F OF, << CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY A. ` CLOSED SESSION MINUTES L.- OCTOBER 20, 2015-5: 00 P. M. c1 - IFoa_,\ P T z Council Chamber 303 West Commonwealth Avenue Fullerton, California 5: 02 p. m. CALL TO ORDER Mayor/ Chair Sebourn called the meeting to order at 5: 02 p. m. All Present ROLL CALL Present: Mayor / Chair Sebourn, Mayor Pro Tem / Vice Chair Fitzgerald, Council Members Absent: None Chaffee, Flory, Whitaker Staff Present: City Manager Joe Felz, City Attorney Richard D. Jones, City Clerk Lucinda Williams None PUBLIC COMMENTS None. 5: 02 p. m. RECESS to Closed Session Mayor/ Chair Sebourn recessed to Closed Session at 5: 02 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Per Government Code Section 54956. 9( d)( 4) Initiation of Litigation: Three Cases 2. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957. 6 Agency Representative/ s: Steve Berliner, Frances Rogers Employee Organization: Fullerton Management Association, Fullerton Firefighters' Association, Fullerton Fire Management Association, Fullerton Police Officers' Association October 20, 2015- Page 1
Safety, Fullerton Police Officers' Association Dispatch, Fullerton Police Management Fullerton Association, Employees Association Municipal Under Discussion: Parameters of authority for salaries, negotiating benefits and working conditions 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9( d)( 1) Name of Case: Teresa Silva v. City of Fullerton, et al. Case Number: OCSC 30-2013 00652228 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956.9( d)( 1) Name of Case: Leonor Rodriguez v. City of Fullerton, et al. Case Number: OCSC 30-2015 00796223 6: 22 p. m. ADJOURNMENT Mayor/ Chair Sebourn adjourned the meeting at 6: 22 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is October 20, 2015 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. G, o Qbourn, PLS g Mayor/ Chair u,. a i dams, City Clerk October 20, 2015- Page 2
CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / DL. 4 O E PUBLIC FINANCING AUTHORITY REGULAR MEETING MINUTES u ISA i OCTOBER 20, 2015-6: 30 P. M. Council Chamber c" P h1.ifor'` 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor/ Chair Sebourn called the meeting to order at 6: 30 p. m. All Present ROLL CALL Present: Mayor / Chair Sebourn, Mayor Pro Tern / Vice Chair Fitzgerald, Council Members Chaffee, Flory, Whitaker Absent: Staff Present: None City Manager Joe Felz, Deputy City Attorney Ivy Tsai, City Clerk Lucinda Williams INVOCATION given by Mayor Sebourn. PLEDGE OF ALLEGIANCE led by Civil Air Patrol / Daisy Troop 3484 Daisies and Junior Girl Scout Troop 2830. CLOSED SESSION REPORT Deputy City Attorney Tsai reported on Labor Negotiations. EX PARTE COMMUNICATIONS REPORT PURSUANT TO FMC 2. 33. 040 - TRANSPARENCY AND ACCOUNTABILITY IN LABOR NEGOTIATIONS None. Presented PRESENTATIONS 1. PRESENTATION: Fullerton Fire Department 2. PRESENTATION: Chambers Ambassador Program October 20, 2015- Page 3
PUBLIC COMMENTS Barry Levinson spoke about a police incident involving him one year ago. Jane Rands thanked City Council for the bike boulevard on East Wilshire Avenue and spoke about upcoming public meetings. Jorge San Roman spoke about judgement. Craig Allen Sheets spoke about privacy issues, narcotics and nuclear devices. Joe Imbriano spoke about breast cancer. CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Manager Felz reported on upcoming meetings. Council Member Chaffee reported on the Boys & Girls Club annual dinner, West Coyote Hills meetings and a Coast to Coast Foundation fundraiser. Council Member Flory announced the upcoming Police Department Open House and reported on cases of West Nile Virus in Orange County. Mayor Pro Tern Fitzgerald congratulated the Coast to Coast Foundation and announced the upcoming Annual Women' s Leadership Forum. Mayor Pro Tern Fitzgerald asked, support by Mayor Sebourn, for a report on the state' s new anti- COIN law. Mayor Sebourn announced an upcoming Fullerton Cares comedy event fundraiser and the Mayor's Office Open House event. APPOINTMENTS None. CONSENT CALENDAR Flory moved, seconded by Chaffee, to approve Consent Calendar Items 1, 2, 5, 9 and 10. Motion carried 5 0. October 20, 2015- Page 4
