City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - OCTOBER 3, 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 OCTOBER 3, 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 REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 3012 Garnet Lane, Fullerton, CA 92831 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez, Community and Economic Development Director Sunayana Thomas Negotiating Parties: Civic Center Barrio Under Negotiations: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lourdes Toman, et al. v. Brea Police Department, et al. Case Number: USDC 8:20-CV-00046-DOC-KES 3. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro, Jay Trinnaman Employee Organizations: Police Officers’ Association - Dispatchers, Police Officers’ Association - Police Safety Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 4. 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 Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 2  Negotiating Parties: Dyer 18 LLC 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 October 3, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA OCTOBER 3, 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: World Korean Business Convention 2023 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 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Recommendation: 1. Mayor Jung make the following direct appointment: a. Active Transportation Committee - term ending term ending December 31, 2024. 2. City Council ratify appointment. Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 4 CONSENT CALENDAR (Items 1 - 5) 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. SEPTEMBER 19, 2023 MEETING MINUTES Recommendation: Approve September 19, 2023 City Council / Successor Agency Meeting Minutes. 2. 2023 ORANGE COUNTY COMPLETE STREETS PROGRAM APPLICATION AUTHORIZATION TO IMPROVE HARBOR BOULEVARD Recommendation: Authorize staff to submit an application for Complete Street Grant through the Orange County Transportation Authority. 3. MUNICIPAL LEAK DETECTION AND REPAIR GRANT ACCEPTANCE AND BUDGET APPROPRIATION Recommendation: 1. Accept $100,000 Municipal Leak Detection and Repair Grant from Metropolitan Water District and appropriate receipt and use in the Water Fund (Fund 44) Water Connection and Quality program. 2. Authorize City Manager, or designee, to execute and administer agreement and all documents related to the grant. 4. WATER RATES, RULES AND REGULATIONS - RULE 9 AND RULE 10 AMENDMENTS AND ONE-TIME INCREASE TO UTILITY DISPUTE FUNDS Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING CITY POLICIES FOR WATER SERVICE PROVISION AND AUTHORIZING A FUNDING INCREASE AVAILABLE TO INFRASTRUCTURE AND NATURAL RESOURCES ADVISORY COMMITTEE FOR EQUITABLE PENALTY WAIVER AND/OR FEE REDUCTION TO ADDRESS DISPUTED WATER, SEWER AND SANITATION UTILITY CHARGES 5. PAINTER STENCIL TRUCK PURCHASE Recommendation: Approve $153,737.43 purchase of a new Painter Stencil Truck from National Auto Fleet Group. PUBLIC HEARINGS (Items 6 - 8) 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. Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 5 6. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET A request to review and act on an appeal of Planning Commission approval of a Conditional Use Permit and Major Site Plan to construct an automobile service station on property zoned G-C, General Commercial, located at 312 North Euclid Street. Recommendation: Adopt the following resolutions to deny the appeal: 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 A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION ON PROPERTY ZONED G-C, GENERAL COMMERCIAL, LOCATED AT 312 NORTH EUCLID STREET 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 A MAJOR SITE PLAN TO CONSTRUCT AN AUTOMOBILE SERVICE STATION ON PROPERTY ZONED G-C, GENERAL COMMERCIAL LOCATED AT 312 NORTH EUCLID STREET Or Approve the appeal and direct staff to draft resolutions to deny Planning Commission approval of the Conditional Use Permit and Major Site Plan requests. 7. ZONE CHANGE FOR PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE The applicant requests a Zoning Amendment to rezone properties in the President Avenues Neighborhood from R-1-7.2 (Single Family Residential, 7,200 square feet minimum lot size) to R-1-7.2P (Single Family Residential, 7,200 square feet minimum lot size, Preservation Zone) thereby creating a new historic preservation area. Recommendation: Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CHANGE OF ZONE CLASSIFICATION FROM “R-1-7.2” TO “R-1-7.2P” ON PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS THE PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE TO THE SOUTH OF MALVERN AVENUE 8. PROPOSED AMENDMENTS TO FULLERTON MUNICIPAL CODE TITLE 11 (ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS) AND TITLE 15 (ZONING ORDINANCE) The City of Fullerton proposes amending various sections of the Fullerton Municipal Code to provide clarity for administration, revise the approval process for minor reviews, remove outdated references and bring the Code into compliance with State law. Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 6  Recommendation: Introduce the following ordinances for first reading by title only and waive further reading of the ordinances. ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF FULLERTON MUNICIPAL CODE TITLE 11 (CHAPTERS 11.01 AND 11.36) AND TITLE 15 (CHAPTERS 15.04 AND 15.17) PERTAINING TO ANIMAL KEEPING ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF FULLERTON MUNICIPAL CODE TITLE 15 (CHAPTER 15.04 AND RELATED CHAPTER OR SECTIONS, IF APPLICABLE) PERTAINING TO PRIVATE AND PUBLIC SCHOOLS REGULAR BUSINESS (Items 9 - 12) 9. TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION TO AMEND EARLY MORNING PARKING REGULATIONS Consideration of a Transportation and Circulation Commission recommendation to amend Fullerton Municipal Code Section 8.44.080 pertaining to the Early Morning Parking program, policies and procedures. Recommendation: If City Council concurs with the Transportation and Circulation Commission recommendation to make Hardship Exemption Permits more inclusive, resident friendly and attainable for residents with inadequate off-street parking, direct staff to work with the City Attorney to prepare an ordinance to amend Fullerton Municipal Code Section 8.44.080 and related polices and procedures for City Council consideration. 10. ACTIVE TRANSPORTATION PROGRAM GRANT FUNDS BUDGET APPROPRIATION FOR NUTWOOD AVENUE BICYCLE AND PEDESTRIAN MOBILITY ENHANCEMENT PROJECT California Transportation Commission awarded $7,140,000 State Active Transportation Program (ATP) Grant Funds to the City to support the Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project. Staff requests City Council accept and appropriate $7,290,000 to secure ATP funds for the project. Recommendation: 1. Accept and appropriate $7,140,000 of 2022 ATP Grant Funds in the Capital Projects Fund (Fund 74) in Project No. 48008 Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project (Fund 74). 2. Approve $150,000 budget transfer of available M2 Local Fair Share Funds (Fund 25) from Project No. 44589 Residential Street Program to Project No. 48008 Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project (Fund 74) to fund ineligible expenditures under the ATP Funds. 11. PARKS AND RECREATION DEPARTMENT REORGANIZATION The Parks and Recreation Department proposes a department reorganization to align department operating functions within the appropriate divisions, as well as dedicated project management and administrative oversight and support. Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 7  Recommendation: 1. Approve proposed amendment to revise the Fiscal Year (FY) 2023-24 Parks and Recreation Department Personnel Summary to increase the total budgeted full -time equivalent positions from 15 to 21 and reduce the total nonregular hours by 8,320 hours to 45,636 hours. 2. Approve necessary budget amendments to the FY 2023-24 Adopted Budget to reduce the Parks and Recreation Fund (Fund 15) operating budget by $43,220 and increase the Brea Dam Fund (Fund 42) operating budget by $11,012. 12. ADMINISTRATIVE SERVICES DEPARTMENT CLASSIFICATION PLAN UPDATE Proposed personnel classification plan amendment to create new classifications and revise and/or retitle existing classifications in the Administrative Services Department. Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2023-053 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A AND RESOLUTION NO. 2023-052 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) APPENDIX A ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, October 17, 2023 • SEPTEMBER 2023 CHECK REGISTER • VALWOOD EARLY MORNING PARKING • 2533 FLOWER ADA PARKING REQUEST • WELL #10 AND PIPELINE DESIGN SERVICES • THE PINES AT SUNRISE VILLAGE ASSIGNMENT • 437-443 WEST VALENCIA ADA PARKING REQUEST • GROUNDSWELL ANNUAL REPORT PRESENTATION • OPTION TO CHANGE USE OF PARK DWELLING FEES • BUDGET TRANSFER FROM POOCH PARK TO ACACIA PARK • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • AGREEMENT WITH FALCK MOBILE HEALTH CORP. FOR EMERGENCY AMBULANCE SERVICES • AGREEMENT AMENDMENT FOR MAIN PLANT PFAS WATER TREATMENT PLANT SCADA SUPPORT Tuesday, November 7, 2023 • WELL 6 REHABILITATION • FLOOD ORDINANCE UPDATE • UNION PACIFIC PARK UPDATE • FIRE STATION NO. 1 CELL TOWER LEASE • TREASURER’S REPORT FOR QUARTER ENDING SEPTEMBER 30, 2023 • UPDATE TO NON-REGULAR EMPLOYEE SCHEDULE OF HOURLY PAY RATES ADJOURNMENT Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda October 3, 2023 - Page 8 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 October 3, 2023 - Page 9