CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

AGENDA

REGULAR MEETING

July 17, 2007, 4:00 P.M.

4:00 PM

CALL TO ORDER

ROLL CALL

INVOCATION

MOMENT OF SILENCE for Army Private Shane Stinson and Army Sergeant Shin Woo Kim

PLEDGE OF ALLEGIANCE

PRESENTATIONS

 

(1)               RETIREMENT OF POLICE K-9

 

(2)               ORANGE COUNTY ANIMAL CONTROL

 

(3)               ADOPT-A-PARK SPRING 2007 AWARDS

 

Recommendation by the Parks and Recreation Department:  Present stipends to the Spring 2007 Adopt-A-Park participants.

 

(4)               EMPLOYEE AND MANAGER OF THE YEAR AWARDS

 

(5)               MORELIA JUNIOR AMBASSADORS

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

APPOINTMENTS

 

(1)               APPOINTMENTS TO COMMISSIONS/COMMITTEES

 

Recommendation by the Office of the City Clerk:

 

1.         Citizens' Infrastructure Review Committee - two vacancies

            a.         Councilmember Bankhead direct appointment for a term                                   expiring 12/31/10

            b.         Councilmember Keller direct appointment for a term expiring                            12/31/10

 

2.         Energy and Resource Management Committee - one vacancy

            a.         Mayor Nelson direct appointment for an unexpired term                          ending 12/31/08

 

3.         Redevelopment Design Review Committee - one vacancy

            a.         Mayor Nelson direct appointment for an unexpired term                          ending 12/31/08

 

4.         Redevelopment Project Area No. 2 - two vacancies

            a.         Councilmember Bankhead direct appointment for an                                          unexpired term ending 12/31/10

            b.         Mayor Pro Tem Quirk direct appointment for an unexpired                                 term ending 12/31/08

 

5.         Technology Working Group - one vacancy

            a.         Mayor Pro Tem Quirk direct appointment for an unexpired                                 term ending 12/31/08

 

6.         Ratify direct appointments  

CONSENT CALENDAR (Items 1 through 27)  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 - JUNE 19, 2007 AND JUNE 25, 2007

Recommendation by the Office of the City Clerk:  Approve the June 19, 2007 Regular Meeting Minutes and the June 25, 2007 Special Meeting Minutes.

numbered recommendations

additional information

2.                  ANIMAL CARE SERVICES AGREEMENT

Recommendation by the Community Development Department:  Approve the renewal of the Animal Control Services Agreement with the County of Orange for the 2007-08 fiscal year.

3.                  AMENDMENT TO THE WATER SYSTEM MAIN PLANT PARKING LEASE AGREEMENT

Recommendation by the Engineering Department:  Approve an amendment to the Lease Agreement at the Main Plant to extend the term of the lease, and authorize the Director of Engineering and the City Clerk to execute the Second Amendment of the Lease Agreement between the City of Fullerton and Calvary Chapel Open Door Church.

4.                  MEASURE M FUNDING ELIGIBILITY REQUIREMENTS

Recommendation by the Engineering Department:  Approve the Seven-Year Measure M and Congestion Management Capital Improvement Program.

5.                  AMENDMENT TO THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF FULLERTON

Recommendation by the Human Resources Department:

numbered recommendations

 

(1)               Adopt Resolution No. 9923.

(2)               Have first reading by title only and introduce Ordinance No. 3093.

additional information

RESOLUTION NO. 9923 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF FULLERTON

ORDINANCE NO. 3093 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF FULLERTON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

6.                  AON BROKER SERVICES AGREEMENT RENEWAL

Recommendation by the Human Resources Department:  Authorize the City Manager to sign a Broker Services Agreement with AON Consulting for the period January 1, 2007, through December 31, 2009.

7.                  FINANCIAL STATEMENTS FOR THE PERIOD ENDED MAY 31, 2007

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

8.                  SEWER SYSTEM MANAGEMENT PLAN DEVELOPMENT

Recommendation by the Maintenance Services Department:  Approve the Sewer System Management Development Plan in accordance with the Statewide General Wastewater Discharge Requirement so the plan can be implemented by August 2, 2007.

9.                  SHORT-TERM LEASE FOR A COMMERCIAL OPERATOR AT THE FULLERTON MUNICIPAL AIRPORT

Recommendation by Engineering/Airport:  Approve a short-term lease with Air Combat U.S.A., Inc., ACUSA Maintenance and Air Combat Maintenance, and SkyCoasters LLC, for a period of one (1) year with four (4) automatic one-year  (1-year) extensions, in a form approved by the City Attorney.

