NOTICE AND CALL OF SPECIAL CITY COUNCIL
MEETING
TO THE MEMBERS OF THE CITY COUNCIL OF
THE
CITY OF FULLERTON AND TO THE CITY CLERK
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Fullerton is hereby called for May 3, 2022 commencing at 3:30 p.m. in the Council Chambers 303 West Commonwealth Avenue, Fullerton, CA. The public and Council Members may participate remotely.
Said Special Meeting shall be held for the purposes described in the attached Exhibit A.
Fred Jung, Mayor
_4-26-2022______
Date
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19)
AND CITY COUNCIL MEETING PARTICIPATION
Zoom Meeting Details: www.zoom.us/join
Meeting ID: 978 4219 1797 Telephone Option: 1-669-900-9128 On October 5, 2021, City Council adopted Resolution No. 2021-73 which makes the legally required findings to continue to authorize remote m eeting participation for legislative body member s per Assembly Bill 361 . City Council will con tinue to make this findi ng every 30 days . S ome or all of the Fullerton City Council may participate in meetings via teleconference.
PUBLIC PARTICIP ATION: Members of the public can access meeti ngs streamed live o nline at https://fullerton.legistar.com, on Spectrum Cable Channel 3 and AT&T U-Verse Channel 99.
T
he Council Chamber will have seating available on a first -come, first-served basis for members of the public to attend the meeting in person. All persons visiting City facilities s hall observe health a nd safety protocols.
PUBLIC COMMENTS: In lieu of attendance at the City Council meeting, the public may make oral public comments via computer, smart device or telephone by following the instructions on the next page.
C
ORRESPONDENCE: T he public c an send correspondence to the City Council regarding agenda items by emailing [email protected] with the subject line “ CITY COUNCIL MEETING CORRESPONDENCE - ITEM #” ( insert the item number relevant to your comment) or “ CITY COUNCIL MEETING CORRESPONDENCE NON-AGENDA ITEM” or by clicking on the eComment link accompanying the agenda posted online at https://ful lerton.legistar.com. Staff will forward correspondence received to City Council. Correspondence is not read during public comment portion of the meeting. However, all c orrespondence received becomes part of the official record of the meeting . S taff posts correspondence online with t he meeting’s supplemental materials. Contact the City Clerk’s O ffice at [email protected] or (714)-738-6350 with any questions.
ACCESSIBILITY: If requested, staff will make the agenda and backup materials available in appropriate alternative f ormats to persons with a disability, as required by Section 202 of t he Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation in order to observe and/or offer public c omment may request such reasonable modification, accommodation, aid or service by contactin g th e City Clerk’s Office at [email protected] or by telephone at (714) 738 -6350 no later than 48 hours before the meeting.
INSTRUCTIONS FOR PUBLIC COMMENTS USING ZOOM
The public may remotely participate in the meeting to make or al public comment via computer, smart device or telephone.
Plea
se log on or call in as early as possible to address any technical issues that may occur and en sure you do not miss the time to speak on the desired item.
To log
into Zoom from your computer or smart device, follow these steps (Your device must have audio capability to participate.):
Go To: www.zoom.us/join
Enter Meeting ID: 978 4219 1797
To ca
ll into Zoom from your telephone, follow these steps:
Dial 1-669-900-9128 and press pound (#)
Enter Meeting ID: 978 4219 1797 (and press pound (#))
Optional: You may enter your name when prompted, but this is not required to participate. Staff will remove anyone entering names that violate community standards.
1. Use the “raise h and” function to join the queue to speak on the current agenda item when the Mayor calls the item for discussion.
Computer / Smart Device Users: You can find the raise hand option under your participant name.
Telephone U sers: P ress star-nine (*9) on your phone to raise your hand. Press star -six (*6) to unmute when it is your turn to address City Council.
Lower your hand if you chose not to speak or after you hav e made your comments by unchecking the raise hand option online.
2. Staff will call your name or the last four digits of your phone number when it is your time to speak.
3. Please state your name and city of residence at the beginning of your remarks for the minutes.
4. Speakers will have up to three minutes to make their remarks.
5. You may log off or hang up after making your comments.
DI
SCLAIMER: Participant names and/ or phone numbers will be visible to all participan ts. The City records all public meetings.
NO
TE: The Council Meeting video will not stream through the Zoom meeting. To view the meeting, please go to https://fullerton.legistar.com, Spectrum Cable Channel 3 or AT&T U-Verse Channel 99.
