City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - NOVEMBER 1, 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 NOVEMBER 1, 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: Stephanie Stevenson v. City of Fullerton Case Number: OCSC 30-2018-01039485 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: Approximately 0.49 acres and portion of adjacent parcel located at the northeast corner of Ellis Place and Harbor Boulevard in the City of Fullerton (APNs 029-032-21 and 029-033-24), approximately 0.64 acres located at the northwest corner of Chapman Avenue and Pomona Avenue (APNs: 029-033-03, 029-033-04, 029-033- 05 and 029-033-06) Agency Negotiator: City Manager Eric Levitt, Interim Director of Community and Economic Development Sunayana Thomas, Special Counsel Allison LeMoine-Bui, Rutan & Tucker, LLP Negotiating Parties: NFRED LLC; Fox Harbor LLC Under Negotiations: Price and Terms 4. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro and Jay Trinnaman Fullerton City Council | Successor Agency Agenda November 1, 2022 - Page 2  Employee Organization/s: Fullerton Firefighters’ Association; Fullerton Fire Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 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 November 1, 2022 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA NOVEMBER 1, 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 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- 11) 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. OCTOBER 18, 2022 MEETING MINUTES Recommendation: Approve October 18, 2022 City Council / Successor Agency Meeting Minutes. 2. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Fullerton City Council | Successor Agency Agenda November 1, 2022 - Page 4  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 3. CLASSIFICATION PLAN UPDATE RELATING TO POLICE OFFICER SERIES, POLICE CORPORAL SERIES AND POLICE SERGEANT SERIES AND PROPOSED SIDE LETTER TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION - PUBLIC SAFETY UNIT Recommendation: Adopt the following resolutions: RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING AND DELETING CERTAIN PERSONNEL CLASSIFICATION PLAN CLASS SPECIFICATIONS AND AMENDING RESOLUTION NO. 2022-065 (FULLERTON POLICE OFFICERS’ ASSOCIATION - POLICE SAFETY UNIT) APPENDIX A RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION - POLICE SAFETY UNIT 4. EUCLID STREET IMPROVEMENTS SEWER MAIN REPAIR Recommendation: Approve $10,970 Sewer Enterprise Funds budget transfer from Project 51419 Annual Sewer Replacement Program to Project 44048 Euclid Street Improvements (Fund 47). 5. POLICE DEPARTMENT PATROL VEHICLES PURCHASE FROM NATIONAL AUTO FLEET GROUP Recommendation: 1. Authorize purchase of eight Police Department replacement patrol vehicles on the FY 2022-23 vehicle replacement list and award $347,267.88 purchase order to National Auto Fleet Group for eight 2023 Dodge Charger V-8 RWD patrol vehicles through Sourcewell cooperative purchasing agreement. 2. Reauthorize purchase of five Police Department replacement patrol vehicles as part of the FY 2021-22 vehicle replacement list and award the following purchase orders: · $201,297.27 purchase order to National Auto Fleet Group for three 2023 Ford Police Interceptor Utility Non-Hybrid with a “Slick Top” upfit option through Sourcewell cooperative purchasing agreement. · $133,446.09 purchase order to National Auto Fleet Group for two 2023 Ford Fullerton City Council | Successor Agency Agenda November 1, 2022 - Page 5  Police Interceptor Utility Non-Hybrid with a “Patrol” upfit option through Sourcewell cooperative purchasing agreement. 6. SOUTHERN CALIFORNIA EDISON EASEMENT REQUEST FOR UTILITY PURPOSES AT THE LEMON PARKING STRUCTURE SITE - 400 NORTH POMONA AVENUE Recommendation: Authorize Public Works Director, on behalf of the City of Fullerton, to execute the necessary documents with Southern California Edison (SCE) to effectuate conveyance of the requested easement located at 400 North Pomona Avenue, Lemon Parking Structure site. 7. PROFESSIONAL SERVICES AGREEMENT WITH HAZEN AND SAWYER FOR WELL 7A EQUIPPING AND PIPELINE REPLACEMENT ENGINEERING SERVICES Recommendation: 1. Authorize City Manager, or designee, to execute and administer a $465,731 Professional Services Agreement with Hazen and Sawyer to provide design, bid assistance, construction support and pipeline assessment services, in a form approved by the City Attorney. 2. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for professional engineering and support services, within approved project budget. 8. AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP FOR PAVEMENT MANAGEMENT PROGRAM CONSULTANT SERVICES Recommendation: 1. Authorize City Manager, or designee, to execute Consultant Professional Service Agreements for FY 2022-23 and FY 2023-24, including renewing optional annual agreements through FY 2027-28, with Bucknam Infrastructure Group, in a form approved by the City Attorney. 2. Authorize Director of Administrative Services, or designee, to issue purchase orders with Bucknam Infrastructure Group equaling $44,200 for FY 2022-23 and $31,039 for FY 2023-24 and future purchase orders in optional agreement years for approved negotiated amounts through FY 2027-28. 3. Authorize Public Works Director, or designee, to negotiate Consultant scope of work and fees with Bucknam Infrastructure Group to prepare annual PMP updates for optional agreement years, FY 2024-25 through FY 2027-28, in a form approved by the City Attorney. 4. Authorize Public Works Director, or designee, to approve any future change orders for professional consulting services within the approved project budget. 9. DISABLED PERSON PARKING AT 611 EAST COMMONWEALTH AVENUE Recommendation: Adopt Resolution No. 2022-XXX. Fullerton City Council | Successor Agency Agenda November 1, 2022 - Page 6  RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE IN FRONT OF 611 EAST COMMONWEALTH AVENUE 10. CROSSWALK REMOVAL AT HARBOR BOULEVARD AND SOUTHGATE AVENUE, CHAPMAN AVENUE AND MALDEN AVENUE, CHAPMAN AVENUE AND FORD AVENUE Recommendation: 1. Authorize removal of marked crosswalk on south leg of Harbor Boulevard and Southgate Avenue / Costco Way. 2. Authorize removal of marked crosswalk on west leg of Chapman Avenue and Malden Avenue. 3. Authorize removal of marked crosswalk on west leg of Chapman Avenue and Ford Avenue. 11. CROSSWALK REMOVAL AT CHAPMAN AVENUE AND HART PLACE Recommendation: Authorize removal of marked crosswalk at Chapman Avenue and Hart Place. PUBLIC HEARINGS - None REGULAR BUSINESS (Item 12) 12. LAGOS MEXICAN CUISINE - STANDARD OUTDOOR DINING APPLICATION Lagos Mexican Cuisine restaurant, located at 139 West Santa Fe Avenue, applied for outdoor dining on August 5, 2022. The application requests use of City paid parking in the Restaurant Overlay District. This request requires City Council approval per the Standard Outdoor Dining Guidelines. Recommendation: Require applicant to fund a parking study to assess proposed parking reduction impacts within the Downtown area, specifically within the Restaurant Overlay District and return to City Council for consideration of outdoor dining application upon completion of parking study results. OR Deny application due to differing objectives with the Restaurant Overlay District parking provisions and Long-Range Property Management Plan and need to preserve critical downtown public parking amidst AB 2097 limitations on imposing parking requirements on any residential, commercial or other development project located within one -half mile of public transit. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Fullerton City Council | Successor Agency Agenda November 1, 2022 - Page 7 TUESDAY, NOVEMBER 15, 2022 • WATER WELL EASEMENTS AND GOODMAN LOGISTICS CENTER COVENANT AGREEMENT • TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD REQUEST • COMMITTEE REPORT • OCTOBER 2022 CHECK REGISTER • MINIMUM WAGE • FLOOD ORDINANCE UPDATE • CONFLICT OF INTEREST CODE UPDATE • MAPLE NEIGHBORHOOD CENTER OPERATIONS TUESDAY, DECEMBER 6, 2022 • TELECONFERENCED MEETINGS DECLARATION • 2022 POLICE PATROL VEHICLE REPLENISHMENT PURCHASE • REORGANIZATION (TENTATIVE) 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 November 1, 2022 - Page 8