City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - APRIL 5, 2022 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. Fred Jung Bruce Whitaker Nick Dunlap Mayor (District 1) Mayor Pro Tem (District 4) Council Member (District 2) Jesus Silva Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA APRIL 5, 2022 - 4:00 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 LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Police Officers’ Association - Public Safety Unit and Dispatcher Unit, Fullerton Police Management Association Unrepresented Employees: Executive and Confidential / Nonrepresented Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Stephanie Stevenson v. City of Fullerton Case Number: OCSC Case No. 30-2018-01039485 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Kelly McIlravy v. City of Fullerton Case Number: OCSC Case No. 30-2018-01020650 5. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: Fire Chief ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA APRIL 5, 2022- 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: Donate Life Month 2. PROCLAMATION: Arbor Day 2022 3. PROCLAMATION: Arab American Heritage Month 4. PROCLAMATION: Sexual Assault Awareness Month 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 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Recommendation: 1. Council Member Zahra make the following direct appointment: Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 3  a. Active Transportation Committee - unexpired term ending December 31, 2022. 2. Ratify appointments. CONSENT CALENDAR (Items 1 - 10) 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 request discussion or removal of specific Consent Calendar items for separate action. 1. MARCH 15, 2022 AND MARCH 29, 2022 MEETING MINUTES Recommendation: Approve March 15, 2022 City Council / Successor Agency Meeting Minutes and March 29, 2022 Special Meeting Minutes. 2. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation: Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY 3. ANNUAL HOUSING ELEMENT PROGRESS REPORT Recommendation: Receive and file 2021 annual progress report regarding the 2014-2021 General Plan Housing Element. 4. WATER RATE PROGRESS REPORT 2021 Recommendation: Receive and file. 5. 2021-22 OFFICE ON AGING ADDITIONAL EXCESS FUNDING FOR OLDER ADULT PROGRAMS Recommendation: 1. Accept and appropriate one-time-only $5,707 grant award from the County of Orange Community Services Office on Aging to the Grants Fund (Fund 32) to provide older adult services grant-funding. 2. Accept and appropriate $29,678 ARPA Title III-B grant award from the County of Orange Community Services Office on Aging to Grant Fund (Fund 32) to provide older adult services grant funding. 3. Authorize City Manager, or designee, to sign all grant documents, accept and appropriate future additional funding and baseline adjustments that result from excess funding made available from the granting agency for Fiscal Year 2021-22. Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 4 6. AMENDMENT NUMBER TWO TO PROFESSIONAL SERVICES AGREEMENT WITH GLASS BOX TECHNOLOGY, INC. - ONES UPGRADE Recommendation: Ratify Amendment Number Two to Professional Services Agreement with Glass Box Technology, Inc. for continued project management and related consulting support for the ONES upgrade project. 7. REPLACEMENT SEWER VACUUM TRUCK PURCHASE Recommendation: Award $604,023.87 contract to Haaker Equipment Company for a new Sewer Vacuum Truck (CNG Vactor 2112i plus Sewer Cleaner) to replace the City’s current diesel Hydro-Jet Truck. 8. ORANGETHORPE AVENUE / ESPERANZA ROAD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM Recommendation: 1. Approve plans and specifications for the Orangethorpe Avenue / Esperanza Road Regional Traffic Signal Synchronization Program Project. 2. Award $2,022,833 construction contract for the Orangethorpe Avenue / Esperanza Road Regional Traffic Signal Synchronization Program Project to KDC Inc, dba Dynalectric L.A. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney. 3. 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. 9. AIRPORT SIGNAGE AND LANDSCAPE IMPROVEMENTS Recommendation: 1. Approve plans and specifications for the Airport Signage and Landscape Improvements project. 2. Approve $225,000 appropriation from the Airport Enterprise Fund (Fund 40) balance to Project 49012 Airport Signage and Landscape Improvements. 3. Reject Elegant Construction Inc. and R. Jensen Co. Inc. bids as non-responsive and award $305,473 construction contract for the Airport Signage and Landscape Improvements project to Bunker Construction Inc., dba Bunker Engineering and authorize City Manager, or designee, to execute 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. 10. HIDDEN LAKES AREA WATER MAIN REPLACEMENT Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 5  Recommendation: 1. Approve plans and specifications for the Hidden Lakes Area Water Main Replacement Project. 2. Appropriate $2,400,000 Water Funds from Project 53250 Water Main System Replacement to Project 53022 Hidden Lakes Area Water Main Replacement Project (Fund 44). 