City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - MAY 5, 2020 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. Jennifer Fitzgerald Jan Flory Jesus Silva Mayor (At-Large) Mayor Pro Tem (At-Large) Council Member (District 3) Bruce Whitaker Ahmad Zahra Council Member (At-Large) Council Member (District 5)  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY CLOSED SESSION AGENDA MAY 5, 2020 - 5:00 P.M. Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA CALL TO ORDER ROLL CALL PUBLIC COMMENTS 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lillian J. Aylesworth v. City of Fullerton Case Number: Case Number: OCSC 30-2018-01026195 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Estate of Noah Weatherly v. City of Fullerton, et al. Case Number: Case Number: OCSC 30-2018-01037224 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: City of Fullerton v. Friends of Fullerton’s Future, Joshua Ferguson and David Curlee Case Number: OCSC 30-2019-01107063 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA vs City of Fullerton, et al. Case Number: OCSC Case No: 30-2017-00952643 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 May 5, 2020 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA MAY 5, 2020- 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 (Items 1 - 3) 1. PROCLAMATION: Public Works Week 2. PROCLAMATION: Drinking Water Week 3. PROCLAMATION: Municipal Clerk’s Week - May 3 - 9, 2020 PUBLIC COMMENTS 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 . 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 (Items 1 - 10) 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. APRIL 21, 2020 MEETING MINUTES Recommendation: Fullerton City Council | Successor Agency Agenda May 5, 2020 - Page 3  Approve April 21, 2020 City Council / Successor Agency Meeting Minutes. 2. AUTHORIZED OFFICERS MANAGING INVESTMENT OF LOCAL AGENCY INVESTMENT FUND ACCOUNTS UPDATE Recommendation: Adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AUTHORIZED OFFICERS MANAGING INVESTMENT OF CITY OF FULLERTON MONIES IN THE STATE LOCAL AGENCY INVESTMENT FUND RESOLUTION NO. SA 2020-XX - A RESOLUTION OF THE FULLERTON SUCCESSOR AGENCY OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AUTHORIZED OFFICERS MANAGING INVESTMENT OF FULLERTON SUCCESSOR AGENCY MONIES IN THE STATE LOCAL AGENCY INVESTMENT FUND 3. EMERGENCY MANAGEMENT PERFORMANCE GRANT Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING OFFICIALS TO EXECUTE STATE AND FEDERAL DOCUMENTS TO OBTAIN FINANCIAL ASSISTANCE FOR EMERGENCY SERVICES AND REPEALING RESOLUTION NO. 2017-68 2. Direct City Manager, or designee, to execute Agreement to Transfer Funds for 2019 EMPG program, in a form approved by the City Attorney. 3. Accept $18,084 grant funds and appropriate revenue in Fiscal Year 2019-20 Grants Fund. 4. 2019 PROPOSITION 69 DNA FUNDS Recommendation: Accept 2019 Proposition 69 funds and increase Police Department General Fund allocations by $12,000. 5. MUNICIPAL ADVISORY SERVICES CONTRACT AWARD Recommendation: 1. Award contract to Urban Futures, Inc. (UFI) to provide municipal advisory, fiscal consultant and pension and Other Post-Employment Benefits (OPEB) consulting services. 2. Authorize City Manager, or designee, to execute agreement with UFI, in a form approved by the City Attorney. 3. Authorize $15,000 appropriation for pension and OPEB consulting services. Fullerton City Council | Successor Agency Agenda May 5, 2020 - Page 4 6. UTILITY BILLING SOFTWARE UPDATES NEEDED TO IMPLEMENT CITY POLICY ON DISCONTINUATION OF RESIDENTIAL WATER SERVICE PURSUANT TO SENATE BILL 998 Recommendation: Authorize $25,000 water fund appropriation for updates to utility billing software needed to implement recently adopted City Policy on Discontinuation of Residential Water Service. 7. ORANGE COUNTY TRANSPORTATION AUTHORITY COOPERATIVE AGREEMENT FOR ORANGETHORPE AVENUE / ESPERANZA ROAD CORRIDOR PROJECT REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM Recommendation: Authorize Public Works Director, or designee, to enter into Cooperative Agreement No . 174-46000 with Orange County Transportation Authority and execute any amendments and / or supplements, in a form approved by the City Attorney. 