303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - NOVEMBER 19, 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
NOVEMBER 19, 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
1. Name of Case: Thomas Barbor v. City of Fullerton, et al.
Case Number: OCSC 30-2018-01028694-CU-OE-NJC
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
2. Name of Case: Setsuko Mori v. City of Fullerton
Case Number: OCSC 30-2021-01230299
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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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
NOVEMBER 19, 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 (Items 1 - 2)
COMMISSION / COMMITTEE / BOARD APPOINTMENTS1.
Proposed Motion:
Ratify the Youth Advisory Committee principal appointments from the following schools for terms ending August 31, 2025:
· Sunny Hills High School
· Buena Park High School
· La Habra High School
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Fullerton City Council | Successor Agency Agenda
· Parks Junior High School
· Ladera Vista Junior High School
· Beechwood Elementary School
· Fisler Elementary School.
COMMISSION / COMMITTEE / BOARD APPOINTMENTS2.
Proposed Motion:
1. Senior Advisory Committee - at-large appointment for term ending December 31, 2027.
2. Ratify appointment.
CONSENT CALENDAR (Items 1 - 18)
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.
OCTOBER 15, 2024 MEETING MINUTES1.
Proposed Motion:
Approve October 15, 2024 City Council / Successor Agency Meeting Minutes.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
Proposed Motion:
Receive and file.
CITY OF FULLERTON CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND UPDATE
3. Proposed Motion:
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, MODIFYING THE CITY OF FULLERTON
CONFLICT OF INTEREST CODE INCLUDING DESIGNATED POSITIONS AS
REQUIRED BY THE POLITICAL REFORM ACT AND REGULATIONS OF THE FAIR
POLITICAL PRACTICES COMMISSION
UPPER GOLDEN HILL NEIGHBORHOOD ZONE CHANGE - SECOND READING OF
ORDINANCE
4. Proposed Motion:
Adopt Ordinance No. 3333.
ORDINANCE NO. 3333 - 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” ON PROPERTIES LOCATED IN THE UPPER
GOLDEN HILL NEIGHBORHOOD, GENERALLY DESCRIBED AS THE PROPERTIES
BOUNDED BY WEST VALLEY VIEW DRIVE, WOODS AVENUE AND RICHMAN November 19, 2024 - Page 4
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AVENUE AND INCLUDING PROPERTIES ON GRANDVIEW AVENUE, FERN DRIVE
AND LOIS LANE
OCTOBER 2024 CHECK REGISTER5.
Proposed Motion:
Receive and file.
TREASURER’S REPORT FOR QUARTER ENDED SEPTEMBER 30, 2024 AND 115
OPEB AND PENSION TRUSTS INVESTMENT STRATEGIES UPDATE
6. Proposed Motion:
Receive and file.
CITY INVESTMENT POLICY UPDATES7.
Proposed Motion:
Approve 2024 Investment Policy updates.
MASTER SOFTWARE SERVICES AGREEMENT WITH OPENGOV, INC. FOR
E-PROCUREMENT SOFTWARE SOLUTION
8. Proposed Motion:
1. Approve Master Software Services Agreement with OpenGov, Inc. for an e-Procurement Software solution and electronic bidding system, in a form approved by the City Attorney.
2. Authorize City Manager, or designee, to execute and administer Master Services Agreement, order forms, purchase orders and /or related documents, in a form approved by the City Attorney.
CLASSIFICATION PLAN UPDATE FOR ELECTRICAL AND HVAC LEAD WORKER
AND MAINTENANCE WORKER SERIES POSITIONS
9. Proposed Motion:
Adopt Resolution No 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING CERTAIN
PERSONNEL CLASSIFICATION PLAN CLASSIFICATION SPECIFICATIONS AND AMENDING RESOLUTION NO. 2023-052 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) APPENDIX A1
PROFESSIONAL SERVICES AGREEMENT WITH BURNHAM BENEFITS
INSURANCE FOR BENEFITS BROKER SERVICES
10. Proposed Motion:
Approve and authorize City Manager, or designee, to execute and administer the Professional Services Agreement and related documents with Burnham Benefits Insurance Services, A BPR Company, in a form approved by City Attorney.
