitzgerald moved, seconded by Chaffee, to ratify the following direct appointments. 1. Mayor Whitaker a. Jeffrey Chase appointed to Bicycle User Subcommittee for term ending December 31, b. Deferred - Citizens Infrastructure Review Committee direct appointment for term ending December 31, c. Deferred - Community Development Citizens Committee ( Southwest) direct appointment for vacant term ending June 30, d. Deferred - Economic Development Commission direct appointment for term ending December 31, e. Jenelle Bader appointed to Energy Resource Management Committee for term ending December 31, f. Sean Paden appointed to Library Board of Trustees for unscheduled vacancy for term ending December 31, g. Eric Wehn appointed to Parks and Recreation Commission for term ending December 31, h. Kevin Pendergraft appointed to Planning Commission for term ending December 31, Matthew Atwong appointed to Design Review Committee for term ending January 17, Page 5

6 December 31, j. Peter Gambino appointed to Transportation and Circulation Commission for term ending December 31, Mayor Pro Tern Chaffee a. No applicants - Community Development Citizens Committee ( Southwest) direct appointment for vacant term ending June 30, b. Gretchen Cox appointed to Energy Resource Management Commission for vacant term ending December 31, c. Carl Byers appointed to Library Board of Trustees for term ending December 31, d. Deferred - Transportation and Circulation Commission for vacant term ending December 31, Council Member Fitzgerald a. Joel Maus appointed to Bicycle User Subcommittee for term ending December 31, b. Patrick McNelly appointed to Citizens Infrastructure Review Committee for term ending December 31, c. Elizabeth Hansburg appointed to Community Development Citizens Committee (Southeast) for term ending June 30, d. Gary Graves appointed to Economic Development Commission for term ending December 31, e. Leena Rai appointed to Energy Resource Management Committee for term ending December 31, f. Gretchen Cox appointed to Parks and Recreation Commission for term ending December 31, g. Christopher Gaarder appointed to Planning Commission for term ending December 31, h. Ken Bane appointed to Design Review Committee for term ending December 31, January 17, Page 6

7 2020. i. Amy Koorstad appointed to Transportation and Circulation Commission for term ending December 31, Council Member Silva a. Vince Buck appointed to Bicycle User Subcommittee for term ending December 31, b. Jane Rands appointed to Citizens Infrastructure Review Committee for term ending December 31, c. Arnel Dino appointed to Economic Development Commission for term ending December 31, d. Mark Shaprio appointed to Energy Resource Management Committee for term ending December 31, e. Aaruni Thakur appointed to Parks and Recreation Commission for term ending December 31, f. Wayne Carvalho appointed to Planning Commission for term ending December 31, g. Brian Torres appointed to Design Review Committee for term ending December 31, h. Dererred - Transportation and Circulation Commission for term ending December 31, Ratify appointments. PUBLIC HEARINGS ( Item 1) Resolutions Nos , 1. NEW MULTI- STORY RESIDENTIAL AND adopted; COMMERCIAL DEVELOPMENT AT 600 WEST Ordinance No COMMONWEALTH AVENUE AND 628 WEST introduced. WILLIAMSON AVENUE Mayor Whitaker opened the public hearing at 7: 59 p. m. p. m. Kathleen Duncan, Fullerton, spoke in support of this Chuck Street spoke in support of this January 17, Page 7

8 Jane Rands, Fullerton, spoke in item. opposition to this Maria Zibell, Fullerton, expressed concerns with the traffic impacts of the Patrick Zibell, Fullerton, expressed concerns with the traffic impacts of this Aaron Childs, Fullerton, spoke in support of the Nancy Stevens, Fullerton, spoke in support of this Denise Bumbalough, Fullerton, spoke in opposition to this Fasil Quasi spoke in support of this Jacqueline Mahrley, Fullerton, spoke in opposition to this Chris Gaarder, Fullerton, spoke in support of this Terri Prado spoke in opposition to this Deborah Camacho, Fullerton, spoke in opposition to this Winifred Hopkins, Fullerton, spoke in opposition to this Tim Mullahey spoke in support of this Jeanne Smith, Fullerton, spoke in opposition to this David Froberg, Fullerton, spoke in opposition to this Tony Bushala spoke in opposition to this Manuel Walker, Fullerton spoke in opposition to this Tim Johnson, Fullerton, spoke in opposition to this Bob Hallstrom, Fullerton, spoke in opposition to this Derek Kirk spoke in support of this Jane Reifer, Fullerton, spoke in opposition to this item. Sean Paden spoke in opposition to this item. David Curlee, Fullerton, spoke in opposition to this January 17, Page 8

