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CSC Minutes March 14, 2005

City Council Chamber
Monday, March 14, 2005
6:30 p.m.

CALL TO ORDER:

Chair Miller called the meeting to order at 6:30 p.m.

FLAG SALUTE:

Commissioner Swanson led the flag salute.

ROLL CALL:

Present :

Kathleen Baier-Dalton, George Miller, Nancy Spencer, Neil Swanson

Absent :

Virginia Han, Craig Russell

Staff :

Community Services Managers Joe Felz, Grace Miranda, Randy McDaniel, and Pat Trotter, Cultural Events Specialist Dannielle Mauk, Dan Sereno, Landscape Superintendent; City Clerk Beverley White

PUBLIC COMMENTS:

None

ACTION ITEMS (Items 1 - 5 )

  1. MINUTES OF THE FEBRUARY 14, 2005 REGULAR MEETING

    Commissioner Dalton MADE A MOTION to approve the February 14, 2005 minutes as written. Commissioner Spencer SECONDED THE MOTION

    Per Chair Miller the minutes stand APPROVED AS WRITTEN.

  2. ELECTION OF COMMUNITY SERVICES COMMISSION OFFICERS

    Due to Director Molendyks absence, Manager Felz acted on his behalf, stating that he would oversee the election of the Community Services Commission Chair and Vice-Chair, and opened the floor for nominations for the Chair. Commissioner Dalton MADE A MOTION to nominate Commissioner Swanson as Chair; Chair Miller SECONDED THE MOTION. Asking for but receiving no other nominations, Manager Felz closed the nominations and called for the vote.

    AYES: Dalton, Miller, Spencer, Swanson
    NOES: None
    NOT PRESENT: Han, Russell

    The MOTION CARRIED unanimously. Manager Felz congratulated Chair Swanson on his election.

    Manager Felz then opened the floor for nominations for Vice-Chair. Commissioner Spencer nominated Commissioner Han whom she noted was not at the meeting: Chair Swanson SECONDED THE MOTION. Manager Felz, asking for but receiving no other nominations, called for the vote.

    AYES: Dalton, Miller, Spencer, Swanson
    NOES: None
    NOT PRESENT: Han, Russell

    The MOTION CARRIED unanimously. Chair Miller then passed on the gavel to the new Chair, Chair Swanson.

  3. REVIEW OF PROCEDURES AND PRACTICES FULLERTON MARKET PROGRAM

    Manager Joe Felz made the presentation with assistance from Cultural Events Specialist Dannielle Mauk. He noted that with a project like the Fullerton Market, which is ever-evolving, in its fourteenth year and very successful, there are still items that need to be reviewed and revised from time to time.

    Manager Felz outlined three issues at the Fullerton Market for the Commissions review:

    AYES: Dalton, Han, Miller, Russell, Spencer, Swanson NOES: None.

    1.) Controlling commercial and political flyers and petition signature gatherers

    2.) Retention of quality food vendors

    3.) Long-range plans for requests to participate from non-profit agencies

    Regarding the first issue of political Manager Felz explained that the numerous business flyers being distributed to the crowds at the Fullerton Market create trash and compete with the vendors who pay money to rent a booth. The Market also has a significant amount of paid petition gatherers who can sometimes be more aggressive than market goers care for, and generates the most complaints. They also receive requests during local elections to set up tables and pass out flyers. After reviewing the issue with the City Attorney, staff learned that they are legally able to control the time, manner and place where petition gatherers can position themselves. He added that the City has tried to find a very good location to reduce confrontations. Manager Felz showed the locations for petition gatherers at a total of four prime spots at the entrances to the markets which the City Attorney has approved. He said he would like the commissioners to discuss the issue, and, if they so chose, to endorse the procedure outlined.

