City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JUNE 16, 2020 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. Jennifer Fitzgerald Jan Flory Jesus Silva Mayor (At-Large) Mayor Pro Tem (At-Large) Council Member (District 3) Bruce Whitaker Ahmad Zahra Council Member (At-Large) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA JUNE 16, 2020 - 4:30 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA CALL TO ORDER ROLL CALL PUBLIC COMMENTS 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. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Kenneth Domer, Ellis Chang and Jay Trinnaman Employee Organization/s: Fullerton Firefighters’ Association, Fullerton Fire Management Association, Fullerton Management Association, Fullerton Municipal Employees Federation, Fullerton Police Management Association, Fullerton Police Officers’ Association - Safety and Dispatch Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA v. Brendan O’Reilly, City of Fullerton, et al. Case Number: OCSC Case No.: 30-2017-00952643 ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 6:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JUNE 16, 2020 - 6:30 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 PURSUANT TO FMC 2.33.040 - TRANSPARENCY AND ACCOUNTABILITY IN LABOR NEGOTIATIONS PRESENTATIONS - None PUBLIC COMMENTS 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 not pulled from the Consent Calendar 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. 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 his / her 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 - 15) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not have separate discussion of these items unless Council / Agency Members, Staff or the public request discussion or removal of specific Consent Calendar items for separate action. 1. JUNE 2, 2020 MEETING MINUTES Recommendation: Approve June 2, 2020 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 3 2. MAY 2020 CHECK REGISTER Recommendation: Receive and file. 3. CITY COUNCIL POLICY ON HUNT BRANCH LIBRARY BUILDING Recommendation: Adopt the “Hunt Library Building Policy Statement.” 4. POLICIES AND PROCEDURES FOR EVALUATING TRANSPORTATION IMPACTS AND EFFECTS IN RESPONSE TO SB 743 (2013) (CONTINUED FROM JUNE 2, 2020) Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THRESHOLDS OF SIGNIFICANCE UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15064(B)(2) AND 15064.7, TO ADDRESS A PROJECT’S POTENTIAL TO IMPACT TRANSPORTATION BY THE AMOUNT AND DISTANCE OF AUTOMOBILE TRAVEL ATTRIBUTABLE TO A PROJECT, REFERRED TO AS VEHICLE MILES TRAVELED (VMT) FOR LAND USE AND TRANSPORTATION PROJECTS; ADOPTING CRITERIA, PURSUANT TO THE FULLERTON PLAN, TO DETERMINE A PROJECT’S EFFECT ON TRANSPORTATION BY THE AMOUNT OF AUTO DELAY, REFERRED TO AS LEVEL OF SERVICE (LOS) FOR LAND USE AND TRANSPORTATION PROJECTS; AND ADOPTING THE CITY OF FULLERTON TRANSPORTATION ASSESSMENT POLICIES AND PROCEDURES (TAPP) TO SET THE METHODS BY WHICH PROJECTS ARE EVALUATED AND ANY IMPACTS OR EFFECTS ARE ADDRESSED IN RESPONSE TO SB 743 (2013) 2. Make finding that project is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3). 5. REAFFIRMATION OF CITY’S COMMITMENT TO ANTI-DISCRIMINATION AND EQUITABLE COMMUNITIES Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REAFFIRMING THE CITY’S COMMITMENT TO A DIVERSE, SUPPORTIVE, INCLUSIVE COMMUNITY AND TO PROTECTING THE CONSTITUTIONAL RIGHTS OF ITS RESIDENTS 6. INSURANCE PROGRAM REPORT AND RECOMMENDATIONS Recommendation: 1. Authorize City Manager, or designee, to bind excess workers’ compensation Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 4  insurance with maximum limit set to statutory benefit maximums and lower limit of $750,000 for non-safety employees and $1 million for safety employees with Safety National Insurance Company at a premium cost of $189,868. 2. Authorize City Manager, or designee, to bind earth movement and flood insurance with Endurance American Specialty Insurance Company, Landmark American Insurance Company and Lloyd’s of London with combined limits of $20 million for a combined premium of $562,852. 3. Receive and file report relative to the City’s insurance programs, ancillary insurance coverage purchases and participation in the Independent Cities Risk Management Authority (ICRMA) joint powers authority to procure excess liability insurance above $8 million per occurrence, All Risk Property coverage, Auto Physical Damage Insurance, Crime Insurance, Cyber Liability Insurance and Terrorism Insurance. 7. MEASURE M2 FUNDING ELIGIBILITY RENEWAL Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M2 (M2) PROGRAM RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM 2. Approve and authorize Staff to submit to the Orange County Transportation Authority (OCTA), the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2020-2021 through 2027-2028 to comply with Measure M2 eligibility criteria. 3. Authorize Public Works Director to make administrative changes, including those advised by OCTA, if necessary. 