City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - AUGUST 15, 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 AUGUST 15, 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1) Title: City Manager 2. PUBLIC EMPLOYEE APPOINTMENT 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 August 15, 2023 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA AUGUST 15, 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: Fullerton Union High School CIF Southern California Softball Regional Champions 2023 2. CERTIFICATE: Golden Hill Little League 10U California State Champions 3. PROCLAMATION: American Muslim Appreciation and Awareness Month 4. PRESENTATION: Orange County Water District Briefing 5. PRESENTATION: Groundswell Annual Report 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 Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 3 CONSENT CALENDAR (Items 1 - 16) 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. AUGUST 1, 2023 MEETING MINUTES Recommendation: Approve August 1, 2023 City Council / Successor Agency Meeting Minutes. 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. JULY 2023 CHECK REGISTER Recommendation: Receive and file. 4. TREASURER’S REPORT FOR QUARTER ENDED JUNE 30, 2023 Recommendation: Receive and file. 5. FULLERTON MUNICIPAL CODE AMENDMENTS TO REVISE RECREATIONAL VEHICLE PARKING PROVISIONS - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3323. ORDINANCE NO. 3323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE CHAPTER 8.46 RELATING TO RECREATIONAL VEHICLE PARKING, STOPPING AND STANDING 6. CITY OF FULLERTON RESPONSE TO ORANGE COUNTY GRAND JURY REPORT - “WELCOME TO THE NEIGHBORHOOD ARE CITIES RESPONSIBLY MANAGING THE INTEGRATION OF GROUP HOMES?” Recommendation: 1. Review 2022-223 Orange County Grand Jury report titled, “Welcome to the Neighborhood' Are Cities Responsibly Managing the Integration of Group Homes?” 2. Approve response letter to the Superior Court Presiding Judge. 7. 2022 DNA FINGERPRINT, UNSOLVED CRIME AND INNOCENCE PROTECTION ACT OF 2004 FUNDS AWARD Recommendation: Accept and appropriate receipt and use of $27,700 2022 Proposition 69 allocation to Police Department budget within the Grant Fund (Fund 32). Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 4 8. 2023-24 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT AWARD 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 ALCOHOLIC BEVERAGE CONTROL GRANT FUNDS 2. Authorize Chief of Police to execute $90,000 2023-24 Alcoholic Beverage Control grant agreement. 3. Appropriate receipt and use of grant funds in Grants Fund (Fund 32). 9. HUNT LIBRARY REVITALIZATION PROJECT PHASE FIVE SITE IMPROVEMENTS FUNDING Recommendation: Authorize a budget transfer and re-allocation of up to $150,000 of American Rescue Plan Act Funds from Project 55056 HOPE Center Building Improvement Project to Project 55050 Hunt Library Revitalization Project in the Capital Improvement Fund (Fund 74). 10. HUNT LIBRARY PRIVATE RENTAL FEES Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE PARKS AND RECREATION FEE SCHEDULE TO ESTABLISH RENTAL FEES FOR THE HUNT LIBRARY 11. LEASE AGREEMENT WITH DELL FINANCIAL SERVICES TECHNOLOGY FOR TECHNOLOGY REPLACEMENTS Recommendation: 1. Approve Dell Technologies quote to amend the Dell Financial Services Agreement to add 75 computers to the technology lease and authorize City Manager, or designee, to issue a change order and execute and administer the amendment and related documents, in a form approved by the City Attorney. 2. Approve Amendment Number Six to the Professional Services Agreement with Glass Box Technology, Inc. dated July 1, 2022 for services to manage and deploy the additional 75 personal computers. 3. Approve $119,134 budget appropriation from IT Fund balance to IT Fund operating budget (Fund 68). 12. CONTRACT EXTENSION WITH BANK OF MONTREAL HARRIS BANK FOR FINANCIAL BANKING SERVICES Recommendation: 1. Approve Amendment Number Two to the Professional Services Agreement with Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 5  Bank of Montreal Harris Bank N.A. for a five-year extension, with two one-year options to renew. 2. Authorize City Treasurer to execute and administer Amendment Number Two and additional options to renew, in a form approved by the City Attorney. 13. CONTRACT WITH SWEEPING CORP OF AMERICA FOR STREET SWEEPING AMENDMENT NUMBER ONE Recommendation: 1. Approve Amendment Number One to Maintenance Services Agreement with Sweeping Corp of America (SCA) to continue street sweeping services and authorize City Manager, or designee, to execute and administer the amendment, in a form approved by the City Attorney. 2. Approve $50,000 budget appropriation from Sanitation Fund Balance (Fund 23) to Street Cleaning Program (Program 2421). 3. Authorize City Manager, or designee, to approve future contract increases in an amount not to exceed the Consumer Prince Index for All Urban Consumers for Los Angeles-Long Beach-Anaheim area. 4. Authorize City Manager to extend the term of the Maintenance Services Agreement with SCA for up to two additional one-year periods per Section 4.1. 14. PROFESSIONAL SERVICES AGREEMENTS WITH AVIDEX INDUSTRIES, LLC AND GLASS BOX TECHNOLOGY FOR LIBRARY CONFERENCE CENTER TECHNOLOGY UPGRADES PROJECT AMENDMENT AND FUNDING Recommendation: 1. Authorize Administrative Services Director, or designee, to issue $139,208 purchase order with Avidex Industries, LLC for Library Conference Center audio-visual system equipment upgrades and installation. 2. Authorize Administrative Services Director, or designee, to issue $26,250 purchase order with Glass Box Technology, Inc. for IT services relating to Library Conference Center upgrade project. 3. Authorize a $55,458 budget appropriation and budget transfer of Library Foundation funds (Fund 13) to Project 56023 Library’s Conference Center Technology Upgrades Project (Fund 74). 4. Authorize City Manager, or designee, to approve purchase or change orders within the approved project budget. 