CU<< Fp A Nv- CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES OCTOBER 1, 2013-5: 00 P. M. Council Chamber 303 West Commonwealth Avenue Fullerton, California 5: 00 p. m. CALL TO ORDER Mayor/ Chair Whitaker called the meeting to order at 5: 00 p. m. All present ROLL CALL Present: Mayor / Chair Whitaker, Mayor Pro Tem / Absent: Vice Chair Chaffee, Council Members Sebourn, Flory, Fitzgerald None Staff Present: City Manager Joe Felz, Deputy City Attorney Ivy Tsai, City Clerk Lucinda Williams None PUBLIC COMMENTS None. 5: 02 p. m. RECESS to Closed Session Mayor/ Chair Whitaker recessed to Closed Session at 5: 02 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956.9( a) Name of Case: Case Number: Catherine Sobieski v. City of Fullerton, et al OCSC 30-2013- 00675291- CU- WM- JC 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956.9( a) Name of Case: Edward Michael York v. City of Fullerton Fullerton City Council/ Successor Agency Minutes October 1, 2013- Page 1
Case Number: OCSC 30-2011 00459515 3. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957. 6 Agency Representative/ s: Gretchen Beatty Employee Organization: Fullerton Municipal Employees Federation, Fullerton Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 6: 09 p. m. ADJOURNMENT Mayor/ Chair Whitaker adjourned the meeting at 6: 09 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is October 1, 2013 at 6: 30 p. m. in the Council Chambers, 303 West Commonwealth Avenue, Fullerton, California. 84A,f,et Bruce Whitaker, Mayor/ Chair da Williams, City Clerk Fullerton City Council/ Successor Agency Minutes October 1, 2013- Page 2
FU. va PUBLIC 4, CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / FINANCING AUTHORITY 114 p REGULAR MEETING MINUTES V 2 OCTOBER 1, 2013-6: 30 P. M. 01Coc ' Council Chamber 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor/ Chair Whitaker called the meeting to order at 6: 30 p. m. All present ROLL CALL Present: Mayor / Chair Whitaker, Mayor Pro Tern / Vice Chair Chaffee, Council Members Absent: None Sebourn, Flory, Fitzgerald Staff Present: City Manager Joe Felz, Deputy City Attorney Ivy Tsai, City Clerk Lucinda Williams INVOCATION Given by Fullerton Fire Chaplain. PLEDGE OF ALLEGIANCE Led by Council Member Flory. CLOSED SESSION REPORT None. Presented PRESENTATIONS 1. CERTIFICATE: Welcome CSU Fullerton Basketball Coaches 2. PRESENTATION: Fire Department Breast Cancer Awareness Month 3. PRESENTATION: Volunteer of the Month October 1, 2013- Page 1
PUBLIC COMMENTS Craig Allen Sheets spoke about drug trafficking and fishing at Laguna Lake. Cynthia Peck asked City Council to pull Consent Item 6. Jason Martinez spoke about homeless shelters. Paul Broden and Irene Shaw Broden thanked Police Chief Hughes for assisting with a recent Pathways to Hope auction. Steve Helgestad spoke about a recently granted Conditional Use Permit and related parking issues. Sean Paden asked to pull Consent Calendar Items 6 and 7. Kaylynn Gravina spoke about the Conditional Use Permit issued to the Gama Phi Beta Sorority. Jane Rands spoke about the Hunt Branch Library. Faith spoke about homeless issues. Matt Leslie reported on upcoming events at the Muckenthaler Cultural Center. CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Manager Felz responded to comments made during Public Comments and spoke about the local impact of