CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

AGENDA

REGULAR MEETING

January 16, 2007, 4:00 P.M.

4:00 PM

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS

 

(1)               CERTIFICATES

 

·        Barbara Bambrook, Former Community Development Citizens' Committee Member

·        Denis Kuemerle, Former Bicycle Users Sub-Committee Member

·        Retired Senior Volunteer Program Recognition

 

(2)               SERVICE PLAQUE

 

·        Eiichi Kobayashi, Former Underground Utilities Commission Member

·        Virginia "Ginger" Britt, Former Library Board Member

 

(3)               SERVICE PIN

 

·        Dennis Hittle, 40 years

 

(4)               2007 MISS FULLERTON AND MISS FULLERTON TEEN CONTESTANTS

 

(5)               PROCLAMATION

 

·        American Heart Month – February

 

(6)               ACCEPT DONATIONS

 

The Police Department has received donations from various entities throughout the city.  In support of the Police K-9 Program, the Goetzka family has donated $15,000 to purchase and train a new K-9; and the Fullerton Police Athletic League, Fullerton Police Officers' Association, and the Yokohama Tire Corporation have donated funds to purchase an industrial ice machine at the Police facility. 

 

Recommendation by the Police Department:  Accept the donations.

PUBLIC COMMENTS - Public comments will be allowed on matters not appearing on the agenda, but within Council/Redevelopment Agency's jurisdiction.

APPOINTMENTS

 

(1)               GENERAL PLAN ADVISORY COMMITTEE (GPAC) SELECTION

 

On November 21, 2006, the City Council approved criteria for the selection of members to serve on the GPAC, an ad hoc advisory committee for the upcoming General Plan update.  The GPAC will act as an advisory board to the City and the General Plan consultant.

 

Recommendation by the Community Development Department:  Each councilmember appoint three (3) members to serve on the General Plan Advisory Committee (GPAC).

CONSENT CALENDAR (Items 1 through 10)  All matters listed under Consent Calendar are considered routine and will be enacted by one motion.  There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council, staff, or public request specific items be discussed and/or removed from the Consent Calendar for separate action.

1.                  MINUTES - DECEMBER 19, 2006

Recommendation by the Office of the City Clerk:  Approve the December 19, 2006 City Council/Redevelopment Agency Regular Meeting Minutes.

2.                  INTERNET ELIGIBILITY ACCESS AGREEMENT

Recommendation by the Office of the City Clerk:  Authorize the City Manager to execute an Internet Eligibility Access Agreement endorsement for the Blue Cross Group Benefit Agreement and to sign renewal agreements or amendments for the coverage described as needed.

3.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3081, AMENDING TITLE 15 OF THE FULLERTON MUNICIPAL CODE - DEFINITION FOR MEDICAL MARIJUANA DISPENSARIES

Recommendation by the Office of the City Clerk:  have second reading by title only and adopt Ordinance No. 3081.

ORDINANCE NO. 3081 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 15 OF THE FULLERTON MUNICIPAL CODE TO ADD A DEFINITION FOR MEDICAL MARIJUANA DISPENSARIES

4.                  BASTANCHURY ROAD RECONSTRUCTION - MALVERN AVENUE TO PARKS ROAD

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Approve plans and specifications for the Bastanchury Road Reconstruction project from Malvern Avenue to Parks Road.

(2)               Approve a budget transfer to the Bastanchury Road Reconstruction project, in the amount of $279,000 from AB 438 fund balance.

(3)               Award the contract for the Bastanchury Road Reconstruction project from Malvern Avenue to Parks Road to R.J. Noble Company in the amount of $1,871,270.50.

additional information

5.                  CONTRACT RENEWAL FOR RED-LIGHT PHOTO ENFORCEMENT

Recommendation by the Police Department:  Approve the third addendum to the contract with Nestor Traffic Systems for the continued operation of the Red Light Photo Enforcement Program.

numbered recommendations

additional information

6.                  VEHICLE AND EQUIPMENT PURCHASES

Recommendation by the Maintenance Services Department:  Appropriate and approve a budget transfer and authorize the purchase of vehicles and auxiliary equipment.

