City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MARCH 4, 2025 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. Fred Jung Shana Charles Nick Dunlap Mayor (District 1) Mayor Pro Tem (District 3) Council Member (District 2) Jamie Valencia Ahmad Zahra Council Member (District 4) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA MARCH 4, 2025 - 5:00 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 2700 North Harbor Boulevard, Fullerton, CA 92835 Agency Negotiator: Senior Administrative Analyst Edgar Rosales, Administrative Analyst Rachel Castanon Negotiating Parties: American Golf Under Negotiations: Price and Terms 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 120 East Santa Fe Avenue, Fullerton, CA 92832 (APN 033- 030-18) Agency Negotiator: City Manager Eric J. Levitt, Director of Community and Economic Development Sunayana Thomas, Elizabeth Hull, Best, Best & Krieger Negotiating Parties: Westpark Investments, LLC and TA Partners Under Negotiations: Price and Terms 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: City of Fullerton v. Commonwealth & Harbor LLC Case Number: OCSC Case No. 30-2024-01405276-CL-UD-CJC And Name of Case: Commonwealth & Harbor, LLC; 100 N. Harbor LLC v. City of Fullerton Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 2  Case Number: OCSC Case 30-2024-01401832-CU-EI-CJC 4. 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 March 4, 2025 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MARCH 4, 2025 - 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 1. CERTIFICATE: Fullerton Bears Cheer 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 (Items 1 - 2) 1. CITY REPRESENTATION - REGIONAL ADVISORY BODY AND WORKGROUP APPOINTMENTS Proposed Motion: 1. Appoint representatives, as appropriate, to the following regional advisory bodies for terms expired or vacated in 2024 and early 2025: · Santa Ana River Flood Protection Agency Representative - no specific term · Water Advisory Committee of Orange County / Municipal Water District of Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 4  Orange County Representative - no specific term · Fullerton Museum Association Board of Trustees Representative - four-year term expiring December 2028 · Orange County Power Authority Board Representative - two-year term expiring January 2027. 2. Reaffirm or adjust all other regional advisory body appointments for the 2025 calendar year. 2. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Proposed Motion: 1. Council Member Zahra make the following direct appointment: a. Planning Commission - unscheduled vacancy for term expiring December 31, 2026. 2. Ratify appointment. CONSENT CALENDAR (Items 1 - 10) 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. FEBRUARY 18, 2025 MEETING MINUTES Proposed Motion: Approve February 18, 2025 City Council / Successor Agency Meeting Minutes. 2. FULLERTON MUNICIPAL CODE AMENDMENTS REGARDING HOUSING INCENTIVE OVERLAY ZONE COURTESY NOTIFICATION HEIGHT STANDARDS - SECOND READING OF ORDINANCE Proposed Motion: Adopt Ordinance No. 3337. ORDINANCE NO. 3337 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE SECTION 15.08.060 AND SECTION 15.23.050 REGARDING COURTESY NOTIFICATION AND AMENDING TABLE 15.17.075.D REGARDING BUILDING HEIGHT RESTRICTIONS RELATING TO THE HOUSING INCENTIVE OVERLAY ZONE PROGRAM 3. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROPOSED AMENDED RULES 1111 AND 1121 REGARDING NATURAL GAS-FIRED FURNACES AND WATER HEATERS OPPOSITION LETTER Proposed Motion: 1. Adopt Resolution No. 2025-XXX. RESOLUTION NO. 2025-XXX - A RESOLUTION OF THE CITY OF FULLERTON, CALIFORNIA, OPPOSING SCAQMD RULES 1111 AND 1121 RELATED TO GAS POWERED CENTRAL FURNACES AND AIR EMISSIONS FROM RESIDENTIAL NATURAL GAS-POWERED WATER HEATERS Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 5  2. Authorize Mayor to sign a letter requesting South Coast Air Quality Management District Governing Board delay considering and/or adopting Proposed Amended Rules 1111 and 1121 which ban natural gas-fired furnaces and water heaters. 4. RESIDENTIAL ZONES LANDSCAPING REQUIREMENTS REPORT Proposed Motion: Receive and file. 5. EMERGENCY MANAGEMENT PERFORMANCE GRANT AUTHORIZATION Proposed Motion: 1. Adopt Resolution No. 2025-XXX. RESOLUTION NO. 2025-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CITY MANAGER, FIRE CHIEF AND DEPUTY FIRE CHIEF TO EXECUTE STATE AND FEDERAL AGREEMENTS AND ANY RELATED DOCUMENTS NECESSARY TO APPLY FOR AND OBTAIN FISCAL YEAR 2024, FISCAL YEAR 2025 AND FISCAL YEAR 2026 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) FUNDS 2. Authorize City Manager, or designee, to appropriate receipt and use of EMPG funds upon award in Grant Fund (Fund 32). 6. 1855 WEST AVENUE DISABLED PERSON PARKING Proposed Motion: Adopt Resolution No. 2025-XXX. RESOLUTION NO. 2025-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON’S PARKING ZONE IN FRONT OF 1855 WEST AVENUE 7. 2024 EAST COMMONWEALTH AVENUE DISABLED PERSON PARKING Proposed Motion: Adopt Resolution No. 2025-XXX. RESOLUTION NO. 2025-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON’S PARKING ZONE IN FRONT OF 2024 EAST COMMONWEALTH AVENUE 8. EUCLID STREET AND VALLEY VIEW DRIVE INTERSECTION SIGNALIZATION RECOMMENDATION Proposed Motion: 1. Approve new traffic signal installation at the Euclid Street and Valley View Drive intersection. 