303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - FEBRUARY 1, 2022
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 [email protected] 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.
Fred Jung
Mayor (District 1)
Jesus Silva
Council Member (District 3)
Bruce Whitaker
Mayor Pro Tem (District 4)
Ahmad Zahra
Council Member (District 5)
Nick Dunlap
Council Member (District 2)
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION AGENDA
FEBRUARY 1, 2022 - 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
1. Name of Case: Lillian Aylesworth v. Sunnyridge Homeowners Association, et al Case Number: 30-2018-01026195
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
2. Agency Representative/s: Eddie Manfro, Ellis Chang and Jay Trinnaman Employee Organization/s: Fullerton Fire Management Association, Fullerton Firefighters’ Association, Fullerton Management
Association, Fullerton Municipal Employees
Federation
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
3. Name of Case: Poozhikala v. City of Fullerton
Case Number: OCSC Case No. 30-2021-01234852
PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1)4.
Title: City Manager Recruitment
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
5. Name of Case: Michael Destiche v. City of Fullerton
February 1, 2022 - Page 2
Fullerton City Council | Successor Agency Agenda
Case Number: OCSC Case No. 30-2019-01044575
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.
February 1, 2022 - Page 3
Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
FEBRUARY 1, 2022- 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
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.
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 - 6)
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.
JANUARY 18, 2022 MEETING MINUTES1.
Recommendation:
Approve January 18, 2022 City Council / Successor Agency Meeting Minutes.
TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 20212.
Recommendation:
February 1, 2022 - Page 4
Fullerton City Council | Successor Agency Agenda
Receive and file.
THE HUB STUDENT -ORIENTED HOUSING DEVELOPMENT PROJECT LOCATED AT 2601, 2701 AND 2751 EAST CHAPMAN AVENUE - SECOND READING OF
ORDINANCES
3. Recommendation:
Adopt the following ordinances:
ORDINANCE NO. 3310 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO CHANGE THE
ZONING CLASSIFICATION FROM OFFICE PROFESSIONAL (O-P) TO SPECIFIC PLAN DISTRICT (SPD) ON A 3.55-ACRE PROPERTY LOCATED ON THE NORTHEAST
CORNER OF CHAPMAN AND COMMONWEALTH AVENUES
ORDINANCE NO. 3311 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, ADOPTING THE HUB SPECIFIC PLAN TO IMPLEMENT THE LAND USE REGULATIONS ON A 3.55-ACRE PROPERTY LOCATED ON THE
NORTHEAST CORNER OF CHAPMAN AND COMMONWEALTH AVENUES
HUNT LIBRARY REVITALIZATION PROJECT GRANT APPLICATION4.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE HUNT LIBRARY
REVITALIZATION PROJECT GRANT FUNDS APPLICATION
2. When awarded, accept grant award and authorize grant award appropriation.
FINDINGS AND ORDER OF THE FULLERTON CITY COUNCIL REGARDING APPEAL OF DENIAL OF THE JP 23 URBAN KITCHEN ENTERTAINMENT PERMIT
RENEWAL APPLICATION
5. Recommendation:
1. Direct Chief of Police to issue an Entertainment Permit to JP 23 with hours of entertainment ceasing at 11:00 p .m. on Sunday, Monday, Tuesday and Wednesday and at 12:00 a .m. on Thursday, Friday and Saturday, in accordance with Fullerton Municipal Code Section 3.08.110.
2. Direct Chief of Police to review the JP 23 Entertainment Permit in nine months from issuance date.
3. Direct Chief of Police to limit the entertainment permit occupancy, under the current CUP terms and conditions, to 299.
4. Direct Chief of Police to require queueing in the entertainment permit as set forth in the approved Security Plan.
5. Direct staff to assure the exterior lighting comes into compliance with the existing CUP prior to issuance of the entertainment permit.
February 1, 2022 - Page 5
Fullerton City Council | Successor Agency Agenda
OLIVE AVENUE AND IRIS COURT AREA STREET REHABILITATION6.
Recommendation:
1. Approve plans and specifications for Olive Avenue and Iris Court Area Street Rehabilitation Project.
2. Approve the following appropriations in Project 44059 Olive Avenue and Iris Court Area Street Rehabilitation Project:
· Transfer $120,000 Gas Tax Fund (Fund 30) from Project 44589 Residential Street Program to Project 44059 Olive Avenue and Iris Court Area Street Rehabilitation (Fund 74).
· Transfer $480,000 Community Development Block Grant (CDBG) Fund from Project 44589 Residential Street Program to Project 44059 Olive Avenue and Iris Court Area Street Rehabilitation (Fund 74).
3. Award $450,000 construction contract for the Olive Avenue and Iris Court Area Street Rehabilitation project to Hardy & Harper, Inc. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
PUBLIC HEARINGS (Item 7)
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.
GENERAL PLAN HOUSING ELEMENT7.
Request to continue the General Plan Housing Element Public Hearing to a date uncertain to allow time to incorporate State Department of Housing and Community Development comments.
Recommendation:
Continue General Plan Housing Element Public Hearing to a date uncertain.
REGULAR BUSINESS (Items 8 - 14)
DEFAULT RATE TIER FOR ORANGE COUNTY POWER AUTHORITY
RESIDENTIAL AND COMMERCIAL CUSTOMERS
8. As a member of the Orange County Power Authority, the City of Fullerton must select a default rate option for electricity generated from renewable resources prior to the launch of commercial and residential service expected as early as April 2022.
