City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MAY 3, 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 SPECIAL MEETING AGENDA MAY 3, 2022 - 3:30 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA CALL TO ORDER ROLL CALL PUBLIC COMMENTS - Special Meeting City Council / Successor Agency will hear public comments on matters appearing on the Special Meeting agenda. REGULAR BUSINESS 1. JP23 / POOZHIKALA BROWN ACT VIOLATION CLAIMS Request for City Council action relating to prior City Council proceedings regarding the entertainment permit appeal of JP23 / Jacob Poozhikala. Recommendation: Rescind prior deliberations and action on the entertainment permit appeal on December 21, 2021 in closed session. Conduct deliberations and a decision again on the entertainment appeal, in open session. Reaffirm that no discussion, deliberations, hearing or actions occurred or were taken relating to the appeal on January 18, 2022. ADJOURN SPECIAL MEETING Adjourn to City Council / Successor Agency Closed Session meeting at 4:00 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA MAY 3, 2022 - 4:00 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA CALL TO ORDER ROLL CALL PUBLIC COMMENT - 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 Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 291 South Basque Avenue, Fullerton, CA (APN Nos: 029-032-20 and 029-032-21) Agency Negotiator: Acting City Manager Jeffrey W. Collier Negotiating Parties: Heritage Futures / Arts OC Under Negotiations: Price and Terms 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 100 North Harbor Boulevard, Fullerton, CA Agency Negotiator: Jeffrey W. Collier, Scott Porter Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 3  Negotiating Parties: Michael Torres Under Negotiations: Price and Terms ADJOURN CLOSED SESSSION 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 May 3, 2022 - Page 4  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MAY 3, 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: Drinking Water Week 2. PROCLAMATION: Public Works Week 3. PROCLAMATION: Baby Yoda Appreciation 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 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 - None CONSENT CALENDAR (Items 1 - 7) 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 19, 2022 AND APRIL 26, 2022 MEETING MINUTES Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 5  Recommendation: Approve April 19, 2022 City Council / Successor Agency Meeting Minutes and April 26, 2022 Special City Council / Successor Agency Meeting Minutes. 2. TREASURER’S REPORT FOR QUARTER ENDED MARCH 31, 2022 Recommendation: Receive and file. 3. 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 4. SPECTRUM PACIFIC WEST CABLE LEASE AGREEMENT AMENDMENT FOR 2011 NORTH ACACIA AVENUE HUBERT C. FERRY RESERVOIR Recommendation: 1. Approve First Amendment to the lease agreement with Spectrum Pacific West LLC with an effective date of January 1, 2022, in a form approved by the City Attorney. 2. Authorize City Manager, or designee, to execute and administer lease agreement on behalf of the City of Fullerton, in a form approved by the City Attorney. 5. JUANITA COOKE TRAIL IMPROVEMENTS (BASTANCHURY ROAD TO LAGUNA ROAD) Recommendation: Reject all construction bids and direct staff to revise project scope. 6. CHRISTLIEB WELL 15A REHABILITATION Recommendation: 1. Approve specifications for Christlieb Well 15A Rehabilitation project. 2. Approve the following budget adjustments: · Transfer $200,000 Water Funds from Project 53010 Water Well Rehabilitation to Project 53034 Christlieb Well 15A Rehabilitation (Fund 44) · Appropriate $490,000 Water Funds from Water Fund balance to Project 53034 Christlieb Well 15A Rehabilitation (Fund 44). 3. Award $357,550 construction contract for the Christlieb Well 15A Rehabilitation project to Best Drilling and Pump, Inc. and authorize City Manager, or designee, to execute contract, in a form approved by the City Attorney. Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 6  4. Award $82,130 inspection contract for Christlieb Well 15A Rehabilitation project to JIG Consultants and authorize Public Works Director, or designee, to execute contract, in a form approved by the City Attorney. 5. 