City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - DECEMBER 15, 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. Bruce Whitaker Nick Dunlap Fred Jung Mayor (District 4) Mayor Pro Tem (District 2) Council Member (District 1) Jesus Silva Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA DECEMBER 15, 2020 - 4:00 P.M. Fullerton Community Center - 340 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: Orange County Catholic Worker et al v. Orange County et al United States District Court, Central District of California Case Number: 8:18-cv-00155-DOC-JDE 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Wagner, et al. v. City of Fullerton, et al. Case Number: OCSC Case No. 30-2018-0103122-CU-CR-CJC 6. 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 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 1600 West Commonwealth Ave., Fullerton, CA (APN: 030-290-22) Agency Negotiator: City Manager Kenneth A. Domer Under Negotiations: Price and Terms 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 2 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case ADJOURN CLOSED SESSION AND RECONVENE STUDY SESSION Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY STUDY SESSION AGENDA DECEMBER 15, 2020 - 5:30 P.M. Fullerton Community Center - 340 West Commonwealth Avenue, Fullerton, CA PUBLIC COMMENT - Study Session City Council / Successor Agency will hear public comments on matters appearing on the Study Session agenda. STUDY SESSION 1. CITY HOMELESSNESS RESPONSE OVERVIEW Update on recent homeless response and coordination with federal court representatives and overview of future homeless prevention programs. ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 6:30 p.m., 340 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 4  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA DECEMBER 15, 2020- 6:30 P.M. Fullerton Community Center - 340 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 - 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 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 - 12) 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. NOVEMBER 17, 2020 AND DECEMBER 1, 2020 MEETING MINUTES Recommendation: Approve November 17, 2020 and December 1, 2020 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 5 2. NOVEMBER 2020 CHECK REGISTER Recommendation: Receive and file. 3. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO AIRPORT RULES AND REGULATIONS - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3295. ORDINANCE NO. 3295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REPEALING CHAPTER 18.03 (USE AND OPERATION) OF TITLE 18 (AIRPORT) AND AMENDING TITLE 18 (AIRPORT) WITH THE ADDITION OF A REVISED CHAPTER 18.03 (USE AND OPERATION) OF THE CITY OF FULLERTON MUNICIPAL CODE TO UPDATE THE RULES AND REGULATIONS FOR THE OPERATION OF THE AIRPORT 4. CONSIDERATION OF CONTINUED MEMBERSHIP IN THE ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY (ACC-OC) Recommendation: Discontinue membership in Association of California Cities - Orange County. 5. WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION PROGRAM - FULLERTON FIREFIGHTERS’ ASSOCIATION Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION 2. Authorize City Manager, or designee, to execute agreement. 6. MEASURE M2 EXPENDITURE REPORT Recommendation: 1. Approve annual M2 expenditure report. 2. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF FULLERTON FOR THE FISCAL YEAR ENDING JUNE 30, 2020 7. FISCAL YEAR 2019 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT AGREEMENT Recommendation: Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 6  Approve FY 2019 UASI agreement and authorize City Manager, or designee, to execute, accept grant award and increase Fund 32 appropriations in the same. 8. BANKING SERVICES PROVIDER EXTENSION Recommendation: Approve Amendment to Professional Services Agreement with Bank of the West for three-year extension for banking services and authorize City Treasurer to execute Amendment in a form approved by the City Attorney. 