303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - DECEMBER 19, 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.
Nick Dunlap
Mayor (District 2)
Bruce Whitaker
Council Member (District 4)
Fred Jung
Mayor Pro Tem (District 1)
Ahmad Zahra
Council Member (District 5)
Shana Charles
Council Member (District 3)
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
PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1)1.
Title: Chief of Police
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. 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
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
3. Property: 1737 West Roberta Avenue, Fullerton, CA 92833 Agency Negotiator: Deputy City Manager Daisy Perez
Negotiating Parties: Higher Ground
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
4. Name of Case: Air Combat USA v. City of Fullerton
Case Number: OCSC 30-2017-00952643
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
5. Name of Case: Divyakumar Arora v. Anaheim Police, et al.
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Case Number: OCSC 30-2023-01358961
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
6. Name of Case: Californians for Homeownership, Inc. v. City of Fullerton Case Number: OCSC 30-2022-01281840
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
7. Name of Case: Destiny Forcone v. City of Fullerton
Case Number: OCSC 30-2022-01254741
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
8. Name of Case: Anne Hamilton v. City of Fullerton, et al.
Case Number: OCSC 30-2022-01254996
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
9. Name of Case: Langenbacher, et al. v. City of Fullerton, Fullerton P.D.
Case Number: OCSC 30-2022-01296035
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
10. 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)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
11. Name of Case: Setsuko (Sutsuko) Mori v. City of Fullerton Case Number: OCSC 30-2021-01230299
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
12. Name of Case: Jacob Poozhikala; JP23 Hospitality Co. Inc. v. City of Fullerton, et al.
Case Number: OCSC 30-2021-01234852
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
13. 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government 14.
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Code Section 54956.9(d)(1)
Name of Case: Elizabeth Herrera Ruiz v. City of Fullerton Case Number: OCSC 30-2022-01274613
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
15. Name of Case: Magdalena Sanchez v. City of Fullerton Case Number: OCSC 30-2022-01263620
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
16. Name of Case: William Serrano III v. City of Fullerton et al.
Case Number: OCSC 30-2013-01344859
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
17. 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.
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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.
DECEMBER 5, 2023 MEETING MINUTES1.
Recommendation:
Approve December 5, 2023 City Council / Successor Agency Meeting Minutes.
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MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
Recommendation:
Receive and file.
NOVEMBER 2023 CHECK REGISTER3.
Recommendation:
Receive and file.
FISCAL YEAR 2022-23 DONATIONS RECEIVED AND USED4.
Recommendation:
Receive and file report.
AMENDMENT TWO TO AGREEMENT WITH ILLUMINATION FOUNDATION FOR
HOMELESS SHELTER SERVICES
5. 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.
CLASSIFICATION PLAN UPDATE FOR SENIOR CIVIL ENGINEER - WATER,
WATER PRODUCTION SUPERVISOR, WATER QUALITY SUPERVISOR, WATER
QUALITY LEAD WORKER AND WATER SYSTEMS MANAGER POSITIONS
6. 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
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CITY PARTICIPATION IN STATE OF CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES PROGRAM FOR PUBLIC PROVIDER GROUND EMERGENCY
MEDICAL TRANSPORT INTERGOVERNMENTAL TRANSFER
7. 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).
FISCAL YEAR 2022-23 DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT
8. 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.
FISCAL YEAR 2022-23 MEASURE M2 EXPENDITURE REPORT9.
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 M 2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2023 PROFESSIONAL SERVICES AGREEMENTS WITH NORTHERN DIGITAL, INC .,
TETRA TECH AND WEST YOST FOR ON -CALL SUPERVISORY CONTROL AND
DATA ACQUISITION INTEGRATION SERVICES
10. 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.
VALENCIA DRIVE CONNECTOR STREET NAME ASSIGNMENT11.
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 December 19, 2023 - Page 7
Fullerton City Council | Successor Agency Agenda
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.
NOISE REGULATIONS AND STANDARDS MUNICIPAL CODE AMENDMENTS12.
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)
PROPOSED CHANGES TO RULES OF PROCEDURE ON CITY COUNCIL ADDING
ITEMS TO AGENDA AND MAYOR / MAYOR PRO TEM SELECTION REVIEW AND
POSSIBLE ACTION
13. 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.
45-DAY MORATORIUM ON CONVERSION AND / OR CHANGE OF EXISTING
SENIOR RESTRICTED MOBILEHOME PARK
14. 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.
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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
CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR
PROTECTION
15. 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
ADMINISTRATIVE CITATION FEE AMENDMENT TO UPDATE THE FEE SCHEDULE PREVIOUSLY SET BY RESOLUTION NO. 2019-17
16. 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.
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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.
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