2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section (b). Number of Cases: One

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1 Anticipated Litigation Existing Litigation CITY OF FULLERTON CITY COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION AGENDA MAY 5, 2009, 5:00 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL PUBLIC COMMENTS - Public comments will be allowed on matters appearing on the closed session agenda. RECESS to Closed Session CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section Property: Agency Negotiator: Negotiating Parties: Under Negotiations: 3001 Pearl Drive, Fullerton, CA Joe Felz, Director of Parks and Recreation Bradley & Kymberly Morrison, Bryan Reed, Don Y. & Janice Hung, Tr., Ferial Maghami, Tr., Garbiel & W. L. Ornelas, Tr., George T. & Teri L. Davis, George Ybarra, Hassan Tabatabai Jolfai, Tr., Jennifer & Suu Van Tran, John & Sonia Nunes, Tr., Joseph & Nicki Aleo, Mario & Pia Savan, Maureen Johnson, Tr., Miguel & Benedicta Alegria, Ming Ge, Phillip L. & Loretta Feldman, Richard & Ana Hentschel, Richard T. Vonner, Tr., Ricky B. & Dorothy N. Mianato, Robert K. Ellis, Robert Messner, Rodrigo Lomeli, Roman & Isabel Escalera, Ronnie Allen Lyles, Ruth E. Madsen, Tr., Shiela McDonald, Tony Debbas, Ujinobu Niwa, Tr., Yukie Takeuchi Price and terms 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section (b). Number of Cases: One May 5, 2009, Page 1

2 ADJOURNMENT - The next regular City Council/Redevelopment Agency meeting will be held on May 5, 2009, at 6:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. May 5, 2009, Page 2

3 CITY OF FULLERTON CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING AGENDA MAY 5, 2009, 6:30 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Service Recognition Dennis Hittle, Retirement Plaque Former Airport Noise and Safety Committee Member, Jeffrey Harris Former Citizens Infrastructure Review Committee Members, Richard Daybell, Allan Olson, and Dorothy Ruhnke Former Community Development Citizens Committee Members, Robert Elliott and Dorothy Ruhnke Former Library Board of Trustees Member, Raymond Kawase Former Planning Commission Member, David Bailey Former Redevelopment Design Review Committee Member, John Silber 2. Crossing Guard of the Year Lorena Saldana 3. Proclamation International Compost Awareness Week May 5, 2009, Page 1

4 4. Recognition Truslow Park Community Partners PUBLIC COMMENTS - Public comments will be allowed on matters not appearing on the agenda, but within Council/Redevelopment Agency's jurisdiction. INTERVIEWS/APPOINTMENTS 1. INTERVIEW AND APPOINT ONE AT-LARGE MEMBER TO THE PARKS AND RECREATION COMMISSION Recommendation by the Office of the City Clerk: 1. Conduct interviews of at-large candidates for the Parks and Recreation Commission (one vacancy). 2. Appoint one at-large member to the Parks and Recreation Commission for a term expiring 12/31/12. CONSENT CALENDAR (Items 1 through 11) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the Council, staff, or public request specific items be discussed and/or removed from the Consent Calendar for separate action. 1. MINUTES April 21, 2009 Recommendation by the Office of the City Clerk: Approve the April 21, 2009 City Council/Redevelopment Agency Minutes. 2. PLACENTIA AVENUE RECONSTRUCTION QUARTZ LANE TO SOUTH OF MADISON AVENUE Recommendation by the Engineering Department: 1. Approve the plans and specifications for the Placentia Avenue Reconstruction project, from Quartz Lane to 660 feet south of Madison Avenue. 2. Award the contract for the Placentia Avenue Reconstruction project to Pena Grading & Demolition, Inc. in the amount of $569, May 5, 2009, Page 2

