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 Tem / 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.
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.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
MAY 3, 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 4:30 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.
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
5:19 p.m.
ADJOURN CLOSED SESSSION
Mayor / Chair Jung adjourned the meeting at 5:19 p.m.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
MAY 3, 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 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.
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 Tem Whitaker spoke about the Walk on Wilshire.
Council Member Silva thanked OC United, Solidarity, Republic Services 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.
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 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.
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.