CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
march 15, 2022 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:00 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:00 p.m.
All Present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker (arrived 4:04 p.m.), Council / Agency Members Dunlap (arrived 4:08 p.m.), 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.
4:01 p.m.
RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:01 p.m.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 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
2. PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1) Title: City Manager
3. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: City Manager, Deputy City Manager, Interim Director of Community and Economic Development, Interim Director of Human Resources
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: Four Cases
5:20 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:20 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
march 15, 2022 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:30 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:30 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 INVOCATION given by given by Police Chaplain John Schaefer.
PLEDGE OF ALLEGIANCE led by Council Member Silva.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
PUBLIC COMMENTS Regular Session
The following addressed City Council:
Tony Package, Fullerton, spoke about redistricting and ARPA funding.
Maureen Milton spoke about masks in Council Chambers.
Janet Buzan, Fullerton Museum Center, asked why City Council continued the Fullerton Museum item.
Julio Blanquel, Fullerton, spoke about safety issues in the SoCo District.
Curtis Gamble spoke about homeless funding.
Bernard Oh spoke about outsourcing Library services.
The following addressed City Council via Zoom:
Diane Vena, Fullerton, spoke about redistricting.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS Council Member Dunlap wished CSUF luck in the March Madness Tournament.
Council Member Zahra spoke about the Young Woman of the Year award.
Mayor Pro Tem Whitaker recognized National Ground Water Awareness week.
Mayor Jung thanked Representative Young Kim for securing funding for Project HOPE, thanked the staff and volunteers involved with Project HOPE and wished all a Happy St. Patrick’s Day.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 – 12)
Dunlap moved, seconded by Silva, to approve Consent Calendar Items.
Motion carried 5 – 0 (Council Member Zahra recused from Item 10 and in opposition to Item 12).
Approved
1. MARCH 1, 2022 AND MARCH 8, 2022 MEETING MINUTES
Recommendation:
Approve March 1, 2022 City Council / Successor Agency Meeting Minutes and March 8, 2022 Special City Council Meeting Minutes.
Approved
2. FEBRUARY 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. 2022019.
RESOLUTION NO. 2022019 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.
Approved
5. FEDERAL AVIATION ADMINISTRATION AIRPORT GRANTS UNDER THE BIPARTISAN INFRASTRUCTURE LAW PROGRAM 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).
Approved
6. FISCAL YEAR 2020 ASSISTANCE TO FIREFIGHTERS GRANT PAYMENT PROGRAM 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.
Adopted
7. OUTDOOR EQUITY GRANTS PROGRAM APPLICATION
Recommendation:
Adopt Resolution No. 2022020.
RESOLUTION NO. 2022020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS APPLICATION Adopted
8. NO STOPPING ANYTIME PARKING RESTRICTION REPEAL – ROSECRANS AVENUE Recommendation:
Adopt Resolution No. 2022021.
RESOLUTION NO. 2022-021 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 Adopted
9. OLIVE AVENUE (NICOLAS JUNIOR HIGH SCHOOL) TRAFFIC SAFETY ENHANCEMENTS Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022022 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. 2022023 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. 2022024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE INSTALLATION OF ALLWAY STOP CONTROL AT THE INTERSECTION OF OLIVE AVENUE AND CITRUS AVENUE Adopted
10. HIGHLAND AVENUE TRAFFIC SAFETY AND PARKING ENHANCEMENTS Recommendation:
1. Adopt Resolution No. 2022025.
RESOLUTION NO. 2022025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE INSTALLATION OF AN ALLWAY 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.
Approved
11. EUCLID STREET IMPROVEMENTS (FERN TO BASTANCHURY)
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:
· 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.
Adopted
12. INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT AND INTERIM DIRECTOR OF HUMAN RESOURCES EMPLOYMENT AGREEMENTS Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022-026 - 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. 2022-027 - 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)
Approved
13. TEMPORARY OUTDOOR DINING PROGRAM
The following addressed City Council:
Maureen Milton, Fullerton, supported re-routing the bicycle lane to keep the Walk on Wilshire.
