City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - APRIL 19, 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 19, 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. FIREWORKS LOTTERY DRAWING RECESS to Closed Session CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 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 REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 340 West Commonwealth Avenue, Fullerton, California 92832 Agency Negotiator: Jeffrey W. Collier, Alice Loya Negotiating Parties: Boys and Girls Club Under Negotiations: Price and Terms 4. 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 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 19, 2022 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA APRIL 19, 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. CERTIFICATE: CSUF Men’s Basketball Team 2. PRESENTATION: Outgoing Commission and Committee Member Recognition 3. COMMENDATION: Bill Griggs, Jr. 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. City Council make the following at-large appointment: a. Investment Advisory Committee - unexpired term ending December 31, 2022. Fullerton City Council | Successor Agency Agenda April 19, 2022 - Page 3  2. Ratify appointment. CONSENT CALENDAR ( Items 1 - 9) 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. APRIL 5, 2022 MEETING MINUTES Recommendation: Approve April 5, 2022 City Council / Successor Agency Meeting Minutes. 2. MARCH 2022 CHECK REGISTER Recommendation: Receive and file. 3. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 4. FIRST AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT CITY OF FULLERTON CHIEF OF POLICE Recommendation: Authorize Mayor to execute proposed First Amendment increasing Police Chief Dunn ’s base salary. 5. CALIFORNIA LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM - DIRECT PAYMENT AGREEMENT WITH HORNE LLP Recommendation: Authorize City Manager, or designee, to execute Direct Pay Agreement with Horne LLP and sign all documents related to the California Low Income Household Water Assistance Program (LIHWAP). 6. DONATION AND AVIATION FACILITIES INC. LEASE AMENDMENT NO. 5 TO PURCHASE EXISTING BUILDING Recommendation: 1. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO FBO LEASE WITH AVIATION FACILITIES INCORPORATED 2. Accept and appropriate receipt and use of donated funds to Project No. 49016 - AFI Building Renovation and authorize City Manager, or designee, to execute documents related to acceptance of $2.3 million donation. 3. Authorize budget adjustment to transfer appropriated project funds in Airport Fund Fullerton City Council | Successor Agency Agenda April 19, 2022 - Page 4  (Fund 40) from Project No. 49009 - Airport Terminal / Admin Building Phase II to Project No. 49016 - AFI Building Renovation. 4. After receipt of donated funds, authorize City Manager, or designee, to execute all documents related to the acquisition of the building, in a form approved by City Attorney. 7. POLICE DEPARTMENT PATROL VEHICLES PURCHASE Recommendation: 1. Award $166,386.27 contract to National Auto Fleet Group for three 2022 Ford Police Interceptor Utility Non-Hybrid with a “Slick Top” upfit option. 2. Award $110,172.45 contract to National Auto Fleet for two 2022 Ford Police Interceptor Utility Non-Hybrid with a “Patrol” upfit option. 8. POLICE DEPARTMENT HOT WATER BOILER REPLACEMENT Recommendation: 1. Approve boiler replacement specifications. 2. Award $53,610.00 construction contract to replace two hot water boilers and associated work to Technical Air Corporation 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 within the approved project budget. 9. WEST VALENCIA DRIVE INFRASTRUCTURE IMPROVEMENTS (MAGNOLIA AVENUE TO GILBERT STREET) Recommendation: 1. Approve plans and specifications for the West Valencia Drive Infrastructure Improvements Project. 2. Approve the following budget appropriations in Project 44058 West Valencia Drive Infrastructure Improvements Project: · Transfer $1,140,000 RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44058 West Valencia Drive Infrastructure Improvements Project (Fund 74) · Transfer $190,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Program to Project 44058 West Valencia Drive Infrastructure Improvements Project (Fund 47). 3. Award construction contract for the West Valencia Drive Infrastructure Improvements Project to Palp, Inc DBA Excel Paving Company 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. Fullerton City Council | Successor Agency Agenda April 19, 2022 - Page 5 PUBLIC HEARINGS - None REGULAR BUSINESS (Items 10 - 11) 10. COMPENSATION FOR EXECUTIVE EMPLOYEES AND CONFIDENTIAL / NONREPRESENTED EMPLOYEES Proposed resolutions increasing compensation for Executive and Confidential / Nonrepresented employees for City Council consideration. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2022-003 APPENDIX A, RELATING TO COMPENSATION FOR EXECUTIVE EMPLOYEES RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED EMPLOYEES AND SUPERSEDING RESOLUTION NO. 2021-39 11. FULLERTON POLICE DEPARTMENT POLICY 708 - MILITARY EQUIPMENT USE The Police Department requests City Council approval of the Military Equipment Use Policy per California Government Code Sections 7070 through 7075. Recommendation: Approve Fullerton Police Department Policy 708 - Military Equipment Use. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, April 26, 2022 • BUDGET STUDY SESSION Tuesday, May 3, 2022 • DRINKING WATER WEEK • PUBLIC WORKS WEEK • PERSONNEL MANAGEMENT SYSTEM CHANGES • CHARTER COMMUNICATIONS AGREEMENT RENEWAL • OFFICE ON AGING III B FY2022 23 GRANT AWARD • AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION • MARION AREA INFRASTRUCTURE IMPROVEMENTS • PUBLIC WORKS FEE STUDY • CDBG FUNDING • FSD JOINT USE AGREEMENT FOR FIELDS 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 19, 2022 - Page 6