CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
SEPTEMBER 20, 2022 – 4:30 P.M.
Council Chamber
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
1. 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
2. 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.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
september 20, 2022 – 5:30 P.M.
Council Chamber
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
1. PROCLAMATION: 2022 Hunger Action Month
2. PRESENTATION: Little League Certificates
PUBLIC COMMENTS ‑ Regular Session
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 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
2. 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
6. 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:
Submit letter as the City of Fullerton’s response to the Grand Jury Report.
Approved
8. 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
9. DELL FINANCIAL SERVICES LEASE PROGRAM AMENDMENT
Recommendation:
Approve master lease agreement 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.
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 the following budget amendments to 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 44).
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) and provide ongoing professional on‑call services following completion of the Water Master Plan, in a form approved by the City Attorney.
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.
RESOLUTION NO. 2022‑077 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, 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 Project (Fund 44).
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).
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 1C 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 Professional Engineering Design Services for Cannon‑Sheppard Area Water Main Replacement Project (Project 53043).
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
17. RANCHO‑VERONA AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES AWARD Recommendation:
1. Approve $225,000 budget transfer and appropriation from 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.
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 Storm Drain Replacement Project to Aguilar & Calderon Corp. and authorize City Manager, or designee, to execute 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 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.
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 Report ‑ Orange County Needs “One Voice” and authorize Mayor Jung to execute and submit the letter.
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 BETWEEN THE CITY AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION 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.
2. 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.
3. 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.