City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - FEBRUARY 7, 2023 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 Bruce Whitaker Nick Dunlap Mayor (District 1) Mayor Pro Tem (District 4) Council Member (District 2) Shana Charles Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA FEBRUARY 7, 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 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Right of Way Adjacent to 1747 Commonwealth Avenue, Fullerton, CA (APN 030-252-01) Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Grace Ministries International Under Negotiations: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Comat USA v. City of Fullerton Case Number: OCSC Case No. 30-2017-00952643 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Therese Bagwell v. City of Fullerton Case Number: OCSC Case No. 30-2020-01175934 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Destiny Forcone v. City of Fullerton Case Number: OCSC Case No. 30-2022-1254741 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 2  Name of Case: Jacob Poozhikala; JP 23 Hospitality Co. Inc. v. City of Fullerton, et al. Case Number: OCSC Case No. 30-2021-01234852 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Setsuko (Sutsuko) Mori v. City of Fullerton Case Number: OCSC Case No. 30-2021-01230299 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Stephanie Stevenson v. City of Fullerton Case Number: OCSC Case No. 30-2018-01039485 8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Estate of Noah Weatherly v. City of Fullerton Case Number: OCSC Case No. 30-2018-01037224 ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA FEBRUARY 7, 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 1. PRESENTATION: Outgoing Board / Committee / Commission Member Recognition 2. CERTIFICATE: Student Speakers of America 3. PROCLAMATION: National Law Enforcement Appreciation Day 4. CERTIFICATE: Bears Junior All-American Football and Cheer 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 - 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. Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 4 1. JANUARY 17, 2023 MEETING MINUTES Recommendation: Approve January 17, 2023 City Council / Successor Agency Meeting Minutes. 2. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY 3. FREEWAY-ORIENTED ELECTRONIC BILLBOARD AT 1604 SOUTH HARBOR BOULEVARD DEVELOPMENT AGREEMENT - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3320. ORDINANCE NO. 3320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD TO PROVIDE THE PROJECT APPLICANT AND THE CITY OF FULLERTON CERTAIN ASSURANCES WITH RESPECT TO PROJECT APPROVALS AND OBLIGATIONS 4. TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2022 Recommendation: Receive and file. 5. CITY INVESTMENT POLICY UPDATES AND PORTFOLIO DURATION REDISTRIBUTION Recommendation: 1. Approve 2023 updates to the Investment Policy. 2. Ratify redistribution of the City investment portfolio to a 50 / 50 distribution between the one-to-three year duration portfolio and the one-to-five year duration portfolio. 6. CLASSIFICATION PLAN UPDATE RELATING TO FIRE DEPARTMENT POSITIONS Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2022-033 (FULLERTON FIREFIGHTERS’ ASSOCIATION) Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 5  APPENDIX A 7. CALTRANS MATCHING FUNDS GRANT Recommendation: 1. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING APPLICATION SUBMITTAL, ACCEPT ALLOCATION OF FUNDS AND EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT IMPROVEMENT PROGRAM (AIP) MATCHING FUNDS GRANT 2. Authorize City Manager, or designee, to administer and execute grant acceptance and related documents. 3. Authorize receipt and appropriation of awarded grant funds to the Airport Enterprise Fund (Fund 40) Runway 6 Precision Approach Path Indicator Project (Project No. 49015). 8. 2022-2025 TOBACCO GRANT Recommendation: 1. Accept Department of Justice grant award. 2. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM THE DEPARTMENT OF JUSTICE 3. Authorize Chief of Police to sign $702,271 Memorandum of Understanding (MOU) with the Department of Justice for the 2022-25 Tobacco Grant. 4. Appropriate receipt and use of awarded grant funds in Grants Fund 32. 