CONTRACT WITH ADMINSURE, INC. FOR WORKERS’ COMPENSATION THIRD
PARTY ADMINISTRATOR SERVICES
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Proposed Motion:
Approve and authorize City Manager, or designee, to execute and administer a Professional Services Agreement with AdminSure, Inc ., in a form approved by City Attorney, for third-party administrator services for the workers’ compensation program.
FULLERTON GOLF COURSE NETTING PROJECT RATIFICATION12.
Proposed Motion:
Ratify and accept completed capital Fullerton Golf Course Netting Project including:
· approve Fullerton Golf Course Netting Project and $511,800 capital project amount · grant City Manager appropriation authority to make budget adjustments within the Brea Dam Fund (Fund 42) for this capital project
· accept AGC ’s informal bid procurement process in lieu of the City capital procurement process and ratify selection of West Coast Netting as the lowest responsible bidder.
AGREEMENT WITH CITY OF SANTA ANA FOR TRANSFER OR PURCHASE OF
EQUIPMENT / SERVICES OR TRAINING COST REIMBURSEMENT FOR FISCAL YEAR 2023 URBAN AREAS SECURITY INITIATIVE
13. Proposed Motion:
1. Approve Agreement for Transfer or Purchase of Equipment / Services or for Reimbursement of Training Costs with the City of Santa Ana for the Fiscal Year 2023 Urban Areas Security Initiative grant program.
2. Authorize City Manager, or designee, to execute the agreement and related documents necessary to participate in the grant program.
3. Authorize City Manager to accept and appropriate grant funding receipt and use.
LEASE AGREEMENT WITH T -MOBILE WEST LLC FOR CELLULAR TOWER OPERATION AND MAINTENANCE AT 312 EAST COMMONWEALTH AVENUE
14. Proposed Motion:
1. Approve lease agreement with T -Mobile West LLC for operation and maintenance of a cellular monopine tower site located at 312 East Commonwealth Avenue, Parcel No. 033-091-21.
2. Authorize City Manager to execute and administer the lease agreement on behalf of the City of Fullerton, in a form approved by the City Attorney.
DESIGN SERVICES CONTRACT WITH WEST YOST FOR SUPERVISORY
CONTROL AND DATA ACQUISITION PLANNING AND ASSESSMENT SERVICES
15. Proposed Motion:
1. Approve West Yost proposal and fee for Supervisory Control and Data Acquisition (SCADA) Planning and Assessment Services.
2. Award $405,598 Purchase Order for SCADA Planning and Assessment Services to West Yost under their existing On -Call SCADA contract and authorize City Manager, or designee, to execute and administer the contract, in a form approved November 19, 2024 - Page 6
Fullerton City Council | Successor Agency Agenda
by the City Attorney.
3. Authorize Public Works Director, or designee, to approve change orders for additional support services within the approved project budget.
CONTRACT WITH OPPENHEIMER NATIONAL FOR VALENCIA PARK
IMPROVEMENTS PROJECT
16. Proposed Motion:
1. Approve Valencia Park Improvements Project plans and specifications.
2. Approve $50,000 budget transfer and Park Dwelling Funds (Fund 39) fund balance appropriation to Project 54055 Valencia Park Improvements within the Capital Projects Fund (Fund 74).
3. Reject the Cali Paving, Inc. bid as non-responsive.
4. Award $367,056 construction contract for Valencia Park Improvements Project to Oppenheimer National and authorize City Manager, or designee, to execute and administer the contract, in a form approved by the City Attorney.
5. Authorize Public Works Director, or designee, to approve construction and professional engineering construction support services change orders within the approved project budget.
