City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JULY 20, 2021 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. Bruce Whitaker Nick Dunlap Fred Jung Mayor (District 4) Mayor Pro Tem (District 2) Council Member (District 1) Jesus Silva Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA JULY 20, 2021 - 5:15 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 LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro and Laura Giannetti-Mercer Employee Organization: Fullerton Fire Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 2. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title City Manager Recruitment 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1) Title: Chief of Police ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 6:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR MEETING AGENDA JULY 20, 2021- 6:30 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 PURSUANT TO FMC 2.33.040 - TRANSPARENCY AND ACCOUNTABILITY IN LABOR NEGOTIATIONS PRESENTATIONS 1. PRESENTATION: PFAS Treatment Plant 2. PRESENTATION: Shield 4 Kids 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 not pulled from the Consent Calendar 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. 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 his / her 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 - 15) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not have separate discussion of these items unless Council / Agency Members, Staff or the public request discussion or removal of specific Consent Calendar items for separate action. Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 3 1. JULY 6, 2021 MEETING MINUTES Recommendation: Approve July 6, 2021 City Council / Successor Agency Meeting Minutes. 2. JUNE 2021 CHECK REGISTER Recommendation: Receive and file. 3. FISCAL YEAR 2020-21 THIRD QUARTER FINANCIAL REPORT Recommendation: 1. Receive and file Fiscal Year 2020-21 Third Quarter Financial Report. 2. Authorize City Manager, or designee, to effectuate any budget amendments and transfers necessary to ensure budget and accounting compliance in preparing the Fiscal Year 2020-21 audit and financial statements. 3. Approve the creation of new special revenue funds, Fund 28-SB2 Permanent Local Housing Allocation (PLHA) and Fund 38-American Rescue Plan Act (ARPA), to properly account and maintain accurate grant records to ensure grant compliance and authorize related grant funds appropriations received in FY 2020-21. 4. FREEWAY-ORIENTED ELECTRONIC BILLBOARD LOCATED AT 303 NORTH PLACENTIA AVENUE DEVELOPMENT AGREEMENT - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3300. ORDINANCE NO. 3300 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD ON PROPERTY ZONED G-C, GENERAL COMMERCIAL, LOCATED AT 303 NORTH PLACENTIA AVENUE 5. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO RECREATIONAL VEHICLE PARKING, STOPPING AND STANDING - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3301. ORDINANCE NO. 3301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE CHAPTER 8.46 RELATING TO RECREATIONAL VEHICLE PARKING, STOPPING AND STANDING 6. INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT AND INTERIM DIRECTOR OF HUMAN RESOURCES EMPLOYMENT AGREEMENTS Recommendation: Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 4  Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RATIFYING AN AGREEMENT RETAINING GREG PFOST AS THE INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RATIFYING AN AGREEMENT RETAINING EDDIE MANFRO AS THE INTERIM DIRECTOR OF HUMAN RESOURCES IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) 7. MEMBERSHIP AGREEMENT TO ADD FULLERTON HOUSING AUTHORITY AS A FULLERTON PUBLIC FINANCING AUTHORITY MEMBER Recommendation: 1. As City Council: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMBERSHIP AGREEMENT WITH THE FULLERTON HOUSING AUTHORITY, APPROVING THE FINAL FORM OF RELATED DOCUMENTS AND APPROVING OFFICIAL ACTIONS 2. As the Fullerton Housing Authority Governing Board: Adopt Resolution No. FHA 2021-XX. RESOLUTION NO. FHA 2021-XX - A RESOLUTION OF THE GOVERNING BOARD OF THE HOUSING AUTHORITY OF THE CITY OF FULLERTON, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMBERSHIP AGREEMENT WITH THE CITY OF FULLERTON, APPROVING THE FINAL FORM OF RELATED DOCUMENTS AND APPROVING OFFICIAL ACTIONS 8. HAZARDOUS MATERIALS DISCLOSURE / BUSINESS EMERGENCY PLAN PROGRAM TRANSFER FROM FULLERTON FIRE DEPARTMENT TO ORANGE COUNTY HEALTH CARE AGENCY ENVIRONMENTAL HEALTH DIVISION Recommendation: Transfer Hazardous Materials Disclosure / Business Emergency Plan Program from Fullerton Fire Department to Orange County Health Care Agency Environmental Health Division. 