    Chair Swanson asked if the number of petition gatherers could be limited, and Manager Felz said they really couldnt, but that it was usually self-limiting, with up to four or five petitioners per day. When asked what the enforcement was, Manager Felz said Events Specialist Mauk would enforce the policy, or, if needed, the police could be called. Commissioner Spencer remarked that the staff would still have to police those petitioners who get in and wander around the market. Manager Felz agreed, saying that the vendors dont like the petitioners taking away their business so they report them to staff who then ask them to leave. He added that the petitioners are generally respectful because they know they are being treated well.

    Chair Swanson asked if the petitioners could block the entrance and Manager Felz said theres a clear pathway that must be kept open. Commissioner Dalton asked if Manager Felz felt that if there was a policy that stated where petitioners could be, i.e., at the four pillars at the Market, and that they would not be allowed within the Market, should take care of most of the problems. Manager Felz agreed, saying it was especially important to have a policy because the petitioners would ask, Who said so?, and staff could then point to and provide in writing both the legal summary and the Commission policy. Commissioner Dalton asked if the City could require petitioners to rent booths, but Manager Felz said no.

    The second Market issue Manager Felz introduced to the commissioners was the food vendors. He asked the Commission to approve the fee increases prior to the beginning of the new Market season, saying that it was a balancing act for Events Specialist Mauk, who had to find fee levels acceptable to the vendors but also in line with other markets. Because theyve been successful the past few years in bringing in a higher quality of food vendor, Manager Felz said the Department wanted to increase the weekly booth fee for food vendors to bring the market more in line with other premier markets. By keeping the higher quality vendors who can afford the higher fees, this also attracts other high quality vendors to the Market. He said the Department raised fee from a min. of $35 or 10% of gross to $45 or 10% of gross.

    Manager Felz said they also want to limit vendor absences to two per season, noting that some vendors have abused the policy and come when they felt like it. He said the lack of consistent vendors can hurt the Market attendance. Commissioner Miller asked about the church that sells food, and Manager Felz said they are a vendor, are licensed, and pay the percentage or flat fee. Commissioner Spencer asked how many vendors were at the market, and Events Specialist Mauk said there were seven or eight. Commissioner Dalton asked if there are other vendors who want to come but arent allowed because there is a limit to the number of vendors allowed, saying she remembered the days when there wasnt any good food, but that she liked the food now. Manager Felz answered that it was a balancing act to provide enough vendors with different types of food to keep the crowds happy, but not too many to keep the vendors happy. If the crowds continued to grow, he said they might add another vendor. Commissioner Dalton confirmed that the Market would maintain seven or eight vendors and that the vendors were allowed two absences for the entire season.

    Manager Felz brought up the third item regarding the Market which was that non-profit participation at the market is increasing. He said that, traditionally, the non-profits would come for a week or two, but now there are some who come week after week such as Save Coyote Hills and a Baptist church. While he considered it a good mix, Manager Felz said but the Market wants to ensure that there are not so many nonprofits that it makes the market less attractive. He said it was the entertainment, the commercial vendors and food that draw the crowds. Right now, Manager Felz said they dont have to turn anyone away, but in the future, they might have to, and they want to have a policy in place.

    Commissioner Miller asked if the non-profits pay, and Manager Felz said they pay just like the other vendors, a straight fee of $35 per week per booth which will stay the same this year. When asked, Manager Felz said the Department is asking for 20% non-profit booths unless the market isnt full, or about 8 10 non-profits. He also said the non-profits are a nice part of the market, e.g., the Muckenthaler advertises its car show by putting a classic car on view and selling raffle tickets, thus, the non-profits are not a negative, rather staff is just trying to plan for the future. Commissioner Spencer noted that some of the non-profits attract quite a few people, such as West Coyote Hills; Manager Felz agreed.

    Manager Felz concluded his presentation by saying that they were looking for Commission discussion and a vote on the policy.

