OF F,U. u ` CITY OF FULLERTON L<. CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION MINUTES cgt Foa`' P O MAY 20, 2014-4: 00 P. M. Z Council Chamber 303 West Commonwealth Avenue Fullerton, California III 4: 02 p. m. CALL TO ORDER Mayor/ Chair Chaffee called the meeting to order at 4: 02 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, Deputy City Attorney Ivy M. Tsai, City Clerk Lucinda Williams None PUBLIC COMMENTS None. 4: 03 p. m. RECESS to Closed Session Mayor / Chair Chaffee recessed to Closed Session at 4: 03 p. m. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956. 9( d)( 1) Name of Case: Frederick Ron Thomas v. City of Fullerton, et al. Case Number: OCSC 30-2012 00581299 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956.9( d)( 1) Name of Case: Matthew Goggans v. City of Fullerton, et al. Case Number: SACV13-00980 Fullerton City Council/ Successor Agency Minutes May 20, 2014- Page 1
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per 54956.9( d)( 1) Name of Case: Case Number: Government Code Section Bridget Wiseman v. City of Fullerton, et al. SACV13-01278 4. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation Per Government Code Section 54956. 9( d)( 4) Initiation of Litigation: Six cases ( code enforcement) 5. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957. 6 Agency Representative/ s: Gretchen Beatty Employee Fullerton Management Organization: Association, Fullerton Firefighters' Association, Fullerton Fire Management Association, Fullerton Police Officers' Association Safety, Fullerton Police Officers' Association Dispatch, Fullerton Police Management Association, Fullerton Municipal Employees Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 6. PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957( b)( 1) Title: Director of Community Development 6: 03 p. m. ADJOURNMENT Mayor/ Chair Chaffee adjourned the meeting at 6: 03 p. m. The next regular City Council / Successor Agency / Public Financing Authority meeting is May 20, 2014 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Douglas B. haffee, Mayor/ C dal; i iams, City Clerk Fullerton City Council/ Successor Agency Minutes May 20, 2014- Page 2
of FUPUBLIC CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / FINANCING AUTHORITY 0 REGULAR MEETING MINUTES V Z MAY 20, 2014-6: 30 P. M. Council Chamber cq P Foa 303 West Commonwealth Avenue Fullerton, California 6: 30 p. m. CALL TO ORDER Mayor/ Chair Chaffee called the meeting to order at 6: 30 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, Deputy City Attorney Ivy M. Tsai, City Clerk Lucinda Williams INVOCATION Given by Richard Miller, Crosspoint Friends. PLEDGE OF ALLEGIANCE Led by Ed Paul. CLOSED SESSION REPORT None. Presented PRESENTATIONS 1. PRESENTATION: League of California Cities 2. PRESENTATION: American Veterans Memorial Association 3. PRESENTATION: Muscular Dystrophy Association USA 4. CERTIFICATE: Disney Scholarship Recipients 5. COMMENDATION: Osher Lifelong Living Institute 35th May 20, 2014- Page 1
Anniversary PUBLIC COMMENTS Barry Levinson asked about the status of reserve officers. Rosa Barrias spoke about homeless issues. Stephan Baxter spoke about a recent art show for Fullerton Cares, the Kelly Thomas incident and arrests made by the Fullerton Police Department. Richard Dwyer spoke about City Council presentations and arrests made by the Fullerton Police Department. Jean Thaxton spoke about the Kelly Thomas incident and arrests made by the Fullerton Police Department. Ruth Hall spoke about the Fullerton Police Department, homelessness and domestic violence. Tony Package asked for updates on Mountain View Park, the proposed homeless shelter site, grey water irrigation and parking for Rolling Hills Park. Joe Imbriano spoke about arrests made by the Fullerton Police Department, media reporting and cell tower radiation. Diane Hickey spoke about cell tower radiation. Jesse