10.             GRAND JURY REPORT "ICE IN ORANGE COUNTY"

Recommendation by the Police Department:  Approve the responses to findings and recommendations and authorize the Mayor to forward those responses to the Grand Jury.

11.             2006-2007 GRAND JURY REPORT

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Authorize the Mayor to respond to the Orange County Grand Jury that the City agrees with Finding No. 2 in regards to the concern of noise being generated by warning blasts being sounded at railroad crossings.

(2)               Authorize the Mayor to respond to the Orange County Grand Jury that the City agrees with Finding No. 3 as it pertains to possible funding responsibilities and distribution between the Orange County Transportation Authority and the affected local agencies for noise mitigation.

additional information

12.             2006-07 ORANGE COUNTY GRAND JURY REPORT REGARDING ASSEMBLY BILL 939 WASTE DIVERSION

Recommendation by the Administrative Services Department:

numbered recommendations

 

(1)               Authorize the Mayor to respond to the Orange County Grand Jury that the City agrees with Finding F-6 regarding non-franchised haulers bypassing cities' exclusive franchises with waste haulers; thereby, reducing the waste haulers recycling efforts and compliance with AB 939.

(2)               Authorize the Mayor to respond that the City has not yet implemented Recommendation R-6 by enacting an ordinance banning non-franchised haulers including impoundment procedures and applicable fees and charges.  The ordinance will go before City Council prior to the Grand Jury's progress report scheduled date of March 31, 2008.

additional information

13.             SUMMARY ABANDONMENT VACATING A FORMER ANAHEIM UNION WATER COMPANY EASEMENT

Recommendation by the Engineering Department:  Adopt Resolution of Vacation No. 9929.

RESOLUTION NO. 9929 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, SUMMARY ABANDONMENT VACATING A FORMER ANAHEIM UNION WATER COMPANY EASEMENT FOR CEMENT DITCH PURPOSES OVER A PORTION OF LOTS 5 THROUGH 8 OF THE J.E. ELLIS SUBDIVISION

14.             TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION - SYCAMORE AVENUE

Recommendation by the Engineering Department:  Adopt Resolution No. 9932.

RESOLUTION NO. 9932 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING 1-HOUR PARKING WITHIN THE 500 AND REMAINING PORTION OF THE 600 BLOCK OF SYCAMORE AVENUE

15.             TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION - CAMINO CENTROLOMA

Recommendation by the Engineering Department:  Adopt Resolution No. 9933.

RESOLUTION NO. 9933 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DESIGNATING THE WEST SIDE OF CAMINO CENTROLOMA, ADJACENT TO SUNSET LANE ELEMENTARY SCHOOL, AS A PLACE WHERE VEHICLES ARE PROHIBITED FROM STOPPING DURING DESIGNATED SCHOOL HOURS

16.             TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION - LAGUNA ROAD

Recommendation by the Engineering Department:  Adopt Resolution No. 9931.

RESOLUTION NO. 9931 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DESIGNATING BOTH SIDES OF LAGUNA ROAD BETWEEN VALENCIA MESA DRIVE AND BASTANCHURY ROAD AS A PLACE WHERE VEHICLES ARE PROHIBITED FROM STOPPING

17.             TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION - 445 EAST TRUSLOW AVENUE

Recommendation by the Engineering Department:  Adopt Resolution No. 9930.

RESOLUTION NO. 9930 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON'S PARKING ZONE IN FRONT OF 445 EAST TRUSLOW AVENUE

18.             PLACENTIA - YORBA LINDA UNIFIED SCHOOL DISTRICT AFTER SCHOOL PROGRAM AGREEMENT

Recommendation by the Parks and Recreation Department:  Authorize the Parks and Recreation Director to sign the agreement between the City and the Placentia-Yorba Linda Unified School District to provide after school programming at Topaz Elementary School for the 2007-2008 school year.

19.             AGENCY ASSISTANCE SUPPORTING DOWNTOWN SPECIAL EVENTS AND AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS

Recommendation by the Redevelopment and Economic Development Department:  Approve and authorize release of the Request for Proposals.

20.             PROPOSED COMMERCIAL REHABILITATION LOAN FOR THE BUILDING LOCATED AT 112 WEST COMMONWEALTH AVENUE

Recommendation by the Redevelopment and Economic Development Department:  Approve the commercial rehabilitation loan application and authorize the Executive Director to take all necessary and reasonable actions to finalize loan documents and disburse the loan as provided under the Agency's Commercial Rehabilitation Loan Program.

21.             CONTRACT FOR MAINTENANCE MANAGEMENT SYSTEM

Recommendation by the Maintenance Services Department:  Approve the purchase of a new maintenance management and service request system from Carte-Graph Systems, Inc. and authorize the Director of Maintenance Services to sign a contract for purchase and installation of the new system.

