City Council - Successor Agency - Housing Authority

FULLERTON CITY COUNCIL SUCCESSOR AGENCY AGENDA - NOVEMBER 17, 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 17, 2020 - 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 LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Wagner, et al. v. City of Fullerton, et al. Case Number: OCSC 30-2018-0103122-CU-CR-CJC 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA v. Brendan O’Reilly, City of Fullerton, et al. Case Number: OCSC Case No.: 30-2017-00952643 6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Orange County Catholic Worker et al. v. Orange County et al. Case Number: United States District Court, Central District of California Case Number: 8:18:cv-00155-DOC-JDE Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 2 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 17, 2020 - Page 3  CITY OF FULLERTON CITY COUNCIL / SUCCESSOR AGENCY REGULAR MEETING AGENDA NOVEMBER 17, 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. PRESENTATION: Veterans Day Parade and Ceremony 2. PRESENTATION: “End Child Marriage Under 18, No Exceptions” Law 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 (Items 1 - 15) 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. NOVEMBER 2, 2020 MEETING MINUTES Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 4  Recommendation: Approve November 2, 2020 City Council / Successor Agency Meeting Minutes. 2. OCTOBER 2020 CHECK REGISTER Recommendation: Receive and file. 3. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO PARKING, STOPPING AND STANDING OF RECREATIONAL VEHICLES - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3294. ORDINANCE NO. 3294 - 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 4. INDUSTRIAL LOGISTICS CENTER AT 2001 EAST ORANGETHORPE AVENUE (GOODMAN LOGISTICS CENTER FULLERTON) ZONING AMENDMENT AND DEVELOPMENT AGREEMENT - SECOND READINGS OF ORDINANCES Recommendation: Adopt Ordinances No. 3291 and 3292. ORDINANCE NO. 3291 - 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 SQUARE FEET, EMERGENCY SHELTER OVERLAY ZONE) Ordinance NO. 3292 - 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 5. COMMUNITY CHOICE ENERGY: ORANGE COUNTY POWER AUTHORITY JOINT POWERS AGREEMENT - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No. 3293. ORDINANCE NO. 3293 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM 6. SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL CONTROL Recommendation: Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 5  Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING ISSUES 7. PERSONNEL MANAGEMENT SYSTEM CHANGE RELATED TO MINIMUM WAGE INCREASE Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO PAY FOR NON-REGULAR EMPLOYEES REPLACING RESOLUTION 2019-73 8. CARES ACT SPENDING PLAN AND REPORTING REQUIREMENTS UPDATE Recommendation: Receive and file. 9. FISCAL YEAR 2019-20 AND 2020-21 ADMINISTRATIVE BUDGET AMENDMENTS AND PRELIMINARY FY 2019-20 UNAUDITED FINANCIAL REPORTS Recommendation: 1. Adopt the following resolutions: RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING PROPOSED BUDGET AMENDMENTS TO THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2019-20 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING PROPOSED BUDGET AMENDMENTS TO THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2020-21 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN 2. Receive and file preliminary Fiscal Year-End 2019-20 unaudited Financial Reports. 3. Authorize City Manager, or designee, to effectuate further budget amendments as necessary to ensure budget compliance as FY 2019-20 audited financials are finalized. 10. 2020 BULLETPROOF VEST PARTNERSHIP GRANT FUNDS ACCEPTANCE Recommendation: Accept 2020 Bulletproof Vest Partnership Grant funds and increase Police Department Fund 32 allocations by $2,265.37. Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 6 11. TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT - TYPE III FIRE ENGINE AGREEMENT Recommendation: Approve agreement for temporary assignment of vehicular firefighting equipment (one “Type III” fire engine) with State of California, Governor’s Office of Emergency Services, Fire and Rescue Division and authorize City Manager to execute agreement on behalf of City of Fullerton. 12. CONSULTANT COST SHARING FOR 2020 URBAN WATER MANAGEMENT PLAN AGREEMENT Recommendation: 1. Approve and authorize Public Works Director, or designee, to execute agreement with Municipal Water District of Orange County for professional services for the 2020 Urban Water Management Plan (UWMP) up to an amount not to exceed $75,000 for action that best meets the needs of the City in preparation of the 2020 UWMP, in a form approved by the City Attorney. 2. Authorize Public Works Director, or designee, to execute contingency items as part of the agreement as staff finds applicable for meeting 2020 UWMP requirements. 13. