CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
SPECIALMEETING MINUTES
MAY 3, 2022 — 3: 30 P. M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
3:31 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 3:31 p.m.
Whitaker absent ROLL CALL
Present: Mayor / Chair Jung, Council / Agency Members
Dunlap, Silva, Zahra
Absent: Mayor Pro Tern / Vice Chair Whitaker
Staff Present: Acting City Manager Jeff Collier, Deputy City Attorney Krista Jee, City Clerk Lucinda Williams
PUBLIC COMMENT - Special Meeting
None.
REGULAR BUSINESS
Findings adopted 1. JP23 / POOZHIKALA BROWN ACT VIOLATION CLAIMS The following addressed City Council via Zoom:
Jane Reifer asked if the agenda report contained the facts and findings.
Dunlap moved, seconded by Silva, to rescind prior deliberations and action on the entertainment permit appeal on December 21, 2021 in closed session and reconduct deliberations.
Motion carried 4 — 0 — 1 ( Absent: Whitaker).
Dunlap moved, seconded by Silva, to deny the appeal and adopt the following findings:
No live entertainment after 11:00 p.m. Sunday through
Wednesday and after midnight Thursday through Saturday.
The City will review in October 2022.
The business will operate under the current CUP terms with the occupancy rate determined by the Fire Marshal.
SCAB ° D
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 1
Queueing as set forth in the Security Plan.
Immediately bring exterior lighting into compliance.
Motion carried 4 — 0 — 1 ( Absent: Whitaker).
3:49 p.m. ADJOURN SPECIAL MEETING
Mayor / Chair Jung adjourned the meeting at 3:49 p.m.
ucl Illiams, MMC
v lerk
Fred Jung
Mayor
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 2
FU4 CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
o CLOSED SESSION MINUTES
MAY 3, 2022 — 4: 00 P. M.
c'[
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P 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 Tern / Vice Chair Whitaker ( arrived 4: 30 p. m.), Council / Agency
Members Dunlap, Silva, Zahra
Absent: None
Staff Present: Acting City Manager Jeff Collier, City Attorney Richard D. Jones, City Clerk Lucinda Williams
City attorney Jones corrected the address for Closed Session Agenda Item 2 from 291 South Basque to 201 South Basque.
PUBLIC COMMENT - Closed Session
The following addressed City Council:
Jane Rands spoke about 100 North Harbor Boulevard.
Damion Llyod spoke about 100 North Harbor Boulevard.
Judith Kaluzny spoke about 100 North Harbor Boulevard.
The following addressed City Council via Zoom:
Jane Reifer spoke about 100 North Harbor Boulevard and Closed Session Item 2 APN Numbers.
Dunlap moved, seconded by Silva, to continue Closed Session Item 2.
Motion carried 4 — 0 — 1 ( Absent: Whitaker).
4: 07 p.m. RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4: 07 p.m.
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 3
5: 19 P.M.
v
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 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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
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
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9( d)( 2) Significant Exposure to Litigation: One Case
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
Property: 100 North Harbor Boulevard, Fullerton, CA
Agency Negotiator: Jeffrey W. Collier, Scott Porter
Negotiating Parties: Michael Torres
Under Negotiations: Price and Terms
ADJOURN CLOSED SESSSION
Mayor / Chair Jung adjourned the meeting at 5: 19 p.m.
Fred Jung
Mayor
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 4
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 5
ukl CITY OF FULLERTON
F CITY COUNCIL / SUCCESSOR AGENCY
W REGULAR MEETING MINUTES
MAY 3, 2022 — 5: 30 P. M.
cq41FOR'
P 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 Tern / 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 Father Chris Retales, St. John' s Greek Orthodox Church.
PLEDGE OF ALLEGIANCE led by Mayor Jung.
CLOSED SESSION REPORT
City Attorney Jones reported that during the April 5, 2022 Closed Session, Jung moved, seconded by Silva, to settle Kelly Mcllravy v. City of Fullerton for $ 125, 000.
Motion carried 5 — 0.
EX PARTE COMMUNICATIONS REPORT
Mayor Jung reported meeting with an OCEA representative.
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 6
PRESENTATIONS
1. PROCLAMATION: Drinking Water Week
2. PROCLAMATION: Public Works Week
3. PROCLAMATION: Baby Yoda Appreciation Day
PUBLIC COMMENT - Regular Session
The following addressed City Council:
Tony Package spoke about the Redistricting Advisory
Commission, 100 North Harbor Boulevard and drought conditions.
Todd Harrison spoke about equity in the budgeting process.
Ilse Miranda spoke about Palm Gardens and homeless issues.
