City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - JULY 21, 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 JULY 21, 2020 - 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 LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Kenneth Domer, Jay Trinnaman and Ellis Chang Employee Organization/s: Fullerton Firefighters’ Association; Fullerton Fire Management Association; Fullerton Management Association; Fullerton Municipal Employees Federation; Fullerton Police 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 6:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California. Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA JULY 21, 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 - 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. 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. COMMISSION / COMMITTEE / BOARD APPOINTMENTS Recommendation: 1. Council Member Whitaker make the following direct appointment: a. Transportation and Circulation Commission - unexpired term expiring December 31, 2020. 2. Ratify appointments. CONSENT CALENDAR (Items 1-11) Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 3 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. JULY 7, 2020 MEETING MINUTES Recommendation: Approve July 7, 2020 City Council / Successor Agency Meeting Minutes. 2. TREASURER’S REPORT FOR QUARTER ENDED JUNE 30, 2020 Recommendation: Receive and file Quarterly Report . 3. JUNE 2020 CHECK REGISTER Recommendation: Receive and file. 4. BALLOT MEASURE FOR TRANSACTION AND USE (LOCAL SALES) TAX MEASURE FOR PUBLIC CONSIDERATION AT THE NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION AND PREPARATION OF ASSOCIATED DOCUMENTS THERETO - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3285. ORDINANCE NO. 3285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ENACTING A TRANSACTIONS AND USE TAX (SALES TAX) TO BE ADMINISTERED BY THE DEPARTMENT OF TAX AND FEE ADMINISTRATION, SUBJECT TO ADOPTION BY THE ELECTORATE 5. POLICE CANINE RETIREMENT Recommendation: 1. Authorize retirement of Fullerton Police Canine Rotar. 2. Authorize transfer of ownership from City of Fullerton to handler Corporal Jonathan Ferrell with a $1 payment to Fullerton Police Canine Foundation. 6. WEST COYOTE HILLS - GRANT AWARD FOR PROPERTY ACQUISITION UPDATE Recommendation: Receive and file. 7. HILLCREST PARK KOREAN WAR MEMORIAL Recommendation: Approve proposed concept and direct Staff to proceed with memorial project completion. 8. APPROPRIATION OF DONATIONS AND GIFTS FOR FISCAL YEAR 2020-21 AND DONATIONS AND USE OF GIFTS REPORT FOR FISCAL YEAR 2019-20 Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 4  Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FUNDS AND USE OF GIFTS DONATED TO THE CITY FOR FISCAL YEAR 2020-21 FOR THE PURPOSES FOR WHICH THEY ARE INTENDED 2. Authorize City Manager, or his designee, to accept cash donations and gifts received in Fiscal Year 2020-21 for the City’s various public programs that are in keeping with community values. 9. OPERATING AGREEMENT BETWEEN CITY OF FULLERTON AND ILLUMINATION FOUNDATION FOR OPERATION OF RECUPERATIVE CARE AND NAVIGATION CENTER AT 3535 WEST COMMONWEALTH AVENUE Recommendation: 1. Approve and authorize the City Manager, or designee, to execute Operating Agreement between City of Fullerton and Illumination Foundation for Operation of a Recuperative Care and Navigation Center at 3535 West Commonwealth Avenue, in a form approved by the City Attorney. 2. Authorize $500,000 appropriation from Low and Moderate Income Housing Fund (Fund 26) in Fiscal Year 2019-20 with unused appropriation carried over into future fiscal years. 10. PEARL PARK IMPROVEMENTS Recommendation: 1. Approve plans and specifications for Pearl Park Improvements Project. 2. Award $598,500 construction contract to Land Forms Landscape Construction, Inc ., in a form approved by the City Attorney. 3. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within approved project budget. 11. ROLLING HILLS PARK IMPROVEMENTS Recommendation: 1. Approve plans and specifications for Rolling Hills Park Improvements Project. 2. Approve budget transfer and $977,165 appropriation of Park Dwelling Fund Balance to Project 54015 Rolling Hills Park Improvements. 3. Reject apparent low bidder, Klassic Engineering and Construction, Inc ., as non-responsive. 4. Award $1,315,942 construction contract between CS Legacy Construction, Inc. and City of Fullerton, in a form approved by the City Attorney. 5. Authorize Public Works Director to approve any future change orders for construction Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 5  and professional engineering construction support services within approved project budget. PUBLIC HEARINGS (Items 12-14) 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. 12. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO REGULATION OF SHORT-TERM RENTALS (CONTINUED FROM JUNE 16, 2020) - Hearing Starts at 7:30 p.m. Proposed amendments to Fullerton Municipal Code Titles 4 and 15 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. 