    Commissioner Miller MADE A MOTION to accept the staff recommendations, and Commissioner Dalton SECONDED THE MOTION, saying that discussing issues like this was really important and that she liked the fact that staff had issues and were seeking clarification, and that they were being proactive in their approach. She said the market was a really valuable asset to the City, it has grown, become much more refined and popular, so it would continue to be a local and regional draw. She agreed with limiting the petitioners, saying she didnt like being bothered by them.

    Commissioner Spencer asked if craft vendors rented for the year or for the season; Manager Felz said they can rent annually, seasonally or week-to-week, but that they were fairly consistent. However, there were still opportunities to get some new vendors in, too. Commissioner Miller asked if produce vendors were stable and responsible, saying that he felt they were the draw for the market. Events Specialist Mauk said the farmers are consistent, although there is some fluctuation due to the seasonal nature of the produce.

    Commissioner Dalton reiterated the three issues the Commissioners are being asked to approve: 1.) Restricting petition gatherers to the entrances of the market; 2.) Food vendor fees changed from $35 or 10% to $45 or 10% as well as no more than two absences; and 3.) Non-profits not to exceed 20% of the overall vendors. Manager Felz agreed. Chair Swanson asked how they would mark the boundaries for solicitation, and Manager Felz said they pace off the boundaries, and that it was somewhat informal; however, most of the serious petitioners bring tables which would be placed at specific locations. Also, the main locations are situated near staff who can monitor the petitioners. Chair Swanson said it was important to define the boundaries as much as possible to prevent abuse.

    Chair Swanson called for the vote.

    AYES: Dalton, Miller, Spencer, Swanson NOES: None NOT PRESENT: Han, Russell

    The MOTION CARRIED unanimously.

    Chair Swanson asked for public comment.

    Marilyn Harris, 2408 W. Flower, Fullerton Asked if the City had event insurance that guarantees a rental space for the market vendors, and he said that the City does, and that there is also a special events insurance that covers all of the special events. He said they define the time of the Market as a closed venue. Ms. Harris said she remembered that Jan Flory was accosted for handing out flyers, saying that petitions are an American way of expressing oneself, and something the City should be encouraging, not discouraging.

    Ms. Harris clarified with Manager Felz that the Market policy prohibited all types of petitioners or solicitors, including political candidates. She asked if the Mayor was handing out business cards for his election, he would have to stand at the entrance to the Market, too; Chair Swanson answered that the Mayor would, as defined. She asked Chair Swanson if he would tell him that, and Chair Swanson said hed be happy to although the Events Specialist would take care of that. Ms. Harris said one should be very careful of the wording to ensure freedom of rights and political interaction on public property are not being violated. She said the City should be sure that everyone including high profile politicians were under the same restrictions and not just the local flyer distributor. She said she couldnt support this first recommendation.

    Manager Felz clarified that political candidates are addressed in the agenda letter and assured Ms. Harris that these issues are all being considered although there was no way to control conversations between two people and that there were would always be a gray area. However, they are trying to provide parameters to those people who have formal booths, are running for office and trying to get signatures while balancing freedom of speech issues, trying to run a business and providing a good community event. Chair Swanson thanked Joe for his presentation and comments.

  4. PARK BOND REHABILITATION PROJECTS

    Manager Felz introduced Park Projects Manager Randy McDaniel who presented the Park Bond Rehabilitation Projects agenda item. He asked the Commission to review the renovation plans for Valencia, Byerrum and Adlena parks, and to provide staff with direction to proceed with the proposed renovations. He also introduced Denise Buchanan, Park Projects Specialist, saying that she worked hard on the projects including the three conceptual designs, public meetings, cost estimates and project administration.

    Manager McDaniel said he would provide background on the projects, review existing conditions and proposed improvements at the parks, provide the project schedule, and then take comments and questions. He then showed commissioners vicinity maps of Valencia, Byerrum and Adlena parks, and also included Woodcrest Park, noting that these parks were all on the Priority Project List, and were all south of Chapman where there is a disproportionately high population density to open space. He said the funding was coming from two park bonds: A Per Capita Bond and a Roberti-Zberg Harris Bond, that the citizens of California voted for the bonds in both 2000 and 2002, and that the funding was Fullertons portion of those bonds. Manager McDaniel said the primary goals are to replace old infrastructure, meet Americans with Disabilities Act requirements, and improve public safety while a secondary goal is to improve and maximize the recreational value.

