303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - MARCH 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
MARCH 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
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
1. Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Firefighter ’s Association, Fullerton Police Management Association
Unrepresented Employees: Confidential / Nonrepresented
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1)2.
Title: City Manager
PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1)3.
Title: City Manager, Deputy City Manager, Interim Director of Community and Economic Development, Interim Director of Human Resources CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
4. Significant Exposure to Litigation: Four Cases
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
MARCH 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 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 their 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 - 12)
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.
MARCH 1, 2022 AND MARCH 8, 2022 MEETING MINUTES1.
Recommendation:
Approve March 1, 2022 City Council / Successor Agency Meeting Minutes and March 8, 2022 Special City Council Meeting Minutes.
FEBRUARY 2022 CHECK REGISTER2.
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Recommendation:
Receive and file.
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
3. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - 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.
FEDERAL AVIATION ADMINISTRATION AIRPORT GRANTS UNDER THE
BIPARTISAN INFRASTRUCTURE LAW PROGRAM
5. Recommendation:
1. Apply for and accept $295,000 FAA Airport BIL grant award and authorize City Manager, or designee , to execute all documents related to grant application and administration.
2. Authorize appropriation of receipt and use of awarded FAA Airport BIL Grant funds to the Airport Enterprise Fund.
3. Authorize staff to apply for future FAA Airport BIL Grant(s).
FISCAL YEAR 2020 ASSISTANCE TO FIREFIGHTERS GRANT PAYMENT
PROGRAM
6. Recommendation:
1. Ratify grant with the Federal Emergency Management Agency, Assistance to Firefighters Grant application.
2. Accept $108,852.22 grant award and appropriate receipt and use of in Grant Fund (Fund 32).
3. Authorize City Manager, or designee, to make budget and accounting adjustments necessary to support replacement of the source capture exhaust system.
OUTDOOR EQUITY GRANTS PROGRAM APPLICATION7.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING THE OUTDOOR EQUITY GRANTS March 15, 2022 - Page 4
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PROGRAM GRANT FUNDS APPLICATION
NO STOPPING ANYTIME PARKING RESTRICTION REPEAL - ROSECRANS AVENUE
8. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REPEALING A PORTION OF RESOLUTION NO. 6666
PERTAINING TO NO STOPPING ANYTIME ROSECRANS AVENUE
OLIVE AVENUE (NICOLAS JUNIOR HIGH SCHOOL) TRAFFIC SAFETY
ENHANCEMENTS
9. Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING “NO PARKING STUDENT LOADING / UNLOADING” ON THE SOUTH SIDE OF OLIVE AVENUE WEST OF CITRUS AVENUE RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING “NO PARKING STUDENT LOADING / UNLOADING” ON THE NORTH SIDE OF OLIVE AVENUE EAST OF CITRUS AVENUE RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, AUTHORIZING THE INSTALLATION OF ALL -WAY
STOP CONTROL AT THE INTERSECTION OF OLIVE AVENUE AND CITRUS AVENUE HIGHLAND AVENUE TRAFFIC SAFETY AND PARKING ENHANCEMENTS10.
Recommendation:
1. Adopt Resolution No. 2022-XX.
RESOLUTION NO. 2022-XX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE INSTALLATION OF AN
ALL-WAY STOP CONTROL AT THE INTERSECTION OF HIGHLAND AVENUE AND
BAKER AVENUE
2. Approve implementation of various traffic safety and parking enhancements on Highland Avenue south of Orangethorpe Avenue as recommended by the City Traffic Engineer.
EUCLID STREET IMPROVEMENTS (FERN TO BASTANCHURY)11.
Recommendation:
1. Approve plans and specifications for the Euclid Street Improvements Project - Fern to Bastanchury.
2. Approve the following appropriations in Project 44048 Euclid Street Improvements Project:
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· Transfer $1,900,000 RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44048 Euclid Street Improvements Project (Fund 74). · Transfer $70,000 Drainage Capital Outlay Funds from Project 52591 Annual Storm Drain Repair to Project 44048 Euclid Street Improvements Project (Fund 74).
3. Award $1,599,338.70 construction contract for the Euclid Street Improvements Project to Towo Enterprise Inc. 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.
INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT AND
INTERIM DIRECTOR OF HUMAN RESOURCES EMPLOYMENT AGREEMENTS
12. Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING AN AGREEMENT RETAINING GREG
PFOST AS THE INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h)
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING AN AGREEMENT RETAINING EDDIE
MANFRO AS THE INTERIM DIRECTOR OF HUMAN RESOURCES IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h)
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 13 - 20)
TEMPORARY OUTDOOR DINING PROGRAM13.
Consideration of Temporary Outdoor Dining Program termination which City Council designated to sunset on March 21, 2022. Should City Council terminate the Temporary Outdoor Dining Program, businesses would have until June 13, 2022 to cease outdoor operations and remove the temporary structures. Staff also requests direction on the Walk on Wilshire Street Closure Outdoor Dining project.
Recommendation:
1. Ratify Temporary Outdoor Dining program termination effective March 21, 2022.
2. Authorize City Manager, or designee, to work with businesses through June 13, 2022 to cease outdoor operations and remove temporary structures.
3. Provide direction related to the Walk on Wilshire (WOW) Street Closure per the following options:
a. Eliminate the temporary outdoor dining program on WOW effective June 13, 2022, March 15, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
with area restored to prior condition by that date thereby reopening Wilshire to traffic.
or
b. Extend the temporary closure of Wilshire on an interim basis thereby continuing to allow temporary outdoor dining on WOW for an additional 12-month period while the City evaluates adding a temporary bike lane at an initial cost of $25,000. This option requires a commitment from at least three businesses to initiate applying for an Encroachment Agreement and related permits per the City ’s established permanent outdoor dining / retail program.
or
c. Move to permanently close Wilshire to traffic which would necessitate unknown capital improvements and will require future City Council action on the design of the closure and budget appropriation to permanently close Wilshire.
