1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section (b). Number of cases: Oneicipated Litigation

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1 CITY OF FULLERTON PUBLIC FINANCING AUTHORITY SPECIAL CLOSED SESSION AGENDA NOVEMBER 16, 2010, 5:00 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL PUBLIC COMMENTS - Public comments will be allowed on matters appearing on the closed session agenda. RECESS to Closed Session CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Per Government Code Section (b). Number of cases: Oneicipated Litigation Existing Litigation ADJOURNMENT - The next regular City Council/Redevelopment Agency/Public Financing Authority meeting will be held on November 16, 2010, at 6:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Public Financing Authority Agenda November 16, 2010, Page 1

2 CITY OF FULLERTON CITY COUNCIL/REDEVELOPMENT AGENCY/ PUBLIC FINANCING AUTHORITY REGULAR MEETING AGENDA NOVEMBER 16, 2010, 6:30 P.M. Council Chamber 303 West Commonwealth Avenue Fullerton, California CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE Acacia School Girl Scout Troop 631 CLOSED SESSION REPORT PRESENTATIONS 1. Certificate of Recognition President s Award of Excellence Milton A. Gordon, California State University of Fullerton 2. Orange County Human Relations Annual Report Rusty Kennedy, Executive Director with Orange County Human Relations PUBLIC COMMENTS - Public comments will be allowed on matters not appearing on the agenda, but within Council/Redevelopment Agency/Public Financing Authority's jurisdiction. APPOINTMENTS - None CONSENT CALENDAR (Items 1 through 11) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of voting on the motion unless members of the November 16, 2010, Page 1

3 Council, staff, or public request specific items be discussed and/or removed from the Consent Calendar for separate action. 1. MINUTES NOVEMBER 2, 2010 Recommendation by the Office of the City Clerk: Approve the November 2, 2010 City Council/Redevelopment Agency/Public Financing Authority Minutes. 2. CONTRACT RENEWALS FOR GROUP INSURANCE PROGRAMS Recommendation by the Human Resources Department: 1. Accept the renewal proposals of Blue Cross, CaliforniaCare, and Kaiser for medical insurance for Accept the proposals of Delta Dental of California for dental insurance for 2011 in place of the current dental plan provided by Blue Cross. 3. Accept the renewal proposals of The Standard Insurance Company for Life/AD&D coverage for Long-Term Disability insurance for Accept the renewal proposal of Vision Services Plan for vision coverage for Accept the renewal proposal of CIGNA to provide an employee assistance program for Authorize the City Manager to execute renewal agreements as required as well as the proposed Delta Dental of California agreement. 3. WATER RATE STUDY Recommendation by the Engineering Department: Authorize the Director of Engineering to execute an agreement with Municipal and Financial Services Group for the preparation of a Water Rate Study in the amount of $67,500 in a form approved by the City Attorney. November 16, 2010, Page 2

4 4. VALENCIA MESA DRIVE NO STOPPING ANYTIME Recommendation by the Engineering Department: 1. Adopt Resolution No designating the north side of Valencia Mesa Drive from the centerline of Harbor Boulevard to 288-feet west of said centerline, as a place where vehicles are prohibited from stopping anytime. 2. Repeal that portion of Resolution No dated August 1, 1961, pertaining to 2-hour parking, in conflict with said resolution. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DESIGNATING THE NORTH SIDE OF VALENCIA MESA DRIVE FROM THE CENTERLINE OF HARBOR BOULEVARD TO 288-FEET WEST OF SAID CENTERLINE, AS A PLACE WHERE VEHICLES ARE PROHIBITED FROM STOPPING AT ANYTIME. 5. ADOPT ORDINANCE NOS. 3152, 3153, 3154, 3155, 3156, 3157, 3158, AND 3161, ADOPTING CALIFORNIA BUILDING AND FIRE CODES Recommendation by the Office of the City Clerk: Adopt the following Ordinance Nos. 3152, 3153, 3154, 3155, 3156, 3157, 3158, and 3161: ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE AND ITS AMENDMENTS AS THE FULLERTON BUILDING CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AND ITS AMENDMENTS AS THE FULLERTON RESIDENTIAL CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE AS THE FULLERTON ELECTRICAL CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA November 16, 2010, Page 3

