City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MAY 16, 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 MAY 16, 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 - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: Two Cases 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Langenbacher, et al. v. City of Fullerton, et al. Case Number: OCSC 30-2022-01296035 3. 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 8:20-CV-01 747 CJC (JDEx) 4. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro, Jay Trinnaman Employee Organization/s: Fullerton Municipal Employees Federation and Fullerton 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 May 16, 2023 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MAY 16, 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: Apraxia Awareness Day 2. PROCLAMATION: Asian American and Pacific Islander Heritage Month 3. PROCLAMATION: Public Works Week 4. PRESENTATION: Memorial Day Ceremony ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT 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 - 12) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Fullerton City Council | Successor Agency Agenda May 16, 2023 - 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. MAY 2, 2023 MEETING MINUTES Recommendation: Approve May 2, 2023 City Council / Successor Agency Meeting Minutes. 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. APRIL 2023 CHECK REGISTER Recommendation: Receive and file. 4. KIWANIS CLUB LEASE AGREEMENT AMENDMENT NUMBER 3 Recommendation: 1. Approve Amendment No. 3 to Kiwanis Club Lease Agreement for the Kiwanis Youth Park at 410 South Richman Avenue, in a form approved by the City Attorney. 2. Authorize City Manager, or designee, to execute and administer Kiwanis Club Amendment No. 3 to the Lease Agreement for the Kiwanis Youth Park and all related documents, including options to extend, in a form approved by the City Attorney. 5. CITY COUNCIL CHAMBERS AUDIO-VISUAL SYSTEM UPGRADES PROJECT PROFESSIONAL SERVICES AGREEMENT AMENDMENT AND FUNDING Recommendation: 1. Approve Amendment No. 4 to Professional Services Agreement with Glass Box Technology, Inc. dated July 1, 2022. 2. Authorize Administrative Services Director, or designee, to issue $596,640 purchase order with Avidex for equipment and installation of audio-visual system upgrades in the Council Chambers. 3. Authorize $719,517 appropriation and budget transfers from the FTV Cable PEG Access Fund Balance (Fund 27) to Information Technology Fund (Fund 68). 4. Authorize City Manager, or designee, to approve purchase or change orders within approved project budget. 6. TYLER TECHNOLOGIES ENERGOV PERMIT MANAGEMENT SOFTWARE CONTRACT AMENDMENT FOR ADDITIONAL USERS Recommendation: 1. Authorize City Manager, or designee, to execute and administer contract amendments with Tyler Technologies, Inc. - EnerGov application to adjust licenses as needed on an ongoing basis, in a form approved by the City Attorney. Fullerton City Council | Successor Agency Agenda May 16, 2023 - Page 4  2. Authorize City Manager, or designee, to issue related change orders on an ongoing basis. 3. Authorize budget transfers from Permit Surcharges to support Tyler Technologies, Inc . - EnerGov application maintenance and operation costs on an ongoing basis. 4. Approve up to $85,000 budget transfer and appropriation from General Fund to Information Technology Fund (Fund 68) to cover the Permit Surcharge fee revenue shortfall for cost of additional EnerGov licenses. 7. ASSOCIATED ROAD INFRASTRUCTURE IMPROVEMENTS BASTANCHURY ROAD TO IMPERIAL HIGHWAY CONTRACT AWARD Recommendation: 1. Approve plans and specifications for Project 44061 Associated Infrastructure Improvements - Bastanchury Road to Imperial Highway. 2. Approve replacing bid schedule base bid item #41, Traffic Signing and Striping with Bid Alternate Item #1, Traffic Re-striping of Existing. 