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (STORMWATER) PROGRAM COMPLIANCE AND IMPLEMENTATION OF PROFESSIONAL SERVICES AGREEMENT Recommendation: 1. Approve and authorize Public Works Director to execute a $157,610 annual Professional Services Agreement for NPDES and stormwater environmental compliance and implementation with John L. Hunter and Associates in a form approved by the City Attorney. 2. Authorize Public Works Director to approve and execute PSA amendments within the approved budget, in a form approved by the City Attorney. 3. Approve budget transfer from Fire Department-Storm Water Compliance Program (236350223) to Public Works General-Engineering-Storm Water Compliance (236350322) and related budget amendment(s) to transfer NPDES Compliance Program from Fire to Public Works. 4. Approve $76,650 additional budget appropriation from Sanitation Fund to cover increased implementation and compliance costs of new Stormwater Compliance regulations. 14. WATER SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) MASTER PLAN, INTEGRATOR AND SUPPORT SERVICES PROJECT - AWARD Recommendation: 1. Authorize Public Works Director, or designee, to execute $88,890 Professional Services Agreement with Systems Integrated to complete Water SCADA Master Plan and provide as-needed support services , in a form approved by the City Attorney. Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 7  2. Authorize Public Works Director, or designee, to approve any future change orders / contract amendments for professional engineering and support services, within approved project budget. 15. “END CHILD MARRIAGE UNDER 18, NO EXCEPTIONS” LAW Recommendation: Adopt Resolution No. 2020-XX. RESOLUTION NO. 2020-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ANNOUNCING ITS COMMITMENT TO END CHILD MARRIAGE BY CALLING FOR AN “END CHILD MARRIAGE UNDER 18, NO EXCEPTIONS” LAW AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO PUBLISH EDUCATIONAL INFORMATION PERTAINING TO ENDING CHILD MARRIAGE PUBLIC HEARINGS (Item 16) 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. 16. FULLERTON MUNICIPAL CODE AMENDMENTS RELATING TO NOISE REGULATIONS AND STANDARDS Proposed amendments to Fullerton Municipal Code Chapter 15.90 (Noise Standards and Regulation) and Chapter 3.08 (Entertainment) to create Downtown Noise Zone and update other regulations pertaining to noise measuring devices contained in Chapter 15.90. Recommendation: 1. Make finding that project is 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, AMENDING TITLES 3 AND 15 OF THE FULLERTON MUNICIPAL CODE UPDATING NOISE STANDARDS TO CREATE A DOWNTOWN NOSIE ZONE AND UPDATE OTHER REGULATIONS PERTAINING TO SOUND MEASUREMENT DEVICES REGULAR BUSINESS (Items 17 - 20) 17. CODE AMENDMENTS PERTAINING TO REGULATION OF COMMERCIAL CANNABIS ACTIVITIES CITYWIDE - SECOND READING OF ORDINANCE Recommendation: Adopt Ordinance No 3289. ORDINANCE NO. 3289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLES 3 AND 15 OF THE FULLERTON MUNICIPAL CODE REGULATING COMMERCIAL CANNABIS BUSINESSES CITYWIDE Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 8 18. ORANGE COUNTY POWER AUTHORITY BOARD APPOINTMENT On November 2, 2020, City Council approved membership in the Orange County Power Authority. With that approval, City Council must appoint a Board Member and an alternate to the Authority. Recommendation: Appoint one regular Board Member and one alternate to act on behalf of the City of Fullerton within the powers of the Orange County Power Authority JPA. 19. FIRST CONSIDERATION OF PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN CITY OF FULLERTON AND FULLERTON FIREFIGHTERS’ ASSOCIATION Proposed Side Letter to the Memorandum of Agreement between City of Fullerton and Fullerton Firefighters’ Association presented for first review by City Council. Recommendation: Review proposed Side Letter of Agreement and direct staff to schedule for final review on December 15, 2020. 20. FULLERTON MUNICIPAL CODE AMENDMENT RELATING TO AIRPORT RULES AND REGULATIONS Fullerton Municipal Code update to reflect current state of operations at Fullerton Municipal Airport. 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, REPEALING CHAPTER 18.03 (USE AND OPERATION) OF TITLE 18 (AIRPORT) AND AMENDING TITLE 18 (AIRPORT) WITH THE ADDITION OF A REVISED CHAPTER 18.03 (USE AND OPERATION) OF THE CITY OF FULLERTON MUNICIPAL CODE TO UPDATE THE RULES AND REGULATIONS FOR THE OPERATION OF THE AIRPORT ITEMS REMOVED FROM CONSENT CALENDAR AGENDA FORECAST (Tentative) Tuesday, December 1, 2020 • DECLARE ELECTION RESULTS AND REORGANIZATION Tuesday, December 15, 2020 • NOVEMBER 2020 CHECK REGISTER • FFA ALTERNATIVE DISPUTE RESOLUTION PROGRAM • RAYMOND GRADE SEPARATION SURPLUS PROPERTY TRANSFER TO OCTA • PERSONNEL MANAGEMENT SYSTEM CHANGES • FFA SIDE LETTER FINAL CONSIDERATION • POLICE DEPARTMENT TOW OPERATOR RE-INSPECTION REPORT • FMC AMENDMENT RELATING TO SPECIAL EVENTS Fullerton City Council | Successor Agency Agenda November 17, 2020 - Page 9 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 17, 2020 - Page 10