City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - AUGUST 17, 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 17, 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 REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 1144 Rosecrans Avenue, 1715 / 1723 Euclid Street and 1701 / 1751 / 1801-1900 Euclid Street (Assessor Parcel Numbers 287- 241-01, -04 and -06) Agency Negotiator: Acting City Manager Steve Danley Negotiating Parties: Sunrise Village Owners, LLC Under Negotiations: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case ADJOURN CLOSED SESSION AND RECONVENE STUDY SESSION Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY STUDY SESSION AGENDA AUGUST 17, 2021 - 4:45 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA PUBLIC COMMENT - Study Session STUDY SESSION 1. POTENTIAL ADJUSTMENTS TO FISCAL YEAR 2021-22 GENERAL FUND BUDGET At the direction of City Council, conduct a study session to discuss the impact of potential budget reduction scenarios, the use of ARPA monies and any potential changes to the FY 2021-22 budget. Recommendation: Consider information presented during the Study Session and return at a future City Council meeting to make choices regarding any potential changes to the FY 2021-22 budget. 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 17, 2021 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA AUGUST 17, 2021, 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. CERTIFICATE: 2021 Fullerton Hills Softball 10U Silver All Stars 2. PROCLAMATION: Muslim American Awareness and Appreciation Month 3. PRESENTATION: Fire Personnel Distinguished Service Awards 4. PRESENTATION: CSCDA - Workforce Housing Program 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 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Recommendation: Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 4  1. Make the following at-large appointments: a. One Active Transportation Committee at-large appointment to fill term ending December 31, 2025. b. One Infrastructure and Natural Resources Committee at-large appointment to fill term ending December 31, 2024. 2. Ratify appointments. CONSENT CALENDAR (Items 1 - 13) 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. AUGUST 3, 2021 MEETING MINUTES Recommendation: Approve August 3, 2021 City Council / Successor Agency Meeting Minutes. 2. JULY 2021 CHECK REGISTER Recommendation: Receive and file. 3. CITY REPRESENTATION - INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY GOVERNING BOARD AND REPEALING RESOLUTION NO. 2021-07 4. CHIEF OF POLICE EMPLOYMENT AGREEMENT Recommendation: Approve agreement and authorize Mayor to execute the Amended and Restated Employment Agreement between City of Fullerton and Chief of Police Robert Dunn II. 5. MUTUAL AID AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF FULLERTON Recommendation: 1. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING CAL OES FORM 130, DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NONSTATE AGENCIES Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 5  2. Approve and authorize City Manager, or designee, to execute Mutual Aid Memorandum of Agreement for the COVID-19 Vaccination Effort with the County of Orange, pertaining to mutual aid assistance provided under the Orange County Operational Area Agreement. 3. Authorize adjustment of revenue and expense budgets in the City ’s operating budget to match the mutual aid expenditures invoiced through the County to anticipated revenues. 6. 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 (Continued from August 3, 2021) 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. 7. EARLY MORNING PARKING RESTRICTION - 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 8. EARLY MORNING PARKING RESTRICTION - 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 9. COMMUNITY MEETING(S) REGARDING UNION PACIFIC PARK - 121 WEST TRUSLOW AVENUE Recommendation: Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 6  Direct Staff as necessary to conduct community meeting(s) for the future use of Union Pacific Park. 10. FULLERTON POOCH PARK RELOCATION Recommendation: 1. Approve relocating the Fullerton Pooch Park to Brea Dam Park. 2. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN APPLICATION FOR THE RELOCATION OF THE FULLERTON POOCH PARK FOR PER CAPITA GRANT FUNDS 3. Appropriate receipt and use of Per Capita Grant Program Allocations. 11. LEMON STREET BRIDGE MURALS RESTORATION Recommendation: 1. Approve restoration of two murals on the Lemon Street Bridge, “The Town I Live In” and “Brown Car”. 2. Approve contract with Andrew Stirdivant for restoration of the two murals contingent upon receipt of sufficient donations. 3. Direct staff to work on restoration of the remaining Lemon Street Murals contingent upon availability of sufficient grant funds or donations from the community. 12. TRANSPORTATION CENTER STAIR REPLACEMENT PROJECT COOPERATIVE AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY Recommendation: 1. Authorize Mayor to execute Amendment No. 1 of Cooperative Agreement C-0-2266 with OCTA for additional construction activities , in a form approved by the City Attorney. 2. Authorize Mayor to execute Cooperative Agreement C-1-3618 with OCTA for maintenance activities , in a form approved by the City Attorney. 13. LAS PALMAS PUMP STATION (3B-4) UPGRADES PROJECT Recommendation: 1. Approve Las Palmas Pump Station (3B-4) Upgrades Project plans and specifications. 2. Approve $908,962 transfer from Project 53600 Water Production Equipment Upgrade and Rehabilitation to Project 53019 Las Palmas Pump Station (3B-4) Upgrades Project within the Water Fund (Fund 44). 