3. Approve the following appropriations in Project 44061 Associated Infrastructure Improvements - Bastanchury Road to Imperial Highway: · $1,305,000 RMRA / SB1 Funds budget transfer from Project 44400 Annual Arterial Street Reconstruction, Rehabilitation and Repair · $40,000 Measure M2 Funds budget transfer from Project 46027 Signal Operation Enhancement · $58,000 Measure M2 Funds budget transfer from Project 46037 Neighborhood Traffic Management · $227,000 Sewer Enterprise Funds budget transfer from Project 51419 Annual Sewer Replacement Project · $1,420,000 Water Funds budget transfer from Project 53250 Water Main System Replacement and Upgrade. 4. Award $2,413,236.50 construction contract for Associated Infrastructure Improvements - Bastanchury Road to Imperial Highway Project to Big Ben, Inc. and authorize City Manager, or designee, to execute contract, in a form approved by the City Attorney. 5. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within approved project budget. 8. ASSOCIATED ROAD STREET IMPROVEMENTS YORBA LINDA TO BASTANCHURY CONTRACT AWARD Recommendation: 1. Approve plans and specifications for Project 44060 Associated Road Street Improvement project. 2. Authorize City Manager to award and execute a construction contract not to exceed $650,000 with an approved contractor for Project 44060 Associated Road Street Fullerton City Council | Successor Agency Agenda May 16, 2023 - Page 5  Improvement Project (Fund 74), in a form approved by the City Attorney. 3. Authorize City Manager to conduct a public hearing to hear bid protests if any protests submitted. 9. CASA BLANCA - BARRIS - FERN AREA SEWER AND STREET IMPROVEMENTS PROJECT Recommendation: 1. Approve the following budget transfers and appropriations to Project 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project: · $1,490,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Project (Fund 47) to 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project (Fund 47) · $950,000 Measure M2 Funds (Fund 74) from Project 44589 Annual Residential Street Program to 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project (Fund 74) · $175,000 Measure M2 Funds (Fund 74) from Project 44400 Annual Arterial Street Program to 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project (Fund 74) · $395,000 Drainage Capital Outlay Funds (Fund 74) from Project 52591 Annual Storm Drain Repair to 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project (Fund 74). 2. Ratify $2,533,540 construction contract awarded by the City Manager for the 51030 Casa Blanca - Barris - Fern Area Sewer and Street Improvement Project to Dominguez General Engineering, Inc. 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. GLENWOOD / FORD AREA INFRASTRUCTURE IMPROVEMENTS CONTRACT AWARD Recommendation: 1. Approve plans and specifications for Project 53029 Glenwood / Ford Area Infrastructure Improvement Project. 2. Approve the following budget transfers to Project 53029 Glenwood / Ford Area Infrastructure Improvements: · $3,900,000 Water Funds from Project 53250 Water Main System Replacement (Fund 44) to Project 53029 Glenwood / Ford Area Infrastructure Improvements (Fund 44) · $310,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Program (Fund 47) to Project 53029 Glenwood / Ford Area Infrastructure Improvements (Fund 47) Fullerton City Council | Successor Agency Agenda May 16, 2023 - Page 6  · $1,900,000 Measure M2 funds from Project 44589 Residential Street Program (Fund 74) to Project 53029 Glenwood / Ford Area Infrastructure Improvements (Fund 74) · $670,000 Gas Tax Funds from Project 44589 Residential Street Program (Fund 74) to Project 53029 Glenwood / Ford Area Infrastructure Improvements (Fund 74). 3. Award $5,983,025 construction contract to Big Ben, Inc. for Project 53029 Glenwood / Ford Area Infrastructure Improvement Project and authorize City Manager, or designee, to execute and administer 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 approved project budget. 11. ORANGETHORPE AVENUE / ESPERANZA ROAD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT CONSULTANT SERVICES CONTRACT EXTENSION Recommendation: Authorize City Manager, or designee, to execute and administer Amendment Number One to Professional Services Agreement with AGA Engineers, Inc., in a form approved by the City Attorney. 