City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - OCTOBER 19, 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 19, 2021 - 4:30 P.M. 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, Ellis Chang, Laura Giannetti-Mercer and Jay Trinnaman Employee Organizations: Fullerton Firefighters’ Association, Fullerton Fire Management Association, Fullerton Management Association, Fullerton Municipal Employees Federation 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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 3535 Commonwealth Avenue, Fullerton, CA (APN: 030-040-15) Agency Negotiator: Acting City Manager Steve Danley Negotiating Parties: Dyer 18 LLC Under Negotiations: Price and Terms 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 19, 2021 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA OCTOBER 19, 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 PRESENTATIONS 1. PRESENTATION: SB 1383 Overview and Update 2. PRESENTATION: Republic Services Donation 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. 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. 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. 2. Ratify appointments. Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 3 2. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Recommendation: 1. Mayor Pro Tem Dunlap make the following direct appointment: a. Planning Commission - unexpired term ending December 31, 2024. 2. Council Member Silva make the following direct appointment: a. Transportation and Circulation Commission - unexpired term ending December 31, 2022. 3. Ratify appointments. 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. OCTOBER 5, 2021 MEETING MINUTES Recommendation: Approve October 5, 2021 City Council / Successor Agency Meeting Minutes. 2. SEPTEMBER 2021 CHECK REGISTER Recommendation: Receive and file. 3. TREASURER’S REPORT FOR QUARTER ENDED SEPTEMBER 30, 2021 Recommendation: Receive and file. 4. YORBA LINDA BOULEVARD / WEIR CANYON ROAD CORRIDOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT GRANT FUNDING Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CITY’S PARTICIPATION IN AN APPLICATION FOR FUNDS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE YORBA LINDA BOULEVARD / WEIR CANYON ROAD CORRIDOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM 5. EUCLID STREET CORRIDOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT GRANT FUNDING Recommendation: Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 4  Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CITY’S PARTICIPATION IN AN APPLICATION FOR FUNDS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE EUCLID STREET CORRIDOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM 6. ALERT OC MEMORANDUM OF UNDERSTANDING Recommendation: Authorize City Manager or Chief of Police to sign and administer updated Memorandum of Understanding between County of Orange and Participants for Use of Countywide Mass Notification System. 7. ACTING CITY MANAGER AGREEMENT EXTENSION Recommendation: Authorize Mayor to sign amendment extending the term of Acting City Manager Steve Danley’s agreement up to December 24, 2021. 8. STORM DRAIN LINING FISCAL YEAR 2020-21 PROJECT Recommendation: 1. Approve Storm Drain Lining FY 2020-21 Project plans and specifications. 2. Approve $120,000 transfer from Project 52591 Annual Storm Drain Repair to Project 52719 Storm Drain Lining FY 2020-21 Project (Fund 74). 3. Award $92,137 construction contract for Storm Drain Lining FY 2020-21 to Nor-Cal Pipeline Services, Inc. and authorize the City Manager, or designee, to execute the contract, in a form approved by the City Attorney. 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 (Items 9 - 10) 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. HIGHLAND AND VALENCIA MIXED-USE DEVELOPMENT PROJECT (CASA BELLA) LOCATED AT 415 SOUTH HIGHLAND AVENUE The Planning Commission recommends City Council approval of this project located at 415 South Highland Avenue, including demolition of the existing self-serve car wash facility and construction of a mixed-use development with 20 residential apartments including five percent (one unit) deed-restricted units for very-low-income and 1,152 square feet of ground floor commercial space. Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 5  Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, INCLUDING ANALYSIS OF THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT, PROJECT DESIGN FEATURES, STANDARD CONDITIONS, MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A PROPOSED MIXED-USE PROJECT WITH 20 RESIDENTIAL APARTMENTS INCLUDING FIVE PERCENT (ONE UNIT) DEED-RESTRICTED UNITS FOR VERY-LOW-INCOME WITH 1,152 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE ON A 0.56-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND VALENCIA DRIVE RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A MIXED-USE PROJECT WITH 20 RESIDENTIAL APARTMENTS INCLUDING FIVE PERCENT (ONE UNIT) DEED-RESTRICTED UNITS FOR VERY-LOW-INCOME WITH 1,152 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE ON A 0.56-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND VALENCIA DRIVE RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MINOR EXCEPTION ALLOWING SETBACK ENCROACHMENT ON THE VALENCIA DRIVE STREET SIDE OF THE BUILDING ON A 0.56-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND VALENCIA DRIVE RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A GENERAL PLAN REVISION TO CHANGE THE COMMUNITY DEVELOPMENT TYPE FROM COMMERCIAL TO NEIGHBORHOOD CENTER MIXED-USE ON A 0.56-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND VALENCIA DRIVE AND ADD “C-3 WHEN USED TO IMPLEMENT DWELLING UNITS AS PART OF A MIXED-USE DEVELOPMENT PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 15.30.040.E” AS A ZONING CLASSIFICATION CONSISTENT WITH THE NEIGHBORHOOD CENTER MIXED-USE COMMUNITY DEVELOPMENT TYPE 2. 