CITY OF FULLERTON
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SEPTEMBER 21, 2021 — 5: 00 P. M.
Council Chamberc'
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303 West Commonwealth Avenue
Fullerton, California
5: 03 p. m. CALL TO ORDER
Mayor / Chair Whitaker called the meeting to order at 5:03 p.m.
All Present ROLL CALL
Present: Mayor / Chair Whitaker, Mayor Pro Tern / Vice
Chair Dunlap, Council / Agency Members Jung,
Silva, Zahra ( via teleconference)
Absent: None
Staff Present: Acting City Manager Steve Danley, City Attorney Richard D. Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
None.
5:06 p.m. RECESS to Closed Session
Mayor / Chair Whitaker recessed to Closed Session at 5:06 p.m.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY
NEGOTIATOR - Per Government Code Section 54956. 8
Property. Fullerton Museum Center, 301 North
Pomona Avenue, Fullerton CA ( APN.
033- 012- 18)
Agency Negotiator: Steve Danley, Acting City Manager
Negotiating Parties: Fullerton Museum Center Association Under Negotiations: Price and Terms
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9( d)( 2) Significant Exposure to Litigation: One Case
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September 21, 2021 - Page 1
3. PUBLIC EMPLOYMENT Per Government Code Section
54957( b)( 1)
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR Per
Government Code Section 54957. 6.
Agency Representative/ s: Jay Trinnaman, Eddie Manfro
and Laura Giannetti- Mercer
Employee Organization/ s: Fullerton Municipal Employees Federation, Fullerton
Management Association,
Fullerton Firefighter Association,
Fullerton Fire Management
Association
Under Discussion: Parameters of authority for
negotiating salaries, benefits
and working conditions.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9( d)( 2) Significant Exposure to Litigation: One Case
6:20 p.m. ADJOURN CLOSED SESSION
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Mayor / Chair Whitaker adjourned the meeting at 6:20 p.m.
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Bruce Whitaker
Mayor
Fullerton City Council I Successor Agency Minutes
September 21, 2021 - Page 2
CITY OF FULLERTON
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CITY COUNCIL / SUCCESSOR AGENCY
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REGULAR MEETING MINUTESa O
SEPTEMBER 21, 2021 — 6: 30 P. M.
Council Chamberc'
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303 West Commonwealth Avenue
Fullerton, California
6: 32 p. m. CALL TO ORDER
Mayor / Chair Whitaker called the meeting to order at 6:32 p.m.
All Present ROLL CALL
Present: Mayor / Chair Whitaker, Mayor Pro Tern / Vice Chair Dunlap, Council / Agency Members Jung, Silva,
Zahra ( via teleconference)
Absent: None
Staff Present: Acting City Manager Steve Danley, City Attorney Richard D. Jones, City Clerk Lucinda Williams,
Acting Director of Community and Economic
Development Greg Pfost, Police Captain Jose
Arana, Fire Chief Adam Loeser
INVOCATION given by John Schaefer, EV Free Church.
PLEDGE OF ALLEGIANCE led by CouncilMemberJung.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT PURSUANT TO
FMC 2. 33. 040 - TRANSPARENCY AND
ACCOUNTABILITY IN LABOR NEGOTIATIONS
Council Member Silva reported he spoke with representatives of OCEA and the Fullerton Firefighter' s Association.
Council Member Jung reported he spoke with representatives of the Police and Fire unions.
Council Member Zahra reported he spoke with representatives of the Fullerton City Council I Successor Agency Minutes
September 21, 2021 - Page 3
Fullerton Firefighters' Association.
Mayor Whitaker reported he received a text message from the Fullerton Firefighters Association President.
Presented PRESENTATIONS
1. PRESENTATION: Fire Personnel Distinguished Service
Awards
2. PROCLAMATION: Library Card Sign -Up Month
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
Todd Harrison, Fullerton, spoke about Rancho La Paz.
Paulette Chaffee, Fullerton, spoke about World Kindness Day.
Tony Package, Fullerton, spoke about the City' s budget discussions.
David Mallonee spoke about the City' s budget.
Joshua Gonzalez spoke about the City' s budget.
Ed Vargas, FMEF President, spoke about the City' s budget.
Leanna Forcucci, CF Dance Academy, spoke about a recent Academy event.
Laura Belonax, Fullerton Alano Club, spoke about a meeting location for the club.
Jan Blumfeld, Fullerton Alano Club, spoke about a meeting location for the club.
Eddie Carmona spoke about upcoming events sponsored by
Assembly Member Quirk -Silva.
Jose Trinidad Castaneda spoke about Pacific Drive Park, e-mobility and JP23.
Egleth Nuncci spoke in support of City parks and City staff.
Mike Rodriguez spoke about Hector Hernandez and redistricting.