Approved 1. OCTOBER 6, 2015 MEETING MINUTES Recommendation by the City Clerk' s Office: Approve October 6, 2015 City Council / Successor Agency / Public Financing Authority Meeting Minutes. Received and filed 2. SEPTEMBER 2015 CHECK REGISTERS Recommendation by the Administrative Services Department: Receive and file. 203) Approved 5. AMERICAN LIBRARY ASSOCIATION / NATIONAL ENDOWMENT FOR THE HUMANITIES GRANT Recommendation by the Library: Accept $ 3000 in funding from American Library Association / National Endowment for the Humanities for 2015-16 and increase Library Department appropriations by the same amount. 1300) Approved 9. TAXIWAY SAFETY AREA PROJECT AWARD OF DESIGN CONTRACT Recommendation by the Public Works Department: 1. Award $ 153, 971 design contract to C& S Companies. 2. Authorize Director of Public Works or designee to apply for and execute all documents related to FAA Airport Improvement Program Grant and Caltrans Division of Aeronautics Matching Funds Grant for this project. 1200) Approved 10. STORM DRAIN LINING PROJECT FISCAL YEAR 2014-15 Recommendation by the Public Works Department: 1. Approve plans and specifications for Storm Drain Lining Project Fiscal Year 2014-15. 2. Approve $ 79, 000 budget transfer of Sewer Enterprise Fund from Project 51417 to Project 52716 Storm Drain Lining Project Fiscal Year 2014-15. 3. Award $ 246, 565 construction contract to Burtec Pipeline, Inc. for Storm Drain Lining Project Fiscal Year 2014-15. 1200) October 20, 2015- Page 5
ITEMS REMOVED FROM THE CONSENT CALENDAR Ordinance No. 3224 3. DEVELOPMENT PROPOSAL TO DEVELOP 17 SINGLE adopted FAMILY HOMES AT 3125 LAUREL AVENUE SECOND READING OF ORDINANCE Mayor Sebourn recused himself from this item and left the Council Chambers. Joe Imbriano spoke about the impact of this project on water supplies. Barry Levinson spoke about the General Plan and the impact of this project on water supplies. Chaffee moved, seconded by Flory, to: Adopt Ordinance No. 3224. ORDINANCE NO. 3224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO RECLASSIFY THE 2. 86 ACRE PROPERTY FROM R- 1-20 ( ONE FAMILY RESIDENTIAL, 20, 000 SF MIN. LOT SIZE) TO PRD ( PLANNED RESIDENTIAL DEVELOPMENT) ON PROPERTY LOCATED AT 3125 LAUREL AVENUE Motion carried 4 0 1. 404) Mayor Sebourn returned to the Council Chambers. Received and filed 4. DISTRICT ELECTIONS MAPPING PROCESS UPDATE Joe Imbriano said this is a tribalization of Fullerton and asked the City to fight this if it fails at the ballot. Jane Rands said she thinks putting the district elections question before the voters is a smart choice. Flory moved, seconded by Fitzgerald, to receive and file. Motion carried 5 0. 503) Approved 6. FINAL MAP FOR TRACT NO. 17752 Fitzgerald moved, seconded by Flory, to: 1. Accept easement for public service, police patrol, emergency vehicle access, fire protection and refuse collection as dedicated on the map. 2. Authorize Mayor and City Clerk to enter into subdivision agreement with subdivider in a form approved by the City Attorney. Motion carried 5 0. 404) October 20, 2015- Page 6
Approved 7. APPROVAL OF ENGINEERING CONSULTANTS FOR AS- NEEDED ENGINEERING SERVICES Mayor Sebourn recused himself from this item and left the Council Chambers. Flory moved, seconded by Chaffee, to: 1. Authorize Director of Public Works to execute Consultant Agreement with Ninyo and Moore, Smith- Emery Laboratories and MGTL Inc. for geotechnical investigations and construction materials testing services, in a form approved by the City Attorney. 2. Authorize Director of Administrative Services to issue purchase orders to these firms for individual projects on an as- needed basis. Motion carried 4 0 1 ( Recused: Sebourn). 1200) Mayor Sebourn returned to the Council Chambers. Approved and referred to 8. JUANITA COOKE TRAIL PROJECT Bicycle User Subcommittee Jane Rands asked about the plans and specifications for this project and asked that those plans go before the Bicycle User Subcommittee from this point forward. Sebourn moved, seconded by Fitzgerald, to: 1. Approve plans and specifications for the Juanita Cooke Trail project. 2. Approve $ 180, 000 Park Dwelling funds budget transfer from Project 54040 Citywide Trail Improvements and $ 60, 000 Park Dwelling Fund Balance to Project 54029 Juanita Cooke Trail at Bastanchury. 3. Authorize Director of Public Works to advertise for bids. 4. Direct staff to forward this item to the Bicycle Users Subcommittee for review after City Council approval. Motion carried 4 1 ( No: Chaffee). 1200) PUBLIC HEARINGS None. REGULAR BUSINESS Not approved 11. PROPERTY ASSESSED CLEAN ENERGY ( PACE) PROGRAM Sebourn moved, seconded by Fitzgerald, to un- table this October 20, 2015- Page 7
