303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - DECEMBER 6, 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
DECEMBER 6, 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
1. Name of Case: Orange County Water District et al. v. 3M Company, et al.
Case Number: OCSC Case No. 30-2020-01172419-CU-PL-CXC
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
2. Agency Representatives: Eddie Manfro and Jay Trinnaman Employee Organizations: Fullerton Firefighters’ Association, Fullerton Fire 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
3. Property: Right of Way Adjacent to 1747 Commonwealth Avenue, Fullerton, CA (APN #030-252-01)
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Grace Ministries International
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
4. Property: 212 East Santa Fe Avenue, Fullerton, CA 92832 (APN 033-030- 18)
Agency Negotiator: City Manager Eric J. Levitt, Interim Community and Economic December 6, 2022 - Page 2
Fullerton City Council | Successor Agency Agenda
Development Director Sunayana Thomas, BBK Partner
Elizabeth Hull
Negotiating Parties: Westpark Investments, LLC & TA Partners 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
DECEMBER 6, 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 - None
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 discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
NOVEMBER 15, 2022 MEETING MINUTES1.
Recommendation:
Approve November 15, 2022 City Council / Successor Agency Meeting Minutes.
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
2. Recommendation:
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Fullerton City Council | Successor Agency Agenda
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
TREASURER’S REPORT FOR QUARTER ENDING SEPTEMBER 30, 20223.
Recommendation:
Receive and file.
CLASSIFICATION PLAN UPDATE RELATING TO MINIMUM WAGE INCREASE4.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2020-104
APPENDIX A RELATING TO NON-REGULAR EMPLOYEE PAY
CLASSIFICATION PLAN UPDATE RELATING TO ASSISTANT ENGINEER -
WATER, SOLID WASTE AND RECYCLING SPECIALIST AND ENVIRONMENTAL
COORDINATOR SERIES POSITIONS
5. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, ADOPTING CERTAIN CLASS
SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2022-030 APPENDIX A (FULLERTON MUNICIPAL EMPLOYEES
FEDERATION)
2022 JUSTICE ASSISTANCE GRANT PROGRAM MOU TO TRANSFER FUNDS6.
Recommendation:
1. Approve Memorandum of Understanding Between County of Orange (Sheriff) and the City of Fullerton to Distribute the 2022 Edward Byrne Memorial Fund - Justice Assistant Grant “JAG” and authorize City Manager, or designee, to execute the Memorandum of Understanding.
2. Appropriate receipt and use of $25,926 2022 JAG allocation to Police Department in the Fund 32 grant budget.
RESIDENTIAL STREET REHABILITATION7.
Recommendation:
1. Approve plans and specifications for Residential Street Rehabilitation project.
2. Approve $1,380,000 budget transfer of American Rescue Plan Act (ARPA) Revenue Replacement Funds (Fund 38) from approved appropriation within Project December 6, 2022 - Page 5
Fullerton City Council | Successor Agency Agenda
44589 Residential Street Program to Project 44065 Residential Street Rehabilitation (Fund 74).
3. Award $1,204,780 construction contract for the Residential Street Rehabilitation project to Hardy & Harper, Inc. and authorize City Manager, or designee, to execute contract, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
PUBLIC HEARINGS (Items 8 - 10)
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.
APPEAL OF CONDITIONAL USE PERMIT AT 120 WEST WILSHIRE AVENUE (120
FULLERTON)
8. Request to consider appeal of Planning Commission approval for a Conditional Use Permit at 120 West Wilshire Avenue to comply with new development regulations outlined in Fullerton Municipal Code Chapter 15.31, which specifies regulations for businesses selling alcohol in any zone.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING
THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EXISTING RESTAURANT (120 FULLERTON) WITH A TYPE 47 (ON-SITE SALE OF BEER, WINE AND DISTILLED SPIRITS) ABC LICENSE,
ENTERTAINMENT AND AN EXISTING OUTDOOR DINING PATIO ON
PROPERTY ZONED C-3 LOCATED AT 120 WEST WILSHIRE AVENUE
2. Alternative Action:
Approve the appeal and direct staff to draft an alternative Resolution to deny the Planning Commission approval of the Conditional Use Permit request.
ABANDONMENT AB 22-01 REGARDING PORTION OF ELLIS PLACE EAST OF
HARBOR BOULEVARD
9. Public Hearing to consider abandonment of a portion of Ellis Place east of and abutting Harbor Boulevard.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING ABANDONING AND VACATING
A PORTION OF ELLIS PLACE EAST OF AND ABUTTING HARBOR BOULEVARD
TO ALLOW AN OUTDOOR DINING, GATHERING AND ENTERTAINMENT AREA IN CONJUNCTION WITH TWO NEW DEVELOPMENTS LOCATED AT 550 NORTH December 6, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
HARBOR BOULEVARD AND 115 ELLIS PLACE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF FULLERTON AND WESTPARK INVESTMENTS, LLC AND TA PARTNERS FOR THE SALE OF PROPERTY LOCATED AT 212 EAST SANTA FE AVENUE, FULLERTON, CA (APN 033-030-18)
10. Consideration of a Disposition and Development Agreement between the City of Fullerton and West Park Investments, LLC and TA partners for sale of property located at 212 East Santa Fe Avenue and make CEQA findings to construct residential, hotel, retail and restaurant use as well as parking.
Recommendation:
1. Open public hearing and receive public testimony regarding proposed sale of the property.
2. Close public hearing and, if the City received any protest regarding sale of the property, overrule the protest by a four-fifth majority vote.
3. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FULLERTON
AND WESTPARK INVESTMENTS, LLC AND TA PARTNERS FOR THE SALE OF PROPERTY LOCATED AT 212 EAST SANTA FE AVENUE, FULLERTON, CALIFORNIA (APN 033-030-018), AUTHORIZING THE CITY MANAGER TO
TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS ACTION AND
FINDING THAT THIS ACTION IS PURSUANT TO CEQA GUIDELINES SECTION 15070, AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION REGULAR BUSINESS - None
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, December 13, 2022
• REORGANIZATION
Tuesday, December 20, 2022
• ADULT CROSSING GUARD AT OLIVE AVENUE AND CITRUS AVENUE • ORANGETHORPE AVENUE INFRASTRUCTURE IMPROVEMENTS
• DONATIONS RECEIVED AND USED IN FY 2021-22
• MILLS ACT CONTRACT 330 WEST WHITING AVENUE
• COMMITTEE REPORT
• WATER WELL EASEMENT AND COVENANT WITH GOODMAN LOGISTICS CENTER • NOVEMBER 2022 CHECK REGISTER
• FISCAL YEAR 2022 23 VEHICLE REPLACEMENT PROGRAM
• 2022 CALIFORNIA BUILDING AND FIRE CODE ADOPTION
• MAPLE NEIGHBORHOOD CENTER OPERATIONS
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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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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Fullerton City Council | Successor Agency Agenda