City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - DECEMBER 19, 2023 303 West Commonwealth Avenue, Fullerton, California 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 cityclerksoffice@cityoffullerton.com 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. Nick Dunlap Fred Jung Shana Charles Mayor (District 2) Mayor Pro Tem (District 1) Council Member (District 3) Bruce Whitaker Ahmad Zahra Council Member (District 4) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA DECEMBER 19, 2023 - 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 1. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: Chief of Police 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 2515 San Carlos Drive, Fullerton, CA 92831 Agency Negotiator: Deputy City Manager Daisy Perez Negotiating Parties: Bridge Boxing Club Under Negotiations: Price and Terms 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 1737 West Roberta Avenue, Fullerton, CA 92833 Agency Negotiator: Deputy City Manager Daisy Perez Negotiating Parties: Higher Ground Under Negotiations: Price and Terms 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA v. City of Fullerton Case Number: OCSC 30-2017-00952643 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Divyakumar Arora v. Anaheim Police, et al. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 2  Case Number: OCSC 30-2023-01358961 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership, Inc. v. City of Fullerton Case Number: OCSC 30-2022-01281840 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Destiny Forcone v. City of Fullerton Case Number: OCSC 30-2022-01254741 8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Anne Hamilton v. City of Fullerton, et al. Case Number: OCSC 30-2022-01254996 9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Langenbacher, et al. v. City of Fullerton, Fullerton P.D. Case Number: OCSC 30-2022-01296035 10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: A.R.L (Amber Leon) by and through her mother, Yakzeny Martinez and Yakzeny Martinez, Individually v. City of Fullerton, et al. Case Number: FDC 8:21-cv-00929-FWS (JDEx) 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Setsuko (Sutsuko) Mori v. City of Fullerton Case Number: OCSC 30-2021-01230299 12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Jacob Poozhikala; JP23 Hospitality Co. Inc. v. City of Fullerton, et al. Case Number: OCSC 30-2021-01234852 13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Mari Ramirez, Chelsea Ramirez and Deja Ortiz v. City of Fullerton, Grant Morey Minor Client: City of Fullerton Case Number: OCSC 30-2023-01322104 14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 3  Code Section 54956.9(d)(1) Name of Case: Elizabeth Herrera Ruiz v. City of Fullerton Case Number: OCSC 30-2022-01274613 15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Magdalena Sanchez v. City of Fullerton Case Number: OCSC 30-2022-01263620 16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: William Serrano III v. City of Fullerton et al. Case Number: OCSC 30-2013-01344859 17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Estate of Noah Weatherly v. City of Fullerton Case Number: OCSC 30-2018-01037224 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. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 4  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA DECEMBER 19, 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 ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT 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 - 11) 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. 1. DECEMBER 5, 2023 MEETING MINUTES Recommendation: Approve December 5, 2023 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 5 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. NOVEMBER 2023 CHECK REGISTER Recommendation: Receive and file. 4. FISCAL YEAR 2022-23 DONATIONS RECEIVED AND USED Recommendation: Receive and file report. 5. AMENDMENT TWO TO AGREEMENT WITH ILLUMINATION FOUNDATION FOR HOMELESS SHELTER SERVICES Recommendation: 1. Direct City Manager to extend the agreement with Illumination Foundation for six months, ensuring 20 beds per night per existing agreement terms. 2. Authorize City Manager, or designee, to execute and administer Amendment Number Two to the American Rescue Plan Act Subrecipient Agreement with Illimitation Foundation, in a form approved by City Attorney. 3. Amend Purchase Order to include new six-month agreement. 6. CLASSIFICATION PLAN UPDATE FOR SENIOR CIVIL ENGINEER - WATER, WATER PRODUCTION SUPERVISOR, WATER QUALITY SUPERVISOR, WATER QUALITY LEAD WORKER AND WATER SYSTEMS MANAGER POSITIONS Recommendation: 1. Approve revision to Fiscal Year 2023-24 Public Works Personnel Summary to reflect the following: · Replace one Senior Civil Engineer with one Senior Civil Engineer - Water · Replace one Water Qualify Specialist with one Water Quality Supervisor · Replace one Water Utility Services Lead Worker with one Water Quality Lead Worker. 2. Adopt Resolution No. 2023-XXX . RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2023-052 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) APPENDIX A AND RESOLUTION NO. 2023-053 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 6 7. CITY PARTICIPATION IN STATE OF CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES PROGRAM FOR PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORT INTERGOVERNMENTAL TRANSFER Recommendation: 1. Authorize City Manager, or designee, to issue and execute $875,000 Purchase Order for City participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer program administered by the State of California Department of Health Care Services. 2. Approve $655,000 budget appropriation from available General Fund (Fund 10) fund balance to Fire Department Fire EMS Program (Subprogram 246). 