8. SOUTHERN CALIFORNIA EDISON EASEMENT FOR BENEFIT OF VERIZON WIRELESS IN ASSOCIATION WITH TELECOMMUNICATION SITE LEASE AGREEMENT (WHITE PARK - 1550 PARKS ROAD) Recommendation: Authorize Public Works Director, on behalf of City of Fullerton, to execute necessary documents to effectuate conveyance of requested easement. 9. SOUTHERN CALIFORNIA EDISON EASEMENT FOR BENEFIT OF VERIZON WIRELESS IN ASSOCIATION WITH TELECOMMUNICATION SITE LEASE AGREEMENT (COYOTE RESERVOIR - 2470 WEST PIONEER AVENUE) Recommendation: Authorize Public Works Director, on behalf of City of Fullerton, to execute necessary documents to effectuate conveyance of requested easement. 10. REAFFIRMATION OF DECLARATION OF LOCAL EMERGENCY DUE TO COVID-19 PANDEMIC Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REAFFIRMING RESOLUTION NO. 2020-33 WHICH RATIFIED THE CITY MANAGER’S DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY PUBLIC HEARINGS (Items 11 - 12) 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. 11. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO REGULATION Fullerton City Council | Successor Agency Agenda May 5, 2020 - Page 5  OF SHORT-TERM RENTALS Proposed amendments to Fullerton Municipal Code Titles 4 and 15 in order to regulate short-term rental uses in residential zones or applicable Specific Plans. Recommendation: 1. Make finding that project is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15061(B)(3). 2. Introduce Ordinance No. 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 AMENDMENTS TO THE FULLERTON MUNICIPAL CODE TITLES 4 AND 15 TO REGULATE SHORT-TERM RENTAL USES CITYWIDE 12. TEMPORARY DEFERRAL OF COLLECTION OF SPECIFIED DEVELOPMENT IMPACT FEES FOR CERTAIN DEVELOPMENTS Consideration of ordinance to temporarily defer collection of specified Development Impact Fees from building permit issuance until issuance of Temporary Certificate of Occupancy or Final Certificate of Occupancy. Recommendation: Introduce Ordinance No. 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, TO ALLOW DEVELOPERS TO TEMPORARILY DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES FROM AT PERMIT ISSUANCE TO PRIOR TO CERTIFICATE OF OCCUPANCY REGULAR BUSINESS (Items 13 - 15) 13. REPLACEMENT OF PLAYGROUND STRUCTURES AT HILLCREST PARK AND FULLERTON SPORTS COMPLEX Recommendation: Appropriate and approve $300,000 budget transfer from Park Dwelling Fund to Park Facilities Replacement Project #54490. 14. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO POLICE INITIATED TOW OPERATIONS Consideration of amendments to Chapter 3.74 of Title 3 of the Fullerton Municipal Code relating to police initiated tow operations. Recommendation: Introduce Ordinance No. 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, AMENDING CHAPTER 3.74 OF THE FULLERTON Fullerton City Council | Successor Agency Agenda May 5, 2020 - Page 6  MUNICIPAL CODE RELATING TO POLICE INITIATED TOW OPERATIONS 15. FINANCIAL BUDGET REVIEW REPORT FOR FISCAL YEAR 2020-21 PROPOSED OPERATING BUDGET A Financial Budget Review Report for Fiscal Year 2020-21 to provide a review of FY 2020-21 Proposed Operating Budget and opportunity for comments, input and direction from City Council, including discussion of measures to prepare for budget impacts due to COVID-19. Recommendation: 1. City Council provide input and direction to Staff regarding FY 2020-21 Proposed Operating Budget. 2. Receive and file Financial Budget Review report for FY 2020-21 Proposed Operating Budget. ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, May 19, 2020 • RAYMOND AVENUE GRADE SEPARATION PROJECT – BNSF AGREEMENT SUPPLEMENT • LAS PALMAS PUMP STATION (3B 4) UPGRADES PROJECT AWARD • CATCH BASIN CONNECTOR PIPE SCREEN INSTALLATION PROJECT • FIREWORKS FEE RESOLUTION • LOCAL HAZARD MITIGATION PLAN • FIVE YEAR CONSOLIDATED PLAN INCLUDING 2020 ONE YEAR ACTION PLAN • FULLERTON POLICE DEPARTMENT TOW REQUEST FOR PROPOSAL • AGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR DUI RESTITUTION PROCESSING • SPEED HUMP POLICY • APRIL 2020 CHECK REGISTER • MUNICIPAL ADVISORY SERVICES • STREET VENDING ORDINANCE Tuesday, June 2, 2020 • CODE ENFORCEMENT POLICY AND PROCEDURES • CONSULTANT AWARD OF CONTRACT FOR TRAFFIC ENGINEERING SERVICES • SB 743 THRESHOLD • PROJECT 44042 JACARANDA DRAKE AREA STREET SEWER IMPROVEMENTS • CALL NOVEMBER 2020 ELECTION 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 May 5, 2020 - Page 7