Bernard Oh, Fullerton, spoke about council member
communications and priorities.
The following addressed City Council via Zoom:
Sam And reano spoke about ADUs.
Diane Vena, Fullerton, spoke about a proposed project at 1600 West Commonwealth.
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CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
Council Member Silva asked about California Workforce Housing, the Thursday Market, Hispanic Heritage Month and electric airplanes at the Fullerton Airport.
Council Member Jung noted the passing of Marc Hanson, recognized Chuseok ( Korean Thanksgiving), Rosh Hashanah, Yom Kippur, Hispanic Heritage Month and Suicide Prevention Awareness Month and spoke about California poverty statistics, drought conditions and Covid vaccinations.
Council Member Zahra said he is home ill and participating in this meeting remotely.
Mayor Pro Tern Dunlap spoke about accessory dwelling units and short term rentals, encouraged the public to contact him about erroneous parking tickets and commented on Tommy Lasorda Day.
Mayor Whitaker spoke about the Fullerton Arboretum, water issues, new Sister City Tollo, Italy and Tommy Lasorda Day.
APPOINTMENTS
None.
CONSENT CALENDAR
None.
PUBLIC HEARINGS ( Item 1)
Adopted 1. ENERGY SERVICES AGREEMENT FOR INFRASTRUCTURE
MODERNIZATION AT VARIOUS CITY OWNED FACILITIES
AND PROPERTIES
Mayor Whitaker opened the public hearing at 8: 19 p.m.
The following made public comments:
Jose Trinidad Castaneda spoke in support of this item.
Jenni Matti asked if this item would create jobs.
Mayor Whitaker closed the public hearing at 8:24 p.m.
Dunlap moved, seconded by Silva, to:
1. Adopt Resolution 2021- 64.
RESOLUTION 2021- 64 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING AN ENERGY SERVICES AGREEMENT
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WITH NORESCO, LLC FOR THE DESIGN AND
CONSTRUCTION OF ENERGY EFFICIENCY
IMPROVEMENTS
2. Authorize Mayor to execute and City Manager, or designee, to administer an Energy Services Agreement with
NORESCO, LLC for infrastructure modernization at various City owned facilities and properties, in a form approved by the City Attorney.
3. Authorize Director of Administrative Services to obtain project financing for approved energy savings projects.
4. Authorize Director of Public Works to approve any future change orders or purchase orders for construction and
professional services within the approved project budget.
Motion carried 5 — 0.
REGULAR BUSINESS ( Items 2 - 19)
Adopted 2. REDISTRICT FULLERTON - REDISTRICTING ADVISORY
COMMISSION FORMATION
The following made public comments:
Jonathan Paik spoke in support of an independent
redistricting commission.
Kitty Jaramillo spoke in support of an independent
redistricting commission.
Jane Rands spoke about the proposed timeline.
Jose Trinidad Castaneda spoke in support of an equitable map.
Miguel Alvarez spoke in support of an equitable process.
Ameena Qazi spoke in support of an independent redistricting commission.
Annaleti Hernandez, Fullerton, spoke in support of an
independent redistricting commission.
Karen Alvarado spoke in support of an independent
redistricting commission.
Harry Langenbacher, Fullerton, spoke in support of an
independent redistricting commission.
Susan Chang spoke in support of an independent redistricting commission.
Kayla Asato spoke in support of an independent redistricting commission.
Jeremy Sanchez, Fullerton, spoke in support of an
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independent redistricting commission.
Alma Chavez spoke in support of an independent redistricting commission.
Christopher Sanchez, Fullerton, spoke in support of an
independent redistricting commission.
Jeanette Vasquez spoke about displaced communities.
Egleth Nuncci, Fullerton, spoke in support of an independent redistricting commission.
The following addressed City Council via Zoom:
Tina Doung spoke in support of an independent redistricting commission.
Christine Lim spoke in support of an independent
redistricting commission.
Matt ( no last name given) spoke in support of an
independent redistricting commission.
Jenny Seon spoke in support of an independent redistricting commission.
Munish Bharadwaja, Fullerton, spoke in support of the
recommendation for this item.
Silva moved, seconded by Zahra, to direct staff to provide a comparison of the redistricting commission options at the October 5, 2021 City Council meeting.
Dunlap made a substitute motion, seconded by Whitaker, to proceed with the formation of a Redistricting Advisory
Commission.
Substitute motion carried 3 — 2 ( No: Silva, Zahra).
Original motion failed.
Jung moved, seconded by Silva, to:
1. Adopt Resolution No. 2021- 65 indicating that each City Council Member will directly appoint one member to the
Commission and then the five directly -appointed
commission members will appoint an additional two at - large commission members. All commission members will be 18
years or older.
