CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
SEPTEMBER 20, 2022 - 4:30 P.M.
Council Chamber
CALIFORNIA
303 West Commonwealth Avenue
Fullerton, California
4:31 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:31 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Zahra (arrived 4:45 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
None.
4:32 p.m. RECESS to Closed Session
Mayor Jung recessed to Closed Session at 4:32 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Michael Destiche v. City of Fullerton
Case Number: OCSC 30-2019-01044575
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d)(4)
Initiation of Litigation:One Case
5:32 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:32 p.m.
Fullerton City Council | Successor Agency Minutes
September 20, 2022 - Page 1
Fred Jung
Mayor
ity Clerk
ilerton City Council Successor Agency Minute
aptember 20. 2022 - Page
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
SEPTEMBER 20, 2022 - 5:30 P.M.
Council Chamber
CALIFORNIA
303 West Commonwealth Avenue
Fullerton. California
5:33 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:33 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: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams, Police Chief
Robert Dunn, Fire Chief Adam Loeser
INVOCATION given by Pastor Rob Burke, Wilshire Avenue Church.
PLEDGE OF ALLEGIANCE by Mayor Pro Tem Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
Presented PROCLAMATION: 2022 Hunger Action Month
PRESENTATION: Little League Certificates
PUBLIC COMMENTS - Regular Session
Fullerton City Council | Successor Agency Minute:
September 20, 2022 - Page :
The following addressed City Council:
• Todd Harrison, Fullerton, spoke about politics.
• Kim Hardaker spoke about senior affordable living.
• Pam Keller, Fullerton, spoke in support of fully funding the Fullerton Fire Department or contracting with OCFA for fire services. • Dianne Seville, Fullerton, spoke about streetlights and homeless issues.
• Ilse Miranda spoke about an upcoming candidate forum. • Unidentified speaker spoke about senior affordable living. • Curtis Gamble spoke about homeless issues.
• AJ Hahn, Fullerton, suggested adding auto dealerships to the City's tax base.
Manny Adams, Fullerton Fire Department, spoke about the Management Partners fire services study.
• J.J. Ebbert, Fullerton Firefighters Association, spoke about issues in the Fullerton Fire Department.
• Mike Lytle spoke about issues in the Fullerton Fire Department. • Dan Lancaster, Fullerton Firefighters Association, asked City Council Members to meet with his Association to find a solution to issues in the Fire Department.
• Maureen Milton spoke about senior affordable housing. • Egleth Nuncci thanked elected officials for attending a recent neighborhood recognition event and invited all to an upcoming candidate forum.
The following addressed City Council via Zoom:
• Jane Reifer spoke about broadcast sound quality.
CITY COUNCIL / SUCCESSOR AGENCY | STAFF
COMMUNICATIONS AND REPORTS (taken out of agenda
order)
City Manager Levitt responded to issues arising during public comment.
Council Member Silva spoke about Ventana Apartments.
Council Member Dunlap invited the public to the second annual Tommy Lasorda Day.
Mayor Pro Tem Whitaker reported on the Orange County Water Summit.
Council Member Zahra spoke about Ventana Apartments, public swimming pool access, illegal dispensaries and speeding on Baker Fullerton City Council | Successor Agency Minutes
September 20, 2022 - Page 4
Avenue and noted the Tommy Lasorda display at the Fullerton Museum.
Mayor Jung spoke about state tax relief.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 20)
Dunlap moved, seconded by Whitaker, to approve Consent Calendar Items 1, 2, 3, 4, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18 and 20.
Motion carried 5 - 0 (Item 16: Dunlap abstained).
Approved 1. SEPTEMBER 6, 2022 MEETING MINUTES
Recommendation:
Approve September 6, 2022 City Council / Successor Agency Meeting Minutes.
Approved MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE
REPORT
Recommendation:
Receive and file.
Approved 3. AUGUST 2022 CHECK REGISTER
Recommendation:
Receive and file.
Approved 4. 2023 GROUP INSURANCE PLAN RENEWAL
Recommendation:
Receive and file report.
Approved FISCAL YEAR 2021 URBAN AREAS SECURITY INITIATIVE
UASI) GRANT AGREEMENT
Recommendation:
Approve Fiscal Year 2021 UASI agreement and authorize City Manager, or designee, to execute and accept grant award and increase Fund 32 appropriations in the same amount.
Approved 7. CITY OF FULLERTON RESPONSE TO GRAND JURY
REPORT - HOW IS ORANGE COUNTY ADDRESSING
HOMELESSNESS?
Recommendation:
Fullerton City Council | Successor Agency Minutes
September 20, 2022 - Page 5
Submit letter as the City of Fullerton's response to the Grand Jury Report.
Approved ACCOUNTS RECEIVABLE WRITE-OFF AUTHORIZATION
Recommendation:
Authorize City Manager or Administrative Services Director to write-off $57,931.96 against the appropriately determined Fund attributed to the receivable.
