City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - AUGUST 3, 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 AUGUST 3, 2021 - 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: Three Cases 2. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Jay Trinnaman, Eddie Manfro, Laura Giannetti-Mercer Employee Organization/s: Fullerton Municipal Employees Federation, Fullerton Fire Management Association, Fullerton Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lawrence Yoo v. City of Fullerton, et al. Case Number: OCSC Case No. 30-2019-01110914 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 801 West Valencia Drive, Fullerton, CA 92832 (APN: 031-150- 42, 031-150-44, 031-150-45) Agency Negotiator: Christa Johnson, Interim Deputy City Manager Negotiating Parties: Boys & Girls Club Under Negotiation: Price and terms Fullerton City Council | Successor Agency Agenda August 3, 2021 - Page 2 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 August 3, 2021 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA AUGUST 3, 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: Republic Services Check 2. PRESENTATION: Advance OC Orange County Equity Map 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 - 8) 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. 1. JULY 20, 2021 MEETING MINUTES Fullerton City Council | Successor Agency Agenda August 3, 2021 - Page 4  Recommendation: Approve July 20, 2021 City Council / Successor Agency Meeting Minutes. 2. GOODMAN LOGISTICS CENTER FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3302. ORDINANCE NO. 3302 - 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 3. TREASURER’S REPORT FOR QUARTER ENDED JUNE 30, 2021 Recommendation: Receive and file. 4. INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT EMPLOYMENT AGREEMENT (Continued from July 20, 2021) Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING 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) 5. PROPOSED SIDE LETTER AGREEMENT TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-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 MANAGEMENT ASSOCIATION 6. ALARM ORDINANCE MANAGEMENT SYSTEM AND SERVICES AGREEMENT WITH ALARM PROGRAM SYSTEMS Recommendation: 1. Approve Alarm Program Systems agreement and authorize City Manager or designee to execute and administer Professional Services Agreement, in a form approved by the City Attorney. 2. Authorize the City Manager or designee to execute options to renew. Fullerton City Council | Successor Agency Agenda August 3, 2021 - Page 5 7. FINAL EXTENSION TO EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN CITY OF FULLERTON AND ALLEN CHRISTOPHER CORPORATION DBA PARKWEST GENERAL CONTRACTORS AND WESTPARK INVESTMENTS, LLC ON PROPERTY LOCATED AT CORNER OF EAST SANTA FE AVENUE AND SOUTH POMONA AVENUE Recommendation: 1. Approve Third and Final ENA Amendment to extend the Total Negotiation Period up through and including the earlier of (A) the date upon which the parties enter into a binding Disposition and Development Agreement for the sale of the Subject Property to the Developer or (B) December 31, 2022. 2. Authorize Acting City Manager to execute corresponding Third and Final Amendment to ENA by and between City of Fullerton and Allen Christopher Corporation, DBA Parkwest General Contractors and Westpark Investments, LLC. 8. PACIFIC DRIVE PARK IMPROVEMENTS (Continued from July 20, 2021) Recommendation: 1. Approve Pacific Drive Park Improvements Project plans and specifications as recommended by the Parks and Recreation Commission at their January 13, 2020 meeting. 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 designee, to approve a purchase 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 the approved project budget. PUBLIC HEARINGS (Item 9) 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. 9. NEW AND REVISED USER FEES FOR DEVELOPMENT RELATED SERVICES (Continued from July 20, 2021) Consideration of increased user fees for services related to development charged by the Planning and Building Divisions to move toward full cost recovery of services provided. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE CITY’S SCHEDULE OF FEES AND CHARGES FOR MUNICIPAL SERVICES FOR FISCAL YEAR 2021-22 AND Fullerton City Council | Successor Agency Agenda August 3, 2021 - Page 6  REPEALING THAT PORTION OF RESOLUTION NO. 2021-36 PERTAINING TO COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT ZONING AND PLANNING FEES RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE CITY’S SCHEDULE OF FEES AND CHARGES FOR MUNICIPAL SERVICES FOR FISCAL YEAR 2021-22 AND REPEALING THAT PORTION OF RESOLUTION NO. 2021-36 PERTAINING TO COMMUNITY AND ECONOMIC DEVELOPMENT BUILDING PLAN AND PERMIT PROCESSING, REVIEW AND INSPECTION FEES REGULAR BUSINESS (Items 10 - 12) 10. POLICE TOWING SERVICES AGREEMENT WITH PACIFIC TOWING Consideration to extend police towing services franchise agreement with Pacific Towing Inc. following the six-month trial period. Recommendation: Provide direction regarding whether City Council wishes to extend the tow franchise agreement with Pacific Towing Inc. 11. PARAMETERS AND RELEASE OF REQUEST FOR PROPOSALS FOR UNION PACIFIC PARK - 121 WEST TRUSLOW AVENUE The City of Fullerton owns Union Pacific Park at 121 West Truslow Avenue and the adjoining trail from Harbor Boulevard to Independence Park. This item seeks City Council direction on Request for Proposals (RFP) parameters and authorization to release the RFP. Recommendation: 1. Provide direction on Request for Proposals parameters for potential lessee development of city-owned property at 121 West Truslow Avenue. 2. Authorize staff to release Request for Proposals once City Council direction incorporated into the RFP document. 12. DELEGATES AND ALTERNATES FOR CAL CITIES ANNUAL CONFERENCE Cal Cities (formerly the League of California Cities) requests that City Council designate a voting delegate and up to two alternates for the Cal Cities Annual Conference held September 22 through 24, 2021 in Sacramento, CA. Recommendation: Designate Council Members to serve as the City’s Delegate and Alternate Representatives at the Cal Cities 2021 Annual Conference. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, August 17, 2021 • BUDGET REVIEW STUDY SESSION • LEMON STREET BRIDGE MURAL Fullerton City Council | Successor Agency Agenda August 3, 2021 - Page 7 • SANITATION COST OF SERVICE PSA • JULY 2021 CHECK REGISTER • AWARD OF ENERGY PROJECT • TRANSPORTATION CENTER STAIR REPLACEMENT PROJECT • LAS PALMAS PUMP STATION (3B 4) UPGRADES PROJECT • STATE COLLEGE/RAYMOND GRADE SEPARATION CLOSEOUT AMENDMENT 9 • REDISTRICTING PRESENTATION AND DEMOGRAPHER SELECTION • FULLERTON MUNICIPAL CODE AMENDMENT RATES, RULES, REGULATIONS Tuesday, September 21, 2021 • PUBLIC WORKS FEE STUDY • FULLERTON MUNICIPAL CODE AMENDMENT FOR SPECIAL EVENTS • CITY STREET CONDITIONS NEEDS AND OPTIONS • LEGISLATIVE BODY MEETINGS VIDEO CONFERENCE OPTIONS 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 August 3, 2021 - Page 8