FULLERTON CITY COUNCIL SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY AGENDA - JUNE 20, 2017 303 West Commonwealth Avenue, Fullerton, CA MEETINGS: The Fullerton City Council / Successor Agency / Public Financing Authority 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 as well as request removal of Consent Calendar items for further discussion during Public Comments at the Regular Session meeting. 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 and public hearing items shall have no more than five 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 slip and submit the slip 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 / Authority 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 / Public Financing Authority meeting on Time Warner 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. 2017-03 to review the complete Rules of Procedure and Decorum for City Council meetings. Bruce Whitaker Mayor Greg Sebourn Council Member Doug Chaffee Mayor Pro Tem Jesus Silva Council Member Jennifer Fitzgerald Council Member
CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA JUNE 20, 2017-2:00 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL PUBLIC COMMENTS City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda. RECESS to Closed Session CLOSED SESSION 1. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: Chief of Police 2. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: City Manager 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Case Number: Antonio Ortiz and Luiz Ortiz v. City of Fullerton et al. CV-16-01499 4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: and One Case CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case June 20, 2017 - Page 1
5. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Steve Berliner Employee Organization: Under Discussion: Fullerton Municipal Employees Federation, Fullerton Management Association, Fullerton Police Officers Association Safety, Fullerton Police Officers Association Dispatcher, Fullerton Fire Management Association, Fullerton Police Management Association, Fullerton Firefighters Association; Fullerton Executive Employees Parameters of authority for negotiating salaries, benefits and working conditions 6. PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE Per Government Code Section 54957.1(a)(5) ADJOURNMENT The next regular City Council / Successor Agency / Public Financing Authority meeting is June 20, 2017 at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. June 20, 2017 - Page 2
CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY / PUBLIC FINANCING AUTHORITY REGULAR MEETING AGENDA JUNE 20, 2017-6:30 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT EX PARTE COMMUNICATIONS REPORT PURSUANT TO CITY OF FULLERTON RESOLUTION NO. 2016-46 TRANSPARENCY IN LABOR NEGOTIATIONS PRESENTATIONS 1. PRESENTATION: Sister City Association PUBLIC COMMENTS The City Council / Successor Agency / Public Financing Authority will hear public comments on matters not appearing on the agenda but within City Council / Agency / Authority jurisdiction at this time. The City Council / Agency / Authority will also accept public requests for removal of Consent Calendar 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 / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency / Authority from acting on non-agenda items. June 20, 2017 - Page 3
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS City Council Members may ask questions for clarification, make a brief announcement, make a brief report on 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 PUBLIC HEARINGS (Item 1) Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency / Public Financing Authority decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing. 1. AMENDMENT TO FULLERTON MUNICIPAL CODE TITLE 15 PERTAINING TO ACCESSORY DWELLING UNITS Proposed amendment to Title 15 of the Fullerton Municipal Code modifying provisions for second dwelling units, now referred to as accessory dwelling units, to comply with recent State legislation. Recommendation by the Community Development Department: 1. Make finding that project is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15282 (h). 2. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO THE FULLERTON MUNICIPAL CODE CHAPTERS 15.04 AND 15.17 TO UPDATE THE ZONING ORDINANCE PROVISIONS PERTAINING TO ACCESSORY DWELLING UNITS IN SINGLE AND MULTIPLE FAMILY ZONES IN ACCORDANCE WITH NEW STATE LEGISLATION THAT AMENDED CALIFORNIA GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 REGULAR BUSINESS (Items 2 7) 2. CITY MANAGER EMPLOYMENT AGREEMENT Consideration of employment agreement with Kenneth A. Domer on the terms of his employment as Fullerton City Manager. Recommendation by the Human Resources Department: 1. Authorize Mayor to execute Employment Agreement appointing Kenneth A. Domer as City Manager effective July 24, 2017, for a period of five years and setting forth additional terms and conditions of employment. 2. Adopt Resolution No. 2017-XX. June 20, 2017 - Page 4
