City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - APRIL 20, 2021 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 APRIL 20, 2021 - 4:00 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA The public and Council Members may participate remotely. Limited seating will be available for the public. The public may make public comment in person or via Zoom. 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. RANDOM LOTTERY DRAWING FOR FIREWORKS STAND PERMITS RECESS to Closed Session CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(a) Name of Case: Michael Destiche v. City of Fullerton Case Number: OCSC Case No.: 30-2019-010144575 2. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Kenneth Domer, Ellis Chang, Adam Loeser, Laura Giannetti-Mercer, Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Municipal Employees Federation, Fullerton Management Association and Fullerton Firefighters Association 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: City of Fullerton v. Friends for Fullerton’s Future, Joshua Ferguson, David Curlee Case Number: OCSC: 30-2019-01107063 Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 2  Name of Case: Joshua Ferguson v. City of Fullerton Case Number: OCSC: 30-2019-01103679-CU-WM-CJC 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1) Title: City Manager 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 April 20, 2021 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA APRIL 20, 2021- 6:30 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA The public and Council Members may participate remotely. Limited seating will be available for the public. The public may make public comment in person or via Zoom. 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 1. PROCLAMATION: Drinking Water Week 2021 2. PRESENTATION: Korean War Memorial 3. PROCLAMATION: National Therapy Animal Day 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 - 13) Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 4 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. APRIL 6, 2021 AND APRIL 13, 2021 MEETING MINUTES Recommendation: Approve April 6, 2021 and April 13, 2021 City Council / Successor Agency Meeting Minutes. 2. MARCH 2021 CHECK REGISTER Recommendation: Receive and file. 3. TREASURER’S REPORT FOR QUARTER ENDED MARCH 31, 2021 Recommendation: Receive and file. 4. REAFFIRMATION OF DECLARATION OF LOCAL EMERGENCY DUE TO COVID-19 PANDEMIC Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REAFFIRMING RESOLUTION NO. 2020-33 WHICH RATIFIED THE CITY MANAGER’S DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY 5. UPDATED SECOND QUARTER FINANCIAL REPORT FY 2020-21 Recommendation: Receive and file. 6. CLASSIFICATION PLAN UPDATE RELATING TO SANITATION SPECIALIST POSITION Recommendation: 1. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING AND DELETING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING APPENDIX A OF RESOLUTION NO. 2020-17 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) 2. Authorize amendment to Public Works personnel summary to replace Sanitation Specialist with Sewer Lead Worker. 7. CONDEMNATION OF HATE CRIMES AGAINST ASIAN AMERICANS Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 5  Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO STAND IN SOLIDARITY WITH FULLERTON’S ASIAN AMERICAN AND PACIFIC ISLANDER COMMUNITIES TO DENOUNCE DISCRIMINATION AND CONDEMN HATE, VIOLENCE, RACISM, XENOPHOBIA AND INTOLERANCE 8. INSURANCE PROGRAM REPORT AND RECOMMENDATIONS Recommendation: 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 $608,509. 9. NOISE ORDINANCE WAIVER - CALTRANS STREET IMPROVEMENT PROJECT Recommendation: Temporarily waive requirements of Fullerton Municipal Code Section 15.90.030 Noise Standards for Caltrans street pavement rehabilitation project on Imperial Highway between Harbor Boulevard and Puente Street. 10. AMENDMENT NO. 1 TO AGREEMENT WITH HF&H CONSULTANTS FOR PROFESSIONAL SERVICES RELATED TO SB 1383 ANALYSIS AND CORRESPONDING NEGOTIATIONS WITH CITY’S TRASH HAULER REPUBLIC SERVICES Recommendation: 1. Authorize City Manager to sign Amendment No. 1 to Agreement for Professional Services with HF&H Consultants, LLC related to SB 1383 analysis and corresponding negotiations with City’s trash hauler, Republic Services. 2. Authorize $75,000 appropriation from unappropriated Refuse Fund balance (Fund 46). 11. WEST ASH AREA WATER MAIN REPLACEMENT Recommendation: 1. Approve plans and specifications for West Ash Area Water Main Replacement Project. 2. Approve the following Project 53020 West Ash Area Water Main Replacement Project appropriations: · Transfer $130,000 from Project 53002 Miscellaneous Distribution System Improvements to Project 53020 West Ash Area Water Main Replacement Project within the Water Fund (Fund 44) · Transfer $1,220,000 from Project 53250 Water Main System Replacement to Project 53020 West Ash Area Water Main Replacement Project within the Water Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 6  Fund (Fund 44). 