CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES West Commonwealth Avenue. Fullerton, California

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1 CITY OF FULLERTON pf FU<<F CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES 4 c) f Z SEPTEMBER 18, :45 P. M. Council Chamber FOR 303 West Commonwealth Avenue Fullerton, California 5: 50 p. m. CALL TO ORDER Mayor Quirk- Silva called the meeting to order at 5: 50 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor Quirk- Silva, Mayor Pro Tern Whitaker, Council Members Chaffee, Kiger, Sebourn None City Manager Joe Felz, Assistant City Attorney Kimberly Hall Barlow, City Clerk Lucinda Williams Chaffee moved, seconded by Sebourn, to add the following item to the Closed Session agenda as the need to act on this item arose after posting of the agenda and requires action before the next regular City Council meeting: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( b). Significant Exposure to Litigation: One case. Motion carried 5 0. PUBLIC COMMENTS None. 5: 54 p. m. RECESS to Closed Session Mayor Quirk- Silva recessed to Closed Session at 5: 54 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section ( a) Name of Case: Case Number: Frederick Ron Thomas v. City of Fullerton CU- PO- CJC Fullerton City Council/ Successor Agency Minutes September 18, Page 1

2 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( b) Significant Exposure to Litigation: One case 3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section ( c) Initiation of Litigation: One case 6: 25 m. p. ADJOURNMENT Mayor Quirk- Silva adjourned the meeting at 6: 25 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is September 18, 2012 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Sharon Quirk- Silva, Mayor/ Chair dlda Williams; City Clerk / Secretary Fullerton City Council/ Successor Agency Minutes September 18, Page 2

3 of F CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / F PUBLIC FINANCING AUTHORITY p REGULAR MEETING MINUTES v T ;. ';` SEPTEMBER 18, : 30 P. M. Council Chamber s, C ;, P g4/ 303 West Commonwealth Avenue FoRk Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor Quirk-Silva called the meeting to order at 6: 30 p. m. All present ROLL CALL Present: Absent: Staff Present: Mayor Quirk- Silva, Mayor Pro Tem Whitaker, Council Members Chaffee, Kiger, Sebourn None City Manager Joe Felz, Assistant City Attorney Kimberly Hall Barlow, City Clerk Lucinda Williams INVOCATION Given by Council Member Chaffee. PLEDGE OF ALLEGIANCE Led by Girl Scout Troop # 394. CLOSED SESSION REPORT None. Presented PRESENTATIONS Acting Chief Dan Hughes and Ron Thomas made remarks regarding the Kelly Thomas incident. 1. PROCLAMATION: Alzheimer' s Awareness Month September PROCLAMATION: Constitution Week September 17 23, PRESENTATION: Outgoing Board, Commission and Committee Members 4. PRESENTATION: Volunteer of the Month September 18, Page 1

4 PUBLIC COMMENTS Margaret Farris spoke about the Kelly Thomas incident. JD DeCaprio spoke about police services and appointment of the police chief. Christine Walker spoke about a recent assault in the downtown area and public decorum. Theresa Stachelski spoke about recent City Council decisions. Jason Schoen spoke about City Council protocol, transparency; the fireworks ballot measure; and medical marijuana dispensaries. Scott Siley spoke about marijuana dispensaries. Steve Baxter spoke about the Kelly Thomas incident. Maureen Milton thanked the City for bus stop installations. Wiley Drake spoke about Judeo Christian principals and medical marijuana. Craig Allen Sheets spoke about the Kelly Thomas incident and radiation issues. Tony Package leadership. spoke about City Council conduct and Bridgette Waller spoke about medical marijuana. Andy Pizano spoke about City Council actions. Roberta Reid spoke about decorum at City Council meetings. Susan Smith thanked Council for not outsourcing the Police Department. Manuel Bass spoke about Measure W. Janyi Pestas spoke about the Kelly Thomas incident. Unidentified speaker spoke about the Kelly Thomas incident. Barry Levinson spoke about the Office of Independent Review report and the Kelly Thomas incident. Michael Vargas thanked the Police Department for their assistance. Lorraine Jones spoke about supporting the Police Department. Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes September 18, Page 2