the federal government shutdown. Council Member Flory reported on the opening of the Conservation Corps facility, asked for presentations on Hillcrest Park improvements, Fox Fullerton and the Muckenthaler Center and spoke about the City's camping ordinance. APPOINTMENTS None. CONSENT CALENDAR ( Items 1 through 11) Flory moved, seconded by Sebourn, to approve Consent Calendar Items 1, 2, 3, 5, 8, 9, 10 and 11. Motion carried 5-0. Approved 1. SEPTEMBER 17, 2013 MEETING MINUTES Recommendation by the Office of the City Clerk: Approve September 17, 2013 City Council / Successor October 1, 2013- Page 2
Agency / Public Financing Authority Meeting Minutes. Ordinance No. 3193 2. SECOND READING OF ORDINANCE NO. 3193 adopted FORMING ECONOMIC DEVELOPMENT COMMISSION Recommendation by the Office of the City Clerk: Adopt Ordinance No. 3193. ORDINANCE NO. 3193 AN ORDINANCE OF THE CALIFORNIA, AMENDING THE FULLERTON MUNICIPAL CODE BY ADDING CHAPTER 2. 22 ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION AND SETTING FORTH REGULATIONS RELATING TO ACTIVITIES OF ALL COMMISSION MEMBERS 102) Ordinance No. 3194 3. ORANGEFAIR SPECIFIC PLAN 1445 SOUTH LEMON adopted STREET, ZONING AMENDMENT LRP13-00003 ORDINANCE NO. 3194 Recommendation by the Office of the City Clerk: Adopt Ordinance No. 3194. ORDINANCE NO. 3194 AN ORDINANCE OF THE CALIFORNIA, APPROVING ZONING AMENDMENT LRP13-00003 TO CHANGE THE ZONING OF A 5. 7 ACRE SITE FROM C- 2 ( GENERAL COMMERCIAL) TO SPD ( SPECIFIC PLAN DISTRICT), SUBJECT TO PROVISIONS OF THE ORANGEFAIR SPECIFIC PLAN FOR PROPERTY LOCATED AT 1445 SOUTH LEMON STREET ( NORTHWEST CORNER OF LEMON STREET AND ORANGEFAIR AVENUE) 404) Approved 5. PRELIMINARY IMPLEMENTATION PLAN TO CONSOLIDATE POLICE DISPATCH OPERATIONS Recommendation by the City Manager: Approve City' s share of funding for agreement with Deloitte Consulting LLP to create an implementation plan for consolidating and sharing dispatch operations between the Cities of Brea, Buena Park, Fullerton, La Habra and Placentia. 1200) October 1, 2013- Page 3
Approved 8. ORANGE COUNTY TRANSPORTATION AUTHORITY MEASURE M2 ENVIRONMENTAL CLEAN UP PROGRAM TIER 1 PROJECT TIME EXTENSION REQUEST Recommendation by the Public Works Department: Authorize City Manager to request 12- month extension for Catch Basin Debris Screen Project funded under Environmental Clean Up Tier 1 Grant Program. 1200) Approved 9. APPROVAL OF ENGINEERING CONSULTANTS FOR AS- NEEDED ENGINEERING SERVICES Recommendation by the Public Works Department: 1. Authorize Director of Public Works to execute consultant Agreement with Harris & Associates, DMS Consultants Inc., Mark Thomas & Company Inc., Civiltech Engineering Inc., RBF Consulting, RMC Water and Environmental and KDM Meridian for engineering design and survey 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 as- needed basis. 1200) Resolution No. 2013-53 10. RESIDENT ONLY PERMIT PARKING 200 BLOCK adopted BERKELEY AVENUE ( F. M. C. 8. 44.230) Recommendation by the Public Works Department: Adopt Resolution No. 2013-53. RESOLUTION NO. 2013-53 A RESOLUTION OF THE CALIFORNIA, PROHIBITING PARKING WITHIN THE 200 BLOCK OF BERKELEY AVENUE WITHOUT A VALID CITY ISSUED PARKING PERMIT 1104-05) Approved 11. BASTANCHURY ROAD SEWER REPLACEMENT Recommendation by the Public Works Department: Reject all bids for Bastanchury Road Sewer Replacement project and authorize Director of Public Works to readvertise for bids. 1200) October 1, 2013- Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR Approved 4. EMERGENCY REPAIRS CITY HALL Sebourn moved, seconded by Fitzgerald, to rescind Resolution No. 2013-35 and terminate need for City Hall emergency repairs. Motion carried 5 0. 