CITY OF FULLERTON CLOSED SESSION MINUTES. Mayor/ Chair Quirk- Silva recessed to Closed Session at 5: 01 p. m. 1. CONFERENCE WITH LABOR NEGOTIATOR Per

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1 FUL. 44, CITY OF FULLERTON CITY COUNCIL / REDEVELOPMENT AGENCY Ot tira u ' ' Z t,, Q. 5+ iyd47; 1i c P Council Chamber 9/ FOR 303 West Commonwealth Avenue CLOSED SESSION MINUTES JANUARY 17, : 00 P. M. Fullerton, California 5: 00 p. m. CALL TO ORDER Mayor / Chair Quirk- Silva called the meeting to order at 5: 00 p. m. in the Council Chamber. All present ROLL CALL Present: Absent: Staff Present: Mayor / Chair Quirk- Silva, Mayor Pro Tem / Vice Chair McKinley, Council / Agency Members Bankhead, Jones, Whitaker None City Manager/ Interim Executive Director Joe Felz, City Attorney Richard D. Jones; City Clerk / Secretary Lucinda Williams None PUBLIC COMMENTS None. Bankhead moved, seconded by McKinley, to add an agenda item regarding potential exposure to litigation arising from the Kelly Thomas incident as the need to act on this item arose after posting of the agenda and requires action prior to the next regular City Council meeting. Motion carried : 01 p. m. RECESS to Closed Session Mayor/ Chair Quirk- Silva recessed to Closed Session at 5: 01 p. m. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section Agency Negotiator: Employee Organizations: Director of Human Resources Gretchen Beatty Fullerton Fire Management Association Fullerton City Council/ Redevelopment Agency Minutes January 17, Page 1

2 Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Jose Hernandez Gonzalez, et al. v. City of Fullerton, et al. USDC Case No. SACV JST 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Rae Beale v. City of Fullerton Orange County Superior Court Case # CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Nieves Lemanski and Gideon Fridman v. City of Fullerton, et al. Case Number: OCSC Case No.: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( c) Initiation of Litigation: One Case 6. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( b) Significant Exposure to Litigation: One Case 7. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( b) added agenda item) Significant Exposure to Litigation: One Case 6: 15 p. m. ADJOURNMENT Mayor/ Chair Quirk- Silva adjourned the meeting at 6: 15 p. m. The next regular City Council / Redevelopment Agency / Public Financing Authority meeting is January 17, 2012 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. h(14 an (tiak- ARff Sharon Quirk- ilva, Mayor/ Chair uci da hams, City Clerk / Secretary Fullerton City Council/ Redevelopment Agency Minutes January 17, Page 2

3 CITY OF FULLERTON F CITY COUNCIL / REDEVELOPMENT AGENCY / PUBLIC FINANCING AUTHORITY REGULAR MEETING MINUTES N JANUARY 17, :30 P. M. ota Council Chamber 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor/ Chair Quirk-Silva called the meeting to order at 6: 30 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor / Chair Quirk-Silva, Mayor Pro Tem/ Vice Chair McKinley, Council / Agency Members Bankhead, Jones, Whitaker None City Manager / Interim Executive Director Joe Felz, Deputy City Attorney Christian Bettenhausen, City Clerk / Secretary Lucinda Williams City Clerk / Secretary Williams read the compensation announcement for simultaneous meetings. INVOCATION Given by Council / Agency/ Authority Member Whitaker. PLEDGE OF ALLEGIANCE Led by Brownie Troop 101. CLOSED SESSION REPORT Deputy City Attorney Bettenhausen reported that City Council voted 5 0 to authorize a $ 30, 000 settlement in the case of Nieves Lemanski and Gideon Fridman v. City of Fullerton, et al. 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 website at com. Fullerton City Council/ Redevelopment Agency/ Public Financing Authority Agenda January 17, Page 1

