OF Fug< CITY OF FULLERTON F CITY COUNCIL cg41forn P O SPECIAL MEETING MINUTES OCTOBER 2, 2012-4:00 P. M. Fullerton Library Conference Center 353 West Commonwealth Avenue Fullerton, California CITY COUNCIL STUDY SESSION 4: 00 p. m. CALL TO ORDER Mayor Quirk- Silva called the meeting to order at 4: 00 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, City Attorney Richard D. Jones, Assistant City Clerk Mea Klein PUBLIC COMMENTS Jane Rands suggested City Council reconsider the approved NOFA projects. Roberta Reid spoke about priorities considered when making final decisions. Barb Jennings gave an update on the Pathways project and thanked staff for their assistance. Barry Levinson asked if the PowerPoint presentation was available online. John Silber spoke about scoring of the NOFA process. Linda Tang spoke about utilizing housing bonds. Scott Larson spoke about assisting with the Pathway project and urged the City to utilize housing bonds. John Murray asked about the number of units per project; how the City spent bond monies and clarified the City' s housing assets. Steve Eckert spoke about the quantity of housing units and how to efficiently spend housing funds. Mark Korando requested Council review all of housing asset
options available. 6 Rick Price asked Council to evaluate the previous Council' s actions regarding NOFA projects. STUDY SESSION 1. AFFORDABLE HOUSING ADJOURN TO CLOSED SESSION Mayor Quirk- Silva adjourned the meeting 5: 03 p. m. City Council will meet for Closed Session in City Council Chambers located at 303 West. Commonwealth Avenue, Fullerton, California at 5:00 p. m. Sharon Quirk- Silva, Mayor L ci da illiams, City Clerk
Fu<< F i cgc FOR O CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES OCTOBER 2, 2012-5: 00 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 5: 18 p. m. CALL TO ORDER Mayor Quirk-Silva called the meeting to order at 5: 18 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, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS 5:22 p. m. RECESS to Closed Session Tony Package spoke about the appointment of the Police Chief. Mayor Quirk-Silva recessed to Closed Session at 5: 22 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9( a) Name of Case: Case Number: Veth Mam v. City of Fullerton, et al. SACV11-1242- JST 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9( a) Name of Case: Case Number: Edward M. Quinonez v. City of Fullerton, et al. SACV12-104- JVS 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9(a) Fullerton City Council/ Successor Agency Minutes October 2, 2012- Page 1
Name of Case: Andrew Trevor Clarke v. City of Fullerton, et al. Case Number: SACV12-373- DOC( JST) 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9(a) Name of Case: Frederick Ron Thomas v. City of Fullerton, et al. Case Number: SACV12-1275- DOC( RNBX) 5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section 54956. 9( b) Significant Exposure to Litigation: Two cases 6. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section 54956. 9( c) Initiation of Litigation: One case 7. PUBLIC EMPLOYMENT Per Government Code Section 54957. 1( a)( 5) Title: Chief of Police 6:28 p. m. ADJOURNMENT Mayor Quirk- Silva adjourned the meeting at 6: 28 p. m. The next regular City Council / Successor Agency meeting is October 2, 2012 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. S+( VtOVI Sharon Quirk- Silva, Mayor C I- inda Williams, City Clerk Fullerton City Council/ Successor Agency Minutes October 2, 2012- Page 2