7.                  GRANT DESIGNATED LEVEL ONE STATUS TO QUALIFIED RESERVE POLICE OFFICERS

Recommendation by the Police Department:  Adopt Resolution No. 9878, granting the designated level one reserve status to the Fullerton Police Department.

RESOLUTION NO. 9878 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO ADOPT AND GRANT DESIGNATED LEVEL ONE RESERVE STATUS TO THE QUALIFIED MEMBERS OF THE FULLERTON POLICE DEPARTMENT RESERVE POLICE OFFICER UNIT AS PER CALIFORNIA PENAL CODE SECTIONS 830.6(a)(2), 832.6(a)(1) AND 832.6(b)

8.                  FINANCIAL STATEMENTS FOR THE PERIOD ENDED NOVEMBER 30, 2006

Recommendation by Administrative Services Department/Fiscal Services Division:  Receive and file subject report.

9.                  STATE COLLEGE GRADE SEPARATION

Recommendation by the Engineering Department:  Approve a contract extension to Arcadis G&M, Inc., Fullerton, to complete the design and obtain environmental clearance to July 15, 2007.

10.             USE OF ASSET SEIZURE FUNDS

Recommendation by the Police Department:  Approve the use of asset seizure funds for the purchase of less-lethal weapons, Ruger mini-14 rifles, and funding for 4 new unmarked vehicles.

PUBLIC HEARINGS (Items 11 through 12)  Pursuant to California Government Code Section 65009, if you challenge the decision of the City Council/Redevelopment Agency in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing.

11.             MEDICAL MARIJUANA DISPENSARIES (PRJ06-00362, LRP06-00011)

On December 5, 2006, the City Council adopted Interim Urgency Ordinance No. 3083, which created a 45-day moratorium on the establishment of medical marijuana dispensaries within the city of Fullerton.  Council directed staff to work with the Planning Commission to consider regulations that might be appropriate if medical marijuana dispensaries were allowed in the city.  California law allows Council to extend a moratorium for an additional ten (10) month and fifteen (15) day period.  The extension would allow staff time to complete an analysis of potential code amendments that could permit medical marijuana dispensaries while protecting the public health, safety and welfare.

Recommendation by the Community Development Department:

Adopt Interim Urgency Ordinance No. 3084, by a four/fifths (4/5) vote, extending the moratorium on medical marijuana dispensaries by ten (10) months and fifteen (15) days.

INTERIM URGENCY ORDINANCE NO. 3084 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, EXTENDING ORDINANCE NO. 3083 PLACING A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF FULLERTON FOR A PERIOD OF 10 MONTHS AND 15 DAYS PENDING THE COMPLETION OF A STUDY OF ZONING REGULATIONS, THAT ARE NEEDED FOR THE PROTECTION OF THE PUBLIC PEACE, HEALTH, SAFETY, AND WELFARE

12.             ABANDONMENT AB 06-03 (PRJ04-00919) - PROVIDENCE CENTER

Staff is requesting abandonment of public service easements over private streets Sunnycrest Drive, Laguna Drive, and a private alley; and drainage and sewer easements located on property at 300 Bastanchury Road, 1933-1983 Sunnycrest Drive, and 1934 Sunnycrest Drive (Providence Center).

Recommendation by the Engineering Department:

Adopt Resolution No. 9879, vacating and abandoning public service easements.

RESOLUTION NO. 9879 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, FOR THE VACATING AND ABANDONING PUBLIC SERVICE EASEMENTS OVER PRIVATE STREETS SUNNYCREST DRIVE AND LAGUNA DRIVE, A PRIVATE ALLEY, AND DRAINAGE AND SEWER EASEMENTS LOCATED ON PROPERTY AT 300 BASTANCHURY ROAD, 1933-1983 SUNNYCREST DRIVE AND 1934 SUNNYCREST DRIVE (PROVIDENCE CENTER)

REGULAR BUSINESS (Items 13 through 15)

13.             MODIFICATION OF COMMISSION/COMMITTEE APPOINTMENT PROCESS

The Commission/Committee Applicant Review Board is requesting modification of the City Council appointment process in filling vacancies on City of Fullerton Commissions and Committees.

