City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JULY 18, 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 JULY 18, 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Therese Bagwell v. City of Fullerton Case Number: OCSC 30-2020-01175934 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Langenbacher, et al. v. City of Fullerton, et al. Case Number: OCSC 30-2022-01296035 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA, Inc. v. City of Fullerton Case Number: OCSC 30-2017-00952643, Court of Appeal Case Number G059914 (G06034, G060585) 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC 30-2022-01281840 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 136 East Santa Fe Avenue, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez, Community and Economic Development Director Sunayana Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 2  Thomas Negotiating Parties: Bushala Brothers, Inc. Under Negotiations: Price and Terms 6. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro and Jay Trinnaman Employee Organizations: Fullerton Municipal Employees Federation, Fullerton Management Association, Confidential / Non-Represented, Executive, Fullerton Police Officers’ Association - Police Safety, Fullerton Police Officers’ Association - Dispatchers, Fullerton Police Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 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 July 18, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JULY 18, 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. CERTIFICATE: May 15, 2023 Life Saving Incident Recognition 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 - None CONSENT CALENDAR (Items 1 - 13) 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. JUNE 20, 2023 MEETING MINUTES Recommendation: Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 4  Approve June 20, 2023 City Council / Successor Agency Meeting Minutes. 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. GRANT DEED FOR PURCHASE OF REAL PROPERTY LOCATED AT 3535 WEST COMMONWEALTH AVENUE Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ACCEPTING A GRANT DEED FOR PURCHASE OF REAL PROPERTY LOCATED AT 3535 COMMONWEALTH AVENUE 4. JUNE 2023 CHECK REGISTER Recommendation: Receive and file. 5. THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2022-23 Recommendation: 1. Receive and file Third Quarter Financial Report for Fiscal Year (FY) 2022-23. 2. Approve $1,743,289 budget appropriation from General Fund (Fund 10) fund balance to Police Department budget (Fund 10) to effectuate formal ratification of police safety groups’ Memorandum of Agreements approved in FY 2022-23. 3. Authorize City Manager, or designee, to effectuate future budget adjustments, as necessary, to ensure budgetary and accounting compliance in preparation for the FY 2022-23 audited financial statements. 6. LAND AND WATER CONSERVATION FUND GRANT FOR UNION PACIFIC PARK IMPROVEMENTS Recommendation: 1. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR DESIGN AND CONSTRUCTION OF UNION PACIFIC PARK AND, IF AWARDED, AUTHORIZING ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMMENDING THE BUDGET ACCORDINLGLY 2. Authorize City Manager, or designee, to execute all grant-related documents. 7. FALCK MOBILE HEALTH CORP. AGREEMENT AMENDMENT FOR EMERGENCY AMBULANCE SERVICES Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 5  Recommendation: Authorize City Manager, or designee, to execute and administer Amendment Five to the agreement with Falck Mobile Health Corp. for emergency ambulance transport services from July 1, 2023 through October 31, 2023. 8. CALIFORNIA HIGHWAY PATROL FISCAL YEAR 2023-24 CANNABIS TAX FUND GRANT PROGRAM Recommendation: 1. 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 CALIFORNIA HIGHWAY PATROL GRANT FUNDS 2. Authorize receipt and use of $430,846 California Highway Patrol Cannabis Tax Fund Grant Program allocation to Police Department budget within the Grant Fund (Fund 32). 9. MALVERN AVENUE / CHAPMAN AVENUE CORRIDOR PROJECT REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM RESTATED AND AMENDED COOPERATIVE AGREEMENT Recommendation: Authorize Public Works Director, or designee, to enter into the proposed restated and amended cooperative agreement for the Malvern Avenue / Chapman Avenue Project Regional Traffic Signal Synchronization Program. 10. COMPRESSED NATURAL GAS STATION COMPRESSOR EQUIPMENT REPLACEMENT PROJECT Recommendation: 1. Approve plans and specifications for Compressed Natural Gas Station Compressor Equipment Replacement Project. 2. Approve $360,000 budget transfer and appropriation from Air Quality Improvement Fund (Fund 22) to Capital Improvement Program Project 56022 Compressed Natural Gas Station Compressor Equipment Replacement Project (Fund 74). 3. Award $550,549 construction contract for Compressed Natural Gas Station Compressor Equipment Replacement Project to Fastech 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. 11. RESIDENTIAL SLURRY SEAL - BURNING TREE ROAD PROJECT Recommendation: 1. Approve plans and specifications for Residential Slurry Seal - Burning Tree Road Project. Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 6  2. Accept $43,000 donation from Westbluff HOA and appropriate to Project 44698 Residential Slurry Seal - Burning Tree Road Project (Fund 74). 