12. SANITATION CHARGE ADJUSTMENT Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A REVISED SANITATION CHARGE REDUCING THE PERCENTAGE USED TO CALCULATE THE CHARGE FROM 16% TO 15.25% EFFECTIVE FISCAL YEAR 2023-24 PUBLIC HEARINGS - None REGULAR BUSINESS (Items 13 - 17) 13. DECLARATION OF CITY-OWNED PROPERTY LOCATED EAST OF 1747 WEST COMMONWEALTH AVENUE AS EXEMPT SURPLUS PROPERTY Staff recommends City Council declare property located east of 1747 West Commonwealth Avenue exempt from the Surplus Land Act process as the City finds the property not suitable for housing because it is right-of-way and the City has initiated the process to convey to an adjacent property owner. Recommendation: Adopt Resolution No 2023.XXX. RESOLUTION NO 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION 54221, DECLARING REMNANT RIGHT-OF-WAY PROPERTY AS NOT NECESSARY Fullerton City Council | Successor Agency Agenda May 16, 2023 - Page 7  FOR CITY USE AND DETERMINING SUCH PROPERTY AS EXEMPT SURPLUS, FINDING SUCH DECLARATION EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TAKING RELATED ACTIONS 14. ASSOCIATED ROAD LANE REDUCTION PROPOSAL FROM BASTANCHURY ROAD TO IMPERIAL HIGHWAY The Engineering Division will present a proposed lane reduction on Associated Road between Bastanchury Road to Imperial Highway. Recommendation: 1. Provide input on proposed reclassification and lane reduction. 2. Direct staff to refine design and conduct another community meeting to present the revised concept. 15. HARBOR BOULEVARD AND LA ENTRADA PLACE INTERSECTION SIGNALIZATION RECOMMENDATION City Council consideration of a Transportation and Circulation Commission recommendation to install a new traffic signal at the Harbor Boulevard and La Entrada Place intersection. Recommendation: 1. Approve design and construction of a new traffic signal at the Harbor Boulevard and La Entrada Place intersection. 2. Authorize new Capital Improvement Project for traffic signal design and construction at the Harbor Boulevard and La Entrada Place intersection and authorize $35,000 budget transfer and appropriation in existing traffic signal improvement funds to begin project design. 16. CONSULTANT SELECTION TO ANALYZE ORANGE COUNTY POWER AUTHORITY JOINT POWERS AGREEMENT WITHDRAWAL COSTS City Council directed staff determine the cost to hire a consultant to analyze the process and costs to withdraw from the Joint Powers Agreement (JPA) with Orange County Power Authority (OCPA). Staff received proposals from three consultants for City Council consideration. Recommendation: 1. Select consultant to perform analysis. 2. Authorize City Manager to enter into an agreement with the selected consultant to analyze costs and process to withdraw from the OCPA JPA. 17. NEW AND REVISED FEES FOR PUBLIC WORKS SERVICES - WATER UTILITY AND AIRPORT FEES Consideration of adding, increasing and/or modifying Water Utility and Airport fees for services provided by the Public Works Department in efforts to approach full cost recovery for services provided. Recommendation: Fullerton City Council | Successor Agency Agenda May 16, 2023 - Page 8  Provide direction regarding proposed changes to the Water Utility and Airport fees for services provided by the Public Works Department in efforts to approach full cost recovery, beginning Fiscal Year 2023-24. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, June 6, 2023 • FISCAL YEAR 2023-24 BUDGET ADOPTION • WESTPARK / TA PARTNERS ENTITLEMENTS • LIBRARY CONFERENCE ROOM TECHNOLOGY UPGRADES • COMMUNITY FOREST MANAGEMENT PLAN (Continued from April 18, 2023) • HUNT BRANCH LIBRARY UPDATE AND LIBRARY AD-HOC COMMITTEE RECOMMENDED ACTIONS • PARKS AND RECREATION COMMISSION AND INVESTMENT ADVISORY COMMITTEE APPOINTMENTS Tuesday, June 20, 2023 • MAY 2023 CHECK REGISTER • RETAIL STRATEGIES PLAN UPDATE • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • POINTE COMMON AFFORDABLE HOUSING AND LAND DISPOSITION • GENERAL PLAN AMENDMENT TO CHANGE ROADWAY CLASSIFICATION ON ASSOCIATED ROAD • CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 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 May 16, 2023 - Page 9