CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

CLOSED SESSION AGENDA

December 18, 2007, 5:00 P.M.

CANCELLED

 

SCROLL DOWN FOR THE DECEMBER 18, 2007, 6:30 P.M. CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING

5:00 PM

6:30 PM


 

CITY OF FULLERTON

CITY COUNCIL/REDEVELOPMENT AGENCY

AGENDA

REGULAR MEETING

December 18, 2007, 6:30 P.M.

 

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE - Cameron Hostetter, Boy Scout Troop 93

CLOSED SESSION REPORT - None

PRESENTATIONS

 

(1)               CERTIFICATE - Eagle Scout - Cameron Hostetter

(2)               SERVICE PIN - Christopher Negrete, 20 years

(3)               CITIZEN POLICE ACADEMY GRADUATES

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 PLANNING COMMISSION AND REDEVELOPMENT DESIGN REVIEW COMMITTEE

 

Recommendation by the Office of the City Clerk:

 

1.         Planning Commission - two vacancies

            a.         Councilmember Bankhead direct appointment for a term                                   ending 12-31-10.

            b.         At-Large appointment for a term ending 12-31-11.

 

2.         Redevelopment Design Review Committee - one vacancy

            a.         Councilmember Bankhead direct appointment for a term                                   ending 12-31-10.

 

3.         Ratify direct appointments.

 

(2)               APPOINTMENT TO ORANGE COUNTY VECTOR CONTROL BOARD OF TRUSTEES

 

Recommendation by the Office of the City Clerk: 

 

Appoint a representative to the Orange County Vector Control with a term ending either in two or four years.

CONSENT CALENDAR (Items 1 through 17)    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 4, 2007

Recommendation by the Office of the City Clerk:  Approve the December 4, 2007 City Council/Redevelopment Agency/Public Financing Authority Minutes.

2.                  SECOND READING AND ADOPTION OF ORDINANCE NO. 3108, PRJ06-00091-LRP06-00001 - 2151 NORTH HARBOR BOULEVARD

Recommendation by the Office of the City Clerk:  Have second reading by title only and adopt Ordinance No. 3108.

ORDINANCE NO. 3108 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT CHANGING THE EXISTING ZONE CLASSIFICATION FROM "C-2" TO "SPD-01-01" FOR PROPERTY LOCATED AT 2151 NORTH HARBOR BOULEVARD

3.                  FINANCIAL STATEMENTS FOR THE PERIOD ENDED OCTOBER 31, 2007

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

4.                  CANCEL JANUARY 1, 2008 CITY COUNCIL/REDEVELOPMENT AGENCY MEETING

Recommendation by the Office of the City Clerk:  Cancel the January 1, 2008 City Council/Redevelopment Agency meeting.

5.                  CONTRACT RENEWALS FOR GROUP INSURANCE PROGRAMS

Recommendation by the Human Resources Department:

numbered recommendations

 

(1)               Accept the renewal proposals of Blue Cross, CaliforniaCare, and Kaiser for medical insurance for 2008.

(2)               Accept the renewal proposals of Blue Cross Prudent Buyer and Dental Net for dental insurance for 2008.

(3)               Accept the renewal proposal of Wellpoint Life Insurance Company for Life/AD&D coverage for 2008.

(4)               Accept the renewal proposal of CIGNA for Long-Term Disability insurance for 2008.

(5)               Accept the renewal proposal of Vision Services Plan for vision coverage for 2008.

(6)               Accept the proposal of CIGNA to provide an employee assistance program for 2008.

(7)               Authorize the City Manager to execute renewal agreements as required as well as the newly proposed CIGNA employee assistance program agreement.

additional information

6.                  LAGUNA LAKE PARK TRAIL IMPROVEMENTS

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Approve the plans and specifications for the Laguna Lake Park Trail Improvements project.

(2)               Award the contract, in the amount of $209,190 for the Laguna Lake Park Trail Improvement project to Elite Bobcat Service, Inc. of Corona.

(3)               Authorize staff to return all the confidential Financial Statements to the appropriate bidders.

additional information

7.                  COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2007

Recommendation by Administrative Services Department/Fiscal Services Division:  Approve the audited Comprehensive Annual Financial Report for the fiscal year ended June 30, 2007.

8.                  REDEVELOPMENT AGENCY FY 2006-2007 ANNUAL REPORT

Recommendation by the Redevelopment and Economic Development Department:  Receive the FY 2006-2007 Redevelopment Agency Annual Report and authorize staff to file the report with the State Controller's Office and the State Department of Housing and Community Development.

