CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
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u Z FEBRUARY 1, 2022 — 5: 00 P. M.
Council Chamber
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303 West Commonwealth Avenue
Fullerton, California
5: 00 p. m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:00 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tern / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Zah ra
Absent: None
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
I0G7M
5:03 p.m. RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 5:03 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956. 9( d)( 1) Name of Case: Lillian Aylesworth v. Sunnyridge Homeowners Association, et al
Case Number: 30- 2018- 01026195
2. CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957. 6
Agency Representative/ s:
Employee Organization/ s:
Eddie Manfro, Ellis Chang and
Jay Trinnaman
Fullerton Fire Management
Association, Fullerton
Firefighters' Association,
Fullerton City Council I Successor Agency Minutes
February 1, 2022 - Page 1
Fullerton Management
Association, Fullerton Municipal
Employees Federation
Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956. 9( d)( 1) Name of Case: Poozhikala v. City of Fullerton
Case Number: OCSC Case No. 30- 2021- 01234852
4. PUBLIC EMPLOYMENT Per Government Code Section
54957( b)( 1)
Title: City Manager Recruitment
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956. 9( d)( 1) Name of Case: Michael Destiche v. City of Fullerton
Case Number: OCSC Case No. 30- 2019- 01044575
ADJOURNMENT
Mayor / Chair Jung adjourned Closed Session at 6:20 p.m.
Fullerton City Council I Successor Agency Minutes
February 1, 2022 - Page 2
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
FEBRUARY 1, 2022 — 6: 30 P. M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
6: 30 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 6:30 p.m.
All Present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tern / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Za h ra
Absent: None
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams. Police
Chief Robert Dunn, Interim Director of Community
and Economic Development Greg Pfost
INVOCATION given by Reverend Dr. Mandye Yates, First Christian Church Fullerton.
PLEDGE OF ALLEGIANCE led by CouncilMember Dunlap.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
I01GM
PRESENTATIONS — None
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PUBLIC COMMENTS - Regular Session
The following addressed City Council via Zoom:
Jane Reifer spoke about new housing proposals.
0 Jane Rands spoke about study sessions and redistricting.
CITY COUNCIL / SUCCESSOR AGENCY 1 STAFF
COMMUNICATIONS AND REPORTS
Council Member Dunlap encouraged all to support this year' s Girl Scout cookie drive.
Mayor Jung wished all a Happy Lunar New Year, recognized Black History Month, spoke about voting rights and congratulated the LA Rams NFC Championship.
Mayor Pro Tern Whitaker noted he has articles about water issues posted monthly on the City's website.
Council Member Zahra wished all a Happy Lunar New Year, acknowledged Black History Month, recognized Fullerton Rotary' s 100 years of service, spoke about touring OCFA Headquarters, provided an update on the Fullerton Museum and asked to close the meeting in memory of Mike Clements.
APPOINTMENTS — None
CONSENT CALENDAR ( Items 1 - 6)
Dunlap moved, seconded by Silva, to approve Consent Calendar Items 1, 2, 4, 5and6. Motion
carried 5 — 0 ( Whitakerabstained on Item5). Approved
1. JANUARY18, 2022MEETINGMINUTES Recommendation:
Approve
January 18, 2022City Council / Successor Agency Meeting Minutes. Approved
2. TREASURER'S REPORTFOR QUARTER ENDED DECEMBER
31, 2021 Recommendation:
Receive
and file. Fullerton
City CouncilI SuccessorAgency Minutes February
1, 2022 - Page 4
Adopted 4. HUNT LIBRARY REVITALIZATION PROJECT GRANT
APPLICATION
Recommendation:
1. Adopt Resolution No. 2022- 010.
RESOLUTION NO. 2022- 010 - 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.
Approved 5. FINDINGS AND ORDER OF THE FULLERTON CITY COUNCIL REGARDING APPEAL OF DENIAL OF THE JP23 URBAN
KITCHEN ENTERTAINMENT PERMIT RENEWAL
APPLICATION
Recommendation:
Approved
1. Direct Chief of Police to issue an Entertainment Permit to JP23 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 JP23 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.
6. OLIVE AVENUE AND IRIS COURT AREA STREET
REHABILITATION
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 Fullerton City Council I Successor Agency Minutes
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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
Oapproved project budget.
PUBLIC HEARINGS ( Item 7)
Continued 7. GENERAL PLAN HOUSING ELEMENT
The following addressed City Council via Zoom:
John Hanna spoke in support of this item.
Zahra moved, seconded by Dunlap, to continue this item to a date uncertain
Motion caried 5 — 0.
REGULAR BUSINESS ( Items 8 - 14)
Tier selected 8. DEFAULT RATE TIER FOR ORANGE COUNTY POWER
AUTHORITY RESIDENTIAL AND COMMERCIAL
CUSTOMERS
The following addressed City Council via Zoom:
Patty Tutor spoke in support of 100% renewable energy.