4 Presented PRESENTATIONS 1. CERTIFICATES: Miss Fullerton Pageant 2. PRESENTATION: Grand Jury Recruitment PUBLIC COMMENTS Barry Levinson recognized public employees. Joanne Abu Dartoumy spoke about the Kelly Thomas incident. Kim Harris spoke about homeless shelter donations and the Kelly Thomas incident. Joshua Sandoval spoke about skate parks. Christine Walker spoke about water rates and the Homeless Task Force. Michelle Kearney spoke about First Night Fullerton and water rates. Jeff Levine spoke about the skate park and the homeless. Marlena Carrillo spoke about the Kelly Thomas incident. Synthian Sharp spoke about Occupy OC. Andrew Weber spoke about Occupy OC. Mona Loy spoke about Occupy OC. Laura Eager spoke about Occupy OC. Oliver Hart spoke about Occupy OC. George Oliva spoke about Occupy OC and the Kelly Thomas incident. A.R. M. Outlaw spoke about Occupy OC. Ron Thomas spoke about the Kelly Thomas incident. Jarren Duke spoke about skate parks. Dustin Duke spoke about skate parks. Samara Moheda spoke about the Kelly Thomas incident and domestic violence. Charles Cha spoke about Occupy OC. Dennis Acevedo spoke about veteran services and the recall effort. Robyn Nordell spoke about the police department. Marian Davidson spoke about street lights and the police department. Erin Lewis spoke about police issues and the Kelly Thomas incident. Leslie Brown spoke about the separation of church and state. Bonnie ( no last name given) spoke about skate parks. Roberta Reid Center. spoke about membership bar codes at the Senior None APPOINTMENTS - None January 17, Page 2

5 CONSENT CALENDAR Jones moved, seconded by Bankhead, to approve Consent Calendar Items 1, 6 and 8. Approved 1. DECEMBER 20, 2011 MEETING MINUTES AND JANUARY 10, 2012 SPECIAL MEETING MINUTES Recommendation by the Office of the City Clerk: Approve December 20, 2011 Council / Redevelopment City Agency / Public Financing Authority Meeting Minutes and January 10, 2012 City Council / Redevelopment Agency Special Meeting Minutes. Resolution No. 6. OCTA GRANT FUNDING FOR BREA BOULEVARD, adopted COMMONWEALTH AVENUE, LEMON STREET AND PLACENTIA AVENUE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM Recommendation by the Engineering Department: Adopt Resolution No and authorize Director of Engineering to submit grant application( s) to OCTA for the Project P/ RTSSP under the Competitive Measure M2 Regional Transportation Signal Synchronization Program. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING APPLICATION( S) FOR FUNDS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM Approved 8. SEWER REPLACEMENT PROJECT CONTRACT Recommendation by the Engineering Department: 1. Approve plans and specifications for the Sewer Replacement Project at Various Locations. 2. Approve budget transfer in the amount of $ 1, 037, 000 from Project No , $ 115, 379 from Project No , $ 45, 621 from Project No and $ 34, 000 from Developer Contribution subprogram to Project No Award construction contract to EBS General Engineering, Inc. for the Sewer Replacement Project at Various Locations in the amount of$ 998, 151. January 17, Page 3

6 ITEMS REMOVED FROM CONSENT CALENDAR Ordinance No. 2. ADOPT ORDINANCE NO REGARDING LEVYING 3176 adopted SPECIAL TAXES WITHIN THE FULLERTON COMMUNITY FACILITIES DISTRICT NO. 2 ( AMERIGE HEIGHTS) Recommendation by the Office of the City Clerk: Adopt Ordinance No ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 2 AMERIGE HEIGHTS) Jones moved, seconded by Bankhead, to approve Consent Calendar Item 2. Motion carried 4 1 ( Noes: Whitaker). Received and 3. REDEVELOPMENT AGENCY ANNUAL REPORT FISCAL authorized staff to YEAR file Recommendation by the Economic Development and Redevelopment Department: Receive the FY Redevelopment Agency Annual report and authorize staff to file the report with the State Controller' s Office and the State Department of Housing and Community Development. Jones moved, seconded by Whitaker, to approve Consent Calendar Item 3. Motion carried 5 0. Determination 4. ANNUAL DETERMINATION THAT PLANNING AND made ADMINISTRATIVE EXPENSES ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT OR PRESERVATION OF LOW AND MODERATE INCOME HOUSING Recommendation by the Redevelopment and Economic Development Department: Determine that planning and administrative expenditures from the low and moderate income housing fund are necessary for the production, improvement or preservation of low and moderate income housing. Jones moved, seconded by McKinley, to approve Consent Calendar Item 4. Motion carried 4 1 ( Noes: Whitaker). January 17, Page 4

