CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

AGENDA

REGULAR MEETING

August 7, 2007, 4:00 P.M.

4:00 PM

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS

 

(1)               47TH CONGRESSIONAL DISTRICT UPDATE - CONGRESSWOMAN LORETTA SANCHEZ

(2)               RESOLUTION OF RECOGNITION - DON BANKHEAD

(3)               RECOGNITION OF FAST SWIMMERS AND FAST ACCOMPLISHMENTS

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

APPOINTMENTS

 

(1)               RATIFICATION OF FULLERTON COLLEGE REPRESENTATIVE TO PROJECT AREA COMMITTEE NO. 2

 

Recommendation by the Office of the City Clerk: 

 

Ratify Adam O'Connor to Project Area Committee No. 2, as the Fullerton College representative, for an unexpired term ending 12/31/09.

CONSENT CALENDAR (Items 1 through 11)  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 - JULY 17, 2007 AND JULY 18, 2007

Recommendation by the Office of the City Clerk: Approve the July 17, 2007 City Council/Redevelopment Agency Regular Meeting and July 18, 2007 City Council/Redevelopment Agency Special Meeting Minutes.

2.                  SLURRY SEAL F.Y. 2007-08

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Approve the specification for the Slurry Seal F.Y. 2007-08 project.

(2)               Award the construction contract for the Slurry Seal F.Y. 2007-08 project to Pavement Coating Company, in the amount of $255,799.85.

additional information

3.                  PERSONNEL MANAGEMENT SYSTEM CHANGES

Recommendation by the Human Resources Department:

numbered recommendations

 

(1)               Adopt Resolution No. 9940.

(2)               Authorize staff to make necessary corresponding detail changes to appropriate accounts in the FY 2007-09 budget.

additional information

RESOLUTION NO. 9940 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING APPENDICES A AND B OF RESOLUTION 9906 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION); APPENDICES A OF RESOLUTION 9845 (FULLERTON MANAGEMENT ASSOCIATION) AND RESOLUTION 9173 (NONREGULAR EMPLOYEES HOURLY PAY RATES); AND ADOPTING AND DELETING CERTAIN CLASS SPECIFICATIONS

4.                  RESOLUTION TO REDUCE UNDERAGE ALCOHOL USE BY DECREASING THE SOCIAL AVAILABILITY OF ALCOHOLIC BEVERAGES IN FULLERTON

Recommendation by the Police Department: Adopt Resolution No. 9939.

RESOLUTION NO. 9939 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO REDUCE UNDERAGE ALCOHOL USE BY DECREASING THE SOCIAL AVAILABILITY OF ALCOHOLIC BEVERAGES IN FULLERTON

5.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3093, AMENDMENT TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT

Recommendation by the Office of the City Clerk: Have second reading by title only and adopt Ordinance No. 3093.

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.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3095, ALARM PERMIT REVISION

Recommendation of the Office of the City Clerk: Have second reading by title only and 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

7.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3094, REVISING TAXICAB PERMITS

Recommendation by the Office of the City Clerk: Have second reading by title only and adopt 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

8.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3091, PRESERVATION OVERLAY REZONE OF THE 300 AND 400 BLOCKS OF WEST BROOKDALE

Recommendation by the Office of the City Clerk:  Have second reading by title only and adopt Ordinance No. 3091:

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 HIGHLAND AVENUE

9.                  ACCEPTANCE OF A DONATION TO THE POLICE DEPARTMENT

Recommendation by the Police Department: Accept the donation on behalf of the Fullerton Police Department K-9 Program.

10.             2000/2002 PARK BOND IMPROVEMENTS (ADLENA, BYERRUM AND VALENCIA PARKS)

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Approve the plans and specification for the 2000/2002 Park Bond Improvements project at Adlena, Byerrum and Valencia Parks.

(2)               Approve a budget transfer, in the amount of $543,000, from the Park Dwelling Fund Balance to Project No. 5487, 2000 Park Bond Improvement project.

(3)               Award the contract, in the amount of $2,410,013.02 for the 2000/2002 Park Bond Improvement project at Adlena, Byerrum and Valencia Parks to Fleming Environmental, Inc. of Buena Park.

(4)               Authorize staff to return all the Confidential Financial Statements to the appropriate bidders.

additional information

11.             RENEWAL OF LICENSE FOR USE OF REAL PROPERTY WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Recommendation by the Engineering Department:

Approve the license agreement with the National Oceanic and Atmospheric Administration for a period of fifteen (15) years commencing October 1, 2007 and authorize the City Manager or his designated representative to sign the agreement.

PUBLIC HEARINGS (Items 12 through 13)  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.

12.             WATER QUALITY REPORT ON PUBLIC HEALTH GOALS AND MAXIMUM CONTAMINANT LEVEL GOALS

Staff is requesting conducting a public hearing to receive public comments on the "2007 Report on the City's water quality relative to Public Health Goals and Maximum Contaminant Level Goals".

Recommendation by the Engineering Department:

Receive and file the City of Fullerton's "2007 Report on the City's water quality relative to Public Health Goals and Maximum Contaminant Level Goals."

13.             PRJ07-00329/ZON07-00068  310 N. HARBOR BOULEVARD

Council is requested to review a Major Development Project, as required under Ordinance 3096, to operate a restaurant greater than 1,500 sq. ft. in gross floor area with a Type 41 (Beer & Wine) ABC License.

Recommendation by the Community Development Department:

Adopt Resolution No. 9937, approving Major Development Project PRJ07-00329/ZON07-00068, as conditioned.

