City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - SEPTEMBER 21, 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 SEPTEMBER 21, 2021 - 5:00 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: Fullerton Museum Center, 301 North Pomona Avenue, Fullerton CA (APN: 033-012-18) Agency Negotiator: Steve Danley, Acting City Manager Negotiating Parties: Fullerton Museum Center Association 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 3. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Jay Trinnaman, Eddie Manfro and Laura Giannetti-Mercer Employee Organization/s: Fullerton Municipal Employees Federation, Fullerton Management Association, Fullerton Firefighter Association, Fullerton Fire Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 2  Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case ADJOURN CLOSED SESSION Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA SEPTEMBER 21, 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: Fire Personnel Distinguished Service Awards 2. PROCLAMATION: Library Card Sign-Up Month 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 - None PUBLIC HEARINGS (Item 1) 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 September 21, 2021 - Page 4 1. ENERGY SERVICES AGREEMENT FOR INFRASTRUCTURE MODERNIZATION AT VARIOUS CITY OWNED FACILITIES AND PROPERTIES Public hearing to consider agreement with NORESCO, LLC, to implement $8,458,191 in energy efficiency projects recommended by the Public Works Department and Infrastructure and Natural Resource Advisory Committee with annual energy / operational cost savings used to fund the cost of the projects. Recommendation: 1. Adopt Resolution 2021-XX. RESOLUTION 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN ENERGY SERVICES AGREEMENT WITH NORESCO, LLC FOR THE DESIGN AND CONSTRUCTION OF ENERGY EFFICIENCY IMPROVEMENTS 2. Authorize Mayor to execute and City Manager, or designee, to administer an Energy Services Agreement with NORESCO, LLC for infrastructure modernization at various City owned facilities and properties, in a form approved by the City Attorney. 3. Authorize Director of Administrative Services to obtain project financing for approved energy savings projects. 5. Authorize Director of Public Works to approve any future change orders or purchase orders for construction and professional services within the approved project budget. REGULAR BUSINESS (Items 2 - 19) 2. REDISTRICT FULLERTON - REDISTRICTING ADVISORY COMMISSION FORMATION City Council opted to utilize a Redistricting Advisory Commission to assist with the mandatory 2021 post-census redistricting (“Redistrict Fullerton”) process at its August 17, 2021 meeting. This item would formally establish the Advisory Commission and provides a tentative timeline for the Redistrict Fullerton process. Recommendation: 1. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A REDISTRICTING ADVISORY COMMISSION AND APPROVING ITS BYLAWS 2. Approve redistricting process timeline and Redistricting Advisory Commission meeting schedule. or 3. Provide other direction to staff. 3. OUTDOOR DINING PROGRAM POTENTIAL EXTENSION Request City Council review and direction regarding continuation of the City ’s Outdoor Dining program. Recommendation: Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 5  City Council provide direction on three decision points related to potentially extending the City’s Outdoor Dining Program on public and private property. 4. FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR WEST COYOTE HILLS NEIGHBORHOODS 1 AND 3 City Council approved an agreement to purchase 24.1 acres (Neighborhoods 1 and 3) located in West Coyote Hills from Chevron / Pacific Coast Homes on December 17, 2019. State and private grants will entirely fund the purchase. This item involves minor changes to the existing agreement including a small reduction in the total purchase price. Recommendation: Authorize Acting City Manager to execute the Fourth amendment to the Purchase and Sale agreement with Pacific Coast Homes for the acquisition of 24.1 acres of open space on the east side of West Coyote Hills, known as Neighborhood 1 and Neighborhood 3, in a form approved by the City Attorney, reflecting non-substantial changes as recommended by State granting entities. 