7 Resolution No. 5. FIVE YEAR EXTENSIONS FOR AFFORDABLE HOUSING adopted SITES HELD BY THE CITY OF FULLERTON Recommendation by the Redevelopment and Economic Development Department: Adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING FIVE-YEAR EXTENSIONS FOR CERTAIN REAL PROPERTIES HELD BY THE CITY OF FULLERTON FOR FUTURE AFFORDABLE HOUSING SITES Jones moved, seconded by Bankhead, to approve Consent Calendar Item 5. Motion carried 4 1 ( Noes: Whitaker). Approved 7. WATER MAIN SYSTEM REPLACEMENT CONTRACT Recommendation by the Engineering Department: 1. Approve plans and specifications for the Water Main System Replacement Award construction contract to J. A. Salazar Construction Supply Corporation for the Water Main System Replacement project in the amount of 1, 119, 020. Bankhead moved, seconded by McKinley, to approve Consent Calendar Item 7. Motion carried 5 0. PUBLIC HEARINGS ( Items 9 through 10) Resolution No. 9. APPEAL OF PLANNING COMMISSION PRJ adopted APPROVAL Mayor Quirk-Silva opened the public hearing at 8: 16 p. m. The following audience members spoke in opposition to this item: Sharif Juma Bart Oakden Jason Quevedo Jeanne Oakden Joseph Ehavarrda January 17, Page 5

8 Will Cruz Erin Lewis Christine Walker. The following audience members spoke in support of this item. Tim Mullahey Sedrak Ekimyan. The following audience members had other comments Sue Lamoureux. Mayor Quirk-Silva closed the public hearing at 8: 59 p. m. McKinley moved, seconded by Jones, to adopt Resolution No to deny the appeal and uphold Planning Commission approval of this project with the added condition to relocate the access drive and add a gate off of the alley for trash and fire access. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND MODIFYING THE PLANNING COMMISSION' S APPROVAL OF A MAJOR DEVELOPMENT PROJECT TO PERMIT CONSTRUCTION OF A SELF SERVE CAR WASH WITHIN A COMMUNITY IMPROVEMENT DISTRICT, A CONDITIONAL USE PERMIT TO AUTHORIZE A CAR WASH IN THE C- H ( COMMERCIAL HIGHWAY) ZONE AND VARIANCE TO LOCATE A CAR WASH AT THE INTERSECTION OF AN ARTERIAL ROAD AND LOCAL STREET ON PROPERTY LOCATED AT 520 SOUTH EUCLID STREET Motion carried 5 0. Finding made and 10. TRG PACIFIC DEVELOPMENT, LLC PROPOSAL FOR Resolution No. MIXED USED DEVELOPMENT INCLUDING AFFORDABLE adopted HOUSING Mayor Quirk-Silva opened the public hearing at 9: 31 p. m. The following audience member spoke in support of this item: Susan Wright. The following audience members had other comments on this item: Jane Rands Barry Levinson. Representatives from The Richmond Group spoke in favor of the project. January 17, Page 6

9 Mayor Quirk Silva closed the public hearing at 9: 39 p. m. Jones moved, seconded by McKinley, to make the finding that this project meets the criteria for affordable housing statutory exemption pursuant to California Environmental Quality Act Section and and adopt Resolution No RESOLUTION NO A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR DEVELOPMENT PROJECT FOR A NEW SIX- STORY MIXED USE BUILDING CONTAINING 95 APARTMENT UNITS ( 94 FOR LOW INCOME SENIORS AND ONE FOR A RESIDENT MANAGER), GROUND FLOOR COMMERCIAL SPACE AND ASSOCIATED RESIDENT ACTIVITY AREAS AND ZONING ADJUSTMENT FOR MINOR REDUCTIONS OF SETBACKS AND PARKING STALL LENGTH ON A ACRE PROPERTY LOCATED AT 345 EAST COMMONWEALTH AVENUE ( NORTHWEST CORNER OF COMMONWEALTH AND LAWRENCE AVENUES) Motion carried 4 1 ( Noes: Whitaker). REGULAR BUSINESS ( Items 11 through 14) Resolution No. 11. CITY DETERMINATION THAT CITY WILL RETAIN HOUSING adopted ASSETS AND FUNCTIONS OF THE FULLERTON REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION Jones moved, seconded by Bankhead, to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DETERMINING THAT THE CITY OF FULLERTON SHALL RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE FULLERTON REDEVELOPMENT AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION Motion carried 4 1 ( Noes: Whitaker). Representatives 12. REGIONAL ADVISORY BODIES and McKinley moved, seconded by Jones, to appoint Mayor Quirk- Silva to serve as the representative to the Orange County Sanitation District Board. appointed alternates Mayor Quirk- Silva recused herself and left the Council Chamber. Motion carried ( Recused: Quirk-Silva). Mayor Quirk- Silva returned to the Council Chamber. January 17, Page 7