3. Award $1,219,200 construction contract for West Ash Area Water Main Replacement Project to Big Ben, 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 approved project budget. 12. WELL 7 DESTRUCTION AND WELL 7A CONSTRUCTION PROJECT - PROFESSIONAL SERVICES AGREEMENT Recommendation: 1. Authorize Public Works Director to execute professional services agreement with Hazen and Sawyer in a form approved by the City Attorney. 2. Authorize Public Works Director, or designee, to amend current purchase order with Hazen and Sawyer increasing by $16,057.50 for revised total purchase order of $254,892.50 for design and construction support services. 3. Authorize Public Works Director to approve any future change orders for professional engineering design and construction support services (to include but not be limited to scope and compensation changes) within approved project budget. 13. VICTORIA DRIVE INFRASTRUCTURE IMPROVEMENTS - PHASE II Recommendation: 1. Approve plans and specifications for Victoria Drive Infrastructure Improvements Project - Phase II. 2. Approve the following appropriations to Project 44049 Victoria Drive Infrastructure Improvements Project - Phase II: · $526,000 transfer from Measure M2 Fund (Fund 25) Project 44589 Residential Street Program to CIP Fund (Fund 74) - Project 44049 Victoria Drive Infrastructure Improvements Project - Phase II · $503,000 transfer from Project 53250 Water Main System Replacement Program to Water Fund (Fund 44) Project 44049 Victoria Drive Infrastructure Improvements Project - Phase II · $211,000 transfer from Project 51419 Annual Sewer Replacement Program to Sewer Enterprise Fund (Fund 47) Project 44049 Victoria Drive Infrastructure Improvements Project - Phase II. 3. Award $952,730 construction contract for Victoria Drive Infrastructure Improvements Project - Phase II to Bonadiman Water 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 approved project budget. PUBLIC HEARINGS (Item 14) Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 7 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. 14. SHORT-TERM RENTAL REGULATIONS AMENDMENTS Proposed Fullerton Municipal Code amendments to regulate short-term rental uses in residential zones and applicable Specific Plans citywide. Recommendation: 1. Make finding that project is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15061(B)(3). 2. 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, APPROVING AMENDMENTS TO THE FULLERTON MUNICIPAL CODE TITLE 15 TO REGULATE SHORT-TERM RENTAL USES CITYWIDE REGULAR BUSINESS (Items 15 - 16) 15. PARKING REGULATIONS - VALENCIA DRIVE (Continued from 3/2/2021) Consideration of Transportation and Circulation Commission recommendation to implement various parking regulations on Valencia Drive between Raymond Avenue and State College Boulevard. Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING VARIOUS PARKING REGULATIONS ON VALENCIA DRIVE BETWEEN RAYMOND AVENUE AND STATE COLLEGE BOULEVARD 16. EXCLUSIVE NEGOTIATING AGREEMENT WITH RENEWABLE FARMS AT UNION PACIFIC PARK Consideration of new Exclusive Negotiating Agreement with Renewable Farms for development of Union Pacific Park site with non-profit aquaponic farm (Renewable Farms) and event center with publicly accessible recreational space. Recommendation: Authorize City Manager to enter into Exclusive Negotiating Agreement with Renewable Farms for six-month term expiring October 20, 2021. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, May 4, 2021 Fullerton City Council | Successor Agency Agenda April 20, 2021 - Page 8 • PRESENTATION: New City Website • PROCLAMATION: Public Works Week • MUTUAL AID AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF FULLERTON • CLASSIFICATION PLAN UPDATE - BUDGET ANALYST AND BUDGET AND PROCUREMENT • BROOKHURST ROAD STREET IMPROVEMENTS PROJECT • JUANITA COOK TRAIL IMPROVEMENTS • STATE COLLEGE AND RAYMOND GRADE SEPARATION PROJECTS CLOSEOUT • FISCAL YEAR 2021-22 ONE-YEAR STRATEGY / ACTION PLAN • WATER BILL DISPUTE 1138 WEST HOUSTON AVENUE • SURPLUS PROPERTY DECLARATION FOR PARCEL NO. 029 032 21 • MUNICIPAL GOLF COURSE AND AMERICAN GOLF COURSE MANAGEMENT LEASE STATUS • FMC AMENDMENT RELATING TO PARKING, STOPPING AND STANDING OF RECREATIONAL VEHICLES • ANIMAL CARE SERVICES (Continued from 3/2/2021) • UPDATE ON FULLERTON MUSEUM RE-OPENING PLAN • SPEED HUMP POLICY • FMC AMENDMENTS RELATING TO RATES, RULES AND REGULATIONS Tuesday, May 18, 2021 • APRIL 2021 CHECK REGISTER • FMC AMENDMENT RELATING TO SPECIAL EVENTS 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 April 20, 2021 - Page 9