303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - DECEMBER 20, 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)
Shana Charles
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 20, 2022 - 4:00 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 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
2. Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC Case No. 30-2022-01281840
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: 2701 Nutwood Avenue, Fullerton, CA 92831 (APN 029-180-34) Agency Negotiator: City Manager Eric J. Levitt
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Negotiating Parties: The State of California through the Trustees of the California State University, Marriott
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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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
DECEMBER 20, 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
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 - 14)
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.
DECEMBER 6, 2022 AND DECEMBER 13, 2022 MEETING MINUTES1.
Recommendation:
Approve December 6, 2022 City Council / Successor Agency Meeting Minutes and December 13, 2022 City Council / Successor Agency Special Meeting Minutes.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
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Fullerton City Council | Successor Agency Agenda
Recommendation:
Receive and file.
NOVEMBER 2022 CHECK REGISTER3.
Recommendation:
Receive and file.
DONATIONS RECEIVED AND USED IN FISCAL YEAR 2021-224.
Recommendation:
Receive and file.
HUNT LIBRARY REVITALIZATION PROJECT - BUILDING FORWARD LIBRARY
INFRASTRUCTURE GRANT
5. Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE GRANT APPLICATION,
ACCEPTANCE AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129)
2. Appropriate receipt and use of grant funds to the Capital Projects Fund (Fund 74) for the Building Forward Grant Project (Project No. 55060) for the Hunt Library.
3. Approve $194,650 budget transfer from the Library Fund (Fund 13) to the Capital Projects Fund (Fund 74) for the Building Forward Grant Project (Project No. 55060) for the Hunt Library.
CROSSING GUARD AT OLIVE AND CITRUS AVENUES ADJACENT TO NICOLAS
JUNIOR HIGH SCHOOL
6. Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, ASSIGNING AN ADULT CROSSING GUARD
AT OLIVE AVENUE AND CITRUS AVENUE
2. Approve $14,720 budget appropriations to the expenditure budget and $7,360 to the revenue budget in General Fund within Program 2278 - Traffic Bureau.
3. Approve Crossing Guard for the Spring 2023 and reevaluate prior to the 2023 - 24 School Year.
MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2021-20227.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY December 20, 2022 - Page 5
Fullerton City Council | Successor Agency Agenda
OF FULLERTON, CALIFORNIA, ADOPTING THE MEASURE M 2 EXPENDITURE REPORT FOR THE CITY OF FULLERTON FOR THE FISCAL YEAR ENDING JUNE 30, 2022
DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT FOR FISCAL YEAR 2021-2022
8. Recommendation:
Review and file compliance reports titled “Parkland Acquisition and Park Facilities Development Impact Fee (Park Dwelling Fee) Annual Report Fiscal Year 2021-22” and the “Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2021-22”.
CONTRACT WITH RINCON CONSULTANTS FOR PROFESSIONAL PLANNING
SERVICES RELATED TO CITY OF FULLERTON HOUSING ELEMENT
9. Recommendation:
1. Approve a Professional Services Agreement for Rincon Consultants for services related to the City ’s sixth cycle Housing Element in an amount not to exceed $315,784.00 with contract terms and implementation timelines as agreed to by the City Manager.
2. Authorize City Manager, or designee, to execute and administer agreements and amendments, in a form approved by the City Attorney.
SUMMARY VACATION ABANDONING A WATER WELL EASEMENT AND A
SEWER EASEMENT AND NEW WATER WELL EASEMENT AND COVENANT
AGREEMENT WITH GOODMAN LOGISTICS CENTER
10. Recommendation:
1. Adopt the following resolutions:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACATION TO
ABANDON A CITY OF FULLERTON WATER WELL EASEMENT OVER A PORTION OF 2001 EAST ORANGETHORPE AVENUE
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACATION TO
ABANDON A CITY OF FULLERTON SEWER EASEMENT OVER A PORTION OF 2001 EAST ORANGETHORPE AVENUE
2. Authorize Public Works Director, or designee, to accept new Water Well Easement and Covenant Agreement subject to minor changes approved by City Attorney ’s Office and City Manager.
