City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - NOVEMBER 2, 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 NOVEMBER 2, 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Francisco Oliveros, et al. v. City of Fullerton, et al. Case Number: OCSC Case No. 30-2018-00981683 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Cicinelli v. City of Fullerton, et al. Case Number: OCSC 30-2017-00923829 and Name of Case: Wolfe v. City of Fullerton City Council Case Number: OCSC 30-2017-0091884 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, 2020 - Page 2  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA NOVEMBER 2, 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 1. CERTIFICATE: Orange County Korean War Memorial Committee 2. CERTIFICATE: Ministerios Betesda Casa De Misericordia and Center for Healthy Neighborhoods 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 - 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 20, 2020 MEETING MINUTES Fullerton City Council | Successor Agency Agenda November 2, 2020 - Page 3  Recommendation: Approve October 20, 2020 City Council / Successor Agency Meeting Minutes. 2. FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO REGULATION OF COMMERCIAL SHORT-TERM RENTALS - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3290. ORDINANCE NO. 3290 - 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 3. REAFFRIMATION 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 4. GRANT FUNDING APPLICATION FOR PROP 68 PER CAPITA GRANT Recommendation: 1. Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS 2. Authorize Director of Parks and Recreation to execute all documents related to the grant. 3. Authorize acceptance and appropriation of grant funds and appropriate City matching funds from Park Dwelling Fund. 5. 2021 GROUP INSURANCE PLAN RENEWAL Recommendation: Authorize City Manager, or designee, to execute agreements as required. 6. YOUTH COMMISSION ESTABLISHMENT Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A YOUTH COMMISSION Fullerton City Council | Successor Agency Agenda November 2, 2020 - Page 4 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. 7. PUBLIC HEARING FOR SETTING COMMERCIAL CANNABIS FEES CANCELLATION Cancellation of Public Hearing to consider establishing fee amounts for commercial cannabis related actions pursuant to tabling Ordinance No. 3289 adoption. Recommendation: Cancel Public Hearing. 8. MAJOR SITE PLAN, TENTATIVE PARCEL MAP, VARIANCE, ZONING AMENDMENT, DEVELOPMENT AGREEMENT AND CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR INDUSTRIAL LOGISTICS CENTER AT 2001 EAST ORANGETHORPE AVENUE (Goodman Logistics Center Fullerton) Planning Commission recommendation for approval of industrial logistics center with four buildings comprising approximately 1.6 million square feet located at 2001 East Orangethorpe Avenue (formerly Kimberly-Clark), including Major Site Plan, Tentative Parcel Map, Variance, Zoning Amendment and Development Agreement and certify Final Environmental Impact Report. Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE GOODMAN LOGISTICS CENTER FULLERTON PROJECT (STATE CLEARINGHOUSE NO. SCH NO. 2020031172) INCLUDING ADOPTION OF THE WATER SUPPLY ASSESSMENT, MITIGATION MONITORING AND REPORTING PROGRAM, AND FINDINGS AND FACTS IN SUPPORT OF FINDINGS PREPARED FOR THE PROPERTY LOCATED AT 2001 EAST ORANGETHORPE AVENUE RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR GOODMAN LOGISTICS CENTER FULLERTON - INCLUDING FOUR NEW BUILDINGS RESULTING IN A TOTAL FLOOR AREA OF 1,561,522 SQUARE FEET - ON PROPERTY LOCATED AT 2001 EAST ORANGETHORPE AVENUE RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2019-180 TO CREATE FOUR PARCELS ON PROPERTY ZONED FOR INDUSTRIAL DEVELOPMENT AND LOCATED AT 2001 EAST ORANGETHORPE AVENUE RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A VARIANCE TO EXCEED THE Fullerton City Council | Successor Agency Agenda November 2, 2020 - Page 5  MAXIMUM 45-FOOT HEIGHT PERMITTED IN THE M-P-200-ES ZONE TO FACILITATE THE CONSTRUCTION OF A FOUR BUILDING LOGISTICS CENTER, ON PROPERTY LOCATED AT 2001 EAST