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 Per Government Code Section 54957(b)(1) Title: City Manager
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
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. _____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
FEBRUARY 15, 2022 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:37 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:37 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, Fire Marshal Kathy Schaefer INVOCATION given by Shaykh Mustafa Umar, Islamic Institute of Orange County Director of Education and Outreach.
PLEDGE OF ALLEGIANCE led by Council Member Dunlap.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS (Taken out of agenda order)
PRESENTATION: Orange County Housing Funding Trust
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. 2022014.
RESOLUTION NO. 2022014 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 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. 2022015.
RESOLUTION NO. 2022015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR DESIGNEE, TO EXECUTE AGREEMENTS, RIGHTOFWAY 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:
Adopt Resolution No. 2022016.
RESOLUTION NO. 2022016 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 STATEOPERATED VETERANS CEREMONY IN ORANGE COUNTY Recommendation:
1. Discuss Assembly Bill 1595 (QuirkSilva).
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. NUTWOODYALE AREA STREET IMPROVEMENTS
Recommendation:
1. Approve plans and specifications for NutwoodYale 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 NutwoodYale Area Street Improvements Project (Fund 74). · Transfer$1,000,000 RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44053 NutwoodYale Area Street Improvements Project (Fund 74).
3. Award $1,397,367 construction contract for the NutwoodYale 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 / 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)
Direction provided
14. FY 202223 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.
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 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. _____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
February 15, 2022 Page 1