303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - MAY 17, 2022
MEETINGS: The Fullerton City Council / Successor Agency meets on the first and third Tuesday of the month, convening for Closed Session at 5:00 p.m. and Regular Session at 6:30 p.m.
PUBLIC COMMENT: The public may comment on Closed Session items at the beginning of the Closed Session meeting .
The public may comment on matters not appearing on the agenda and Consent Calendar items during Public Comments at the Regular Session meeting. Prior to public comments, the public may request the removal of consent items for further discussion. Those wishing to speak on a regular business or a public hearing item on this agenda may do so when the Mayor calls that specific item for consideration.
Each speaker addressing non -agenda and consent calendar items shall have three minutes to make their remarks. City Council will allow no more than a total of 30 minutes at the beginning of the Regular Session for non -agenda comments .
Those speaking on regular business items and public hearing items shall have no more than three minutes per item to address City Council. No person shall speak more than one time to the same item. The Mayor may request that a spokesperson represent a group wishing to address City Council. The Mayor or majority of the Council may grant an extension of time for a speaker. No speaker may yield their time to another speaker.
PERSONS ADDRESSING CITY COUNCIL: Please complete a speaker form and submit the form to the Assistant City Clerk in the lobby prior to approaching the podium. State your name and city of residence for the record at the beginning of your remarks. All speakers shall observe civility, decorum and good behavior. Any item submitted to the City Council during the meeting shall become public record and subject to applicable disclosure laws.
AGENDA ITEMS: This agenda contains a brief summary of each item the Council / Agency will consider. The City Clerk ’s Office posts the agenda packet online no later than 72 hours prior to the meeting at www .cityoffullerton.com. The City Clerk’s Office and Library have copies of the packet available for public review.
In accordance with CA Government Code Section 54957.5, the public may inspect any writings or documents relating to an open session agenda item distributed less than 72 hours prior to a regular meeting at the City Clerk ’s Office located at 303 West Commonwealth Avenue, Fullerton, California and the Fullerton Main Branch Library Information Counter located at 353 West Commonwealth Avenue, Fullerton, California during normal business hours. The City will post such writings and documents received in sufficient time on the City’s website at www.cityoffullerton.com.
State regulations prohibit City Council from taking action on non -agenda items except as provided by law. Visit www.cityoffullerton.com or call (714) 738-6350 for more information.
ADA REQUIREMENTS: The City has equipment and services available to assist disabled persons with communications at the public meeting in compliance with the requirements of Title II of the Americans with Disabilities Act (ADA). Should you require special accommodations to participate in a meeting, please contact the City Clerk at [email protected] or (714) 738-6350 at least 48 hours prior to the meeting to make arrangements.
REMINDER: Please silence all electronic devices while City Council is in session.
The City will rebroadcast this City Council / Successor Agency meeting on Spectrum Cable Channel 3. The public can find cable channel rebroadcast times as well as view the meeting video on-demand at www.cityoffullerton.com.
Refer to Resolution No. 2020-04 to review the complete Rules of Procedure and Decorum for City Council meetings.
Fred Jung
Mayor (District 1)
Jesus Silva
Council Member (District 3)
Bruce Whitaker
Mayor Pro Tem (District 4)
Ahmad Zahra
Council Member (District 5)
Nick Dunlap
Council Member (District 2)
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION AGENDA
MAY 17, 2022 - 4:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - Closed Session
City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda.
RECESS to Closed Session
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
1. Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Police Officers’ Association - Public Safety Unit and Dispatcher Unit, Fullerton Police Management
Association
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 201 South Basque Avenue, Fullerton, CA (APNs: 030-290-16, 030- 290-17 and 030-290-21)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Heritage Futures / Arts OC
Under Negotiations: Price and Terms
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
MAY 17, 2022- 5:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS REPORT
PRESENTATIONS
PROCLAMATION: Asian American Pacific Islander Heritage Month1.
PRESENTATION: Memorial Day Ceremony2.
PUBLIC COMMENTS - Regular Session
The City Council / Successor Agency will hear public comments on matters not appearing on the agenda but within City Council / Agency jurisdiction and Consent Calendar items at this time. Speakers will have three minutes to make their remarks. Those wishing to speak on a regular business or public hearing item on this agenda may do so when the Mayor / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency from acting on non-agenda items.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS
AND REPORTS
City Council may ask a question for clarification, make a brief announcement, make a brief report on their activities, request a report from staff at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda.
APPOINTMENTS - None
CONSENT CALENDAR (Items 1 - 7)
City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not have separate discussion of these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
MAY 3, 2022 MEETING MINUTES1.
Recommendation:
Approve May 3, 2022 City Council / Successor Agency Meeting Minutes.
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APRIL 2022 CHECK REGISTER2.
Recommendation:
Receive and file.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT3.
Recommendation:
Receive and file.