ORANGETHORPE AVENUE 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 RECLASSIFY THE SOUTHEASTERN PORTION OF THE PROPERTY LOCATED AT 2001 EAST ORANGETHORPE AVENUE FROM M-G-ES (MANUFACTURING GENERAL, EMERGENCY SHELTER OVERLAY ZONE) TO M-P-200-ES (MANUFACTURING PARK, MINIMUM LOT SIZE 200,000 SQ.FT, EMERGENCY SHELTER OVERLAY ZONE) ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR GOODMAN LOGISTICS CENTER FULLERTON TO PROVIDE THE PROJECT APPLICANT AND THE CITY OF FULLERTON CERTAIN ASSURANCES WITH RESPECT TO PROJECT APPROVALS AND OBLIGATIONS REGULAR BUSINESS 9. RECONSIDERATION OF SURPLUS PROPERTY DECLARATION FOR 1151 BASTANCHURY ROAD Reconsideration of Resolution No. 2020-76 declaring property at 1151 Bastanchury Road (APN 280-016-07) as surplus property pursuant to Government Code Section 54220-54234. Recommendation: 1. Option 1: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESCINDING ITS SURPLUS PROPERTY DECLARATION FOR THE PROPERTY AT 1151 BASTANCHURY ROAD (APN 280-016-07) 2. Option 2: Retain Surplus Property declaration and direct Staff to prepare Notice of Availability for property including requirement for future developer to preserve specified square footage/acreage for use as publicly accessible open space. 3. Option 3: Retain Surplus Property declaration and Notice of Availability with no additional changes or amendments. 10. COMMUNITY CHOICE ENERGY: ORANGE COUNTY POWER AUTHORITY JOINT POWERS AGREEMENT At the July 21, 2020 City Council Meeting, Council Member Zahra requested Staff update Fullerton City Council | Successor Agency Agenda November 2, 2020 - Page 6  City Council on Community Choice Energy in light of City of Irvine requesting partnerships from other Orange County cities. Recommendation: Should City Council elect to join the Joint Powers Authority (JPA): 1. Authorize Mayor to execute JPA Agreement as approved as to form by the City Attorney. 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, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM 3. Delegate City Manager authority to execute and negotiate Agreement in substantially similar form. 4. Appoint one regular Board Member and one alternate to act on behalf of City of Fullerton within the powers of Orange County Community Choice Energy JPA. or 1. Direct Staff accordingly. 11. LOCAL CAMPAIGN CONTRIBUTION LIMITS City Council consideration to set local campaign contribution limits by December 31, 2020 or accept the mandatary local campaign limits established in AB 571 (2019) that take effect January 1, 2021. Recommendation: If City Council chooses to set its own campaign contribution limits (higher or lower than the state limit), provide direction to Staff to prepare the appropriate documents for City Council adoption. Otherwise, City Council should declare it will accept the default state campaign contribution limits for local elections. 12. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO PARKING, STOPPING AND STANDING OF RECREATIONAL VEHICLES Consideration of ordinance adding Fullerton Municipal Code Chapter 8.46 relating to parking, stopping and standing of recreational vehicles. 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 TITLE 8 OF THE FULLERTON MUNICIPAL CODE TO ADD A NEW CHAPTER 8.46 RELATING TO THE PARKING, STOPPING AND STANDING OF RECREATIONAL VEHICLES ITEMS REMOVED FROM CONSENT CALENDAR Fullerton City Council | Successor Agency Agenda November 2, 2020 - Page 7 AGENDA FORECAST (Tentative) Tuesday, November 17, 2020 • FMC AMENDMENT RELATING TO TITLE 18 AIRPORT RULES AND REGULATIONS • NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM AGREEMENT • 2020 URBAN WATER MANAGEMENT PLAN AGREEMENT • OCTOBER 2020 CHECK REGISTER • WATER SCADA MASTER PLAN, INTEGRATOR AND SUPPORT SERVICES PROJECT • RAYMOND GRADE SEPARATION SURPLUS PROPERTY TRANSFER TO OCTA • ACCEPTANCE OF 2020 BULLETPROOF VEST PARTNERSHIP GRANT FUNDS • POLICE DEPARTMENT TOW OPERATOR RE INSPECTION REPORT • SIDE LETTER TO FFA MOU AGREEMENT Tuesday, December 1, 2020 • DECLARE ELECTION RESULTS AND REORGANIZATION (tent.) 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, 2020 - Page 8