5 3. MAGNOLIA AVENUE RECONSTRUCTION COMMONWEALTH AVENUE TO ASH AVENUE Recommendation by the Engineering Department: 1. Approve plans and specifications for the Magnolia Avenue Reconstruction Project Commonwealth Avenue to Ash Avenue. 2. Award a construction contract to R.J. Noble Company for the Magnolia Avenue Reconstruction Project in the amount of $616, CERTIFICATION OF WEED ABATEMENT COSTS Recommendation by the Community Development Department: Adopt Resolution No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONFIRMING THE SCHEDULE OF COSTS INCURRED IN THE REMOVAL OF WEED AND RUBBISH NUISANCES AND ASSESSING EACH PARCEL OF PROPERTY FOR THE AMOUNT OF SUCH COSTS AS SHOWN IN SAID SCHEDULE 5. ACQUISITION OF EASEMENTS FOR RIGHT-OF-WAY PURPOSES OVER A PORTION OF 604, 613, 616, 619, 623, 701 AND 705 N. HARBOR BOULEVARD AND APPROVAL OF PLANS FOR STREET IMPROVEMENTS Recommendation by the Engineering Department: 1. Authorize staff to acquire easements over the properties referenced herein, and authorize the Director of Engineering to execute, on behalf of the City, those documents, in a form approved by the City Attorney, necessary for the successful acquisition of the easements to be acquired. 2. Approve the plans and specifications for the Harbor Boulevard Reconstruction project, and authorize the Director of Administrative Services to advertise for bids. 6. COUNTY OF ORANGE CITY AID PROGRAM AGREEMENT FOR FISCAL YEAR 2009/10, AGREEMENT NO. D Recommendation by the Engineering Department: Authorize the Mayor to execute the County of Orange City Aid Program Agreement for Fiscal Year 2009/10, Agreement No. D09-013, with the County of Orange. May 5, 2009, Page 3

6 7. EUCLID STREET AND HILTSCHER TRAIL SIGNAL PROJECT Recommendation by the Engineering Department: 1. Approve plans and specifications for the Euclid Street and Hiltscher Trail Signal Project. 2. Award the contract for the Euclid Street and Hiltscher Trail Signal Project to Pro Tech Engineering Corporation in the amount of $63, ABANDONMENT AB (SUB ) Recommendation by the Engineering Department: Adopt Resolution of Intention No RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING ITS INTENTION TO ABANDON A 20- FOOT TO 26-FOOT WIDE AND 190-FOOT LONG PUBLIC ALLEY TO THE UNDERLYING IN FEE PROPERTY OWNERS ON PROPERTIES LOCATED AT 501, 509, 511, 515 NORTH POMONA AVENUE; 119 EAST CHAPMAN AVENUE; AND ASSESSOR S PARCEL NUMBER APPEAL OF ARBITRATOR S OPINION AND ADVISORY AWARD Recommendation by the Human Resources Department: Adopt the Findings, Determination and Order. 10. PROPOSED TWO-YEAR BUDGET FOR FISCAL YEARS AND Recommendation by the Administrative Services Department: Receive the Proposed Budget, refer the document to the City s commissions and committees for comment, and schedule the public hearings on the budget to begin on June 1, 2009, at 4:00 p.m. 11. MAINTENANCE SERVICES PARKING ADDITION Recommendation by the Engineering Department: 1. Approve a budget transfer in the amount of $150,000 from the Sewer Enterprise Fund to Project No Maintenance Services Parking Addition. May 5, 2009, Page 4

7 2. Approve the specifications for the Morehouse Demolition project. 3. Award the contract for the Morehouse Demolition project to Pena Grading and Demolition in the amount of $78,724. PUBLIC HEARINGS (Items 12 through 15) Pursuant to California Government Code Section 65009, if you challenge the decision of the City Council/Redevelopment Agency 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. 12. CITIZEN PARTICIPATION PLAN AMENDMENT To be eligible to apply for federal grants, the City of Fullerton is required to approve a Citizen Participation Plan. Recommendation by the Community Development Department: Approve the Citizen Participation Plan Amendment dated May ONE-YEAR ACTION PLAN The One-Year Action Plan includes the Community Development Citizens Committee s funding recommendations for the City s Community Development Block Grant Program. Recommendation by the Community Development Department: 1. Approve the 2009 One-Year Action Plan. 2. Approve the Community Development Block Grant Program budget. 3. Approve the proposed HOME Investment Partnership Program as detailed in the 2009 One-Year Action Plan. 4. Authorize staff to submit the 2009 One-Year Action Plan to the U.S. Department of Housing and Urban Development requesting $1,499,366 in Community Development Block Grant funds and $722,664 in HOME Investment Partnership funding. 5. Authorize the Community Development Director to execute the Community Development Block Grant Agreements with the approved non-profit agencies. May 5, 2009, Page 5

