303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - FEBRUARY 15, 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 15, 2022 - 4:00 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
PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1)1.
Title: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 4119 West Commonwealth Avenue, Fullerton, CA 92833 ( Fullerton Municipal Airport)
Agency Negotiator: Brendan O’Reilly, Airport Manager
Negotiating Parties: Bill Griggs, Jr.
Under Negotiations: Price and terms
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
3. Agency Representative/s: Eddie Manfro 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 - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
4. Significant Exposure to Litigation: One Case
ADJOURN CLOSED SESSION
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
FEBRUARY 15, 2022- 5:30 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 - 13)
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 request discussion or removal of specific Consent Calendar items for separate action.
JANUARY 29, 2022 AND FEBRUARY 1, 2022 MEETING MINUTES1.
Recommendation:
Approve January 29, 2022 City Council / Successor Agency Special Meeting Minutes and February 1, 2022 City Council / Successor Agency Meeting Minutes.
JANUARY 2022 CHECK REGISTER2.
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Fullerton City Council | Successor Agency Agenda
Recommendation:
Receive and file.
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
3. Recommendation:
Adopt Resolution No. 2022-XX.
RESOLUTION NO. 2022-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF
LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT4.
Recommendation:
Receive and file.
AUTHORIZATION TO EXECUTE CERTAIN DOCUMENTS AS REQUIRED BY
CALIFORNIA DEPARTMENT OF TRANSPORTATION
5. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS,
OR DESIGNEE, TO EXECUTE AGREEMENTS, RIGHT -OF-WAY CERTIFICATIONS
AND ALL OTHER REQUIRED DOCUMENTS WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
2021 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM MOU TO TRANSFER FUNDS
6. Recommendation:
1. Approve Memorandum of Understanding to transfer funds accepting 2021 JAG funds, and authorize City Manager, or designee, to execute the Memorandum of Understanding.
2. Appropriate receipt and use of $22,498.00 2021 JAG allocation to Police Department in the Fund 32 grant budget.
CALIFORNIA WATER AND WASTEWATER ARREARAGES PAYMENT PROGRAM GRANT
7. Recommendation:
1. Ratify California State Water Resources Control Board grant application.
2. Accept and appropriate receipt and uses of $150,417.64 grant award.
3. Authorize City Manager, or designee, to execute agreement and sign all documents related to the grant.
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NOTICE OF INTENT TO COMPLY (SENATE BILL 619) SUBMITTAL TO
CALRECYCLE
8. Recommendation:
Adopt Resolution No. 2022-XXX
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY RELATED TO SENATE BILL 619
HOMELESSNESS RECUPERATIVE CENTER STATE GRANT9.
Recommendation:
Accept grant funding and appropriate the $4,000,000 allocation.
LETTER OF SUPPORT FOR AB 1595 - STATE-OPERATED VETERANS
CEREMONY IN ORANGE COUNTY
10. Recommendation:
1. Discuss Assembly Bill 1595 (Quirk-Silva).
2. Authorize Mayor to sign position letter in support of AB 1595.
RUNWAY 6 PRECISION APPROACH PATH INDICATOR PROJECT11.
Recommendation:
1. Authorize application for a Federal Aviation Administration Airport Improvement Program grant and authorize Public Works Director, or designee, to execute related grant application documents.
2. If awarded, authorize acceptance of Federal Aviation Administration Airport Improvement Program grant funds and authorize Public Works Director, or designee, to execute related grant acceptance documents.
3. If awarded, approve appropriation and budget adjustments for awarded Federal Aviation Administration Airport Improvement Program grant funds to CIP Fund (Fund 74) - Project 49015 Runway 6 Precision Approach Path Indicator.
4. Approve $100,000 budget transfer from Airport Enterprise Funds (Fund 40) Project 49009 Airport Terminal / Administration Building to Project 49015 Runway 6 Precision Approach Path Indicator.
5. Authorize Public Works Director, or authorized designee, to execute $58,547.40 purchase order with C&S Companies, Inc. for professional engineering design services and authorize any future design change orders within the approved project budget.
NUTWOOD-YALE AREA STREET IMPROVEMENTS12.
Recommendation:
1. Approve plans and specifications for Nutwood-Yale Area Street Improvements project.
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2. Approve the following appropriations:
· Transfer $716,000 Gas Tax Funds from Project 44400 Annual Arterial Street Program to Project 44053 Nutwood -Yale Area Street Improvements Project (Fund 74).
· Transfer$1,000,000 RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44053 Nutwood -Yale Area Street Improvements Project (Fund 74).
3. Award $1,397,367 construction contract for the Nutwood -Yale Area Street Improvements project to Sequel Contractors, 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.
ROSECRANS AVENUE STREET IMPROVEMENTS (WESTERLY CITY BOUNDARY
TO SUNNY RIDGE DRIVE)
13. Recommendation:
1. Approve plans and specifications for Rosecrans Avenue Street Improvements Project.
2. Approve $1,265,500 transfer of RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44056 Rosecrans Avenue Street Improvements (Fund 74).
3. Award $1,113,745 construction contract to The RJ Noble Company for the Rosecrans Avenue Street Improvements Project and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 14 - 15)
FY 2022-23 WORK PLAN - CITY COUNCIL INPUT14.
Request for City Council direction on projects or programs to include in the Fiscal Year 2022-23 budget.
Recommendation:
Submit projects, programs and /or policy changes to City Manager for consideration in the Fiscal Year 2022-23 budget process.
PROPOSED ARPA SPENDING PLAN (Continued from February 1, 2022)15.
The proposed ARPA Spending Plan (ARPA Plan) will obligate the remaining $ 16.5 million of unobligated American Rescue Plan Act (ARPA) allocation for projects and programs allowable under US Treasury guidelines. City Council has obligated $ 16.2 million of February 15, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
ARPA funds to date.
Recommendation:
1. Obligate and appropriate the remaining $16.5 million of unobligated ARPA funds to program / project areas in accordance with US Treasury guidelines.
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.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, March 1, 2022
• COMMITTEE APPOINTMENTS
• 2022 LEGISLATIVE PLATFORM
• PROJECT 52019 MISCELLANEOUS STORM DRAIN REPAIR
• FACILITY NEEDS AND UTILIZATION REPORT
• FEDERAL EMERGENCY MANAGEMENT GRANT AUTHORIZED AGENTS
• AIRPORT SIGNAGE AND LANDSCAPE IMPROVEMENTS
• COMMITTEE RULES OF PROCEDURE
Tuesday, March 8, 2022
• REDISTRICTING PUBLIC HEARING
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 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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