LaTour spoke about Fullerton Railroad Days, Ralph Clark Park and the Kelly Thomas incident. Cassandra Fairbanks spoke about arrests made by the Fullerton Police Department. Curtis Gamble spoke about the Kelly Thomas incident and homeless shelters. Jane Rands invited the public to attend a ride of silence event and an upcoming West Coyote Hills presentation, asked for a presentation on fracking and spoke about arrests made by the Fullerton Police Department. Sharon Brown thanked the Police Department for their assistance in a recent matter. AJ Redkey spoke about police body cameras. CITY COUNCIL I SUCCESSOR AGENCY / STAFF COMMUNICATIONS Director of Public Works Hoppe gave an update on Mountain View Park, parking at Rolling Hills Park, repairs to Council May 20, 2014- Page 2
Chambers broadcast equipment and announced that it is National Public Works Week. City Manager Felz responded to issues raised during public comments. Mayor Pro Tem Sebourn reported on attendance at the SR 57 freeway expansion event, LoveFullerton. org serve day and Fullerton College Hall of Fame and noted that he presented a certificate to a graduating senior at Sonora High School. He asked, supported by Council Member Whitaker, to agendize a review of contracts for staff positions directly appointed by the City Council for review at next City Council meeting. Council Member Fitzgerald thanked staff for the Airport Days event, those who volunteered with the LoveFullerton. org event and the Sunrise Rotary Club, Assistance League and Boys & Girls Club for recent fundraising events. Council Member Whitaker reported on the Muckenthaler Auto Show and Fullerton Airport Days and asked to agendize a discussion regarding police department protest policies at the next meeting. Council Member Flory reported on attending the Pathways to Hope ribbon cutting event, Sunrise Rotary Hoedown fundraiser, Goodguys fundraiser for the Boys & Girls Clubs and the LoveFullerton.org serve day event. She also made clarifications to information given during public comments regarding abused children. Mayor Chaffee spoke about the proposed homeless shelter, City Council presentations and reported that he attended the Golden Hills School renaissance fair, a Boys & Girls Club fundraiser, the Pathways to Hope ribbon cutting, Airport Days, Fullerton Community College Hall of Fame dinner, an Assistance League fundraiser, the Muckenthaler Car Show, LoveFullerton. org serve day and an Orange County League of Conservation Voters awards dinner. Flory asked, supported discuss fracking. by Sebourn, to agendize an item to APPOINTMENTS None. CONSENT CALENDAR ( Items 1 through 5) Sebourn moved, seconded by Flory, to approve Consent Fullerton city council I Successor Agency I Public Financing Authority Minutes May 20, 2014- Page 3
Calendar Items 1, 2 and 3. Motion carried 5-0. Approved 1. MAY 6, 2014 MEETING MINUTES Recommendation by the Office of the City Clerk: Approve May 6, 2014 City Council / Successor Agency / Public Financing Authority Meeting Minutes. Ordinance No. 3211 2. ZONING AMENDMENT FOR PROPERTY LOCATED AT adopted 770 SOUTH HARBOR BOULEVARD PLC HARBORWALK APARTMENTS, LLC Recommendation by the Office of the City Clerk: Adopt Ordinance No. 3211. ORDINANCE NO. 3211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING ZONING AMENDMENT LRP12-00016 TO CHANGE THE ZONING OF A 2. 9 ACRE SITE FROM C- H ( COMMERCIAL- HIGHWAY) TO SPD ( SPECIFIC PLAN DISTRICT), SUBJECT TO PROVISIONS OF THE HARBOR WALK SPECIFIC PLAN, FOR PROPERTY LOCATED ON THE EAST SIDE OF HARBOR BOULEVARD BETWEEN ORANGETHORPE AND ASH AVENUES AT 700 SOUTH HARBOR BOULEVARD 404) Resolution No. 2014-36 3. AUTHORIZATION FOR SUBMITTAL OF APPLICATION adopted TO DEPARTMENT OF RESOURCES AND RECYCLING AND RECOVERY FOR FUNDING UNDER THE HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM Recommendation by the Administrative Services Department: Adopt Resolution No. 2014-36. RESOLUTION NO. 2014-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY CALRECYCLE) FOR FUNDING UNDER THE HOUSEHOLD HAZARDOUS WASTE PROGRAM ( 1300) May 20, 2014- Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR Approved 4. BASTANCHURY / VALENCIA MESA BIKE PATH PROJECT Jane Rands thanked staff for this project. Flory moved, seconded by Fitzgerald, to: 1. Approve plans and specifications for Bastanchury / Valencia Mesa Bike Path project. 