City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - NOVEMBER 2, 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 NOVEMBER 2, 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: 500, 510 and 512 Harbor Boulevard, Fullerton, California (APNs 009-032-20 and 009-032-21) Agency Negotiator: Acting City Manager Steve Danley Negotiating Parties: Dripp, Inc. and Fullerton Historic Theater Foundation Under Negotiations: Terms 2. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro and Jay Trinnaman Employee Organizations: Fullerton Firefighters’ Association, Fullerton Fire Management Association, Fullerton Municipal Employees Federation Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 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 November 2, 2021 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA NOVEMBER 2, 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- None 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 - None CONSENT CALENDAR 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 19, 2021 MEETING MINUTES Recommendation: Approve October 19, 2021 City Council / Successor Agency Meeting Minutes. 2. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 3  Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY 3. HIGHLAND AND VALENCIA MIXED-USE DEVELOPMENT PROJECT (CASA BELLA) LOCATED AT 415 SOUTH HIGHLAND AVENUE - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3304. ORDINANCE NO. 3304 - 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 4. FREEWAY-ORIENTED ELECTRONIC BILLBOARD LOCATED AT 1210 BURTON STREET DEVELOPMENT AGREEMENT - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3305. ORDINANCE NO. 3305 - 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 5. CLASSIFICATION PLAN UPDATE RELATED TO ADMINISTRATIVE AIDE / CITY COUNCIL POSITION Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING AND DELETING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING APPENDIX A OF RESOLUTION NO. 2020-17 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) 6. FULLERTON COMMUNITY CENTER GYMNASIUM AND FULLERTON TENNIS CENTER PROPOSED FEE CHANGES Recommendation: Adopt Resolution No. 2021-XX. Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 4  RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MODIFYING CERTAIN FEES FOR FISCAL YEAR 2021-22 7. 2021 BULLETPROOF VEST PARTNERSHIP GRANT FUNDS Recommendation: Accept 2021 Bulletproof Vest Partnership Grant funds and increase Police Department Fund 32 allocations by $3,910.54. 8. HOME INVESTMENT PARTNERSHIPS - AMERICAN RESCUE PLAN FUNDING Recommendation: Accept the U.S. Department of Housing and Urban Development HOME Investment Partnerships - American Rescue Plan Act of 2021 allocation and appropriate receipt of funds. 9. LAGUNA LAKE CAPITAL IMPROVEMENT PROJECT BUDGET APPROPRIATION REQUEST Recommendation: Appropriate $77,735.30 in Project 54043 Laguna Lake ADA Improvements Project (Project 54043) and authorize necessary budget and accounting transfers and adjustments. 10. STORMWATER COST OF SERVICE / SANITATION CHARGE FEE REVIEW - CONSULTANT CONTRACT AWARD Recommendation: 1. Approve agreement with SCI Consulting Group for Stormwater Cost of Service (Sanitation Charge) Review. 2. Appropriate $204,321 in the Sanitation Fund (Fund 23). 3. Authorize Acting City Manager, or designee, to execute the agreement and any necessary related documents, including amendments, subject City Attorney review. 11. KIMBERLY AVENUE - ACACIA AVENUE TO STATE COLLEGE BOULEVARD WATER MAIN REPLACEMENT Recommendation: 1. Approve plans and specifications for the Kimberly Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project. 2. Approve $1,175,000 appropriation from Project 53250 Water Main System Replacement to Project 53038 Kimberly Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project (Fund 44). 3. Award $956,500 construction contract for the Kimberly Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project to Big Ben, Inc. and authorize Acting City Manager, or designee, to execute the contract in a form approved by the City Attorney. Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 5  4. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget. 5. Authorize Public Works Director, or designee, to terminate the construction contract and/or the project as determined in the best interest of the City. Direct staff to provide update to City Council if termination is required. 