STATE COLLEGE BOULEVARD CORRIDOR REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROGRAM PARTICIPATION AND FUNDING
17. Proposed Motion:
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AUTHORIZING PARTICIPATION IN AN
APPLICATION FOR FUNDS FOR THE STATE COLLEGE BOULEVARD REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE COMPETITIVE MEASURE M 2
REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM
LAS PALMAS AREA STREET REHABILITATION PROJECT FUNDING
ADJUSTMENT
18. Proposed Motion:
1. Approve the following budget transfers and appropriations to obligate $1,117,905 American Rescue Plan Act (ARPA) funding in CIP Project 44069 Las Palmas Area Street Rehabilitation Project and shift Measure M 2 Local Fair Share Funds to CIP Project 44589 Annual Residential Street Programs for future street rehabilitation projects:
· transfer and appropriate $486,144 ARPA Funds (Fund 74) from CIP Project 44589 Annual Residential Street Program to CIP Project 44069 Las Palmas Area Street Rehabilitation Project (Fund 74)
· transfer and appropriate $439,279 ARPA Funds (Fund 74) from CIP Project 44070 Costa Court Area Rehabilitation Project to CIP Project 44069 Las Palmas Area Street Rehabilitation Project (Fund 74)
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· transfer and appropriate $192,482 ARPA Funds (Fund 74) from CIP Project 44055 Valencia Mesa Drive Rehabilitation Project to CIP Project 44069 Las Palmas Area Street Rehabilitation Project (Fund 74)
· transfer and appropriate $1,117,905 Measure M 2 Funds (Fund 74) from CIP Project 44069 Las Palmas Area Street Rehabilitation Project (Fund 74) to CIP Project 44589 Annual Residential Street Program.
2. Authorize Administrative Services Director, or designee, to revise purchase orders and/or perform purchase order changes for contracts awarded to Las Palmas Area Street Rehabilitation Project.
PUBLIC HEARINGS (Items 19 - 20)
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.
ZONING CODE AMENDMENTS PERTAINING TO TATTOO PARLORS - CONTINUE PUBLIC HEARING TO DECEMBER 3, 2024 CITY COUNCIL MEETING
19. The City Manager requests continuing the public hearing for tattoo parlor zoning code amendments.
Proposed Motion:
Continue public hearing to the December 3, 2024 City Council meeting at 5:30 p.m. in the Fullerton City Council Chambers.
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
20. California Government Code Section 65588 requires the City update its Housing Element every eight years. The 6th Cycle (2021-2029) Housing Element includes a Housing Incentive Overlay program requiring Fullerton Plan Land Use Element, Community Development and Design portion, amendments and a Housing Incentive Overlay Zone to meet state requirements and 13,209 units Regional Housing Needs Assessment (RHNA) allocation by 2029.
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 CURRENT 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
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RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AMENDING THE FULLERTON GENERAL
PLAN BY AMENDING THE TABLES AND EXHIBITS FOR THE FULLERTON
PLAN FULLERTON BUILT ENVIRONMENT PORTION AND ADOPTING A
REVISED EXHIBIT 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 AMENDING FULLERTON MUNICIPAL CODE SECTIONS
15.08.020 AND 15.17.070 AND ADDING CHAPTERS 15.18 AND 15.23
RELATING TO ESTABLISHMENT OF THE HOUSING INCENTIVE OVERLAY
ZONE PROGRAM 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
REGULAR BUSINESS - None
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, December 3, 2024
• SENIOR ADVISORY COMMITTEE AT LARGE
• MINIMUM WAGE INCREASE
• FISCAL YEAR 2024 - 25 STREET REHABILITATION PROJECTS
• CHAPMAN PARKING LEASE
• CLIMATE ACTION PLAN
• DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT FOR FISCAL YEAR 2023 – 24 • M2 EXPENDITURE REPORT
• ZONING AMENDMENT TO REZONE PROPERTIES IN WICKETT SQUARE NEIGHBORHOOD Tuesday, December 19, 2024
• MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
• NOVEMBER 2024 CHECK REGISTER
• CITY COUNCIL REORGANIZATION
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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