602-02) Continued to October 15, 6. DRIPP LEASE AGREEMENT FOR PROPERTY 2013 LOCATED AT 500 NORTH HARBOR BOULEVARD FIRESTONE BUILDING) Cynthia Peck expressed concerns with the parking associated with this item. Sean Paden expressed concerns with some terms of the lease. Leland Wilson acknowledged the parking challenge in the area and spoke about property rental. Sebourn moved, seconded by Fitzgerald, to continue this item to October 15, 2013. Motion carried 5 0. 1200) Approved 7. LAS VEGAS RAILWAY EXPRESS MEMORANDUM OF UNDERSTANDING EXTENSION REQUEST Sean Paden asked how this would impact parking at the Transportation Center. Fitzgerald moved, seconded by Sebourn, to authorize City Manager, or designee, to execute proposed Memorandum of Understanding extension on behalf of the City Council in a form approved by the City Attorney. Motion carried 5 0. 1200) PUBLIC HEARINGS ( Items 12 through 14) Continued to October 15, 12. LIMITED SECOND DWELLING UNITS ( PRJ13-00254 2013 at 6: 30 p. m. in the LRP13-00021) AND ACCESSORY BUILDINGS Council Chambers AND STRUCTURES ( LRP13-00022) City Mayor / Chair Whitaker opened a joint public hearing for Items 12 and 13 at 9: 01 p. m. Leland Wilson spoke in support of Item 12. Mayor / Chair Whitaker closed the joint public hearing for Items 12 and 13 at 9: 05 p. m. Sebourn moved, seconded by Flory, to continue Item 12 to October 15, 2013 at 6: 30 p. m. in the City Council October 1, 2013- Page 5
Chambers. Motion carried 5-0. 404) CEQA finding made, 13. DENSITY BONUS AND DEVELOPMENT Application findings CONCESSIONS / INCENTIVES ( LRP13-00027) made, Ordinance No. AND REASONABLE ACCOMMODATIONS ( LRP13-3195 introduced 00028) PRJ13-00260 Mayor / Chair Whitaker opened a joint public hearing for Items 12 and 13 at 9: 01 p. m. Leland Wilson spoke in support of Item 12. Mayor / Chair Whitaker closed the joint public hearing for Items 12 and 13 at 9: 05 p. m. Sebourn moved, seconded by Chaffee, to: 1. Make finding that project is exempt from CEQA review pursuant to CEQA Guidelines. 2. Make findings on application as recommended. 3. Introduce Ordinance No. 3195 for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. 3195 AN ORDINANCE OF THE CALIFORNIA, AMENDING THE FULLERTON MUNICIPAL CODE ( FMC), SECTION 15. 04. 040 DEFINITIONS; SECTION 15. 17. 120 DENSITY BONUS FOR AFFORDABLE HOUSING; SECTION 15. 30. 040. E MIXED USE ( COMMERCIAL / RESIDENTIAL) DEVELOPMENT AND ESTABLISHING A NEW CHAPTER 15. 65 REASONABLE ACCOMMODATION, TO MAINTAIN CONSISTENCY WITH STATE LAW Motion carried 5-0. City Clerk Williams read the title of the Ordinance. (404) Resolution No. 2013-54 14. RESOLUTION MODIFYING CERTAIN FEES AND adopted excluding Public Works fees; Public SERVICE CHARGES Mayor / Chair Whitaker opened the public hearing at Hearing continued to 10:22 p. m. October 15, 2013 No members of the public addressed the City at 6: 30 Council. Mayor/ Chair Whitaker closed the public hearing p. m. in the City Council at 10:23 p. m. Chambers Flory moved, seconded by Fitzgerald, to adopt Resolution No. 2013-54 excluding the fees for Public Works and continue public hearing for Public Works fees on October 15, 2013 at 6: 30 p. m. in the City Council Chambers. October 1, 2013- Page 6