8. CALIFORNIA STATE UNIVERSITY, FULLERTON - FEDERAL WORK STUDY PROGRAM AGREEMENT RENEWAL Recommendation: 1. Approve Independent Contractor Agreement between California State University Fullerton and City of Fullerton and authorize Parks and Recreation Director to sign agreement and subsequent amendments to current agreement not to exceed twelve months, in a form approved by the City Attorney. 2. Authorize appropriation of use and receipt of funds resulting from Independent Contractor Agreement between California State University Fullerton and City of Fullerton. 9. WEST COYOTE HILLS - GRANT AWARD FOR PROPERTY ACQUISITION Recommendation: 1. Authorize Director of Parks and Recreation to sign all S.L. Gimbel Foundation grant Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 5  documents. 2. Approve Fiscal Year 2020-21 revenue and expenditure budget appropriation of $1 million in grant funds to West Coyote Hills Acquisition Project 54036. 10. PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SOLID WASTE SB 1383 CONTRACTING ASSISTANCE Recommendation: 1. Approve Professional Services Agreement not to exceed $30,000 with HF&H Consultants, LLC, in a form approved by the City Attorney, to provide solid waste Senate Bill 1383 contracting assistance. 2. Authorize Public Works Director to execute amendment to the Professional Services Agreement with HF&H Consultants, LLC, in a form approved by the City Attorney, to include Task C - Contract Negotiation subject to available appropriation. 11. CITY TRAFFIC ENGINEER AND TRAFFIC ENGINEERING SERVICES CONTRACT Recommendation: 1. Approve agreement with LG2WB Engineers, Inc. (LLG), in an estimated amount of $240,115 yearly for a period of a three years with a maximum of three optional one-year extensions for traffic engineering services at the contract hourly rate of $198 / hour for consultant City Traffic Engineer, and at the fee schedule of hourly rates for on-call traffic engineering and maintenance services included in the LLG ’s Fee Proposal, dated June 1, 2020. 2. Authorize Public Works Director to execute agreement with LG2WB Engineers, Inc., in a form approved by the City Attorney. 3. Authorize Public Works Director to approve necessary amendments to agreement in a form approved by the City Attorney and approve and execute one -year extensions up to a maximum three year extension. 4. Approve six-month contract extension with Albert Grover and Associates (AGA) for traffic engineering services at the schedule of hourly rates for miscellaneous traffic engineering services included in the AGA Fee Proposal, dated June 2, 2020. 5. Authorize Public Works Director to execute agreement with AGA in a form approved by the City Attorney. 12. NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION Recommendation: Adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 6  OF FULLERTON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2020 WITH THE STATEWIDE GENERAL ELECTION HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TUESDAY, NOVEMBER 3, 2020 13. SURPLUS PROPERTY DECLARATION FOR 1600 WEST COMMONWEALTH AVENUE, 799 ROLLING HILLS DRIVE, 3151 NORTH EUCLID STREET AND PARCEL NO. 280-016-07 (BASTANCHURY TREE FARM) Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING THE PROPERTIES AT 1600 WEST COMMONWEALTH AVENUE, 799 ROLLING HILLS DRIVE, 3151 NORTH EUCLID STREET AND PARCEL NO. 280-016-07 TO BE SURPLUS PROPERTY PURSUANT THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220-54234) 14. PROPOSED REVISION TO SANITATION CHARGE TO MAINTAIN CURRENT REVENUE LEVELS Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A REVISED SANITATION CHARGE - REDUCING THE PERCENTAGE USED TO CALCULATE THE CHARGE FROM 22% TO 19% 15. JACARANDA-DRAKE AREA INFRASTRUCTURE IMPROVEMENTS Recommendation: 1. Approve plans and specifications for Jacaranda-Drake Area Infrastructure Improvements Project. 2. Approve $3,097,250 in budget transfers to Project 44042 Jacaranda-Drake Area Infrastructure Improvements Project in the following amounts: · $1,095,000 of General Fund from Project 44589 Residential Street Reconstruction Program. · $183,750 of Water Fund from Project 53625 Upgrade & Rehabilitation City Reservoirs Fiscal Year 2016-17. · $952,500 of Sewer Enterprise Fund from Project 51419 Annual Sewer Replacement Program. · $866,000 of Gas Tax from Project 44589 Residential Street Program. Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 7  3. Award $2,488,035 construction contract for the Jacaranda-Drake Area Infrastructure Improvements Project to GRFCO, Inc. in a form approved by the City Attorney. 4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project budget. PUBLIC HEARINGS (Items 16 - 17) 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. 16. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO REGULATION OF SHORT-TERM RENTALS (CONTINUED FROM JUNE 2, 2020) Proposed amendments to Titles 4 and 15 of the Fullerton Municipal Code in order to regulate short-term rental uses in residential zones or applicable Specific Plans. Recommendation: Continue item to July 21, 2020 City Council meeting at 6:30 p.m. in the Fullerton City Council Chambers. 