22.             2007-2008 COUNTY OF ORANGE OFFICE ON AGING AGREEMENT

Recommendation by the Parks and Recreation Department:

numbered recommendations

 

(1)               Approve and authorize the Director of Parks and Recreation to sign the agreement with the County of Orange Office on Aging for fiscal year 2007-2008 for the amount of $68,282.

(2)               Approve an $862 budget increase in 2007-2008 from the Office on Aging Grant.

(3)               Authorize the Director of Parks and Recreation to sign any amendments to the agreement for increased funding for fiscal year 2007-2008.

additional information

23.             520 SOUTH COURTNEY AVENUE - RESCIND DISABLED PERSON'S PARKING

Recommendation by the Engineering Department:  Adopt Resolution No. 9934.

RESOLUTION NO. 9934 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING AN EXISTING RESOLUTION AUTHORIZING THE INSTALLATION OF A DISABLED PERSON'S PARKING ZONE IN FRONT OF 520 SOUTH COURTNEY AVENUE

numbered recommendations

additional information

24.             USE OF ASSET SEIZURE FUNDS

Recommendation by the Police Department:  Approve the use of asset seizure funds for the purchase of flashlights, a handcuffing bench, and blood drying equipment.

25.             SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)

Recommendation by the Police Department:  Approve the Police Department's expenditure plan for fiscal year 2006-2007 and the acceptance of State of California SLESF funding in the amount of $265,000.

26.             ALARM PERMIT REVISION

Recommendation by the Police Department:  Adopt Ordinance No. 3095.

ORDINANCE NO. 3095 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REPEALING CHAPTER 3.51.020(C) OF THE FULLERTON MUNICIPAL CODE REGARDING BURGLARY AND ROBBERY ALARM SYSTEMS

27.             CONTINUATION OF THE PUBLIC ALLEY CLOSURE AT FIRE STATION NO. 1

Recommendation by the Engineering Department:  Continue the public alley closure at Fire Station No. 1 to the August 7, 2007 City Council/Redevelopment Agency meeting.

PUBLIC HEARINGS (Items 28 through29)  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.

28.             PROPOSED WATER RATE INCREASE

Staff is requesting conducting a public hearing and receive comments on a proposed 1.6% water rate increase.  The rate increase is related to water supply "pass-through" costs, which per the Water Utilities Rules, Rates and Regulations do not require City Council action to implement.

Recommendation by the Engineering Department:

Implement the "pass-through" adjustment, which will increase water rates by $0.035 per 1000 gallons on all rate schedules effective on August 1, 2007.

29.             RICHMAN/VALENCIA/WEST HOUSING PROJECT - PHASE II RELOCATION ASSISTANCE PLAN

Staff is requesting consideration of a resolution approving the Relocation Assistance Plan for the Richman/Valencia/West Housing Project - Phase II.  This project will include the demolition of nine four-unit apartment buildings and the proposed construction of affordable housing known as the Richman/Valencia/West project.

Recommendation by the Community Development Department:

Adopt Resolution No. RDA 435, approving the Relocation Assistance Plan, and appropriate $869,000 from the Low/Mod Income Housing fund to pay estimated relocation costs.

RESOLUTION NO. RDA 435 - A RESOLUTION OF THE FULLERTON REDEVELOPMENT AGENCY OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A RELOCATION PLAN FOR DISPLACEMENT OF THIRTY-FIVE RESIDENTIAL HOUSEHOLDS IN THE RICHMAN/VALENCIA/WEST HOUSING PROJECT (PHASE II) TO FACILITATE THE DEVELOPMENT OF AFFORDABLE HOUSING

REGULAR BUSINESS (Items 30 through 32)

30.             URGENCY ORDINANCE - EXTENSION AND MODIFICATION OF MORATORIUM ON THE APPROVAL OF PERMITS FOR BUSINESSES WITH ON-SITE LIQUOR CONSUMPTION IN THE RESTAURANT OVERLAY DISTRICT

On June 5, 2007, the City Council approved a 45-day Interim Urgency Ordinance suspending the granting of various alcohol and related occupancy intensification and entertainment permits in the Restaurant Overlay District.  The purpose of this item is to request an extension of the moratorium for a six (6) month period and to modify the moratorium.

Recommendation by the Community Development Department:

Have first reading by title only, introduce and adopt Ordinance No. 3096.