5 Unidentified speaker spoke about City Council decorum. Richard Dwyer spoke about the Kelly Thomas incident. John Huelsman spoke about the Kelly Thomas incident. Matt Rowe spoke about police department leadership and Measure W. Unidentified speaker spoke about the Kelly Thomas incident. Jimmy McLachlan spoke about the Kelly Thomas incident. Matthew Hakim spoke about the Kelly Thomas incident and Native American burial sites. Jesse LaTour spoke about Measure W. Joe Imbriano spoke about the Kelly Thomas incident. Elaine Mitchell spoke about affordable housing, fireworks, respect for city staff and water rate refunds. Jan Flory spoke about Library Board of Trustee appointments. Appointment made APPOINTMENTS LIBRARY BOARD OF TRUSTEES APPOINTMENT Council Member Kiger appointed Matt Leslie to a direct appointment to the Library Board of Trustees for a term expiring December 31, Chaffee moved, seconded by Sebourn, to ratify the appointment. Motion carried 5-0. CONSENT CALENDAR ( Items 1 through 4) Whitaker moved, seconded Calendar Items 3 and 4. by Sebourn, to approve Consent Motion carried 5-0. Approved 3. LEGAL SERVICES AGREEMENTS GOLDMAN, MAGDALIN & KRIKES; STOCKWELL, HARRIS, WOOLVERTON & MUEHL; TOBIN LUCKS; WALL, MCCORMICK BAROLDI, GREEN & DUGAN; RICHARD T. FORT; SCHLOSSBERG & UMHOLTZ AND PEARLMAN, BORSKA & WAX Recommendation by the Human Resources Department: Authorize the City Manager to sign separate legal services agreements with the above named firms to Fullerton City Council! Successor Agency/ Public Financing Authority Minutes September 18, Page 3

6 provide legal services with respect to the specialized defense of workers' compensation claims. 1200) Approved 4. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT THE DISSOLUTION OF REDEVELOPMENT: WHERE HAVE WE BEEN? WHAT LIES AHEAD?" Recommendation by the Administrative Services Department: Approve the proposed responses to the Orange County Grand Jury report "The Dissolution of Redevelopment: Where have we been? What lies ahead?" and authorize the Mayor to sign the response. 107) ITEMS REMOVED FROM CONSENT CALENDAR Approved as amended 1. AUGUST 28, 2012 SPECIAL MEETING MINUTES Recommendation by the Office of the City Clerk: Approve August 28, 2012 Special City Council / Successor Agency/ Public Financing Authority Meeting Minutes. Minutes approved as amended by consensus of the City Council. Ordinance No CITY SERVICES PROVIDED IN SUPPORT OF CITY adopted WATER UTILITY AND OTHER RELATED WATER ISSUES - SECOND READING ORDINANCE NO 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, REPEALING A PORTION OF ORDINANCE 2436 BY ELIMINATING SECTION OF THE FULLERTON MUNICIPAL CODE PERTAINING TO WATER RATES AND REGULATIONS e Jan Flory spoke in support of the Ad Hoc Water Rate Committee recommendation and spoke about the legality of the in- lieu water rate fee. Tony Package spoke about cost for service fees and fiscal responsibility in processing refunds to rate payers. C Barry Levinson supported refunding the water rate Fullerton city council/ Successor Agency/ Public Financing Authority Minutes September 18, Page 4

7 fees. Christine Walker spoke in support of maintaining street infrastructure. Rick Alvarez spoke in support of the Ad- Hoc Water Rate Committee recommendations. Sebourn moved, seconded by Whitaker, to adopt Ordinance No Motion carried Item continued to October PUBLIC HEARINGS ( Item 5) 2, APPEAL OF PLANNING COMMISSION RESOLUTION NO CONDITION # 4 ( PRAISE CHAPEL), ARTESIA AVENUE, PRJ / CUP 1013A Council Member Kiger recused himself from this item and left the Chambers. Mayor Quirk-Silva opened the public hearing at 9: 07 p. m. No speakers addressed the City Council. Mayor Chair Quirk-Silva closed the public hearing at 9: 07 p. m. Sebourn moved, seconded by Chaffee, to continue this item to October 2, 2012 at 6: 30 p. m. Motion carried ( Kiger recused). Council Member Kiger returned to the Council Chambers. Approved REGULAR BUSINESS ( Items 6 through 10) 6. OFFICE OF TRAFFIC SAFETY GRANTS Orange County District Attorney' s Office representative Susan Price offered, on behalf of her office, to defend any constitutional challenges to this grant. Annamarie Earnest spoke in support of DUI checkpoints. Laura Markoski spoke in support to accepting the DUI checkpoint grant monies. Christine Walker spoke in DUI checkpoint grant monies. support of accepting the Mary Beth Griffin, MADD, spoke in support of DUI September 18, Page 5