9 item. Elsie Mustaller expressed concerns with some elements of the Matt Leslie spoke in opposition to this Polly Kranicz-Morgan spoke in support of this Damien Planchen spoke in opposition to this Elizabeth Hansburg spoke in support of this Irene Shaw Broden, Fullerton, spoke in opposition to this Helen Higgins asked about the project' s compliance with state regulations. Shawn Stewart, Fullerton, expressed concerns with the parking associated with this Jude Smedley, Fullerton, expressed concern with traffic congestion created by this project and asked about occupancy rates of existing developments. Joshua Ferguson spoke in opposition to this Alex Santana, Fullerton, asked City Council to consider this project' s impact on schools and crime. Leland Wilson, Fullerton, spoke in opposition to this Debra Pember, Fullerton, spoke in support of this Don Kinda, Fullerton, spoke in opposition to this Joe Imbriano spoke in opposition to this Mayor Whitaker recessed the meeting at 9: 25 p. m. Mayor Whitaker reconvened the meeting at 9: 39 p. m. Mayor Whitaker closed public hearing at 9: 39 p. m. Sebourn moved, seconded by Chaffee, to: 1. Adopt the following resolutions: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A NEW 642, 105 SQUARE FOOT MIXED USE RESIDENTIAL DEVELOPMENT DATED AUGUST 31, 2016 PREPARED FOR THE PROPERTY LOCATED AT 600 WEST COMMONWEALTH January 17, Page 9

10 AVENUE AND 628 WEST WILLIAMSON AVENUE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A GENERAL PLAN REVISION TO REDESIGNATE THE PROPERTY AT 600 WEST COMMONWEALTH AVENUE FROM COMMERCIAL TO URBAN CENTER MIXED- USE AND THE PROPERTY AT 628 WEST WILLIAMSON AVENUE FROM INDUSTRIAL TO URBAN CENTER MIXED- USE 2. Introduce Ordinance No for first reading by title only and waive further reading of the ordinance. ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING ZONING AMENDMENT LRP TO CHANGE THE ZONING OF A ACRE SITE FROM G- C ( GENERAL COMMERCIAL) FOR THE PROPERTY AT 600 WEST COMMONWEALTH AVENUE AND M- G MANUFACTURING, GENERAL) FOR THE PROPERTY AT 628 WEST WILLIAMSON AVENUE TO SPD ( SPECIFIC PLAN DISTRICT) FOR PROPERTIES AT 600 WEST COMMONWEALTH AVENUE AND 628 WEST WILLIAMSON AVENUE Motion carried 4 1 ( No: Whitaker). City Clerk Williams read the title of ordinance. Sebourn moved, seconded by Fitzgerald, to continue consideration of the resolution adopting a major site plan to the March 7, 2017 City Council meeting. Motion carried 4 1 ( No: Whitaker). Mayor Whitaker recessed the meeting at 10: 51 p. m. Mayor Whitaker reconvened the meeting at 10: 59 p. m. REGULAR BUSINESS ( Items 2 8) Received and filed 2. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 Joshua Ferguson spoke about unfunded pension liabilities. Sebourn moved, seconded by Fitzgerald, to receive and file. Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes January 17, Page 10

11 Resolution No RULES OF PROCEDURE AND DECORUM FOR CITY adopted COUNCIL MEETINGS Fitzgerald moved, seconded by Chaffee, to table this item. Jesse La Tour supported the proposed amendment to the Rules of Procedure. Chaffee withdrew his second from the motion to table. Sebourn moved, seconded by Whitaker, to adopt Resolution No amending Rules of Procedure and Decorum for City Council meetings and repealing Resolution No Motion carried 4 1 ( No: Fitzgerald). Resolution No AGREEMENT RETAINING ALLAN L. ROEDER AS adopted INTERIM CITY MANAGER Fitzgerald moved, seconded by Sebourn, to: 1. Adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AGREEMENT RETAINING ALLAN L. ROEDER AS INTERIM CITY MANAGER 2. Authorize Mayor to sign agreement on behalf of the City. Resolutions Nos , 5. SAN CARLOS DRIVE, MAERTIN LANE, GROVE , and PLACE AND NUTWOOD AVENUE - RESIDENT ONLY adopted PERMIT PARKING FULLERTON MUNICIPAL CODE Fitzgerald moved, seconded by Chaffee, to adopt the following resolutions: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, PROHIBITING PARKING ON SAN CARLOS DRIVE BETWEEN PEARSON AVENUE AND ITS NORTHERLY TERMINUS WITHOUT A VALID CITY ISSUED PARKING PERMIT RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, PROHIBITING PARKING ON MAERTIN LANE BETWEEN GROVE PLACE AND NUTWOOD AVENUE WITHOUT A VALID CITY ISSUED PARKING PERMIT RESOLUTION NO A RESOLUTION OF THE January 17, Page 11