15. FIRE STATION 1 REPLACEMENT EMERGENCY GENERATOR PURCHASE Recommendation: Authorize Administrative Services Director, or designee, to purchase a new Emergency Generator for $141,701 from Collicutt Energy Service Inc. 16. FISCAL YEAR 2022-23 VEHICLE REPLACEMENTS - TWO ULTRA LOW EMISSION VEHICLES Recommendation: Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 6  1. Authorize Administrative Services Director, or designee, to issue Purchase Order (s) through an informal bidding process to purchase two eligible Ultra Low Emission Vehicles. 2. Approve $112,200 budget transfer and appropriation to the Fiscal Year 2023-24 Budget from the Air Quality Improvement Fund (Fund 22) fund balance to the Vehicle Replacement Fund (Fund 64). PUBLIC HEARINGS - None REGULAR BUSINESS (Items 17 - 20) 17. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) FORMATION City Council adopted Resolutions of Intention to establish and incur bonded indebtedness for City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village) (“CFD No. 3”) on June 20, 2023 and held a public hearing on August 1, 2023. This item is the next step in the CFD No. 3 formation process. Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, FORMING COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DETERMINING NECESSITY TO INCUR BONDED INDEBTEDNESS CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CALLING SPECIAL ELECTION CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 2. Conduct Special Election and announce results. 3. Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN IMPROVEMENT AND REIMBURSEMENT AGREEMENT AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 4. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 7  ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 18. CITY OF FULLERTON RESPONSE TO ORANGE COUNTY GRAND JURY REPORT “GIMMIE SHELTER AND A POUND OF ADVICE, THE STATE OF ANIMAL WELFARE OVERSEEN BY THE COUNTY OF ORANGE” (Continued from August 15, 2023) The Orange County Grand Jury released a report titled, “Gimmie Shelter and a Pound of Advice, the State of Animal Welfare Overseen by the County of Orange” with findings and recommendations requiring a response from Orange County cities that contract with OC Animal Care. City Council continued this item to the August 15, 2023 meeting. Recommendation: 1. Review 2022-23 Orange County Grand Jury report titled, “Gimmie Shelter and a Pound of Advice, the State of Animal Welfare Overseen by the County of Orange.” 2. Approve response letter to the Superior Court Presiding Judge. 19. UNION PACIFIC TRAIL PHASE TWO DESIGN City Council directed staff to include a trail design option with a multi -modal element for Union Pacific Trail Phase Two on November 2, 2021. The Parks and Recreation Commission considered the multi-modal option and a trail-only option on July 10, 2023 and voted 5 - 0 - 2 to recommend City Council approve the trail-only option. Recommendation: Approve one of the following options: Option 1: Direct City Manager proceed with original Union Pacific Trail Phase Two project design, as recommended by the Parks and Recreation Commission and direct staff to bring back an appropriate budget request for approval on the Consent Calendar. Option 2: Direct City Manager to incorporate a multi-modal element to the Union Pacific Trail Phase Two project and direct staff to identify up to $1 million in street funding options for City Council consideration at a later date and direct staff to bring back an appropriate budget request for approval on the Consent Calendar. Option 3: Direct City Manager to terminate the grant agreement with the State of California Natural Resources Agency and return grant funding for the proposed project or request staff to reapproach the Agency to reallocate grant funding to another project in the City. 20. COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED AND EXECUTIVE EMPLOYEES AND PROPOSED AMENDMENT TO THE CHIEF OF POLICE EMPLOYMENT AGREEMENT Proposed resolutions relating to compensation for Confidential / Nonrepresented and Executive employees and proposed amendment to the Chief of Police employment agreement for City Council consideration. Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 8  Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED EMPLOYEES AND SUPERSEDING RESOLUTION NO. 2022-039 RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR EXECUTIVE EMPLOYEES AND SUPERSEDING RESOLUTION NO. 2021-69 AND RESOLUTION NO. 2022-038 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 THE REQUIREMENTS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND SUPERSEDING RESOLUTION NO. 2023-029 2. Approve and authorize Mayor to execute the Amendment to the Employment Agreement between the City and Chief of Police Robert Dunn II. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, September 5, 2023 • MEETING CANCELLED Tuesday, September 19, 2023 • PRESENTATION: ORANGE COUNTY POWER AUTHORITY RESIDENTIAL LAUNCH ANNIVERSARY • PROCLAMATION: HUNGER ACTION MONTH • EARLY MORNING PARKING EXEMPTION RATIFICATION AT THE 300 BLOCK OF WHITING AVENUE • NEW CELL TOWER LEASE • AUGUST 2023 CHECK REGISTER • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • BROOKDALE PLACE STREET IMPROVEMENTS PROJECT • CURB AND GUTTER AND SIDEWALK PROJECT • ON-CALL PROFESSIONAL ENGINEERING CONSULTANT SERVICES • AIRPORT PAPI PROJECT • KIMBERLY 1A SEWER MAIN IMPROVEMENTS PROJECT • MISCELLANEOUS SEWER AND STORM DRAIN REPAIRS • NOISE ORDINANCE • TREE TRIMMING BEST PRACTICES • PERMIT PARKING PROGRAM UPDATE • FISCAL YEAR 2023-24 PARKS AND RECREATION REORGANIZATION • ESTABLISHMENT OF SENIOR COMMISSION • BUDGET TRANSFER FOR STATE OF CALIFORNIA PROPOSITION 68 PER CAPITA GRANT • PARKS AND RECREATION PARK DWELLING FEE REVIEW • HOUSING LOAN DECISION APPEAL FOLLOW UP 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 Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 9 Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda August 15, 2023 - Page 10