Recommendation:
Select Basic Choice, Smart Choice or 100% Renewable Choice as the default energy product offering for residential and commercial customers in Fullerton and consider the same or a different energy product offering (and corresponding rate and environmental February 1, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
benefits) for the City’s municipal energy accounts.
SECOND QUARTER FINANCIAL REPORT AND MID-YEAR BUDGET
AMENDMENTS FOR FISCAL YEAR 2021-22
9. This report provides an overview of the City ’s financial position through the second quarter of Fiscal Year (FY) 2021-22, comparing the City ’s revenue and expenditures from July 1, 2021 through December 31, 2021 to adopted budget levels, presents the FY 2021-22 Mid-Year Budget Amendments, provides an update on the City ’s current economic outlook and presents updated General Fund Financial Forecasts.
Recommendation:
1. Receive and file Second Quarter Financial Report for FY 2021-22.
2. Approve FY 2021-22 Budget Amendments and authorize City Manager, or designee, to make approved amendments to the FY 2021-22 Budget.
PROPOSED ARPA SPENDING PLAN10.
The proposed ARPA Spending Plan will obligate the City ’s American Rescue Plan Act (ARPA) $32.7 million funding allocation for projects and programs allowable under US Treasury guidelines. City Council has obligated $ 16.2 million of ARPA funds to date. Staff presents the remaining $ 16.5 million of unobligated ARPA funds for City Council obligation to projects and/or programs allowable under US Treasury guidelines.
Recommendation:
1. Obligate and appropriate remaining $16.5 million of unobligated ARPA funds to program / project areas in accordance with US Treasury guidelines and formally approve and adopt the $32.7 million ARPA Spending Plan in final form.
2. Authorize City Manager, or designee, to execute and administer agreements and issue purchase and change orders per City Council approved ARPA Spending Plan in final form and within project and program budgets.
3. Ratify redirecting and appropriating $2 million of the $11.6 million ARPA allocation for Revenue Replacement within City Manager authority towards non -budgeted Water Main Replacements under the US Treasury Infrastructure category. 2022 SAFE AND SANE FIREWORKS SALES11.
On November 6, 2012, Fullerton voters reinstated the sale, possession and discharge of safe and sane fireworks within City limits. 2021 marked the ninth year of sales, possession and discharge of safe and sane fireworks under the adopted rules and regulations. This report presents the 2021 Safe and Sane Fireworks Sales Annual Report to City Council and seeks approval of the 2022 fireworks sales timeline.
Recommendation:
1. Receive and file 2021 Safe and Sane Fireworks Sales Annual Report.
2. Confirm timeline for 2022 fireworks sales application process.
3. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE February 1, 2022 - Page 7
Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF “SAFE AND SANE” FIREWORKS PURSUANT TO FULLERTON MUNICIPAL CODE
SECTION 7.26.010
CITY COUNCIL MEETING START TIME CHANGE12.
On January 18, 2022, Mayor Jung continued this item to consider changing the start time for second session of City Council regular meetings to 5:30 p.m. on the first and third Tuesdays of each month in the Fullerton City Council Chamber to the February 1, 2022 City Council meeting.
Recommendation:
Adopt Resolution No. 2022-XX.
RESOLUTION NO. 2022-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, MODIFYING THE TIME OF CITY COUNCIL REGULAR
MEETINGS
AUTHORITY TO CALL TELECONFERENCED LEGISLATIVE BODY MEETINGS13.
Provide clarification regarding who has authority to call for teleconferenced legislative body meetings.
Recommendation:
1. Designate persons authorized to call teleconferenced legislative body meetings.
2. Authorize designated person (s) to call teleconferenced meetings for all legislative body meetings.
ANNUAL REVIEW OF RULES OF PROCEDURE AND DECORUM FOR CITY
COUNCIL MEETINGS
14. City Council considered this item at its January 18, 2022 meeting and took no action due to a 2 - 2 - 1 vote (Opposed: Whitaker, Zahra; Absent: Dunlap). City Council has reagendized this item for consideration with all City Council members present.
Recommendation:
Adopt Resolution No. 2022-XX.
RESOLUTION NO. 2022-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO . 2020-04
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, February 15, 2022
• COMMITTEE APPOINTMENTS
• ROSECRANS AVENUE STREET IMPROVEMENTS
• COMMITTEE RULES OF PROCEDURE
• COMMITTEE REPORT
• AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION
• 2021 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM MOU
February 1, 2022 - Page 8
Fullerton City Council | Successor Agency Agenda
• LEASE AGREEMENTS FOR NEIGHBORHOOD CENTERS
• BUDGET STUDY SESSION
• OCFA FUNDING FOR COST ANALYSIS
Tuesday, March 1, 2022
• FEDERAL EMERGENCY MANAGEMENT PERFORMANCE GRANT
• AIRPORT SIGNAGE AND LANDSCAPE IMPROVEMENTS
• EUCLID STREET PHASE 2 STREET IMPROVEMENTS
• PUBLIC WORKS FEE STUDY
• OUTGOING COMMISSIONER RECOGNITION
ADJOURNMENT
Adjourn to next regularly scheduled closed session meeting at 4:00 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.
February 1, 2022 - Page 9
Fullerton City Council | Successor Agency Agenda