item. Motion carried 4 1 ( No: Whitaker). Joe Imbriano spoke in opposition to this program. Kevin Pendergraft spoke in opposition to this item. Sean Paden spoke in opposition to this item. Mark Hiatt spoke in opposition to this item. Barry Levinson spoke in opposition to this item. Mike Lemyre spoke in support of this item. Aaron Villaraigosa spoke in support of this item. Dustin Reilich spoke in support of this item. Fitzgerald moved, seconded by Flory, that the City of Fullerton will not offer PACE financing at this time. Motion carried 4 1 ( No: Sebourn). 105) Resolution No. 2015-51 12. PARS TRUST FOR POST- EMPLOYMENT BENEFITS adopted Sean Paden expressed concern with the City using funds as intended and suggested giving control of the funds to the beneficiaries. Joe Imbriano spoke in favor of continuing to let the state control these funds. Barry Levinson asked for at least one study session on this topic. Flory moved, seconded by Fitzgerald, to adopt Resolution No. 2015-51. RESOLUTION NO. 2015-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST- EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES ( PARS) 301) Motion carried 4 1 ( No: Whitaker). Referred to Parks and 13. LEASE AGREEMENT WITH SUMMIT RESTAURANT Recreation Commission COMPANY, LLC and then return to City Sean Paden asked that previous agreements be made Council available to the public. David Curlee said the length of the lease is too long and discussed information in the staff report. Barry Levinson asked why Commission did not review this item. the Parks & Recreation Joe Imbriano questioned the process used with this October 20, 2015- Page 8
agreement. City Council referred this Item to the Parks and Recreation Commission and then the item will to return to City Council. 1200) Approved 14. MEMORANDUM OF AGREEMENT BETWEEN CITY OF FULLERTON AND FULLERTON MUNICIPAL EMPLOYEES FEDERATION David Curlee asked questions about call back pay. Sean Paden spoke about accurate projections of pay increases, unfunded pension debt and health care costs. Joe Imbriano asked about the auditing required under the COIN ordinance. Barry Levinson spoke about the full cost of employee compensation and asked about the length and term of the agreement. Chaffee moved, seconded by Flory, to approve first reading of the Memorandum of Agreement Between City of Fullerton and Fullerton Municipal Employees Federation. 1200) Motion carried 3 2 ( Noes: Whitaker, Sebourn). Approved 15. CALIFORNIA STATE UNIVERSITY, FULLERTON CENTER FOR HEALTHY NEIGHBORHOODS MEMORANDUM OF UNDERSTANDING Sebourn moved, seconded by Flory, to approve Memorandum of Understanding with California State University, Fullerton, in a form approved by the City Attorney. 1200) Motion carried 4 0 1 ( Absent: Fitzgerald). AGENDA FORECAST Tuesday, November 3, 2015 Proclamation: Dennis Hittle District Elections Update 1st Quarter Financial Report ( including Course) Brea Dam & Golf 1st and 2nd Readings of MOUs Committee Restructure Affordable Housing Funding October 20, 2015- Page 9
Tuesday, November 17, 2015 Valencia Drive Street Reconstruction Contract Award 2nd Reading MOUs District Elections Update Harbor Boulevard Slope Improvements Model Water Efficient Landscape Ordinance Streetlight Upgrades RMC Grant Resolution EDC Recommendations 10: 26 p. m. ADJOURNMENT Mayor/ Chair Sebourn adjourned the meeting at 10: 26 p. m. The next City Council / Successor Agency closed session m. in the Council meeting is November 3, 2015 at 5: 00 p. Chamber, 303 West Commonwealth Avenue, Fullerton, California. The next regular City Council / Successor Agency / Public Financing Authority meeting is November 3, 2015 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. IrySebourn, PLS Mayor / Chair a Williams, City Clerk October 20, 2015- Page 10