City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MARCH 21, 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 MARCH 21, 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 LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Director of Human Resources Eddie Manfro Employee Organizations: All Unrepresented Employees: All Under Discussion: Parameters of authority for negotiating salaries, benefits and work conditions 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 2701 Nutwood Avenue, Fullerton, CA 92831 (APN 029-180-34) 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 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 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 Fullerton City Council | Successor Agency Agenda March 21, 2023 - Page 2 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Fullerton Museum Center, 301 North Pomona Avenue, Fullerton CA (APN: 033-012-18) Agency Negotiator: City Manager Eric J. Levitt Negotiating Parties: Fullerton Museum Center Association Under Negotiations: Price and Terms 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1) Title: Chief of Police 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 21, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MARCH 21, 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. COMMENDATION: Fullerton Loves Food 2. PRESENTATION: Orange County Power Authority 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. 1. MARCH 7, 2023 MEETING MINUTES Recommendation: Approve March 7, 2023 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda March 21, 2023 - Page 4 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. FEBRUARY 2023 CHECK REGISTER Recommendation: Receive and file. 4. JULY 4, 2023 CITY COUNCIL MEETING CANCELLATION Recommendation: Cancel July 4, 2023 City Council / Successor Agency Meeting. 5. 2021 FISCAL YEAR ASSISTANCE TO FIREFIGHTERS GRANT Recommendation: 1. Ratify grant application with the Federal Emergency Management Agency, Assistance to Firefighters Grant. 2. Accept and appropriate receipt and uses of $93,694.20 grant award in Grants Fund (Fund 32). 3. Authorize City Manager, or designee, to execute agreement and sign all documents related to the grant. 6. PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON MANAGEMENT ASSOCIATION Recommendation: Adopt Resolution No. 2023-XXX. 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 MANAGEMENT ASSOCIATION DATED MARCH 14, 2023 7. MICROSOFT LICENSE AND SUBSCRIPTION RENEWALS Recommendation: 1. Approve Microsoft licenses and subscriptions renewal for a three -year term with reseller Dell and authorize City Manager, or designee, to execute and administer related renewal documents, in a form approved by City Attorney. 2. Authorize City Manager, or designee, to approve, execute and administer future renewals, including change of authorized resellers through cooperative purchasing, within budget and within the City Manager approval authority, in a form approved by City Attorney. 8. ADVANCE RESOURCES, LLC STAFF AUGMENTATION CHANGE ORDERS Fullerton City Council | Successor Agency Agenda March 21, 2023 - Page 5  Recommendation: Approve and authorize City Manager, or designee, to execute a $ 125,001 change order with Advance Resources, LLC . 9. WATER RATE PROGRESS REPORT 2022 Recommendation: Receive and file 2022 Water Rate Progress Report. 10. VACTOR HYDRO EXCAVATOR VACUUM TRUCK PURCHASE Recommendation: 1. Approve $608,178.71 purchase of new Vactor Hydro Excavator from Haaker Equipment Company. 2. Approve $608,178.71 budget transfer and appropriation from Water Fund (Fund 44) to Vehicle Replacement Fund (Fund 64). 11. FULLERTON POOCH PARK RELOCATION PROJECT Recommendation: 1. Approve plans and specifications for the Fullerton Pooch Park Relocation project. 2. Approve $876,000 budget appropriation of Park Dwelling Funds (Fund 39) from Park Dwelling Fund balance to Project 54270 Fullerton Pooch Park Relocation (Fund 74). 3. Award $936,196.63 construction contract to Urban Habitat for the Fullerton Pooch Park Relocation project and authorize the City Manager, or designee, to execute the 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. 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. 12. HOME INVESTMENT PARTNERSHIPS - AMERICAN RESCUE PLAN SUBMITTAL The U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships - American Rescue Plan Act of 2021 (HOME-ARP) has allocated $1,954,345 in funding to the City. The City must submit a HOME- ARP Allocation Plan to HUD by March 31, 2023. Recommendation: 1. Approve the HUD HOME-ARP Allocation Plan and direct staff to submit to HUD by March 31, 2023. 2. Accept and appropriate award of HOME-ARP grant amounts approved by HUD in Fullerton City Council | Successor Agency Agenda March 21, 2023 - Page 6  Grants Fund (Fund 32). REGULAR BUSINESS (Items 13 - 17) 13. LETTER OF SUPPORT FOR SOUTHERN CALIFORNIA EDISON BUILDING ELECTRIFICATION APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION Southern California Edison filed a Building Electrification Application with the California Public Utilities Commission on December 20, 2021 for approval of its 2024-27 programs. The plan would provide approximately $677 million for programs that accelerate growth of the building electrification market over a four-year period to reduce greenhouse gas emissions and improve air quality. Recommendation: Discuss and provide direction. 14. RECYCLE FROM HOME PILOT PROGRAM The Recycle from Home Pilot Program would provide access to in-home recycling services for both residential and commercial customers in the City of Fullerton. The mobile recycling program uses technology to optimize consumer pick -ups and issues same day California Redemption Value (CRV) fund payments to consumers. Recommendation: 1. Discuss program and provide direction. 2. Authorize City Manager to submit a letter of authorization to Cal Recycle naming Recycle From Home as the City’s pilot program provider. 3. Authorize City Manager to sign the program application. 15. CITY OF FULLERTON NOISE REGULATIONS AND STANDARDS A discussion to consider amending Fullerton Municipal Code (FMC) Chapter 15.90 (Noise Standards and Regulations) and Chapter 3.08 (Entertainment) to create a new Downtown Noise Zone. Recommendation: Staff requests City Council policy direction regarding noise standards and regulations. 16. CITY COUNCIL RULES OF PROCEDURE AND DECORUM Council Member Zahra requested, supported by Council Member Charles, a review of the Rules of Procedure and Decorum for City Council Meetings during the February 21, 2023 City Council Meeting. Recommendation: Discuss item and direct staff to prepare resolution to adopt amendments to the Rules of Procedure at a future City Council meeting, if needed. 17. CITY COUNCIL MEETING START TIME Council Member Zahra requested, supported by Council Member Charles, a review of Fullerton City Council | Successor Agency Agenda March 21, 2023 - Page 7  City Council meeting start times during the February 21, 2023 City Council Meeting. Recommendation: Consider meeting start time and direct staff to prepare resolution to adopt change in meeting start time at a future City Council meeting, if needed. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, April 4, 2023 • BROOKHURST ROAD AT SR 91 STREET REHABILITATION • DENY EARLY MORNING PARKING EXEMPTION ON WHITING AVENUE APPEAL • GENERAL PLAN AMENDMENT TO CHANGE ASSOCIATED ROAD CLASSIFICATION • 1600 COMMONWEALTH • HOUSING MANAGER AND BUILDING ASSOCIATE PLAN CHECK ENGINEER • JP23 UPDATE FOR COUNCIL Tuesday, April 18, 2023 • FIREWORKS LOTTERY DRAWING • BUDGET STUDY SESSION • MARCH 2023 CHECK REGISTER • COMMITTEE REPORT • FY 2023 24 SB1 FUNDS ALLOCATION 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 21, 2023 - Page 8