CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
june 7, 2022 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:01 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:01 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: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
4:02 p.m.
RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:02 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: Three Cases
2. 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 5:12 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:12 p.m.
_______________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
JUNE 7, 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.
Zahra absent
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Ag0ency Members Dunlap, Silva,
Absent: Zahra
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Police Chief Robert Dunn, Deputy Fire Chief Brandon Coatney INVOCATION given by Pastor Elliot Chung, One Life City Church.
PLEDGE OF ALLEGIANCE led by Girl Scout Troop 7127.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS
1. PRESENTATION: Girl Scouts of OC Troop 7127
2. PRESENTATION: Memorial Day Ceremony
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison, Fullerton, spoke about the power of money.
Brandon (no last name provided) spoke about outdoor dining.
Chris Norby, Fullerton, spoke about outdoor dining barricades.
John Waters, Stadium Tavern, spoke about outdoor dining.
Lea Waters, Fullerton Brew Company, spoke about outdoor dining.
Jessica (no last name provided) spoke about outdoor dining.
Ronald Trail spoke about outdoor dining.
Judith Kaluzny, Fullerton, spoke about outdoor dining.
Tony Package, Fullerton, spoke about outdoor dining, the logistics center on Orangethorpe Avenue and campaign contributions.
Curt Johnston spoke about bicycle lanes, drinking fountains and downtown sidewalks.
Egleth Nuncci, Fullerton, spoke about the Maple Center and Lemon Park.
Curtis Gamble spoke about homeless issues.
Bernard Cho, Fullerton, spoke about corruption.
Maureen Milton, Fullerton, thanked the Fullerton Police Department for helping her locate missing items.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comments.
Council Member Dunlap spoke about a Fullerton Sunrise Rotary fundraising event and a Fullerton High School Baseball championship.
Council Member Silva congratulated Fullerton High School Baseball, thanked Ed Paul for the Memorial Day event and asked to adjourn the meeting in memory of the victims of the Uvalde, Texas shooting.
Mayor Pro Tem Whitaker spoke about an Arborland Montessori film event, the 100th Anniversary of Boy Scout Troop 292 and a PFAS water treatment plant dedication.
Mayor Jung spoke about gun violence, Fullerton Day of Music, mental health initiatives and drought conditions.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 14)
Dunlap moved, seconded by Whitaker, to approve Consent Calendar Items 1, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13 and 14.
Motion carried 4 – 0 – 1 (Absent: Zahra).
Approved
1. MAY 17, 2022 MEETING MINUTES
Recommendation:
Approve May 17, 2022 City Council / Successor Agency Meeting Minutes.
Adopted
3. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation:
Adopt Resolution No. 2022‑045.
RESOLUTION NO. 2022‑045 ‑ 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 Adopted
4. ORANGE COUNTY TRANSPORTATION AUTHORITY MEASURE M2 ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM FISCAL YEAR 2022‑23 Recommendation:
Adopt Resolution No. 2022‑046.
RESOLUTION NO. 2022‑046 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE ENVIRONMENTAL CLEANUP PROGRAM PROJECT Adopted
5. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022‑047 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2022‑048 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION HELD ON THE DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 RESOLUTION NO. 2022‑049 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TUESDAY, NOVEMBER 8, 2022 Approved
6. VARIOUS PROFESSIONAL SERVICE AGREEMENTS FOR SPECIALIZED DEVELOPMENT SERVICES Recommendation:
1. Approve Professional Services Agreements for On‑Call Consultants: 4Leaf Inc., Bureau Veritas North America, CSG Consultants Inc., JAS Pacific, TRB+ Associates Inc., True North Compliance Services, VCA Code Group, West Coast Code Consultants Inc., Willdan Engineering and Annealta Group. a. Approve not‑to‑exceed $3,000,000 cumulative contractual services for contract years one through three across on‑call consultants within annual budget appropriations for Building and Safety services category. b. Approve not‑to‑exceed $562,500 cumulative contractual services for contract years one through three across on‑call consultants within annual budget appropriations for Code Enforcement service category. c. Approve not‑to‑exceed $1,000,000 cumulative contractual services for contract years one through three across on‑call consultants within annual budget appropriations for Fire Plan Check / Inspection Services service category. d. Approve not‑to‑exceed $862,500 cumulative contractual services for contract years one through three across on‑call consultants within annual budget appropriations for Planning Services service category.
2. Authorize City Manager, or designee, to execute and administer agreements and amendments, in a form approved by City Attorney.
