CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
FEBRUARY 15, 2022 — 4: 00 P. M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:01 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4: 01 p. m.
All Present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva
arrived 4: 08 p.m.), Zahra
Absent: None
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
None.
4: 03 p.m. RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:03 p.m.
CLOSED SESSION
1. PUBLIC EMPLOYMENT
54957( b)( 1)
Title: City Manager
Per Government Code Section
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
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
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 1
3. CONFERENCE WITH LABOR NEGOTIATOR Per
Government Code Section 54957. 6
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
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9( d)( 2) Significant Exposure to Litigation: One Case
5:34 p.m. RECESS CLOSED SESSSION
Mayor / Chair Jung recessed the closed session meeting at 5: 34 p. m. uc0ga Williams, MMC
itwderk
r
Fred Jung
Mayor
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 2
CITY OF FULLERTON
of FuCCITY COUNCIL / SUCCESSOR AGENCY a
pREGULAR MEETING MINUTES u''
Z FEBRUARY 15, 2022 — 5: 30P. M. Council
Chamber c'ciFoa
P
303
West CommonwealthAvenue Fullerton,
California 5:
37p. m. CALL TO ORDERMayor /
Chair Jung calledthe meetingto orderat 5: 37p. m. All
PresentROLL CALL Present:
Mayor / Chair Jung, Mayor Pro Tern / Vice Chair Whitaker, Council / Agency MembersDunlap, Silva, Zah
ra Absent:
None Staff
Present: Acting City ManagerJeff Collier, City AttorneyRichard D. Jones, City Clerk LucindaWilliams. Police
Chief Robert Dunn, Fire MarshalKathy Schaefer
INVOCATION
given by ShaykhMustafaUmar, IslamicInstituteof Orange
County Director of Educationand Outreach. PLEDGE
OF ALLEGIANCEled by CouncilMemberDunlap. CLOSED
SESSION REPORT None.
EX
PARTECOMMUNICATIONSREPORT None.
PRESENTATIONS (
Taken out of agendaorder) 1.
PRESENTATION:Orange County Housing Funding Trust Fullerton City CouncilI SuccessorAgency Minutes February
15, 2022 - Page 3
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
Bernard Oh, Fullerton, spoke about City Council decorum, staffing issues and budget issues.
The following addressed City Council via Zoom:
Jane Rands spoke about redistricting.
Diane Vena spoke about access to City Council meeting video.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
Council Member Zahra reported on exhibits at the Fullerton Museum.
Mayor Jung congratulated the 2022 Super Bowl Champion Los Angeles Rams.
APPOINTMENTS
None.
CONSENT CALENDAR ( Items 1 - 13)
Dunlap moved, seconded by Silva, to approve Consent Calendar Items 1 through 13.
Motion carried 5 — 0.
Approved 1. JANUARY 29, 2022 AND FEBRUARY 1, 2022 MEETING
MINUTES
Recommendation:
Approve January 29, 2022 City Council / Successor Agency Special Meeting Minutes and February 1, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed 2. JANUARY 2022 CHECK REGISTER
Recommendation:
Receive and file.
Adopted 3. AB 361 CONTINUING STATE OF EMERGENCY
DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY
MEETINGS
Recommendation:
Adopt Resolution No. 2022- 014.
RESOLUTION NO. 2022- 014 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
MAKING THE CONTINUED DETERMINATION OF LEGALLY
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 4
REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE
CONDUCT OF REMOTE " TELEPHONIC' MEETINGS
DURING THE STATE OF EMERGENCY
Received and filed 4. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Adopted 5. AUTHORIZATION TO EXECUTE CERTAIN DOCUMENTS AS
REQUIRED BY CALIFORNIA DEPARTMENT OF
TRANSPORTATION
Recommendation:
Adopt Resolution No. 2022- 015.
RESOLUTION NO. 2022- 015 - 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
Approved 6. 2021 JUSTICE ASSISTANCE GRANT ( JAG) PROGRAM
MOU TO TRANSFER FUNDS
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.
Approved 7. CALIFORNIA WATER AND WASTEWATER ARREARAGES
PAYMENT PROGRAM GRANT
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.
Adopted 8. NOTICE OF INTENT TO COMPLY ( SENATE BILL 619)
SUBMITTAL TO CALRECYCLE
Recommendation:
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 5
Adopt Resolution No. 2022- 016.
RESOLUTION NO. 2022- 016 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ADOPTING THE NOTIFICATION OF INTENT TO COMPLY
RELATED TO SENATE BILL 619
Approved 9• HOMELESSNESS RECUPERATIVE CENTER STATE
GRANT
Recommendation:
Accept grant funding and appropriate the $4,000,000 allocation.
