U OF FUC< E. 0 Z CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES NOVEMBER 18, 2014-5: 00 P. M. Council Chamber 0 141FOa303 West Commonwealth Avenue Fullerton, California 5: 00 P. M. CALL TO ORDER Mayor/ Chair Chaffee called the meeting to order at 5: 00 p. m. All Present ROLL CALL Present: Mayor / Chair Chaffee, Mayor Pro Tem / Vice Chair Sebourn, Council Members Whitaker, Fitzgerald, Flory Absent: Staff Present: None City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS None. 5: 00 p. m. RECESS to Closed Session Mayor/ Chair Chaffee recessed to Closed Session at 5: 00 p. m. CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957. 6 Agency Representative/s: Gretchen Beatty Employee Organization: Fullerton Management Association, Firefighters' Fullerton Association, Fullerton Fire Management Association, Fullerton Police Officers' Association Safety, Fullerton Police Officers' Association Dispatch, Fullerton Police Management Fullerton Association, Municipal November 18, 2014- Page 1
Employees Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Per Government Code Section 54956. 9( d)( 4) Initiation of Litigation: Two Cases 3. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Per Government Code Section 54956.9( d)( 2) Significant Exposure to Litigation: One Case - 1234 North Euclid Street, Fullerton, CA 6: 24 p. m. ADJOURNMENT Mayor/ Chair Chaffee adjourned the meeting at 6: 24 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is November 18, 2014 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. G/PegoWCCtebourn, Mayor/ Chair Lbeinda ViTriams, City Clerk Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes November 18, 2014- Page 2
CITY OF FULLERTON Fust` of CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY 0 REGULAR MEETING MINUTES V Z NOVEMBER 18, 2014-6: 30 P. M. Cq Council Chamber IFoa303 West Commonwealth Avenue Fullerton, California 6: 35 p. m. CALL TO ORDER Mayor/ Chair Chaffee called the meeting to order at 6: 35 p. m. All Present ROLL CALL Present: Mayor / Chair Chaffee, Mayor Pro Tem / Vice Chair Sebourn, Council Members Whitaker, Fitzgerald, Flory Absent: Staff Present: None City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION given by Council Member Fitzgerald. NATIONAL ANTHEM performed by Sharon Pacheco. CLOSED SESSION REPORT City Attorney Jones reported that City Council approved establishing a receivership for properties located 506 Gage Avenue and 2112 Highcrest Avenue. Presented PRESENTATIONS 1. PRESENTATION: Veteran' s Day Event 2. PRESENTATION: Volunteer of the Month PUBLIC COMMENTS Barry Levinson spoke about comments made by the Police Chief. November 18, 2014- Page 3
Jonah Blake spoke about block party fees. Sophia Blake spoke about block party fees. Sarah Blake spoke about block party fees. Richard Dwyer spoke about Barry Levinson and access to equipment in City Council Chambers. Joe Imbriano spoke about water levels and drought conditions. Conrad DeWitte spoke about the proposed peace memorial. Mark Powell spoke about the recent election and school resource officer position. CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Manager Felz responded to issues arising during Public Comments and announced the promotion of two Police Captains. Council Member Fitzgerald reported on the recent Women' s Leadership Conference. Mayor Pro Tem Sebourn asked to adjourn the meeting in memory of Robert " Bob" Terpening. Mayor Chaffee reported on the following events: Coyote Hills walk, grand opening of new tower at St. Jude Hospital, Troy High 501h School Anniversary, All the Arts for All the Kids auction. APPOINTMENTS None. CONSENT CALENDAR ( Items 1 through 8) Sebourn moved, seconded by Fitzgerald, to approve Consent Calendar Items 1, 2, 4, 5, 6 and 8. Motion carried 5-0. Approved 1. NOVEMBER 4, 2014 REGULAR MEETING AND NOVEMBER 12, 2014 SPECIAL MEETING MINUTES Recommendation by the Office of the City Clerk: Approve November 4, 2014 and November 12, 2014 City Council / Successor Agency/ Public Financing Authority Meeting Minutes. Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes November 18, 2014- Page 4