9.                  REDEVELOPMENT AGENCY'S ANNUAL DETERMINATION THAT PLANNING AND ADMINISTRATIVE EXPENSES ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT, OR PRESERVATION OF LOW AND MODERATE INCOME HOUSING

Recommendation by the Redevelopment and Economic Development Department:  Determine that planning and administrative expenses are necessary for the production, improvement, or preservation of low and moderate income housing.

10.             EXECUTIVE COMPENSATION RESOLUTION

Recommendation by the Human Resources Department:

numbered recommendations

 

(1)               Adopt Resolution No. 9984.

(2)               Authorize staff to make the necessary corresponding detail changes to appropriate accounts in the fiscal year 2007-2008 budget.

additional information

RESOLUTION NO. 9984 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR EXECUTIVE EMPLOYEES AND SUPERSEDING RESOLUTION NO. 9863 AND AMENDMENTS THERETO

11.             PERSONNEL MANAGEMENT SYSTEM CHANGES

Recommendation by the Human Resources Department:

numbered recommendations

 

(1)               Adopt Resolution No. 9980.

(2)               Authorize staff to make necessary corresponding detail changes to appropriate accounts in the FY 2007-2008 budget.

additional information

RESOLUTION NO. 9980 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING APPENDICES A AND B OF RESOLUTION NO. 9906 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION), APPENDIX A OF RESOLUTION NO. 8703 (DESIGNATED CITY OF FULLERTON EMPLOYEES REQUIRED TO FILE CONFLICT OF INTEREST DISCLOSURE STATEMENTS) AND ADOPTING AND DELETING CERTAIN CLASS SPECIFICATIONS

12.             PLACENTIA AVENUE RECONSTRUCTION - YORBA LINDA BOULEVARD TO QUARTZ LANE

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Approve plans and specifications for the Placentia Avenue Reconstruction project from Yorba Linda Boulevard to Quartz Lane.

(2)               Award the contract for the Placentia Avenue Reconstruction project from Yorba Linda Boulevard to Quartz Lane to R.J. Noble Company in the amount of $568,135.

additional information

13.             2008 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM

Recommendation by the Engineering Department:  Adopt Resolution No. 9983.

RESOLUTION NO. 9983 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CERTIFYING THAT FULLERTON HAS THE RESOURCES TO FUND ITS SHARE OF THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008/09 - 2013/14 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN THE PROGRAM

14.             FINAL MAP FOR TRACT NO. 17002 - KIMBERLY BUSINESS CENTER

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Find that the Final Map for Tract No. 17002 conforms to all applicable requirements, approve the Final Map, and

·        Accept, for street purposes, the additional one-foot right-of-way for East Kimberly Avenue, as shown on the map.

·        Accept the 15-foot wide easement for water purposes as shown on the map.

·        Accept the 20-foot wide easement for sewer purposes as shown on the map.

·        Accept the easement for public services, utilities, police patrol, emergency vehicle access, fire protection, refuse collection, and waterline systems, over, under, and through Enterprise Way as dedicated.

·        Accept the vehicular access rights to East Kimberly Avenue as released and relinquished.

(2)               Authorize the Mayor and the City Clerk to enter into a subdivision agreement with the subdivider in a form approved by the City Attorney.

additional information

15.             ROYAL STREET COMMUNICATIONS, LLC (RSC) TELECOMMUNICATION SITE LEASE AGREEMENT - LOCATION:  COYOTE RESERVOIR, 2470 W. PIONEER AVENUE

Recommendation by the Engineering Department:

numbered recommendations

 

(1)               Authorize staff to enter into a lease agreement with Royal Street Communications, LLC (RSC) for the construction, operation, and maintenance of cellular facilities located within the City's Coyote Reservoir.

(2)               Authorize the Mayor to execute the lease agreement on behalf of the City of Fullerton in a form approved by the City Attorney.

additional information

16.             PROPOSED MEMORANDUM OF UNDERSTANDING REGARDING GREATER CALIFORNIA STATE UNIVERSITY FULLERTON VILLAGE AREA

Recommendation by the Community Development and Redevelopment and Economic Development Departments:

Approve the MOU and authorize the City Manager and Agency Executive Director to execute the document and take all actions reasonably necessary to implement the document.

