City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JUNE 20, 2023 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. Fred Jung Bruce Whitaker Nick Dunlap Mayor (District 1) Mayor Pro Tem (District 4) Council Member (District 2) Shana Charles Ahmad Zahra Council Member (District 3) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA JUNE 20, 2023 - 4:30 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 LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro, Jay Trinnaman Employee Organizations: Fullerton Municipal Employees Federation, Fullerton Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions ADJOURNMENT Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JUNE 20, 2023 - 5:30 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. CERTIFICATE: United States Police and Fire Championships Hall of Fame 2. PROCLAMATION: Parks Make Life Better Month ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT 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 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 their 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: 1. Interview Panel make recommendation for an unscheduled vacancy on the Investment Advisory Committee with term ending December 31, 2025. 2. City Council ratify appointment. Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 3 CONSENT CALENDAR (Items 1 - 14) City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action. 1. JUNE 6, 2023 MEETING MINUTES Recommendation: Approve June 6, 2023 City Council / Successor Agency Meeting Minutes. 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT Recommendation: Receive and file. 3. MAY 2023 CHECK REGISTER Recommendation: Receive and file. 4. DISPOSITION OF UNCLAIMED CHECKS FOR AMOUNTS $15.00 OR GREATER PURSUANT TO GOVERNMENT CODE SECTIONS 50050 - 50053 Recommendation: 1. Approve voiding unclaimed checks of fifteen dollars or greater that remain uncashed after three years from the date of issuance and remain unclaimed forty -five days following the Notice of Publication. 2. Authorize Administrative Services Director to transfer the resulting funds to the general fund or other funds as appropriate. 5. UNCOLLECTIBLE RECEIVABLES WRITE-OFF REPORT FISCAL YEAR 2022-23 Recommendation: Receive and file. 6. CLASSIFICATION PLAN UPDATE RELATING TO HOUSING MANAGER POSITION Recommendation: Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2022-031 APPENDIX A (FULLERTON MANAGEMENT ASSOCIATION) 7. GRANT APPLICATIONS FOR UNION PACIFIC PARK IMPROVEMENTS Recommendation: Ratify authorization to apply for the following State and Federal grants submitted for re-construction of Union Pacific Park. Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 4  · Clean California Local Grant Program: $2.26 million · Land and Water Conservation Fund Program: $1.15 million. 8. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM AWARD Recommendation: 1. Accept grant and approve the following budget transfers and appropriations: · $200,000 of 2022 Safe Streets and Roads for All (SS4A) Grant Program in Project No. 46038 Fullerton Safe Streets and Roads for All Action Plan (Fund 74) · $50,000 of Gas Tax Fund (30 Fund) as local share to Project No. 46038 Fullerton Safe Streets and Roads for All Action Plan (Fund 74). 2. Authorize City Manager, or designee, to enter into the Grant Agreement Under the Fiscal Year 2022 SS4A Grant Program with the Federal Highway Administration. 9. FISCAL YEAR 2023-24 MEASURE M2 FUNDING ELIGIBILITY RENEWAL Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN (LSSP) FOR THE MEASURE M (M2) PROGRAM 2. Approve and authorize staff to submit the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2023-24 through 2029-30 to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility criteria. 3. Authorize Public Works Director, or designee, to make administrative changes, including those advised by OCTA, if necessary. 10. PROFESSIONAL SERVICES AGREEMENT WITH PEREGRINE TECHNOLOGIES, INC. AND GLASS BOX TECHNOLOGY, INC. AMENDMENT NO. 5 FOR POLICE DEPARTMENT DATA ANALYSIS SOFTWARE Recommendation: 1. Approve Professional Services Agreement with Peregrine Technologies, Inc. and authorize City Manager, or designee, to execute and administer agreement and related documents, in a form approved by the City Attorney. 2. Approve Amendment No. 5 to Professional Services Agreement with Glass Box Technology, Inc. dated July 1, 2022 for services to integrate software with the Police Department network and selected database programs. 3. Authorize Administrative Services Director, or designee, to issue $150,000 purchase Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 5  order with Peregrine Technologies, Inc. for services and software. 11. CLEAN CALIFORNIA MAINTENANCE AGREEMENT Recommendation: 1. Authorize City Manager, or designee, to enter into and administer a Maintenance Agreement with the California Department of Transportation under the Clean California Program and authorize City Manager to execute any future amendments should additional reimbursable funding become available, in a form approved by the City Attorney. 2. Accept and appropriate receipt and use of $210,500 of Clean California Grant Program funds in the Landscape Maintenance Program (Program 2423) - General Fund (Fund 10) for the Clean California Maintenance project and authorize future budget adjustments should additional funding become available. 3. Authorize City Manager, or designee, to enter into a Maintenance Services Agreement with The Sayler Group Corporation and approve any future amendments and /or supplements within reimbursable project budget, in a form approved by the City Attorney. 12. ASSOCIATED ROAD STREET IMPROVEMENTS YORBA LINDA BOULEVARD TO BASTANCHURY ROAD Recommendation: 1. Approve plans and specifications for Project 44060 Associated Road Street Improvement Project. 