RESOLUTION NO. 2017-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DELETING THE CITY MANAGER CLASSIFICATION FROM APPENDIX A OF THE EXECUTIVE COMPENSATION PLAN (RESOLUTION 2011-90) AND AMENDING THE CITYWIDE SALARY SCHEDULE (RESOLUTION 2017-21) IN ACCORDANCE WITH THE REQUIREMENTS OF TITLE 2, SECTION 570.5 OF THE CALIFORNIA CODE OF REGULATIONS 3. AMENDMENT TO FULLERTON MUNICIPAL CODE TITLE 15 PERTAINING TO DENSITY BONUS Proposed amendment to Title 15 of the Fullerton Municipal Code modifying provisions related to density bonuses for affordable and special needs housing to comply with recent changes in State law. Recommendation by the Community Development Department: 1. Make finding that project is exempt from CEQA review pursuant to CEQA Guidelines Section 15601(b)(3). 2. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE CHAPTERS 15.04, 15.17 AND 15.30 TO UPDATE THE ZONING ORDINANCE PROVISIONS PERTAINING TO DENSITY BONUSES, DEVELOPMENT INCENTIVES AND CONCESSIONS AND TO ADD NEW PROVISIONS FOR A DEVELOPMENT BONUS IN ACCORDANCE WITH NEW STATE LEGISLATION AMENDING THE CALIFORNIA GOVERNMENT CODE SECTION 65915 AND ADDING SECTION 65915.7 4. VARIOUS STREET EARLY MORNING PARKING EXEMPTIONS - FULLERTON MUNICIPAL CODE 8.44.080 Consideration of Transportation and Circulation Commission recommendation to repeal 2:00 a.m. to 5:00 a.m. Early Morning Parking restriction on select portions of Highland Avenue, Madison Avenue, Union Avenue, Walnut Avenue, Wilshire Avenue, Yale Avenue and Peckham Street. Recommendation by the Public Works Department: Adopt Resolution No. 2017-XX. RESOLUTION NO. 2017-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING THE EARLY MORNING PARKING RESTRICTION ON VARIOUS STREET SEGMENTS IN THE CITY 5. AUTHORIZATION FOR ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT PURPOSES Recommendation to conform with Penal Codes 11105(b)(11) and 13300(b)(11) and Department of Justice procedures expanding the City s access from state only fingerprint checks to both state and federal fingerprint checks. Recommendation by the Human Resources Department: 1. Adopt Resolution No. 2017-XX. June 20, 2017 - Page 5
RESOLUTION NO. 2017-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT PURPOSES 2. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REPEALING SECTION 2.31.010 OF CHAPTER 2.31 (CRIMINAL OFFENDER RECORD INFORMATION) OF THE FULLERTON MUNICIPAL CODE 6. AMENDMENT TO FULLERTON MUNICIPAL CODE TITLE 4 PERTAINING TO FILM / PHOTOGRAPHY PERMIT BUSINESS REGISTRATION EXEMPTION Proposed amendment to Title 4 of the Fullerton Municipal Code (FMC) adding provisions to explicitly exempt from current requirement for payment of a business tax or the procurement of a registration certificate to conduct activities set forth within Chapter 3.80 Filming Rules and Regulations. Recommendation by Administration: Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 4 BUSINESSES, PROFESSIONS AND TRADES OF THE FULLERTON MUNICIPAL CODE ADDING PROVISIONS TO EXPLICITLY EXEMPT FROM THE CURRENT REQUIREMENT FOR PAYMENT OF A BUSINESS TAX OR THE PROCUREMENT OF A REGISTRATION CERTIFICATE TO CONDUCT ACTIVITIES SET FORTH WITHIN CHAPTER 3.80 FILMING RULES AND REGULATIONS OF THE FULLERTON MUNICIPAL CODE 7. ORANGE COUNTY NORTH BASIN SITE NATIONAL PRIORITY LIST The Orange County Water District is collaborating with the Environmental Protection Agency to request that the Governor consider listing the Orange County North Basin plume site on the National Priority List and has requested that member agencies consider sending a support letter. Recommendation by the Public Works Department: Authorize the Mayor to sign and send a letter in support of listing the Basin on the National Priority List. CONSENT CALENDAR (Items 8 19) City Council / Successor Agency / Public Financing Authority will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency / Authority will not have separate discussion of these items unless Council / Agency / Authority Members, staff or the public request discussion or removal of specific Consent Calendar items for separate action. 8. JUNE 6, 2017 MEETING AND JUNE 7, 2017 SPECIAL MEETING MINUTES June 20, 2017 - Page 6
