City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MAY 2, 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 MAY 2, 2023 - 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 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Hector Hernandez, et al v. City of Fullerton, et al Case Number: USDC 8:20-CV-01 747 CJC (JDEx) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Thomas Schultz v. City of Fullerton Case Number: ADJ 12184241 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Denisha Parker v. City of Fullerton Case Number: OCSC 30-2021-01209980 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Fullerton Museum Center, 301 North Pomona Avenue, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: North Orange County Community College District Under Negotiations: Price and Terms 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 May 2, 2023 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MAY 2, 2023 - 5:30 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA CALL TO ORDER ROLL CALL NOTIFICATION OF REMOTE PARTICIPATION FOR JUST CAUSE PROVISIONS INVOCATION PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT EX PARTE COMMUNICATIONS REPORT PRESENTATIONS 1. CERTIFICATE: Fullerton School District Speech and Debate Nationals 2. PROCLAMATION: Drinking Water Week 3. PRESENTATION: Fullerton Sister City Association 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 ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT CONSENT CALENDAR (Items 1 - 10) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Fullerton City Council | Successor Agency Agenda May 2, 2023 - Page 3 Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action. 1. APRIL 18, 2023 MEETING MINUTES Recommendation: Approve April 18, 2023 City Council / Successor Agency Meeting Minutes. 2. THIRD QUARTER TREASURER’S REPORT FOR FISCAL YEAR 2022-23 Recommendation: Receive and file. 3. DAY OF MUSIC COMMITTEE FEE WAIVER REQUEST Recommendation: City Council could waive the following Day of Music fee waiver requests, consistent with City Council action last year: · Fees for Use of Facilities $2,530 · Fees for City Expenses $1,520 · Refundable Deposits $750. 4. FIRE APPARATUS PURCHASE Recommendation: 1. Authorize Director of Administrative Services, or designee, to issue a $3,365,706.63 purchase order(s) to Pierce Manufacturing for acquisition of one fire engine and one fire quint with required safety equipment in Fiscal Year 2022-23. 2. Authorize Director of Administrative Services, or designee, to issue a $1,169,061.25 purchase order to Pierce Manufacturing for acquisition of one fire engine with required safety equipment following Fiscal Year 2023-24 budget adoption. 5. POLICE DEPARTMENT MASTER EQUITY LEASE PROGRAM FOR POLICE VEHICLES UPDATE Recommendation: Approve $100,000 budget transfer and appropriation to Fiscal Year 2022-23 Budget from General Fund (Fund 10) to the Vehicle Replacement Fund (Fund 64) for Master Equity Lease Agreement with Enterprise Fleet Management Year 1. 6. CLOSED CIRCUIT TELEVISION NETWORK AND SECURITY UPGRADES PROJECT AMENDMENT Recommendation: 1. Approve Amendment No. 1 to the Professional Services Agreement with Wachter, Inc. dated October 6, 2021. 2. Approve $292,743 change orders with Wachter, Inc. and Glass Box Technology, Inc. to provide security upgrades to various City facilities. Fullerton City Council | Successor Agency Agenda May 2, 2023 - Page 4  3. Authorize re-allocation and appropriation of $617,334 American Rescue Plan Act funding for the Closed-Circuit Television (CCTV) Project from the General Fund (Fund 10) to Project 6380 CCTV Network and Security Upgrades project in the IT Fund (Fund 68). 4. Authorize City Manager, or designee, to approve purchase or change orders for the CCTV network upgrades within the approved project budget. 7. VERIZON WIRELESS TELECOM LEASE AGREEMENT AMENDMENT - 2470 WEST PIONEER AVENUE COYOTE RESERVOIR Recommendation: Approve and authorize City Manager, or designee, to execute and administer the First Amendment to Telecommunications Site Lease Agreement with Los Angeles SMSA Limited Partnership with an April 19, 2023 effective date, in a form approved by City Attorney. 8. RESIDENTIAL SLURRY SEAL AND MISCELLANEOUS REHABILITATION PROJECT FISCAL YEAR 2022-23 CONTRACT AWARD Recommendation: 1. Approve plans and specifications for the Residential Slurry Seal and Miscellaneous Rehabilitation Project - Fiscal Year (FY) 2022-23. 2. Approve $100,000 budget transfer of Measure M2 Funds (Fund 74) from Project 44047 Raymond / SR-91 Street Improvement Project to Project 44697 Residential Slurry Seal and Miscellaneous Rehabilitation Project - FY 2022-23 (Fund 74). 3. Award $84,023.05 construction contract for the Residential Slurry Seal and Miscellaneous Rehabilitation Project - FY 2022-23 (Project 44697) to Petrochem Materials Innovation, LLC and authorize 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. 9. MORELIA AVENUE AND JUANITA COOKE TRAIL IMPROVEMENTS CONTRACT AWARD Recommendation: 1. Approve plans and specifications for the Morelia Avenue Juanita Cooke Trail Improvement Project (Project 54044). 2. Approve $537,000 budget transfer and appropriation of American Rescue Plan Act Revenue Replacement Funds from Project 44589 Residential Street Program to Project 54044 Morelia Avenue and Juanita Cooke Trail Improvement Project (Fund 74). 3. Approve $532,750 budget transfer and appropriation of Park Dwelling Funds from Project 54044 Morelia Avenue and Juanita Cooke Trail Improvement Project to Park Dwelling Fund balance (Fund 39). 4. Award $672,450 construction contract for the Morelia Avenue and Juanita Cooke Trail Improvement Project to Towo Enterprise, Inc. and authorize City Manager, or Fullerton City Council | Successor Agency Agenda May 2, 2023 - Page 5  designee, to execute the contract, in a form approved by the City Attorney. 