However, please listen to the audio of the m eeting though Zoo m as you wai t for your turn to speak.
The video stream has up to a 30 second delay and you may miss your turn to spe ak if you are not listening through the Zoom app.
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - MAY 3, 2022
303 West Commonwealth Avenue, Fullerton, California
MEETINGS: The Fullerton City Council / Successor Agency meets on the first and third Tuesday of the month, convening for First Session at 4:00 p.m. and Second Session at 5:30 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. The public may request City Council remove consent items for further discussion during Public Comments. 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 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: See special notice regarding Coronavirus (COVID-19) and City Council meeting participation for instructions to participate in the meeting. 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. 2022-13 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
SPECIAL MEETING AGENDA
MAY 3, 2022 - 3:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - Special Meeting
City Council / Successor Agency will hear public comments on matters appearing on the Special Meeting agenda.
REGULAR BUSINESS
JP23 / POOZHIKALA BROWN ACT VIOLATION CLAIMS1.
Request for City Council action relating to prior City Council proceedings regarding the entertainment permit appeal of JP23 / Jacob Poozhikala.
Recommendation:
Rescind prior deliberations and action on the entertainment permit appeal on December 21, 2021 in closed session. Conduct deliberations and a decision again on the entertainment appeal, in open session. Reaffirm that no discussion, deliberations, hearing or actions occurred or were taken relating to the appeal on January 18, 2022.
ADJOURN SPECIAL MEETING
Adjourn to City Council / Successor Agency Closed Session meeting at 4:00 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
CLOSED SESSION AGENDA
MAY 3, 2022 - 4:00 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT - 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 Police Officers’ Association - Public Safety Unit and Dispatcher Unit, Fullerton Police Management
Association
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 291 South Basque Avenue, Fullerton, CA (APN Nos: 029-032-20 and 029-032-21)
Agency Negotiator: Acting City Manager Jeffrey W. Collier Negotiating Parties: Heritage Futures / Arts OC
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
3. Significant Exposure to Litigation: One Case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
4. Property: 100 North Harbor Boulevard, Fullerton, CA
Agency Negotiator: Jeffrey W. Collier, Scott Porter
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Fullerton City Council | Successor Agency Agenda
Negotiating Parties: Michael Torres
Under Negotiations: Price and Terms
ADJOURN CLOSED SESSSION
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
MAY 3, 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
PROCLAMATION: Drinking Water Week1.
PROCLAMATION: Public Works Week2.
PROCLAMATION: Baby Yoda Appreciation Day3.
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 - 7)
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.
APRIL 19, 2022 AND APRIL 26, 2022 MEETING MINUTES1.
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Fullerton City Council | Successor Agency Agenda
Recommendation:
Approve April 19, 2022 City Council / Successor Agency Meeting Minutes and April 26, 2022 Special City Council / Successor Agency Meeting Minutes.
TREASURER’S REPORT FOR QUARTER ENDED MARCH 31, 20222.
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
SPECTRUM PACIFIC WEST CABLE LEASE AGREEMENT AMENDMENT FOR 2011 NORTH ACACIA AVENUE HUBERT C. FERRY RESERVOIR
4. Recommendation:
1. Approve First Amendment to the lease agreement with Spectrum Pacific West LLC with an effective date of January 1, 2022, in a form approved by the City Attorney.
2. Authorize City Manager, or designee, to execute and administer lease agreement on behalf of the City of Fullerton, in a form approved by the City Attorney.
JUANITA COOKE TRAIL IMPROVEMENTS (BASTANCHURY ROAD TO LAGUNA ROAD)
5. Recommendation:
Reject all construction bids and direct staff to revise project scope.
CHRISTLIEB WELL 15A REHABILITATION6.
Recommendation:
1. Approve specifications for Christlieb Well 15A Rehabilitation project.
2. Approve the following budget adjustments:
· Transfer $200,000 Water Funds from Project 53010 Water Well Rehabilitation to Project 53034 Christlieb Well 15A Rehabilitation (Fund 44) · Appropriate $490,000 Water Funds from Water Fund balance to Project 53034 Christlieb Well 15A Rehabilitation (Fund 44).
3. Award $357,550 construction contract for the Christlieb Well 15A Rehabilitation project to Best Drilling and Pump, Inc. and authorize City Manager, or designee, to execute contract, in a form approved by the City Attorney.
