CITY COUNCIL STUDY SESSION

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1 9 pf Fu<< F 0 CITY OF FULLERTON CITY COUNCIL SPECIAL MEETING MINUTES Z FEBRUARY 5, : 00 P. M. Fullerton Library Conference Center P cq '' 353 West Commonwealth Avenue C/ FOR Fullerton, California CITY COUNCIL STUDY SESSION 4:04 p. m. CALL TO ORDER Mayor Whitaker called the meeting to order at 4:04 p. m. All present ROLL CALL Present: Mayor Whitaker, Mayor Pro Tern Chaffee, Council Members Sebourn, Flory, Fitzgerald Absent: None Staff Present: Guests Present: City Manager Joe Felz, City Attorney Richard D. Jones, Assistant City Clerk Mea Klein The Planning Center: Karen Gulley, Steve Gunnells; Fehr & Peers: Jason Pack; California State University Fullerton: Vice President, University Advancement Greg Saks, President Associated Students Dwayne Mason; Hope International University: President John Derry, Trustee Charles Puckett, Vice President of Finance Frank Scotti, Vice President of Institutional Advancement Mike Mulryan PUBLIC COMMENTS Unidentified speaker spoke in favor of the Nutwood Avenue closure. Sean Paden spoke about the Nutwood Avenue closure. Unidentified speaker spoke in opposition to the Nutwood Avenue closure. Rhonda Shader spoke in favor of the Nutwood Avenue closure. Linda Kramer spoke in opposition to the Nutwood Avenue closure. Lance Paddock spoke about affordable student housing. Fullerton City Council/ Successor Agency Minutes February 5, Page 1

2 Bill Matthews spoke about traffic on Nutwood and Chapman Avenues. Vinne spoke in opposition to the Nutwood Avenue closure. Unidentified speaker spoke about the 57 freeway ramps. Kristy Simms spoke about student parking and circulation measures that could occur without closing Nutwood Avenue. Tony Package spoke about private business owners, limiting bars and food establishments and police department budget impacts. Greg Gemont spoke about expanded notification to surrounding residents, University House traffic circulation and the proposed homeless shelter. Penny Lavick spoke in favor of the Nutwood Avenue closure. Yvette Lueza spoke in favor of the Nutwood Avenue closure and about the student and resident community. Ray Young spoke in favor of the Nutwood Avenue closure. STUDY SESSION Presented 1. COLLEGETOWN PROJECT OVERVIEW ) Continued to Regular 2. COLLEGE CONNECTOR STUDY PRESENTATION AND Session COUNCIL REPRESENTATIVE FOR STEERING COMMITTEE SELECTION 102) 5: 08 p. m. ADJOURN TO CLOSED SESSION Mayor Whitaker adjourned the meeting at 5: 08 p. m. I City Council will meet for Closed Session in City Council Chambers located at 303 West Commonwealth Avenue, Fullerton, California at 5:00 p. m. Bruce Whitaker, Mayor Lucinda Williams, City Clerk Fullerton City Council I Successor Agency Minutes February 5, Page 2

3 F Fu cgj.1fdr' PP O CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES FEBRUARY 5, : 00 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 5: 17 p. m. CALL TO ORDER Mayor Whitaker called the meeting to order at 5: 17 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 D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS None. 5: 18 p. m. RECESS to Closed Session Mayor Whitaker recessed to Closed Session at 5: 18 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( b) Significant Exposure to Litigation: One case 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Leon Lester Gray V. City of Fullerton, et al. Case Number: OCSC Case No QUARTERLY LITIGATION UPDATE PART 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. USDC Case No. SACV JST Fullerton City Council! Successor Agency Minutes February 5, Page 3

4 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 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Andrew Trevor Clark V. City of Fullerton, et al. Case Number: USDC Case No. SACV DOC(JST) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Frederick Thomas V. City of Fullerton, et al. Case Number: OCSC : 20 p. m. ADJOURNMENT Mayor Whitaker adjourned the meeting at 6: 20 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is February 5, 2013 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. SAț, LJA Bruce Whitaker, Mayor L in a Wil lams, City Clerk Fullerton City Council I Successor Agency Minutes February 5, Page 4

5 OF FU<<F C g4foa. yi p CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY REGULAR MEETING MINUTES FEBRUARY 5, : 30 P. M. Council Chamber 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: INVOCATION Mayor Whitaker, Mayor Pro Tern Chaffee, Council Members Sebourn, Flory, Fitzgerald None City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams Given by Council Member Sebourn. PLEDGE OF ALLEGIANCE Led by Council Member Flory. None CLOSED SESSION REPORT None. Presented PRESENTATIONS 1. CERTIFICATE: Boys & Girls Club Youth of the Year Recognition 2. PRESENTATION: Mardi Gras for Autism Mayor Pro Tem Chaffee made a presentation to Aaron Gregg, Volunteer of the Month. PUBLIC COMMENTS Margaret Farris spoke about police issues. Marilyn Davisson spoke about a proposed homeless shelter. Bob Hayden spoke about West Coyote Hills. Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page i

