CITY OF FULLERTON
FUL
CITY COUNCIL / SUCCESSOR AGENCY
RTO CLOSED SESSION MINUTES
DECEMBER 20, 2022 - 4:00 P.M.
Council Chamber
CALIFORNIA 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.
All Present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker (arrived 4:04 p.m.), Council / Agency
Members • Dunlap (arrived 4:04 p.m.), Charles,
Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
The following addressed City Council via Zoom:
• Jane Reifer spoke about native trees and the Surplus Land Act in relation to Closed Session Item 3.
CLOSED SESSION ANNOUNCEMENTS
Council Member Charles announced she will recuse from Closed Session Item 4 as she has a potential conflict due to her employer. 4:06 p.m. RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:06 p.m.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR Per
Government Code Section 54957.6
Agency Representatives: Eddie Manfro and Jay Trinnaman
Fullerton City Council | Successor Agency Minute:
December 20, 2022 - Page 1
Employee
Organizations: Fullerton Firefighters'
Association, Fullerton Fire
Management Association
Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Californians for Homeownership v. City of Fullerton
Case Number: OCSC Case No. 30-2022-01281840
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: Right of Way Adjacent to 1747
Commonwealth Avenue, Fullerton, CA
(APN 030-252-01)
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez
Negotiating Parties: Grace Ministries International
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 2701 Nutwood Avenue, Fullerton, CA
92831(APN 029-180-34)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trustees of the California State
University, Marriott
Under Negotiations: Price and Terms
5:28 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:28 p.m.
Fullerton City Council | Successor Agency Minutes
December 20, 2022 - Page 2
Fred Jung
Mayor
Lueinda Williams, , MMC
City Clerk
ullerton City Council | Successor Agency Minute
ecember 20. 2022 - Page
CITY OF FULLERTON
FULL CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
DECEMBER 20, 2022 - 5:30 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
5:31 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:31 p.m.
All Present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap,
Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams
INVOCATION given by Police Chaplain Jason Phillips.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
City Attorney Jones reported that the City settled the case of Alejandro De Leon v. Fullerton as the minor involved has now reached the age of 18.
EX PARTE COMMUNICATIONS REPORT
Zahra reported a conversation with OCEA representatives.
PRESENTATIONS
None.
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PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Bernard Oh spoke about Council Member conduct.
• Gulianna Nunci spoke about a crossing guard at Olive and Citrus.
• Maria Ramirez spoke in support of a crossing guard at Nicholas School.
• Anna Meredia spoke in support of a crossing guard at Nicholas School.
• Todd Harrison spoke about the Mayor and Mayor Pro Tem selection.
• Anjali Tapdia spoke about bicycle safety on Orangethorpe Avenue.
• Z. J. Hahn spoke about funding City services and bicycle lanes. • Curtis Gamble spoke about homeless services.
• Wuodarek (no last name given) spoke about systemic racism. • Egleth Nuncci spoke in support of a crossing guard at Nicholas School.
• Pilar Maldonado spoke in support of a crossing guard at Nicholas School.
• Carla Aguayo spoke in support of a crossing guard at Nicholas School.
The following addressed City Council via Zoom:
Jane Reifer asked to pull Consent Calendar Items 9 and 10.
Munish Bharadwaja congratulated the retiring City Council Secretary.
• Kayla Asato congratulated new City Council members.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
Council Member Charles thanked City staff for assistance with new Council Member orientation, spoke about potential future projects Fullerton City Council | Successor Agency Minutes
December 20, 2022 - Page 5
and reported on the East Fullerton Little League.
Council Member Dunlap wished happy holidays to all.
Council Member Zahra extended happy holidays and new year wishes, thanked the City Council Secretary for her work, asked the Police Department to investigate activity at Williamson and Richmond, requested, supported by Jung, that City Council discuss a park dwelling fees prioritization policy and asked about the status Mayor Pro Tem Whitaker provided an OCWD storm update, wished all a Merry Christmas and Happy New Year and acknowledged the retiring City Council Secretary.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 14)
Approved DECEMBER 6, 2022 AND DECEMBER 13, 2022 MEETING
MINUTES
Recommendation:
Approve December 6, 2022 City Council / Successor Agency Meccing Origency Spe dial Meeting Min 2022 City Council / Received and filed 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed NOVEMBER 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed DONATIONS RECEIVED AND USED IN FISCAL YEAR 2021-22
Recommendation:
Receive and file.