12 CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, PROHIBITING PARKING ON GROVE PLACE BETWEEN ACACIA AVENUE AND MAERTIN LANE WITHOUT A VALID CITY ISSUED PARKING PERMIT RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, PROHIBITING PARKING ON NUTWOOD AVENUE BETWEEN ACACIA AVENUE AND MOUNTAIN VIEW PLACE WITHOUT A VALID CITY ISSUED PARKING PERMIT Motion carried 4 1 ( No: Whitaker). Approved 6. ACCEPT AWARD OF HOUSING RELATED PARKS PROGRAM GRANT FUNDING FOR ACQUISITION OF PARK LAND Sebourn moved, seconded by Fitzgerald, to accept 364, 550 Housing Related Parks Program grant from State of California and approve budget transfer for 364, 550 from grant funds and $ 400, 000 from park dwelling funds available in fund balance to Project Continued 7. DRAFT 2017 LEGISLATIVE PLATFORM Fitzgerald moved, seconded by Sebourn, to continue this item to a date uncertain. Continued 8. CITY REPRESENTATION REGIONAL ADVISORY BODIES AND WORKGROUPS Fitzgerald moved, seconded by Silva, to continue this item to the February 7, 2017 meeting. CONSENT CALENDAR (Items 9 22) Sebourn moved, seconded by Fitzgerald, to approve Consent Calendar Items 9, 10, 11, 12, 16, 17, 18, 20, 21 and 22. January 17, Page 12

13 Approved 9. DECEMBER 6, 2016 MEETING, DECEMBER 13, 2016 SPECIAL MEETING AND JANUARY 5, 2017 SPECIAL MEETING MINUTES Recommendation by the City Clerk' s Office: Approve December 6, 2016 City Council / Successor Agency/ Public Financing Authority Meeting Minutes, December 13, 2016 City Council / Successor Agency / Public Financing Authority / Housing Authority Special Meeting Minutes and January 5, 2017 City Council / Successor Agency / Public Financing Authority Special Meeting Minutes. Received and filed 10. NOVEMBER 2016 AND DECEMBER 2016 CHECK REGISTERS Recommendation by the Administrative Services Department: Receive and file. Received and filed 11. MONTHLY LEGISLATIVE UPDATE Recommendation by the City Clerk's Office: Receive and file. Approved 12. RECOGNIZED OBLIGATION PAYMENT SCHEDULE FISCAL YEAR Recommendation by the Administrative Services Department: Approve the Recognized Obligation Payment Schedule for Fiscal Year Approved 16. AUTHORIZE SIGNATURE AUTHORITY FOR DOCUMENTS RELATED TO IMPLEMENTING FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR STREET RECONSTRUCTION REHABILITATION IMPROVEMENTS Recommendation by the Community Development Department: Authorize Community Development Director, or designee, and Public Works Director, or designee, to execute certain documents prepared for FY Community Development Block Grant Funding related to implementation of CDBG City Street / Reconstruction / Rehabilitation program. January 17, Page 13