2. Award $ 433, 478. 25 construction contract to Roadway Engineering & Contracting Inc. for the Bastanchury / Valencia Mesa Bike Path project. Motion carried 5 0 1200) Approved 5. STREET LIGHT REPLACEMENTS Flory moved, seconded by Chaffee, to: 1. Approve plans and specifications for Street Light Replacements project. 2. Approve $ 390, 000 budget transfer of Successor Agency 2005 Bond Proceeds to Project 46015 Street Light Replacements project contingent upon state approval of funds. 3. Award $ 300, 000 construction contract to Pro Tech Engineering for Street Light Replacements project. Motion carried 5 0. 1200) PUBLIC HEARINGS None. REGULAR BUSINESS ( Items 6 through 8) Approved 6. PROPOSED WATER RATE INCREASE WATER SUPPLY COST Joe Imbriano spoke about causes of extreme climatic conditions and water quality. Fitzgerald moved, seconded by Flory, to authorize mailing of required Proposition 218 notice which begins the 45- day comment period related to the proposed multi- year pass- through" of water supply cost water rate increase and hold a public hearing on July 15, 2014. Motion carried 3 2 ( Noes: Whitaker, Sebourn). 806-09) May 20, 2014- Page 5
Approved 7. ASSESSMENT OF CITY' S SEX OFFENDER ORDINANCE ( Continued from May 6, 2014) Barry Levinson addressed issues with the draft document. Sean Paden spoke about language regarding parks. Curtis Gamble spoke in favor of state oversight of sex offender laws. Richard Dwyer supported strict regulations. Joe Imbriano spoke in favor of strict regulations and further consideration of this ordinance. Flory moved, seconded by Sebourn, to amend portion of Ordinance prohibiting sex offenders from entering City parks as discussed at this meeting and direct the Fullerton Police Department to utilize existing State law alternatives to enhance child safety in parks. Motion carried 4 1 ( No: Whitaker). 604) Input provided 8. TRANSPARENCY AND ACCOUNTABILITY IN LABOR NEGOTIATIONS Barry Levinson spoke in favor of the COIN ordinance model. Sean Paden spoke in favor of the COIN ordinance model and commented on proposed changes presented at this meeting. City Council directed staff to prepare a draft ordinance based on comments from this meeting to present to City Council at a future meeting. 1200) AGENDA FORECAST June 3, 2014 American Veterans Memorial Association Presentation M2 Eligibility Renewal Yorba Linda Blvd Reconstruction from Placentia to Bradford Berkeley Ave Reconstruction Lemon to Chapman Contract Award Orangethorpe Ave Reconstruction from Auto Center to Magnolia Fullerton City Council 1 Successor Agency I Public Financing Authority Minutes May 20, 2014- Page 6
North Berkeley Reconstruction Harbor to Valley View Contract Award Pomona Ave Street Reconstruction Award Call Election Budget Adoption June 17, 2014 OCWD Presentation RFP for Banking Services RFP for Investment Services Long term Shared Maintenance Agreement with the City of Placentia for Placentia Ave Grade Separation and Adjacent Improvements Water Conservation Shortage Plan Phase One Insurance Renewals World Special Olympics 10: 41 p. m. ADJOURNMENT Mayor / Chair Chaffee adjourned the meeting at 10: 41 p. m. The next City Council / Successor Agency closed session meeting is June 3, 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 June 3, 2014 at 6: 30 p. m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. r Q Douglas. haffee, Mayor hair 4iiin d Willams, City Clerk May 20, 2014- Page 7