17.             STATUS OF DOWNTOWN MORATORIUM (INTERIM URGENCY ORDINANCE NO. 3096)

Recommendation by the Community Development Department:

Receive and file staff report regarding the status of the moratorium on alcohol serving business, as established by Interim Ordinance No. 3096.

PUBLIC HEARINGS (Items 18 through 20)  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.

18.             FIVE-YEAR IMPLEMENTATION PLAN MIDTERM UPDATE

This item consists of a public hearing on the midterm update on the Agency's Five-Year Implementation Plan.

Recommendation by the Redevelopment and Economic Development Department:

Receive and file subject report.

19.             PRJ07-00344 (ZON07-00073, ZON07-00074, LRP07-00006, LRP07-00007, LRP07-00008, TTM-17162) – JEFFERSON COMMONS STUDENT HOUSING

This item is an appeal of the Planning Commission denial of a Zoning Amendment to change the zoning classification to Specific Plan District and related applications to develop and operate a 350-unit student-oriented mixed-use development.

Recommendation by Community Development:

numbered recommendations

 

(1)               Adopt Resolution No. 9985, pursuant to the facts and findings contained therein to:

·        Consider the Response to Comments of the Draft Environmental Impact Report;

·        Consider the CEQA alternatives to the proposed project;

·        Adopt the Mitigation Measures and Mitigation Monitoring and Reporting Program;

·        Adopt the CEQA Findings of Fact and Statement of Overriding Considerations; and

·        Certify the Draft Final Environmental Impact Report.

 

If the City Council moves to uphold the appeal and approve the project, staff recommends the City Council take the following actions:

 

(2)               Have first reading by title only and introduce Ordinance No. 3109, adopting Zone Amendment LRP07-00008 and Specific Plan LRP07-00006;

(3)               Adopt Resolution No. 9986, approving General Plan Revision LRP07-00007; and

(4)               Adopt Resolution No. 9987, approving Major Development Project ZON07-00073, Conditional Use Permit ZON07-00074, and Tentative Tract Map TTM-17162, subject to the facts, findings, and conditions therein.

additional information

RESOLUTION NO. 9985 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A MITIGATION MONITORING REPORTING PROGRAM, ADOPTING CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT SCH NO. 2007031073 FOR PROPERTY LOCATED AT 2545-2565 E. CHAPMAN AVENUE, 501 N. COMMONWEALTH AVENUE, AND 2450 E. COLLEGE PLACE

ORDINANCE NO. 3109 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT CHANGING THE ZONE CLASSIFICATIONS "LIMITED DENSITY MULTI-FAMILY RESIDENTIAL (R-3)" AND "OFFICE-PROFESSIONAL (O-P)" TO "SPECIFIC PLAN DISTRICT (SPD)" AND ADOPTING A SPECIFIC PLAN FOR PROPERTY LOCATED AT 2545-2565 E. CHAPMAN AVENUE, 501 N. COMMONWEALTH AVENUE, AND 2450 E. COLLEGE PLACE

RESOLUTION NO. 9986 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A GENERAL PLAN REVISION TO CHANGE THE LAND USE DESIGNATION FROM "OFFICE" TO "HIGH DENSITY RESIDENTIAL" FOR PROPERTY LOCATED AT 2545-2565 E. CHAPMAN AVENUE AND TO ADD SPECIFIC PLAN DISTRICT (SPD) AS A ZONING CLASSIFICATION CONSISTENT WITH THE GENERAL PLAN DESIGNATION OF HIGH DENSITY RESIDENTIAL

RESOLUTION NO. 9987 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR DEVELOPMENT PROJECT, CONDITIONAL USE PERMIT, AND TENTATIVE TRACT MAP FOR A MIXED-USE DEVELOPMENT WITH 350 STUDENT-ORIENTED RESIDENTIAL UNITS, 30,836 SQUARE FEET OF RETAIL/COMMERCIAL USES, A 9,619-SQUARE-FOOT LEASING OFFICE AND RECREATION CENTER, AN EIGHT-LEVEL PARKING STRUCTURE ON PROPERTY LOCATED AT 2545-2565 E. CHAPMAN AVENUE, 501 N. COMMONWEALTH AVENUE, AND 2450 E. COLLEGE PLACE (NORTHWEST CORNER OF COMMONWEALTH AND CHAPMAN AVENUES, SOUTH OF EAST COLLEGE PLACE; EXCLUDING 2550 E. COLLEGE PLACE)