8 14. SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN 2008 ACTION PLAN FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM A substantial amendment to the Fullerton s Consolidated Plan 2008 Action Plan identifying the availability of Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds is required by federal regulations. A public hearing relating to such amendment is required in order to be approved to apply for $622,710 allocation for Fullerton. Recommendation by the Community Development Department: 1. Approve the Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program. 2. Authorize staff to submit the Substantial Amendment and all related documents to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program to the Department of Housing and Urban Development with our request for $622,710 in HPRP funding. 15. THE CONTINUED JOINT PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED REDEVELOPMENT PLAN FOR THE MERGED FULLERTON REDEVELOPMENT PROJECT AREA, AMENDMENT NO. 1 Consider holding the continued joint public hearing on the approval of the proposed Redevelopment Plan for the Merged Fullerton Redevelopment Project Area, Amendment No. 1 (Amendment). The purpose of Amendment No. 1 is to add territory (approximately 1,164 acres) to the existing Merged Fullerton Redevelopment Project Area. Recommendation by the Redevelopment and Economic Development Department: 1, Hold the continued joint public hearing on the proposed Amendment, receive public testimony, close public testimony portion of the joint public hearing, and consider adoption of the proposed Amendment at the June 16, 2009 meeting. OR 2. Suspend the holding of the joint public hearing on the proposed Amendment. May 5, 2009, Page 6

9 REGULAR BUSINESS (Items 16 through 18) 16. RESOLUTION FOR FULLERTON GIFT TICKET POLICY A new FPPC regulation regulates the use of gift tickets received by the City. Under the regulation the City must adopt an official gift ticket distribution policy if the City intends to distribute gift tickets to its officials. Recommendation by the City Attorney: Adopt Resolution No , adopting a ticket distribution policy. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A TICKET DISTRIBUTION POLICY 17. COUNCIL UPDATE ON DOWNTOWN AND GANG SUPPRESSION ACTIVITIES Staff will present an update on the current status of the City s ongoing activities in the downtown area, as well as a report on efforts aimed at gang suppression and youth intervention. Recommendation by Administration: Receive and file subject report and provide direction as appropriate. 18. MAIN LIBRARY EXPANSION AND REMODEL PROJECT PROGRESS REPORT This item is a progress update for the Main Library Expansion and Remodel project. Recommendation by the Engineering/Library/Redevelopment and Economic Development Departments: Receive and file subject report. COUNCIL/REDEVELOPMENT AGENCY/STAFF COMMUNICATIONS (Council may ask a question for clarification, make a brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.) AGENDA FORECAST MAY 19, 2009 Regular Session 6:30 pm May 5, 2009, Page 7

10 March Financials Interviews/Appointments Commissions/Committees ERMC Lawrence Avenue Storm Drain Balcom Channel to Commonwealth Wilshire/Euclid Alley Storm Drain Business Improvement District (BID) Formation Consultant Budget Appropriation Capital Projects Report Study Sessions Resolution JUNE 1, 2009 Special Meeting 4 pm Public Hearing 09/10 Budget JUNE 2, 2009 Special Meeting 4 pm Public Hearing 09/10 Budget ADJOURNMENT - The next City Council/Redevelopment Agency closed session meeting will be held on May 19, 2009, at 5:00 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California; and the next regular City Council/ Redevelopment Agency meeting will be held on May 19, 2009, at 6:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. A tape of today s Council/Redevelopment Agency meeting will be rebroadcast on Time Warner Cable Channel 3 at 6:00 p.m. the Wednesday and Sunday immediately following the meeting. May 5, 2009, Page 8