City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - OCTOBER 17, 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 17, 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: Air Combat USA, Inc. v. City of Fullerton Case Number: OCSC 30-2017-00952643, Court of Appeal G059914 (G06034, G060585) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 510 North Harbor Boulevard, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Director of Community and Economic Development Sunayana Thomas Negotiating Parties: Fullerton Historic Theatre Foundation Under Negotiations: Price and Terms 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 301 North Pomona Avenue, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Fullerton Museum Center Association Under Negotiations: Price and Terms 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Assessor Parcel Number 271-082-26 Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 2  Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Calvary Chapel Open Door 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 17, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA OCTOBER 17, 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. PROCLAMATION: Childhood Lead Poisoning Prevention Week 2. PROCLAMATION: National Domestic Violence Awareness Month 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 - 12) 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. OCTOBER 3, 2023 MEETING MINUTES Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 4  Recommendation: Approve October 3, 2023 City Council / Successor Agency Meeting Minutes. 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. ZONE CHANGE FOR PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3325. ORDINANCE NO. 3325 - 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 4. PROPOSED AMENDMENTS TO FULLERTON MUNICIPAL CODE TITLE 11 (ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS) AND TITLE 15 (ZONING ORDINANCE) - SECOND READING OF ORDINANCES Recommendation: Adopt the following ordinances: ORDINANCE NO. 3326 - 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. 3327 - 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 5. SEPTEMBER 2023 CHECK REGISTER Recommendation: Receive and file. 6. FULLERTON PUBLIC LIBRARY FOUNDATION DONATION FOR HUNT LIBRARY FACILITY Recommendation: Accept and appropriate receipt and use of $250,000 Fullerton Public Library Foundation donation for the Hunt Library Facility. Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 5 7. STATE PER CAPITA GRANT FUNDS BUDGET TRANSFER Recommendation: Approve $266,093 budget transfer of state grant funds from CIP Project #54270 Fullerton Pooch Park Relocation to CIP Project #54039 Acacia Park Renovation. 8. APPROPRIATION REQUEST FOR CONTINUED GLASS BOX TECHNOLOGIES, INC. TYLER MUNIS IMPLEMENTATION SUPPORT SERVICES Recommendation: 1. Approve the following budget transfers from available fund balance and appropriate to Project 6381-Tyler ERP Project in the Information Technology Fund (Fund 68): · $120,000 transfer from Water Fund · $60,000 transfer from Sewer Fund · $60,000 transfer from Sanitation Fund · $60,000 transfer from Refuse Fund. 2. Authorize City Manager, or designee, to execute related documents and issue a $300,000 change order with Glass Box Technology, Inc. for continued Tyler Munis implementation support services. 3. Authorize Director of Administrative Services to issue future change orders within project budget (Project No. 6381 - Tyler ERP Project). 9. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORP. FOR EMERGENCY BASIC LIFE SUPPORT AMBULANCE SERVICES Recommendation: Authorize City Manager, or designee, to execute and administer Amendment Number Six to the Professional Services Agreement with Falck Mobile Health Corp. and related documents, in a form approved by the City Attorney. 10. AMENDMENT TO AGREEMENT WITH SYSTEMS INTEGRATED FOR MAIN PLANT PER- AND POLYFLUOROALKYL SUBSTANCES WATER TREATMENT PLANT SCADA SUPPORT Recommendation: 1. Authorize City Manager, or designee, to execute and administer Amendment No. One to the Professional Services Agreement with Systems Integrated to provide Main Plant per- and polyfluoroalkyl substances (PFAS) water treatment plant SCADA support on a month-to-month basis from December 1, 2023 through April 30, 2024, in a form approved by the City Attorney. 2. Authorize Director of Administrative Services, or designee, to award $146,658.35 purchase order with Systems Integrated for Main Plant PFAS Water Treatment Plant SCADA support services. 