Received and filed 2. NOVEMBER 2014 CHECK REGISTERS Recommendation by the Administrative Services Department: Receive and file. 203) Approved 4. FORMAT FOR ANNUAL ANALYSIS OF MEMORANDUM OF UNDERSTANDING COSTS AND LIABILITIES Recommendation by the Administrative Services Department: Approve attached format for providing an annual fiscal analysis of costs and liabilities arising from employee compensation. 300) Approved 5. POLICE DEPARTMENT DONATIONS Recommendation by the Police Department: Accept donations designated for Retired Senior Volunteer Program and Police Dog Fund on behalf of the Fullerton Police Department. 101-05) Resolution No. 2014-71 6. AMEND EXISTING PUBLIC WORKS FEE SCHEDULE adopted INCORPORATING REVISED FEES FOR HANGAR RENTALS Recommendation by the Public Works Department: Adopt Resolution No. 2014-71. RESOLUTION NO 2014-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING AIRPORT FEES AND AMENDING RESOLUTION NO. 2013-62 204-01) Approved 8. SEWER, WATER AND ROADWAY IMPROVEMENT PROJECT AT HARBOR ALLEY AREA CONSTRUCTION CONTRACT AWARD Recommendation by the Public Works Department: 1. Approve plans and specifications for Sewer, Water and Roadway Improvement Project at Harbor Alley Area. 2. Approve $ 665, 000 Sewer Enterprise Fund budget transfer from Project 51416 to Project 51015 Sewer, Water and Roadway Improvement Project at Harbor Alley Area. 3. Approve $ 265, 000 Measure M2 Fund and $ 100, 000 Gas Tax budget transfer from Project 44586 Residential Street Program to Project 51015 Sewer, November 18, 2014- Page 5
Water and Roadway Improvement Project at Harbor Alley Area. 4. Award $ 1, 548, 548 construction contract for Sewer, Water and Roadway Improvement Project at Harbor Alley Area to Alabbasi Construction and Engineering. 1200) ITEMS REMOVED FROM CONSENT CALENDAR Resolution No. 2014-70 3. AUTHORIZATION FOR CITY MANAGER DISCRETION adopted CONCERNING ELIGIBILITY FOR SPECIFIED BENEFITS FOR FIRE CAPTAIN CANDIDATES Barry Levinson said he did not think this item requires implementation at this time. Flory moved, seconded by Fitzgerald, to adopt Resolution No. 2014-70. RESOLUTION NO. 2014-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CITY MANAGER DISCRETION CONCERNING ELIGIBILITY FOR SPECIFIED BENEFITS FOR FIRE CAPTAIN CANDIDATES Motion carried 5-0. 301) Approved 7. REQUEST TO ACCEPT APPLICATION FOR SPECIFIC PLAN ON PROPERTY LESS THAN 40 ACRES: 1815 1837 SUNNYCREST DRIVE Sebourn moved, seconded by Fitzgerald, to authorize Community Development Department to accept application proposing Specific Plan District zoning designation on property located at 1815 1837 Sunnycrest Drive. Motion carried 4 1 ( Noes: Chaffee). 404) PUBLIC HEARINGS ( Items 9 through 11) Resolution No. 2014-72 9. APPEAL OF PLANNING COMMISSION APPROVAL adopted PRJ14-00190, ZON14-00071, ZON14-00092 TOTALLY 80S BAR & GRILLE 2512 WEST ORANGETHROPE) Bob Ford, appellant, spoke against this application due to parking and noise impacts. David Esqueda, applicant, spoke in support of the application. Mayor Chaffee opened the public hearing at 7:35 p. m. November 18, 2014- Page 6
Greg Parkin spoke in support of this project. Jess Guzman, Fullerton, spoke in support of this project. Mayor Chaffee closed the public hearing at 7: 39 p. m. Fitzgerald moved, seconded by Sebourn, to adopt Resolution No. 2014-72. RESOLUTION NO 2014-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A DANCE FLOOR AND A NIGHT CLUB AT A RESTAURANT WITH LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 2512 WEST ORANGETHORPE Motion carried 5-0. 404 Resolution No. 2014-73 10. 3125 LAUREL AVENUE DEVELOPMENT PROPOSAL adopted Representatives of the applicant spoke in support of the Mayor Chaffee opened the public hearing at 8: 52 p. m. Gail Putnam spoke in opposition to this Mark Shapiro, Fullerton, spoke in opposition to this Irene Ebel, Fullerton, spoke in opposition to this Carolyn Ratzlaff, Fullerton, spoke in opposition to this Don Ratzlaff, Fullerton, spoke in opposition to this Virgil Talbott, Fullerton, spoke in opposition to this Rick Hill, Fullerton, spoke in opposition to this Tchang Yim, La Mirada, spoke in support of this John Ybarra, Fullerton, spoke in support of this Gloria Keene, Fullerton, spoke in opposition to this Lynn Geib, Fullerton, spoke in opposition to this November 18, 2014- Page 7
Shirley Moore, Fullerton, spoke in opposition to this Ann Geib, Fullerton, spoke in opposition to this Susie Edwards, Fullerton, spoke in opposition to this Hatty Hong, Fullerton, spoke in support of this Stephen Jones, Fullerton, spoke in opposition to this Chris Norby, Fullerton, spoke in support of this Stacy Hollenbeck, Fullerton, spoke in opposition to this Eunice Kwon, Cypress, spoke in support of this Philip Hong, Yorba Linda, spoke in support of this Richard Barbarino, Fullerton, spoke in this opposition to Phyllis Dodson, Fullerton, spoke in opposition to this Michael Balsomo spoke in support of this Thomas Moore, Fullerton, spoke in opposition to this Bert Slowik spoke in opposition to this Jennifer Bitting, Fullerton, addressed water issues, construction timing, school impact and other issues. Tabitha Perez, Fullerton, spoke in support of this Barbara Johnson, Fullerton, spoke in opposition to this Joanne Prange, Fullerton, spoke in opposition to this Vania Cho, Fullerton, spoke in support of this Allison Ji, Fullerton, spoke in support of this Paul Goldman, Fullerton, spoke in opposition to this David Grantham, Fullerton, spoke in opposition to this Fullerton City Council/ Successor Agency/ Public Financing Authority Minutes November 18, 2014- Page 8