3. Grant City Manager authority to execute and administer two one‑year extension options, in a form approved by City Attorney, within the following parameters:
a. In an annual amount not‑to‑exceed $2,000,000 for contract extension years four and five within annual budget appropriations for Building and Safety service category. b. In an annual amount not‑to‑exceed $374,666 for contract extension years four and five within annual budget appropriations for Code Enforcement service category. c. In an annual amount not‑to‑exceed $666,666 for contract extension years four and five within annual budget appropriations for Fire Plan Check / Inspection Services service category. d. In an annual amount not‑to‑exceed $574,666 for contract extension years four and five within annual budget appropriations for Planning Services service category.
4. Approve change order to Purchase Order No. C551130 to extend the period for services provided by CSG Consultants Inc. to June 7, 2022.\ Approved
8. INSURANCE PROGRAM REPORT AND RECOMMENDATIONS
Recommendation:
1. Authorize City Manager, or designee, to bind excess workers’ compensation insurance with maximum limit set to statutory benefit maximums and $750,000 lower limit for non‑safety employees and $1 million for safety employees with Safety National Insurance Company at a $189,690 premium cost.
2. Authorize City Manager, or designee, to bind excess liability insurance with $4 million to $8 million limit per occurrence with Princeton Excess & Surplus Lines Insurance Company and Gemini Insurance Company at a $3,118,150 premium cost.
3. Authorize City Manager, or designee, to bind underground storage tank liability with $1 million per storage tank incident limit with Ace Insurance Company at $7,080 premium cost.
4. Authorize City Manager, or designee, to bind CNG general liability with $3 million aggregate limit with Nautilus Insurance Company at $2,295 premium cost.
5. Authorize City Manager, or designee, to bind earth movement and flood insurance with Endurance American Specialty Insurance Company, Landmark American Insurance and Axis Surplus Insurance Company with a combined limits of $20 million for a combined premium of $705,709.62.
6. Receive and file the City’s insurance programs report.
Approved
9. TECHNOLOGY LEASE PROGRAM WITH DELL FINANCIAL SERVICES Recommendation:
Approve agreement and related documents with Dell Financial Services and authorize City Manager, or designee, to execute and administer the agreement and related documents, in a form approved by City Attorney.
Adopted
10. APPLICATION AND RECEIPT OF SB 2 PERMANENT LOCAL HOUSING ALLOCATION FUNDS Recommendation:
1. Adopt Resolution No. 2022‑050.
RESOLUTION NO. 2020‑050 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING APPLICATION AND RECEIPT OF FUNDING FOR PROJECTS UTILIZING PERMANENT LOCAL HOUSING ALLOCATION FUNDS
2. Authorize appropriation of SB 2 allocations.
Approved
11. REPLACEMENT SERVICE TRUCK PURCHASE
Recommendation:
Authorize Public Works Director, or designee, to issue $185,119.12 purchase order to PB Loader for a new Service Truck (Ford F‑750).
Approved
12. REPLACEMENT ASPHALT PATCH TRUCK PURCHASE
Recommendation:
Authorize Public Works Director, or designee, to issue $204,959 purchase order to PB Loader Corporation for a new Asphalt Patch Truck (Ford F‑750) Approved
13. RESIDENTIAL SLURRY SEAL AND MISCELLANEOUS REHABILITATION FY 2021‑22 Recommendation:
1. Approve plans and specifications for Residential Slurry Seal and Miscellaneous Rehabilitation FY 2021‑22 project.
2. Allocate $858,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 44696 Residential Slurry Seal and Miscellaneous Rehabilitation FY 2021‑22 (Fund 74).
3. Award $704,080 construction contract for Residential Slurry Seal and Miscellaneous Improvements FY21‑22 Project to All American Asphalt 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 approved project budget.
Approved
14. GLENWOOD‑UNION‑BROOKDALE AREA SEWER IMPROVEMENTS
Recommendation:
1. Approve plans and specifications for Glenwood‑Union‑Brookdale Area Sewer Improvements Project.
2. Transfer $400,000 of Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Program to Project 51028 Glenwood‑Union‑Brookdale Area Sewer Improvements Project (Fund 47).
3. Award $325,800 construction contract for Glenwood‑Union‑Brookdale Area Sewer Improvements Project to Dominguez General Engineering, Inc. and authorize City Manager, or designee, to execute 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 15)
15. ANNUAL OPERATING BUDGET, SCHEDULE OF FEES AND CHARGES AND ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022‑23 Mayor Jung opened the public hearing 6:39 p.m.
