City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - AUGUST 2, 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 AUGUST 2, 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lourdes Toman, et al. V. Jerry Glomboske, et al. Case Number: USDC Case No.: 8:20-CV-00046-DOC 2. 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 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: 2701 Nutwood Avenue, Fullerton, CA 92831 (APN # 029-180-34) Agency Negotiator: City Manager Eric J. Levitt Negotiating Parties: The State of California through the Trustees of the California State University, Marriott Under Negotiations: Price and Terms 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Fullerton City Council | Successor Agency Agenda August 2, 2022 - Page 2  Property: 120 East Santa Fe Ave, Fullerton, CA 92832 (APN# 033-030-18) Agency Negotiator: City Manager Eric J. Levitt Negotiating Parties: Parkwest General Contractors, and Westpark Investments, LLC Under Negotiations: Price and Terms 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Right of Way Adjacent to 1747 Commonwealth Avenue, Fullerton, CA (APN# 030-252-01) Agency Negotiator: City Manager Eric J. Levitt Negotiating Parties: Grace Ministries International Under Negotiations: Price and Terms 7. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to 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 August 2, 2022 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA AUGUST 2, 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. PRESENTATION: SCE Public Affairs Manager 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 - 10) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action. 1. JULY 19, 2022 MEETING MINUTES Recommendation: Approve July 19, 2022 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda August 2, 2022 - Page 4 2. TREASURER’S REPORT FOR QUARTER ENDING JUNE 30, 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. BOARDS, COMMISSIONS AND COMMITTEES RULES OF PROCEDURE AND DECORUM ANNUAL REVIEW Recommendation: Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR BOARD, COMMISSION AND COMMITTEE MEETINGS AND REPEALING RESOLUTION NO. 2021-03 5. FISCAL YEAR 2022-23 PUBLIC WORKS PERSONNEL SUMMARY AMENDMENT Recommendation: Authorize deletion of one Civil Engineer position and addition of one Senior Civil Engineer position in the FY 22-23 Public Works Personnel Summary. 6. ON-CALL PROFESSIONAL ARCHITECTURAL CONSULTANT SERVICES Recommendation: 1. Authorize City Manager, or designee, to execute Professional Service Agreements, including extensions, with the following architectural firms, in a form approved by the City Attorney: • BOA Architecture DBA as Black O'Dowd and Associates, Inc. • Crane Architectural Group • Gillis + Panichapan Architects, Inc. • Oldham Architects Inc. • Development One, Inc. • IS Architecture DBA as Stiegler Architects PC. 2. Authorize City Manager, or designee, to issue purchase orders to these firms for Fullerton City Council | Successor Agency Agenda August 2, 2022 - Page 5  individual projects on an as-needed basis within project or operating budget. 7. CELL TOWER LEASE AGREEMENTS WITH DISH WIRELESS FOR 2011 NORTH ACACIA AVENUE AND 3151 NORTH EUCLID STREET Recommendation: 1. Approve lease agreements with Dish Wireless LLC for their operation and maintenance of cellular tower sites located at 2011 North Acacia Avenue and 3151 North Euclid Street, A. 2. Authorize City Manager to execute lease agreement on behalf of the City of Fullerton, in a form approved by the City Attorney. 8. CONSTRUCTION DEBRIS RECYCLING Recommendation: 1. Approve $47,000 appropriation from Water Fund balance to Project 53018 Construction Debris Recycling (Fund 44). 2. Award $132,650 construction contract for Project 53018 Construction Debris Recycling (Fund 44) to HMH, Inc. 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 order for construction and professional engineering construction support services within the approved project budget. 9. CURB / GUTTER AND SIDEWALK RECONSTRUCTION FISCAL YEAR 2021-22 Recommendation: 1. Approve plans and specifications for Project 44793 Curb / Gutter and Sidewalk Reconstruction Fiscal Year 2021-22 (Fund 74). 2. Award $389,330 construction contract for Project 44793 Curb / Gutter and Sidewalk Reconstruction Fiscal Year 2021-22 (Fund 74) to FS Contractors, Inc. 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. 10. USAC GRANT AWARD AND PROJECT APPROPRIATION FOR HUNT LIBRARY SERVICES IT INFRASTRUCTURE NEEDS Recommendation: 1. Authorize application of and accept a subsequent grant award from Universal Services Administrative Company (USAC) and authorize City Manager, or designee, to execute and administer the grant application and related grant documents, in a form approved by the City Attorney. 2. If awarded, authorize appropriation of receipt and use of USAC grant award and Fullerton Library Foundation contributions for the Library Services Information Fullerton City Council | Successor Agency Agenda August 2, 2022 - Page 6  Technology Infrastructure project at the Hunt Library. 3. Ratify and authorize City Manager, or designee, to execute agreements with EdTechnology Funds, Inc. for grant application support and with NetXperts, Inc. to implement information technology infrastructure needs at the Hunt Library. PUBLIC HEARINGS - None REGULAR BUSINESS (Items 11 - 13) 11. CITY MANAGER TEMPORARY CONTRACT AWARD AUTHORITY Staff requests City Council grant the City Manager temporary authority between August 17, 2022 and September 19, 2022 to award public works contracts to the lowest responsible and responsive bidder not to exceed $5,000,000 and award certain specified projects and any projects not identified in this report up to a maximum $500,000. Recommendation: 1. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, GRANTING TEMPORARY AUTHORITY TO THE CITY MANAGER TO AWARD CONSTRUCTION CONTRACTS TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER 2. Direct City Manager, or designee, to provide a report of all agreements or contracts awarded for City Council ratification at the September 20, 2022 City Council meeting. 12. OPIOID LITIGATION UPDATE Staff requests City Council provide direction regarding whether to have a certain portion of the settlement funds from the national settlement with the opioid distributors McKesson, AmerisourceBergen and Cardinal (“Distributors”) and Janssen (an opioid manufacturer) come directly to the City for opioid abatement uses or to have the money default to the County of Orange for opioid abatement uses for this first of 18 yearly payments. The City may change its decision at least 60 days prior to the next payment distribution. Recommendation: City Council must make this selection by August 5, 2022. Staff recommends directing the first-year default to the County to evaluate how recipients expend the funds. City Council can then decide if it wants to elect to have the City receive the funds in the next distribution cycle. 13. CONTRACT AMENDMENT AND UPDATE TO HOUSING ELEMENT City Council consideration of an amendment to professional services agreement with Dudek to extend the agreement term through July 31, 2024 and to increase the scope of services for development of the City’s Housing Element, including the Incentive Overlay Zone (HIOZ), as well as California Environmental Quality Act (CEQA) services. Recommendation: Approve Amendment Number One to Agreement with Dudek and authorize City Manager, Fullerton City Council | Successor Agency Agenda August 2, 2022 - Page 7  or designee, to execute amendment and administer agreement, in a form approved by City Attorney. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, August 16, 2022 • FINDINGS FOR TELECONFERENCED MEETINGS • COMMITTEE REPORT • OFFICE ON AGING III B FY2022 23 GRANT AWARD • MARK III AREA WATER MAIN REPLACEMENT • DEPARTMENT ISSUED EQUIPMENT PROCUREMENT • JULY 2022 CHECK REGISTER • HUNT LIBRARY PHASE IV SITE FENCING • STREET PROJECTS FUNDING UPDATE • FUTURE OF WALK ON WILSHIRE DISCUSSION • JOINT USE AGREEMENT WITH FULLERTON SCHOOL DISTRICT FOR FIELD USE Tuesday, September 6, 2022 • MEETING CANCELLED 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 August 2, 2022 - Page 8