6 Joy Torres spoke about a proposed homeless shelter. Jack Dean spoke about the budget. Gladys Wason spoke about activities at the Community Center. Maureen Milton spoke about the City Lights housing development and relocating residents during an emergency. Dave Hoonsbeen spoke about the West Coyote Hills project. Robert Fassler spoke about methadone clinics and the proposed homeless shelter. Richard Dwyer spoke about Fullerton City Lights and city elections. Tony Package spoke about a recent study session and the water rebate. Judith Kaluzny spoke about West Coyote Hills. Eric Coulter spoke about the proposed homeless shelter. Roberta Reid spoke about task forces. Christine Browning spoke about the Autism Speaks event and the proposed homeless shelter. Shelly Ziliak spoke about the proposed homeless shelter. Rick Alvarez spoke about the Mayor's vision for the City. Patrick McGee spoke about the proposed homeless shelter. Kelly Woosley spoke about the proposed homeless shelter. Donna Simmons spoke about crime. John Carroll appointed / APPOINTMENTS ratified 1. CITY COMMISSION / COMMITTEE / BOARD APPOINTMENTS Council Member Flory appointed John Carroll to the Transportation and Circulation Commission as a direct appointment for a term ending December 31, Chaffee moved, seconded by Sebourn, to ratify appointment. Motion carried ) Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 2

7 CONSENT CALENDAR ( Items 1 through 10) Flory moved, seconded by Chaffee, to approve Consent Calendar items 2, 3, 5, 8, 9, and 10. Motion carried 5-0. Resolution No APPOINTMENT OF REPRESENTATIVE AND adopted ALTERNATE TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY ( ICRMA) GOVERNING BOARD Recommendation by the Human Resources Department: Adopt resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPOINTING A REPRESENTATIVE AND AN ALTERNATE AND SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY ( ICRMA) 102) Approved 3. MG DISPOSAL CONTRACT EXTENSION Recommendation by the Administrative Services Department: Approve contract amendment with MG Disposal. ( 1200) Staff recommendation 5. FINAL MAP FOR TRACT NO approved; Resolution No adopted Recommendation by the Engineering Department: 1. Accept easement for public access purposes over Lots A, B and D as shown on map. 2. Accept easement for public service, police patrol, emergency vehicle access, fire protection; refuse collection, sanitary sewer and water line systems over Lot F on private streets: Cusick Street, Gallemore Street, Gardiner Lane, Klose Lane, Livingstone Lane, Spencer Lane and Wright Lane. 3. Accept easement for emergency vehicle access over Lot E and a portion of Lots A and B as shown on map. 4. Accept easement for sanitary sewer over a portion of Lot B as shown on map. 5. Accept easement for public utility purposes as shown Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 3

8 on map. 6. Accept easement for water line purposes as shown on map. 7. Accept easement for storm drain purposes as shown on map. 8. Accept Lot G, in fee, as shown on map. 9. Pursuant to Section '/ 2 and Section 66434( g) of the Subdivision Map Act, abandon easement for storm drain purposes within the boundary dedicated to the City of Fullerton per Instrument No , recorded June 8, 2005 in Official Record of Orange County, California. 10. Adopt resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY ABANDONMENT VACATING EASEMENTS FOR STORM DRAIN PURPOSES WITHIN THE BOUNDARY OF THE MAP OF TRACT NO Authorize Mayor and City Clerk to enter into subdivision agreement with the subdivider in a form approved by the City Attorney. 909) Approved 8. TERMINATE CONSTRUCTION CONTRACT AND AWARD RESIDENTIAL STREET RECONSTRUCTION FISCAL YEAR PROJECT Recommendation by the Engineering Department: 1. Terminate construction contract with Building Consulting Engineers, Inc. for the Residential Street Reconstruction FY , Coronado Drive and La Entrada Place Area project in the amount of $649, Award construction contract to Hardy and Harper, Inc. for Residential Street Reconstruction FY , Coronado Drive and La Entrada Place Area project in the amount of $719, Authorize Director of Engineering to enter into Tender Agreement for Performance and Completion of Contract and release of Performance Bond with American Safety Casualty Insurance. 4. Authorize budget transfer in amount of $ 69, 200 from accounts receivable to the project. 1200) Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 4