3. Approve $80,000 budget transfer of American Rescue Plan Act Revenue Replacement Funds (Fund 74) from Project 44589 Residential Street Program to Project 44698 Residential Slurry Seal - Burning Tree Road Project (Fund 74). 4. Award $101,094.90 construction contract for Residential Slurry Seal - Burning Tree Road Project to Petrochem Materials Innovation, LLC and authorize City Manager, or 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. 12. ACACIA PARK IMPROVEMENTS PROJECT CONTRACT AWARD Recommendation: 1. Approve plans and specifications for Acacia Park Improvements Project. 2. Approve $115,000 budget transfer and appropriation from Park Dwelling Fund (Fund 39) fund balance to Project 54039 Acacia Park Improvement Project (Fund 74). 3. Award $257,920.20 construction contract for Acacia Park Improvement Project to Oppenheimer National 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. 13. ADDITIONAL FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM STREET REHABILITATION PROJECT ON BASQUE AVENUE Recommendation: Approve including Basque Avenue from Valencia Drive to Hunt Library site as a Fiscal Year 2023-24 Capital Improvement Program street rehabilitation project. PUBLIC HEARINGS (Items 14 - 15) 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. 14. APPEAL OF PLANNING COMMISSION APPROVAL OF MINOR SITE PLAN AT 245 NORTH STATE COLLEGE BOULEVARD Request to review and act on an appeal of Planning Commission decision to uphold the Zoning Administrator approval of a Minor Site Plan (ZON-2021-0041) to redevelop a 0.71-acre site with 25 residential townhomes over one level of subterranean garage parking located at 245 North State College Boulevard. Recommendation: Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 7  1. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF MINOR SITE PLAN ZON-2021-0041 TO REDEVELOP A 0.71 ACRE SITE WITH 25 RESIDENTIAL TOWNHOMES, INCLUDING 15 PERCENT DEED-RESTRICTED UNITS FOR VERY LOW-INCOME HOUSEHOLDS, ON PROPERTY ZONED R-G, GARDEN-TYPE MULTI-FAMILY RESIDENTIAL LOCATED AT 245 NORTH STATE COLLEGE BOULEVARD 2. Alternative Action: Should City Council approve the appeal, direct staff to draft an alternative resolution to deny the Planning Commission decision to uphold the Zoning Administrator approval of the Minor Site Plan request. 15. POINTE COMMON AFFORDABLE HOUSING AND LAND DISPOSITION Request to continue public hearing for Pointe Common Affordable Housing and Land Disposition for 1600 West Commonwealth Avenue. Recommendation: Continue Public Hearing to August 1, 2023 City Council meeting at 5:30 p.m. in the Fullerton City Council Chambers. REGULAR BUSINESS (Items 16 - 18) 16. POLICE DEPARTMENT BEHAVIORAL HEALTH CLINICIAN PILOT PROGRAM County Supervisor Doug Chaffee has allocated $1,000,000 of County of Orange Board of Supervisor discretionary funds (ARPA funds) for a two-year pilot program to employ two behavioral health clinicians in the Fullerton Police Department. The Police Chief and City Manager request City Council consideration to use these funds to initiate a Pilot Program. Recommendation: 1. Appropriate receipt and use of $1,000,000 to the Police Department in the Grant Fund (Fund 32). 2. Authorize Administrative Services Director, or designee, to issue a $111,985 purchase order with National Auto Fleet Group for vehicles and upfitting and authorize change orders necessary within program budget. 3. Approve addition of two full-time equivalent Police Behavioral Health Clinicians to Fiscal Year 2023-24 Police Department Personnel Summary. 4. Authorize City Manager to sign agreement with the County of Orange for the pilot Police Behavioral Health Clinician Program. 17. TENTATIVE AGREEMENTS BETWEEN THE CITY OF FULLERTON AND THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION AND BETWEEN THE CITY OF FULLERTON AND THE FULLERTON MANAGEMENT ASSOCIATION Proposed Memorandums of Agreement between the City of Fullerton and the Fullerton Municipal Employees Federation and between the City of Fullerton and the Fullerton Fullerton City Council | Successor Agency Agenda July 18, 2023 - Page 8  Management Association reflecting tentative agreement on wages, hours and working conditions for City Council consideration. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON MANAGEMENT ASSOCIATION 18. CAL CITIES ANNUAL CONFERENCE DELEGATES AND ALTERNATES Cal Cities (formerly the League of California Cities) requests that City Council designate a voting delegate and up to two alternates for the Cal Cities Annual Conference held September 20 through 22, 2023 in Sacramento, CA. Recommendation: Designate Council Members to serve as the City Delegate and one or two Alternate Representatives at the Cal Cities 2023 Annual Conference. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, August 1, 2023 • MILLS ACT • HOUSING LOAN APPEAL • BALCOM AVENUE SEWER REPLACEMENT PROJECT • LIBRARY CONFERENCE ROOM TECHNOLOGY UPGRADES • INSURANCE PROGRAM REPORT AND RECOMMENDATIONS • POINTE COMMON AFFORDABLE HOUSING AND LAND DISPOSITION • MISCELLANEOUS STORM DRAIN REPAIR FROM ACACIA AVENUE TO VALENCIA DRIVE Tuesday, August 15, 2023 • NOISE ORDINANCE • JULY 2023 CHECK REGISTER • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • TREASURER’S REPORT FOR QUARTER ENDING JUNE 30, 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 July 18, 2023 - Page 9