OF FuL CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY s p REGULAR MEETING MINUTES OCTOBER 2, 2012-6: 30 P. M. cg41for Council Chamber 303 West Commonwealth Avenue Fullerton, California 6: 33 p. m. CALL TO ORDER Mayor Quirk- Silva called the meeting to order at 6: 33 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, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION Given by Council Member Sebourn. PLEDGE OF ALLEGIANCE Led by Girl Scout Cadet Troop 1052. CLOSED SESSION REPORT None. Presented PRESENTATIONS 1. PRESENTATION: Outstanding Library Summer Volunteer 2. PRESENTATION: Opus Bank Recognition of Police Department 3. PRESENTATION: All the Arts Foundation PUBLIC COMMENTS Representatives of the Fullerton Fire Department made a presentation on Breast Cancer Awareness month. Pam Smith spoke about the upcoming election and recent October 2, 2012- Page 1
city council decisions. Margaret Farris spoke about the Kelly Thomas incident and martial law. Cynthia Munguia spoke about soccer field allocation. Jason Schoen spoke about fireworks and medical marijuana. Gregorio Martinez spoke about soccer field allocation. Richard Dwyer thanked Acting Police Chief Dan Hughes and spoke about soccer field allocation. Jill Carabba spoke about the Kelly Thomas incident and police department employment. Osiris Garfias spoke about soccer field allocation. Christian ( no last name given) spoke about soccer field allocation. Marcos Perez spoke about soccer field allocation. Benito Jimenez spoke about soccer field allocation. Noel Dominguez spoke about soccer field allocation. Saul Ramirez spoke about soccer field allocation. Arturo Ramirez spoke about soccer field allocation. Ivan Herrejon spoke about soccer field allocation. Jonatan Montano spoke about soccer field allocation. Brandon Tellez spoke about soccer field allocation. Mrs. Tellez spoke about soccer field allocation. Maria Hernandez spoke about soccer field allocation. Natividad Alvarez spoke about soccer field allocation. Edith Zuniga spoke about soccer field allocation. Monica Zuniga spoke about soccer field allocation. Dulce Zuniga spoke about soccer field allocation. Pam Keller spoke about city council member decorum. Ernesto Avantes spoke about soccer field allocation. Jorge Sigurah spoke about soccer field allocation. Roberta Reid spoke about water quality. Antonio Zuniga spoke about soccer field allocation. Ramferi Barrios spoke about soccer field allocation. October 2, 2012- Page 2
Alfredo Sotes spoke about soccer field allocation. Munish Bharadwaja spoke about recent city council decisions. Juana Suastesui spoke about soccer field allocation. Unidentified speaker spoke about responsive government. Barry Levinson spoke about soccer field allocation. Raul Valdivia spoke about soccer field allocation. Unidentified speaker spoke about medical marijuana, public records and closed session discussions. Molly McClanahan spoke about Measure W. Theresa Gibson spoke about Measure W. Dan Denisi spoke about medical marijuana dispensaries. Luis Milian spoke about soccer field allocation. Angela Lindstrom spoke about Measure W. Monika Broome spoke about Measure W. Ismael Bahena spoke about soccer field allocation. Michelle Kearney spoke about medical marijuana and the Kelly Thomas incident. Manuel Bass spoke about Measure W. Marlena Carillo spoke about the Kelly Thomas incident. Greg Diamond spoke about the November election. Bridgette Waller spoke about recent city council decisions, appointment of the police chief and medical marijuana dispensaries. Christian Alvarez spoke about soccer field allocation. Erika Estrelia spoke about soccer field allocation. Robert Kanter spoke about appointment of the police chief. Alfredo Estrella spoke about soccer field allocation. Roberto Jimenez spoke about soccer field allocation. Bryan Suastequi spoke about soccer field allocation. Lizeth Reallas spoke about soccer field allocation. Giselle ( no last name given) spoke about soccer field allocation. October 2, 2012- Page 3
