City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JULY 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 JULY 5, 2022 - 4:30 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 Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case 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 July 5, 2022 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JULY 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 - None PRESENTATION: Fullerton High School Baseball 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 Dunlap make the following direct appointment: a. Active Transportation Committee - unexpired term ending December 31, 2024. 2. City Council ratify appointment. CONSENT CALENDAR (Items 1 - 10) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Fullerton City Council | Successor Agency Agenda July 5, 2022 - Page 3 Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action. 1. JUNE 21, 2022 MEETING MINUTES Recommendation: Approve June 21, 2022 City Council / Successor Agency Meeting Minutes. 2. SMALL WIRELESS COMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHT-OF-WAY - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3315. ORDINANCE NO. 3315 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING CHAPTER 15.53 AND MAKING RELATED CHANGES TO CHAPTERS 15.55 AND 15.66 OF THE MUNICIPAL CODE TO REVISE THE STANDARDS FOR WIRELESS COMMUNICATIONS FACILITIES AND RELATED INFRASTRUCTURE WITHIN THE PUBLIC RIGHT-OF-WAY 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. THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2021-22 Recommendation: 1. Receive and file Third Quarter Financial Report for Fiscal Year 2021-22. 2. Authorize City Manager, or designee, to effectuate any budget amendments and transfers necessary to ensure budgetary and accounting compliance in preparation of the FY 2021-22 audited financial statements. 5. DONATIONS AND GIFTS FOR FISCAL YEAR 2022-23 Recommendation: 1. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FUNDS AND GIFTS DONATED TO THE CITY IN FISCAL YEAR 2022-23 FOR THEIR INTENDED PURPOSES 2. Authorize City Manager, or designee, to accept cash donations and gifts received in Fiscal Year 2022-23 for various City programs, community events and/or purchase of certain goods in keeping with community values. Fullerton City Council | Successor Agency Agenda July 5, 2022 - Page 4 6. AUTHORIZATION FOR CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM THE CALIFORNIA HIGHWAY PATROL Recommendation: 1. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM CALIFORNIA HIGHWAY PATROL 2. Appropriate $500,000 CHP Cannabis Tax Fund Grant Program allocation to Police Department budget within the Grant Fund (Fund 32). 7. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB Recommendation: 1. Approve professional services agreement with California Yellow Cab to provide taxi services through the Senior Mobility Program. 2. Authorize City Manager, or designee, to execute and administer agreement with California Yellow Cab and all documents related to the agreement, including options to extend, in a form approved by the City Attorney. 8. MASTER EQUITY LEASE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC. FOR TEN LEASED VEHICLES Recommendation: 1. Approve and authorize City Manager, or designee, to execute and administer a Master Equity Lease Agreement with Enterprise Fleet Management, Inc. for ten Police light-duty vehicle lease and related insurance agreements, in a form approved by City Attorney. 2. Authorize City Manager, or designee, to execute Enterprise Schedules to the Master Lease Agreement for individual motor vehicles, together with any other necessary documents in connection with those Enterprise Schedules and to effectuate and manage ongoing Enterprise Fleet Management program options for ten Police light-duty vehicles. 3. Authorize City Manager, or designee, to execute and administer automatic lease renewals for ten Police light-duty vehicles, including related insurance agreements. 9. SOLAR STREETLIGHT RETROFIT PILOT PROJECT SUPPLEMENTAL FUNDING AND AWARD Recommendation: 1. Approve Solar Streetlight Pilot Program. 2. Waive formal bidding requirements and authorize City Manager, or designee, to issue a $69,221.44 purchase order for 23 solar streetlights from Gridshift Solutions to replace electric streetlights. 3. Approve $69,221.44 budget transfer and appropriation from the Gas Tax Fund (Fund 30) to the Building and Facility Maintenance Fund (Fund 69). Fullerton City Council | Successor Agency Agenda July 5, 2022 - Page 5 10. GLENWOOD-FORD AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES AWARD Recommendation: 1. Approve the following budget transfers to and appropriation in Project 53029 Glenwood-Ford Area Water Main Replacement Project: · Transfer $45,000 Water Funds from Project 53250 Water Main System Replacement to Project 53029 Glenwood-Ford Area Water Main Replacement (Fund 44). · Transfer $115,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 53029 Glenwood-Ford Area Water Main Replacement (Fund 74). 