Margaret and Marty Hershlsowitz, Fullerton, spoke in opposition to this Sean Paden, Fullerton, spoke in opposition to this Ron Prange, Fullerton, spoke in opposition to this Scott Belon, Fullerton, spoke in opposition to this Alex Norby, Fullerton, spoke in support of this Dale Williams, Fullerton, spoke in opposition to this Ed Stoebner, Fullerton, spoke in opposition to this Sam Sadler, Fullerton, spoke in support of this Bob Poet, Stateline, Nevada, spoke in support of this Victor Perrin, Buena Park, spoke in support of this Kai Giffin, Fullerton, spoke in support of this Michael Dodson, Fullerton, spoke in opposition to this Fullerton Chamber of Commerce spoke in support of this Sylvia Poareo, Fullerton, spoke in opposition to this Mayor Chaffee closed the public hearing at 11: 02 p. m. Fitzgerald moved, seconded by Flory, to adopt Resolution No. 2014-73. RESOLUTION NO. 2014-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING GENERAL PLAN REVISION LRP14-00003 TO CHANGE THE COMMUNITY DEVELOPMENT TYPE OF A 2. 86 ACRE SITE FROM RELIGIOUS USES" TO " LOW- MEDIUM DENSITY RESIDENTIAL", ZONING AMENDMENT LRP14-00004 TO CHANGE THE ZONING OF A 2. 86 ACRE SITE FROM R- 1-20 ( SINGLE FAMILY RESIDENTIAL, 20,000 SF MINIMUM LOT SIZE), TO R- G ( GARDEN- TYPE RESIDENTIAL), TENTATIVE TRACT MAP 17718 TO November 18, 2014- Page 9
SUBDIVIDE A 2. 86 ACRE SITE FOR CONDOMINIUM PURPOSES, MAJOR SITE PLAN ZON14-00030 FOR SITE, ARCHITECTURAL AND LANDSCAPE CONCEPT PLANS FOR RESIDENTIAL DEVELOPMENT CONSISTING OF 28 SINGLE FAMILY RESIDENTIAL UNITS, AND CONDITIONAL USE PERMIT ZON14-00029 TO DESIGNATE GUEST PARKING SPACES TO AN ASSIGNED RESIDENTIAL UNIT FOR PROPERTY LOCATED AT 3125 LAUREL AVE Motion carried 5-0. 404 Approved 11. 101 SOUTH HARBOR BOULEVARD ( PRJ07-00366C) REQUEST FOR CLARIFICATION OF COUNCIL INTENT FOR HOURS OF OPERATION Mayor Chaffee opened the public hearing at 11 :44 p.m. Jacob Poohhikala explained why his business wishes to operate until 4:00 a. m. Mayor Chaffee closed the public hearing at 11: 57 p. m. Flory moved, seconded by Whitaker, to temporarily allow restaurant operations to continue until 4: 00 a. m. at 101 South Harbor Boulevard. Motion carried 4 1 ( Noes: Chaffee). 404) REGULAR BUSINESS ( Item 12) Resolution No. 2014-74 12. SIDE LETTERS TO MEMORANDUM OF AGREEMENT adopted BETWEEN CITY OF FULLERTON AND FULLERTON FIREFIGHTERS' ASSOCIATION REGARDING LIMITED REBATES OF EMPLOYEE CONTRIBUTIONS Flory moved, seconded by Fitzgerald, to adopt Resolution No. 2014-74. RESOLUTION NO. 2014-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENTS BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS' ASSOCIATION DATED NOVEMBER 4, 2014 Motion carried 3 2 ( Noes: Sebourn, Whitaker). (1200) AGENDA FORECAST December 2, 2014 Labor Negotiator Interviews November 18, 2014- Page 10
Investment Advisory Services KITA MOU Funding Receiverships PRJ14-00113/ LRP14-00005; TTM17752; ZON14-00048; ZON14-00066. Request for Zoning Amendment on Property Located at 313 Laguna Road ( Ebel) Club) Abandonment of Surplus Street Right of Way on East Valencia Mesa Reorganization / Certify Election December 16, 2014 Existing Litigation Measure M2 Direct Appointments Decorum / Rules of Procedure 1998 Bond Refunding 0 PRJ13-00375/ LRP13-00036; LRP13-00037; ZONE13-00087; ZON13-00088; ZON13-00089; ZON14-00032 Application for a General Plan Revision and Other Actions to Allow ( 1) 14- Foot Wide Driveway, Deviate From Required Front Yard Setback and Allow Driveway Serving More Than Ten Spaces to Dead End Without a Turnaround 12: 21 a. m. ADJOURNMENT Mayor / Chair Chaffee adjourned the meeting at 12: 21 memory of Bob Terpening. a. m. in The next City Council / Successor Agency closed session meeting is December 2, 2014 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 December 2, 2014 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. VegoqWse6ourn, Ma or/ Chair u n a it is ity Clerk November 18, 2014- Page 11