    A pie chart of the funding amounts was displayed, and Manager McDaniel said that the funding was sufficient to complete the park projects for Valencia, Byerrum and Adlena parks, and that the total amount of funding was $2,770,000 dollars. The $410,000 left over would be reserved as a contingency for the three parks and/or for Woodcrest Park which is next in line for renovations.

    Manager McDaniel showed the Valencia Park aerial photo with the park amenities, saying that the majority of renovations will be to the front portions of the park, and received community input from the Valencia School Site Council, Fullerton School District, the Boys and Girls Club, and Fullerton ASA Softball, the latter which plays on the fields. He said renovations to this highly-used park are needed to the wading pool, landscaping, picnic area and restroom, and there are opportunities for providing greater recreational value. Manager McDaniel presented the renovation conceptual plan which included new paving, a seating wall, a more well-defined access point to the park with a new sign, and a new vehicle entry. He noted that due to the high use at the park, a more urbanized park concept was developed with new paving, game tables, a new spray park, new and improved picnic shelter & tables. He said that most of the park elements would remain in the same location, but would be enhanced and improved for safety. All the trees would remain.

    Manager McDaniel then displayed a Byerrum Park aerial photo, saying the 1951 park needed renovation. He said they received input from the Fullerton Rangers Soccer, Raymond School PTA, East Fullerton Little League, and the school district. Due to a safety issue, there are plans to remove the defunct wading pool, create better access to the picnic areas, and replace it with play areas, and build a new entry way. He said the area is very busy and a Walgreens is coming in across the street; thus, the plan will try to control circulation and ensure that children are kept from the busy street. More trees will be planted to enhance the forested feel with more picnic tables, barbeques and trash cans, and a new playground structure will be built for smaller children because the school has one for older children. Manager McDaniel added that the City will probably use pilasters and wrought iron fencing all the way down instead of the previously planned chain link.

    The next site discussed was Adlena Park, built in 1950. Input was received from neighborhood community meetings and National Junior Basketball. Deficiencies included a cracked basketball court, only one picnic area, and defunct wading pool also creating safety and liability issues. A new sign would also be installed. Manager McDaniel presented the conceptual plan, saying the City would like to provide at least three picnic areas, possibly four, a tree-shaded pavilion, a new basketball court allowing two games or four practices, and a wading pool with sprays, a water wall, and pop jets. He noted that the new park pools would have manual foot activators which would decrease costs and waste, providing a maintenance-free amenity.

    Manager McDaniel said the Community Services Department is seeking the Commissions direction, and hopes to start construction by next summer 2006, with documents out to bid Fall 2005. He added that tonights meeting was publicly noticed to all residents within a 300-foot radius of the parks with notices at all the parks, as were all the community meetings related to the parks. Commissioner Dalton asked if the item would go to Council and/or if the Commission would ever see it again. Manager McDaniel said that once the Commission approves the item, they will bring it to the Councils first April meeting as an informational item, then develop construction documents which they will get Councils approval to send out to bid and award.

    Commissioner Spencer asked if the water feature was very similar to the one at Plaza Park, and if Lemon Parks water feature is going continually. Manager McDaniel said the Lemon Park water feature is really controlled in that it is on for very specific hours, whereas the proposed water sprays will be user-activated. However, he noted that the Lemon Park pool was so well-utilized that when the spray is on, there are always people there. When asked, he said the Museums spray pool is on year-round while Lemon Parks is seasonal due to budget considerations. He explained that the old wading pools have a lot of liability, need lifeguards, have to be drained and filled daily, and had health issues, too. Commissioner Miller asked if it was fair to say the community supported the projects, and Manager McDaniel said yes, and that it was overwhelming support although Adlena neighbors wanted more improvements which were incorporated in the conceptual plans as future improvements. He said in the meeting with the community at Adlena, the primary improvement needed was the water play area.