2. Authorize Public Works Director to execute $142,970 purchase order with JIG Consultants for Professional Engineering Design Services for Glenwood -Ford Area Water Main Replacement Project. 3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services and perform the required budget transfers within the approved spending limits. PUBLIC HEARING (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. APPEAL OF APPROVAL OF MAJOR SITE PLAN AT 1201-1223 SOUTH STATE COLLEGE BOULEVARD (GOODMAN LOGISTICS CENTER FULLERTON) Request to review and act on appeal of Planning Commission approval for a Major Site Plan to construct a trailer yard on property zoned Manufacturing General, Emergency Shelter Overlay (M-G ES). Recommendation: 1. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO CONSTRUCT A TRAILER YARD ON PROPERTY ZONED M - G ES, MANUFACTURING GENERAL, EMERGENCY SHELTER OVERLAY OR 2. Alternative Action: Should City Council approve the appeal, direct staff to draft an alternative resolution to deny the Planning Commission’s approval of the Major Site Plan request. REGULAR BUSINESS (Items 12 - 16) 12. INCLUSIONARY HOUSING INFORMATION Fullerton City Council | Successor Agency Agenda July 5, 2022 - Page 6  During the May 17, 2022 City Council meeting, Council Members Zahra and Silva asked staff to bring back information regarding Inclusionary Housing for discussion. Recommendation: Direct staff as necessary. 13. ORANGE COUNTY POWER AUTHORITY DISCUSSION Concerns raised by members of the public, media and others regarding the Orange County Power Authority (OCPA) have prompted member agencies to discuss and take appropriate action relating to participation in OCPA. Recommendation: Support retention of an independent auditor by Irvine and direct City Manager to maintain communication with Irvine during the audit. Additional options, should City Council desire: • Consider making a public statement concerning management of the Orange County Power Authority. • Take other action as directed by City Council. 14. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION POLICE SAFETY AND DISPATCHER UNITS Proposed Memoranda of Agreement between the City of Fullerton and the Fullerton Police Officers’ Association - Police Safety Unit and Dispatcher Unit reflecting tentative agreements on wages, hours and working conditions 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, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION - POLICE SAFETY UNIT RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION - DISPATCHER UNIT 15. BOARD / COMMISSION / COMMITTEE BUSINESS CARDS (continued from June 21, 2022) Consider providing City business cards for Fullerton board, commission and committee members. Recommendation: 1. Consider whether to provide City business cards to Fullerton Board, Commission and Committee Members. If City Council approves providing business cards to board / commission / committee Fullerton City Council | Successor Agency Agenda July 5, 2022 - Page 7  members, then: 2. Provide direction whether the City will use staff contact information or allow members to use personal email addresses on business cards. 3. Direct staff to develop a business card policy, incorporating direction provided at this meeting, and a personal devices policy for committee members for approval at a future City Council meeting. 16. RECONSIDER SENATE BILL 9 TWO-UNIT AND URBAN LOT SPLIT RESIDENTIAL DEVELOPMENT ORDINANCE The city received an email from Samuel Andreano stating that he did not have the opportunity to make public comment over Zoom during the June 7, 2022 City Council meeting regarding an item titled “Senate Bill 9 Two-Unit and Urban Lot Split Residential Development.” Staff recommends City Council reconsider this item and re-open public comments. Recommendation: 1. Reconsider this item and re-open public comment. 2. Ratify City Council actions taken on June 7, 2022 to adopt Ordinance No. 3313 or direct staff to prepare a revised ordinance based on direction provided at this meeting. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, July 19, 2022 • COMMITTEE ATTENDANCE REPORT • COMMITTEE RULES OF PROCEDURE • WIRELESS AGREEMENT • OFFICE ON AGING III B FY2022 23 GRANT AWARD • PERSONNEL MANAGEMENT SYSTEM CHANGES • GRANT AGREEMENT WITH CALIFORNIA ARTS COUNCIL • THE PINES PUBLIC HEARING • CALCITIES ANNUAL CONFERENCE VOTING DELEGATE • ON CALL LANDSCAPE ARCHITECTS CONTRACT AWARD • 100 NORTH HARBOR • AGREEMENT WITH FULLERTON SCHOOL DISTRICT FOR FIELD USE • DISH LEASE AGREEMENT Tuesday, August 2, 2022 • CURB / GUTTER AND SIDEWALK RECONSTRUCTION FISCAL YEAR 2021 22 • FINDINGS FOR TELECONFERNECE MEETINGS (AB 361) 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 July 5, 2022 - Page 8