2. Direct Director of Public Works to seek grant funding opportunities for traffic signal construction at Euclid Street and Valley View Drive. 9. TEMPORARY USE AGREEMENT WITH NORTH ORANGE COUNTY COMMUNITY Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 6  COLLEGE DISTRICT FOR THE LEMON / WHITING PARKING STRUCTURE Proposed Motion: Authorize City Manager to execute and administer the Temporary Use Agreement with North Orange County Community College District for Lemon / Whiting Avenue Parking Structure and make amendments necessary to facilitate implementation, in a form approved by City Attorney. 10. $1,249,643 PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ACTIVE TRANSPORTATION PROGRAM, CYCLE 6, NUTWOOD AVENUE BICYCLE AND PEDESTRIAN MOBILITY ENHANCEMENT PROJECT DESIGN Proposed Motion: 1. Approve scope and fee and authorize City Manager, or designee, to execute a $1,249,643 Professional Services Agreement with Kimley-Horn and Associates, Inc. for Active Transportation Program (ATP), Cycle 6, Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project design services. 2. Authorize Director of Administrative Services, or designee, to issue $1,249,643 purchase order to Kimley-Horn and Associates, Inc., for ATP, Cycle 6, Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project. 3. Authorize Public Works Director, or designee, to approve any change orders for professional engineering services within the approved project budget. PUBLIC HEARINGS (Item 11) 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. SHORT-TERM RENTAL AT 1850 EDGECLIFF DRIVE PERMIT APPEAL A request to consider appeal of a December 11, 2024 Planning Commission decision to allow continued operation of a partial-home, Short-Term Rental (STR) at 1850 Edgecliff Drive. Proposed Motion: Deny appeal and allow STR-2023-0038 to continue to operate, subject to Resolution No. PC-2024-38 stipulating that the approval remains valid for an additional six months, after which staff will present a status report to the Planning Commission outlining any STR performance or activity issues at the subject property. REGULAR BUSINESS (Items 12 - 15) 12. FULLERTON MUNICIPAL CODE SECTION 7.105.020 - CAMPING UNLAWFUL AND CHAPTER 7.36 - OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES PROPOSED AMENDMENTS Staff evaluated regulatory updates regarding public rights -of-way obstruction to ensure public spaces remain safe, accessible and conducive to community well -being. Staff recommends amending Fullerton Municipal Code Chapter 7.36 to enhance regulations governing unauthorized personal property storage and public space obstruction. Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 7  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 SECTION 7.105.020 (CAMPING UNLAWFUL) AND CHAPTER 7.36 (OBSTRUCTING PUBLIC PLACES AND PUBLIC FACILITIES) OF THE FULLERTON MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE USE OF PUBLIC RIGHTS-OF-WAY AND FACILITIES FOR STORAGE OF PERSONAL ITEMS OR AS A PLACE TO SIT, SLEEP OR LIE DOWN 13. FULLERTON MUNICIPAL CODE CHAPTER 7.108 - PROTECTION OF CRITICAL INFRASTRUCTURE PROPOSED AMENDMENTS Staff recommends City Council approve an amendment to Fullerton Municipal Code Chapter 7.108 regarding protection of critical infrastructure to clarify definitions, refine prohibited activities and adjust designated protection distances to improve enforceability and consistency with public safety objectives. 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, REPEALING AND REPLACING CERTAIN SECTIONS OF FULLERTON MUNICIPAL CODE CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE), WHICH REGULATIONS PROHIBIT THE PRESENCE OF PERSONS AND THEIR PERSONAL PROPERTY IN AND NEAR CRITICAL INFRASTRUCTURE 14. CHARTER CITY COMPARISON AND PROCESS This report compares general law and charter city governance and outlines the process to become a charter city. Proposed Motion: Direct staff to further investigate and pursue next steps for charter city governance. 15. RETIRED ANNUITANT APPOINTMENT TO INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES Ratify employment agreement with Kingsley Okereke to serve as Interim Director of Administrative Services. Proposed Motion: Adopt Resolution No. 2025-XXX. RESOLUTION NO. 2025-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RATIFYING AN EMPLOYMENT AGREEMENT RETAINING KINGSLEY OKEREKE AS THE INTERIM DIRECTOR OF ADMINISTRATIVE SERVICES IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) Fullerton City Council | Successor Agency Agenda March 4, 2025 - Page 8 ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, March 18, 2025 • 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD • AGREEMENT WITH GRACE MINISTRIES FOR SURPLUS LAND PURCHASE • CLASSIFICATION PLAN UPDATE • ANNUAL PROGRESS REPORT • DISPOSITION OF HUNT LIBRARY FURNITURE • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • VACANCIES AND RECRUITMENT AND RETENTION EFFORTS STATUS REPORT Tuesday, April 1, 2025 • SAFETY ELEMENT • WATER MASTER PLAN AND RATE STUDY • CITY OPERATED AMBULANCE PROGRAM PROPOSAL 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 March 4, 2025 - Page 9