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. 7. MARION AREA INFRASTRUCTURE IMPROVEMENTS Recommendation: 1. Approve plans and specifications for Marion Area Infrastructure Improvements project. 2. Approve the following budget appropriations: · Appropriate $2,352,000 Water Funds from Water Fund balance to Project 53021 Marion Area Infrastructure Improvements (Fund 44) · Transfer $367,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Project to Project 53021 Marion Area Infrastructure Improvements (Fund 47) · Transfer $852,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 53021 Marion Area Infrastructure Improvements (Fund 74) · Transfer $16,000 Drainage Capital Outlay Funds from Project 52591 Annual Storm Drain Repair to Project 53021 Marion Area Infrastructure Improvements (Fund 74). 3. Award $3,222,346 construction contract for the Marion Area Infrastructure Improvements Project to Lucas Builders, 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 HEARINGS (Item 8) 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. 8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2022-23 ANNUAL ACTION PLAN Jurisdictions receiving U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funding must submit a Consolidated Submission for Community Planning and Development Programs every five years. 1. Approve 2022-23 Annual Action Plan and authorize staff to submit documents to HUD for approval by the HUD due date. Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 7  2. Authorize Director of Community and Economic Development, or designee, to execute 2022-23 CDBG agreements with non-profits and City Departments. REGULAR BUSINESS (Items 9 - 12) 9. PARKS AND RECREATION DEPARTMENT COST RECOVERY BLUEPRINT The Parks and Recreation Department has created an annual budget development blueprint for rebuilding the department to provide an efficient cost recovery program to restore and expand services to the community. The blueprint anticipates an increase in the department’s cost recovery, from the current 40% to 85%, within in the next four years. Recommendation: Provide direction to develop and implement the Blueprint for Cost Recovery upon City Council approval. 10. TREASURY - ENHANCED CASH PORTFOLIO City Council ratification of an enhanced cash portfolio with Public Trust Advisors, to supplement the City’s investment of operating capital in the state Local Agency Investment Fund (LAIF). The Investment Advisory Committee received a presentation of new enhanced cash portfolio on April 21, 2022 and voted to support this recommendation. Recommendation: 1. Ratify investment in enhanced cash portfolio. 2. Ratify authorization of City Treasurer / Director of Administrative Services to manage and administer enhanced cash portfolio. 11. REDISTRICTING ADVISORY COMMISSION RESTRICTIONS Options for in-service and post-commission restrictions on redistricting advisory commission membership. Recommendation: Provide direction for future commission member restrictions. 12. FIRE CHIEF EMPLOYMENT AGREEMENT Proposed employment agreement with Adam Loeser to serve as City of Fullerton Fire Chief for City Council consideration and authorization. Recommendation: Authorize City Manager to execute proposed employment agreement between City of Fullerton and Adam Loeser, in a form approved by the City Attorney. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, May 17, 2022 • PERSONNEL MANAGEMENT SYSTEM CHANGES • LEVEL 2 WATER SHORTAGE DECLARATION • M2 ELIGIBILITY RENEWAL Fullerton City Council | Successor Agency Agenda May 3, 2022 - Page 8 • INSURANCE RENEWAL • PROFESSIONAL SERVICE AGREEMENTS FOR DEVELOPMENT SERVICES • EES AMENDMENT • AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION • COMMITTEE ACTIVITY REPORT • DISH WIRELESS AGREEMENT • PUBLIC WORKS FEE STUDY • SB 9 ORDINANCE • THE PINES AT SUNRISE VILLAGE DEVELOPMENT • SHORT TERM LODGING USES PERMITTED IN SPECIFIC PLAN DISTRICTS • COMMITTEE BUSINESS CARDS Tuesday, June 7, 2022 • SENIOR TRANSPORTATION CONTRACT • CALL NOVEMBER 2022 ELECTION • AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION • TELECOM ORDINANCE UPDATES • FSD JOINT USE AGREEMENT FOR FIELDS • FISCAL YEAR 2022 23 BUDGET ADOPTION 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 May 3, 2022 - Page 9