City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - DECEMBER 3, 2024 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 3, 2024 - 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 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC 30-2022-01281840 2. 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 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 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 3, 2024 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA DECEMBER 3, 2024 - 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 (Item 1) 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Proposed Motion: Ratify the Youth Advisory Committee principal appointments from the following schools for terms ending August 31, 2025: · Sonora Hills High School. CONSENT CALENDAR (Items 1 - 10) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 3 Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action. 1. NOVEMBER 19, 2024 MEETING MINUTES Proposed Motion: Approve November 19, 2024 City Council / Successor Agency Meeting Minutes. 2. FISCAL YEAR 2023-24 DONATIONS RECEIVED AND USES Proposed Motion: Receive and file. 3. CLASSIFICATION PLAN UPDATE RELATING TO A MINIMUM WAGE INCREASE This item would update hourly rates for non-regular employees in compliance with Labor Code Section 1182.12(c) minimum wage requirements and take effect on January 1, 2025. Staff presents an alternative resolution should California Proposition 32 pass for consideration. Proposed Motion: Adopt Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2024-035 APPENDIX A RELATING TO NON-REGULAR EMPLOYEE PAY Or, if Proposition 32 passes: Adopt Alternate Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2024-035 APPENDIX A RELATING TO NON-REGULAR EMPLOYEE PAY 4. PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION RELATING TO HOLIDAY HOURS Proposed Motion: Adopt Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION DATED DECEMBER 3, 2024 5. MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2023-2024 Proposed Motion: Adopt Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 4  REPORT FOR THE CITY OF FULLERTON FOR THE FISCAL YEAR ENDING JUNE 30, 2024 6. FISCAL YEAR 2023-24 DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT Proposed Motion: Receive and file. 7. FISCAL YEAR 2024-25 STREET REHABILITATION PROJECTS Proposed Motion: Receive and file. 8. POLICE DEPARTMENT PATROL VEHICLES PURCHASE Proposed Motion: Approve $441,348.72 purchase of eight Ford Police Interceptor Utility Vehicles from National Auto Fleet Group, through Sourcewell cooperative purchasing agreement (Contract No. 091521-NAF). 9. CONTRACT WITH TOWO ENTERPRISE, INC. FOR FULLERTON COMMUNITY CENTER EMERGENCY GENERATOR PROJECT Proposed Motion: 1. Approve Fullerton Community Center Emergency Generator Project plans and specifications. 2. Approve $495,000 Equipment Maintenance Funds (Fund 67) budget transfer and appropriation from fund balance to Project 54053 Fullerton Community Center Emergency Generator Project in Capital Projects Fund (Fund 74). 3. Award $528,200 construction contract for Fullerton Community Center Emergency Generator Project to Towo Enterprises, Inc. and authorize City Manager, or designee, to execute and administer the contract, in a form approved by the City Attorney. 4. Authorize Administrative Services Director, or designee, to issue a purchase order not to exceed $315,000 to Quinn Power through Sourcewell cooperative to purchase an emergency generator. 5. Authorize Public Works Director, or designee, to approve change orders for construction and professional engineering construction support services within the approved project budget. 10. CONTRACT WITH PETROCHEM MATERIALS INNOVATION, LLC. FOR MISCELLANEOUS SLURRY SEAL - DOWNTOWN AREA Proposed Motion: 1. Approve Miscellaneous Slurry Seal - Downtown Area Project plans and specifications. 2. Approve $285,000 General Fund (Fund 10) budget transfer and appropriation from Project 44400 Arterial Street Program to Project 44701 Miscellaneous Slurry Seal - Downtown Area within the Capital Projects Fund (Fund 74). Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 5  3. Award $229,057.80 construction contract for Miscellaneous Slurry Seal - Downtown Area Project to Petrochem Materials Innovation, LLC. 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 change orders for construction and professional engineering construction support services within the approved project budget. PUBLIC HEARINGS (Items 11 - 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. 11. 