Patricia Garfias spoke about soccer field allocation. Rick Alvarez spoke in support of Acting Chief Dan Hughes and about soccer field allocation. Dawnmarie Kotsonis thanked council members for their service. Elaine Mitchell spoke about West Coyote Hills. APPOINTMENTS - None CONSENT CALENDAR ( Items 1 through 6) Chaffee moved, seconded by Quirk- Silva, to approve Consent Calendar items 1, 3, 4 and 5. Motion carried 5-0. Approved 1. SEPTEMBER 18, 2012 SPECIAL STUDY SESSION MINUTES AND SEPTEMBER 18, 2012 MEETING MINUTES Recommendation by the Office of the City Clerk: Approve September 18, 2012 Special City Council Study Session Minutes and September 18, 2012 City Council / Successor Agency / Public Financing Authority Meeting Minutes. Approved 3. EVIDENCE STORAGE UNIT REPLACEMENT Recommendation by the Maintenance Services Department: Approve use of Facility Capital Reserve funds for purchase and installation of an evidence storage freezer and air conditioning unit in the amount of $ 45, 000. 902-14) Approved 4. AMENDMENT NO. 1 TO THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE NO. 3 JANUARY 1, 2013 THROUGH JUNE 30, 2013) PER ASSEMBLY BILLS 1X 26 AND 1484 Recommendation by the Successor Agency to the Fullerton Redevelopment Agency: Approve Amendment No. 1 to the Recognized Obligation Payment Schedule No. 3 for the time period of January 1, 2013 through June 30, 2013 per Assembly Bills 1X 26 and 1484. 403-01) October 2, 2012- Page 4
Approved 5. METROPOLITAN WATER DISTRICT ( MWD) WATER FACILITIES RELOCATION AGREEMENT RAYMOND AVENUE GRADE SEPARATION PROJECT Recommendation by the Engineering Department: Authorize the City Manager, or his designee, to execute the Agreement between MWD and the City of Fullerton for the relocation of MWD water facilities affected by the construction of the Raymond Avenue Grade Separation Project. 1200) ITEMS REMOVED FROM THE CONSENT CALENDAR Approved 2. MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE ( MSRC) ALTERNATIVE FUEL AND SECURITY IMPROVEMENT PROJECT GRANT Sebourn moved, seconded by Chaffee, to accept 155, 000 grant from MSRC for purchase of one CNG heavy-duty vehicle, installation of a LPG ( propane) fueling facility and safety and security improvements to the existing CNG ( compressed natural gas) fueling facility at 1600 West Commonwealth Avenue. 1300) Motion carried 5 0. Resolution No. 2012-70 6. NOTICE OF INTENTION TO ABANDON A PORTION OF adopted ROSSLYNN AVENUE ( ABANDONMENT SUB11-00001) Chaffee moved, seconded by Sebourn, to adopt Resolution No. 2012-70. RESOLUTION NO. 2012-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION TO ABANDON A ROSSLYNN AVENUE CUL- DE- SAC LOCATED EAST OF SOUTH EUCLID STREET TO THE UNDERLYING IN FEE PROPERTY OWNERS ON PROPERTIES LOCATED AT 626-700 SOUTH EUCLID STREET 901) Motion carried 5 0. PUBLIC HEARINGS ( Item 7) Resolution No. 2012-50 7. APPEAL OF PLANNING COMMISSION RESOLUTION adopted NO. 2012-06 CONDITION # 4 ( PRAISE CHAPEL), 4115 4121 ARTESIA AVENUE, PRJ11-00001 / CUP 1013A Continued from September 18, 2012 meeting) Council Member Kiger recused himself from this item and left the Council Chambers. October 2, 2012- Page 5
Mayor Quirk- Silva opened the public hearing at 9: 58 p. m. No members of the public addressed the City Council. Mayor Quirk-Silva closed the public hearing at 9:59 p. m. Chaffee moved, seconded by Whitaker, to adopt Resolution No. 2012-50 to uphold the appeal and modify Condition # 4, clarifying that the applicant will slurry seal the entire length of the parcel. RESOLUTION NO. 2012-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN APPEAL AND MODIFYING CONDITION NO. 4 OF PLANNING COMMISSION RESOLUTION NO. 2012-06, A CONDITION OF APPROVAL OF A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT ALLOWING A RELIGIOUS USE TO EXPAND FROM A 10, 000 SQUARE FOOT AREA INTO A 30, 000 SQUARE FOOT AREA AND TO ADD A DAYCARE USE ON PROPERTY LOCATED AT 4115-4121 ARTESIA AVENUE Motion carried 4 0 1 ( Kiger recused). 