5. FISCAL YEAR 2020-21 DESIGNATION OF CONTINGENCY RESERVES ABOVE TEN PERCENT MINIMUM Staff seeks City Council direction on designating any available unassigned General Fund balance above the ten percent minimum contingency reserve level as additional contingency reserve. This effectively assigns all available fund balance for FY 2020-21 as contingency reserve, increasing contingency reserves above the minimum required 10% level. Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA APPROVING THE DESIGNATION OF AVAILABLE UNASSIGNED GENERAL FUND BALANCE ABOVE THE TEN PERCENT MINIMUM CONTINGENCY RESERVE LEVEL AS ASSIGNED CONTINGENCY RESERVES FOR FISCAL YEAR 2020-21 6. GOODMAN DEVELOPMENT AGREEMENT FUNDS ALLOCATION The Fullerton Fire Department has received $750,000 as part of the Goodman Development Agreement which the department will apply towards purchase of a new quint fire truck to replace the current fire engine at Fullerton Fire Station 3. Recommendation: Appropriate receipt and use of $750,000 in the Vehicle Replacement Fund and approve necessary accounting and budget adjustments. 7. VOID UNCLAIMED CHECKS UNDER $15 PURSUANT TO GOVERNMENT CODE SECTION 50055 Government Code Section 50055 permits the City, with City Council approval, to transfer any unclaimed checks older than one year with unknown depositors or less than $ 15 to the general fund or other City funds without public notice. Recommendation: Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 6  1. Approve voiding checks less than fifteen dollars left unclaimed and uncashed after more than one year. 2. Authorize Administrative Services Director to transfer resulting funds to the general fund or other funds as appropriate. 8. AUGUST 2021 CHECK REGISTER Recommendation: Receive and file. 9. FISCAL YEAR 2021-22 ASSET SEIZURE FUNDS Request to appropriate Asset Seizure funds received from federal and state agencies in Fiscal Year 2021-22. Asset Seizure allocations are restricted for law enforcement purposes to supplement and enhance, not supplant, appropriated recipient agency resources. Recommendation: Appropriate receipt and use of Asset Seizure funds received in Fiscal Year 2021-22 and authorize necessary budget adjustments. 10. AUTOMATIC AID AGREEMENT WITH PLACENTIA CANCELLATION Request cancellation of June 16, 2020 Automatic Aid Agreement with the City of Placentia and the subsequent negotiation of a Mutual Aid Agreement between the City of Fullerton and City of Placentia for the provision of certain fire services. Recommendation: 1. Cancel Automatic Aid Agreement and MOU between the City of Fullerton and the City of Placentia pursuant to the 60-day termination clause. 2. Authorize City Manager and Fullerton Fire Chief to negotiate a Mutual Aid Agreement between the City of Fullerton and the City of Placentia. 11. CURB / GUTTER AND SIDEWALK RECONSTRUCTION PROJECT FISCAL YEAR 2020-21 Award $355,980 construction contract to Martinez Concrete Inc. for the Curb / Gutter and Sidewalk Reconstruction Project FY 2020-21. Recommendation: 1. Approve plans and specifications for Curb / Gutter and Sidewalk Reconstruction Project FY 2020-21. 2. Award $355,980 construction contract to Martinez Concrete Inc for the Curb / Gutter and Sidewalk Reconstruction Project FY 2020-21, in a form approved by the City Attorney. 3. Appropriate receipt and use of SiFi Networks funds for cost differential between base bid costs and final bid alternative costs. 4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 7  budget. 12. FEDERAL AVIATION ADMINISTRATION AMERICAN RESCUE PLAN ACT AND AIRPORT CORONAVIRUS RELIEF PROGRAM GRANT Accept and appropriate estimated $116,162 airport grant funds from the Coronavirus Response and Relief Supplemental Appropriation Act of 2020 and American Rescue Plan Act of 2021. Recommendation: 1. Accept $59,000 Federal Aviation Administration (FAA) American Rescue Plan Act - Airport Rescue Grant Program (ARGP) funds and authorize Public Works Director , or designee, to sign all documents related to the grant. 2. Accept anticipated $57,162 FAA Coronavirus Response and Relief Supplemental Appropriation Act - Airport Coronavirus Response Grant Program (ACRGP) funds and authorize Public Works Director , or designee, to sign all documents related to the grant. 