RESOLUTION NO. 2021- 65 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ESTABLISHING A REDISTRICTING
ADVISORY COMMISSION AND APPROVING ITS
BYLAWS
2. Approve redistricting process timeline and Redistricting Advisory Commission meeting schedule
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Motion carried 5 — 0.
Direction provided 3. OUTDOOR DINING PROGRAM POTENTIAL EXTENSION The following made public comments:
Jane Rands asked City Council to take the bike boulevard into consideration.
Ron Kobyashi spoke in support of outdoor dining and live music.
Steve Hommel spoke in support of outdoor dining and live music.
Edmund Velasco spoke in support of outdoor dining.
Jan Stevens spoke in support of outdoor dining.
Jack Franklin spoke in support of outdoor dining.
Simon Collier spoke in support of outdoor dining.
Glen Sutter, Fullerton, spoke in support of outdoor dining.
George Dufrense spoke in support of outdoor dining.
Jinan Montecristo spoke in support of outdoor dining.
Jake Hirsh, Irvine, spoke in support of outdoor dining.
The following addressed City Council via Zoom:
Matt ( no last name given) asked for consideration of the Wilshire bike boulevard.
Whitaker moved, seconded by Dunlap, to extend the outdoor dining program for six months, keeping the bicycle lane open and include the eight items outlined in the staff report.
Motion carried 5 — 0.
Approved 4. FOURTH AMENDMENT TO PURCHASE AND SALE
AGREEMENT FOR WEST COYOTE HILLS
NEIGHBORHOODS 1 AND 3
Jung moved, seconded by Dunlap, to authorize Acting City Manager to execute the Fourth amendment to the Purchase and Sale agreement with Pacific Coast Homes for the acquisition of
24. 1 acres of open space on the east side of West Coyote Hills, known as Neighborhood 1 and Neighborhood 3, in a form
approved by the City Attorney, reflecting non - substantial changes as recommended by State granting entities.
Motion carried 5 — 0.
Adopted 5. FISCAL YEAR 2020- 21 DESIGNATION OF CONTINGENCY RESERVES ABOVE TEN PERCENT MINIMUM ( taken out of
agenda order)
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Silva moved, seconded by Dunlap, to adopt Resolution No. 2021- 66.
RESOLUTION NO. 2021- 66 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA
APPROVING THE DESIGNATION OF AVAILABLE
UNASSIGNED GENERAL FUND BALANCE ABOVE THE TEN
PERCENT MINIMUM CONTINGENCY RESERVE LEVEL AS
ASSIGNED CONTINGENCY RESERVES FOR FISCAL YEAR
2020- 21
Motion carried 5 — 0.
Approved 6. GOODMAN DEVELOPMENT AGREEMENT FUNDS
ALLOCATION
Dunlap moved, seconded by Jung, to appropriate receipt and use of $ 750, 000 in the Vehicle Replacement Fund and approve necessary accounting and budget adjustments.
Motion carried 5 — 0.
Approved 7. VOID UNCLAIMED CHECKS UNDER $ 15 PURSUANT TO GOVERNMENT CODE SECTION 50055 ( taken out of agenda
order)
Silva moved, seconded by Dunlap, to:
1. Approve voiding checks less than fifteen dollars left unclaimed and uncashed after more than one year.
2. Authorize Administrative Services Director to transfer resulting funds to the general fund or other funds as
appropriate.
Motion carried 5 — 0.
Approved 8. AUGUST 2021 CHECK REGISTER ( taken out of agenda order) Silva moved, seconded by Dunlap, to receive and file.
Motion carried 5 — 0.
Approved 9. FISCAL YEAR 2021- 22 ASSET SEIZURE FUNDS ( taken out of agenda order)
Silva moved, seconded by Dunlap, to appropriate receipt and use of Asset Seizure funds received in Fiscal Year 2021- 22 and authorize necessary budget adjustments.
Motion carried 5 — 0.
Continued 10. AUTOMATIC AID AGREEMENT WITH PLACENTIA
CANCELLATION ( taken out of agenda order)
Dunlap moved, seconded by Silva, to continue this item to the October 5, 2021 City Council meeting.
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Motion carried 4 — 1 ( No: Zahra).
Approved 11. CURB / GUTTER AND SIDEWALK RECONSTRUCTION
PROJECT FISCAL YEAR 2020- 21 ( taken out of agenda order) Silva moved, seconded by Dunlap, to:
1. Approve plans and specifications for Curb / Gutter and Sidewalk Reconstruction Project FY 2020- 21.
2. Award $ 355, 980 construction contract to Martinez Concrete Inc for the Curb / Gutter and Sidewalk Reconstruction
Project FY 2020- 21, in a form approved by the City Attorney,
3. Appropriate receipt and use of SiFi Networks funds for cost differential between base bid costs and final bid alternative costs.