9. LIBRARY WI-FI HOTSPOT REPLACEMENT FEE Recommendation: 1. Approve acceptance of 33 Wi-Fi hotspots. 2. Amend Library’s Fee Schedule to add a $100 replacement fee for the non-return of library Wi-Fi hotspots and/or accessories. Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 5 10. EARLY MORNING PARKING RESTRICTIONS REPEAL - FERN DRIVE Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING THE “EARLY MORNING PARKING” RESTRICTION ON THE SOUTH SIDE OF FERN DRIVE BETWEEN CASA BLANCA DRIVE AND BARRIS DRIVE 11. RESIDENT ONLY PERMIT PARKING REQUEST - OLD RIVER ROAD Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING RESIDENT ONLY PERMIT PARKING ON THE RESIDENTIAL SIDE OF OLD RIVER ROAD BETWEEN VICTORIA DRIVE AND CONCORD AVENUE, REPEALING A PORTION OF RESOLUTION NO. 09-69 AND REPEALING RESOLUTION NO. 7008 12. RESCIND EARLY MORNING PARKING - WHITING AVENUE AND MALDEN AVENUE Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING THE “EARLY MORNING PARKING” RESTRICTION ON BOTH SIDES OF WHITING AVENUE BETWEEN MALDEN AVENUE AND HARBOR BOULEVARD AND ON BOTH SIDES OF MALDEN AVENUE BETWEEN WILSHIRE AVENUE AND WHITING AVENUE 13. WEST ASH AREA STREET IMPROVEMENTS Recommendation: 1. Approve plans and specifications for West Ash Area Street Improvements Project. 2. Approve the following appropriations in Project 44052 West Ash Area Street Improvements project: · $515,000 transfer from General Fund (Fund 10) Project 44589 Residential Street Program to CIP Fund (Fund 74) - Project 44052 West Ash Area Street Improvements. · $335,555 appropriation from Community Development Block Grant (CDBG) Fund to CIP Fund (Fund 74) - Project 44052 West Ash Area Street Improvements. 3. Award $637,000 construction contract for West Ash Area Street Improvements project to Onyx Paving Company, Inc., in a form approved by the City Attorney. 4. Authorize Public Works Director to approve any future change orders for construction Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 6  and professional engineering construction support services within the approved project budget. 14. PACIFIC DRIVE PARK IMPROVEMENTS Recommendation: 1. Approve Pacific Drive Park Improvements Project plans and specifications. 2. Award $844,845 construction contract for Pacific Drive Park Improvements Project to Micon Construction, Inc., in a form approved by the City Attorney. 3. Authorize City Manager, or desginee, to approve a change order to BGB Design Group in an amount not to exceed $50,000 to provide time and material construction services. 4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within approved project budget. 15. RUNWAY 06/24 SHOULDER ENHANCEMENT PROJECT AWARD - CONSTRUCTION AND PROJECT MANAGEMENT CONTRACTS Recommendation: 1. Approve Runway 06/24 Shoulder Enhancement Project plans and specifications. 2. Approve appropriations in Project 49013 Runway 06/24 Shoulder Enhancement Project: • Appropriation of awarded Federal Aviation Administration Airport Improvement Program Grant to CIP Fund (Fund 74) - Project 49013 Runway 06/24 Shoulder Enhancement - $2.6 million preliminary grant authorization with an additional amount added based on final project costs. • Appropriation from the Airport Enterprise Fund for any project costs not covered by the Federal Aviation Administration Airport Improvement Program Grant. 3. Award $2,568,760 construction contract to All American Asphalt Inc. for the Runway 06/24 Shoulder Enhancement Project, in a form approved by the City Attorney. 