303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - JANUARY 3, 2023
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
JANUARY 3, 2023 - 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: Californians for Homeownership v. City of Fullerton Case Number: OCSC Case No. 30-2022-01281840
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: 2701 Nutwood Avenue, Fullerton, CA 92831 (APN 029-180-34) Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trustees of the California State University, Marriott
Under Negotiations: Price and Terms
ADJOURNMENT
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
JANUARY 3, 2023- 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
CITY REPRESENTATION - REGIONAL ADVISORY BODIES AND WORKGROUPS1.
Recommendation
1. Appoint representatives, as appropriate, to the following regional advisory bodies for terms expired or vacated in 2022:
· Orange County Sanitation District Board (Primary - no specific term) · Fullerton Investment Advisory Committee (Primary, Alternate - Term ending December 31, 2023)
· Fullerton Sports Field Users’ Committee (Alternate - No specific term) · Metropolitan Water District Board of Directors (Primary - four-year term) January 3, 2023 - Page 3
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· North Orange County Cities Joint Powers Authority Board of Directors (Primary - no specific term)
2. Review and reaffirm all other advisory body appointments with unexpired terms or no specific term end date.
COMMISSION / COMMITTEE / BOARD APPOINTMENTS2.
Recommendation:
1. Mayor Jung make the following direct appointment:
a. Transportation and Circulation Commission - unexpired term ending December 31, 2024.
2. Council Member Charles make the following direct appointments:
a. Active Transportation Committee - term ending December 31, 2026 b. Community Development Citizens’ Committee - term ending December 31, 2026 c. Infrastructure and Natural Resources Advisory Committee - term ending December 31, 2026
d. Parks and Recreation Commission - term ending December 31, 2026 e. Planning Commission - term ending December 31, 2026
f. Transportation and Circulation Commission - term ending December 31, 2026.
3. Council Member Zahra make the following direct appointment:
a. Active Transportation Committee - term ending December 31, 2026 b. Community Development Citizens’ Committee - term ending December 31, 2026 c. Infrastructure and Natural Resources Advisory Committee - term ending December 31, 2026
d. Library Board of Trustees - term ending December 31, 2025 e. Parks and Recreation Commission - term ending December 31, 2026 f. Planning Commission - term ending December 31, 2026
g. Transportation and Circulation Commission - term ending December 31, 2026.
4. Council Member Dunlap make the following direct appointment:
a. Library Board of Trustees - term ending December 31, 2025.
5. Ratify appointments.
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.
DECEMBER 20, 2022 MEETING MINUTES1.
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Fullerton City Council | Successor Agency Agenda
Recommendation:
Approve December 20, 2022 City Council / Successor Agency Meeting Minutes.
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
2. Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-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
APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT (ZON-2020-0035) AT 120 WEST WILSHIRE AVENUE (120 FULLERTON)
3. Recommendation:
1. Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING AN APPEAL AND
OVERTURNING 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
HUNT LIBRARY REVITALIZATION PROJECT - BUILDING FORWARD LIBRARY
INFRASTRUCTURE GRANT FUNDING FOR HUNT LIBRARY VIDEO AND ACCESS
CONTROL IMPROVEMENTS
4. Recommendation:
1. Approve Amendment Number One to Wachter, Inc. Professional Services Agreement and authorize City Manager, or designee, to execute and administer agreements and related documents, in a form approved by the City Attorney.
2. Authorize City Manager, or designee, to execute any change orders within approved project budget to implement and maintain video and access control needs at the Hunt Library.
SEWER MASTER PLAN UPDATE AND ON -CALL CONSULTANT CONTRACT AWARD
5. Recommendation:
1. Approve $300,000 budget transfer and appropriation of Sewer Enterprise Funds (Fund 47) from 51419 Annual Sewer Replacement Program to Project 51500 Sewer Master Plan.
2. Authorize City Manager, or designee, to execute a $434,055 Professional Services Agreement with Dudek to update the City ’s Sewer Master Plan, in a form approved by January 3, 2023 - Page 5
Fullerton City Council | Successor Agency Agenda
the City Attorney.
3. Authorize City Manager, Public Works Director or designee to negotiate , execute and administer annual on -call Professional Services Agreements with Dudek to provide sewer system related studies and updates for Fiscal Years 2023-24 through 2033-34, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for consultant services within approved project budget.
ASSOCIATED ROAD WATER MAIN REPLACEMENT - YORBA LINDA
BOULEVARD TO BASTANCHURY ROAD
6. Recommendation:
1. Approve plans and specifications for Associated Road Water Main Replacement - Yorba Linda Boulevard to Bastanchury Road Project 53046.
2. Approve $1,685,000 budget transfer from Project 53250 Water Main System Replacement to Project 53046 Associated Road Water Main Replacement - Yorba Linda Boulevard to Bastanchury Road Project (Fund 44).
.
3. Award $1,339,100 construction contract for Associated Road Water Main Replacement - Yorba Linda Boulevard to Bastanchury Road Project to Big Ben, Inc . and authorize City Manager, or designee, to execute 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.
SERRANO-YERMO-VIA CALIENTE AREA STREET REHABILITATION PROJECT7.
