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CITY
OF CITY
COUNCIL/REDEVELOPMENT AGENCY AGENDA CLOSED SESSION MEETING November 6, 2007, 5:00 P.M. |
5:00 PM
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS - Public comments will be allowed on matters
appearing on the Closed Session agenda.
RECESS to Closed Session
CLOSED SESSION
Real Property
1.
CONFERENCE
WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
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Property: |
102,110,130,242,300,328,332,340, |
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Agency
Negotiator: |
Rob Zur Schmiede, Director of Redevelopment and Economic Development
Department |
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Negotiating
Parties: |
John Kratzer, JMI, Inc. |
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Under
Negotiations: |
Price and terms |
Anticipated
Litigation
Existing
Litigation
2.
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION - Per Government Code Section
54956.9(a)
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Name of Case: |
Diane Daugherty v. City of |
Public
Employee Performance Evaluation
Labor
Negotiator
Public
Employment -
ADJOURNMENT - The next regular City
Council/Redevelopment Agency meeting
will be held on
November 6, 2007, at 6:30 p.m., in the Council Chamber,
6:30 PM
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CITY OF CITY COUNCIL/REDEVELOPMENT
AGENCY AGENDA REGULAR MEETING November 6, 2007, 6:30
P.M. |
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
(1)
PROCLAMATIONS
·
Adoption
Awareness Month - November
·
World
Diabetes Day - November 14, 2007
PUBLIC COMMENTS - Public comments will be allowed on matters
not appearing on the agenda, but within Council/Redevelopment Agency's
jurisdiction.
APPOINTMENTS - None
CONSENT CALENDAR (Items 1 through 5) 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.
Recommendation by the Office of the City Clerk: Approve the October 16, 2007 City
Council/Redevelopment Agency Meeting Minutes.
2.
PERSONNEL
MANAGEMENT SYSTEM CHANGES
Recommendation by the Human Resources Department:
numbered
recommendations
(1)
Adopt
Resolution No. 9972.
(2)
Authorize
staff to make necessary corresponding detail changes to appropriate accounts in
the FY 2007-2008 budget.
additional
information
RESOLUTION NO. 9972 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING APPENDICES A OF
RESOLUTIONS 9847 (CONFIDENTIAL UNIT), 9906 (FULLERTON MUNICIPAL EMPLOYEES
FEDERATION) AND 8703 (DESIGNATED CITY OF FULLERTON EMPLOYEES REQUIRED TO FILE
CONFLICT OF INTEREST DISCLOSURE STATEMENTS) AND ADOPTING AND DELETING CERTAIN
CLASS SPECIFICATIONS
3.
TRANSPORTATION
AND CIRCULATION COMMISSION RECOMMENDATION - POMONA AVENUE
Recommendation by the Engineering Department: Adopt Resolution No. 9970.
RESOLUTION NO. 9970 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, DESIGNATING THE EAST SIDE OF POMONA AVENUE FROM 160-FEET
TO 1,050-FEET NORTH OF CHAPMAN AVENUE, AS A LOCATION WHERE VEHICLES ARE
PROHIBITED FROM PARKING BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. AND 1:00
P.M. TO 3:00 P.M., NON-SCHOOL DAYS EXEMPT; AND THAT THE EAST SIDE OF POMONA
AVENUE FROM CHAPMAN AVENUE TO 160-FEET NORTH OF CHAPMAN AVENUE, BE DESIGNATED
AS A LOCATION WHERE VEHICLES ARE PROHIBITED FROM STOPPING AT ANYTIME
numbered
recommendations
additional
information
Recommendation by the Engineering Department: Adopt Resolution No. 9971.
RESOLUTION NO. 9971 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PUBLIC HEARINGS (Items 5 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.
5.
AIRPORT
FEES
Staff is requesting approval to amend certain Airport fees on the Master
Fee Resolution.
Recommendation by Engineering/Airport:
Adopt Resolution No. 9974.