9. REQUEST TO CHANGE ENTERPRISE RESOURCE PLANNING CONSULTANT Recommendation: 1. Authorize City Manager, or designee, to terminate the Professional Services Agreement with KOA Hills Consulting Services, LLC. 2. Approve Professional Services Agreement with GlassBox Technologies, Inc . Amendment Number Three to provide project management and consulting support related to Tyler Munis application implementation and authorize City Manager, or designee, to execute and administer the agreement, in a form approved by the City Attorney. 3. Authorize Director of Administrative Services to issue change orders within project budget (Project No. 6381 - Tyler ERP Project) . 10. HOLLYDALE AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES CHANGE ORDER AWARD Recommendation: Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 6  1. Approve $81,900 budget transfer and appropriation from Project 53250 Water Main System Replacement to Project 53031 Hollydale Area Water Main Replacement (Fund 44). 2. Authorize Public Works Director to execute a $37,040 change order to Purchase Order C000266 with JIG Consultants for Professional Engineering Design Services for Hollydale Area Water Main Replacement Project. 3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget. PUBLIC HEARINGS - None REGULAR BUSINESS (Items 11 - 15) 11. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION Proposed Memorandum of Agreement between the City of Fullerton and the Fullerton Firefighters’ Association reflecting tentative agreement on wages, hours and working conditions for City Council consideration. Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION DATED JANUARY 7, 2023 AND SUPERSEDING RESOLUTION NO. 2022-033 IN ITS ENTIRETY 12. PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION AND CLASSIFICATION PLAN UPDATE RELATING TO BATTALION CHIEF Proposed Side Letter of Agreement between the City of Fullerton and the Fullerton Fire Management Association and proposed amendment to the City of Fullerton Personnel Classification Plan revising the Battalion Chief classification and retitling as Fire Battalion Chief. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION DATED JANUARY 31, 2023 RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NOS. 2022-029 (FULLERTON FIRE MANAGEMENT ASSOCIATION) APPENDIX A AND 2022-031 (FULLERTON MANAGEMENT ASSOCIATION) Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 7  APPENDIX A FOR A UNIT MODIFICATION MOVING EMERGENCY MEDICAL SERVICES MANAGER FROM THE FULLERTON MANAGEMENT ASSOCIATION TO THE FULLERTON FIRE MANAGEMENT ASSOCIATION 13. TRAFFIC SAFETY INITIATIVES UPDATE An update on new and ongoing traffic safety initiatives. Recommendation: Receive and file. 14. SECOND QUARTER FINANCIAL REPORT AND MID-YEAR BUDGET AMENDMENTS FOR FISCAL YEAR 2022-23 This report presents the City’s revenue performance and expenditures incurred from July 1 through December 31, 2022 compared to adopted budget levels, provides an update on the City’s financial position through the fiscal year midpoint and presents FY 2022-23 Mid-Year Budget Amendments for consideration. Recommendation: 1. Receive and file Second Quarter Financial Report for FY 2022-23. 2. Approve FY 2022-23 Mid-Year Budget Amendments and authorize City Manager, or designee, to make amendments to the FY 2022-23 Adopted Budget. 3. Authorize and approve addition of 1.0 Full-Time Equivalent (FTE) grant-funded Lieutenant position to Police Department Position Summary. 15. 2023 SAFE AND SANE FIREWORKS SALES Fullerton voters reinstated the sale, possession and discharge of safe and sane fireworks within City limits on November 6, 2012 and re-affirmed the sale of safe and sane fireworks on November 3, 2020. This report presents the 2022 Safe and Sane Fireworks Sales Annual Report and seeks approval of the 2023 fireworks sales timeline. Recommendation: 1. Receive and file 2022 Safe and Sane Fireworks Sales Annual Report. 2. Confirm timeline for 2023 fireworks sales application process. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, February 21, 2023 • JANUARY 2023 CHECK REGISTER • PURCHASE ORDERS WITH ROTH STAFFING COMPANIES, LP • COMMITTEE REPORT Tuesday, March 7, 2023 • TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD • 1600 COMMONWEALTH • CED STAFFING ADJOURNMENT Fullerton City Council | Successor Agency Agenda February 7, 2023 - Page 8 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 February 7, 2023 - Page 9