City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - DECEMBER 21, 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 SPECIAL CLOSED SESSION AGENDA DECEMBER 21, 2020 - 6:30 P.M. VIRTUAL MEETING - https://fullerton.legistar.com 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 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case ADJOURNMENT Adjourn to Special City Council / Successor Agency Meeting. Fullerton City Council | Successor Agency Agenda December 21, 2020 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY SPECIAL MEETING AGENDA DECEMBER 21, 2020 - 6:30 P.M. VIRTUAL MEETING - https://fullerton.legistar.com 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 - Special Session The public will have the opportunity to address the legislative body before or during consideration of each agenda item. City Council may limit comments to only items described on the special meeting agenda per California Government Code Section 54954.3(a). 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 - None PUBLIC HEARINGS - None REGULAR BUSINESS (Items 1 - 3) 1. AUTHORIZATION TO FILE AMICUS BRIEF IN SUPPORT OF SHERIFF BARNES / COUNTY OF ORANGE IN CASE NO. 30-2020-1141117 INVOLVING INMATE RELEASE DUE TO COVID On December 11, 2020, the Orange County Superior Court ordered Orange County Sheriff Don Barnes to release approximately 1,800 inmates from Orange County jails due to concerns over the spread of COVID-19. City Council is asked to authorize participation in an Amicus Brief in support of Orange County Sheriff Don Barnes’ challenge to this Fullerton City Council | Successor Agency Agenda December 21, 2020 - Page 3  order. Recommendation: Authorize participation in the City Attorney reviewed Amicus Brief as developed by City of Newport Beach and authorize City Manager to execute applicable documents. 2. AUTHORIZATION TO OBTAIN REPLACEMENT INSURANCE COVERAGE On June 10, 2020, City Council received staff recommendations and a report for City of Fullerton property and casualty insurance programs for Fiscal Year 2020-21. Since that time, the City needs to replace its excess general liability insurance policy issued by Allied World / Public Risk and seeks authorization for the City Manager, or designee, to bind replacement insurance coverage through Allied World National Assurance Company and Munich Re Syndicate 457 at Lloyd’s. Recommendation: Authorize City Manager, or designee, to bind excess general liability insurance policies offered by Allied World National Assurance Company and Munich Re Syndicate 457 at Lloyd’s. 3. NOTICE TO CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) RESERVING THE RIGHT TO EXCLUDE CERTAIN FUTURE GROUPS FROM MEMBERSHIP OF THE SYSTEM The City of Fullerton contracts with the California Public Employees Retirement System (CalPERS) for our safety and miscellaneous employees’ pension program. Assembly Bill 2967 takes effect on January 1, 2021 and deletes provisions of Public Employees’ Retirement Law that authorizes a public agency contracting with CalPERS to make some or all future employees members of the system, effectively preventing a contracting agency from choosing an alternative retirement option based on its local ability. City Council heard this item on December 15, 2020, but due to a need to better explain the issue, Mayor Whitaker has requested City Council again consider sending notification to CalPERS in order to reserve the right to exclude certain groups from membership in the future. Recommendation: Authorize Mayor to sign a letter to CalPERS reserving the right to exclude certain future groups of employees not already in the CalPERS system from membership of the system. 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 MUNICIPAL CODE AMENDMENT RELATING TO SPECIAL EVENTS • INFORMATION TECHNOLOGY ONES UPGRADE AND CONSULTING • CITY COUNCIL RULES OF PROCEDURE REVIEW • REGIONAL ADVISORY BODY APPOINTMENTS Fullerton City Council | Successor Agency Agenda December 21, 2020 - Page 4 ADJOURNMENT Adjourn to next regularly scheduled closed session meeting at 4:00 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 21, 2020 - Page 5