303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - JANUARY 17, 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 17, 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
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
1. Agency Representative: Eddie Manfro
Employee Organization/s: 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: Lourdes Toman, et al. v. Jerry Glomboske, et al.
Case Number: USDC Case No.:SACV20-00046-DIC(KESx)
CLOSED SESSION
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
JANUARY 17, 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
PRESENTATION: Mentoring Month1.
PROCLAMATION: Korean American Day2.
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
COMMISSION / COMMITTEE / BOARD APPOINTMENTS1.
Recommendation:
1. Interview Panel make recommendations for the following at-large appointments. a. Infrastructure and Natural Resources Committee - two full terms ending December 31, 2026.
b. Investment Advisory Committee - two full terms ending December 31, 2026.
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2. Ratify appointments.
CONSENT CALENDAR (Items 1 - 13)
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.
JANUARY 3, 2023 MEETING MINUTES1.
Recommendation:
Approve January 3, 2023 City Council / Successor Agency Meeting Minutes.
THE PINES AT SUNRISE VILLAGE REDEVELOPMENT - SECOND READING OF
ORDINANCES
2. Recommendation:
Adopt the following ordinances:
ORDINANCE NO. 3318 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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. 3319 - 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 COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
3. Recommendation:
Receive and file report.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT4.
Recommendation:
Receive and file.
DECEMBER 2022 CHECK REGISTER5.
Recommendation:
Receive and file.
FISCAL YEAR 2023-24 BUDGET PROCESS OVERVIEW6.
Recommendation:
Receive and file.
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RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET ALLOWANCE FY 2023-24 AND ADMINISTRATIVE BUDGET
ALLOWANCE PER ASSEMBLY BILLX 1X26 AND 1484 AND SENATE BILL 107
7. Recommendation:
Adopt Resolution No. SA 2023-XX.
RESOLUTION NO. SA 2023-XX - A RESOLUTION OF THE SUCCESSOR AGENCY
OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2023-24 AND
ADMINISTRATIVE BUDGET ALLOWANCE (PERIOD COVERING JULY 1, 2023 - JUNE 30, 2024)
FRIENDSHIP CITY WITH SEONGNAM, REPUBLIC OF KOREA8.
Recommendation:
Ratify the executed Letter of Intent between City of Fullerton and Seongnam, Republic of Korea and any other related documents to formally establish a Friendship City relationship with the City of Seongnam, Republic of Korea.
LOCUST DRIVE EARLY MORNING PARKING RESTRICTION REPEAL9.
Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING THE “EARLY MORNING PARKING” RESTRICTION ON BOTH SIDES OF LOCUST DRIVE BETWEEEN
VALENCIA DRIVE AND OAK AVENUE
FLASHING BEACON PEDESTRIAN SYSTEM10.
Recommendation:
1. Approve plans and specifications for the Flashing Beacon Pedestrian System Project.
2. Approve the following budget transfers and appropriations:
· $35,000 of Gas Tax Funds (Fund 30) from 46930 Multi -Modal Enhancement Program to 46025 Flashing Beacon Pedestrian System (Fund 74) · $90,000 of Gas Tax Funds (Fund 30) from 46027 Traffic Signal Operation Enhancement Program to 46025 Flashing Beacon Pedestrian System (Fund 74).
3. Award $367,316 construction contract for Flashing Beacon Pedestrian System Project to California Professional Engineering, 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.
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PEDESTRIAN SIGNAL COUNTDOWN HEAD INSTALLATION11.
Recommendation:
1. Approve plans and specifications for Pedestrian Signal Countdown Head Installation Project.
2. Approve $8,700 budget transfer and appropriation of Gas Tax Funds (Fund 74) from 46930 Multi -Modal Enhancement Program to 46026 Pedestrian Signal Countdown Head Installation (Fund 74).
3. Award $96,390 construction contract for Pedestrian Signal Countdown Head Installation to Yunex Traffic 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.
CATCH BASIN CONNECTOR PIPE SCREEN INSTALLATION PROJECT FY 2022-2312.