3. Authorize Public Works Director, or designee, to approve any future change orders for Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 6  professional design and construction support services within the approved project budget. 11. KIMBERLY AVENUE SEWER RECONNECTION Recommendation: 1. Approve plans and specifications for the Kimberly Avenue Sewer Reconnection Project. 2. Approve $294,000 budget transfer and Sewer Enterprise Funds (Fund 47) appropriation from Project 51419 Annual Sewer Replacement Project to Project 51031 Kimberly Avenue Sewer Reconnection Project (Fund 47). 3. Award $249,250 construction contract to Big Ben, Inc. for the Kimberly Avenue Sewer Reconnection Project through informal bid procedures 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. 12. POLICE DEPARTMENT PATROL VEHICLES PURCHASE Recommendation: Approve $281,926.88 purchase order for four Dodge Durango Pursuit Vehicles from National Auto Fleet Group. PUBLIC HEARINGS (Item 13) 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. 13. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET (CONTINUED FROM OCTOBER 3, 2023 MEETING) A request to review and act on an appeal of the 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: 1. Adopt the following resolutions: 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 Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 7  CONSTRUCT AN AUTOMOBILE SERVICE STATION, ON PROPERTY ZONED G-C, GENERAL COMMERCIAL, LOCATED AT 312 NORTH EUCLID STREET Or 2. Approve the appeal and direct staff to draft resolutions to deny Planning Commission approval of the Conditional Use Permit and Major Site Plan requests. REGULAR BUSINESS (Items 14 - 15) 14. PARK DWELLING FEE ALLOCATION AND PROXIMITY REQUIREMENTS FOR EXPENDITURE OF FUNDS City Council requested a review of the administration and use of Park Dwelling Fees and the Park Dwelling Fee Fund to consider requiring fees used within a certain distance from the new home construction initiating the fee. Recommendation: Direct staff to move forward with one of the following options: Option 1: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City to use of 50% of fees collected from housing development projects with more than 20 dwelling units within two miles of the development project. This option would prioritize funding for parks most impacted by the development project while ensuring flexibility to redirect funds to the next closest park if needed. Option 2: Make no changes to the Park Dwelling Fee ordinance to allow the use of funds throughout the City. Option 3: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City to allocate 50% of fees collected from housing developments with more than 20 dwelling units to the park(s) located closest to the development project generating the park dwelling fees. This option would prioritize funding for the nearest parks while ensuring flexibility to redirect funds to the next closest park if needed. Option 4: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City to allocate some other percentage of fees collected from housing development to the park(s) located closest to the development project generating the park dwelling fees. 15. KEY RESULTS OF COMMUNITY ISSUES SURVEY AND POSSIBLE ACTION ON CONTINUING COMMUNITY ENGAGEMENT ON CRITICAL FULLERTON PRIORITIES Consideration of further public engagement to continue exploring primary concerns raised by individuals surveyed through scientific polling. Staff recommends City Council authorize staff to provide a variety of community engagement opportunities on key findings of the survey and consider options available to City Council to meet those needs. Recommendation: Authorize continuing community engagement on key findings of the survey. Fullerton City Council | Successor Agency Agenda October 17, 2023 - Page 8 ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, November 7, 2023 • WELL 6 REHABILITATION • FLOOD ORDINANCE UPDATE • CLASSIFICATION PLAN UPDATE • FIRE STATION NO. 1 CELL TOWER LEASE • WELL #10 AND PIPELINE DESIGN SERVICES • THE PINES AT SUNRISE VILLAGE ASSIGNMENT • GROUNDSWELL ANNUAL REPORT PRESENTATION • DISABLED PERSON’S PARKING ZONE AT 2533 FLOWER AVENUE • TREASURER’S REPORT FOR QUARTER ENDING SEPTEMBER 30, 2023 • DISABLED PERSON’S PARKING ZONE AT 437 443 WEST VALENCIA DRIVE • UPDATE TO NON-REGULAR EMPLOYEE SCHEDULE OF HOURLY PAY RATES • DEFERRED HOME IMPROVEMENT LOAN APPEAL • RESCIND “EARLY MORNING PARKING” RESTRICTION ON VALWOOD DRIVE • FPOA POLICE SAFETY AND DISPATCHER UNIT AGREEMENT Tuesday, November 21, 2023 • NOISE ORDINANCE • OCTOBER 2023 CHECK REGISTER • ON CALL SCADA INTEGRATION SERVICES • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT 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 October 17, 2023 - Page 9