Adopted HUNT LIBRARY REVITALIZATION PROJECT - BUILDING
ullerton City Council | Successor Agency Minute
December 20, 2022 - Page
FORWARD LIBRARY INFRASTRUCTURE GRANT
Recommendation:
1. Adopt Resolution No. 2022-098.
RESOLUTION NO. 2022-098 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING THE GRANT
APPLICATION, ACCEPTANCE AND EXECUTION OF
THE GRANT FUNDS FROM THE STATE OF
CALIFORNIA BUDGET ACT OF 2021 (SB 129)
2. Appropriate receipt and use of grant funds to the Capital Projects Fund (Fund 74) for the Building Forward Grant
Project (Project No. 55060) for the Hunt Library.
3. Approve $194,650 budget transfer from the Library Fund (Fund 13) to the Capital Projects Fund (Fund 74) for the Building Forward Grant Project (Project No. 55060) for
the Hunt Library.
Adopted CROSSING GUARD AT OLIVE AND CITRUS AVENUES
ADJACENT TO NICOLAS JUNIOR HIGH SCHOOL
Recommendation:
1. Adopt Resolution No. 2022-099.
RESOLUTION NO. 2022-099 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ASSIGNING AN ADULT CROSSING
GUARD AT OLIVE AVENUE AND CITRUS AVENUE
2. Approve $14,720 budget appropriations to the
expenditure budget and $7,360 to the revenue budget in
General Fund within Program 2278 - Traffic Bureau.
3. Approve Crossing Guard for the Spring 2023 and
reevaluate prior to the 2023 - 24 School Year.
Adopted MEASURE M2 EXPENDITURE REPORT FOR FISCAL
YEAR 2021-2022
Recommendation:
Adopt Resolution No. 2022-100.
RESOLUTION NO. 2022-100 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING THE MEASURE M2
EXPENDITURE REPORT FOR THE CITY OF FULLERTON
FOR THE FISCAL YEAR ENDING JUNE 30, 2022
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Received and filed 8. DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT FOR FISCAL YEAR 2021-2022
Recommendation:
Review and file compliance reports titled "Parkland
Acquisition and Park Facilities Development Impact Fee (Park welling Fee) Annual Report Fiscal Year 2021-22" and the "Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2021-22".
Adopted 10. SUMMARY VACATION ABANDONING A WATER WELL
EASEMENT AND A SEWER EASEMENT AND NEW
WATER WELL EASEMENT AND COVENANT
AGREEMENT WITH GOODMAN LOGISTICS CENTER
Recommendation:
1. Adopt the following resolutions:
RESOLUTION NO. 2022-101 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION
TO ABANDON A CITY OF FULLERTON WATER WELL
EASEMENT OVER A PORTION OF 2001 EAST
ORANGETHORPE AVENUE
RESOLUTION NO. 2022-102 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION
TO ABANDON A CITY OF FULLERTON SEWER
EASEMENT OVER A PORTION OF 2001 EAST
ORANGETHORPE AVENUE
2. Authorize Public Works Director, or designee, to accept new Water Well Easement and Covenant Agreement
subject to minor changes approved by City Attorney's
Office and City Manager.
Adopted 11. SUMMARY VACATION ABANDONING A WATERLINE
EASEMENT OVER A PORTION OF 4100 AND 4030
NORTH HARBOR BOULEVARD
Recommendation:
Adopt Resolution No. 2022-103.
RESOLUTION NO. 2022-103 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION TO
ABANDON A CITY OF FULLERTON WATER LINE
EASEMENT OVER A PORTION OF 4100 NORTH HARBOR
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BOULEVARD AND 4030 NORTH HARBOR BOULEVARD
Approved 12. ACACIA PARK PLAYGROUND REPLACEMENT
Recommendation:
1. Approve playground design and layout.
2. Approve $250,000 budget transfer and appropriation of Park Dwelling Funds (Fund 39) from fund balance to
Project 54039 Acacia Park & Fullerton Greenbe
mprovement Project (Fund 74)
3. Award $377,400 contract to Pacific Play Systems, Inc. to finalize design and construct a new playground at Acacia Park and authorize City Manager, or designee, to execute and administer 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 13. ORANGETHORPE AVENUE INFRASTRUCTURE
IMPROVEMENTS
Recommendation:
Approve plans and specifications for the Orangethorpe
Avenue Infrastructure Improvements Project.