Recommendation:
1. Approve the following budget transfers and appropriations:
· Appropriate $173,761 of OCTA Measure M 2 Environmental Cleanup Tier 1 Grant to Project 52697 Catch Basin Connector Pipe Screen Project (Fund 74). · Transfer and appropriate $42,226 of Drainage Capital Outlay Funds (74) from Project 52696 Catch Basin Connector Pipe Screen FY 2021-22 to Project 52697 Catch Basin Connector Pipe Screen FY 2022-23 Project (Fund 74).
2. Approve and authorize City Manager, Public Works Director or designee to execute and administer $195,481 agreement with G 2 Construction, Inc. of Garden Grove for installation of full capture trash inserts in existing catch basins, as approved by the City Attorney.
3. Authorize Public Works Director, or designee, to approve any future change orders within the approved project budget.
HERMOSA AREA WATER MAIN REPLACEMENT13.
Recommendation:
1. Approve plans and specifications for Hermosa Area Water Main Replacement Project 53028.
2. Approve $2,960,000 budget transfer from Project 53250 Water Main System Replacement to Project 53028 Hermosa Area Water Main Replacement (Fund 44).
3. Award $2,381,200 construction contract for the Hermosa Area Water Main Replacement 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.
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PUBLIC HEARINGS (Item 14)
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.
FREEWAY-ORIENTED ELECTRONIC BILLBOARD AT 1604 SOUTH HARBOR
BOULEVARD CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT
14. Planning Commission recommendation to approve a Conditional Use Permit and Development Agreement to allow a freeway -oriented electronic billboard facing the 91 Freeway at 1604 South Harbor Boulevard.
Recommendation:
1. Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR A FREEWAY -ORIENTED ELECTRONIC BILLBOARD ON
PROPERTY ZONED GENERAL COMMERCIAL (G-C) AT 1604 SOUTH HARBOR
BOULEVARD
2. Introduce Ordinance 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 A DEVELOPMENT
AGREEMENT FOR A FREEWAY -ORIENTED ELECTRONIC BILLBOARD TO
PROVIDE THE PROJECT APPLICANT AND THE CITY OF FULLERTON
CERTAIN ASSURANCES WITH RESPECT TO PROJECT APPROVALS AND
OBLIGATIONS
REGULAR BUSINESS (Item 15 - 16)
PARTNERSHIP WITH COUNTY OF ORANGE TO ESTABLISH A TEMPORARY
COLD WEATHER HOMELESS SHELTER AT INDEPENDENCE PARK GYMNASIUM
15. The County of Orange Executive Office seeks a partnership City of Fullerton to establish a temporary cold weather homeless shelter at the Independence Park gymnasium building. The County and the City of Fullerton had previously partnered on a similar temporary shelter at this location during the height of the COVID -19 pandemic.
Recommendation:
Authorize City Manager, or designee, to negotiate with the County of Orange to establish a temporary homeless shelter at the Independence Park gymnasium building and execute and administer agreements and related documents, in a form approved by the City Attorney.
MAPLE NEIGHBORHOOD CENTER OPERATIONS16.
City Council directed staff to hold a community meeting at Lemon Park to gather input from the community on what programs and services they would like to see offered at the Maple Neighborhood Center at the December 20, 2022 Council Meeting. Staff held January 17, 2023 - Page 7
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a community meeting on January 11, 2023 at Lemon Park.
Recommendation:
Option 1. Authorize City Manager, or designee, 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 and execute and administer agreements and related documents, in a form approved by the City Attorney.
Or choose an alternative option:
Option 2: 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.
Option 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, February 7, 2023
• OUTGOING COMMISSIONER RECOGNITION
• TELECONFERENCED MEETINGS EMERGENCY DECLARATION
• TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2022 • TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD • CED STAFFING
• TRAFFIC SAFETY INITIATIVES UPDATE
• 2022 FIREWORKS REPORT AND 2023 PLANNING
Tuesday, February 21, 2023
• CALTRANS MATCHING FUNDS GRANT
• JANUARY 2023 CHECK REGISTER
• COMMITTEE REPORT
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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