2. Approve the following budget transfers and appropriations: · $409,362 Federal 2021 Pavement Management Relief Funds from Project 44400 Annual Arterial Street Program to Project 44060 Associated Road Street Improvement Project (Fund 74) · $330,200 American Rescue Plan Act Funds (Fund 38) from Project 44589 Annual Residential Street Program to Project 44060 Associated Road Street Improvement Project (Fund 74). 3. Approve and authorize City Manager, or designee, to execute and administer $688,695 construction contract with R.J. Noble Company for Project 44060 Associated Road Street Improvement Project, 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. 13. UNION AVENUE BRIDGE REPAIR Recommendation: 1. Approve plans and specifications for the Union Avenue Bridge Repair Project. 2. Approve $250,000 budget transfer and American Rescue Plan Act Funds (Fund 74) appropriation from Project 44589 Residential Street Program to Project 48007 Union Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 6  Avenue Bridge Repair Project (Fund 74). 3. Award $222,865 construction contract for the Union Avenue Bridge Repair project to Oak Hollow Restoration, Inc. and authorize City Manager, or designee, to execute and administer 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. 14. WATER MAIN REPLACEMENT - VARIOUS LOCATIONS PROJECT Recommendation: 1. Approve plans and specifications for Project 53026 Water Main Replacement - Various Locations Project. 2. Approve $3,092,000 budget transfer from Water Funds from Project 53250 Water Main System Replacement (Fund 74) to Project 53026 Water Main Replacement - Various Locations Project (Fund 44). 3. Award $2,831,970 construction contract for Water Main Replacement - Various Locations Project to Big Ben, Inc. and authorize City Manager, or designee, to execute and administer 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. PUBLIC HEARINGS (Item 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. 15. THE TRACKS AT FULLERTON STATION DEVELOPMENT The Tracks at Fullerton Station project proposes redeveloping 1.66-acres previously owned by the City, for a mixed-use development with residential units, hotel and restaurant space along with 375 parking spaces, including 165 spaces for public use, located at 200 - 214 East Santa Fe Avenue. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN TO ALLOW REDEVELOPMENT OF 1.66 ACRES (2 LOTS, ASSESSOR PARCEL NUMBER 033-030-18) WITH A NEW MIXED-USE, SIX-STORY, 206,000 SQUARE-FOOT BUILDING AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE CEQA GUIDELINES SECTION 15162 RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 7  AUTHORIZING ESTABLISHMENT OF A HOTEL WITH A 3,750 SQUARE-FOOT RESTAURANT LOCATED AT THE SOUTHEAST CORNER OF POMONA AVENUE AND SANTA FE AVENUE - APN 033-030-18 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE CEQA GUIDELINES SECTION 15162 RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP TPM 2023-128 TO CREATE A MIXED-USE RESIDENTIAL AND HOTEL DEVELOPMENT WITH A SUBDIVISION OF THE PROPERTY INTO THREE PARCELS, WITH TWO LOTS (1.66 ACRES) OWNED BY THE PROJECT APPLICANT TO CREATE THE DEVELOPMENT SITE, WHILE THE THIRD LOT WILL PRESERVE THE TRAIN STATION AND TRAIN PLATFORM AND APPROVE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE GUIDELINES SECTION 15162 REGULAR BUSINESS (Items 16 - 18) 16. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) FORMATION Sunrise Village Owner, LLC has petitioned the City to form a Mello-Roos Community Facilities District to secure bond financing in an amount not to exceed $ 9,500,000 secured by special taxes levied on residential parcels within the mixed -use site known as The Pines at Sunrise Village. Recommendation: Adopt the following resolutions: RESOLUTION NO. 2023-XXX - RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2023-XXX - RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) 17. CITYWIDE RETAIL MARKET STUDY The City retained Kosmont Companies in February 2023 to prepare a Citywide Retail Market Study for current and future retail needs. Staff requests City Council provide direction on the recommended menu of retail market action items developed from the Study. Recommendation: Provide direction to Community and Economic Development regarding implementation of the recommended action items outlined in the study. 18. PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AT 3535 WEST COMMONWEALTH AVENUE (APN 030-040-15) The City of Fullerton participates in various programs and initiatives to provide shelter solutions for the homeless population. The State of California provided $ 10,000,000 to the City to purchase property at 3535 West Commonwealth Avenue which operates as the Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 8  Fullerton Navigation Center including recuperative care and wrap-around services. Recommendation: 1. Adopt Resolution No. 2023-XXX. RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA AUTHORIZING A REAL ESTATE PURCHASE AGREEMENT BETWEEN DYER 18 LLC AND THE CITY OF FULLERTON FOR PURCHASE OF REAL PROPERTY LOCATED AT 3535 WEST COMMONWEALTH AVENUE FOR THE PURCHASE PRICE OF NINE MILLION FIVE HUNDRED AND EIGHTY THOUSAND DOLLARS 2. Authorize City Manager to execute Purchase and Sale Agreement and all required documents for acquisition of real property located at 3535 West Commonwealth Avenue (APN 030-040-15) in the amount of $9,580,000 plus closing costs and escrow fees, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Authorize appropriation to purchase subject property. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, July 4, 2023 • MEETING CANCELLED Tuesday, July 18, 2023 • NOISE ORDINANCE • HOUSING LOAN APPEAL • JUNE 2023 CHECK REGISTER • LIBRARY CONFERENCE ROOM TECHNOLOGY UPGRADES • MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT • POINTE COMMON AFFORDABLE HOUSING AND LAND DISPOSITION ADJOURNMENT Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda June 20, 2023 - Page 9