Approved DELL FINANCIAL SERVICES LEASE PROGRAM
AMENDMENT
Recommendation:
Ipprove master lease agreement with Dell Financial Service and authorize City Manager, or designee, to execute an
administer the agreement and related documents, in a form Approved 10. BROKER SERVICES AGREEMENT AMENDMENT ONE
Recommendation:
Approve and authorize City Manager, or designee, to execute and administer Burnham Benefits Insurance Services Broker Services Agreement Amendment Number One.
Approved 11. ADDITIONAL BUDGET APPROPRIATIONS AND CONTRACT
CHANGE ORDER FOR THE HUB DEVELOPMENT PROJECT
AT 2601, 2701 AND 2751 EAST CHAPMAN AVENUE
Recommendation:
1. Approve $228,469.66 Change Order to Purchase Order
Number B000051 for additional Plan Check Costs for
contract plan review relating to The Hub.
2. Approve and authorize City Manager, or designee, to make following amendments Program
2312 - Planning in the Fiscal Year 2022-23 budget:
• Appropriate $326,385.33 additional General Fund
revenue
• Appropriate $228,470 additional General Fund
expenditures.
Approved 12. WATER MASTER PLAN UPDATE AND WATER RATE STUDY
CONSULTANT CONTRACT AWARD
Recommendation:
1. Approve $250,000 budget appropriation from Water Fund balance in Project 53390 Water Master Plan Update (Fund fuerton Cheone 20202 agency Minutes
2. Authorize City Manager, Public Works Director or designee to execute and administer $829,683 Professional Services
Agreement with Stantec to update the City's Water Master Plan ($665,757) and Water Rate Study ($163,926) anc
provide ongoing professional on-call services following completion of the Water Master Plan, in a form approved by
3. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for
consultant services, within approved project budget.
Adopted 13. EARLY MORNING PARKING RESTRICTION REPEAL - 200
BLOCK EAST ROSSLYNN AVENUE
Recommendation:
Adopt Resolution No. 2022-077.
RESCINDING THE "EARLY MORNING PARKING"
RESTRICTION ON BOTH SIDES OF THE 200 BLOCK OF
EAST ROSSLYNN AVENUE BETWEEN POMONA AVENUE
AND ITS EASTERLY TERMINUS
Adopted 14. SUNSET LANE SCHOOL NEIGHBORHOOD TRAFFIC
SAFETY ENHANCEMENTS
Recommendation:
1. Approve TCC recommendations for safety enhancements for the Sunset Lane school neighborhood.
2. Adopt Resolution No. 2022-078.
RESOLUTION NO. 2022-078 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING THE INSTALLATION OF
ADDITIONAL STOP CONTROL AT SELECT
INTERSECTIONS
Approved 15. COYOTE 1C TANK REHABILITATION PROJECT
ENGINEERING SERVICES AWARD
Recommendation:
1. Approve $370,000 budget transfer and appropriation of Water Funds from Project 53626 Upgrade and Rehabilitation of City Reservoirs to Project 53036 Coyote 1C Tank Rehabilitation
2. Authorize City Manager, or designee, to award $97,280 purchase order to Tetra Tech within the existing contract for the Preliminary Design Phase for the Coyote 1C Tank
Rehabilitation Project (Project 53036).
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September 20, 2022 - Page i
3. Authorize Public Works Director, or designee, to negotiate with and award additional purchase orders for Engineering Design and Construction Phase 2 and 3 for the Coyote 10 Tank Rehabilitation Project (Project 53036) to Tetra Tech within the approved project budget.
4. Authorize Public Works Director, or designee, to approve any future change order for professional engineering and
construction support services within the approved project budget.
Approved 16. CANNON-SHEPPARD AREA WATER MAIN REPLACEMENT
PROJECT DESIGN SERVICES AWARD
Recommendation:
1. Approve $140,000 budget transfer and appropriation from Water Funds within Project 53250 Water Main System
Replacement to Project 53043 Cannon-Sheppard Area Water Main Replacement Project (Fund 44).
2. Award $104,600 purchase order to JIG Consultants for Engineering Design Services
Cannon-Sheppard Area Water Main Replacement Project
3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and constructior support services within the approved project budget.
Approved 17. RANCHO-VERONA AREA WATER MAIN REPLACEMENT
PROJECT DESIGN SERVICES AWARD
Recommendation:
1. Approve $225,000 budget transter and appropriation trom Water Funds from Project 53250 Water Main System
Replacement to Project 53042 Rancho-Verona Area Water
Main Replacement Project (Fund 44).
2. Award $169,910 purchase order to Cannon Corporation for Professional Engineering Design Services for
Rancho-Verona Area Water Main Replacement Project
(Project 53042).
3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget.
Approved 18. MARK III AREA WATER MAIN REPLACEMENT CONTRACT AWARD
Recommendation:
1. Approve plans and specifications for the Mark III Area Water Main Replacement Project.
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September 20, 2022 - Page 8
2. Approve $1,435,000 budget transfer and appropriation of Water Funds from Project 53250 Water Main System
Replacement to Project 53027 Mark III Area Water Main
Replacement Project (Fund 44).
3. Award a $1,084,955 construction contract for the Mark III Area Water Main Replacement Project to All Cities
Engineering, 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.