Curtis Gamble suggested moving slowly with changes to this program.
The following addressed City Council via Zoom:
Diane Vena supported continuing the outdoor dining program.
Jane Reifer said the outdoor dining program has a negative impact on pedestrians and bicycle riders.
Curt Johnston spoke in support of retaining the outdoor dining program.
Doug Cox supported extending the outdoor dining program.
Dunlap moved, seconded by Silva, to extend the Temporary Outdoor Dining program on private property through September 30, 2022 for businesses that apply for an outdoor dining permit by June 13, 2022. Businesses that do not apply for an outdoor dining permit by June 13, 2022 shall cease outdoor operations and remove all outdoor dining equipment.
Motion carried 5 – 0.
Silva moved, seconded by Dunlap, to allow temporary outdoor dining on public parking lots, charging users at the current rate, through September 30, 2022 for businesses that apply for an outdoor dining permit by June 13, 2022. Businesses that do not apply for an outdoor dining permit by June 13, 2022 shall cease outdoor operations and remove all outdoor dining equipment.
Motion carried 5 – 0.
Zahra moved, seconded by Dunlap, to extend the temporary closure of Wilshire to allow temporary outdoor dining through September 30, 2022 for businesses that apply for an outdoor dining permit by June 13, 2022.
Motion carried 4 – 1 (No: Jung).
Approved
14. PROPOSED ADDITIONAL 2.5% BUDGET REDUCTIONS
The following addressed City Council:
Bernard Oh, Fullerton, asked City Council to not cut police positions.
Egleth Nuncci, Fullerton, spoke in support of public safety.
Curtis Gamble, Fullerton, suggested contracting with the Orange County Sheriff Department.
Carime (no last name provided) spoke in support of public safety.
Diane Vena asked why the Mayor said the City is hiring staff.
The following addressed City Council via Zoom:
Jane Rands spoke about the need for park maintenance and library services and using social workers in the Police Department.
Silva moved, seconded by Zahra, to direct staff to cut budgets by 1.5%.
Motion failed 2 – 3 (In favor: Silva, Zahra).
Dunlap moved, seconded by Whitaker, to ratify the proposed 2.5% budget reductions.
Motion carried 3 – 2 (Opposed: Silva, Zahra).
Adopted
15. PENSION OBLIGATION BONDS VALIDATION PROCEEDING
Silva moved, seconded by Zahra, to:
1. Adopt Resolution No. 2022028.
RESOLUTION NO. 2022028 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.
Motion carried 3 – 2 (Opposed: Dunlap, Whitaker).
Continued
16. MUSEUM OPERATION AGREEMENT AMENDMENT REQUEST
Item continued.
Continued
17. MAPLE AND GILBERT NEIGHBORHOOD CENTER LEASE AGREEMENTS Item continued.
Approved
18. PROFESSIONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS, INC. TO EVALUATE OCFA PROPOSAL Zahra moved, seconded by Jung, to:
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.
Motion carried 3 – 2 (No: Dunlap, Whitaker).
Adopted
19. CONSIDERATION OF TENTATIVE AGREEMENTS BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION, THE CITY OF FULLERTON AND THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION, AND THE CITY OF FULLERTON AND THE FULLERTON MANAGEMENT ASSOCIATION Silva moved, seconded by Zahra, to:
Adopt the following resolutions:
RESOLUTION NO. 2022029 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. 2022030 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. 2022031 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 Motion carried 4 – 1 (Opposed: Dunlap).
Approved
20. CITY MANAGER EMPLOYMENT AGREEMENT AND CITY COUNCIL APPOINTED SALARY SCHEDULE Zahra moved, seconded by Dunlap, to:
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. 2022-032.
RESOLUTION NO. 2022-032 - 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 Motion carried 5 – 0.
8:25 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:25 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
March 15, 2022 Page 1