4. Authorize Public Works Director to approve any future change orders for construction and professional
engineering construction support services within the
approved project budget.
Motion carried 5 — 0.
Approved 12. FEDERAL AVIATION ADMINISTRATION AMERICAN
RESCUE PLAN ACT AND AIRPORT CORONAVIRUS RELIEF
PROGRAM GRANT ( taken out of agenda order)
Silva moved, seconded by Dunlap, to:
Received and filed 13.
1 Accept $ 59, 000 Federal Aviation Administration ( FAA) American Rescue Plan Act - Airport Rescue Grant Program ARGP) funds and authorize Public Works Director, or
designee, to sign all documents related to the grant.
2. Accept anticipated $ 57, 162 FAA Coronavirus Response and Relief Supplemental Appropriation Act - Airport
Coronavirus Response Grant Program ( ACRGP) funds and
authorize Public Works Director, or designee, to sign all documents related to the grant.
3. Appropriate receipt and use of anticipated $ 59, 000 Airport Rescue Grant Program funds and $ 57, 162 Airport
Coronavirus Response Grant Program funds to the Airport Enterprise Fund.
Motion carried 5 — 0.
CAL CITIES ANNUAL CONFERENCE RESOLUTIONS
Received and filed.
Adopted 14. ORANGE COUNTY VETERANS CEMETERY IN ANAHEIM
HILLS
The following made public comments:
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Nick Berardino spoke in support of this item.
Unidentified speaker spoke in support of this item.
Jung moved, seconded by Silva, to adopt Resolution No.
2021- 67.
RESOLUTION NO. 2021- 67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
DECLARING SUPPORT OF THE ORANGE COUNTY
VETERANS CEMETERY IN ANAHEIM HILLS
Motion carried 5 — 0.
Approved 15. AUGUST 17, 2021 AND SEPTEMBER 14, 2021 MEETING MINUTES ( taken out of agenda order)
Silva moved, seconded by Dunlap, to approve August 17, 2021 City Council / Successor Agency Meeting and September 14, 2021 City Council / Successor Agency Special Meeting Minutes.
Motion carried 5 — 0.
Adopted 16. FULLERTON MUNICIPAL CODE 12. 04
AMENDMENTS - WATER RATES, RULES AND
REGULATIONS - SECOND READING OF ORDINANCE ( taken
out of agenda order)
Silva moved, seconded by Dunlap, to adopt Ordinance No. 3303.
ORDINANCE NO. 3303 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, TO
REVISE MUNICIPAL CODE CHAPTER 12. 04, " WATER
REGULATIONS"
Motion carried 5 — 0.
Continued 17. PUBLIC RECORDS REQUEST PROCESS
Continued to October 5, 2021.
Adopted 18. CLASSIFICATION PLAN UPDATE TO CREATE INTERIM
EXECUTIVE POSITION, SALARY SCHEDULE ASSIGNMENT
AND INTERIM EXECUTIVE EMPLOYMENT AGREEMENT
taken out of agenda order)
Silva moved, seconded by Dunlap, to:
1. Adopt the following resolutions:
RESOLUTION NO. 2021- 68 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING AND ADOPTING A CERTAIN
CLASS SPECIFICATION TO THE PERSONNEL
CLASSIFICATION PLAN
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RESOLUTION NO. 2021- 69 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, RELATING TO COMPENSATION FOR
EXECUTIVE EMPLOYEES AND SUPERSEDING
RESOLUTION NO. 2020- 91 AND AMENDMENTS
THERETO
RESOLUTION NO. 2021- 70 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING AN AGREEMENT
RETAINING JEFF COLLIER AS AN INTERIM EXECUTIVE
IN ACCORDANCE WITH GOVERNMENT CODES
SECTIONS 7522. 56 AND 21221( h)
2 Authorize Acting City Manager to execute the employment agreement with Jeff Collier, in a form approved by the City Attorney.
Motion carried 5 — 0.
Approved 19. ALLIE BRIDGE ENERGY SOLUTIONS, INC.
PROFESSIONAL SERVICES AGREEMENT AMENDMENT
taken out of agenda order)
Jung moved, seconded by Silva, to:
1. Approve amendment revising the Allie Bridge Energy
Solutions, Inc. Professional Services Agreement fee
structure.
2. Authorize City Manager to execute amendment by and
between the City of Fullerton and Allie Bridge Energy
Solutions, Inc.
Motion carried 4 — 1 ( No: Dunlap).
ITEMS REMOVED FROM CONSENT CALENDAR
None.
ADJOURNMENT
Mayor Whitaker adjourned the meeting at 11:22 in memory of Jo Lasorda.
Bruce Whitaker
Mayor
Fullerton City Council I Successor Agency Minutes
September 21, 2021 - Page 12