5 UNIFORM PLUMBING CODE WITH STATE OF CALIFORNIA 2010 AMENDMENTS AS THE FULLERTON PLUMBING CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE AS THE FULLERTON MECHANICAL CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA ENERGY CODE AS THE FULLERTON ENERGY CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE AND ITS AMENDMENTS AS THE FULLERTON GREEN BUILDING CODE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING CHAPTER OF THE FULLERTON MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE WITH LOCAL AMENDMENTS, AND INCORPORATING BY REFERENCE THE 2009 INTERNATIONAL FIRE CODE WITH CALIFORNIA AMENDMENTS, AS CODIFIED WITHIN PART 9, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS 6. APPOINTMENT TO THE ORANGE COUNTY-CITY HAZARDOUS MATERIALS EMERGENCY RESPONSE AUTHORITY (OCCHMERA) BOARD OF DIRECTORS VOTING MEMBER AND ALTERNATE Recommendation by the Fire Department: Appoint Division Chief/Fire Marshal Julie Kunze as a voting member and Division Chief/Operations Tom Schultz as an alternate voting member to the OCCHMERA Board of Directors. 7. CLEARWIRE LEGACY, LLC (CW) TELECOMMUNICATION SITE LEASE AGREEMENT LOCATION: UPPER ACACIA RESERVOIR 2011 N. ACACIA Recommendation by the Engineering Department: 1. Authorize staff to enter into a lease agreement with CW for the construction, operation, and maintenance of wireless/cellular facilities located at 2011 N. Acacia Avenue, subject to final plan approval. November 16, 2010, Page 4

6 2. Authorize the City Manager to execute a lease agreement in a form approved by the City Attorney. 8. CASA BLANCA DRIVE-NO STOPPING Recommendation by the Engineering Department: Adopt Resolution No designating the west side of Casa Blanca Drive from Fern Drive to Barris Drive, as a place where vehicles are prohibited from stopping between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, non-school days exempt. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DESIGNATING THE WEST SIDE OF CASA BLANCA DRIVE FROM FERN DRIVE TO BARRIS DRIVE, AS A PLACE WHERE VEHICLES ARE PROHIBITED FROM STOPPING BETWEEN THE HOURS OF 7:30 A.M. AND 3:30 P.M., MONDAY THROUGH FRIDAY, NON-SCHOOL DAYS EXEMPT 9. FULLERTON MUSEUM CENTER ASSOCIATION OPERATION AGREEMENT WITH THE CITY COUNCIL Recommendation by the Parks and Recreation Department: Approve Amendment #1 to the Operations Agreement between the City Council and the Fullerton Museum Center Association. 10. ACQUISITION OF REAL PROPERTY AT 336 W. VALENCIA DRIVE (RICHMAN/ VALENCIA/WEST NEIGHBORHOOD) Recommendation by the Redevelopment and Economic Development Department: 1. Approve acquisition of the Site; 2. Authorize a budget transfer in the amount of $458,000 from the Agency s Low and Moderate Income Housing Fund to the Valencia/West Neighborhood Property Acquisition project (CIP Project No ) to pay costs associated with property acquisition and reasonable closing costs; and 3. Authorize the Executive Director to execute the purchase agreement and take all actions reasonably necessary to complete the transaction. 11. REALLOCATION OF PROCEEDS FROM 2005 TAX ALLOCATION REVENUE BONDS November 16, 2010, Page 5

7 Recommendation by the Administrative Services Department: A. Authorize the following cash transfers from proceeds of the 2005 Tax Allocation Revenue Bonds: 1. Reimburse the Redevelopment Agency in the amount of $9,500, for bond interest paid in years 2005 through 2008; 2. Reimburse the City for $700,000 in Sewer and Drainage funds spent on the Lion s Field project; and 3. Reimburse the City for $4,320,000 in costs incurred on the Maintenance Services Parking addition project with transfers of $1,140,000 to the Water Fund, $1,490,000 to the Sanitation Fund and $1,690,000 to the Sewer Fund. B. It is further recommended that the City Council authorize the following budget transfers from proceeds of the 2005 Tax Allocation Revenue Bonds: 1. Replace $980,000 in appropriated Park Dwelling funds budgeted for the Lemon Park Improvements project with bond proceeds; 2. Appropriate $9.5 million in bond proceeds to the Fox Theatre Block Parking Expansion project; 3. Appropriate $3.6 million in bond proceeds to the Hillcrest Park rehabilitation project; 4. Reduce the $2,909,200 appropriation of bond proceeds to the State College grade separation; and 5. Appropriate $3,653,114 in bond proceeds to the Fullerton Community Center project to replace $1,777,011 in Park Dwelling funds and $1,876,103 in Capital Projects funds. PUBLIC HEARINGS (Item 12) Pursuant to California Government Code Section 65009, if you challenge the decision of the City Council/Redevelopment Agency/Public Financing Authority 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. 12. PROPOSED PARKING FINES INCREASE The California State Legislature has enacted Senate Bill 857 which levies an additional $3 penalty per parking citation issued by the City, in order to address funding shortages of the trial court system. The City is required to collect this penalty on behalf of the State. The California Department of Motor Vehicles does not accept nor collect amounts that are not whole numbers; and because all but two of the City s current parking penalties are in amounts that end in $0.50, the City is not receiving November 16, 2010, Page 6