    Chair Swanson asked about Richman Park being a priority, and Manager McDaniel said Richman Park was the number one priority, however, the Department found other funding for Richman Park so the other parks on the priority list could be improved. The amount of money ($2,770,000) they have is still the same, but they dont have to use it on Richman Park; additionally, they have funding to replace restrooms at Nicolas and Chapman parks. He assured Chair Swanson that they have sufficient money for all the planned improvements at Valencia, Byerrum and Adelena parks, with potential funding of $400,000 for Woodcrest Park although there isnt a conceptual plan for it, yet. He also confirmed that the park improvements follow the priority list.

    PUBLIC COMMENT

    Marilyn Harris, 2408 W. Flower Ave. Fullerton - Asked if the City is renovating the restrooms at Adlena Park which she said were atrocious, and was told yes. She also said she is School Site Council Chairman at Valencia Park, and said they were hoping, after providing input at the community meeting, for bleachers in the fields, more parking, and barbeque stands moved due to the Boys and Girls Club insanity after school which limits the general public from using the park from that time until dusk. She added that there needs to be a way to turn off the wading pools because she believed the Boys & Girls Club kids would be popping on the jets after school and getting soaking wet. Ms. Harris said they were overall pleased with the design, but wanted to have some changes, and was disappointed that they werent part of the conceptual plan.

    Manager McDaniel said the City did respond to the concerns in the agenda letter, that they are in the budget but that these were details, and would be further developed in the design documents. He noted that one of the concerns was whether the picnic shelter could accommodate the numbers proposed, and this was reviewed and found to be correct, and he said that bleachers are already provided on new concrete and more bleachers could also be provided, if needed. Regarding the water feature, he said there will be many controls, there will be fine-tuning and trial and error, and will work with Boys & Girls Club to ensure they arent creating a nuisance. Commissioner Dalton said she is aware of the parking problems at the park, but suggested that the speaker forget any additional parking. Manager McDaniel said the City did consider a new parking lot but it would take up too much park space. However, they are looking at signage and striping to address the problems they are having.

    Tracy Hanson, 1714 Baronet Place, Fullerton Said he has used Adlena Park every Saturday for the last six or seven years, using the basketball court and taking the kids to the park. He asked if the courts would be full-sized with regulation baskets. Manager McDaniel said there would be regulation-sized baskets, but not regulation-sized courts due to community input, so that more people could enjoy, so that one group would not monopolize the space. Mr. Hanson said kids enjoyed the wading pools when there were life guards, noting that three wading pools were being taken away with two semi-water things in place of them. He recommended keeping at least one regular wading pool but was told this wasnt going to happen. Commissioner Dalton said that it wasnt going to happen due to maintenance and staffing issues on tight budgets.

    Rob Britton, 237 No. Adlena, Fullerton Said he lives right across from Adlena Park. He said he understood they were reducing the amount of concrete slab. He said the concrete is not only used as a basketball court, but that a lot of people use it for other purposes. He said he only sees the previous speaker shoot hoops and occasional basketball use. As he had mentioned in a community meeting, Mr. Britton said he would like to see the concrete slab increased rather than decreased and used for something other than basketball, so kids can ride bicycles, rollerblade and play with electric cars, especially since there is no sidewalk.

    Manager McDaniel responded, saying that he gave Mr. Brittons concern a lot of thought, but also noted that the existing concrete will remain with just the addition of two benches and three tree wells. There will also be additional concrete spaces behind the existing space and at the wading pool as well as additional concrete near the baseball diamond. He noted that the water play area wont be on during the winter, so children could use the concrete in that area as well. He also recommended against having an electric toy car, electric scooters or basketball play at the same time; however, he said the users would have to determine how the space will be used.

