City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - NOVEMBER 21, 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 NOVEMBER 21, 2023 - 5:00 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: Mari Cielo Ramirez, Chelsea Guadalupe Ramirez and Deja Trinity Ortiz v. City of Fullerton and Grant Morey Miner Case Number: Orange County Superior Court Case No.: 30-2023-01322104 -CU-PA-CJC 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 November 21, 2023 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA NOVEMBER 21, 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 - None 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 - 14) 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. NOVEMBER 7, 2023 MEETING MINUTES Recommendation: Approve November 7, 2023 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda November 21, 2023 - Page 3 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. OCTOBER 2023 CHECK REGISTER Recommendation: Receive and file. 4. FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2023-24 Recommendation: Receive and file. 5. OPIOID LITIGATION SETTLEMENT FUNDS DISTRIBUTION Recommendation: City to receive annual abatement funds directly in 2024. 6. FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FUNDING CERTIFICATION AND COMMITMENT Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CERTIFYING THAT THE CITY OF FULLERTON HAS THE RESOURCES TO FUND THE PROJECTS IN THE FEDERAL FISCAL YEARS 2024-25 THROUGH 2029-30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 7. 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ACCEPTANCE FOR LAW ENFORCEMENT EXPENSES Recommendation: 1. Approve Memorandum of Understanding (MOU) accepting the 2023 Justice Assistance Grant and authorize City Manager, or designee, to execute the MOU. 2. Appropriate receipt and use of $27,925 2023 Justice Assistance Grant allocation to the Police Department budget within Grant Fund (Fund 32). 8. ROUND TWO OUTDOOR EQUITY GRANTS PROGRAM APPLICATION Recommendation: 1. Adopt Resolution No. 2023-XXX . RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS APPLICATION Fullerton City Council | Successor Agency Agenda November 21, 2023 - Page 4  2. Authorize City Manager to execute and administer all grant-related documents. 3. Accept and appropriate receipt and use of Outdoor Equity Grants Program funds as awarded and upon receipt of grant award. 9. CLEAN CALIFORNIA TRANSIT INITIATIVE PROGRAM GRANT AWARD AGREEMENTS AND BUDGET APPROPRIATION FOR FULLERTON TRANSIT STATION ENHANCEMENT PROJECT Recommendation: 1. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING A REPRESENTATIVE TO SIGN AND EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF FULLERTON TRANSIT STATION ENHANCEMENT PROJECT 2. Authorize City Manager to execute agreements for services, supplies and materials as necessary in the amounts needed and in an expeditious manner to fulfill grant requirements and ensure all deliverables are completed by December 2024. 3. Appropriate receipt and use of $799,000 grant award from the Clean California Transit program in Capital Projects Fund (Fund 74). 10. THIRD AMENDMENT TO LEASE AGREEMENT WITH CALVARY CHAPEL OPEN DOOR FOR A LEASE RATE REDUCTION Recommendation: 1. Approve third amendment to lease agreement with Calvary Chapel Open Door to reduce lease rates by 20% for the remaining lease term for the operation of a church parking lot at City-owned real property Assessor Parcel Number 271-082-26 (Main Plant). 2. Authorize City Manager to execute lease agreements on behalf of the City of Fullerton, in a form approved by the City Attorney. OR 3. Deny lessee request for rent reduction and provide alternative direction to staff. 11. CONTRACT EXTENSION WITH PUBLIC TRUST ADVISORS, LLC FOR INVESTMENT ADVISORY SERVICES Recommendation: Approve sixth amendment to agreement between the City of Fullerton and Public Trust Advisors, LLC for investment advisory services and authorize Director of Administrative Services / City Treasurer to execute and administer agreement, in a form approved by the City Attorney. 12. AGREEMENT WITH ZERO FOODPRINT FOR SENATE BILL 1383 COMPOST CREDIT PROCUREMENT Recommendation: Fullerton City Council | Successor Agency Agenda November 21, 2023 - Page 5  1. Authorize Administrative Services Director, or designee, to award a $40,756.80 purchase order to Zero Foodprint. 