2. Approve the following budget transfers and
appropriations:
• Transfer $733,000 of RMRA/SB1 Funds from Project
44400 Annual Arterial Street Program to Project
44054 Orangethorpe Avenue Infrastructure
Improvements Project Street Funds (Fund 74)
• Transfer $1,560,000 of American Rescue Plan Act
(ARPA) Funds (Fund 38) from Project 53250 Water
Main System Replacement and Upgrade to Project
44054 Orangethorpe Avenue Infrastructure
Improvements Project Water Funds (Fund 44)
Transfer $1,000,000 of County of Orange Street Funds
from Project 44400 Annual Arterial Street Program to
Project 44054 Orangethorpe Avenue Street
Improvements (Fund 74).
Award $2,774,023 construction contract for thi
rare venestructre improvement
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Project to Sequel Contractors Inc. and authorize City
Manager, or designee, to execute the contract, in a form
4. Authorize Public Works Director to approve any future • orders for construction and professional
engineering construction support services within the
approved project budget.
Approved 14. SUNNY HILLS - TWILIGHT AREA WATER MAIN
REPLACEMENT PROJECT DESIGN SERVICES AWARD
Recommendation:
1. Transfer and appropriate $30,000 of Water Funds from Project 53250 Water Main System Replacement to
roject 53039 Sunny Hills-Twilight Area Water Mai
leplacement (Fund 44
2. Authorize City Manager, City Manager designee or Public Works Director to execute $99,745 purchase order with
JIG Consultants for Professional Engineering Design
Services for Sunny Hills-Twilight Area Water Main
Replacement Project.
3. Authorize Public Works Director, or designee, to approve any tuture change orders tor protessional design and
construction support services and perform the required
budget transfers within the approved spending limits.
PUBLIC HEARINGS (Items 15 - 17)
15. DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF FULLERTON AND
WESTPARK INVESTMENTS, LLC AND TA PARTNERS
FOR THE SALE OF PROPERTY LOCATED AT 212 EAST
SANTA FE AVENUE, FULLERTON, CA (APN 033-030-18)
(Continued from December 6, 2022)
Mayor Jung opened the public hearing 6:30 p.m.
The following addressed City Council:
Jordan Sisson referred to a letter he submitted on this item.
Steve Blount spoke in support of selling this property to Westpark, opposed working with TA partners and
commented on EIR issues.
Karl Andrassy spoke in opposition to this project.
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• Terry Thompson spoke in support of the comments made
in the George Bushala letter.
• Kitty Jaramillo, District 4, supported an agreement with Westpark investments.
• Andrew Melling, Southwest Mountain States Regional
Carpenters, spoke in support of a local workforce.
• Andrea Bimceme, Fullerton, spoke in opposition to the project.
• Curtis Gamble spoke about the letter from George
Bushala.
• Woudarek spoke in support of the letter from George
Bushala.
• Z. J. Hahn said he was unclear he could speak on the
letter from Mr. Bushala.
The following addressed City Council via Zoom:
• Jane Reifer commented on the letter submitted by
George Bushala.
• Danielle Wilson, Unite Here Local 11, spoke in opposition to this project.
• Kayla Asato spoke in support of housing.
Mayor Jung closed the public hearing at 6:55 p.m.
Dunlap moved, seconded by Jung, to adopt Resolution No. 2022-104.
RESOLUTION NO. 2022-104 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA OVERRULING ALL PROTESTS RECEIVED
AND FINDING THAT DISPOSTION OF THE PROEPRTY IS
IN THE INTEREST OF AND FOR THE CONVENIENCE OF
THE PUBLIC
Motion carried 4 - 1 (No: Jung).
Zahra moved, seconded by Charles, to adopt Resolution No. 2022-105.
RESOLUTION NO. 2022-105 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, APPROVING THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
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BETWEEN THE CITY OF FULLERTON AND WESTPARK
INVESTMENTS, LLC AND TA PARTNERS FOR THE SALE
OF PROPERTY LOCATED AT 212 EAST SANTA FE
AVENUE, FULLERTON, CALIFORNIA (APN 033-030-18)
AND AUTHORIZING THE CITY MANAGER TO TAKE ALL
ACTIONS NECESSARY TO EFFECTUATE THIS ACTION
Motion carried 3 - 2 (Opposed: Dunlap, Jung).