Approved 20. NORBY LANE STORM DRAIN IMPROVEMENTS CONTRACT AWARD
Recommendation:
1. Approve Norby Lane Storm Drain Replacement Project plans and specifications.
2. Approve $332,300 budget appropriation and appropriation from Drainage Capital Outlay Funds from Project 52591
Annual Storm Drain Repair to Project 52021 Norby Lane
Storm Drain Replacement Project (Fund 74).
3. Award $236,315.38 construction contract for Norby Lane . to executi
the contract, in a form approved by the City Attorney.
4. Authorize Public Works Director to approve any future change orders for construction and professional engineering construction support services within the approved project budget.
STUDY SESSION (Item 21)
Received and filed 21. HOUSING INCENTIVE OVERLAY ZONE DEVELOPMENT UPDATE
The following addressed City Council:
• Eric Nelson, BIA, asked the City to involve his organization in future stakeholder meetings and spoke about setting
mandates versus incentives with this overlay zone.
• Alejandra Capistran asked the City to discuss the impacts of the proposed revisions with the community.
• Leonel Valasquez, Fullerton, opposed high housing costs and encouraged community outreach.
• Ameena Qazi spoke about the cost of housing in Fullerton Fullerton City Council | Successor Agency Minutes
September 20, 2022 - Page g
and the community outreach used in this process.
• Kayla Asato spoke about housing requirements and water and air quality.
• Elizabeth Hansburg spoke about a former ad-hoc advisory committee, current applications before the City and supported increasing density and lower parking ratios.
• Egleth Nuncci spoke in support of affordable housing. • AJ Hahn, Fullerton, asked if the City would receive funding to mitigate the impacts of increased density.
• Curtis Gamble spoke in support of this item.
The following addressed City Council via Zoom:
• Jane Reifer asked that City Council focus on lower
affordability levels and not incentivize above-market units. • Maria Valencia, OCCO, spoke about community outreach
and contracting housing services.
• Blandy Morales, OCCO, spoke about community outreach
• Alma Chavez, OCCO, spoke in support of affordable
housing.
Study Session report received and filed by order of the Mayor.
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 22 - 24)
22. REVISED SETTLEMENT AGREEMENT RELATING TO
ENCROACHMENT REMOVAL AT 100 NORTH HARBOR
BOULEVARD
The following addressed City Council:
• Maureen Milton asked how to prevent these encroachments in the future.
• Curtis Gamble spoke in support of this item.
The following addressed City Council via Zoom:
• Jane Reifer spoke about the historic value of this building and the CUP requirement.
Dunlap moved, seconded by Silva, to approve revised
Settlement Agreement between the City of Fullerton and Mario Marovic for Commonwealth and Harbor LLC, authorizing the City Manager to sign final agreement, in a form approved by City Attorney's Office.
Fullerton City Council | Successor Agency Minutes
September 20, 2022 - Page 10
Motion carried 5 - 0.
Approved 23. CITY OF FULLERTON RESPONSE TO GRAND JURY
REPORT - WATER IN ORANGE COUNTY NEEDS "ONE
VOICE" (Continued from September 6, 2022)
Dunlap moved, seconded by Whitaker, to approve City of
Fullerton response to the Orange County Grand Jury
Mayor Jung to exe Coand Subne to let Voice and authorzo Motion carried 4 - 1 (Opposed: Zahra).
Adopted 24. TENTATIVE AGREEMENT BETWEEN THE CITY OF
FULLERTON AND THE FULLERTON POLICE MANAGEMENT
ASSOCIATION
Silva moved, seconded by Dunlap, to adopt Resolution No. 2022-079. (
RESOLUTION NO. 2022-079 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING THE MEMORANDUM OF AGREEMENT
TENEMENT ASON TON BETWEEN THE CITY AND THE FULLERTON POLICE Motion carried 5 - 0.
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted 5. CLASSIFICATION PLAN UPDATE RELATING TO THE
FISCAL OPERATIONS SUPERVISOR POSITION
Whitaker moved, seconded by Dunlap, to adopt Resolution No. 2022-076.
RESOLUTION NO. 2022-076 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ADOPTING A CERTAIN CLASS SPECIFICATION IN THE
PERSONNEL CLASSIFICATION PLAN AND AMENDING
RESOLUTION NO. 2022-039 APPENDIX A RELATING TO
COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED
EMPLOYEES
Motion carried 5 - 0.
Approved 19. HUNT LIBRARY PHASE III - BUILDING REPAIRS CONTRACT AWARD
The following addressed City Council:
• Curtis Gamble spoke in support of safe parking at the Hunt Library.
Whitaker moved, seconded by Dunlap, to:
1. Approve Project 55050 Hunt Library Phase III - Building Repairs Project plans and specifications.
Deny bid protest submitted by PCN3. Inc., award
$2,459,823 construction contract for Project 55050 Hunt Library Phase III - Building Repairs Project to Ss+K
Construction, Inc. and authorize City Manager, or designee to execute and administer contract, in a form approved by the City Attorney.
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.
Motion carried 5 - 0.
8:36 p.m. ADJOURNMENT
Mayor Jung adjourned the meeting at 8:36 p.m.
Fred Jung
Mayor
Lucinda Willams, MMC
City Clerk