City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - SEPTEMBER 20, 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 SEPTEMBER 20, 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Michael Destiche v. City of Fullerton Case Number: OCSC 30-2019-01044575 2. 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 September 20, 2022 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA SEPTEMBER 20, 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: 2022 Hunger Action Month 2. PRESENTATION: Little League Certificates 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 - 20) 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. SEPTEMBER 6, 2022 MEETING MINUTES Recommendation: Approve September 6, 2022 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 3 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. AUGUST 2022 CHECK REGISTER Recommendation: Receive and file. 4. 2023 GROUP INSURANCE PLAN RENEWAL Recommendation: Receive and file report. 5. CLASSIFICATION PLAN UPDATE RELATING TO THE FISCAL OPERATIONS SUPERVISOR POSITION Recommendation: Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2022-039 APPENDIX A RELATING TO COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED EMPLOYEES 6. FISCAL YEAR 2021 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT AGREEMENT Recommendation: Approve Fiscal Year 2021 UASI agreement and authorize City Manager, or designee, to execute and accept grant award and increase Fund 32 appropriations in the same amount. 7. CITY OF FULLERTON RESPONSE TO GRAND JURY REPORT - HOW IS ORANGE COUNTY ADDRESSING HOMELESSNESS? Recommendation: Submit letter as the City of Fullerton’s response to the Grand Jury Report. Alternatively, City Council could take one of the following actions: 1. Receive and file this report. 2. Discuss changes to the response letter. 3. Take other action at City Council’s discretion. 8. ACCOUNTS RECEIVABLE WRITE-OFF AUTHORIZATION Recommendation: Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 4  Authorize City Manager or Administrative Services Director to write-off $57,931.96 against the appropriately determined Fund attributed to the receivable. 9. DELL FINANCIAL SERVICES LEASE PROGRAM AMENDMENT Recommendation: Approve master lease agreement with Dell Financial Services and authorize City Manager, or designee, to execute and administer the agreement and related documents, in a form approved by City Attorney. 10. BROKER SERVICES AGREEMENT AMENDMENT ONE Recommendation: Approve and authorize City Manager, or designee, to execute and administer Burnham Benefits Insurance Services Broker Services Agreement Amendment Number One. 11. ADDITIONAL BUDGET APPROPRIATIONS AND CONTRACT CHANGE ORDER FOR THE HUB DEVELOPMENT PROJECT AT 2601, 2701 AND 2751 EAST CHAPMAN AVENUE Recommendation: 1. Approve $228,469.66 Change Order to Purchase Order Number B000051 for additional Plan Check Costs for contract plan review relating to The Hub. 2. Approve and authorize City Manager, or designee, to make the following budget amendments to Program 2312 - Planning in the Fiscal Year 2022-23 budget: · Appropriate $326,385.33 additional General Fund revenue · Appropriate $228,470 additional General Fund expenditures. 12. WATER MASTER PLAN UPDATE AND WATER RATE STUDY CONSULTANT CONTRACT AWARD Recommendation: 1. Approve $250,000 budget appropriation from Water Fund balance in Project 53390 Water Master Plan Update (Fund 44). 2. Authorize City Manager, Public Works Director or designee to execute and administer $829,683 Professional Services Agreement with Stantec to update the City’s Water Master Plan ($665,757) and Water Rate Study ($163,926) and provide ongoing professional on-call services following completion of the Water Master Plan, in a form approved by the City Attorney. 3. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for consultant services, within approved project budget. 13. EARLY MORNING PARKING RESTRICTION REPEAL - 200 BLOCK EAST ROSSLYNN AVENUE Recommendation: Adopt Resolution No. 2022-XXX. Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 5  RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING THE “EARLY MORNING PARKING” RESTRICTION ON BOTH SIDES OF THE 200 BLOCK OF EAST ROSSLYNN AVENUE BETWEEN POMONA AVENUE AND ITS EASTERLY TERMINUS 14. SUNSET LANE SCHOOL NEIGHBORHOOD TRAFFIC SAFETY ENHANCEMENTS Recommendation: 1. Approve TCC recommendations for safety enhancements for the Sunset Lane school neighborhood. 2. Adopt Resolution No. 2022-XXX. RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE INSTALLATION OF ADDITIONAL STOP CONTROL AT SELECT INTERSECTIONS 15. COYOTE 1C TANK REHABILITATION PROJECT ENGINEERING SERVICES AWARD Recommendation: 1. Approve $370,000 budget transfer and appropriation of Water Funds from Project 53626 Upgrade and Rehabilitation of City Reservoirs to Project 53036 Coyote 1C Tank Rehabilitation Project (Fund 44). 2. Authorize City Manager, or designee, to award $97,280 purchase order to Tetra Tech within the existing contract for the Preliminary Design Phase for the Coyote 1C Tank Rehabilitation Project (Project 53036). 3. Authorize Public Works Director, or designee, to negotiate with and award additional purchase orders for Engineering Design and Construction Phase 2 and 3 for the Coyote 1C Tank Rehabilitation Project (Project 53036) to Tetra Tech within the approved project budget. 