CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
FEBRUARY 1, 2022 – 5:00 P.M.
Council Chamber
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 Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva, Zahra
Absent: None
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
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: 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
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.
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 Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva, Zahra
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 Council Member Dunlap.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS – None
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council via Zoom:
Jane Reifer spoke about new housing proposals.
Jane Rands spoke about study sessions and redistricting.
CITY COUNCIL / SUCCESSOR AGENCY / 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 Tem 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, 5 and 6.
Motion carried 5 – 0 (Whitaker abstained on Item 5).
Approved
1. JANUARY 18, 2022 MEETING MINUTES
Recommendation:
Approve January 18, 2022 City Council / Successor Agency Meeting Minutes.
Approved
2. TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2021 Recommendation:
Receive and file.
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:
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.
Approved
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 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 0approved 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 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 Budget Amendments and authorize City 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.
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 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.