6TH CYCLE (2021-2029) HOUSING ELEMENT, HOUSING INCENTIVE OVERLAY PROGRAM ENVIRONMENTAL IMPACT REPORT, FULLERTON GENERAL PLAN LAND USE ELEMENT PORTION AMENDMENT TO IMPLEMENT HOUSING INCENTIVE OVERLAY PROGRAM AND HOUSING INCENTIVE OVERLAY ZONE (Continued from November 19, 2024 meeting) City Council continued review of the Draft Housing Element for the 6th Cycle (2021-2029) and proposed Housing Incentive Overlay Zone (HIOZ) from November 19, 2024. Staff made revisions as directed at the November 19, 2024 meeting. Proposed Motion: 1. Adopt the following resolutions: RESOLUTION NO. 2024 - XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA AMENDING THE FULLERTON PLAN BY ADOPTING THE 6TH CYCLE HOUSING ELEMENT TO REPLACE APPENDIX H (HOUSING ELEMENT) AND CHAPTER 2 (HOUSING) RESOLUTION NO. 2024 - XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATING TO A HOUSING INCENTIVE OVERLAY PROGRAM RESOLUTION NO. 2024 - XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE FULLERTON GENERAL PLAN BY AMENDING THE FULLERTON PLAN FULLERTON BUILT ENVIRONMENT PORTION TABLES AND EXHIBITS AND ADOPTING A REVISED APPENDIX C TO INCORPORATE THE HOUSING INCENTIVE OVERLAY DESIGNATION INTO THE FULLERTON PLAN 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 Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 6  SECTIONS 15.08.020 AND 15.17.070 AND ADDING CHAPTERS 15.18 AND 15.23 RELATING TO THE HOUSING INCENTIVE OVERLAY ZONE PROGRAM ESTABLISHMENT AND RELATED DEVELOPMENT STANDARDS AND AMENDING THE OFFICIAL FULLERTON ZONING MAP BY APPLYING THE “-HI” ZONING OVERLAY DESIGNATION TO CERTAIN COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES 12. WEST WILSHIRE, WOODS AND WICKETT SQUARE NEIGHBORHOOD HISTORIC PRESERVATION AREA ZONE CHANGE REQUEST The applicants request a Zoning Amendment to rezone properties in the West Wilshire, Woods and Wickett Square Neighborhood to create a new historic preservation area. Proposed Motion: 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, APPROVING A ZONE CLASSIFICATION CHANGE FROM “R-1-7.2” TO “R-1-7.2P” AND FROM “R-3” TO “R-3P” ON PROPERTIES LOCATED IN THE WEST WILSHIRE, WOODS AND WICKETT SQUARE NEIGHBORHOOD, GENERALLY DESCRIBED AS THE PROPERTIES BOUNDED BY WILSHIRE AVENUE, WOODS AVENUE, DRAKE AVENUE AND CHAPMAN AVENUE 13. MILLS ACT CONTRACTS BETWEEN CITY OF FULLERTON AND PROPERTY OWNERS OF HISTORIC PROPERTIES AT 156 HILLCREST DRIVE, 444 WEST BROOKDALE PLACE, 516 WEST AMERIGE AVENUE AND 800 GRANDVIEW AVENUE Consideration of Mills Act Contracts for historic property preservation, rehabilitation and maintenance for properties located at 156 Hillcrest Drive, 444 West Brookdale Place, 516 West Amerige Avenue, 800 Grandview Avenue. Proposed Motion: 1. Adopt the following resolutions: RESOLUTION NO. 2024-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 156 HILLCREST DRIVE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT RESOLUTION NO. 2024-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 444 WEST BROOKDALE PLACE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT RESOLUTION NO. 2024-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 516 WEST AMERIGE AVENUE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 7  RESOLUTION NO. 2024-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 800 GRANDVIEW 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 (Agreement) prior to the tenth anniversary of the Agreement and every tenth anniversary thereafter. 14. ZONING CODE AMENDMENTS PERTAINING TO TATTOO PARLORS (Continued from November 19, 2024 City Council meeting) City Council continued this item to consider Fullerton Municipal Code (FMC) Title 15 Zoning amendments related to tattoo parlor regulations on November 19, 2024 to this meeting. Proposed Motion: 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 15 ZONING INCLUDING SECTIONS 15.040.040 DEFINITIONS AND 15.55.020 SPECIAL USES PERMITTED WITH PROVISIONS, SUBSECTION E TATTOO PARLORS REGULAR BUSINESS (Item 15) 15. RETIRED ANNUITANT APPOINTMENT TO POLICE SERVICES REPRESENTATIVE II POSITION Staff requests approval of a retired annuitant appointment to the Police Services Representative II position to fill a critical need for specialized knowledge and skills while the City recruits and trains a new Police Services Representative II. Proposed Motion: Adopt Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, EXCEPTING THE 180-DAY WAITING PERIOD FOR RETIRED ANNUITANTS IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND 22121(h) ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, December 17, 2024 • CITY COUNCIL REORGANIZATION • FULLERTON SISTER CITY ASSOCIATION PRESENTATION Tuesday, January 7, 2025 Fullerton City Council | Successor Agency Agenda December 3, 2024 - Page 8 • CHAPMAN PARKING LEASE • NOVEMBER 2024 CHECK REGISTER • DIRECT COMMITTEE APPOINTMENTS • COMMITTEE RULES OF PROCEDURE REVIEW • CITY COUNCIL RULES OF PROCEDURE REVIEW • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • CITY REPRESENTATION - REGIONAL ADVISORY BODIES AND WORKGROUPS • SOUTH RAYMOND AVENUE CUL-DE-SACS INFRASTRUCTURE IMPROVEMENTS 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 3, 2024 - Page 9