404-03) Council Member Kiger returned to the Council Chambers. REGULAR BUSINESS ( Items 8 through 12) Resolution No. 2012-71 8. REFUNDING OF COMMUNITY FACILITIES DISTRICT adopted NO. 1 ( AMERIGE HEIGHTS) SPECIAL TAX BONDS Mark Elliott thanked the City for undertaking this process. Sebourn moved, seconded by Whitaker, to adopt Resolution No. 2012-71. RESOLUTION NO. 2012-71 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SPECIAL TAX REFUNDING BONDS AND APPROVING RELATED DOCUMENTS AND ACTIONS CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 1 ( AMERIGE HEIGHTS) 807-01) Motion carried 5-0. Approved 9. AMENDMENT #2 TO FAST AGREEMENT Chaffee moved, seconded by Sebourn, to authorize the Director of Parks & Recreation to sign the amendment with the Fullerton Aquatics Sports Team for the operation of the pool at the Fullerton Community Center in a form approved by the City Attorney. 1200) October 2, 2012- Page 6
Motion carried 5-0. Approved 10. GARY CARTER FIELD DEDICATION Sebourn moved, seconded by Whitaker, to approve Parks and Recreation Commission recommendation to name Field # 2 at the Fullerton Sports Complex as Gary Carter Field. 902-13) Motion carried 5-0. Approved 11. COOPERATIVE AGREEMENT WITH OCTA FOR BASTANCHURY / VALENCIA MESA BIKE PATH PROJECT Jane Rands asked that the Bicycle Users Subcommittee review connectivity issues associated with this project. Vince Buck discussed connectivity issues associated with this project. Sebourn moved, seconded by Chaffee, to authorize the Mayor to execute the cooperative agreement in a form approved by the City Attorney. 1200) Motion carried 5-0. Resolution No. 2012-67 12. CONFLICT OF INTEREST CODE DESIGNATED adopted POSITIONS / DISCLOSURE CATEGORIES Sebourn moved, seconded by Chaffee, to adopt Resolution No. 2012-67. RESOLUTION NO. 2012-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF FULLERTON 801-02) Motion carried 5-0. CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS Council Member Whitaker moved, seconded by Quirk- Silva, to direct staff to agendize soccer field use allocation for a future meeting. Mayor Quirk- Silva invited the public to her next Walk and Talk event. October 2, 2012- Page 7
Mayor Quirk- Silva said she would like to discuss economic opportunities at the Fullerton airport. Council Member Sebourn announced the upcoming Airport Days and the Community Center Grand Opening events. Council Member Chaffee requested agendizing a discussion of the process for the Police Chief appointment at the next meeting. Mayor Quirk- Silva agreed to agendize the item AGENDA FORECAST October 16, 2012 PRESENTATION: Recognition of Cal- GRIP volunteers PROCLAMATION: Lights On After School PROCLAMATION: Childhood Lead Poisoning Prevention Week - October 215t- 27th TCC October 1st Recommendations ( tentative) Pioneer Avenue Storm Drain Improvements contract award Consultant Award for Brea BI., Commonwealth Ave., Placentia Ave., and Lemon St., multi-jurisdictional Traffic Signal Synchronization Program ( TSSP) Personnel Management System Changes Fullerton Airport Roof Replacement JAG 2012 funds Cancel January 1, 2013 meeting Water Rate Refund Options SIRE agenda / work flow/ video stream / committee tracking software purchase November 6, 2012 Euclid Street & Bastanchury Road Signal Coordination Projects: Contract award for construction (tentative) Year End Financial Report CalPERS Contract October 2, 2012- Page 8
10:42 p. m. ADJOURNMENT Council Member Sebourn adjourned the meeting in memory of Eduardo Alcaraz. Mayor Quirk-Silva adjourned the meeting at 10: 42 p. m. The next City Council / Successor Agency closed session meeting is October 16, 2012 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 October 16, 2012 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. 51 CF L1S2 l S-e Sharon Quirk- Silva, Mayor Lu I lams, City Clerk October 2, 2012- Page 9