    Chair Swanson asked what the general community consensus was on the use of the space. Mr. Britton said his experience was that only the one man in the morning shows up and some kids, but no teams. Commissioner Dalton countered that NJB wrote a letter saying they use the court and has up to 500 users. Manager McDaniel agreed, saying that basketball needs court space, and Commissioner Swanson said his daughter plays on NJB, and also agreed they needed space. Mr. Britton said that was probably true but he didnt see it because he gets home late from downtown L.A. He expressed appreciation for the improvements, and asked about the metal rocking horses which arent used; Manager McDaniel agreed staff would definitely look into making improvements, and that this was in his notes. Mr. Britton thanked the commissioners for their time.

    Mike Parrott, 334 King Place, Fullerton Spoke on Adlena Park, saying he wasnt involved in the original planning for the park, but would support the basketball system suggested because hes shown up many mornings with his kids and couldnt play basketball. He also suggested reducing the concrete area and not putting in the sidewalk near the ball field because it could negatively impact Pop Warners play and increase the chance of injury. Manager McDaniel agreed there were problems with the sidewalk at that location so the City would not necessarily make those future plans. Mr. Parrott said he also approved of the new wading pools as well as the fencing at Byerrum Park, especially for kids playing sports.

    Manager McDaniel then stepped in for Manager Felz who had to leave for a Museum Board meeting.

    Dotty Rehnke, 610 W. Ash, Fullerton - Asked about Byerrum Park and if there were permanent restrooms, to which Commissioner Swanson replied no. She said she was concerned that there were no restrooms and believed there should be provisions made for them. Chair Swanson said he knew the costs were astronomical, and asked Manager McDaniel to comment. Manager McDaniel said they did consider a restroom, but at Byerrum there wasnt space, would take away trees and part of a playing field, and it would cost $300,000 to build. Chair Swanson asked if the school allows for restroom use, but Manager McDaniel said no. Ms Rehnke asked why a wading pool wasnt put in Byerrum, and Manager McDaniel said it was a combination of cost and space, saying that the space on which the old wading pool sat was shared with the school, and no one wants the shared liability of a pool, and park bond funds were to be spent on parkland. Commissioner Dalton said restrooms were a real issue, but were a real liability and that many small neighborhood parks have never had restrooms. Ms. Rehnke also asked if the wading pools are being taken out in part due to skateboarders and bikers, but Commissioner Dalton said it was due to high staffing needs at wading pools, plus the pools were in serious disrepair. Manager McDaniel also noted that the wading pools were an open pit that were only used part of the year whereas playgrounds can used year round.

    Jean Howard, 1704 W. Chapman, Fullerton - Said her home backs up to the baseball diamonds at Adlena Park, saying that the beauty of a park lies in the trees and grass, and not in the amount of concrete. She asked how the three parks would be constructed, and Manager McDaniel said they would all be bid and built by one contractor at the same time as a cost-saving measure, subject to interruptions by sports leagues.

    Commissioner Dalton asked if there were net gains or losses of picnic benches and space. Manager McDaniel responded, yes, relatively or even an increase in picnic benches. Commissioner Dalton said, why a water element shouldnt be at Byerrum Park since there has traditionally been a wading pool, and there is both high need and good usage. Manager McDaniel said the water play is only utilized a small part of the year and would be very costly, and that Byerrums was the least-used wading pool, and the choice was either a water feature or a playground because of the tight space. He also said there were no community complaints about losing the wading pool.

    Commissioner Dalton also asked about fencing, and said she would rather have no fence rather than chain link, saying it was ugly, ghetto fencing. Manager McDaniel said there would be no chain link, but wrought iron, and agreed it would be only four feet tall, mostly to stop balls. Commissioner Dalton also asked about how any recently replaced restroom fixtures at the parks would be impacted. Manager McDaniel said Adlenas restroom is only being renovated for ADA accessibility, with minor improvements such as new stalls, security lighting or floors.