RESOLUTION NO. 2013-54 A RESOLUTION OF THE CALIFORNIA, MODIFYING CERTAIN FEES AND SERVICE CHARGES Motion carried 3 2 ( Noes: Sebourn, Whitaker). 204-01) REGULAR BUSINESS ( Items 15 through 17) Approved 15. AFFORDABLE HOUSING AGREEMENT WITH RICHMAN GROUP OF CALIFORNIA, LLC FOR THE DEVELOPMENT OF A 95- UNIT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 345 EAST COMMONWEALTH AVENUE Flory moved, seconded by Fitzgerald, to: 1. Approve Affordable Housing Agreement by and between City of Fullerton and TRG Pacific Development, LLC substantially in the form drafted by the Special Counsel to the City of Fullerton. 2. Authorize payments totaling $ 8, 972, 000 from the 2010 Tax Taxable Allocation Housing Bond proceeds ( Fund 80) to pay costs associated with development of proposed project and professional services for preparation of Affordable Housing Agreement subject to 3% interest rate to be paid over 8- year term. 3. Authorize City Manager and Special Counsel to finalize and execute Affordable Housing Agreement and any other documents necessary to implement Agreement. Motion carried 3 1 1 ( Noes: Whitaker, Abstain: Chaffee). 1200) Continued to November 16. PUBLIC PROCESS FOR LABOR NEGOTIATIONS 5, 2013 Fitzgerald moved, with concurrence by Whitaker, to continue this item to the first meeting in November 2013. 300) Ordinance No. 3196 17. SALE OF VEHICLES ON SELECT STREETS AND introduced PUBLIC LANDS F. M. C. 8. 80 Fitzgerald moved, seconded by Flory, to introduce Ordinance No. 3196 for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. 3196 AN ORDINANCE OF THE CALIFORNIA, ADDING CHAPTER 8. 80 TO TITLE 8 October 1, 2013- Page 7
TRAFFIC) OF THE OF THE FULLERTON MUNICIPAL CODE TO ESTABLISH REGULATIONS REGARDING THE PARKING ON CERTAIN CITY STREETS OR PUBLIC LANDS OF VEHICLES CONTAINING A " FOR SALE" SIGN, MARKINGS OR PLACARDS ADVERTISING THE SALE OF THAT VEHICLE Motion carried 5-0. City Clerk Williams read the title of the Ordinance. (1104-01) AGENDA FORECAST October 15, 2013 Presentation for Library Foundation Donation Housing Element University Heights ( PRJ04-00859A) ( continued) Building & Fire Code Adoption Ordinance ( 1st reading) Orangefair Abandonment Award Construction Contract for Sewer Lining Project Legal Services Agreements Final Map for Tract 17463 Approval Group Insurance Renewals 12-13 Year-End Financial Report November 5, 2013 Pancreatic Cancer Awareness Month Building & Fire Code Adoption Ordinance ( 2nd reading) Fiscal Year 2013-14 1st Quarter Financial Report T& CC Recommendations: Sudene Disabled Persons Parking, Williamson Disabled Persons Parking (tentative) SCCO Bond Review Commission / Committee Recruitment Process Review Commission / Committee Structure / Appeals Bodies October 1, 2013- Page 8
11: 50 p. m. ADJOURNMENT Mayor / Chair Whitaker adjourned the meeting at 11: 50 p. m. in memory of" Jimbo" James Wright. The next City Council / Successor Agency closed session meeting is October 15, 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 October 15, 2013 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. 2Ltc Q, lam/ Bruce Whitaker, Mayor/ Chair uci a - lams, City Clerk October 1, 2013- Page 9