9 Approved 9. EUCLID STREET & BASTANCHURY ROAD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS RTSSP) Recommendation by the Engineering Department: 1. Approve plans and specifications for Euclid Street & Bastanchury Road Regional Traffic Signal Synchronization Project. 2. Award contract to Crosstown Electrical & Data, Inc. of Irwindale in the amount of $519, ) Approved 10. WATER MAIN SYSTEM REPLACEMENT / STREET IMPROVEMENT CONTRACT AWARD Recommendation by the Engineering Department: 1. Approve plans and specifications for Water Main System Replacement / Street Improvement project. 2. Approve $2, 000, 000 budget transfer from the Water Fund to Project No Award construction contract to Kana Pipeline, Inc. of Placentia for the Water Main System Replacement / Street Improvement project in the amount of $2, 286, ) ITEMS REMOVED FROM THE CONSENT CALENDAR Approved as amended 1. DECEMBER 18, 2012, JANUARY 15, 2013 AND JANUARY 29, 2013 MEETING MINUTES Flory moved, seconded by Fitzgerald, to approve December 18, 2012 and January 15, 2013 City Council / Successor Agency / Public Financing Authority Meeting Minutes and January 29, 2013 Special City Council / Successor Agency / Public Financing Authority Meeting Minutes as amended. Motion carried 5-0. Approved 4. SPRINT COMMUNICATIONS COMPANY ( SPRINT) FIBER OPTIC CABLE AND EQUIPMENT RELOCATION AGREEMENT RAYMOND AVENUE GRADE SEPARATION PROJECT Flory moved, seconded by Fitzgerald, to authorize City Manager, or his designee, to execute Agreement and any amendments between Sprint and the City of Fullerton for relocation of Sprint facilities in a form approved by the Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 5

10 City Attorney. 1200) Motion carried 5-0. Approved 6. REQUEST TO ACCEPT APPLICATION FOR SPECIFIC PLAN ON PROPERTY LESS THAN 40 ACRES - RAYMOND AVENUE BETWEEN CHAPMAN AND WILSHIRE AVENUES Flory moved, seconded by Sebourn, to authorize Community Development Department to accept an application proposing a Specific Plan District zoning designation on properties generally located on the east side of Raymond Avenue, between Chapman and Wilshire Avenues ) Motion carried 5 0. Resolution No RULES AND REGULATIONS FOR STREET AND adopted ALLEY CLOSURES Tony Package asked about the specific reasons for closing streets and alleys. Sebourn moved, seconded by Flory, to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR STREET AND ALLEY CLOSURES Motion carried ) PUBLIC HEARINGS ( Item 11) Staff recommendation 11. FINAL MAP FOR TRACT NO AND approved; Resolution ABANDONMENT SUB No adopted Mayor Whitaker opened the public hearing at 8: 18 p. m. No members of the public addressed City Council. Mayor Whitaker closed the public hearing at 8: 18 p. m. Sebourn moved, seconded by Flory, to: 1. Accept easement for public service, police patrol, emergency vehicle access, fire protection, refuse collection and waterline systems over the private streets: Windfall Way, Tangerine Way, Pomelo Way and Tangelo Way. 2. Accept easement for public utility purposes over those 3- foot wide strips labeled " G" adjoining to the private streets as shown on map. 3. Pursuant to Section '/ 2 and Section 66434( g) Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 6

11 of the Subdivision Map Act, abandon all public streets and public easements within the boundary dedicated to the City of Fullerton per Instrument No , recorded April 19, 1962, in Book 6080, Pages of Official Record of Orange County, California. 4. Adopt resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, FOR THE VACATING AND ABANDONING OF ROSSLYN AVENUE CUL- DE- SAC LOCATED EAST OF SOUTH EUCLID STREET TO THE UNDERLYING IN FEE PROPERTY OWNERS ON PROPERTIES LOCATED AT SOUTH EUCLID STREET 5. Authorize Mayor and City Clerk to enter into subdivision agreement with the subdivider in a form approved by the City Attorney. Motion carried ) REGULAR BUSINESS ( Items 12 through 17) Resolution No ISSUANCE OF JUDGMENT OBLIGATION BONDS adopted Chaffee moved, seconded by Flory, to adopt resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE ISSUANCE OF JUDGMENT OBLIGATION BONDS TO REFINANCE THE OUTSTANDING LEGAL OBLIGATIONS OF THE CITY AND AUTHORIZING INSTITUTION OF JUDICIAL VALIDATION PROCEEDINGS Motion carried 4 1 ( Noes: Sebourn). 1300) Resolution No RULES AND REGULATIONS FOR THE SALE, adopted as amended; POSSESSION AND DISCHARGE OF " SAFE AND non exclusive vendor SANE" FIREWORKS method approved Bob Hayden spoke about fireworks safety in county parks. Unidentified speaker asked about firework stands and permit fees. Mike Parrott supported a non- exclusive vendor arrangement. Maury Dym spoke about fireworks pre- sales, safety information provided to purchasers and supported a Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 7