SUMMARY VACATION ABANDONING A WATERLINE EASEMENT OVER A PORTION OF 4100 AND 4030 NORTH HARBOR BOULEVARD
11. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING A SUMMARY VACAT ION TO ABANDON December 20, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
A CITY OF FULLERTON WATER LINE EASEM ENT OVER A PORT ION OF 4100 NORTH HARBOR BOULEVARD AND 4030 NORTH HARBOR BOULEVARD
ACACIA PARK PLAYGROUND REPLACEMENT12.
Recommendation:
1. Approve playground design and layout.
2. Approve $250,000 budget transfer and appropriation of Park Dwelling Funds (Fund 39) from fund balance to Project 54039 Acacia Park & Fullerton Greenbelt Improvement Project (Fund 74).
3. Award $377,400 contract to Pacific Play Systems, Inc. to finalize design and construct a new playground at Acacia Park and authorize City Manager, or designee, to execute and administer the 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.
ORANGETHORPE AVENUE INFRASTRUCTURE IMPROVEMENTS13.
Recommendation:
1. Approve plans and specifications for the Orangethorpe Avenue Infrastructure Improvements Project.
2. Approve the following budget transfers and appropriations:
· Transfer $733,000 of RMRA /SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44054 Orangethorpe Avenue Infrastructure Improvements Project Street Funds (Fund 74)
· Transfer $1,560,000 of American Rescue Plan Act (ARPA) Funds (Fund 38) from Project 53250 Water Main System Replacement and Upgrade to Project 44054 Orangethorpe Avenue Infrastructure Improvements Project Water Funds (Fund 44) · Transfer $1,000,000 of County of Orange Street Funds from Project 44400 Annual Arterial Street Program to Project 44054 Orangethorpe Avenue Street Improvements (Fund 74).
3. Award $2,774,023 construction contract for the Orangethorpe Avenue Infrastructure Improvements Project to Sequel Contractors Inc. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
SUNNY HILLS - TWILIGHT AREA WATER MAIN REPLACEMENT PROJECT
DESIGN SERVICES AWARD
14. Recommendation:
1. Transfer and appropriate $30,000 of Water Funds from Project 53250 Water Main December 20, 2022 - Page 7
Fullerton City Council | Successor Agency Agenda
System Replacement to Project 53039 Sunny Hills -Twilight Area Water Main Replacement (Fund 44).
2. Authorize City Manager, City Manager designee or Public Works Director to execute $99,745 purchase order with JIG Consultants for Professional Engineering Design Services for Sunny Hills-Twilight Area Water Main Replacement Project.
3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services and perform the required budget transfers within the approved spending limits.
PUBLIC HEARINGS (Items 15 - 17)
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.
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) (Continued from December 6, 2022)
15. The City owns approximately 2.05 acres of real property at 212 East Santa Fe Avenue .
On December 4, 2018, the City entered into an Exclusive Negotiation Agreement (ENA), with the Developer, West Park Investments, LLC and Parkwest Contractors to develop a portion, approximately 1.66 acres, of a City owned public parking lot at the southwest corner of East Santa Fe Avenue and South Pomona, into an upscale boutique hotel.
Recommendation:
1. Open the public hearing and receive testimony from the public regarding proposed sale of the Property.
2. Close the public hearing.
3. Adopt Resolution No. 2022-XXX by a 4/5th majority vote.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA OVERRULING ALL PROTESTS RECEIVED
AND FINDING THAT DISPOSTION OF THE PROEPRTY IS IN THE INTEREST OF
AND FOR THE CONVENIENCE OF THE PUBLIC
4. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, 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 033-030-18) AND AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS ACTION December 20, 2022 - Page 8
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2022 TRIENNIAL EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
AND CALIFORNIA FIRE CODE
16. City Council unanimously voted to introduce the first reading of ordinances to adopt the 2022 Triennial Edition of the California Building Codes and California Fire Codes by reference on November 15, 2022. City Council may adopt the ordinances following the second reading.