RESOLUTION NO. 9974 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, AMENDING THE ENGINEERING DEPARTMENT FULLERTON MUNICIPAL
AIRPORT SECTION OF MASTER FEE RESOLUTION NO. 9919 BY REVISION TO EXISTING FEES
AND COMMERCIAL OPERATORS RENT
Staff is requesting Agency consideration of a second amendment to the
Disposition and Development Agreement by and between the Fullerton
Redevelopment Agency and Habitat for Humanity of Orange County, Inc. to permit
construction of an affordable housing project at
Recommendation by the Redevelopment and Economic Development Department:
Approve Amendment No. 2
7.
RED-LIGHT
PHOTO ENFORCEMENT
Addendum number four to the Traffic Signal Violation Video-Monitoring
System Services Agreement adds two locations and three approaches to the
existing red-light photo enforcement program.
Recommendation by the Police Department:
Approve the fourth addendum to the contract with Nestor Traffic Systems
for the continued operation of the Red Light Photo Enforcement Program.
8.
SUSHI
MOMO (PRJ07-00456/ZON07-00104) 208 N. HARBOR BOULEVARD
This item is a request for a Major Development Project, as required
under Ordinance No. 3096, to operate a restaurant greater than 1,500 sq. ft. in
gross floor area with an outdoor patio on private property and a Type 41 (Beer
& Wine) Department of Alcoholic Beverage License.
Recommendation by the Community Development Department:
Adopt Resolution No. 9976, approving Major Development Project
PRJ07-00456/ZON07-00104, as conditioned.
RESOLUTION NO. 9976 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9.
THE
CLAW RESTAURANT (PRJ07-00459/ZON07-00106) 114 W. COMMONWEALTH AVENUE
This item is a request for a Major Development Project, as required
under Ordinance No. 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. 9975, approving Major Development Project
PRJ07-00459/ZON07-00106, as conditioned.
RESOLUTION NO. 9975 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
10.
2007
CALIFORNIA FIRE CODE ADOPTION
Staff is requesting that Council adopt, by reference, the 2007
California Fire Code with amendments, based on the 2006 International Fire
Code, and including certain secondary codes incorporated by reference in said
code, except such portions as are herein deleted or amended, and to approve the
findings of the Fire Marshal to substantiate the local amendments in accordance
with the California Health and Safety Code, Section 17958.7
Recommendation by the Fire Department:
numbered
recommendations
(1)
Have
first reading by title only and introduce Ordinance No. 3100.
(2)
Adopt
Resolution No. 9973.
additional
information
ORDINANCE NO. 3100 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 9973 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, SETTING FORTH LOCAL
CONDITIONS JUSTIFYING AMENDMENTS TO THE 2007 EDITION OF THE CALIFORNIA FIRE
CODE INCORPORATING BY REFERENCE THE 2006 INTERNATIONAL FIRE CODE WITH
CALIFORNIA AMENDMENTS AS CODIFIED IN THE
CALIFORNIA BUILDING STANDARDS CODE, PART 9, TITLE 24 OF THE CALIFORNIA CODE OF
REGULATIONS
11.
ADOPTION
OF 2007 MODEL BUILDING CODES
The State's Health and Safety Code requires local governments to adopt
the most recent editions of the model codes related to construction. The Construction Codes include: the
Recommendation by the Community Development Department:
numbered
recommendations
(1)
Adopt
Resolution No. 9977, setting forth findings with respect to local conditions
within the City of
(2)
Have
first reading by title only and introduce Ordinance Nos. 3101, 3102, 3103,
3104, 3105, and 3106.
