CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
april 19, 2022 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:04 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:04 p.m.
Zahra absent
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva
Absent: Zahra
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS – Closed Session
None.
FIREWORKS LOTTERY DRAWING
Lottery drawing conducted.
Jung moved, seconded by Silva, to add the following item to the Closed Session agenda as the need to act on the item arose after posting of the agenda and requires action before the next regular meeting:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
Motion carried 4 – 0 – 1 (absent: Zahra).
4:07 p.m.
RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:07 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Stephanie Stevenson v. City of Fullerton
Case Number: OCSC Case No. 30-2018-01039485
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8 Property: 340 West Commonwealth Avenue, Fullerton, California 92832 Agency Negotiator: Jeffrey W. Collier, Alice Loya
Negotiation parties: Boys and Girls Club
Under Negotiations: Price and Terms
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of case: Kelly Mcllravy v. City of Fullerton
Case number: OCSC Case No. 30-2018-01020650
(Added agenda item)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
5:14 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:14 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
april 19, 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 (arrived 5:54 p.m.)
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 Pastor Jay Wu, One Life City Church.
PLEDGE OF ALLEGIANCE led by Council Member Silva.
CLOSED SESSION REPORT
City Attorney Jones reported that during Closed Session, Jung moved, seconded by Silva, to publicly deliberate the JP 23 appeal. Motion carried 4 – 0 – 1 (Absent: Zahra).
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
1. CERTIFICATE: CSUF Men’s Basketball Team
2. PRESENTATION: Outgoing Commission and Committee Member Recognition
3. COMENDATION: Bill Griggs, Jr.
PUBLIC COMMENTS Regular Session
The following addressed City Council:
Tony Package spoke about Council Member conduct and lack of community events.
Curtis Gamble spoke about homeless issues.
Maureen Milton spoke about City Council meetings on election days.
Judith Kaluzny spoke about an encroachment at 100 North Harbor Boulevard.
Ilse Miranda spoke about Palm Gardens.
Bernard Oh spoke about the Mayor’s State of the City event.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS Acting City Manager Collier provided an update on issues arising during public comment.
Council Member Silva thanked staff for a successful Arbor Day event, hoped all had a happy Easter and Passover holiday and thanked all outgoing commissioners for their work.
Council Member Zahra spoke about Arbor Day and the Cal State Fullerton French Film festival.
Council Member Dunlap spoke about Love Fullerton Day.
Mayor Pro Tem Whitaker spoke about the American Revolutionary War and Arbor Day.
Mayor Jung spoke about water conservation and Love Fullerton Day.
Appointed
APPOINTMENTS
1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Dunlap moved, seconded by Zahra, to appoint James Ko to the Investment Advisory Committee - unexpired term ending December 31, 2022.
Motion carried 5 – 0.
CONSENT CALENDAR (Items 1-9)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1, 2, 3, 5, 6, 7, 8 and 9.
Motion carried 5 – 0
Approved
1. APRIL 5, 2022 MEETING MINUTES
Recommendation:
Approve April 5, 2022 City Council / Successor Agency Meeting Minutes.
Received and Filed
2. MARCH 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and Filed
3. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Approved
5. CALIFORNIA LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM - DIRECT PAYMENT AGREEMENT WITH HORNE LLP Recommendation:
Authorize City Manager, or designee, to execute Direct Pay Agreement with Horne LLP and sign all documents related to the California Low Income Household Water Assistance Program (LIHWAP).
Adopted
6. DONATION AND AVIATION FACILITIES INC. LEASE AMENDMENT NO. 5 TO PURCHASE EXISTING BUILDING Recommendation:
1. Adopt Resolution No. 2022-037.
RESOLUTION NO. 2022-037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO FBO LEASE WITH AVIATION FACILITIES INCORPORATED
2. Accept and appropriate receipt and use of donated funds to Project No. 49016 – AFI Building Renovation and authorize City Manager, or designee, to execute documents related to acceptance of $2.3 million donation.
3. Authorize budget adjustment to transfer appropriated project funds in Airport Fund (Fund 40) from Project No. 49009 - Airport Terminal / Admin Building Phase II to Project No. 49016 - AFI Building Renovation.
4. After receipt of donated funds, authorize City Manager, or designee, to execute all documents related to the acquisition of the building, in a for approved by City Attorney.
Approved
7. POLICE DEPARTMENT PATROL VEHICLES PURCHASE
Recommendation:
1. Award $166,386.27 contract to National Auto Fleet Group for three 2022 Ford Police Interceptor Utility Non-Hybrid with a “Slick Top” upfit option.
2. Award $110,172.45 contract to National Auto Fleet for two 2022 Ford Police Interceptor Utility Non-Hybrid with a “Patrol” upfit option.
Approved
8. POLICE DEPARTMENT HOT WATER BOILER REPLACEMENT
Recommendation:
1. Approve boiler replacement specifications.
2. Award $53,610.00 construction contract to replace two hot water boilers and associated work to Technical Air Corporation and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
3. Authorize Public Works Director, or designee, to approve any future change orders for construction within the project budget.
Approved
9. WEST VALENCIA DRIVE INFRASTRUCTURE IMPROVEMENTS (MAGNOLIA AVENUE TO GILBERT STREET) Recommendation:
1. Approve plans and specifications for the West Valencia Drive Infrastructure Improvements Project.
2. Approve the following budget appropriations in Project 44058 West Valencia Drive Infrastructure Improvements Project:
Transfer $1,140,000 RMRA / SB1 Funds from Project 44400 Annual Arterial Street Program to Project 44058 West Valencia Drive Infrastructure Improvements Project (Fund 74) Transfer $190,000 Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Program to Project 44058 West Valencia Drive Infrastructure Improvements Project (Fund 47).
3. Award construction contract for the West Valencia Drive Infrastructure Improvements Project to Palp, Inc DBA Excel Paving Company 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 – None
REGULAR BUSINESS (Items 10 – 11)
Adopted
10. COMPENSATION FOR EXECUTIVE EMPLOYEES AND CONFIDENTIAL / NONREPRESENTED EMPLOYEES Zahra moved, seconded by Silva, to adopt the following resolutions:
RESOLUTION NO. 2022-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2022-003 APPENDIX A, RELATING TO COMPENSATION FOR EXECUTIVE EMPLOYEES RESOLUTION NO. 2022-039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RELATING TO COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED EMPLOYEES AND SUPERSEDING RESOLUTION NO. 2021-39 Motion carried 5 – 0.
ITEMS REMOVED FROM CONSENT CALENDAR (taken out of agenda order) Approved
4. FIRST AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT CITY OF FULLERTON CHIEF OF POLICE (Item moved to regular business) Zahra moved, seconded by Silva, to authorize Mayor to execute proposed First Amendment increasing Police Chief Dunn’s base salary.
Motion carried 5 – 0.
Approved
11. FULLERTON POLICE DEPARTMENT POLICY 708 - MILITARY EQUIPMENT USE Dunlap moved, seconded by Silva, to approve Fullerton Police Department Policy 708 - Military Equipment Use.
Motion carried 5 – 0.
6:31 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 6:31 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
April 19, 2022 Page 1