PROPOSED ADDITIONAL 2.5% BUDGET REDUCTIONS14.
Proposed additional 2.5% budget reductions submitted for City Council consideration.
Recommendation:
1. Provide direction with respect to the proposed additional 2.5% budget reductions. or
2. Ratify the proposed additional 2.5% budget reductions.
PENSION OBLIGATION BONDS VALIDATION PROCEEDING15.
Consideration of a resolution to approve and authorize judicial validation proceedings including related legal documents, a Professional Services Agreement with Urban Futures, Inc. to incorporate pension analysis services and a budget appropriation request for related actions.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA AUTHORIZING THE ISSUANCE OF BONDS
TO REFUND CERTAIN PENSION OBLIGATIONS OF THE CITY, APPROVING THE
FORM AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT AND
PURCHASE CONTRACT, AUTHORIZING JUDICIAL VALIDATION PROCEEDINGS
RELATING TO THE ISSUANCE OF SUCH BONDS AND APPROVING ADDITIONAL
ACTIONS RELATED THERETO
2. Authorize City Manager, or designee, to execute and administer Professional Services Agreement with Urban Futures, Inc. and any extensions, in a form approved by City Attorney.
3. Approve $50,500 appropriation from General Fund for pension analysis, validation proceedings and other costs.
MUSEUM OPERATION AGREEMENT AMENDMENT REQUEST16.
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The Parks and Recreation Department is finalizing a memorandum of understanding with the Fullerton Museum Center Association (FMCA) permitting the FMCA to hire Museum staff.
Recommendation:
Authorize City Manager, or designee, to negotiate, enter into, execute and administer a memorandum of understanding with the Fullerton Museum Center Association permitting the FMCA to hire Museum staff, in a form approved by the City Attorney.
MAPLE AND GILBERT NEIGHBORHOOD CENTER LEASE AGREEMENTS17.
The Parks and Recreation Department solicited Request for Bids (RFB) from partners interested in leasing park neighborhood centers and recreation facilities to provide programming and services. The Parks and Recreation Commission recommends awarding lease agreements for the Maple Neighborhood Center to the Friendly Center and Gilbert Neighborhood Center to OC United.
Recommendation:
1. Approve lease agreements, in substantially the form as attached and in such final form as approved by the City Attorney, with the Friendly Center, Inc. for the Maple Neighborhood Center and OC United Together, Inc. for the Gilbert Neighborhood Center to provide neighborhood services to the surrounding communities as recommended by the Parks and Recreation Commission.
2. Authorize City Manager, or designee, to execute and administer the Maple Neighborhood Center and Gilbert Neighborhood Center lease agreements and all documents related to the lease agreements including options to extend, in a form approved by the City Attorney.
PROFESSIONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS, INC. TO EVALUATE OCFA PROPOSAL
18. Professional Services Agreement with Management Partners, Inc. for analysis and cost comparison of Orange County Fire Authority proposal.
Recommendation:
1. Approve Professional Services Agreement with Management Partners, Inc. and authorize City Manager, or designee, to execute and administer the agreement, in a form approved by City Attorney.
2. Appropriate $74,900 from the General Fund to cover cost of consulting services.
TENTATIVE AGREEMENTS BETWEEN THE CITY OF FULLERTON AND
FULLERTON FIRE MANAGEMENT ASSOCIATION, THE FULLERTON MUNICIPAL
EMPLOYEES FEDERATION AND FULLERTON MANAGEMENT ASSOCIATION
19. Proposed Memorandums of Agreement (MOA) between the City of Fullerton (City) and 1) Fullerton Fire Management Association (FFMA), 2) Fullerton Municipal Employees Federation (FMEF) and 3) Fullerton Management Association (FMA) reflecting tentative agreement on wages, hours and working conditions for City Council consideration.
Recommendation:
Adopt the following resolutions:
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RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE FULLERTON MANAGEMENT ASSOCIATION
CITY MANAGER EMPLOYMENT AGREEMENT AND CITY COUNCIL APPOINTED
SALARY SCHEDULE
20. An employment agreement with Eric Levitt on the terms of his employment as Fullerton City Manager and ratification of a City Council Appointed Salary Schedule.
Recommendation:
1. Authorize the Mayor to execute an Employment Agreement appointing Eric Levitt as City Manager effective May 10, 2022 and setting forth terms and conditions of employment.
2. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING A SALARY SCHEDULE FOR
CITY COUNCIL APPOINTED POSITIONS IN ACCORDANCE WITH THE REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, March 29, 2022
• REDISTRICTING PUBLIC HEARING
Tuesday, April 5, 2022
• PROCLAMATION: ARAB AMERICAN HERITAGE MONTH
• DISH WIRELESS AGREEMENT
• CHARTER COMMUNICATIONS AGREEMENT RENEWAL
• HOUSING ELEMENT ANNUAL IMPLEMENTATION REPORT
• AIRPORT SIGNAGE AND LANDSCAPE IMPROVEMENTS
• HIDDEN LAKES AREA WATER MAIN REPLACEMENT
• COMMITTEE RULES OF PROCEDURE
• AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION
• PUBLIC WORKS FEE STUDY
• WATER RATE PROGRESS REPORT 2021
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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