14 Received and filed ANNUAL COMMITTEE REPORT FOR THE ENERGY AND RESOURCE MANAGEMENT COMMITTEE Recommendation by the Public Works Department: Receive and file. Approved 18. AUTHORIZATION OF VEHICLE PURCHASES Recommendation by the Public Works Department: Approve the purchase of seven trucks from Frontier Ford. Approved 20. CONTRACT AWARD FOR OLIVE AVENUE STORM DRAIN IMPROVEMENTS FROM MAGNOLIA AVENUE TO PINE AVENUE Recommendation by the Public Works Department: 1. Approve plans and specifications for the Olive Avenue Storm Drain Improvement from Magnolia Avenue to Pine Avenue 2. Award the construction contract for the Olive Avenue Storm Drain Improvement from Magnolia Avenue to Pine Avenue project to Leatherwood Construction, Inc. in the amount of$ 2, 772, Approve a budget transfer in the amount of 810, 000 from Sanitation Fund Balance, $ 575, 000 from Project No , $ 115, 000 from Project No and $ 150, 000 from Project No to Project No Bids rejected 21. HILLCREST PARK FOUNTAIN RESTORATION PROJECT Recommendation by the Public Works Department: Reject all bids for the Hillcrest Park Fountain Restoration Project. Approved 22. WEST ORANGETHORPE AVENUE EMERGENCY SEWER REPAIRS Recommendation by the Public Works Department: Approve $ 295, 920 budget transfer from Sewer Enterprise Fund reserves to sewer division operating budget: Professional and Contractual Fees. ITEMS REMOVED FROM CONSENT CALENDAR Approved 13. ANNUAL ANALYSIS OF EMPLOYEE COSTS David Curlee commended City staff on the level of January 17, Page 14

15 transparency in this report and asked questions about medical contributions. Sebourn moved, seconded by Chaffee, to approve report. Approved 14. AGREEMENT BETWEEN CITY OF FULLERTON AND WILLIAM AVERY & ASSOCIATES TO PROVIDE EXECUTIVE RECRUITING SERVICES David Curlee asked about the residency requirement in the job description. Sebourn moved, seconded by Silva, to ratify agreement between the City and William Avery & Associates entered into by Acting City Manager Gretchen Beatty at the direction of the City Council and approve appropriation of necessary funds to cover the cost of the executive recruitment. Approved 15. DESIGNATION OF CO- COUNSEL AND AGREEMENT FOR LEGAL SERVICES WITH BEST BEST & KRIEGER LLP Chaffee moved, seconded by Sebourn to authorize Interim City Manager to sign agreement with Best Best & Krieger LLP to provide legal services with respect to the specialized area of antitrust law. Continued 19. CITY MAIN LIBRARY SELF- CHECK AND SECURITY FACILITIES Sebourn moved, seconded by Whitaker, to continue this item. AGENDA FORECAST ( tentative) Tuesday, January 24, 2017 SPECIAL MEETING: FIRE SERVICES REPORT AND DISTRICT ELECTIONS SEQUENCE STUDY SESSIONS Tuesday, February 7, 2017 CITY COUNCIL AT- LARGE APPOINTMENTS STATE COLLEGE BOULEVARD AND RAYMOND AVENUE GRADE SEPARATION PROJECTS CONTRACT January 17, Page 15

16 CHANGE ORDERS FOR CONSTRUCTION MANAGEMENT SERVICES AWARD OF CITY TREE SERVICES CONTRACT SUMMARY VACATION OF UNNEEDED UTILITY EASEMENTS AT 770 SOUTH HARBOR BOULEVARD PERSONNEL MANAGEMENT SYSTEM CHANGES FULLERTON SCHOOL DISTRICT JOINT USE AGREEMENT ALL THE ARTS FOR ALL THE KIDS HEART PROJECT BICYCLE CORRIDOR IMPROVEMENT PROGRAM COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY - WILSHIRE BIKE BOULEVARD AND CITYWIDE BICYCLE AND PEDESTRIAN SAFETY IMPROVEMENTS KIMBERLY STORM DRAIN IMPROVEMENT COUNCIL AWARD APPROVAL OF SALARY SCHEDULE COMPILATION DOWNTOWN PARKING MANAGEMENT AND COMMUNITY BENEFITS DISTRICT STUDY SESSION FULLERTON MUNICIPAL CODE SECTION EARLY MORNING PARKING EXEMPTION - CITRUS AVENUE AND SAPPHIRE ROAD 2016 FIREWORKS SALES REPORT / 2017 FIREWORKS SALES PROGRAM CALRECYCLE PROGRAM FUNDING 11: 49 p. m. ADJOURNMENT Mayor / Chair Whitaker adjourned the meeting at 11: 49 p. m. in memory of Arline Sebourn. The next City Council / Successor Agency study session is January 24, 2017 at 5: 00 p. m. in the Fullerton Library, 353 West Commonwealth Avenue, Fullerton, California. The next City Council / Successor Agency closed session meeting is February 7, 2017 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 7, 2017 at 6:30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. January 17, Page 16

17 i 3 w L) Bruce Whitaker, Mayor Lucinda Williams, City Clerk January 17, Page 17

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