2. Authorize City Manager, or designee, to execute and administer agreements and related documentation necessary to procure Senate Bill 1383 credit for 1,940.80 tons of compost use. 13. AGREEMENT WITH THE LEW EDWARDS GROUP FOR ENGAGEMENT AND COMMUNICATIONS OUTREACH SERVICES Recommendation: Authorize City Manager to execute agreement with The Lew Edwards Group not to exceed $58,500 for engagement and communications outreach services from November 21, 2023 to July 31, 2024, in a form approved by the City Attorney. 14. COOPERATIVE AGREEMENT WITH CITY OF LA HABRA FOR HARBOR BOULEVARD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT Recommendation: Authorize Public Works Director, or designee, to enter into a cooperative agreement with the City of La Habra for the Harbor Boulevard Regional Traffic Signal Synchronization Program Project. PUBLIC HEARINGS (Item 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. 15. FULLERTON MUNICIPAL CODE NOISE STANDARDS AND REGULATIONS AMENDMENTS Staff noticed a public hearing to amend Fullerton Municipal Code noise standards on November 21, 2023. The Planning Commission must first consider the item at a continued Public Hearing on November 22, 2023. Staff requests City Council continue their Public Hearing to accommodate the Planning Commission schedule. Recommendation: Continue Public Hearing to December 19, 2023 at 5:30 p.m. in the Fullerton Council Chamber. REGULAR BUSINESS (Items 16 - 20) 16. PROFESSIONAL SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORP. FOR EMERGENCY BASIC LIFE SUPPORT AMBULANCE SERVICES Provide direction regarding ambulance service levels and authorize City Manager, or designee, to finalize and execute a three-year Professional Services Agreement with Falck Mobile Health Corp. with two additional one-year optional renewals for Emergency Basic Life Support Ambulance Services. Recommendation: Fullerton City Council | Successor Agency Agenda November 21, 2023 - Page 6  1. Authorize City Manager, or designee, to execute and administer a Professional Services Agreement with Falck Mobile Health Corp., related documents and options to renew, including expansion of Emergency Basic Life Support Ambulance Services on July 1, 2024, in a form approved by the City Attorney. 2. Approve $191,340 budget appropriation from available General Fund (Fund 10) fund balance to Fire Department Fire EMS Program (Subprogram 246). 17. RAIL DISTRICT SPECIFIC PLAN UPDATE The City developed several housing development concepts in 2020 as part of an effort to complete the sixth Cycle Housing Element. One such effort proposed a Rail District Specific Plan concept, funded by a $200,000 Southern California Association of Governments grant. Recommendation: Receive and file. 18. SERIES STREET LIGHT AND PILOT STREETLIGHT PROJECTS UPDATE The City has approximately 7,000 streetlights with approximately half on high-voltage (series) circuits powered by transformers that Southern California Edison (SCE) no longer supports. Staff and SCE are searching for alternatives, including two pilot programs. Recommendation: Receive and file. 19. UNION PACIFIC PARK DESIGN The Parks and Recreation Commission approved the Union Pacific Park proposed concept plan on November 13, 2023. The design incorporated extensive community input, including Union Pacific Ad-Hoc Committee recommendations and community survey results. Recommendation: Approve the proposed design for Union Pacific Park. 20. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION Proposed Memorandum of Agreement between the City of Fullerton and the Fullerton Police Management Association reflecting a tentative agreement on wages, hours and working conditions for City Council consideration. Recommendation: 1. Adopt Resolution No. 2023-XXX. 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 POLICE MANAGEMENT ASSOCIATION 2. Approve a $163,187 budget appropriation from the General Fund (Fund 10) unassigned fund balance to Police Department budget for Fiscal Year 2023-24. Fullerton City Council | Successor Agency Agenda November 21, 2023 - Page 7 ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, December 5, 2023 • MAIN LIBRARY BUILDING FORWARD INFRASTRUCTURE GRANT • MAYOR / CHAIR AND MAYOR PRO TEM / VICE CHAIR APPOINTMENT Tuesday, December 19, 2023 • ON CALL SCADA INTEGRATION SERVICES • NOVEMBER 2023 CHECK REGISTER • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • FIRE STATION NO. 1 CELL TOWER LEASE • SHORT TERM RENTALS AND FEES • NOISE ORDINANCE • FLOOD ORDINANCE UPDATE • SENIOR COMMISSION ESTABLISHMENT • HOUSING LOAN COMMITTEE DECISION FOR A DEFERRED HOME IMPROVEMENT LOAN APPEAL • CONSIDERATION OF EXISTING OVERNIGHT PARKING BAN ORDINANCE PLACEHOLDER • PARK DWELLING FEES 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 November 21, 2023 - Page 8