3. Award construction contract for the Las Palmas Pump Station (3B-4) Upgrades Project to Canyon Springs Enterprises and authorize acting City Manager, or designee, to execute the agreement, in a form approved by the City Attorney. 4. Authorize Public Works Director, or designee, to execute $49,875 change order with Psomas for construction support and surveying services. Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 7  5. Authorize Public Works Director, or designee, to execute $93,480 purchase order with JIG Consultants for inspection services. 6. Authorize Public Works Director to approve any future change orders for construction, inspection and professional engineering construction support services within the approved project budget. PUBLIC HEARINGS (Items 14 - 15) 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. 14. WATER BILL DISPUTE - 1138 WEST HOUSTON AVENUE A request for City Council review and direction regarding a water bill dispute for 1138 West Houston Avenue, Fullerton, CA. Recommendation: Uphold Infrastructure and Natural Resources Advisory Committee decision or provide direction for a water bill dispute for 1138 West Houston Avenue. 15. WATER BILL DISPUTE - 1901 NORTH EUCLID STREET A request for City Council review and direction regarding a water bill dispute for 1901 North Euclid Street, Fullerton, CA. Recommendation: Uphold Infrastructure and Natural Resources Advisory Committee decision or provide direction for a water bill dispute for 1901 North Euclid Street. Avenue. REGULAR BUSINESS (Items 16 - 20) 16. EXCLUSIVE NEGOTIATION AGREEMENT FOR DEVELOPMENT OF AFFORDABLE HOUSING AT 1600 WEST COMMONWEALTH AVENUE WITH NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA Consideration of an Exclusive Negotiation Agreement with National Community Renaissance of California (National CORE) for development of 59 affordable housing units at 1600 West Commonwealth Avenue (APN: 030-290-22). Recommendation: Authorize City Manager to enter into an Exclusive Negotiation Agreement with National Community Renaissance of California. 17. FULLERTON MUNICIPAL CODE 12.04 AMENDMENTS - WATER RATES, RULES AND REGULATIONS A request for City Council approval to amend Fullerton Municipal Code Chapter 12.04 Water Regulations and Water Rates, Rules and Regulations applicable to the Water Utility. Recommendation: Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 8  1. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance. ORDINANCE XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO REVISE MUNICIPAL CODE CHAPTER 12.04, “WATER REGULATIONS” 2. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING THE CITY’S POLICIES RELATING TO THE PROVISION OF WATER SERVICE 18. ART IN PUBLIC PLACES PROGRAM Council Member Zahra requested, supported by Council Member Silva, to place this item on the agenda to provide information regarding the concept of establishing an Art in Public Places Program (AIPP). Recommendation: Provide direction to staff regarding the potential formation and implementation of an AIPP for Fullerton. Should City Council desire to explore the formation of such a program, staff would return at a later date with a draft program framework including recommendations on the scope of the program and applicability to development projects, fees and oversight. 19. COMMUNITY FACILITIES DISTRICT NO. 1 (AMERIGE HEIGHTS) 2012 SPECIAL TAX REFUNDING BONDS - REFUNDING OPPORTUNITY The City can refund the City of Fullerton Community Facilities District (CFD) No. 1 (Amerige Heights) 2012 Special Tax Refunding Bonds (2012 Bonds) for savings as a taxable advanced refunding. Staff requests City Council direction regarding how to utilize realized savings. Recommendation: Provide direction regarding utilization of refunding savings: • Option 1: Refund that reduces special taxes for property owners in the district. • Option 2: Refund and issue new money bonds with no net special tax increase to property owners in the district to use to complete capital road projects outlined in the agenda report that benefit the district. • Option 3: Refund for annual savings over the remaining life of the debt to complete capital and maintenance projects outlined in the agenda report that benefit the district. • Other option determined by City Council. 20. REDISTRICT FULLERTON - FULLERTON VOTING DISTRICTS 2020 REDISTRICTING PROCESS This item introduces the Fullerton Voting Districts 2020 Redistricting (“Redistrict Fullerton”) process and requests direction on whether to utilize City Council or a redistricting commission to draw new district maps. Recommendation: Fullerton City Council | Successor Agency Agenda August 17, 2021 - Page 9  Provide direction whether City Council or a Council-appointed redistricting commission will hold the redistricting hearings and draw maps. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, September 7, 2021 • No Meeting Tuesday, September 21, 2021 • FAA ARPA AND AIRPORT CORONAVIRUS RELIEF PROGRAM GRANT • PLACENTIA AUTO AID AGREEMENT • ENERGY PROJECT AWARD • STATE COLLEGE / RAYMOND GRADE SEPARATION CLOSEOUT AMENDMENT • SANITATION COST OF SERVICE PSA • PUBLIC WORKS FEE STUDY • CITY STREET CONDITIONS NEEDS AND OPTIONS • PUBLIC COMMENTS VIA VIDEO CONFERENCE DISCUSSION • FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO SPECIAL EVENTS • PUBLIC RECORDS ACT PRESENTATION AND GOVQA DEMO • NEIGHBORHOOD CENTERS LEASING AGREEMENTS ADJOURNMENT Adjourn to next regularly scheduled closed session meeting at 5:00 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 17, 2021 - Page 10