8 $0.50 from every citation collected by the Department of Motor Vehicles, and thus is losing revenue. Recommendation by the Police Department: Adopt Resolution No raising the parking violation fines by $3.00 and amend all current parking penalties to reflect whole numbers. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING THE CITY S FEE SCHEDULE AS TO PENALTIES FOR PARKING VIOLATIONS REGULAR BUSINESS (Items 13 through 15) 13. UNIVERSITY HEIGHTS DEVELOPMENT PROJECT (PRJ ) As part of the University Heights project, California State University Housing Authority was authorized to pay various development fees at the close of escrow for each home sold. Due to the ongoing negative housing environment and related economic crisis, the properties are now being leased. As the payment was conditioned upon sale of the property, the Housing Authority and staff established a revised plan for payment of the fees. This agenda letter proposes a payment structure for these fees, and the resolution of an additional development condition related to potential traffic impacts. Recommendation by the Community Development and Parks and Recreation Departments: Approve the proposed plan for California State University Housing Authority s development fee payments and the payment to meet the conditions for the related traffic engineering study. 14. FULLERTON MUNICIPAL GOLF COURSE AGREEMENT This item is a request to restructure the agreement with American Golf Corporation for the management and operation of the Fullerton Municipal Golf Course in order to comply with the requirements of the Recovery Zone Economic Development Bond (RZED Bond) approved at the November 2, 2010 City Council/Redevelopment Agency meeting. Proceeds from the RZED Bond will be used to fund irrigation improvements at the golf course. November 16, 2010, Page 7

9 Recommendation by the Parks and Recreation Department: Authorize the City Manager to sign and enter into a management agreement with American Golf Corporation for the management and operation of the Fullerton Municipal Golf Course in a form approved by the City Attorney. 15. DOWNTOWN PLAZA EVENT INCENTIVE PROGRAM The purpose of this item is to authorize the drafting of a Downtown Plaza Event Incentive Program (EIP). The Downtown Plaza EIP would replace the Agency s suspended Downtown Event Funding Program. Recommendation by the Parks and Recreation Department and Redevelopment and Economic Development Department: 1. Authorize staff to begin drafting a Downtown Plaza EIP. 2. Direct staff to finalize the Downtown Plaza EIP for City Council and Agency consideration in Spring COUNCIL/REDEVELOPMENT AGENCY/STAFF COMMUNICATIONS (Council may ask a question for clarification, make a brief announcement, make a brief report on his/her own activities, request staff to report back at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.) AGENDA FORECAST DECEMBER 7, 2010 Declare Election Results Oath of Office Mayor/Mayor Pro Tem Rotation Cancel January 4, 2011 Council Meeting DECEMBER 21, 2010 Ordinance Temporary Appointment - Vacant Council Seat Presentation Progress Report by OCTA on SR 57 Widening Contract Award Water Main Replacement 10/11 Amend Public Nuisances Ordinance Closed Session Existing Litigation Hansen Outdoor Dining and Public Right of Way Encroachments Revenue/Fee Recap November 16, 2010, Page 8

10 Measure M2 - Traffic Signal Coordination RDA 09/10 Annual Report RDA Planning/Admin Expenses Are Necessary for Preservation of Low/Moderate Income Housing Ford Park Cell Towers Public Hearing St. Jude Specific Plan Amendment 30 Minute Parking Williamson Euclid to Woods Contract Award - Tennis Center Pavilion Renovations OCTA MOU Brookhurst Signal Coordination Award Contract Puente Street Bicycle Path Public Hearing FTC Cost Recovery Fee ADJOURNMENT - The next City Council/Redevelopment Agency closed session meeting will be held on December 7, 2010, at 5:00 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California; and the next regular City Council/ Redevelopment Agency/Public Financing Authority meeting will be held on December 7, 2010, at 6:30 p.m., in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. A tape of today s Council/Redevelopment Agency/Public Financing Authority meeting will be rebroadcast on Time Warner Cable Channel 3 at 6:00 p.m. the Wednesday and Sunday immediately following the meeting. November 16, 2010, Page 9