    Commissioner Dalton said she was in total agreement with reducing hardscape in the small parks, and absolutely concurred with the speaker who spoke against additional concrete.

    Chair Swanson asked about Byerrum Park, asking where the entrances would be. Manager McDaniel said there is a main entry point at the corner and secondary entry points at the wrought iron fences at periodic intervals on Chapman, to be determined later.

    Commissioner Dalton MADE A MOTION to approve the conceptual plans for the three parks, Spencer SECONDED THE MOTION. Chair Swanson called for the vote.

    AYES: Dalton, Miller, Spencer, Swanson
    NOES: None
    NOT PRESENT: Han, Russell

    The MOTION CARRIED unanimously. Chair Swanson thanked the audience for its participation.

  5. COMMISSION SUBCOMMITTEE FOR LEASES

    Because Manager Felz, who had been acting on Director Molendyks behalf, had to attend another meeting, Manager McDaniel assumed the Directors duties, saying that commissioners Miller and Spencer had already agreed to be on a Commission subcommittee which would review leases managed by the Community Services Department. Commissioner Dalton MADE A MOTION to accept Commissioner Millers and Commissioner Spencers generous offer to represent the commissioners on the Contracts Review Subcommittee, and Chair Swanson SECONDED THE MOTION. Chair Swanson called for the vote.

    AYES: Dalton, Miller, Spencer, Swanson NOES: None NOT PRESENT: Han, Russell

    The MOTION CARRIED unanimously.

    INFORMATION ITEMS (Item 6 - 10)

  6. COMMISSION/COMMITTEE SELECTION PROCESS

    Manager Felz asked Chair Swanson if this item could be addressed after Item 2 in consideration for the City Clerk, Beverley White, since she was here at the request of the Commission. Chair Swanson agreed to the request.

    Manager Felz then introduced City Clerk Beverley White, noting that she would be responding to questions generated from prior meetings. She then asked for questions, and Commissioner Spencer then remarked that the questions came from Commissioner Russell who wasnt there tonight, but that he had wanted the real procedure clarified due to confusion in the message provided by the Assistant to the City Manager at one meeting.

    The City Clerk asked if their concerns were regarding lot drawings, and Chair Swanson said the issue was probably more about the terms, because commissioners Spencer and Russells terms had expired, but that due to the drawing of lots, Commissioner Russell thought he might be able to serve four more years. The City Clerk disagreed, saying that Commissioner Russells term expired 12-31-04 as well as Commissioner Spencers. She said the lot drawings were only done to help us get through this appointment process, i.e., the commissioners would only serve until an appointment or reappointment was made by Council. She noted that Commissioner Spencer had reapplied, and that her Councilmember was Mayor Nelson. Thus, if she were reappointed, or if another commissioner were appointed, that Commission term would continue to the end of Mayor Nelsons term, or December 31, 2008.

    Chair Swanson asked about the at-large terms, which the City Clerk said was a four-year term, that Commissioner Hans term was at-large, so her term would still be 12-31-05. The City Clerk then said clarified the terms for the other commissioners, agreeing that although Commissioner Daltons term would have ended in two years, because she was paired with recently re-elected Councilmember Jones, she would serve through December 31, 2008. Chair Swanson asked that the minutes reflect the term limits, so the City Clerk continued, saying that Chair Swansons term would end December 2006 instead of December 2005 due to Councilmember Bankheads term ending December 2006. He asked if he could continue his term if Councilmember Bankhead was re-elected, and the City Clerk said it would depend on Councilmember Bankhead, but that Chair Swanson would have to re-apply at that time. The City Clerk agreed with Commissioner Miller that all commissioners are subject to immediate dismissal if the Councilmember so chooses. Commissioner Miller asked if, once the lot was drawn, if the Councilmember would have to accept that commissioner, and the City Clerk concurred.