The following addressed City Council:
Tony Package, Fullerton, asked about budget deficits and funding for road repairs.
Bernard Oh, Fullerton, spoke in support of funding for staff and opposed fee increases.
Mayor Jung closed the public hearing at 6:45 p.m. for all items except Parks and Recreation fees which City Council continued to a public hearing on June 21, 2022 at 5:30 p.m. in the Fullerton City Council Chambers.
Dunlap moved, seconded by Silva, to:
Adopt the following resolutions:
RESOLUTION 2022‑051 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2022‑23 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN RESOLUTION 2022‑052 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022‑23 PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA STATE CONSTITUTION RESOLUTION 2022‑053 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING OR ESTABLISHING NEW FEES AND CHARGES FOR MUNICIPAL SERVICES FOR FISCAL YEAR 2022‑23 AND REPEALING RESOLUTION NO. 2021‑36 (as amended) Motion carried 4 – 0 -1 (Zahra absent).
REGULAR BUSINESS (Items 16 ‑ 19)
Continued
16. PUBLIC RIGHT‑OF‑WAY RESTORATION AT HARBOR AND COMMONWEALTH AND TERMINATION OF ENCROACHMENT AT 100 NORTH HARBOR BOULEVARD Item continued.
Introduced
17. REGULATION AND PROHIBITION OF UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS Dunlap moved, seconded by Silva to iIntroduce Ordinance No. 3314 for first reading by title only and waive further reading of the ordinance.
ORDINNACE NO. 3314 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS), CHAPTER 161 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY City Clerk Williams read the title of the ordinance.
Motion carried 4 – 0 – 1 (Absent: Zahra).
Adopted
18. WATER SHORTAGE CONTINGENCY PLAN LEVEL 2
The following addressed City Council:
Tony Package, Fullerton, spoke about reporting water waste, turf areas and rebates.
Dunlap moved, seconded by Silva, to:
1. Adopt Resolution No. 2022‑054.
RESOLUTION NO. 2022‑054 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A LEVEL 2 WATER SUPPLY SHORTAGE TO THE FULLERTON MUNICIPAL CODE CHAPTER 12.06 PERTAINING TO WATER USE RESTRICTIONS
2. Authorize City Manager, or designee, to determine appropriate percentage of required water reduction, up to 20%, depending on drought severity and State Water Resources Control Board requirements.
Motion carried 4 – 0 – 1 (Absent: Zahra).
19. MEASURE M2 FUNDING ELIGIBILITY RENEWAL
Silva moved, seconded by Whitaker, to:
1. Adopt Resolution No. 2022‑055.
RESOLUTION NO. 2022‑055 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM
2. Approve and authorize staff to submit the Measure M2 Seven‑Year Capital Improvement Program for Fiscal Years 2022‑23 through 2028‑29 to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility criteria.
3. Authorize Public Works Director to make administrative changes, including those advised by OCTA, if necessary.
Motion carried 4 – 0 – 1 (Absent: Zahra).
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted
2. SENATE BILL 9 TWO‑UNIT AND URBAN LOT SPLIT RESIDENTIAL DEVELOPMENT STANDARDS ‑ SECOND READING OF ORDINANCE The following addressed City Council:
Curtis Gamble spoke about ADUs.
Silva moved, seconded by Dunlap, to adopt Ordinance No. 3313.
ORDINANCE NO. 3313 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO FULLERTON MUNICIPAL CODE CHAPTERS 15 (ZONING) AND 16 (SUBDIVISIONS) TO CREATE TWO RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9 Motion carried 4 – 0 – 1 (Absent: Zahra).
Approved
7. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AGREEMENT FOR SHARED WATER PROGRAMS AND SERVICES Silva moved, seconded by Dunlap, to:
1. Approve Agreement for shared water programs and services between the City of Fullerton and the Municipal Water District of Orange County for an initial term expiring June 30, 2027, with an optional extension for an additional five years, in a total not‑to‑exceed amount of $1,000,000 for the combined initial and extension term.
2. Authorize and direct Public Works Director, or designee, to execute Agreement and any related documents and to take any and all actions as necessary to implement and administer Agreement, on behalf of the City of Fullerton.
Motion carried 4 – 0 – 1 (Absent: Zahra).
7:38 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 7:38 p.m. in memory of the victims of the Uvalde, Texas shooting. _______________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk