303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - JANUARY 16, 2024
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
JANUARY 16, 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
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
1. Significant Exposure to Litigation: One Case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 3535 West Commonwealth Avenue, Fullerton, CA 92833 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez
Negotiating Parties: Dyer 18 LLC
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
3. Property: 2701 Nutwood Avenue, Fullerton, CA 92831
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trustees of the California State University, Marriott
Under Negotiations: Price and Terms
PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1)4.
Title: Chief of Police
PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1)
5. Title: City Manager
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West January 16, 2024 - Page 2
Fullerton City Council | Successor Agency Agenda
Commonwealth Avenue, Fullerton, California.
January 16, 2024 - Page 3
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
JANUARY 16, 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
PROCLAMATION: Korean American Day1.
CERTIFICATE: Adopt-A-Park2.
CERTIFICATE: Orange County Register Tennis Player of the Year3.
CERTIFICATE: Life Saving Incident Recognition4.
CERTIFICATE: Ann Gread, Fullerton Heritage5.
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)
CITY REPRESENTATION - REGIONAL ADVISORY BODIES AND WORKGROUPS1.
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Recommendation:
Appoint representatives, as appropriate, to the following regional advisory bodies for terms expired or vacated in 2023:
· Orange County Vector Control Board (Primary, Alternate - Stipulate if two or four year term)
· Fullerton Investment Advisory Committee (Primary, Alternate - Term ending December 31, 2024).
COMMISSION / COMMITTEE / BOARD APPOINTMENTS2.
Recommendation:
1. Mayor Dunlap make the following direct appointment:
a. Community Development Citizens’ Committee - unexpired term ending December 31, 2024.
2. Mayor Pro Tem Jung make the following direct appointment:
a. Library Board of Directors - term ending December 31, 2026.
3. Council Member Charles make the following direct appointment:
a. Library Board of Directors - term ending December 31, 2026.
4. Council Member Zahra make the following direct appointment:
a. Parks and Recreation Commission - unexpired term ending December 31, 2026.
5. Ratify appointments.
CONSENT CALENDAR (Items 1 - 14)
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 19, 2023 MEETING MINUTES1.
Recommendation:
Approve December 19, 2023 City Council / Successor Agency Meeting Minutes.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
Recommendation:
Receive and file.
DECEMBER 2023 CHECK REGISTER3.
Recommendation:
Receive and file.
ADMINISTRATIVE CITATION FEE AMENDMENT - SECOND READING OF
ORDINANCE
4. January 16, 2024 - Page 5
Fullerton City Council | Successor Agency Agenda
Recommendation:
Adopt Ordinance No. 3329.
ORDINANCE NO. 3329 - 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
CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR
PROTECTION - SECOND READING OF ORDINANCE
5. Recommendation:
Adopt Ordinance No. 3328.
ORDINANCE NO. 3328 - 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
ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023
6. Recommendation:
Receive and file.
RECOGNIZED OBLIGATI O N P A Y M E N T S C H E D U L E 2 0 2 4 - 2 5 A N D ADMINISTRATIVE BUDGET ALLOWANCE PER ASSEMBLY BILL 1X26 AND 1484 AND SENATE BILL 107
7. Recommendation:
Adopt Resolution No. SA 2024-XX.
RESOLUTION SA 2024-XX - A RESOLUTION OF THE SUCCESSOR AGENCY OF
THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2023-24 AND
ADMINISTRATIVE BUDGET ALLOWANCE (PERIOD COVERING JULY 1, 2024 - JUNE 30, 2025)
FISCAL YEAR 2024-25 BUDGET PROCESS OVERVIEW8.
Recommendation:
Receive and file.
LEMON PARK MAPLE CENTER UPDATE9.
Recommendation:
Receive and file.
CITY COUNCIL MEETING RULES OF PROCEDURE AND DECORUM ANNUAL REVIEW
10. Recommendation:
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Provide staff direction for changes to the resolution, otherwise, receive and file.
BOARD, COMMISSION AND COMMITTEE RULES OF PROCEDURE AND
DECORUM ANNUAL REVIEW
11. Recommendation:
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE
AND DECORUM FOR BOARD, COMMISSION AND COMMITTEE MEETINGS AND REPEALING RESOLUTION NO. 2022-069
CELLULAR TOWER LEASE AMENDMENT WITH VB RUN, LLC FOR CITY OWNED REAL PROPERTY AT 2100 NORTH GILBERT STREET
12. Recommendation:
1. Approve amendment number two to lease agreement with VB Run, LLC for continued operation and maintenance of Telecommunication Facilities located at 2100 North Gilbert Street with a commencement date determined on final Building Permit.
2. Authorize City Manager to execute lease agreements on behalf of the City of Fullerton, in a form approved by the City Attorney.
3. Authorize purchase of Clock Tower fixture for $1.00.
HUNT LIBRARY REVITALIZATION PROJECT PHASE FIVE SITE IMPROVEMENTS
PROJECT
13. Recommendation:
1. Approve plans and specifications for Hunt Library Revitalization Project Phase Five - Site Improvements Project.
2. Approve the following budget adjustments and transfers to Project 55050 Hunt Library Revitalization Project (Fund 74):
· $232,934 Building Forward Grant from Project 55060 Hunt Library Technology Revitalization to Project 55050 Hunt Library Revitalization Project. · $75,000 Refuse Collection Funds (Fund 46) from fund balance to Project 55050 Hunt Library Revitalization Project.
