City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - OCTOBER 5, 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 OCTOBER 5, 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: 1600 West Commonwealth Avenue, Fullerton, CA (APN: 30-290- 22) Agency Negotiator: Acting City Manager Steve Danley Negotiating Parties: C&C Development, Jamboree Housing Corporation, Meta Housing Corporation, National CORE, Related Companies Under Negotiations: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Michael Destiche v. City of Fullerton Case Number: O.C.S.C. 30-2019-01044575 3. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro, Steve Danley Employee Organizations: Fullerton Fire Management Association, Fullerton Firefighters’ Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 4. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title City Manager Recruitment Fullerton City Council | Successor Agency Agenda October 5, 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 October 5, 2021 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA OCTOBER 5, 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. PROCLAMATION: Domestic Violence Awareness Month 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. REDISTRICTING ADVISORY COMMISSION APPOINTMENTS Recommendation: 1. Make the following direct appointments: a. Each Council Member make one direct appointment to the Redistricting Advisory Commission. 2. Ratify appointments. 2. UP PARK AD-HOC COMMITTEE APPOINTMENTS Recommendation: 1. Make the following direct appointments: a. Each Council Member make one direct appointment to the UP Park Ad-Hoc Committee. Fullerton City Council | Successor Agency Agenda October 5, 2021 - Page 4  2. Ratify appointments. CONSENT CALENDAR (Items 1 - 9) 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. The Mayor will call for requests to pull Consent Calendar items before City Council votes on the balance of the Consent Calendar. 1. SEPTEMBER 21, 2021 MEETING MINUTES Recommendation: Approve September 21, 2021 City Council / Successor Agency Meeting Minutes. 2. OUTDOOR EQUITY GRANTS PROGRAM APPLICATION Recommendation: 1. Adopt Resolution No. 2021-XX. RESOLUTION NO 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS 2. Authorize City Manager to execute all grant-related documents. 3. Accept and appropriate Outdoor Equity Grants Program funds as awarded. 3. 2021-22 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT Recommendation: 1. Accept grant award. 2. Authorize Chief of Police to execute $280,000 2021-22 Office of Traffic Safety “Selective Traffic Enforcement Program” (STEP) agreement. 3. Appropriate receipt and use of the grant award. 4. CLASSIFICATION PLAN UPDATE - ASSOCIATE ENGINEER - TRAFFIC Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2020-17 APPENDIX A (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) 5. PUBLIC WORKS EMERGENCY PURCHASES FY 2020-21 AND FIRST QUARTER FY 2021-22 Recommendation: Receive and file report. 6. LEGAL SERVICES AGREEMENTS WITH LIEBERT CASSIDY WHITMORE AND Fullerton City Council | Successor Agency Agenda October 5, 2021 - Page 5  ACUMEN LAW, LLP Recommendation: Authorize Acting City Manager, or designee, to execute and administer agreements with Liebert Cassidy Whitmore and Acumen Law, LLP, in a form approved by the City Attorney. 7. FIRE PLAN CHECK AND INSPECTION SERVICES EXTENSION WITH CSG CONSULTANTS, INC. Recommendation: Authorize City Manager, or designee, to increase the current not -to-exceed purchase order with CSG Consultants, Inc. from $100,000 to $200,000 to extend inspection services through Fiscal Year 2021-22. 8. 800MHZ EMERGENCY COMMUNICATIONS SYSTEM JOINT AGREEMENT Recommendation: Approve Joint Agreement for 800MHZ Emergency Communications System with Orange County and authorize City Manager to execute the Agreement. 9. AUTOMATIC AID AGREEMENT WITH PLACENTIA CANCELLATION (Continued from September 21, 2021 meeting) 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. PUBLIC HEARINGS - None REGULAR BUSINESS 10. FISCAL YEAR 2021-2022 BUDGET ADJUSTMENTS AND INITIAL ARPA DESIGNATION At the direction of City Council, present Fiscal Year 2021-22 General Fund budget adjustment action items and formalize direction to initially obligate American Rescue Plan Act (ARPA) to budgeted government operations. Recommendation: 1. City Council choose one of the budget adjustment directives included in the Agenda Report. 2. Affirm consensus rank order of Strategic Priorities. 3. Authorize City Manager to pursue specific budget adjustments pursuant to City Council direction and rank order of Strategic Priorities. 4. Direct City Manager agendize an item to receive City Council direction on the use of remaining ARPA monies not obligated for Revenue Replacement within allowable US Treasury categories for the October 19, 2021 City Council meeting. Fullerton City Council | Successor Agency Agenda October 5, 2021 - Page 6 11. REMOTE LEGISLATIVE BODY MEETINGS Consideration to allow continued remote legislative body meeting access, including remote legislative body member participation under the rules of Assembly Bill 361. Recommendation: 1. If allowing remote legislative body member participation, adopt Resolution No. 2021 -XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY 2. Provide direction whether to continue remote access for public comments, staff and consultants and/or broadcast purposes. 12. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) Sunrise Village Owner, LLC (the “Applicant”) owns a 12.52-acre commercial retail property located on the southwest corner of Euclid Street and Rosecrans Avenue. The Applicant proposes redeveloping the property into a 164-dwelling unit residential community called The Pines at Sunrise Village and has petitioned the City to form a Community Facilities District in accordance with the Mello-Roos Community Facilities Act of 1982. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2021-XX - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO ESTABLISH COMMUNITY FACILITIES DISTRICT - CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2021-XX - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS - CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 13. ENTERPRISE RESOURCE PLANNING CONSULTING SERVICES Consideration of Professional Services Agreement with KOA Hills Consulting Services, LLC (KOA Hills) to support cashiering, utility billing and general billing software applications implementation to Tyler Technologies Software as a Service, as well as support interfacing Tyler Technologies with the general ledger within Central Square ’s Finance Enterprise system. Recommendation: 1. Approve $482,275 Professional Services Agreement with KOA and authorize City Manager, or designee, to execute and administer the agreement, in a form approved by the City Attorney. Fullerton City Council | Successor Agency Agenda October 5, 2021 - Page 7  2. Approve additional $96,455 Enterprise Resource Planning software implementation contingency, which equals 20 percent of total proposed cost. 3. Authorize necessary Fiscal Year 2021-22 budget transfers and appropriations for Year 1 costs from the following funds: $83,916 Water Fund, $43,405 Sewer Fund, $43,405 Sanitation Fund, $43,405 Refuse Fund and $8,681 Airport Fund. 4. Authorize Director of Administrative Services to issue change orders within budget. 14. CLOSED-CIRCUIT TELEVISION NETWORK AND SECURITY INTEGRATION Staff requests City Council approval to award a Professional Services Agreement with Wachter, Inc. for critical closed-circuit television (CCTV) network upgrades and appropriate Fiscal Year 2021-22 General Fund balance for the CCTV network upgrades. Recommendation: 1. Approve $1,467,334.23 Professional Services Agreement with Wachter, Inc. effective October 5, 2021 and authorize City Manager, or designee, to execute and administer the agreement, in a form approved by the City Attorney. 2. Authorize Fiscal Year 2021-22 appropriation and budget adjustments from the General Fund to the Information Technology Fund. 3. Authorize City Manager, or designee, to approve purchase or change orders for the CCTV network upgrades within the approved project budget. 15. MIDDLE INCOME / WORKFORCE HOUSING REQUEST FOR THE ASPECT APARTMENT PROJECT Council Member Zahra, supported by Council Member Silva, requested that City Council consider a Middle Income / Workforce Housing project for those who earn between 80% to 120% of the Area Median Income. A development group and the California Statewide Communities Development Authority present a project for Aspect Apartments located at 251 Orangefair Avenue for consideration. Recommendation: City Council consider the Aspect Middle Income / Workforce Housing project and direct staff to either: 1. Not authorize the proposed request. 2. Authorize the request and: A. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CSCDA COMMUNITY IMPROVEMENT AUTHORITY, AND THE FORM OF A PUBLIC BENEFIT AGREEMENT, AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION OR IMPROVEMENT OF THE ASPECT PROJECT B. Direct City Manager to enter into Public Benefit Agreements with the Agency which Fullerton City Council | Successor Agency Agenda October 5, 2021 - Page 8  may result in the City receiving surplus revenue from future sale of the Project. C. Direct City Manager to execute related documents and take any additional actions required to implement the Middle-Income Housing Program. D. Determe that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project" pursuant to Section 15378(b)(5) of the State CEQA Guidelines. Or 3. Continue this agenda item if City Council requires additional information before making a determination. 16. PUBLIC RECORDS REQUEST PROCESS (Continued from September 21, 2021 meeting) 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. ITEMS REMOVED FROM CONSENT CALENDAR 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 at this time. Speakers will have three minutes to make their remarks. Those wishing to speak on items 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. AGENDA FORECAST (Tentative) Tuesday, October 19, 2021 • HUNT LIBRARY RENOVATIONS • AWARD OF CONSULTANTS • SEPTEMBER 2021 CHECK REGISTER • ALERT OC MEMORANDUM OF UNDERSTANDING UPDATE • STATE COLLEGE/RAYMOND GRADE SEPARATION PROJECT CLOSEOUT • SANITATION COST OF SERVICE PSA Tuesday, November 2, 2021 • PUBLIC WORKS FEE STUDY 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 October 5, 2021 - Page 9