ORDINANCE NO. 3096 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, EXTENDING AND MODIFYING A MORATORIUM ON THE APPROVAL OF ANY PERMITS FOR BUSINESSES WITH ON-SITE LIQUOR CONSUMPTION IN THE RESTAURANT OVERLAY DISTRICT OF THE CITY OF FULLERTON

31.             TAXICAB ORDINANCE REVISION

The Police Department is seeking to recognize OCTAP as the authorized agency to administer the taxicab permit system.  This will eliminate a redundant process where the taxicab operators have to be permitted through OCTAP, as well as the City of Fullerton.  There will be a negligible loss of revenue but the reduction of staff time usage will be a benefit to the City.  Currently, officers in the field must return to the police facility in order to conduct inspections and issue permits.

Recommendation by the Police Department:

Have first reading by title only and introduce Ordinance No. 3094.

ORDINANCE NO. 3094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REPEALING SECTION 3.44.030 AND AMENDING SECTIONS 3.44.040, 3.44.050, AND 3.44.060 PERTAINING TO TAXICAB PERMITS

32.             COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO RECEIVE "GO LOCAL" PROGRAM FUNDING

The City Council is asked to consider entering into a cooperative agreement with OCTA that would provide $100,000 in funding to the City of Fullerton for transportation planning purposes.  This $100,000 grant is Phase 1 of OCTA's "Go Local" grant program, which is supported by Measure M sales tax revenues. 

Recommendation by the Community Development Department:

Approve the cooperative agreement with OCTA, to receive $100,000 in transportation planning funds.

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

Anticipated Litigation

1.                  CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Per Government Code Section 54956.9(b).  Number of Cases:  One

Existing Litigation

2.                  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Per Government Code Section 54956.9(a)

Name of Case:

Fullerton Redevelopment Agency, et al. v. Southern California Gas Company.  Case Number OCSC Case No. 05CC12342

 

Public Employee Performance Evaluation

Labor Negotiator

Public Employment -

AGENDA FORECAST

 

AUGUST 7, 2007

 

  • Public Hearing - Water Quality Report
  • Report on Glenhaven Alley

·        Contract Award – Slurry Seal FY 07/08   

  • Closed Session – Property Negotiations - Fox Block
  • Closed Session – Property Negotiations - Habitat for Humanity
  • Appointments – CDCC (DB); Ratify Adam O’Connor, Fullerton College, on PAC 2
  • Designate Voting Delegates/Alternates to League of Cities Annual Conference
  • Changes to Personnel Management System
  • SOCO Walk – Undergrounding of Electrical Lines
  • Closure of Public Alley at Fire Station #1
  • Project Path – Dangers of Underage Drinking

 

AUGUST 21, 2007 - Cancelled

ADJOURNMENT - The next regular City Council/Redevelopment Agency meeting

will be held on July 17, 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

July 17, 2007, 7:30 P.M.

 

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

 

(1)               RESOLUTION

 

·        Barbershop Harmony Month

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

PUBLIC HEARINGS (Item 33)  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.

33.             PRJ05-00433/LRP05-00006 PRESERVATION OVERLAY REZONE OF THE 300 AND 400 BLOCKS OF WEST BROOKDALE PLACE

An application was filed by residents of the 300 and 400 blocks of West Brookdale Place requesting that their properties be rezoned to include a preservation overlay designation.  The 300 and 400 blocks of West Brookdale Place are identified in the City's adopted historic building survey as "Brookdale Heights", a development that was a focal point of residential construction in Fullerton from 1926 to 1928.

Recommendation by the Community Development Department:

Have first reading by title only and introduce Ordinance No. 3091, approving Zone Amendment LRP05-00006, changing the zone classification for the 47 properties on the 300 and 400 blocks of West Brookdale Place from the R-1-7,200 to R-1-7,200(P).

ORDINANCE NO. 3091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CHANGING THE ZONE CLASSIFICATION FROM "R-1-7.2" TO "R-1-7.2P" ON PROPERTIES LOCATED IN THE 300 AND 400 BLOCKS OF WEST BROOKDALE PLACE, BETWEEN RICHMAN AVENUE AND HIGHLAND AVENUE, INCLUDING 613 AND 617 NORTH RICHMAN AVENUE

numbered recommendations

additional information

REGULAR BUSINESS - None

ADJOURNMENT – The City Council/Redevelopment Agency has scheduled a special meeting on July 18, 2007, at 12:00 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California; and the next regular City Council/Redevelopment Agency meeting will be held on August 7, 2007, at 4:00 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.

 

 

A tape of today’s Council/Redevelopment Agency meeting will be rebroadcast on Time Warner Cable Channel 3 at 6:00 p.m. the Wednesday and Sunday immediately following the meeting, and at 5:00 p.m. the Monday immediately following the meeting.