    Commissioner Dalton asked about basic communication, saying she was assuming that the Council member would contact them if they wanted to speak with them. The City Clerk said that was the Councilmembers decision, and that she couldnt answer that question. Commissioner Dalton then asked about dismissing sitting commission members at the pleasure of the Council, noting that the process had changed over the course of time. The City Clerk agreed, saying how the process now stood was that the appointing Councilmember could remove his appointee or his lot-drawing appointee, or it would take a 4/5th vote of the Council. However, she said that unless Council changed the process, an existing commissioner could not be removed before his/her regular term expired. Chair Swanson thanked the City Clerk for attending the meeting.

  7. LANDSCAPE DIVISION MONTHLY REPORT FOR FEBRUARY 2005

    Landscape Superintendent Dan Sereno presented the monthly report for February 2005. He also noted a very successful Arbor Day last Saturday, and thanked Commissioner and President of Fullerton Beautiful, Nancy Spencer, for attending. He said that there were about 100 participants including the Boys and Girls Club, Boy and Girl Scouts, and students from the Braille Institute who were able to do hands-on planting of trees such as giant Sequoias and cypress. Superintendent Sereno also referred to Item 9 on his report, saying that there was a lot of damage on both public and private trails, especially at Euclid and Horse Alley which was the worst theyd ever seen it in 35 years. He said they are starting to do some work including grading. They are also working with the Fullerton Rec Riders and would be attending their next meeting. He also noted an item on the Euclid slide which will be presented at the City Council meeting the next evening.

    Commissioner Dalton thanked Superintendent Sereno for pruning the trees on Raymond. Commissioner Swanson asked about the eucalyptus trees that were taken out in the city of Placentia, asking if there was a disease outbreak. Superintendent Sereno said he was very aware of that problem, saying there was a lerp psyllid infestation there which is attacking eucalyptus trees throughout California. He said there was a lot of public outcry because Placentia doesnt have the same community force management plan and public notification system Fullerton does.

    Commissioner Spencer asked about trees that need to be planted, and how one catches up on planting if 405 trees are removed and only 159 are planted. Superintendent Sereno said the contractor is working very hard to replace the trees with a current list of over 350 trees. However, there are many small, over-planted, and lerp-infested eucalyptus trees that will be taken out without replacing them. He estimated he will make or exceed the 500 tree removal goal, and hoped to make the 700 tree replacement goal. He said the eucalyptus trees will actually thrive more because the area wont be so densely planted. When asked about Laguna Lake, he said he also planned to remove at least 100 trees and replace trees at Laguna Lake, but due to rain delays, the tree plantings wouldnt be counted in this years planting. He said they would replant with at least 24 box sycamores and oaks, hopefully larger, but agreed that the lake would look a little stark for a few years. Chair Swanson thanked Superintendent Sereno for his report.

  8. DIRECTORS UPDATE

    Commissioner Dalton requested that the report on the February 28, 2005 Special Commission Workshop be rescheduled for the next meeting when Director Molendyk would be present as she had been unable to attend the February 2ith meeting and would really like to know what happened. Manager McDaniel said he would so note the request and pass it on to the Director.

  9. REPORT ON CITY COUNCIL AGENDA ITEMS

    Manager McDaniel asked if there were any questions, and noted the St. Jude neighborhood health center agenda item recently presented to City Council as a continuing item.

  10. COMMISSIONER COMMENTS

    Commissioner Spencer congratulated Managers Felz and McDaniel for taking over in the Directors absence, and Events Specialist Mauk for doing her job, and everybody that got up.

    Commissioner Dalton requested that, if a recess is taken during the summer, that it be the August meeting, and Commissioner Miller concurred, both saying they couldnt attend the August meeting. Manager McDaniel said he would pass the information on to Director Molendyk.

    The meeting adjourned at 8:22 p.m.

Respectfully submitted,

______________________________
Ron Molendyk, Secretary

RM:pf

*Written Material Attached

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