5. 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. 10. CASA BLANCA-BARRIS-FERN AREA SEWER AND STREET IMPROVEMENTS PROJECT CONTRACT AWARD Recommendation: 1. Approve plans and specifications for the Casa Blanca-Barris-Fern Drive Area Sewer and Street Improvements Project. 2. Authorize City Manager to award, administer and execute a construction contract not to exceed $3,200,000 with an approved contractor for Casa Blanca-Barris-Fern Drive Area Sewer and Street Improvements Project (Project 51030), in a form approved by the City Attorney. The City shall competitively bid the project pursuant to the Public Contract Code and the Fullerton Municipal Code. 3. Authorize City Manager to conduct a public hearing to hear bid protests, if any protests submitted to the City. PUBLIC HEARINGS (Item 11) 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. 11. FISCAL YEAR 2023-24 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING All jurisdictions receiving funding under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program must prepare and submit a Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) every five years. Recommendation: 1. Approve the 2023-24 Annual Action Plan and authorize staff to submit documents to HUD for approval by the HUD due date. 2. Authorize Director of Community and Economic Development, or designee, to execute the 2023-24 CDBG agreements with non-profits and City Departments. 3. Authorize Director of Community and Economic Development to execute a letter informing Harbor View Terrace Apartments that the condition of awarding CDBG funds to this project is a one-time occurrence and that management is responsible for future maintenance and repairs. REGULAR BUSINESS (Items 12 - 16) 12. DEED TRANSFERS RECOGNIZING SALE OF PROPERTIES LOCATED AT 301 AND 315 NORTH POMONA AVENUE TO THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT PURSUANT TO A 1974 LEASE PURCHASE AGREEMENT AND IMPOSING RESTRICTIONS ON USE Request for approval of deeds recognizing the sale of 301 and 315 North Pomona Fullerton City Council | Successor Agency Agenda May 2, 2023 - Page 6  Avenue to the North Orange County Community College District under a 1974 Lease Purchase Agreement and imposing restrictions on the use of the properties. Recommendation: Approve recording deeds recognizing the sale of 301 North Pomona Avenue (APN 033-012-18) and 315 North Pomona Avenue (APN 033-012-17) to the North Orange County Community College District pursuant to a 1974 Lease Purchase Agreement. 13. FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET RESIDENTIAL STREET REHABILITATION PROJECTS (Continued from April 18, 2023) Review staff recommendations for Fiscal Year 2023-24 residential street rehabilitation project locations and funding. Recommendation: Approve staff recommendations for Fiscal Year 2023-24 residential street rehabilitation project locations. 14. NEW AND REVISED FIRE DEPARTMENT SERVICES FEES Consideration of adding, increasing and/or modifying Fire Department fees beginning Fiscal Year 2023-24 for services provided by the Fire Department to approach cost recovery for public safety programs and services. Recommendation: 1. Direct staff to submit proposed fee changes, as recommended by the Fire fee study, to the Fire Department Fee Schedule to approach full cost recovery over a three-year period beginning Fiscal Year 2023-24 for approval at a June 6, 2023 Public Hearing. 2. Direct staff to submit the proposed new Fire Department fees, as recommended by the Fire fee study, at full cost recovery rate for Fire services currently provided by the department and not recovered starting Fiscal Year 2023-24 for approval at a June 6, 2023 Public Hearing. 15. NEW AND REVISED COMMUNITY AND ECONOMIC DEVELOPMENT - PLANNING AND ZONING FEES Consideration of adding, increasing and/or modifying Planning and Zoning fees beginning Fiscal Year 2023-24 for services provided by the Community and Economic Development Department to approach cost recovery for services provided. Recommendation: Direct staff to submit proposed fee changes, as recommended by the Community and Economic Development Department, beginning Fiscal Year 2023-24 for approval at a June 6, 2023 Public Hearing. 16. CHIEF OF POLICE AMENDED AND RESTATED EMPLOYMENT AGREEMENT City Council consideration of Amended and Restated Employment Agreement between the City of Fullerton and Police Chief Robert Dunn II. Recommendation: 1. Authorize Mayor to execute Amended and Restated Employment Agreement Fullerton City Council | Successor Agency Agenda May 2, 2023 - Page 7  between City of Fullerton and Chief of Police Robert Dunn II. 2. Adopt Resolution No. 2023-XXX . RESOLUTION NO. 2023-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 CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 REQUIREMENTS ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, May 16, 2023 • PRESENTATION: PUBLIC WORKS WEEK • APRIL 2023 CHECK REGISTER • GENERAL PLAN AMENDMENT TO CHANGE ROADWAY CLASSIFICATION ON ASSOCIATED ROAD • NEW AND REVISED FEES FOR PUBLIC WORKS SERVICES - WATER UTILITY AND AIRPORT FEES • SANITATION CHARGE ADJUSTMENT • GLENWOOD/FORD AREA INFRASTRUCTURE IMPROVEMENTS • RECOMMENDATION TO SIGNALIZE HARBOR BOULEVARD AND LA ENTRADA PLACE INTERSECTION • RAYMOND AVENUE GRADE SEPARATION – POST-CONSTRUCTION RECONFIGURATION • ASSOCIATED ROAD INFRASTRUCTURE IMPROVEMENTS • LIBRARY CONFERENCE ROOM TECHNOLOGY UPGRADES Tuesday, June 6, 2023 • WESTPARK/TA PARTNERS ENTITLEMENTS • HUNT BRANCH LIBRARY UPDATE AND LIBRARY AD-HOC COMMITTEE RECOMMENDED ACTIONS • COMMUNITY FOREST MANAGEMENT PLAN PLACEHOLDER (CONTINUED FROM APRIL 18, 2023) 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 May 2, 2023 - Page 8