12. AGREEMENT WITH GLC FULLERTON LLC FOR INDUSTRIAL LOGISTICS CENTER AT 2001 EAST ORANGETHORPE AVENUE (GOODMAN LOGISTICS CENTER FULLERTON) TO MODIFY DEVELOPER’S CATEGORY OF PUBLIC BENEFITS ASSOCIATED WITH THE PROJECT Recommendation: 1. Direct City Attorney to develop an agreement with GLC Fullerton LLC that does not reduce the public benefit amounts associated with the Goodman Logistics Center Project located at 2001 East Orangethorpe Avenue but modifies the specific category of benefit. 2. Authorize Acting City Manager to execute the agreement and administer the agreement, in the form developed and approved by the City Attorney. 13. HUNT LIBRARY ROOF REPLACEMENT PROJECT Recommendation: 1. Approve plans and specifications for the Hunt Library Roof Replacement Project. 2. Award $443,874 construction contract for the Hunt Library Roof Replacement Project to Vincor Construction, Inc., in a form approved by the City Attorney. 3. Authorize Public Works Director to approve any future change orders for construction, within the approved project budget. 14. ORANGETHORPE AVENUE - ACACIA AVENUE TO STATE COLLEGE BOULEVARD WATER MAIN REPLACEMENT Recommendation: 1. Approve plans and specifications for the Orangethorpe Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project. 2. Approve appropriation in Project 53037 Orangethorpe Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project in the following amounts: · Transfer $1,710,000 Water Funds from Project 53250 Water Main System Replacement to Project 53037 Orangethorpe Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project (Fund 44). · Transfer $60,000 Drainage Capital Outlay Funds from Project 52591 Annual Storm Drain Repair to Project 53037 Orangethorpe Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project (Fund 74). 3. Award $1,413,450 construction contract for the Orangethorpe Avenue - Acacia Avenue to State College Boulevard Water Main Replacement Project to Bonadiman Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 6  Water, Inc. and authorize the Acting City Manager, or designee, to execute the contract, in a form approved by the City Attorney. 4. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget. 5. Authorize Public Works Director, or designee, to terminate the construction contract and/or the project as determined in the best interest of the City. Staff to provide update to City Council if termination is required. PUBLIC HEARINGS 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. 15. THE HUB STUDENT-ORIENTED HOUSING DEVELOPMENT PROJECT LOCATED AT 2601, 2701 AND 2751 EAST CHAPMAN AVENUE The Planning Commission recommends City Council approve this project, including the demolition of the existing office buildings and the construction of a student -oriented residential housing project. Staff presents the Project as well as an Alternative Project for City Council consideration 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 THE HUB FULLERTON STUDENT-ORIENTED HOUSING PROJECT ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUE RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A STUDENT-ORIENTED HOUSING PROJECT WITH 12,438 SQ. FT. OF GROUND FLOOR COMMERCIAL SPACE ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES AND INCLUDING A. OPTION 1 (PROJECT) - 420 UNITS (1,251 BEDS) WITH 338 TOTAL RESIDENTIAL SPACES AND 38 RETAIL SPACES OR B. OPTION 2 (ALTERNATIVE PROJECT) - 377 UNITS (1,108 BEDS) WITH A 548 TOTAL RESIDENTIAL SPACES RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TPM Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 7  2020-173 TO CREATE ONE LOT UNDER COMMON OWNERSHIP ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES 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 OFFICE TO HIGH DENSITY RESIDENTIAL ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES 2. Introduce the following Ordinances for first reading by title only and waive further reading of the ordinances: 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 OFFICE PROFESSIONAL (O-P) TO SPECIFIC PLAN DISTRICT (SPD) ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE HUB SPECIFIC PLAN TO IMPLEMENT THE LAND USE REGULATIONS ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES AND INCLUDING A. OPTION 1 (PROJECT, DRAFT SEPTEMBER 2021) - WITH A RESIDENT AND