Recommendation by the City Clerk s Office: Approve June 6, 2017 City Council / Successor Agency / Public Financing Authority Meeting Minutes and June 7, 2017 City Council / Successor Agency / Public Financing Authority Special Meeting Minutes. 9. MONTHLY LEGISLATIVE UPDATE Recommendation by the City Clerk s Office: Receive and file. 10. APPEAL OF HEARING OFFICER S RECOMMENDATION Recommendation by the City Attorney: Adopt Findings, Determination and Order reviewed in Closed Session. 11. INSURANCE PROGRAM REPORT AND RECOMMENDATIONS Recommendation by the Human Resources Department: 1. Authorize staff to bind excess workers compensation insurance with limits of $750,000 to $75 million for non-safety employees and $1 million to $75 million for safety employees with Safety National Insurance Company. 2. Authorize staff to bind excess liability insurance with limits of $2 million to $8 million per occurrence with Peleus Insurance Company, Argo Insurance Group. 3. Authorize staff to bind airport liability insurance with a per loss limit of $75 million with Ace Insurance Company. 4. Receive and file report relative to the City s insurance programs, ancillary insurance coverage purchases and participation in the Independent Cities Risk Management Authority program to procure excess liability insurance above $8 million per occurrence, All Risk Property coverage, Auto Physical Damage Insurance, Crime Insurance and Cyber Liability Insurance. 5. Confirm exclusion of earthquake or flood insurance from the City s insurance program. 12. SIDE LETTERS TO MEMORANDA OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS ASSOCIATION SAFETY UNIT AND THE FULLERTON POLICE OFFICERS ASSOCIATION DISPATCHER UNIT Authorize Interim City Manager to sign Side Letters to Memoranda of Agreement Between the City of Fullerton and Fullerton Police Officers Association Police Safety Unit and Fullerton Police Officers Association - Dispatcher Unit. Recommendation by the Human Resources Department: Adopt Resolution 2017-XX RESOLUTION NO. 2017-XX - 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 DATED JUNE 14, 2017. June 20, 2017 - Page 7
13. HEALTHY EATING ACTIVE LIVING (HEAL) PROGRAM GRANT FROM ST. JUDE HOSPITAL Recommendation by the Parks and Recreation Department: Approve $65,000 grant funding from St. Jude Hospital for the Healthy Eating Active Living (HEAL) Program and authorize the Director of Parks and Recreation to sign all grant documents on behalf of the City of Fullerton. 14. 2017-18 COUNTY OF ORANGE OFFICE ON AGING AGREEMENT FOR FUNDING OF OLDER AMERICANS ACT TITLE III-B PROGRAMS Recommendation by the Parks and Recreation Department: Approve agreement and authorize Director of Parks and Recreation to sign agreement with County of Orange Office on Aging and any amendments to agreement for Fiscal Year 2017-18. 15 NINTH AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE FULLERTON REDEVELOPMENT AGENCY AND FTC ACQUISITION, LLC, TO PLAN FOR THE DEVELOPMENT OF THE FULLERTON TRANSPORTATION CENTER Recommendation by the City Manager: Approve extension of the Exclusive Negotiation Agreement total negotiation period. 16. PURCHASE OF CITY-WIDE INCIDENT ALERT SYSTEM Recommendation by the Public Works Department: Approve $18,400 appropriation from Building Maintenance Fund Balance to purchase a cloud-based, real-time emergency alert system from Resilient Communications. 17. ACQUISITION OF PROPERTY LOCATED AT 3001 PEARL DRIVE, FULLERTON, CALIFORNIA Recommendation by the Parks and Recreation Department: 1. Authorize staff to acquire property in an amount equal to value in the appraisal report prepared by Lidgard & Associates. 2. Authorize staff to administer administrative settlement in an amount not to exceed 20 percent ($148,000) of appraised value of the property, upon submission by property owners, or authorized representative, of proper documentation providing justification for settlement exceeding appraised valuation and offer of just compensation. 3. Authorize Director of Parks and Recreation to execute documents necessary for successful acquisition of the property, in a form approved by the City Attorney. 4. Appropriate $58,000 to Project #54033 from Park Dwelling Fund balance. 18. HUGHES DRIVE - NO STOPPING ANYTIME Recommendation by the Public Works Department: Adopt Resolution No. 2017-XX. June 20, 2017 - Page 8
RESOLUTION NO. 2017-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DESIGNATING BOTH SIDES OF HUGHES DRIVE, BETWEEN NICOLAS STREET AND BASTANCHURY ROAD, AS PLACES WHERE VEHICLES ARE PROHIBITED FROM STOPPING 19. CURB / GUTTER AND SIDEWALK RECONSTRUCTION FISCAL YEAR 2016-2017 Recommendation by the Public Works Department: 1. Approve plans and specifications for Curb / Gutter and Sidewalk Reconstruction Project Fiscal Year 2016-2017. 2. Award $518,719 construction contract for Curb / Gutter and Sidewalk Reconstruction Project Fiscal Year 2016-2017 to FS Contractors, Inc. AGENDA FORECAST (tentative) Tuesday, July 4, 2017 MEETING CANCELLED Tuesday, July 18, 2017 PROCLAMATION: Fit City Status SALE OF CITY-OWNED PROPERTY - APN: 032-242-43: 119 HARBOR BOULEVARD MONTHLY LEGISLATIVE UPDATE STREETLIGHT LED CONVERSION/RETROFIT ADJOURNMENT The next City Council / Successor Agency closed session meeting is July 18, 2017 at 5:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. The next regular City Council / Successor Agency / Public Financing Authority meeting is July 18, 2017 at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. June 20, 2017 - Page 9