Recommendation:
Adopt the following ordinances:
ORDINANCE NO. 3316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 14 OF THE FULLERTON MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE WITH LOCAL AMENDMENTS, INCLUDING APPENDICES I, J, P; THE 2022 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE WITH LOCAL AMENDMENTS, INCLUDING APPENDICES AH, AX, AZ; THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE; THE 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE AND THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE
ORDINANCE NO. 3317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 13, CHAPTER 13.20 OF THE FULLERTON MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA
FIRE CODE WITH LOCAL AMENDMENTS
MILLS ACT CONTRACT BETWEEN CITY OF FULLERTON AND OWNER OF HISTORIC PROPERTY AT 330 WEST WHITING AVENUE
17. Consideration of a Mills Act Contract for property located at 330 West Whiting Avenue for the preservation, rehabilitation and maintenance of the historic property.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A MILLS ACT CONTRACT
BETWEEN THE CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 330 WEST WHITING AVENUE IN THE FORM OF AN HISTORIC PROPERTY
PRESERVATION AGREEMENT
2. Authorize Director of Community and Economic Development to review subsequent updated schedules of improvements and maintenance items provided by the property owner pursuant to the Historic Property Preservation Agreement prior to the tenth anniversary of the Agreement and every tenth anniversary thereafter and make minor modifications to requirements in keeping with the intent of the contract.
REGULAR BUSINESS (Item 18)
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MAPLE NEIGHBORHOOD CENTER OPERATIONS18.
City Council directed staff to present costs for providing an after -hours private facility rental program at the Maple Neighborhood Center at the May 17, 2022 Council Meeting .
Staff will present different options and costs for providing a private facility rental program to City Council.
Recommendation:
The City Manager ’s Office recommends City Council direct the Parks and Recreation Department to hold a community meeting to gather public input on desired use of the Maple Neighborhood Center.
OR
Direct staff to implement one of the following alternative options:
Alternative 1: Direct the Parks and Recreation Department to operate the Maple Neighborhood Center solely as a private rental facility. Approve an additional $ 114,790 appropriation in the Parks and Recreation Department operating budget for the remaining seven months of FY 2022-23 and approve transferring $ 60,910 of the appropriations from the General Fund and $53,880 from rental revenue.
Alternative 2: Direct staff to negotiate a lease agreement with the YMCA of Orange County to operate the Maple Neighborhood Center and provide neighborhood services and an after -hours private rental program using City Council -approved policies and fees .
Direct staff to return to City Council for approval of the draft lease agreement for the Maple Neighborhood Center.
Alternative 3: Direct the Parks and Recreation Department to operate the Maple Neighborhood Center as a private rental facility and provide a youth program. Approve an additional $ 197,950 appropriation in the Parks and Recreation Department operating budget for the remaining seven months of FY 2022-23 and approve transferring $ 144,170 of the appropriations from the General Fund and $58,880 from rental revenue.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, January 3, 2023
• DIRECT COMMITTEE APPOINTMENTS
• FINDINGS FOR TELECONFERENCED MEETINGS
• SERRANO YERMO VIA CALIENTE AREA STREET REHABILITATION PROJECT • SEWER MASTER PLAN UPDATE AND ON CALL CONSULTANT CONTRACT • ASSOCIATED ROAD WATER MAIN REPLACEMENT
• 120 WILSHIRE APPEAL RATIFICATION
• THE PINES
• TELECONFERENCED MEETINGS AFTER EMERGENCY DECLARATION RESCINDED • ANNUAL RULES OF PROCEDURE REVIEW
• REGIONAL ADVISORY BODY APPOINTMENTS
Tuesday, January 17, 2023
• AT-LARGE COMMITTEE APPOINTMENTS
• DECEMBER 2022 CHECK REGISTER
• TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD December 20, 2022 - Page 10
Fullerton City Council | Successor Agency Agenda
• CATCH BASIN CONNECTOR PIPE SCREEN PROJECT
• HERMOSA AREA WATER MAIN REPLACEMENT
• NEW AND REVISED FEES FOR PUBLIC WORKS RELATED SERVICES • SHOE CITY BILLBOARD
• FLOOD ORDINANCE UPDATE
• CED STAFFING
• TRAFFIC SAFETY INITIATIVES UPDATE
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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