City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JUNE 4, 2024 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. Nick Dunlap Fred Jung Shana Charles Mayor (District 2) Mayor Pro Tem (District 1) Council Member (District 3) Bruce Whitaker Ahmad Zahra Council Member (District 4) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA JUNE 4, 2024 - 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 - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case (Amerige Heights HOA / access) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 340 West Commonwealth Avenue, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Boys and Girls Club Under Negotiations: Price and Terms 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 2701 Nutwood Avenue, Fullerton, CA 92831 Agency Negotiator: City Manager Eric J. Levitt Negotiating Parties: The State of California through the Trustees of the California State University, Marriott Under Negotiations: Price and Terms ADJOURNMENT Adjourn to next regularly scheduled City Council / Successor Agency meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JUNE 4, 2024 - 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: Moustaches for Kids 2. CERTIFICATE: Fullerton School District Speech and Debate Nationals Participants 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 - 8) 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. MAY 21, 2024 MEETING MINUTES Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 3  Proposed Motion: Approve May 21, 2024 City Council / Successor Agency Meeting Minutes. 2. NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION Proposed Motion: Adopt the following resolutions: RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CALLING FOR HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY STATE OF CALIFORNIA LAWS RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION HELD ON THE DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS FOR THE TUESDAY, NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION 3. LEMON WHITING PARKING LOT TITLE TRANSFER AND LAND CONVEYANCE TO CITY OF FULLERTON FROM DISSOLVED PARKING AUTHORITY Proposed Motion: 1. Adopt Resolution No. 2024-XXX. RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ACCEPTING OF REAL PROPERTY TITLE OWNERSHIP OF PROPERTY LOCATED AT ASSESSOR PARCEL NUMBER 033-013-24 FROM THE DISSOLVED FULLERTON PARKING AUTHORITY 2. Execute Certificate of Acceptance and Quit Claim Deed to transfer certain real property at 230 East Chapman Avenue, APN No. 033-013-24, from the former Fullerton Parking Authority to the City of Fullerton. 4. FOX BLOCK PROJECT UNDERGROUND UTILITY WAIVER REQUEST Proposed Motion: Approve the underground utility requirement waiver request in accordance with Fullerton Municipal Code Section 16.05.060. 5. PROFESSIONAL SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES Proposed Motion: 1. Authorize City Manager, or designee, to enter and administer a Professional Services Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 4  Agreement with All City Management Services, Inc. for one year for crossing guard services, in a form approved by the City Attorney. 2. Authorize City Manager, or designee, to execute and administer related documents, in a form approved by the City Attorney. 6. PURCHASE AND SALE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR STREET LIGHT CONVERSION PROJECT 2024 Proposed Motion: 1. Approve purchase and conversion of the 606 - 548 West Orangethorpe circuit to transfer approximately 94 LS-2 street lights to Southern California Edison (SCE) to replace the system with new LS-1 street lights owned and operated by SCE. 2. Authorize City Manager or designee to execute the Purchase and Sale Agreement. 7. CONTRACT WITH HARDY & HARPER, INC. FOR LAS PALMAS AREA STREET REHABILITATION PROJECT Proposed Motion: 1. Approve plans and specifications for Project 44069 Las Palmas Area Street Rehabilitation Project. 2. Approve the following budget transfers and appropriations in CIP Project 44069 Las Palmas Area Street Rehabilitation Project: · $2,407,000 Measure M2 Funds (Fund 74) from CIP Project 44589 CIP Project Annual Residential Street Program to 44069 Las Palmas Area Street Rehabilitation Project (Fund 74). · $205,000 Sewer Enterprise (Fund 47) from CIP Project 51419 Annual Sewer Replacement Program to 44069 Las Palmas Area Street Rehabilitation Project (Fund 47). · $384,000 Drainage Outlay (Fund 36) from CIP Project 52591 Annual Miscellaneous Storm Drain Repair to 44069 Las Palmas Area Street Rehabilitation Project (Fund 74). 