9. NON-EXCLUSIVE ENCROACHMENT LICENSE AGREEMENT WITH MARK R. BENEDICT TO OCCUPY LEMON STREET RIGHT-OF-WAY Recommendation: Authorize City Manager to execute a non-exclusive encroachment license agreement with Mark R. Benedict to occupy Lemon Street right-of-way. 10. PICKUP TRUCK REPLACEMENT AND PURCHASE FOR FIRE RESCUE ATV AND TRAILER Recommendation: Approve $78,011.65 purchase of new 2021 Ram 3500 pickup truck from Wonderies Fleet Group / National Auto Fleet Group through Sourcewell cooperative purchasing. 11. WELL 7 DESTRUCTION AND WELL 7A CONSTRUCTION PROJECT Recommendation: 1. Approve plans and specifications for Well 7 Destruction and Well 7A Construction Project. 2. Award $1,286,929 construction contract for Well 7 Destruction and Well 7A Construction Project to Best Drilling and Pump, Inc. and authorize City Manager, or designee, to execute agreement in a form approved by the City Attorney. 3. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within approved project budget. 12. MISCELLANEOUS STORM DRAIN IMPROVEMENTS FISCAL YEAR 2020-21 Recommendation: 1. Approve plans and specifications for the Miscellaneous Storm Drain Improvements FY 2020-21 - South Euclid Street, Lemon Street, Kimberly Avenue, North Richman Avenue, North Berkeley Avenue and South Malden Avenue Project. 2. Approve $90,000 budget transfer from Capital Drainage Fund from Project 52591, Annual Miscellaneous Storm Drain Repair Project to Project 52015 Miscellaneous Storm Drain Improvements FY 2020-21 - South Euclid Street, Lemon Street, Kimberly Avenue, North Richman Avenue, North Berkeley Avenue and South Malden Avenue Project. Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 7  3. Award $88,400 construction contract for Miscellaneous Storm Drain Improvements FY 2020-21 - South Euclid Street, Lemon Street, Kimberly Avenue, North Richman Avenue, North Berkeley Avenue and South Malden Avenue Project to GRFCO, Inc. in a form approved by the City Attorney. 4. Authorize Public Works Director to execute contract and approve any future change orders for construction and professional engineering construction support services within approved project budget. PUBLIC HEARINGS (Items 13 - 14) 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. COMMERCIAL CANNABIS FEES PURSUANT TO CITY OF FULLERTON ORDINANCE NO. 3289 Consideration of establishing the fee amounts for commercial cannabis related actions pursuant to Ordinance No. 3289. Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AND ADOPTING THE COMMERCIAL CANNABIS APPLICATION, PERMIT, INSPECTION, RENEWAL, REGISTRATION AMENDMENT AND TRANSFER FEES PURSUANT TO ORDINANCE NO. 3289 2. Provide Staff direction regarding scheduling of availability of applications. 14. SHORT-TERM RENTAL PERMIT FEES Consideration of establishing fee amounts for short-term rentals pursuant to Ordinance No. 3290. Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AND ADOPTING THE SHORT-TERM RENTAL PERMIT AND RENEWAL FEES PURSUANT TO ORDINANCE NO. 3290 2. Approve Granicus Master Subscription Agreement for Host Compliance. REGULAR BUSINESS (Items 15 - 21) 15. URGENCY ORDINANCE TO STAY ORDINANCE NO. 3289 PERTAINING TO REGULATION OF COMMERCIAL CANNABIS BUSINESSES CITYWIDE An urgency ordinance, which requires a 4/5th affirmative vote, would stay the effective date of Ordinance No. 3289 to April 16, 2020, an ordinance adopted on November 17, 2020 on a 3 - 2 vote of City Council. Mayor Whitaker has requested consideration of this Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 8  item. Recommendation: Introduce and adopt Ordinance No. 2020-XX. ORDINANCE NO. 2020-XX - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO TEMPORARILY STAY THE EFFECTIVE DATE OF ORDINANCE NO. 3289 THAT AMENDED TITLES 3 AND 15 OF THE FULLERTON MUNICIPAL CODE REGULATING COMMERCIAL CANNABIS BUSINESSES CITYWIDE 16. REQUEST FOR PROPOSAL FOR POLICE TOWING SERVICES - RE-INSPECTIONS OF PACIFIC TOWING AND HADLEY TOW FACILITIES AND VEHICLES