4. Authorize Public Works Director to execute a $106,437 purchase order to C&S Companies, Inc. for professional engineering construction support services for the Runway 06/24 Shoulder Enhancement Project . 5. Authorize Public Works Director to approve any documents necessary related to grant funding, as well as any future change orders for construction and professional engineering construction support services within approved project budget. PUBLIC HEARINGS (Items 16 - 18) Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency 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. Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 7 16. NEW AND REVISED USER FEES FOR DEVELOPMENT RELATED SERVICES Consideration of new and revised user fees for services related to development charged by the Community and Economic Development Department Planning and Building Divisions. Broadly, this action pertains to amounts paid by the users of services such as discretionary applications and construction permits and the recovery of costs to perform these services. Recommendation: Continue to August 3, 2021 meeting when all City Council Members will attend the meeting to consider this item. 17. GOODMAN LOGISTICS CENTER - FIRST AMENDMENT TO DEVELOPMENT AGREEMENT TO REVISE WATER WELL EASEMENT PUBLIC BENEFIT Request to amend Public Benefit with respect to “Water Well Easement” identified in the Development Agreement between the City and GLC Fullerton LLC. Recommendation: Introduce Ordinance 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 THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FULLERTON AND GLC FULLERTON LLC CONCERNING GOODMAN LOGISTICS CENTER, FULLERTON PROJECT 18. ISSUANCE OF NOT TO EXCEED $35,000,000 OF CITY OF FULLERTON PUBLIC FINANCING AUTHORITY REVENUE OBLIGATIONS FOR BENEFIT OF MARSHALL B. KETCHUM UNIVERSITY A Tax and Equity Fiscal Responsibly Act public hearing of the Fullerton City Council and Fullerton Public Financing Authority Board of Directors to consider adopting resolutions authorizing the City of Fullerton Public Financing Authority to issue Revenue Obligations for the benefit of Marshall B. Ketchum University and approve related bond documents. Recommendation: 1. Acting as the City Council, adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA APPROVING THE ISSUANCE OF REVENUE OBLIGATIONS FOR THE PURPOSE OF REFINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, RENOVATION, FURNISHING AND EQUIPPING OF CERTAIN EDUCATIONAL FACILITIES, PROVIDING THE TERMS AND CONDITIONS FOR SUCH OBLIGATIONS AND OTHER MATTERS RELATING THERETO FOR THE BENEFIT OF MARSHALL B. KETCHUM UNIVERSITY AND/OR A RELATED OR SUCCESSOR ENTITY 2. Acting as the Fullerton Public Financing Authority, adopt Resolution No. FPFA-XX: RESOLUTION NO. FPFA-XX - A RESOLUTION OF THE FULLERTON PUBLIC FINANCING AUTHORITY AUTHORIZING AND APPROVING THE ISSUANCE OF Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 8  BONDS IN AN AMOUNT NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF MAKING A LOAN TO MARSHALL B. KETCHUM UNIVERSITY, FOR THE PURPOSE OF FINANCING AND REFINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, RENOVATION, FURNISHING AND EQUIPPING OF CERTAIN PROPERTY, PROVIDING THE TERMS AND CONDITIONS FOR SUCH LOAN AND OTHER MATTERS RELATING THERETO AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS HEREIN SPECIFIED REGULAR BUSINESS - None ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, August 3, 2021 • STATE COLLEGE / RAYMOND GRADE SEPARATION PROJECTS CLOSEOUT • SANITATION COST OF SERVICE PSA • TREASURER’S REPORT FOR QUARTER ENDED JUNE 30, 2021 • CALCITIES CONFERENCE DELEGATE • CITY STREET CONDITIONS NEEDS AND OPTIONS Tuesday, August 17, 2021 • BUS SHELTER RFP • JULY 2021 CHECK REGISTER • REMOTE ACCESS TO LEGISLATIVE BODY MEETINGS DISCUSSION • FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO SPECIAL EVENTS • FULLERTON MUNICIPAL CODE AMENDMENT RATES, RULES, REGULATIONS ADJOURNMENT Adjourn to next regularly scheduled closed session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Adjourn to next regularly scheduled City Council / Successor Agency meeting at 6:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda July 20, 2021 - Page 9