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Fullerton City Council | Successor Agency Agenda
4. Award $82,130 inspection contract for Christlieb Well 15A Rehabilitation project to JIG Consultants and authorize Public Works Director, or designee, to execute contract, in a form approved by the City Attorney.
5. 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.
MARION AREA INFRASTRUCTURE IMPROVEMENTS7.
Recommendation:
1. Approve plans and specifications for Marion Area Infrastructure Improvements project.
2. Approve the following budget appropriations:
· Appropriate $2,352,000 Water Funds from Water Fund balance to Project 53021 Marion Area Infrastructure Improvements (Fund 44) · Transfer $367,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Project to Project 53021 Marion Area Infrastructure Improvements (Fund 47)
· Transfer $852,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 53021 Marion Area Infrastructure Improvements (Fund 74) · Transfer $16,000 Drainage Capital Outlay Funds from Project 52591 Annual Storm Drain Repair to Project 53021 Marion Area Infrastructure Improvements (Fund 74).
3. Award $3,222,346 construction contract for the Marion Area Infrastructure Improvements Project to Lucas Builders, 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.
PUBLIC HEARINGS (Item 8)
Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2022-23
ANNUAL ACTION PLAN
8. Jurisdictions receiving U .S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program funding must submit a Consolidated Submission for Community Planning and Development Programs every five years.
1. Approve 2022-23 Annual Action Plan and authorize staff to submit documents to HUD for approval by the HUD due date.
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2. Authorize Director of Community and Economic Development, or designee, to execute 2022-23 CDBG agreements with non-profits and City Departments.
REGULAR BUSINESS (Items 9 - 12)
PARKS AND RECREATION DEPARTMENT COST RECOVERY BLUEPRINT9.
The Parks and Recreation Department has created an annual budget development blueprint for rebuilding the department to provide an efficient cost recovery program to restore and expand services to the community. The blueprint anticipates an increase in the department’s cost recovery, from the current 40% to 85%, within in the next four years.
Recommendation:
Provide direction to develop and implement the Blueprint for Cost Recovery upon City Council approval.
TREASURY - ENHANCED CASH PORTFOLIO10.
City Council ratification of an enhanced cash portfolio with Public Trust Advisors, to supplement the City ’s investment of operating capital in the state Local Agency Investment Fund (LAIF). The Investment Advisory Committee received a presentation of new enhanced cash portfolio on April 21, 2022 and voted to support this recommendation.
Recommendation:
1. Ratify investment in enhanced cash portfolio.
2. Ratify authorization of City Treasurer / Director of Administrative Services to manage and administer enhanced cash portfolio.
REDISTRICTING ADVISORY COMMISSION RESTRICTIONS11.
Options for in -service and post -commission restrictions on redistricting advisory commission membership.
Recommendation:
Provide direction for future commission member restrictions.
FIRE CHIEF EMPLOYMENT AGREEMENT12.
Proposed employment agreement with Adam Loeser to serve as City of Fullerton Fire Chief for City Council consideration and authorization.
Recommendation:
Authorize City Manager to execute proposed employment agreement between City of Fullerton and Adam Loeser, in a form approved by the City Attorney.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, May 17, 2022
• PERSONNEL MANAGEMENT SYSTEM CHANGES
• LEVEL 2 WATER SHORTAGE DECLARATION
• M2 ELIGIBILITY RENEWAL
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Fullerton City Council | Successor Agency Agenda
• INSURANCE RENEWAL
• PROFESSIONAL SERVICE AGREEMENTS FOR DEVELOPMENT SERVICES • EES AMENDMENT
• AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION
• COMMITTEE ACTIVITY REPORT
• DISH WIRELESS AGREEMENT
• PUBLIC WORKS FEE STUDY
• SB 9 ORDINANCE
• THE PINES AT SUNRISE VILLAGE DEVELOPMENT
• SHORT TERM LODGING USES PERMITTED IN SPECIFIC PLAN DISTRICTS • COMMITTEE BUSINESS CARDS
Tuesday, June 7, 2022
• SENIOR TRANSPORTATION CONTRACT
• CALL NOVEMBER 2022 ELECTION
• AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION
• TELECOM ORDINANCE UPDATES
• FSD JOINT USE AGREEMENT FOR FIELDS
• FISCAL YEAR 2022 23 BUDGET ADOPTION
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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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