4. Authorize Public Works Director, or designee, to approve any future change order for professional engineering and construction support services within the approved project budget. 16. CANNON-SHEPPARD AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES AWARD Recommendation: 1. Approve $140,000 budget transfer and appropriation from Water Funds within Project 53250 Water Main System Replacement to Project 53043 Cannon-Sheppard Area Water Main Replacement Project (Fund 44). 2. Award $104,600 purchase order to JIG Consultants for Professional Engineering Design Services for Cannon-Sheppard Area Water Main Replacement Project (Project 53043). 3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget. Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 6 17. RANCHO-VERONA AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES AWARD Recommendation: 1. Approve $225,000 budget transfer and appropriation from Water Funds from Project 53250 Water Main System Replacement to Project 53042 Rancho-Verona Area Water Main Replacement Project (Fund 44). 2. Award $169,910 purchase order to Cannon Corporation for Professional Engineering Design Services for Rancho-Verona Area Water Main Replacement Project (Project 53042). 3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget. 18. MARK III AREA WATER MAIN REPLACEMENT CONTRACT AWARD Recommendation: 1. Approve plans and specifications for the Mark III Area Water Main Replacement Project. 2. Approve $1,435,000 budget transfer and appropriation of Water Funds from Project 53250 Water Main System Replacement to Project 53027 Mark III Area Water Main Replacement Project (Fund 44). 3. Award a $1,084,955 construction contract for the Mark III Area Water Main Replacement Project to All Cities Engineering, 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. 19. HUNT LIBRARY PHASE III - BUILDING REPAIRS CONTRACT AWARD Recommendation: 1. Approve Project 55050 Hunt Library Phase III - Building Repairs Project plans and specifications. 2. Deny bid protest submitted by PCN3. Inc., award $2,459,823 construction contract for Project 55050 Hunt Library Phase III - Building Repairs Project to SS+K Construction, Inc. and authorize City Manager, or designee, to execute and administer 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. 20. NORBY LANE STORM DRAIN IMPROVEMENTS CONTRACT AWARD Recommendation: Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 7  1. Approve Norby Lane Storm Drain Replacement Project plans and specifications. 2. Approve $332,300 budget appropriation and appropriation from Drainage Capital Outlay Funds from Project 52591 Annual Storm Drain Repair to Project 52021 Norby Lane Storm Drain Replacement Project (Fund 74). 3. Award $236,315.38 construction contract for Norby Lane Storm Drain Replacement Project to Aguilar & Calderon Corp. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney. 4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project budget. STUDY SESSION (Item 21) 21. HOUSING INCENTIVE OVERLAY ZONE DEVELOPMENT UPDATE City Council consideration of the on-going development of the Housing Incentive Overlay Zone (HIOZ), as a related tool of the City’s Housing Element Update. Recommendation: Receive and file this report and provide guidance on future steps. PUBLIC HEARINGS - None REGULAR BUSINESS (Item 22 - 24) 22. REVISED SETTLEMENT AGREEMENT RELATING TO ENCROACHMENT REMOVAL AT 100 NORTH HARBOR BOULEVARD Consideration of a revised Settlement Agreement. Recommendation: Approve revised Settlement Agreement between the City of Fullerton and Mario Marovic for Commonwealth and Harbor LLC, authorizing the City Manager to sign final agreement, in a form approved by City Attorney’s Office. 23. CITY OF FULLERTON RESPONSE TO GRAND JURY REPORT - WATER IN ORANGE COUNTY NEEDS “ONE VOICE” (Continued from September 6, 2022) Staff requests City Council approve a response to the June 22, 2022 Orange County Grand Jury report titled Water in Orange County Needs “One Voice”. Recommendation: Approve City of Fullerton response to the Orange County Grand Jury Report - Orange County Needs “One Voice” and authorize Mayor Jung to execute and submit the letter. 24. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION Proposed Memorandum of Agreement between the City of Fullerton and the Fullerton Police Management Association reflecting tentative agreement on wages, hours and working conditions for City Council consideration. Fullerton City Council | Successor Agency Agenda September 20, 2022 - Page 8  Recommendation: Adopt Resolution No. 2022-XXX. 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 MANAGEMENT ASSOCIATION ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) • COMMISSION / COMMITTEE / BOARD APPOINTMENTS • ON CALL REAL PROPERTY AND RIGHT OF WAY SERVICES • CONTINUING DECLARATION FOR TELECONFERENCED MEETINGS • SCE EASEMENT REQUEST 400 NORTH POMONA AVENUE • FLEET REPORT • LAGOS MEXICAN CUISINE – STANDARD OUTDOOR DINING APPLICATION • FULLERTON POLICE OFFICERS' ASSOCIATION-PUBIC SAFETY SIDE LETTER AGREEMENT • FULLERTON MUSEUM CENTER MOU Tuesday, October 18, 2022 • CONFLICT OF INTEREST CODE UPDATE • SEPTEMBER 2022 CHECK REGISTER • COMMITTEE REPORT • FLOOD ORDINANCE UPDATE 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 September 20, 2022 - Page 9