additional
information
RESOLUTION NO. 9977 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, SETTING FORTH FINDINGS FOR
REQUIRED AMENDMENTS TO THE 2007 CALIFORNIA BUILDING CODE AND 2007 CALIFORNIA
ELECTRICAL CODE WITH RESPECT TO HOUSING OCCUPANCIES RELATIVE TO LOCAL CLIMATIC
AND GEOGRAPHIC CONDITIONS
ORDINANCE NO. 3101 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 14 OF THE
FULLERTON MUNICIPAL CODE ADOPTING THE 2007 EDITION OF THE CALIFORNIA BUILDING
CODE AND ITS AMENDMENTS AS THE FULLERTON BUILDING CODE
ORDINANCE NO. 3102 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 3103 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 14 OF THE
FULLERTON MUNICIPAL CODE TO ADOPT THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL
CODE AS THE FULLERTON ELECTRICAL CODE
ORDINANCE NO. 3104 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 3105 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 14 OF THE
FULLERTON MUNICIPAL CODE ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS CODE AS THE FULLERTON ABATEMENT
OF DANGEROUS BUILDINGS CODE
ORDINANCE NO. 3106 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF
12.
RESOLUTION
NO. 9968 - CALIFORNIA VEHICLE CODE SECTION 21107.8
This item seeks approval of authorizing the Fullerton Police Department
to enforce the California Vehicle Code on certain privately-owned parking lots
in Downtown Fullerton.
Recommendation by Administration:
Adopt Resolution No. 9968.
RESOLUTION NO. 9968 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REGULAR BUSINESS (Items 13 through 14)
This item is a request for approval to transmit the Preliminary
Redevelopment Plan prepared for the proposed Amendment to the Merged Fullerton
Redevelopment Project Area, including the area proposed to be added to the
Merged Project Area by the proposed Amendment, to all affected taxing entities,
County officials, and the State Board of Equalization and to establish the base
year assessment roll for the Amendment Area.
Recommendation by the Redevelopment and Economic Development
Department:
Adopt Resolution No. RDA 436.
RESOLUTION NO. RDA 436 - A RESOLUTION OF THE FULLERTON REDEVELOPMENT
AGENCY OF THE CITY OF
14.
CHERCH
LOUNGE (PRJ07-00366/ZON07-00088) 101 S. HARBOR BOULEVARD
This item is a request to reconsider a Major Development Project
application to operate a restaurant with a "Type 47" ABC license and
an outdoor patio in the Restaurant Overlay District (ROD). The applicant proposes a reconsideration of
their request after the moratorium is terminated and new regulations and
procedures are adopted.
Recommendation by the Community Development Department:
numbered
recommendations
(1)
Reconsider
PRJ07-00366 (ZON07-00088) and direct staff to process the proposal at such time
as the Council adopts Code changes pertaining to downtown alcohol
establishments and repeals the moratorium in the ROD;
OR
(2)
Reject
the applicant's request for reconsideration, but waive future filing fees for a
Type 47 establishment at
OR
(3)
Reject
the applicant's request for reconsideration.
additional
information
COUNCIL/REDEVELOPMENT
AGENCY/STAFF COMMUNICATIONS (Council
may ask a question for clarification, make a brief announcement, make a brief
report on his/her 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.)
AGENDA FORECAST
NOVEMBER 20, 2007
- Affordable Housing Discussion
- Resolution on Patio Dining Standards
- Appointments Planning Commission SN, DB, Library Board PK, RDRC - DB
- Closed Session Property Negotiations - Encroachment Lease
- Adopt Fire/Building, etc. Codes
- WEC Consultant Agreement Renewal
DECEMBER 4, 2007
- Mayor/Mayor Pro Tem; Chair/Vice Chair
- September Financials
- Capital Expenditure Report
- General Plan Housing Element RFP
- Public
Hearing
- Personnel Management System Changes
- Public Hearing PRJ07-00468/LRP07-00012 On-Site Alcohol Consumption in Downtown
- Public Hearing Medical Marijuana Ordinance
- Downtown Business Improvement District
- Public Hearing 5-Year Implementation Plan
- Resolution to Extend Medical Marijuana Moratorium
- Closed Session McDonalds
ADJOURNMENT - The next Closed Session City
Council/Redevelopment Agency meeting will be held on November 20, 2007, at 5:00
p.m., in the Council Chamber,
A tape of todays 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