10 Bankhead moved, seconded by Jones, to appoint Mayor Pro Tern McKinley to serve as the alternate representative to the Orange County Sanitation District Board. Mayor Pro Tern McKinley recused himself and left the Council Chamber. Motion carried ( Recused: McKinley). Mayor Pro Tern McKinley returned to the Council Chamber. McKinley moved, seconded by Quirk- Silva, to appoint Council Member Whitaker to serve as the representative to the Orange County Vector Control Board for a two-year term. Council Member Whitaker recused himself and left the Council Chamber. Motion carried ( Recused: Whitaker). Council Member Whitaker returned to the Council Chamber. McKinley moved, seconded by Jones, to appoint City Manager Felz to serve as the alternate representative to the Orange County Vector Control Board for a two- year term. Bankhead moved, seconded by McKinley, to appoint Council Member Whitaker to serve as the representative to the Santa Ana River Flood Protection Agency. McKinley moved, seconded by Quirk- Silva, to appoint Council Member Jones to serve as the representative to the Independent Cities Risk Management Authority. McKinley moved, seconded by Quirk- Silva, to appoint Human Resources Director Beatty to serve as the alternate representative to the Independent Cities Risk Management Authority. Jones moved, seconded by McKinley, to appoint Council Member Whitaker to serve as the representative to the Water Advisory Committee of Orange County / Municipal Water District of Orange County. January 17, Page 8

11 Jones moved, seconded by Whitaker, to appoint Council Member Bankhead to serve as the representative to the Growth Management Authority. Jones moved, seconded by Whitaker, to appoint Mayor Quirk- Silva to serve as the alternate to the Growth Management Authority. Quirk- Silva moved, seconded by Bankhead, to appoint Council Member Jones to serve as the representative to the Fullerton Investment Advisory Committee. McKinley moved, seconded by Jones, to appoint Council Member Bankhead to serve as the alternate representative to the Fullerton Investment Advisory Committee. Jones moved, seconded by Quirk- Silva, to appoint Mayor Pro Tem McKinley to serve as the representative to the Fullerton Sports Field Users' Committee. Jones moved, seconded by Whitaker, to appoint Mayor Pro Tern McKinley to serve as the representative to the Fullerton Sister City Association. Jones moved, seconded by McKinley, to appoint Council Member Bankhead to serve as the representative to the North Orange County Cities Transit Assessment Study. McKinley moved, seconded by Quirk-Silva, to appoint Council Member Jones to serve as the alternate representative to the North Orange County Cities Transit Assessment Study. Fullerton City Council/ Redevelopment Agency/ Public Financing Authority Minutes January 17, Page 9

12 Resolution No. 13. FULLERTON POLICE MANAGEMENT ASSOCIATION adopted MEMORANDUM OF AGREEMENT Bankhead moved, seconded by McKinley to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION DATED JANUARY 9, 2012 Motion carried 4-1 ( Noes: Whitaker). Item continued 14. OUTDOOR DINING Jones moved, seconded by McKinley, to continue this item to the February 7, 2012 meeting. CITY COUNCIL / REDEVELOPMENT AGENCY / STAFF COMMUNICATIONS Council Member Whitaker requested a discussion of the Kelly Thomas incident and the Public Information Officer recruitment at a future meeting. Mayor Quirk-Silva announced upcoming City events. AGENDA FORECAST February 7, 2012 Direct Board Appointments Commonwealth Avenue Reconstruction from Highland to Short Verizon - Bastanchury Park Mid- Year Financial Review City' s Annual Financial Report FY Updated High Fire Severity Zone Maps Airport Contract Tower Support February 21, 2012 At Large Commission / Committee Appointments Rosecrans Avenue Reconstruction from Gilbert to Canyon One- Hour Parking at City Pointe Code Enforcement Update January 17, Page 10

13 10: 50 p. m. ADJOURNMENT Mayor/ Chair Quirk-Silva adjourned the meeting at 10: 50 p. m. 9Luci a Williams, City Clerk / Secretary SI I0401 C Sharon Quirk- Silva, Mayor/ Chair January 17, Page 11