· $186,900 Infrastructure Funds (Fund 11) from Project 55057 Annual Citywide ADA Improvements Project to Project 55050 Hunt Library Revitalization Project.
3. Award $524,840 construction contract to Towo Enterprise Inc. for Hunt Library Revitalization Phase Five - Site Improvements Project and authorize City Manager, or designee, to execute contract, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
MAINTENANCE SERVICES AGREEMENT AMENDMENT NUMBER ONE WITH GRAFFITI PROTECTIVE COATINGS, INC. FOR GRAFFITI REMOVAL SERVICES
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Recommendation:
1. Approve Amendment Number One to Maintenance Services Agreement to expand the scope of service with Graffiti Protective Coatings, Inc. ( GPC) and extend agreement for up to three additional one -year terms for graffiti removal services and authorize City Manager, or designee, to execute and administer the amendment, in a form approved by the City Attorney.
2. Approve $216,000 budget appropriation from General Fund (Fund 10) unassigned fund balance to Public Works Street Program (Program 2419).
3. Authorize City Manager to extend Maintenance Services Agreement with GPC for up to three additional one-year terms.
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 15 - 17)
UNION PACIFIC TRAIL PHASE TWO UPDATED PROPOSAL15.
Council Member Zahra requested, supported by Council Member Charles, to bring this item back for consideration on December 19, 2023. City Council continued the item to January 16, 2024. Staff prepared a revised plan for the Union Pacific Trail Phase Two project as an option to address California Natural Resources Agency and Council Member concerns.
Recommendation:
1. Direct City Manager proceed with updated Union Pacific Trail Phase Two concept (presented on January 16, 2024) and appropriate $330,000 from Park Dwelling (Fund 39) fund balance to Project 54260 Union Pacific Trail Phase Two Project in Capital Projects Fund (Fund 74).
OR
2. Reaffirm August 15, 2023 City Council direction to City Manager to reapproach the State of California Natural Resources Agency and continue to explore an alternate project for the grant.
PARK DWELLING FEE ALLOCATION AND PROXIMITY REQUIREMENTS FOR
FUND EXPENDITURE
16. City Council requested a review of Park Dwelling Fees and Fund administration and use to consider requiring fees used within a certain distance from the new home construction initiating the fee. Staff presented this item to City Council on October 17, 2023. City Council voted to continue the item to a future meeting.
Recommendation:
Direct staff to proceed with one of the following options:
Option 1: Make no changes to the Park Dwelling Fee ordinance to allow the use of funds throughout the City.
Option 2: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City use 50% of fees collected from housing development projects with more than 20 dwelling units within two January 16, 2024 - Page 8
Fullerton City Council | Successor Agency Agenda
miles of that housing development project.
Option 3: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City allocate 50% of fees collected from housing development projects with more than 20 dwelling units to the park(s) located closest to the development project generating the Park Dwelling Fees. This option would prioritize funding for the parks most impacted by the development project while ensuring flexibility to redirect funds to the next closest park if needed.
CHIEF OF POLICE EMPLOYMENT AGREEMENT17.
Ratification of an employment agreement with Jonathan Radus to serve as Chief of Police.
Recommendation:
1. Authorize Mayor to execute an Employment Agreement appointing Jonathan Radus as Chief of Police effective January 16, 2024 and setting forth terms and conditions of employment.
2. Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SALARY
SCHEDULE FOR CITY COUNCIL APPOINTED POSITIONS IN
ACCORDANCE WITH REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 570.5
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, February 6, 2024
• SHORT TERM RENTAL UPDATE
• TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2023 • ON-CALL PROFESSIONAL ENGINEERING CONSULTANT SERVICES
• RANCHO VERONA AREA WATER MAIN REPLACEMENT
• CROWN AREA WATER MAIN REPLACEMENT
• FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT
• BASQUE AVENUE STREET AND STORM DRAIN REHABILITATION
• AB STREAMLINING ACT ORDINANCE
• NOISE REGULATIONS AND STANDARDS MUNICIPAL CODE AMENDMENTS • REPUBLIC SERVICES UPDATE AND AMENDMENT
• SCAG ANNUAL CONFERENCE DELEGATES
• SECOND QUARTER FINANCIAL REPORT AND MID-YEAR BUDGET AMENDMENTS • FIREWORKS ANNUAL REPORT
• OVERNIGHT PARKING BAN ORDINANCE
• YOUTH COMMISSION STRUCTURE
• SENIOR COMMISSION ESTABLISHMENT
Tuesday, February 20, 2024
• JANUARY 2024 CHECK REGISTER
• REQUEST FOR PROPOSAL AGREEMENT FOR GRANT WRITING SERVICES • REQUEST FOR PROPOSAL AGREEMENT FOR LEGISLATIVE SERVICES • FLOOD ORDINANCE UPDATE
ADJOURNMENT
January 16, 2024 - Page 9
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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.
January 16, 2024 - Page 10
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