Recommendation:
1. Approve plans and specifications for the Serrano -Yermo-Via Caliente Area Street Rehabilitation Project.
2. Approve $740,000 budget transfer of American Rescue Plan Act (ARPA) Revenue Replacement Funds (Fund 74) from Project 44589 Residential Street Program to Project 44066 Serrano -Yermo-Via Caliente Area Street Rehabilitation Project (Fund 74).
3. Award $633,000 construction contract for the Serrano -Yermo-Via Caliente Area Street Rehabilitation Project to Onyx Paving Company, Inc. and authorize City Manager, or designee, to execute 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.
PUBLIC HEARINGS (Item 8)
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 January 3, 2023 - Page 6
Fullerton City Council | Successor Agency Agenda
hearing.
THE PINES AT SUNRISE VILLAGE REDEVELOPMENT - ROSECRANS AVENUE
AND EUCLID STREET
8. The applicant proposes redeveloping a 12.52-acre site located in a portion of the Sunrise Village Shopping Center at the southwest corner of Euclid Street and Rosecrans Avenue .
The project involves demolition of 104,300 square feet of existing on -site uses and construction of a 113-dwelling unit residential community, including 49 detached single-family residential homes and 64 attached townhomes. The project will retain and remodel an existing 4,000 square foot building used by the Red Cross for commercial purposes.
Recommendation:
1. Adopt the following resolutions:
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION, INCLUDING ANALYSIS OF THE POTENTIAL ENVIRONMENTAL
EFFECTS OF THE PROJECT, PROJECT DESIGN FEATURES, STANDARD
CONDITIONS, MITIGATION MEASURES AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE PINES AT SUNRISE VILLAGE PROJECT ON A
12.52-ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID
STREET AND ROSECRANS AVENUE
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A 113-DWELLING UNIT RESIDENTIAL COMMUNITY, INCLUDING 49 DETACHED SINGLE-FAMILY RESIDENTIAL HOMES AND 64 TOWNHOMES, RETENTION OF AN EXISTING 4,000 SQUARE FEET COMMERCIAL BULIDING AND
CONSTRUCTION OF 19,000 SQARE FEET OF NEW COMMERCIAL SPACE ON A
12.52-ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID
STREET AND ROSECRANS AVENUE
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 19148 TO CREATE A MIXED -USE RESIDENTIAL AND COMMERCIAL
SUBDIVISION WITH TWO LOTS FOR CONDOMINIUM PURPOSES AND THREE LOTS FOR COMMERCIAL PURPOSES ON A 12.52 ACRE PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS
AVENUE
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A GENERAL PLAN REVISION
TO CHANGE THE COMMUNITY DEVELOPMENT TYPE FROM COMMERCIAL TO LOW / MEDIUM DENSITY RESIDENTIAL ON 9.93 ACRES OF A 12.52-ACRE
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND
ROSECRANS AVENUE
2. Introduce the following ordinances for first reading by title only and waive further reading of the ordinances:
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY January 3, 2023 - Page 7
Fullerton City Council | Successor Agency Agenda
OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO
CHANGE THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (G-C) TO PLANNED RESIDENTIAL DEVELOPMENT - INFILL (PRD-I) ON A 9.93-ACRE
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND
ROSECRANS AVENUE AND PROVIDE CLARIFYING AMENDMENTS TO TABLE
15.20.130.B AND 15.20.140.A FOR CERTAIN STANDARDS INTERNAL TO A
DEVELOPMENT
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE PINES AT SUNRISE VILLAGE ON A 12.52-ACRE PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS
AVENUE
REGULAR BUSINESS (Item 9 - 10)
TELECONFERENCED MEETINGS AFTER CALIFORNIA EMERGENCY
DECLATION RESCINDED
9. Staff requests direction for teleconferenced meeting accommodations following recission of the statewide emergency declaration.
Recommendation:
Staff recommends continued use of teleconference technology for public comments, committee meeting broadcasts and staff and consultant participation in public meetings and continue to take roll call votes. This recommendation would apply to all City of Fullerton legislative bodies subject to the California Brown Act.
ANNUAL REVIEW OF RULES OF PROCEDURE AND DECORUM FOR CITY
COUNCIL MEETINGS
10. City Council annually reviews its Rules of Procedure and Decorum for City Council Meetings and considers adjustments to the Rules of Procedure for future City Council meetings.
Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO . 2022-013
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, January 17, 2023
• MENTORING MONTH PRESENTATION
• AT LARGE APPOINTMENTS
• DECEMBER 2022 CHECK REGISTER
• TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD • CATCH BASIN CONNECTOR PIPE SCREEN PROJECT
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Fullerton City Council | Successor Agency Agenda
• HERMOSA AREA WATER MAIN REPLACEMENT
• RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2022 23
• SHOE CITY BILLBOARD
• NEW AND REVISED FEES FOR PUBLIC WORKS RELATED SERVICES • FLOOD ORDINANCE UPDATE
• CED STAFFING
• TRAFFIC SAFETY INITIATIVES UPDATE
Tuesday, February 7, 2023
• OUTGOING COMMISSIONER RECOGNITION
• EMERGENCY DECLARATION TELECONFERENCED MEETINGS
• TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2022 • 2022 FIREWORKS REPORT AND 2023 PLANNING
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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