Approved 10. LETTER OF SUPPORT FOR AB 1595 - STATE - OPERATED
VETERANS CEREMONY IN ORANGE COUNTY
Recommendation:
1. Discuss Assembly Bill 1595 (Quirk -Silva).
2. Authorize Mayor to sign position letter in support of AB 1595.
Approved 11. RUNWAY 6 PRECISION APPROACH PATH INDICATOR
PROJECT
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.
Approved 12. NUTWOOD- YALE AREA STREET IMPROVEMENTS
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 6
Recommendation:
Approve plans and specifications for Nutwood- Yale Area Street Improvements project.
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 / S131 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.
Approved 13. ROSECRANS AVENUE STREET IMPROVEMENTS
WESTERLY CITY BOUNDARY TO SUNNY RIDGE DRIVE)
Recommendation:
1. Approve plans and specifications for Rosecrans Avenue Street Improvements Project.
2. Approve $ 1, 265, 500 transfer of RMRA / S131 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
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 7
REGULAR BUSINESS ( Items 14 - 15)
Direction provided 14. FY 2022- 23 WORK PLAN - CITY COUNCIL INPUT Direction provided.
Direction provided 15. PROPOSED ARPA SPENDING PLAN ( Continued from February 1, 2022)
The following addressed City Council:
Bernard Oh asked City Council to restore staffing levels.
The following addressed City Council via Zoom:
Diane Vena asked the City to use ARPA money to restore
library services.
Silva moved, seconded by Zahra, to approve ARPA
Administration ( Priority Item 1) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Zahra moved, seconded by Silva, to approve FD Station
Alerting System ( Priority Item 7) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Silva moved, seconded by Zahra, to approve Fullerton
Community Center Portable Generator ( Priority Item 8) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Dunlap moved, seconded by Jung, to continue the FD Quint Fire Truck ( Priority Item 9) and hold funding for other uses.
Motion carried 4 — 1 ( Opposed: Zahra).
Dunlap moved, seconded by Whitaker, to use already budgeted funds for the Cashiering, Utility Billing, General Billing System Upgrade ( Priority Item 13) and use the proposed ARPA funds for roads and streets.
Silva made a substitute motion, seconded by Zahra, to use already budgeted funds for the Cashiering, Utility Billing, General Billing System Upgrade ( Priority Item 13) and dedicate the proposed ARPA funds for projects determined at a later time.
Substitute motion failed 2 — 3 ( In favor: Silva, Zahra).
Original motion carried 4 — 1 ( Opposed: Silva).
Silva moved, seconded by Zahra, to approve Fullerton Series Lighting Replacement ( Priority Item 14) funding.
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 8
Motion failed 2 — 3 ( In favor: Silva, Zahra).
Silva moved to put Perimeter Security Fencing at
Independence Park Swim Complex ( Priority Item 16) on hold and direct funds towards education assistance and healthy childcare. Motion failed for lack of a second.
Jung moved, seconded by Dunlap, to not fund Perimeter
Security Fencing at Independence Park Swim Complex
Priority Item 16) at this time and complete all Independence Park improvements at the same time in the future.
Motion carried 4 — 1 ( Opposed: Zahra).
Zahra moved, seconded by Silva, to approve Utility Subsidy Program ( Priority Item 17) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Jung moved, seconded by Silva, to approve re -instatement of non -regular staffing for passport services ( Priority Item 18) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Dunlap moved, seconded by Silva, to continue Children
Services Librarian ( Priory Item 19) and Library Employee Re - Instatement ( Priority Item 22) as part of the regular budget discussion.
Motion carried 5 — 0.
Silva moved, seconded by Jung, to approve Amerige Stadium Netting ( Priority Item 20) funding.
Motion carried 3 — 2 ( Opposed: Dunlap, Whitaker).
Zahra moved, seconded by Silva, to approve Swim Scholarship Funding for Disadvantaged Youth ( Priority Item 21) funding.
Motion failed 2 — 3 ( In favor: Silva, Zahra).
Silva moved, seconded by Zahra, to approve Water Main
Replacements funding.
Motion carried 3 — 2 ( No: Dunlap, Whitaker).
Dunlap moved, seconded by Whitaker, to approve Street
Rehabilitation ( Priority Item 2).
Motion carried 4 — 1 ( No: Silva).
Zahra moved, seconded by Jung, to authorize City Manager, or designee, to execute and administer agreements and issue purchase and change orders per City Council approved ARPA Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 9
Spending Plan in final form and within project and program budgets.
Motion carried 4 — 1 ( Opposed: Whitaker).
8: 17 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the regular session meeting and reconvened closed session meeting at 7:49 p. m.
Mayor / Chair Jung adjourned the closed session meeting at 8:17 p.m.
Fullerton City Council I Successor Agency Minutes
February 15, 2022 - Page 10