Ayn Craciun spoke in support of 100% renewable energy.
Angela Lindstrom spoke about the role of OCPA.
Linda Kramer, Climate Reality Project, spoke in support of 100% renewable energy.
Jane Rands spoke about how this applies to homes using
solar power.
Desi G spoke in support of 100% renewable energy.
Azim Kahid spoke in support of 100% renewable energy.
Maureen Milton asked for input from SoCal Edison regarding this program.
Michelle Ellison, Clean Power Alliance, spoke in support of Fullerton City Council I Successor Agency Minutes
February 1, 2022 - Page 6
100% renewable energy.
Lexi Hernandez, Climate Action Campaign, spoke in support of 100% renewable energy.
Glenda Howell, Fullerton, spoke in support of 100%
renewable energy.
Marcy Fry, Fullerton, spoke in support of 100% renewable energy.
Zahra moved, seconded by Jung, to adopt the 100% Renewable Choice tier for residential and commercial customers.
Motion failed 2 — 3 (In favor: Zahra, Jung).
Dunlap moved, seconded by Whitaker, to adopt the Basic Choice Tier for residential and commercial customers.
Zahra made a substitute motion, seconded by Jung, to adopt the Smart Choice Tier for residential and commercial customers.
Substitute motion carried 3- 2 ( Opposed: Dunlap, Whitaker).
Original motion failed.
Zahra moved, seconded by Jung, to adopt the 100% Renewable Choice tier for the City's municipal energy accounts.
Motion failed 2 — 3 ( In favor: Zahra, Jung).
Silva moved, seconded by Whitaker, to adopt the Basic Choice Tier for the City's municipal energy accounts.
Motion carried 3 — 2 ( Opposed: Zahra, Jung).
Approved 9. SECOND QUARTER FINANCIAL REPORT AND MID - YEAR BUDGET AMENDMENTS FOR FISCAL YEAR 2021- 22
Dunlap moved, seconded by Zahra, to
1. Receive and file Second Quarter Financial Report for FY 2021- 22.
2. Approve FY 2021-22 BudgetAmendmentsand authorizeCity Manager, or designee, to make approved amendments to
the FY 2021- 22 Budget.
Motion carried 5 — 0.
Continued 10. PROPOSED ARPA SPENDING PLAN
The following addressed City Council via Zoom:
Jane Rands asked about funding for the Library.
Jenny Matti asked about infrastructure funding.
Whitaker moved, seconded by Jung, to continue this item to February 15, 2022.
Motion carried 5 — 0.
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Adopted 11. 2022 SAFE AND SANE FIREWORKS SALES
Dunlap moved, seconded by Jung, to
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- 011
RESOLUTION NO. 2022- 011 - A RESOLUTION OF THE
CITY COUNCIL OF THE 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
Motion carried 5 - 0.
Adopted 12. CITY COUNCIL MEETING START TIME CHANGE
Dunlap moved, seconded by Jung, to adopt Resolution No. 2022- 012.
RESOLUTION NO. 2022- 012 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
MODIFYING THE TIME OF CITY COUNCIL REGULAR
MEETINGS
Motion carried 3 — 2 ( Opposed: Silva, Zahra).
Approved 13. AUTHORITY TO CALL TELECONFERENCED LEGISLATIVE
BODY MEETINGS
Dunlap moved, seconded by Silva, to:
1. Designate persons authorized to call teleconferenced legislative body meetings.
2. Authorize designated person( s) to call teleconferenced meetings for all legislative body meetings.
Motion carried 5 — 0.
Adopted 14. ANNUAL REVIEW OF RULES OF PROCEDURE AND
DECORUM FOR CITY COUNCIL MEETINGS
The following addressed City Council via Zoom:
Jane Reifer asked about speaker registration and the
Consent Calendar process.
Dunlap moved, seconded by Whitaker, to adopt Resolution No. 2022- 013.
RESOLUTION NO. 2022- 013 - A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ESTABLISHING RULES OF PROCEDURE AND DECORUM
FOR CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NO. 2020- 04
Motion carried 4 — 1 ( Opposed: Zahra).
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted 3. THE HUB STUDENT - ORIENTED HOUSING DEVELOPMENT PROJECT LOCATED AT 2601, 2701 AND 2751 EAST
CHAPMAN AVENUE - SECOND READING OF ORDINANCES
The following addressed City Council via Zoom:
Jane Reifer asked for a transportation study for projects of this type.
Dunlap moved, seconded by Zahra, to 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
Motion carried 5 — 0.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 9:13 p.m. in memory of Mike Clements.
Fred Jung
Mayor
Sda Williams, MMC
Clerk
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