20.             TO CONSIDER REVOCATION OR MODIFICATION OF CONDITIONAL USE PERMIT 1031A, WHICH PERMITTED THE OPERATION OF A BANQUET FACILITY WITH DANCING AND A BEER GARDEN, AT 140 WEST WILSHIRE

This item is consideration to revoke or modify a previously approved Conditional Use Permit, which allows the operation of a banquet facility/reception hall with a beer garden.  This has been initiated by staff based on violations to the municipal code, violations to the project's conditions of approval, complaints from residents in the immediate vicinity and concerns for the public's health, safety and welfare, including that of minors who patronize the business.

Recommendation by the Community Development Department:

numbered recommendations

 

(1)               Consider the testimony of the applicant, property owner and public.

(2)               Adopt Resolution No. 9988, modifying the conditions of approval for Conditional Use Permit CUP 1031A, previously approved by Resolution PC-05-22, thereby allowing the continued operation of a banquet facility/reception hall, based on the facts and findings  contained therein.

additional information

RESOLUTION NO. 9988 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING A CONDITIONAL USE PERMIT TO OPERATE A BANQUET FACILITY/RECEPTION HALL WITH A BEER GARDEN ON PROPERTY LOCATED AT 140 WEST WILSHIRE AVENUE

REGULAR BUSINESS (Items 21 through 24)

21.             ACQUISITION OF REAL PROPERTY AT 406 W. VALENCIA DRIVE, 407 WEST AVENUE, 443 WEST AVENUE, 467 WEST AVENUE, AND 518 S. FORD AVENUE (RICHMAN/VALENCIA/WEST NEIGHBORHOOD)

The purpose of this item is to request Agency approval to acquire real property at 406 W. Valencia Drive, 407 West Avenue, 443 West Avenue, 467 West Avenue, and 518 S. Ford Avenue (Sites) in the Richman/Valencia/West Neighborhood (Neighborhood).

Recommendation by the Redevelopment and Economic Development Department:

numbered recommendations

 

(1)               Approve acquisition of the Sites;

(2)               Authorize a budget transfer in the amount of $4,211,270 from the Agency's Low and Moderate Income Housing Fund to the Richman/Valencia/West Neighborhood Property Acquisition Project to pay costs associated with property acquisition and reasonable closing costs;

(3)               Authorize the Executive Director to execute the purchase agreement and take all actions reasonably necessary to complete the transaction.

additional information

22.             POLITICAL SIGNS AND HANDBILL GUIDELINES

At the September 4, 2007 meeting, the City Council directed staff to agendize discussion of placement and posting of political signs and campaign literature distribution at a future City Council meeting.

Recommendation by Maintenance Services Department and Office of the City Clerk:

Pleasure of the City Council.

23.             MAYOR/CHAIR, MAYOR PRO TEM/VICE CHAIR SELECTION PROCESS

The City Council requested a discussion of the Mayor/Chair and Mayor Pro Tem/Vice Chair selection process be agendized.

Recommendation by the Office of the City Clerk:

Pleasure of the City Council.

24.             2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION

The City receives an annual allocation of Community Development Block Grant (CDBG) funds from the federal Department of Housing and Urban Development (HUD) to provide services and programs to residents within targeted income bands.  Staff is requesting the City Council review current CDBG priorities and provide policy direction regarding services to be funded by the 2008-09 allocation.

Recommendation by the Community Development Department:

Review current CDBG priorities and provide policy direction to staff and the Community Development Citizens Committee regarding services to be funded by the 2008-09 CDBG allocation.

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

 

JANUARY 1, 2008 (CANCELLED)

 

JANUARY 15, 2008

 

  • Adopt Revised City-Wide Records Retention Schedule
  • Presentation – Proclamation – National Blood Donor Month
  • Presentation – Technology Working Group
  • No Project Area Committee for the Amendment to the Merged Fullerton RDA Project Area
  • Commercial Tenant Loan – Tranquil Tea Lounge
  • Closed Session – Property Negotiations – Chapman/Pomona
  • Presentation – 2008 Miss Fullerton and Teens
  • Presentation – Certificates – Nicolas Junior High – “There Oughta Be a Law” Contest Winners

ADJOURNMENT – The next City Council/Redevelopment Agency closed session meeting will be held on January 15, 2008, at 5:00 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 January 15, 2008, at 6:30 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.