Consideration of results of Pacific Towing Inc. and F M G, Inc. d.b.a. Hadley Tow re-inspections in connection with RFP No. 4338, conducted pursuant to City Council direction on June 16, 2020. Recommendation: Provide direction regarding award of tow franchise agreement to Pacific Towing Inc . and/or F M G Inc. d.b.a. Hadley Tow. 17. CALPERS RESERVATION OF RIGHT LETTER This item, requested by Mayor Whitaker and Mayor Pro Tem Dunlap, proposes notification to CalPERS in order to seek to reserve the right to exclude certain groups from CalPERS membership in the future. Recommendation: Authorize Mayor to sign letter to CalPERS reserving City’s right to exclude certain groups from CalPERS Retirement System membership. 18. FISCAL SUSTAINABILITY PLAN CONSULTING AGREEMENT Professional services agreement with MGT Consulting Group to provide a fiscal sustainability plan to review the City’s operating and capital improvement expenses, revenues and multi-year projections with focus on the General Fund. Recommendation: 1. Approve estimated $86,410 agreement with MGT of America Consulting, LLC. 2. Authorize City Manager to execute agreement with MGT of America Consulting, LLC in a form approved by the City Attorney. 3. Authorize City Manager to approve necessary amendments to agreement in form approved by the City Attorney, to include increased contract amount based on City Council approved changes. 4. Approve $86,410 appropriation from General Fund reserves to City Manager expenditure budget-professional services (10121-6319). 19. ORANGE COUNTY POWER AUTHORITY BOARD APPOINTMENT (CONTINUED FROM NOVEMBER 17, 2020) Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 9  On November 2, 2020, City Council approved membership in the Orange County Power Authority. With that approval, City Council must appoint a Board Member and an alternate to the Authority. Recommendation: Appoint one regular Board Member and one alternate to act on behalf of City of Fullerton within the powers of the Orange County Power Authority JPA. 20. PROFESSIONAL SERVICES AGREEMENTS WITH GOVINVEST, INC. FOR PENSION LIABILITY, OPEB AND ACTUARIAL SERVICES AND ADASTRAGOV, INC. FOR LABOR COSTING TECHNOLOGY Staff requests City Council approval to award a professional services agreement with GovInvest, Inc. to provide technology and consulting services for pension liability, other post-employment benefits (OPEB) and actuarial services and with AdastraGov, Inc. to provide labor costing technology and services. Recommendation: 1. Approve and authorize City Manager, or designee, to execute a ten -year, $261,000 professional services agreement, in a form approved by the City Attorney, with GovInvest, Inc. to provide actuarial consulting services and technology and services for pension liability and other post-employment benefits and approve Van Iwaarden Associates as a subcontractor. 2. Approve and authorize City Manager, or designee, to execute a ten -year, $128,000 professional services agreement, in a form approved by the City Attorney, with AdastraGov, Inc. to provide labor costing technology and services. 21. FINAL CONSIDERATION OF PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN CITY OF FULLERTON AND FULLERTON FIREFIGHTERS’ ASSOCIATION Final consideration of proposed Side Letter of Agreement between City of Fullerton and Fullerton Firefighters’ Association. Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, January 5, 2021 • Meeting Cancelled Tuesday, January 19, 2021 • COMMITTEE RULES OF PROCEDURE REVIEW • DIRECT COMMITTEE APPOINTMENTS • RAYMOND GRADE SEPARATION SURPLUS PROPERTY TRANSFER TO OCTA • PERSONNEL MANAGEMENT SYSTEM CHANGES Fullerton City Council | Successor Agency Agenda December 15, 2020 - Page 10 • FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO SPECIAL EVENTS • INFORMATION TECHNOLOGY ONES UPGRADE AND CONSULTING • CITY COUNCIL RULES OF PROCEDURE REVIEW • REGIONAL ADVISORY BODY APPOINTMENTS 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 December 15, 2020 - Page 11