3. Award $1,825,200 construction contract for the Hidden Lakes Area Water Main Replacement Project to Big Ben, Inc. and authorize City Manager, or designee, to execute 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 HEARING - 6:00 P.M. (Item 11) 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. 11. REDISTRICT FULLERTON - SECOND READING OF ORDINANCE AND DISBAND REDISTRICTING ADVISORY COMMISSION City Council introduced the first reading of an ordinance to adopt a voting district map at its March 29, 2022 special meeting. City Council may adopt the ordinance with the second reading. This item would also formally disband the Redistricting Advisory Commission. Recommendation: 1. Adopt Ordinance No. 3312. ORDINANCE NO. 3312 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A VOTING DISTRICT MAP 2. Adopt February 23, 2022 Redistricting Advisory Commission minutes. 3. Ratify appointments. REGULAR BUSINESS (Items 12 - 15) 12. FY 2022-23 ROAD MAINTENANCE AND REHABILITATION (SB1) ACCOUNT FUNDS ALLOCATION Establish Associated Road (Rolling Hills Drive to Imperial Highway) and Orangethorpe Avenue (State College Boulevard to Placentia Avenue) as the roadway segments planned for rehabilitation and funded by the Road Maintenance and Rehabilitation Account (RMRA), also known as Senate Bill 1 (SB 1). Recommendation: Adopt Resolution No. 2022-XXX. Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 6  RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 13. MAPLE AND GILBERT NEIGHBORHOOD CENTERS LEASE AGREEMENT The Parks and Recreation Department solicited Request for Bids (RFB) from qualified partners interested in leasing and providing programming and services at park neighborhood centers and recreation facilities. The Parks and Recreation Commission reviewed the RFBs and recommends awarding lease agreements for the Maple Neighborhood Center to the Friendly Center and Gilbert Neighborhood Center to OC United. Recommendation: 1. Approve the lease agreement, in substantially the form as attached and in such final form as approved by the City Attorney, with the Friendly Center, Inc. for the Maple Neighborhood Center to provide neighborhood services to the surrounding communities as recommended by the Parks and Recreation Commission. 2. Authorize City Manager, or designee, to execute and administer the Maple Neighborhood Center lease agreement and all documents related to the lease agreement including options to extend, in a form approved by the City Attorney. 3. Approve the lease agreement, in substantially the form as attached and in such final form as approved by the City Attorney, with OC United Together for the Gilbert Neighborhood Center to provide neighborhood services to the surrounding communities as recommended by the Parks and Recreation Commission. 4. Authorize City Manager, or designee, to execute and administer the Gilbert Neighborhood Center lease agreement and all documents related to the lease agreement including options to extend, in a form approved by the City Attorney. 14. FULLERTON AND BREA FIRE COMMAND STAFF SHARED AGREEMENT PROPOSED TERMINATION The City of Brea submitted a letter to the City of Fullerton on March 24, 2022 to terminate the Cooperative Agreement Between the Cities of Brea and Fullerton of the Consolidation of the Fire Department Command Staff effective June 30, 2022. Staff seeks City Council concurrence with the date initiated by the City of Brea. Recommendation: 1. Authorize City Manager, or designee, to terminate the Agreement effective June 30, 2022, pursuant City of Brea action. 2. Provide direction to proceed with re-establishing the Fullerton Fire Department Command Staff in preparation of the proposed Fiscal Year 2022-23 budget. 15. RESTORATION OF PUBLIC RIGHT OF WAY AT HARBOR AND COMMONWEALTH AND TERMINATION OF ENCROACHMENT AT 100 NORTH HARBOR BOULEVARD If City Council desires to restore the public right of way sidewalk at Harbor and Fullerton City Council | Successor Agency Agenda April 5, 2022 - Page 7  Commonwealth, staff recommends City Council direct staff to give notice of site lease and encroachment agreement termination and the City’s determination that the restoration of the right of way for public use is necessary and appropriate, requiring removal of existing encroachments. Recommendation: If City Council desires to restore the public right of way, then: 1. Find that the Site Lease and Encroachment Agreement is terminable based on default by abandonment and failure to pay required rent. 2. Find that restoration of the full width of the public sidewalk adjacent to 100 North Harbor Boulevard is necessary and appropriate. 3. Direct staff to notify the property owner of 100 North Harbor Boulevard to remove any and all encroachments into the public right of way within sixty days of such notice and to restore the right of way to its previous condition. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, April 19, 2022 • FIREWORKS LOTTERY • OUTGOING COMMISSIONER RECOGNITION • MARION AREA INFRASTRUCTURE IMPROVEMENTS • COMMITTEE REPORT • DISH WIRELESS AGREEMENT • CHARTER COMMUNICATIONS AGREEMENT RENEWAL • VALENCIA DRIVE INFRASTRUCTURE IMPROVEMENTS • SB 9 ORDINANCE • APPEAL OF PC DECISION OF CUP FOR 100 N. HARBOR (TENTATIVE) • MILITARY EQUIPMENT USE POLICY Tuesday, April 26, 2022 • BUDGET STUDY SESSION 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 April 5, 2022 - Page 8