GUEST PARKING RATE OF 0.77 PER UNIT OR B. OPTION 2 (ALTERNATIVE PROJECT, DRAFT OCTOBER 2021) - WITH A RESIDENT AND GUEST PARKING RATE OF 1.4 PER UNIT REGULAR BUSINESS 16. CFD NO. 1 (AMERIGE HEIGHTS) - ISSUANCE AND SALE OF SPECIAL TAX REFUNDING BONDS AND RELATED DOCUMENTS AND ACTIONS Consideration of issuance and sale of Special Tax Refunding Bonds to refinance outstanding 2012 Bonds for Community Facilities District No. 1 (Amerige Heights). Recommendation: Adopt Resolution No. 2021-XX. RESOLUTION NO. 2021-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF SPECIAL TAX REFUNDING BONDS AND APPROVING RELATED DOCUMENTS AND ACTIONS 17. PLANNING AND IMPLEMENTATION EFFORTS RELATED TO SENATE BILL 1383, SHORT-LIVED CLIMATE POLLUTANTS An update on planning efforts to prepare for implementation of Senate Bill 1383 (organics recycling) regulations, phase-in of enforcement protocols over the next two years and further actions taken for public outreach and community education efforts. Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 8  Recommendation: City Council provide feedback on specific staff recommendations for compliance options related to SB 1383. 18. UNION PACIFIC PARK RIGHT OF WAY PARCELS AND TRAIL Discussion of disposition of the unimproved parcels of the Union Pacific Right of Way Trail. Recommendation: City Council discuss and provide direction on whether it would like to explore additional options for the development of the Union Pacific Park Right of Way parcels. 19. CITY-OWNED BUILDING SPACE NEEDS ASSESSMENT At the request of Council Member Jung, consider authorizing staff to prepare and release a Request for Proposal to engage a consultant to perform an assessment of and provide recommendations for the efficient and effective use of space in City buildings. Recommendation: Direct staff to prepare and release a Request for Proposal for an assessment of and provide recommendations for the efficient and effective use of space in City buildings. 20. FISCAL YEAR 2021-2022 BUDGET ADJUSTMENTS AND INITIAL ARPA DESIGNATION This agenda item is a continuation of previous City Council efforts to select a budget adjustment scenario for the current FY 2021-22 General Fund budget and to formalize direction to initially obligate American Rescue Plan Act (ARPA) monies as revenue replacement for budgeted government operations. Recommendation: 1. Adopt Package A including designation of a budget adjustment scenario. Package A: A1. Choose one of the budget adjustment directives included in the Agenda Report. A2. Affirm consensus rank order of Strategic Priorities. A3. Authorize City Manager to develop and recommend specific budget adjustments pursuant to City Council direction and rank order of Strategic Priorities and return to City Council for approval. A4. 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. OR 2. Adopt Package B If City Council is unable to reach majority consensus on a budget adjustment option, to formally obligate the use of initial ARPA monies. Package B: Fullerton City Council | Successor Agency Agenda November 2, 2021 - Page 9  B1 Approve initial use of ARPA monies as revenue replacement for budgeted government operations thereby allowing for the maintenance of at least a minimum 10% Contingency Reserve level at fiscal year-end for the next five fiscal years. B2. Direct staff to return to City Council within thirty days for to allocate a portion (up to $8 million) of the remaining ARPA funds for non-budgeted projects / programs. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, November 16, 2021 • GROUP INSURANCE • M2 ELIGIBILITY FY 2021-22 AMENDMENT TO CIP • 2023 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (FTIP) • MALDEN AVENUE / ASH AVENUE NEIGHBORHOOD TRAFFIC SAFETY ENHANCEMENTS • 4010 WEST COMMONWEALTH AVENUE – 20 MINUTE LOADING / UNLOADING • ROLLING HILLS DRIVE – STRIPING AND ON STREET PARKING ADJUSTMENTS • RAILROAD GRADE SEPARATION PROJECTS AMENDMENT NO. 9 • AWARD OF CONSULTANTS • CFD NO. 3 PUBLIC HEARING • LEASE AGREEMENTS FOR MAPLE NEIGHBORHOOD CENTER • NON REGULAR • OCTOBER 2021 CHECK REGISTER Tuesday, December 7, 2021 • DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT • M2 EXPENDITURE REPORT • CFD NO. 3 PUBLIC HEARING FOR PROJECT • CITY COUNCIL REORGANIZATION • ROPS 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 November 2, 2021 - Page 10