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 13. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO PERMANENT COSMETICS Proposed amendments to Fullerton Municipal Code (FMC) Chapter 15.04 (Interpretation and Definitions) to specify permanent cosmetics as a land use more consistent with personal service (e.g. beauty salon) use rather than tattoo parlor. Recommendation: 1. Make finding that project is categorically 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 AN AMENDMENT TO THE FULLERTON MUNICIPAL CODE, CHAPTER 15.04 PERTAINING TO PERMANENT COSMETICS 14. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO THE REGULATION AND PERMITTING OF FREEWAY-ORIENTED ELECTRONIC BILLBOARDS Proposed amendments to Title 15 of the Fullerton Municipal Code, Chapter 15.49 (Sign Regulations and Standards) in order to permit regulated freeway -oriented electronic billboards. Recommendation: Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 6  1. Make a finding that the project is categorically 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 AN AMENDMENT TO THE FULLERTON MUNICIPAL CODE CHAPTER 15.49 PERTAINING TO THE REGULATION AND PERMITTING OF FREEWAY-ORIENTED ELECTRONIC BILLBOARDS REGULAR BUSINESS (Items 15-19) 15. 2020 PUBLIC SAFETY REPORT ON FIREWORKS AND BALLOT MEASURE CONSIDERATION - Item Considered at 8:30 p.m. Presentation of 2020 Public Safety Report on Fireworks, including complaints and enforcement, and accompanying ballot measure information. Recommendation: 1. Receive and file 2020 Public Safety Report on Fireworks and possibly utilize data to aide in decision to place a measure on the November 2020 ballot to repeal the sale of “Safe & Sane” Fireworks in the City of Fullerton. 2. Should City Council decide to place a measure on the November 2020 ballot to repeal the sale of “Safe & Sane” Fireworks in the City of Fullerton, City Council should adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA. ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A CERTAIN MEASURE RELATING TO CONSIDERATION OF ADOPTION OF A PROPOSED ORDINANCE AMENDING CHAPTER 7.26 OF THE FULLERTON MUNICIPAL CODE TO PROHIBIT THE SALE, POSSESSION AND USE OF FIREWORKS IN THE CITY OF FULLERTON AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 AS CALLED BY RESOLUTION NO. 2020-53 RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS 16. FULLERTON MUNICIPAL CODE AMENDMENT TO CHAPTER 8.75 REGULATING SIDEWALK VENDORS Approval of this item will update Fullerton Municipal Code to reflect current state law related to Sidewalk Vending. Recommendation: Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the Ordinance. Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 7  ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING CHAPTER 8.75 OF THE FULLERTON MUNICIPAL CODE REGULATING SIDEWALK VENDORS 17. MONTHLY LEGISLATIVE UPDATE A summary of recent legislative updates as provided by Townsend Public Affairs (TPA). These updates include the most recent State and Federal COVID related legislation and funding opportunities. Recommendation: 1. Receive and file Monthly Legislative Update report and direct Staff accordingly. 2. Discussion of Assembly Bill 2895 (Quirk-Silva) - Mobile Home Parks: Rent Caps. 3. Authorize the Mayor to sign position letters on the following: a. Letter of Support for AB 1063 (Petrie-Norris) - Planning and Zoning Law: Housing Elements b. Letter of Support for SB 795 (Beall) - Economic Development: Housing: Workforce Development c. Letter of Support for SB 902 (Wiener) - Planning and Zoning: Housing Development: Density d. Letter of Opposition Unless Amended for SB 1385 (Caballero) - Local Planning: Housing Commercial Zones e. Letter of Support for AB 2275 (Nazarian) - State Armories: Homeless Shelters f. Letter of Opposition AB 3269 (Chiu, Santiago, Bloom, Bonta, and Quirk-Silva) - State and Local Agencies Homeless Plans g. Letter of Support with Amendments SB 776 (Skinner) - Peace Officers: Release of Records h. Letter Requesting Extension in the Submittal of the Housing Element. 18. AUGUST 4, 2020 CITY COUNCIL MEETING CANCELLATION Request to consider cancellation of the Tuesday, August 4, 2020 Meeting. Recommendation: Cancel the August 4, 2020 City Council / Successor Agency Meeting. 19. DIRECTION TO CREATE A BUY IN FULLERTON VEHICLE INCENTIVE PROGRAM (Item added to Revised Agenda) Mayor Fitzgerald has requested that an item be placed for consideration and discussion regarding a “Buy in Fullerton Vehicle Incentive Program.” Recommendation: Authorize Staff to develop a “Buy in Fullerton Vehicle Incentive Program” to be brought back for Council consideration at the August 18, 2020 City Council meeting. Fullerton City Council | Successor Agency Agenda July 21, 2020 - Page 8 ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, August 18, 2020 • BREA DAM VERIZON CELL TOWER EXTENSION • FULLERTON FIREFIGHTERS’ ASSOCIATION MOU SIDE LETTER AGREEMENT • JULY 2020 CHECK REGISTER • PERSONNEL MANAGEMENT SYSTEM CHANGES • ADOPTION OF SPEED HUMP POLICY 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 July 21, 2020 - Page 9