City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - FEBRUARY 21, 2023 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) Shana Charles Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA FEBRUARY 21, 2023 - 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: Hector Hernandez, et al v. City of Fullerton, et al Case Number: USDC Case No. 8:20-CV-01 747 CJC 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Amber Leon (A.R.L.) v. City of Fullerton, et al Case Number: USDC Case No. 8:21-CV-00929 FWS 3. 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. SACV20-00046-DIC (KESx) 4. 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, Deputy City Manager Daisy Perez Negotiating Parties: Grace Ministries International Under Negotiations: Price and Terms 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Fullerton City Council | Successor Agency Agenda February 21, 2023 - Page 2  Property: 3535 West Commonwealth Avenue, Fullerton, CA 92833 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Dyer 18 LLC Under Negotiations: Price and Terms 6. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro, Ellis Chang, Laura Giannetti-Mercer Employee Organization/s: 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 February 21, 2023 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA FEBRUARY 21, 2023- 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: Black History Month 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 - 6) 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. FEBRUARY 7, 2023 MEETING MINUTES Recommendation: Approve February 7, 2023 City Council / Successor Agency Meeting Minutes. Fullerton City Council | Successor Agency Agenda February 21, 2023 - Page 4 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. JANUARY 2023 CHECK REGISTER Recommendation: Receive and file. 4. NOTICE OF JUST CAUSE FOR REMOTE PARTICIPATION IN LEGISLATIVE BODY MEETING Recommendation: Receive and file. 5. ROTH STAFFING COMPANIES, LP CHANGE ORDERS Recommendation: Approve and authorize City Manager, or designee, to execute agreements and change orders not to exceed $250,000 with Roth Staffing Companies, LP within budget, in a form approved by the City Attorney. 6. BASTANCHURY ROAD EMERGENCY REPAIR WATER MAIN BREAK Recommendation: 1. Ratify selection of Big Ben, Inc. (Big Ben), R. J. Noble and Traffic Management, Inc. (TMI) to provide materials and services related to the Bastanchury Road water main break emergency repairs, waiving formal bidding procedures. 2. Authorize City Manager, or designee, to issue purchase orders to Big Ben, Inc ., R. J. Noble and TMI for payment of materials and services related to the Bastanchury Road water main break emergency repairs. 3. Approve budget allocation not to exceed $150,000 from Water Fund reserves to Project 53052 Bastanchury Road Water Main Break Repair (Fund 44). PUBLIC HEARINGS - None REGULAR BUSINESS (Items 7 - 8) 7. CREDIT CARD FEE STRUCTURE City Council consideration of revising the City’s current absorbed credit card fee structure. Recommendation: Provide direction regarding an absorbed or pass-through model for credit card and eCheck fees: Option 1: City passes-through credit card and eCheck fees to customers. Option 2: Blended Structure Fullerton City Council | Successor Agency Agenda February 21, 2023 - Page 5  · City absorbs utility credit card and eCheck fees, and · City passes-through non-utility credit card and eCheck fees to customers. Option 3: City absorbs credit card and eCheck fees. Option 4: City absorbs credit card and eCheck fees with City Council direction to incorporate non-utility credit card and eCheck fees in future Fees and Charges Schedules. 8. 2023 LEGISLATIVE PLATFORM Consideration of 2023 Legislative Platform confirming City Council positions on legislative issues with the potential impact to the City of Fullerton. Recommendation: 1. Adopt the 2023 Legislative Platform as amended by City Council. 2. Authorize Mayor, or Mayor Pro Tem in Mayor’s absence, to sign policy and position letters within platform guidelines. 3. Approve City Council legislative advocacy policy. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, March 7, 2023 • PRESENTATION: ORANGE COUNTY POWER AUTHORITY • 124 EAST BROOKDALE AVENUE - DISABLED PERSON'S PARKING • TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD • 1600 COMMONWEALTH • ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR 2022 • CED STAFFING Tuesday, March 21, 2023 • FEBRUARY 2023 CHECK REGISTER • COMMITTEE REPORT • HOME ARP • NEW AND REVISED FEES FOR PUBLIC WORKS RELATED SERVICES 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 February 21, 2023 - Page 6