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
4. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF
LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY UPDATED CITY COUNCIL APPOINTED SALARY SCHEDULE5.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING AN UPDATE TO THE SALARY
SCHEDULE FOR CITY COUNCIL APPOINTED POSITIONS IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5
CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS6.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, CONCERNING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CLASSIC MEMBERS AND REPEALING RESOLUTION NO. 2020-71
EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN CITY OF
FULLERTON AND NFRED, LLC (FRONTIER REAL ESTATE INVESTMENTS )
REGARDING THE FOX BLOCK DEVELOPMENT - FINAL EXTENSION
7. Recommendation:
1. Approve proposed Extension to the ENA through and including December 31, 2022, by and between the City of Fullerton and NFRED, LLC on property located on the east side of North Harbor Boulevard and west side of Pomona Avenue between Chapman May 17, 2022 - Page 4
Fullerton City Council | Successor Agency Agenda
Avenue and just north of Ellis Place, including the Pomona Avenue Parking Lot (Pomona Lot ), Ellis Parking Lot and Triangle Lot (APNs 029-033-03, 04, 05, 06, APNs 029-033-09, 27, 28 and APN 029-032-21).
2. Authorize City Manager to execute ENA Extension Letter by and between the City of Fullerton and NFRED, LLC for extension of the Exclusive Negotiation period for development of a public market, small format retail and restaurants with outdoor amenities on properties.
PUBLIC HEARINGS (Items 8 - 9)
Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency decision 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.
SENATE BILL 9 TWO-UNIT AND URBAN LOT SPLIT RESIDENTIAL
DEVELOPMENT STANDARDS
8. On April 13, 2022, the Planning Commission unanimously recommended that City Council approve amendments to Fullerton Municipal Code Title 15 (Zoning) and Title 16 (Subdivisions) and adopt objective development standards for SB 9 projects.
Recommendation:
1. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO FULLERTON MUNICIPAL CODE CHAPTERS 15 (ZONING) AND 16 (SUBDIVISIONS) TO
CREATE TWO RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9
2. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A FEE FOR URBAN LOT SPLITS IN CONJUNCTION WITH SB 9 PROJECTS
3. Direct Community and Economic Development staff to:
a. commence work on updates to the historic preservation section of Fullerton Municipal Code Title 15 (Zoning)
b. Commence work on creation of a citywide inclusionary housing ordinance.
THE PINES AT SUNRISE VILLAGE LOCATED AT 1144 ROSECRANS AVENUE, 1715 / 1723 EUCLID STREET AND 1701 / 1751 / 1801 - 1900 EUCLID STREET
9. The City publicly noticed City Council review of The Pines at Sunrise Village for the May 17, 2022 City Council meeting. Staff requests City Council continue this item to the June 7, 2022 City Council meeting.
Recommendation:
Continue Public Hearing for The Pines at Sunrise Village to June 7, 2022 City Council May 17, 2022 - Page 5
Fullerton City Council | Successor Agency Agenda
meeting at 5:30 p.m. in the Fullerton City Council Chambers.
REGULAR BUSINESS (Items 10 - 11)
MAPLE NEIGHBORHOOD CENTER LEASE AGREEMENT10.
Staff presented two lease agreements with non -profit agencies to lease the Gilbert and Maple neighborhood centers to provide neighborhood services to the surrounding community at the April 19, 2022 City Council meeting. City Council directed staff to bring back the lease with Friendly Center, Inc. for the Maple Center to add private after -hours facility rentals.
Recommendation:
1. Approve lease agreement, in substantially the form as attached and in such final form as approved by the City Attorney, with Friendly Center, Inc. for the Maple Neighborhood Center to provide neighborhood services to the surrounding communities as recommended by the Parks and Recreation Commission.
2. Authorize City Manager, or designee, to execute and administer the Maple Neighborhood Center lease agreement and all documents related to the lease agreement, including options to extend, in a form approved by the City Attorney.
OR
3. Deny lease agreement with the Friendly Center, Inc. and direct staff to return with a budget and plan to turn the Maple Center into a private rental facility.
REQUEST TO WAIVE DAY OF MUSIC EVENT RENTAL FEES11.
The Day of Music Committee requests that City Council waive all fees (except Police) for their annual music festival event and for the Parks and Recreation Department to provide staff to coordinate and supervise the event.
Recommendation:
Provide direction regarding the request for a fee waiver and staff support by the Day of Music Committee.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
TUESDAY, JUNE 7, 2022
• INSURANCE RENEWAL
• PROFESSIONAL SERVICE AGREEMENTS FOR SPECIALIZED DEVELOPMENT SERVICES • EES AMENDMENT
• SENIOR TRANSPORTATION CONTRACT
• WATER SHORTAGE CONTINGENCY PLAN LEVEL 2 WITH ADDITIONAL MEASURES • AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION
• CALL NOV 2022 ELECTION
• DISH WIRELESS AGREEMENT
• M2 ELIGIBILITY RENEWAL
• FISCAL YEAR 2022 23 BUDGET
• BOARD / COMMISSION / COMMITTEE BUSINESS CARDS
• RESTORATION OF PUBLIC RIGHT OF WAY AT 100 NORTH HARBOR BOULEVARD May 17, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
TUESDAY, JUNE 21, 2022
• OFFICE ON AGING III B FY2022 23 GRANT AWARD
• COMMITTEE REPORT
• PERSONNEL MANAGEMENT SYSTEM CHANGES
• PUBLIC WORKS FEE STUDY
• CONFLICT OF INTEREST CODE UPDATE
• FSD JOINT USE AGREEMENT FOR FIELDS
• TELECOM ORDINANCE UPDATES
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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