3. Award $2,585,000 construction contract to Hardy & Harper for Project 44069 Las Palmas Area Street Rehabilitation Project Inc. and authorize City Manager, or designee, to execute and administer 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 approved project budget. 8. CONTRACT WITH ALL AMERICAN ASPHALT FOR HERMOSA AREA STREET REHABILITATION PROJECT Proposed Motion: 1. Approve plans and specifications for the Hermosa Area Street Rehabilitation Project. 2. Approve the following budget transfers and appropriations in CIP Project 44075 Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 5  Hermosa Area Street Rehabilitation: · $1,250,000 American Rescue Plan Act Revenue Replacement Funds (Fund 74) from CIP Project 44589 Residential Street Program to CIP Project 44075 Hermosa Area Street Rehabilitation within the Capital Projects Fund (Fund 74) · $1,250,000 Infrastructure Funds (Fund 74) from CIP Project 44589 Residential Street Program to CIP Project 44075 Hermosa Area Street Rehabilitation within the Capital Projects Fund (Fund 74) · $320,000 Gas Tax Funds (Fund 74) from CIP Project 44589 Residential Street Program to CIP Project 44075 Hermosa Area Street Rehabilitation within the Capital Projects Fund (Fund 74) · $457,000 Sewer Enterprise Fund (Fund 47) from CIP Project 51419 Annual Sewer Replacement Program to CIP Project 44075 Hermosa Area Street Rehabilitation within the Sewer Enterprise Fund (Fund 47). 3. Award $2,878,222 construction contract to All American Asphalt for Hermosa Area Street Rehabilitation Project and authorize City Manager, or designee, to execute and administer 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. PUBLIC HEARINGS (Items 9 - 10) 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. 9. FISCAL YEAR 2024-25 ANNUAL OPERATING BUDGET, SCHEDULE OF FEES AND CHARGES AND ANNUAL APPROPRIATIONS LIMIT Consideration of City of Fullerton Fiscal Year 2024-25 Annual Operating Budget including General Fund, Capital Improvement Program and all other City Funds, City Schedule of Fees and Charges and Annual Appropriations Limit. Proposed Motion: Adopt the following resolutions: RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE CITY OF FULLERTON OPERATING BUDGET FOR FISCAL YEAR 2024-25 AND APPROPRIATING FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 PURSUANT TO CALIFORNIA STATE CONSTITUTION ARTICLE XIII B RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 6  OF FULLERTON, CALIFORNIA, ADOPTING THE CITY OF FULLERTON MASTER SCHEDULE OF FEES AND CHARGES FOR FISCAL YEAR 2024-25 10. ELECTRIC VEHICLE CHARGING AND HYDROGEN FUELING STATION PERMIT PROCESS Assembly Bills 1236 and 970 and Senate Bill 1291 streamline alternative fuel station permitting, including Electric Vehicle (EV) charging and hydrogen stations, limiting review to life / safety checks and requiring a five-day plan check turnaround for up to 25 EV charging systems and ten days for projects with more than 25 stations. Proposed Motion: Introduce Ordinance 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, ADDING FULLERTON MUNICIPAL CODE CHAPTER 14.30 TITLED “PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN FUELING STATIONS” REGULAR BUSINESS (Items 11 - 12) 11. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH FOX HARBOR LLC FOR THE FOX BLOCK DEVELOPMENT PROJECT An unexpected delay occurred in executing and recording the Covenants, Conditions and Restrictions Amendment and Developer Easements Grant for the Fox Block commercial and retail project which necessitates amending the Disposition and Development Agreement to extend the project schedule. Proposed Motion: Approve the First Amendment to Disposition and Development Agreement between Fox Harbor LLC and the City of Fullerton. 12. BUDGET ENHANCEMENT OPPORTUNITIES City Council directed staff to present potential revenue and financing options to consider for the coming year at a future meeting on April 23, 2024. Staff would bring back any options requested by City Council with additional information for further consideration. Proposed Motion: Identify items for staff to bring back for further consideration. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, June 18, 2024 • MAY 2024 CHECK REGISTER • 2ND READING ELECTRIC VEHICLE AND HYDROGEN FUEL STREAMLINING • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • AGREEMENT WITH SP PLUS FOR PARKING ENFORCEMENT SERVICES • MEASURE M2 FUNDING ELIGIBILITY RENEWAL FOR FISCAL YEAR 24-25 • MEASURE M2 ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM FY24-25 Fullerton City Council | Successor Agency Agenda June 4, 2024 - Page 7 Tuesday, July 2, 2024 • AGREEMENT WITH GRACE MINISTRIES FOR SURPLUS LAND PURCHASE • WALK ON WILSHIRE 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 June 4, 2024 - Page 8