Agenda Report
Fullerton City Council
MEETING DATE: JULY 5, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: ERIC J. LEVITT, CITY MANAGER
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: RECONSIDER SENATE BILL 9 TWO-UNIT AND URBAN LOT SPLIT RESIDENTIAL DEVELOPMENT ORDINANCE
SUMMARY
The city received an email from Samuel Andreano stating that he did not have the opportunity to make public comment over Zoom during the June 7, 2022 City Council meeting regarding an item titled “Senate Bill 9 Two-Unit and Urban Lot Split Residential Development.” Staff recommends City Council reconsider this item and re-open public comments.
RECOMMENDATION
1. Reconsider this item and re-open public comment.
2. Ratify City Council actions taken on June 7, 2022 to adopt Ordinance No. 3313 or direct staff to prepare a revised ordinance based on direction provided at this meeting.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Infrastructure and City Assets.
FISCAL IMPACT
None.
DISCUSSION
During the June 7, 2022 City Council meeting, City Council voted 4 – 0 – 1 (Absent: Zahra) to adopt Ordnance No. 3313. City Council heard one public comment during consideration of the item.
The City received an email on June 8, 2022 from Samuel Andreano alleging that he did not have the opportunity to make public comment over Zoom during the June 7, 2022 City Council meeting regarding a Consent Calendar Item titled ““Senate Bill 9 Two-Unit and Urban Lot Split Residential Development.” California Government Code Section 54960.1 gives the City 30 days from the date of complaint to either cure an alleged Brown Act violation, write a letter explaining why there was no violation or take no action (which is deemed denial of any Brown Act violation) before the demanding party may initiate a lawsuit. Should the City cure following initiation of a lawsuit, Government Code Section 54960.5 requires the City to pay the demanding party’s legal fees.
Staff recommends City Council reconsider this item and re-open public comments to provide remedy for any alleged Brown Act violation.
Attachments:
Attachment 1 – Sam Andreano Email
Attachment 2 – June 7, 2022 Minutes
Attachment 3 – Ordinance No. 3313
Attachment 4 – Government Code Section 54960.1
Reconsider SB 9 Ordinance
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