Maureen Milton spoke about the budget study session and Hillcrest Park parking.
Kitty Jaramillo, District 4, spoke about the Maple Community Center.
John Dunton spoke about the Anaheim Police Department.
Egleth Nuncci thanked those who participated in the Arts Orange County event and the Hunt Library.
Curtis Gamble spoke about City Lights Apartments and homeless issues.
Bernard Oh, Fullerton, spoke about the budget study session.
The following addressed City Council via Zoom:
Jane Reifer spoke about 100 North Harbor Boulevard and Zoning Administrator hearings.
Jane Rands asked for an update on library passport funding.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
Acting City Manager Collier responded to items arising during public comments.
Council Member Zahra wished the Muslim community a happy Eid and announced an upcoming event at Woodcrest Park.
Council Member Dunlap thanked OC United for the Love Fullerton event and congratulated the Sunny Hills High School varsity baseball team.
Mayor Pro Tern Whitaker spoke about the Walk on Wilshire.
Council Member Silva thanked OC United, Solidarity, Republic Services Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 7
and staff for cleaning up alleys in the Gem Streets area.
Mayor Jung spoke about Asian American Pacific Islander Heritage Month, drought conditions and a state historic preservation award.
APPOINTMENTS
None.
CONSENT CALENDAR ( Items 1 - 7)
Dunlap moved, seconded by Silva, to approve all Consent Calendar Items.
Motion carried 5 — 0.
Approved 1. APRIL 19, 2022 AND APRIL 26, 2022 MEETING MINUTES Recommendation:
Approve April 19, 2022 City Council / Successor Agency Meeting Minutes and April 26, 2022 Special City Council / Successor Agency Meeting Minutes.
Received and filed 2. TREASURER' S REPORT FOR QUARTER ENDED MARCH 31, 2022
Recommendation. -
Receive and file.
Adopted 3. AB 361 CONTINUING STATE OF EMERGENCY
DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY
MEETINGS
Recommendation:
Adopt Resolution No. 2022- 040.
RESOLUTION NO. 2022- 040 - 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
Approved 4. SPECTRUM PACIFIC WEST CABLE LEASE AGREEMENT AMENDMENT FOR 2011 NORTH ACACIA AVENUE HUBERT
C. FERRY RESERVOIR
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
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 8
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.
Approved 5. JUANITA COOKE TRAIL IMPROVEMENTS ( BASTANCHURY
ROAD TO LAGUNA ROAD)
Recommendation:
Reject all construction bids and direct staff to revise project scope.
Approved 6. CHRISTLIEB WELL 15A REHABILITATION
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.
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.
Approved 7. MARION AREA INFRASTRUCTURE IMPROVEMENTS
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 Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 9
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)
Approved 8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 2022- 23 ANNUAL ACTION PLAN
Mayor Jung opened the public hearing at 6:44 p.m.
No members of the public addressed City Council.
Mayor Jung closed the public hearing at 6:44 p.m.
Dunlap moved, seconded by Zahra, to:
1. Approve 2022- 23 Annual Action Plan and authorize staff to submit documents to HUD for approval by the HUD due
date.
2. Authorize Director of Community and Economic
Development, or designee, to execute 2022- 23 CDBG
agreements with non -profits and City Departments.
Motion carried 5 — 0.
REGULAR BUSINESS ( Items 9 - 12)
Direction provided 9. PARKS AND RECREATION DEPARTMENT COST
RECOVERY BLUEPRINT
Dunlap moved, seconded by Silva, to direct staff to develop and implement the Blueprint for Cost Recovery based on input at this meeting.
Motion carried 5 — 0.
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Approved 10. TREASURY - ENHANCED CASH PORTFOLIO
Dunlap moved, seconded by Silva, to:
1. Ratify investment in enhanced cash portfolio.
2. Ratify authorization of City Treasurer / Director of Administrative Services to manage and administer enhanced cash portfolio.
Motion carried 5 — 0.
Received and filed 11. REDISTRICTING ADVISORY COMMISSION RESTRICTIONS Received and filed by order of the Mayor.
Approved 12. FIRE CHIEF EMPLOYMENT AGREEMENT
The following addressed City Council:
Bernard Oh spoke in support of this item
Zahra moved, seconded by Silva, to authorize City Manager to execute proposed employment agreement between City of
Fullerton and Adam Loeser, in a form approved by the City Attorney.
Motion carried 5 — 0.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 7:38 p.m.
le
Luci illiartns, MMC
City ler
Fred Jung
Mayor
Fullerton City Council I Successor Agency Minutes
May 3, 2022 - Page 11