17. FISCAL YEAR 2019-20 ANNUAL ACTION PLAN AMENDMENT 2 TO CREATE EMERGENCY RENTAL ASSISTANCE PROGRAM At the June 2, 2020 City Council Meeting, City Council discussed the impacts of coronavirus on renters throughout the City and directed Staff to look at financial assistance, preferably through Federal CARES Act. Staff has reviewed options and recommends amending the 2019-20 Annual Action Plan to reallocate a portion of CDBG-CV funding to an Emergency Rental Assistance Program for residents impacted by the coronavirus virus city-wide. Recommendation: 1. Approve Draft Substantial Amendment to the 2019-20 Annual Action Plan and authorize Staff to submit Amended Plan to the U.S. Department of Housing and Urban Development funding under the Coronavirus Aid, Relief and Economic Security Act. 2. Authorize Director of Community and Economic Development, or designee, to execute Community Development Block Grant (Coronavirus Aid, Relief and Economic Security Act) agreement for Emergency Rental Assistance Program. 3. Accept grant award and appropriate receipt and use of CDBG-CV grant funds. REGULAR BUSINESS (Items 18 - 21) 18. PAVEMENT MANAGEMENT PLAN STATUS AND UPDATE Orange County Transportation Authority requires all member agencies to update their Pavement Management Plan on a bi-annual basis to remain eligible for transportation funding. This presentation will summarize the results of this update. Recommendation: Receive and file. Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 8 19. ESTABLISHMENT OF INFRASTRUCTURE FUND WITH AUTOMATIC DEPOSIT OF REVENUES, ABOVE A BASELINE, FOR DESIGNATED INFRASTRUCTURE IMPROVEMENTS At the March 3, 2020 meeting, City Council received a report and recommendations from the Infrastructure and Natural Resources Advisory Committee and directed Staff bring back an item to consider fiscal policies or ordinances related to finances that address current or future enhanced revenue sources and how such funds are expended, to ensure continued fiscal sustainability and ongoing infrastructure improvements. The proposed ordinance would create a dedicated Infrastructure Fund and set forth a method to deposit revenues above a designated baseline for secured property tax and sales tax revenues in order to increase the City’s ability to make infrastructure improvements. 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, ADDING CHAPTER 2.48.380 TO THE FULLERTON MUNICIPAL CODE TO ESTABLISH AN INFRASTRUCTURE FUND 20. PROFESSIONAL TOWING SERVICES REQUEST FOR PROPOSAL Staff requests City Council approval of one or more qualified tow operator applicants based on the recent Request for Proposal, RFP 4338 for professional towing services for the City of Fullerton. Recommendation: 1. Select Anaheim Fullerton Tow as a qualified tow operator for City of Fullerton as they are the only applicant who met all the requirements set forth in the Request for Proposal, which mirrors the requirements set forth by Fullerton Municipal code Chapter 3.74 and Tow Guidelines and Policy. OR 2. Provide alternative direction within the purview of this RFP. 21. AID AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR EXCHANGE OF FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN CITY OF PLACENTIA AND CITY OF FULLERTON (CONTINUED FROM JUNE 2, 2020) On July 1, 2020, the Placentia Fire and Life Safety Department will begin providing fire and emergency medical services to residents of Placentia. The City ’s contract with the Orange County Fire Authority for similar services terminates on June 30, 2020. Currently, the City of Fullerton has an Automatic Aid Agreement with the Orange County Fire Authority as the service provider for Placentia and the City of Placentia has requested the same agreement as of July 1, 2020. In addition, as part of outlining the procedures for carrying out responses between the two cities, a memorandum of understanding will be entered into by the Fire Chiefs. Recommendation: 1. Approve either Automatic Aid or Mutual Aid Agreement for Exchange of Fire, Rescue Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 9  and Emergency Medical Services between City of Placentia and City of Fullerton. 2. Authorize Fire Chief to enter into Memorandum of Understanding outlining general operational policies of delivering fire, rescue and emergency medical services. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, July 7, 2020 • RAYMOND AVENUE GRADE SEPARATION PROJECT - BNSF AGREEMENT SUPPLEMENT • STREET VENDING ORDINANCE • COMMERCIAL CANNABIS • AWARD OF PROFESSIONAL SERVICES FOR COMMUNICATION AND OUTREACH EFFORTS Tuesday, July 21, 2020 • 2020 FIREWORKS PUBLIC SAFETY AND SALES REPORT • SPEED HUMP POLICY ADJOURNMENT Adjourn to next regularly scheduled closed session meeting at 5:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Adjourn to next regularly scheduled City Council / Successor Agency meeting at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda June 16, 2020 - Page 10