12 vendor RFP process. Arthur Bravo supported a non- exclusive vendor arrangement. John Kelley supported a non- exclusive vendor arrangement and allowing 15 fireworks stands in the City. Elaine Moline supported a non- exclusive vendor arrangement. Brent Haskell supported a non- exclusive vendor arrangement. Donna Daniels supported an RFP process for vendor selection. Jeanine Samat asked questions about the lottery selection process, terms of the permits and supported a non- exclusive vendor arrangement. Mandy Jung supported a non- exclusive vendor arrangement. Scott Faxon spoke in support of a vendor RFP process. Bill Jason supported a non- exclusive vendor arrangement. Theresa Flores supported a non- exclusive vendor arrangement. Fitzgerald moved, seconded by Flory, to adopt Resolution No , amending Section 8A to accurately reflect State code, include sales dates and times to Section 6 and require that each retail purchaser receive a copy of the Very High and High Fire Hazard Severity Zone map for the City of Fullerton. RESOLUTION NO 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 Motion carried 5-0. Chaffee moved, seconded by Fitzgerald, to use the nonexclusive method for fireworks vendor selection. Motion carried 3 2 ( Noes: Flory, Sebourn). 104) Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 8

13 Approved 14. RECONSIDERATION OF APPROVAL OF DECEMBER 4, 2012 CITY COUNCIL MEETING MINUTES Chaffee moved, seconded by Flory, to reconsider approval of December 4, 2012 City Council meeting minutes to include comments made by Mayor Pro Tern Chaffee regarding West Coyote Hills. Motion carried 5-0. Approved 15. MEMORANDUM OF UNDERSTANDING ( MOU) WITH ORANGE COUNTY TRANSPORTATION AUTHORITY OCTA) TO REMOVE PORTIONS OF NUTWOOD AND COMMONWEALTH AVENUES FROM THE MASTER PLAN OF ARTERIAL HIGHWAYS Sean Paden spoke in opposition to this item. Matthew Atwong spoke in opposition to this item. Marilyn Davisson spoke in opposition to this item. Christy Sims spoke in opposition to this item. Unidentified speaker spoke in opposition to this item. Jane Rands suggested including the impacts to bus traffic in the environmental impact report. Vince Buck spoke in favor of this item. Linda Kramer spoke in opposition to this item. Greg Gemont spoke about future traffic impacts. Flory moved, seconded by Fitzgerald, to: 1. Approve Memorandum of Understanding No. C by and between Orange County Transportation Authority and City of Fullerton for an Amendment to the Master Plan of Arterial Highways substantially in the form attached in the report. 2. Authorize City Manager and City Attorney to finalize and execute the Memorandum of Understanding. Motion carried ) Direction provided 16. METROPOLITAN WATER DISTRICT BOARD REPRESENTATIVE APPOINTMENT PROCESS City Council directed staff to provide completed Metropolitan Water District Board representative applications to Council Members for review. Council Members will discuss the Metropolitan Water District Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 9

14 Board representative appointment process at a future meeting. 102) Approved 17. DOWNTOWN CORE AND CORRIDOR SPECIFIC PLAN BUDGET TRANSFER Jane Rands asked that the City involve the community during this process. Sebourn moved, seconded by Chaffee, to authorize budget transfer and appropriation request for the Downtown Core and Corridor Specific Plan and Program EIR. Motion carried ) Representatives selected COLLEGE CONNECTOR STUDY PRESENTATION AND COUNCIL REPRESENTATIVE FOR STEERING COMMITTEE SELECTION ( CONTINUED FROM STUDY SESSION) City Council appointed Council Member Flory and Mayor Pro Tern Chaffee to assist in the member selection for the College Connector Study Presentation. 102) CITY COUNCIL / SUCCESSOR AGENCY I STAFF COMMUNICATIONS Council Member Sebourn spoke about community meetings. AGENDA FORECAST February 19, 2013 Annual MADD Awards Fullerton Art Walk Proclamation Railroad Days Proclamation Public Hearing to Amend the Authorized List of CFD Facilities for the Amerige Heights CFD 2 Financial Outlook March 5, 2013 Quarterly Employee Recognition Animal Control Services Presentation T& CC 2/ 4/ 12 recommendations ( tentative) Railroad Days Resolution Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 10

15 11 :46 p. m. ADJOURNMENT Mayor Whitaker adjourned the meeting at 11: 46 p. m. The next City Council / Successor Agency closed session meeting is February 19, 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 February 19, 2013 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Bruce Whitaker, Mayor L inda illiams, City Clerk Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes February 5, Page 11