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 A ZONING AMENDMENT TO CHANGE THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (G-C) TO CENTRAL BUSINESS DISTRICT COMMERCIAL (C-3) ON A 0.56-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF HIGHLAND AVENUE AND VALENCIA DRIVE 10. FREEWAY-ORIENTED ELECTRONIC BILLBOARD LOCATED AT 1210 BURTON STREET CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 6  The Planning Commission recommends City Council approval of this project, including a Conditional Use Permit and Development Agreement, for a freeway-oriented electronic billboard facing the 91 Freeway, located at 1210 Burton Street. 1. Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD LOCATED AT 1210 BURTON STREET ON PROPERTY ZONED C-M, COMMERCIAL INDUSTRIAL 2. 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 A DEVELOPMENT AGREEMENT FOR A FREEWAY-ORIENTED ELECTRONIC BILLBOARD TO PROVIDE THE PROJECT APPLICANT AND THE CITY OF FULLERTON CERTAIN ASSURANCES WITH RESPECT TO PROJECT APPROVALS AND OBLIGATIONS REGULAR BUSINESS (Items 11 - 13) 11. 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 options for City Council selection and formalize direction to initially obligate American Rescue Plan Act (ARPA) to budgeted government operations. Recommendation: 1. City Council choose one of the following 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 to 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. 12. 1600 WEST COMMONWEALTH AVENUE AFFORDABLE HOUSING DEVELOPER SELECTION AND EXCLUSIVE NEGOTIATION AGREEMENT City Council authorized a Request for Proposals for affordable housing development on City-owned property located at 1600 West Commonwealth Avenue on March 6, 2021. Staff requests City Council rank the five developer proposals received, select the highest rated proposal and authorize the Acting City Manager to negotiate and enter into an Exclusive Negotiation Agreement with the selected developer. Recommendation: 1. Each Council Member rank the five proposals from most to least desirable (five points for the most desirable to one point for the least desirable) and City Council select the Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 7  proposal with the most points. 2. Authorize Acting City Manager, or designee, to negotiate an Exclusive Negotiation Agreement with selected developer and authorize Acting City Manager to enter into and administer the negotiated Exclusive Negotiation Agreement with the selected developer. 3. If negotiations with the highest scoring developer are unsuccessful, authorize Acting City Manager, or designee, to negotiate with the next highest scoring developer and authorize Acting City Manager to enter into and administer the negotiated Exclusive Negotiation Agreement. 13. ENERGY EFFICIENCY PROJECT FINANCING Request for City Council authorization to grant the City Manager or Director of Administrative Services authority to select a lender for financing the energy efficiency projects approved by City Council on September 21, 2021; negotiate financing terms and execute, deliver, implement and carry out the terms of the executed Financing Agreements. Recommendation: 1. Adopt Resolution No. 2021-XX. RESOLUTION NO 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE SELECTION OF A LENDER; AUTHORIZING THE PREPARATION, NEGOTIATION, EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE AGREEMENT TO FINANCE CERTAIN ENERGY EFFICIENCY EQUIPMENT AND IMPROVEMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH 2. Authorize necessary appropriation and budget adjustments for debt service payments and project costs. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, November 2, 2021 • HUNT LIBRARY RENOVATIONS • • UPDATE ON PLANNING AND IMPLEMENTATION SB 1383 EFFORTS • HUD HOMELESS GRANT • CLASSIFICATION PLAN UPDATE • LEASE AGREEMENTS FOR MAPLE NEIGHBORHOOD CENTER • FULLERTON GRADE SEPARATION PROJECTS AMENDMENT NO. 9 • SANITATION COST OF SERVICE PSA • AWARD OF CONSULTANTS • KIMBERLY - ACACIA TO STATE COLLEGE WATER MAIN REPLACEMENT • ORANGETHORPE - ACACIA TO STATE COLLEGE WATER MAIN REPLACEMENT Tuesday, November 16, 2021 • MALDEN / ASH NEIGHBORHOOD TRAFFIC SAFETY ENHANCEMENTS • 4010 WEST COMMONWEALTH – 20 MINUTE LOADING / UNLOADING • ROLLING HILLS DRIVE – STRIPING AND ON STREET PARKING • M2 EXPENDITURE REPORT • PUBLIC WORKS FEE STUDY Fullerton City Council | Successor Agency Agenda October 19, 2021 - Page 8 • CFD NO. 3 – ELECTION AND ORDINANCE LEVYING SPECIAL TAXES • FMC AMENDMENT RELATING TO SPECIAL EVENTS 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 19, 2021 - Page 9