16. 2022 TRIENNIAL EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE AND CALIFORNIA FIRE
CODE
Mayor Jung opened the public hearing at 7:24 p.m.
The following addressed City Council:
• Z.J. Hahn congratulated Council Member Zahra on his
re-election to City Council.
Mayor Jung closed the public hearing at 7:26 p.m.
Dunlap moved, seconded by Zahra, to adopt the following ordinances:
ORDINANCE NO. 3316 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
AMENDING TITLE 14 OF THE FULLERTON MUNICIPAL
CODE TO ADOPT THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE WITH LOCAL
AMENDMENTS, INCLUDING APPENDICES I, J, P; THE
2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE
WITH LOCAL AMENDMENTS, INCLUDING APPENDICES
AH, AX, AZ; THE 2022 EDITION OF THE CALIFORNIA
ELECTRICAL CODE; THE 2022 EDITION OF THE
CALIFORNIA MECHANICAL CODE; THE 2022 EDITION
OF THE CALIFORNIA PLUMBING CODE; THE 2022
EDITION OF THE CALIFORNIA ENERGY CODE; THE
2022 EDITION OF THE CALIFORNIA HISTORICAL
BUILDING CODE; THE 2022 EDITION OF THE
CALIFORNIA EXISTING BUILDING CODE AND THE 2022
EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE
ORDINANCE NO. 3317 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
AMENDING TITLE 13, CHAPTER 13.20 OF THE
FULLERTON MUNICIPAL CODE TO ADOPT THE 2022
EDITION OF THE CALIFORNIA FIRE CODE WITH LOCAL
AMENDMENTS
Motion carried 5 - 0.
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17. MILLS ACT CONTRACT BETWEEN CITY OF FULLERTON
AND OWNER OF HISTORIC PROPERTY AT 330 WEST
WHITING AVENUE
Mayor Jung opened the public hearing at 7:31 p.m.
The following addressed City Council:
• Jennifer Harris, applicant, spoke in support of this item.
Ann Gread, Fullerton Heritage, spoke in support of this item.
The following addressed City Council via Zoom:
Jane Reifer asked about the garage on this property.
Mayor Jung closed the public hearing at 7:41 p.m.
Dunlap moved, seconded by Zahra, to:
1. Adopt Resolution No. 2022-106.
RESOLUTION NO. 2022-106 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A MILLS ACT CONTRACT
BETWEEN THE CITY AND THE OWNER OF HISTORIC
PROPERTY LOCATED AT 330 WEST WHITING
AVENUE IN THE FORM OF AN HISTORIC PROPERTY
PRESERVATION AGREEMENT
2. Authorize Director of Community and Economic
Development to review subsequent updated schedules of
improvements and maintenance items provided by the
property owner pursuant to the Historic Property
Preservation Agreement prior to the tenth anniversary of the Agreement and every tenth anniversary thereafter and make minor modifications to requirements in keeping with the intent of the contract.
Motion carried 5 - 0.
REGULAR BUSINESS (Item 18)
18. MAPLE NEIGHBORHOOD CENTER OPERATIONS
The following addressed City Council:
• Rick Quintero spoke in support of a boxing center at the Maple Neighborhood Center
• Peter Hernandez spoke in support of programming for
local youth.
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• Suzy Hernandez, Fullerton, spoke on behalf of the Bridge Boxing program.
• ZJ Hahn spoke in support of a community meeting.
• Thomas Maciel spoke in support of youth programming.
• Kitty Jaramillo said she did not support delaying opening the Maple Center.
• Dorain Cassell, YMCA Orange County, spoke in support
of their proposal for the Maple Center.
• Juan Leon spoke in support of boxing programs at the
Jung moved, seconded by Dunlap, to direct the Parks and Recreation Department to hold a community meeting to
on desired use of the Maple
Motion carried 5 - 0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Approved 9. CONTRACT WITH RINCON CONSULTANTS FOR
PROFESSIONAL PLANNING SERVICES RELATED TO
CITY OF FULLERTON HOUSING ELEMENT
Zahra moved, seconded by Jung, to:
1. Corove a Prosions said green or e
Element in an amount not to exceed
$315,784.00 with contract terms and implementation
timelines as agreed to by the City Manager.
2. Authorize City Manager, or designee, to execute and
administer agreements and amendments, in a form
approved by the City Attorney.
Motion carried 5 - 0.
8:07 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:07 p.m.
Fred Jung
Mayor
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