8. FISCAL YEAR 2022-23 DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT Recommendation: Review and file “Parkland Acquisition and Park Facilities Development Impact Fee (Park Dwelling Fee) Annual Report Fiscal Year 2022-23” and “Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2022-23” compliance reports. 9. FISCAL YEAR 2022-23 MEASURE M2 EXPENDITURE REPORT Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE CITY OF FULLERTON MEASURE M2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2023 10. PROFESSIONAL SERVICES AGREEMENTS WITH NORTHERN DIGITAL, INC., TETRA TECH AND WEST YOST FOR ON-CALL SUPERVISORY CONTROL AND DATA ACQUISITION INTEGRATION SERVICES Recommendation: 1. Authorize City Manager, or designee, to execute Professional Services Agreements and future amendments with Northern Digital, Inc., Tetra Tech and West Yost, in a form approved by the City Attorney. 2. Authorize the Director of Administrative Services, or designee, to issue annual purchase orders to these firms, in an amount not to exceed $500,000, on an as-needed basis. 11. VALENCIA DRIVE CONNECTOR STREET NAME ASSIGNMENT Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ASSIGNING THE NAME OF THE ROADWAY SEGMENT BETWEEN SOUTH RAYMOND AVENUE AND EAST VALENCIA DRIVE AS Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 7  EAST VALENCIA WAY PUBLIC HEARINGS (Item 12) 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. 12. NOISE REGULATIONS AND STANDARDS MUNICIPAL CODE AMENDMENTS Amendments to Fullerton Municipal Code Chapter 15.90 (Noise Standards and Regulation) and Chapter 3.08 (Entertainment) pertaining to noise standards and regulations. Recommendation: 1. Find project exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15061 (B)(3). 2. Introduce Ordinance No. 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, AMENDING FULLERTON MUNICIPAL CODE TITLES 3 AND 15 PERTAINING TO NOISE STANDARDS FOR PROPERTIES ZONED C-3 (CENTRAL BUSINESS DISTRICT, COMMERCIAL) AND G-C (GENERAL COMMERCIAL) AND OTHER RELATED NOISE PROVISIONS WITHIN THE CODE REGULAR BUSINESS (Items 13 - 16) 13. PROPOSED CHANGES TO RULES OF PROCEDURE ON CITY COUNCIL ADDING ITEMS TO AGENDA AND MAYOR / MAYOR PRO TEM SELECTION REVIEW AND POSSIBLE ACTION Mayor Dunlap and Mayor Pro Tem Jung requested agendizing two items for consideration - review the procedure for City Council adding agenda items and review the Mayor and Mayor Pro Tem rotation policy. Recommendation: The proposed changes by the Mayor and Mayor Pro Tem are: · If an item has previously been voted on by the City Council that it cannot be agendized for one year unless three City Council members request it. · Change the Mayor and Mayor Pro Tem policy to a majority vote on both and eliminate rotation part of the policy. 14. 45-DAY MORATORIUM ON CONVERSION AND / OR CHANGE OF EXISTING SENIOR RESTRICTED MOBILEHOME PARK Council Members Zahra and Charles requested City Council consider a 45-day Senior mobilehome park moratorium ordinance prohibiting the conversion of any mobile home park currently in the City of Fullerton from seniors-only mobile home park to accepting residents of all ages. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 8  Recommendation: 1. Find request exempt from the California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15060(c)(2), 15060(c)(3). 2. Adopt Urgency Ordinance No. XXXX. ORDINANCE NO. XXXX - AN URGENCY ORDINANCE OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE CONVERSION / CHANGE OF ANY MOBILE HOME PARK CURRENTLY EXISTING IN THE CITY OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY 15. CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR PROTECTION Consideration of regulations to protect critical infrastructure within the City of Fullerton and designate certain parcels and structures as critical infrastructure. The regulations would mitigate potential threats to public health, safety and welfare by prohibiting the presence of persons camping and camp paraphernalia in, on or near critical infrastructure. Recommendation: 1. Introduce Ordinance No. 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, AMENDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS) SECTION 7.105.020 (CAMPING UNLAWFUL) AND ADDING CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE) ESTABLISHING REGULATIONS PROHIBITING THE PRESENCE OF PERSONS AND THEIR PERSONAL PROPERTY IN, ON OR NEAR CRITICAL INFRASTRUCTURE 2. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA DESIGNATING SPECIFIED LOCATIONS AS CRITICAL INFRASTRUCTURE FOR PURPOSES OF FULLERTON MUNICIPAL CODE CHAPTER 7.108 PROTECTION OF CRITICAL INFRASTRUCTURE 16. ADMINISTRATIVE CITATION FEE AMENDMENT TO UPDATE THE FEE SCHEDULE PREVIOUSLY SET BY RESOLUTION NO. 2019-17 Proposed amendment to Fullerton Municipal Code Title 1 (Administrative Citations) to provide more effective code enforcement and implement changes from California Senate Bills 60 and 427. Recommendation: 1. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 9  ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 1 CHAPTER 1.10 RELATING TO ADMINISTRATIVE CITATIONS 2. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AMOUNTS FOR FINES IMPOSED FOR CODE VIOLATIONS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 1.10.050 ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, January 2, 2024 • MEETING CANCELLED Tuesday, January 16, 2024 • ANNUAL COMMITTEE APPOINTMENTS • REGIONAL ADVISORY BODY APPOINTMENTS • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • DECEMBER 2023 CHECK REGISTER • AMENDMENT ONE TO AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC. • FLOOD ORDINANCE UPDATE • REVIEW MAPLE CENTER OPERATIONS • UNION PACIFIC TRAIL (CONTINUED FROM DECEMBER 5, 2023 COUNCIL MEETING) • PARK DWELLING FEES • CONSIDERATION OF EXISTING OVERNIGHT PARKING BAN ORDINANCE • REVIEW OF YOUTH COMMISSION STRUCTURE • SENIOR COMMISSION ESTABLISHMENT 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. Fullerton City Council | Successor Agency Agenda December 19, 2023 - Page 10