8 checkpoints. Kristine Quiroga urged City Council to accept both Office of Traffic Safety Grants. Janice DeLoof spoke in support of accepting both grants. Barry Levinson spoke about personal responsibility and spoke in support of accepting both Office of Traffic Safety grants. Robert Kanter asked City Council to accept the DUI checkpoint grant. Susie Edwards spoke in support of DUI checkpoints. Tony Wilhite spoke in checkpoint grant. support of accepting the DUI Mike Wilhite spoke in support of accepting the DUI checkpoint grant. Jennifer Fitzgerald urged City Council to accept the funding from these grants. Rick Alvarez spoke in support of accepting these grants. Manuel Bass spoke in checkpoints. support of funding for DUI Chaffee moved, seconded by Quirk- Silva, to accept Office of Traffic Safety funding and increase Police Department appropriations in the Grant Administration Fund 32 in the amount of$ 196,222. Kiger made an alternate motion, seconded by Whitaker, to accept the Office of Traffic Safety grants with the stipulation that the Police Department conduct DUI checkpoints on days determined to have statistically higher incidents of deaths and injuries at the county, state or federal level. Alternate motion failed 2-3 ( Ayes: Sebourn, Whitaker). Original motion carried 4 1 ( Noes: Kiger). 1300) September 18, Page 6

9 Approved 7. REQUEST FOR PROPOSAL ( RFP) FOR EXCLUSIVE BUS SHELTER AND STREET FURNITURE SERVICES Jane Rands suggested keeping existing benches as part of the RFP and supported pursuing graffiti removal and clean up of the bench area. Roberta Reid spoke in support of this item and supported more restrooms near bus stops. Maureen Milton spoke in support of more bus benches. Adam Moore requested non- advertising bus shelters in West Fullerton to avoid vandalism issues. Chaffee moved, seconded by Sebourn, to approve issuance of the RFP. Motion carried ) Received and filed 8. INFRASTRUCTURE STATUS UPDATE Adam Moore supported increased lighting to reduce crime and vandalism. Chaffee moved, seconded by Sebourn, to receive and file. Motion carried ) Approved 9. PREFERRED CATERING LIST FOR THE FULLERTON COMMUNITY CENTER AND FULLERTON PUBLIC LIBRARY Jane Rands suggested allowing renters to bring their own food to their events. Larry Bennett did not support an exclusive caterer arrangement. Barry Levinson noted that this proposal does not preclude the use of other caterers. Sebourn moved, seconded by Chaffee, to approve the Preferred Catering List for the Fullerton Community Center and Fullerton Public Library and authorize the Director of Parks & Recreation to enter into catering agreements with the following caterers: Above All Catering, The Brownstone Cafe & Catering, Collette' s Catering & Specialty Cakes, Gourmet Caterers, Jay's September 18, Page 7

10 Catering and Summit Event Catering. Motion carried ) Resolution No CITY COUNCIL RULES OF PROCEDURE adopted Sebourn moved, seconded by Chaffee, to adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING CITY COUNCIL RULES OF PROCEDURE AND REPEALING RESOLUTION NO Motion carried ) CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Manager Felz reported on the Study Session preceding this meeting. Mayor Quirk- Silva spoke about a recent Chamber of Commerce event, community gardens and year-round homeless shelters. Council Member Whitaker spoke about dry brush near Hillcrest Park and eradication of political signs. Council Member Chaffee reported on attendance at recent nonprofit fund raising events. AGENDA FORECAST October 2, 2012 Affordable Housing Study Session, 4 5 p. m. at Library Presentation: Outstanding Library Summer Volunteers Consultant Award for Brea BI., Commonwealth Ave., Placentia Ave., and Lemon St., multi-jurisdictional Traffic Signal Synchronization Program ( TSSP) Pioneer Avenue Storm Drain Improvements contract award Year End Financial Report Report on Current Contracted City Services Euclid Corridor Project Updates Agenda automation, work flow, video stream, / committee tracking software purchase Regional Advisory Body Application Process September 18, Page 8

11 Raymond Grade Separation Project MWD Agreement for Facility Relocation Tract Notice of Intention to Abandon a Portion of Rosslynn Ave Cooperative Agreement with OCTA for the Bastanchury/Valencia Mesa Bike Path project October 16, 2012 PRESENTATION: Recognition of Cal- GRIP volunteers PROCLAMATION: Lights On After School PROCLAMATION: Childhood Lead Poisoning Prevention week - October 21St- 27th TCC October 1st Recommendations ( tentative) Fullerton Airport Roof Replacement Cancel Jan 1, 2013 meeting Conflict of Interest Code Update 11: 46 p. m. ADJOURNMENT Mayor Quirk- Silva adjourned the meeting at 11: 46 p. m. IUiIen QWlk -& ln Sharon Quirk- Silva, Mayor/ Chair Au a Illiams, City Clerk / Secretary September 18, Page 9