3. Appropriate receipt and use of anticipated $59,000 Airport Rescue Grant Program funds and $57,162 Airport Coronavirus Response Grant Program funds to the Airport Enterprise Fund. 13. CAL CITIES ANNUAL CONFERENCE RESOLUTIONS City Council may provide direction to the City’s Cal Cities Annual Conference voting delegate regarding proposed conference resolutions and bylaws amendments for consideration at the Annual Business meeting. Recommendation: Provide direction to the City’s Voting Delegate to represent City Council’s position(s) at the 2021 Cal Cities Annual Conference on the following: 1. Proposed resolution regarding online sales tax equity. 2. Proposed resolution regarding securing railroad property maintenance. 3. Proposed bylaws amendments. 14. ORANGE COUNTY VETERANS CEMETERY IN ANAHEIM HILLS Request for formal support of the Orange County Veterans Cemetery in Anaheim Hills and encourage federal, state and local governments to support this project. The draft resolution would add Fullerton to the list of supporters for this veterans cemetery. Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DECLARING SUPPORT OF THE ORANGE COUNTY VETERANS CEMETERY IN ANAHEIM HILLS 15. AUGUST 17, 2021 AND SEPTEMBER 14, 2021 MEETING MINUTES Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 8  Approval of minutes from the previous City Council meetings. Recommendation: Approve August 17, 2021 City Council / Successor Agency Meeting and September 14, 2021 City Council / Successor Agency Special Meeting Minutes. 16. FULLERTON MUNICIPAL CODE 12.04 AMENDMENTS - WATER RATES, RULES AND REGULATIONS - SECOND READING OF ORDINANCE City Council introduced the first reading of an ordinance to amend Fullerton Municipal Code Chapter 12.04 Water Regulations at the August 17, 2021 City Council meeting. City Council may adopt the ordinance following the second reading. Recommendation: Adopt Ordinance No. 3303. ORDINANCE 3303 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO REVISE MUNICIPAL CODE CHAPTER 12.04, “WATER REGULATIONS” 17. PUBLIC RECORDS REQUEST PROCESS Council Member Zahra requested, supported by Council Member Silva, that Council Members discuss the City’s public records request process. Recommendation: Provide direction to staff. 18. CLASSIFICATION PLAN UPDATE TO CREATE INTERIM EXECUTIVE POSITION, SALARY SCHEDULE ASSIGNMENT AND INTERIM EXECUTIVE EMPLOYMENT AGREEMENT Proposed amendment to the City of Fullerton personnel classification plan to establish an Interim Executive classification and assign classification to an existing salary schedule for executive employees as well as request to ratify employment agreement with Jeff Collier to serve as Interim Executive in the capacity of Interim Deputy City Manager and Interim Director of Parks and Recreation. Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING A CERTAIN CLASS SPECIFICATION TO THE PERSONNEL CLASSIFICATION PLAN RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR EXECUTIVE EMPLOYEES AND SUPERSEDING RESOLUTION NO. 2020-91 AND AMENDMENTS THERETO RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AGREEMENT RETAINING JEFF COLLIER AS AN INTERIM EXECUTIVE IN ACCORDANCE WITH GOVERNMENT CODES SECTIONS 7522.56 AND 21221(h) Fullerton City Council | Successor Agency Agenda September 21, 2021 - Page 9  2. Authorize Acting City Manager to execute the employment agreement with Jeff Collier, in a form approved by the City Attorney. 19. ALLIE BRIDGE ENERGY SOLUTIONS, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT Request City Council approval of amendment to Allie Bridge Energy Solutions, Inc . Professional Services Agreement for consultant services related to the Energy Services Performance (Investment Grade Audit) project. Recommendation: 1. Approve amendment revising the Allie Bridge Energy Solutions, Inc. Professional Services Agreement fee structure. 2. Authorize City Manager to execute amendment by and between the City of Fullerton and Allie Bridge Energy Solutions, Inc. ITEMS REMOVED FROM CONSENT CALENDAR - None AGENDA FORECAST (Tentative) Tuesday, October 5, 2021 • CFD NO. 3 RESOLUTIONS OF INTENTION • AWARD OF PUBLIC WORKS CONSULTANTS • BUDGET DISCUSSION • HUNT LIBRARY RENOVATIONS • LIEBERT CASSIDY WHITMORE AND ACUMEN LAW, LLP AGREEMENTS • CITY STREET CONDITIONS NEEDS AND OPTIONS • PUBLIC MEETINGS VIDEO CONFERENCE OPTIONS • SANITATION COST OF SERVICE PSA • ALERT OC MEMORANDUM OF UNDERSTANDING UPDATE • JOINT AGREEMENT FOR 800MHZ EMERGENCY COMMUNICATIONS SYSTEM • STATE COLLEGE/RAYMOND GRADE SEPARATION PROJECTS CLOSEOUT AMENDMENT 9 Tuesday, October 19, 2021 • PUBLIC WORKS FEE STUDY • SEPTEMBER 2021 CHECK REGISTER 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. 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