Recommendation by the Commission/Committee Applicant Review Board:

numbered recommendations

 

(1)               Disband the Commission/Committee Applicant Review Board.

(2)               Reduce the number of members on most Commission/Committees to five (5) Council direct appointment positions.

(3)               Phase out at-large appointments to the following Commissions/Committees as the terms of the current serving at-large appointees expire from this point forward:  Bicycle Users Sub-Committee, Citizens' Infrastructure Review Committee, Community Development Citizens' Committee, Energy and Resource Management Committee, Parks and Recreation Commission, Planning Commission, Redevelopment Project Area Committee No. 2, Technology Working Group, and Transportation and Circulation Commission.

(4)               Continue requirement that interested individuals wishing to serve on Commissions/Committees submit applications to the City Clerk's Office, with councilmembers conducting interviews at their discretion.

(5)               Direct staff to draft the necessary ordinances modifying the Fullerton Municipal Code in order to enact these changes.

additional information

14.             CONTRACT/IN-HOUSE MEDIAN MAINTENANCE

Staff is requesting City Council approval to return median island maintenance in-house from contract provided service.

Recommendation by the Maintenance Services Department:

numbered recommendations

 

(1)               Appropriate and transfer $120,560 from the Sanitation Fund balance to the Landscape Division to fund the needed positions and equipment purchases.

(2)               Appropriate and transfer $65,000 from the Equipment Replacement Fund to the Equipment Replacement program to purchase two crew trucks.

(3)               Transfer $148,700 from the Landscape Division's General Fund budget to the General Fund balance, reflecting the savings from the terminated contract.

(4)               Authorize the filling of six full time equivalent positions (one Senior Maintenance Worker 1, and five Maintenance Workers).

additional information

15.             REMOVAL OF TRANSPORTATION AND CIRCULATION COMMISSION MEMBER

Mayor Nelson requested this item be placed on the agenda.

Recommendation by the Office of the City Clerk: 

Pleasure of the City Council.

COUNCIL/REDEVELOPMENT AGENCY/STAFF COMMUNICATIONS: (Council may ask a question for clarification, make a brief announcement, make a brief report on his own activities, request staff to report back at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.)

RECESS to Closed Session

CLOSED SESSION

Real Property

1.                  CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8

Property:

418 W. Valencia Drive, Fullerton, CA

Agency Negotiator:

Robert Zur Schmiede, Director of Redevelopment and Economic Development

Negotiating Parties:

Tara DiGiovanni

Under Negotiations:

Price and terms

 

2.                  CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8

Property:

North and South Side of the 100 Block of West Amerige, Fullerton, CA

Agency Negotiator:

Robert Zur Schmiede, Director of Redevelopment and Economic Development

Negotiating Parties:

Richard Hamm, Pelican/Laing Fullerton, LLC

Under Negotiations:

Price and terms

 

Anticipated Litigation

Existing Litigation

Public Employee Performance Evaluation

Labor Negotiator

Public Employment -

CLOSED SESSION REPORT

AGENDA FORECAST

 

FEBRUARY 6, 2007

 

  • Advisory Body Representation
  • Fullerton School District Agree - After School Programs
  • Commission/Committee Appointment Process
  • Pending Litigation
  • Request for Asset Seizure Funds for Youth Programs

 

FEBRUARY 20, 2007 – NO ITEMS SCHEDULED AS OF 1/11/07

ADJOURNMENT – The January 16, 2007, 7:30 p.m. City Council/Redevelopment Agency meeting has been cancelled.  The next regular City Council/Redevelopment Agency meeting will be held on January 16, 2007 at 7:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.

7:30 PM


 

CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

AGENDA

REGULAR MEETING

January 16, 2007, 7:30 P.M.

CANCELLED