RESOLUTION NO. 9937 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON APPROVING A MAJOR DEVELOPMENT PROJECT, AS REQUIRED UNDER ORDINANCE 3096, TO OPERATE A RESTAURANT GREATER THAN 1,500 SQUARE FEET IN GROSS FLOOR AREA WITH A TYPE 41 (BEER AND WINE) ABC LICENSE ON PROPERTY LOCATED AT 310 NORTH HARBOR BOULEVARD

REGULAR BUSINESS (Items 14 through 17)

14.             PUBLIC ALLEY CLOSURE AT FIRE STATION NO. 1

This action will result in the closure of a portion of a public alley behind Fire Station No. 1 at 312 E. Commonwealth Avenue.  This item was continued from Council's June 19, 2007 meeting. 

Recommended by the Engineering Department:

Adopt Resolution No. 9924 restricting vehicular and pedestrian traffic through an approximately 100-foot long segment of the 600-foot long public alley located within the Fire Station No. 1 site.

RESOLUTION NO. 9924 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESTRICTING VEHICULAR AND PEDESTRIAN TRAFFIC THROUGH THE 100-FOOT SEGMENT OF THE 600-FOOT LONG EAST/WEST ALLEY LOCATED SOUTH OF COMMONWEALTH AVENUE BETWEEN LEMON AND LAWRENCE AVENUES

15.             DESIGNATION OF VOTING REPRESENTATIVE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE

The League of California Cities requests that the City Council designate a voting representative, and up to two alternates if desired, prior to the annual conference which will be held September 5-8, 2007.

Recommendation by the Office of the City Clerk:

Designate a voting representative and one or two alternates.

16.             DESIGNATION OF PROPOSED SURVEY AREA BOUNDARIES FOR A PROPOSED AMENDMENT TO THE FULLERTON MERGED REDEVELOPMENT PROJECT AREA

This item is to consider adoption of a resolution designating a redevelopment survey area (the "Survey Area") for the purpose of evaluating property within the Survey Area for inclusion in a proposed amendment (the "Amendment") to the Fullerton Merged Redevelopment Project Area (the "Merged Project" or "Merged Project Area").  The proposed Amendment would add additional territory (the "Added Territory") to the Merged Project Area.

Recommendation by the Redevelopment and Economic Development Department:

Adopt Resolution No. 9938, designating a redevelopment survey area and direct the Planning Commission to work with staff to select proposed Added Territory from within the Survey Area and formulate a preliminary redevelopment plan for consideration by the Redevelopment Agency.

RESOLUTION NO. 9938 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON DESIGNATING REDEVELOPMENT SURVEY AREA BOUNDARIES FOR STUDY PURPOSES FOR THE FULLERTON MERGED PROJECT AREA

17.             OCWD EXTRACTION WELL SITE AGREEMENT LOCATION NO. 1: INDEPENDENCE PARK; 801 WEST VALENCIA DRIVE; LOCATION NO. 2: UNION PACIFIC PARK; 121 WEST TRUSLOW AVENUE

As part of its North Basin Groundwater Protection Project the Orange County Water District (OCWD) is seeking to construct water extraction wells at Independence and Union Pacific Parks.

Recommendation by the Engineering Department:

Approve the proposed locations of OCWD extraction wells and authorize the Director of Engineering to execute the necessary documents and agreements, in a form approved by the City Attorney.

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

Existing Litigation

1.                  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; OCSC Case No. 05CC12342

 

Real Property

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

Property:

119 E. Chapman Avenue and City-owned Property Lying Between East Chapman Avenue and Ellis Place and Between Harbor Boulevard and Pomona Avenue, Fullerton, California

Agency Negotiator:

Rob Zur Schmiede, Director of Redevelopment & Economic Development

Negotiating Parties:

Chris Meyer, City of Fullerton, and Jon Wagner, Fullerton Historic Theatre Foundation

Under Negotiations:

Price and terms

 

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

Property:

418, 424, 430, 436, 442, 448, 454, 460, 466 West Avenue, 525, 531 S. Ford Avenue, 524, 530 S. Richman

Agency Negotiator:

Rob Zur Schmiede, Director of Redevelopment and Economic Development

Negotiating Parties:

Ryan Aeh, Olson Company

Under Negotiations:

Price and terms

 

Anticipated Litigation

Public Employee Performance Evaluation

Labor Negotiator

Public Employment -

AGENDA FORECAST

 

SEPTEMBER 4, 2007

 

  • Closed Session – Public Employee Performance Evaluation – Executive Managers/City Manager
  • Financial Statements of 6/30/07
  • Capital Projects Expenditure Report of 6/30/07
  • Downtown Special Events Funding Distribution
  • Fox Block 
  • Contract Award – Sewer Upgrade 06/07, Phase 2
  • Fullerton Golf Course Fee Changes
  • Presentation - Recognition – Sylvia Mendez and Sandra Robie
  • Presentation – Fullerton Rangers Soccer Club

·        Closed Session - Property Negotiations – Habitat for Humanity

·        SOCO Walk – Undergrounding of Electrical Lines

·        Second Amendment to ENA with JMI/Morgan

·        Certification of Mitigated Neg Dec – Bastanchury Rd Widening

·        Closed Session – Existing Litigation

·        Closed Session – Property Negotiations – Amerige Heights Community Center

·        Glenhaven Alley Report

 

SEPTEMBER 18, 2007

 

  • Public Hearing – Habitat for Humanity – 2nd Amendment to DDA
  • Presentation - OCTA

ADJOURNMENT - The next regular City Council/Redevelopment Agency meeting

will be held on August 7, 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

August 7, 2007, 7:30 P.M.

 

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

 

(1)               VERONA SLOPE

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

PUBLIC HEARINGS - None

REGULAR BUSINESS - None

ADJOURNMENT - The August 21, 2007, 4:00 p.m. and 7:30 p.m. City Council/Redevelopment Agency meetings have been cancelled. The next regular City Council/Redevelopment Agency meeting will be held on September 4, 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.