CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
December 20, 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.
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 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
3. 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
4. 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.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
December 20, 2022 – 5:30 P.M.
Council Chamber
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.
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:
Diane Vena, Fullerton, spoke about the Mayor and Mayor Pro Tem selection and fairness in public comments.
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 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 of the Active Transportation Plan.
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 Meeting Minutes and December 13, 2022 City Council / Successor Agency Special Meeting Minutes.
Received and filed
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
3. NOVEMBER 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
4. DONATIONS RECEIVED AND USED IN FISCAL YEAR 2021‑22
Recommendation:
Receive and file.
Adopted
5. HUNT LIBRARY REVITALIZATION PROJECT ‑ BUILDING FORWARD LIBRARY INFRASTRUCTURE GRANT Recommendation:
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) 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.
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
6. CROSSING GUARD AT OLIVE AND CITRUS AVENUES ADJACENT TO NICOLAS JUNIOR HIGH SCHOOL Recommendation:
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 Approve $14,720 budget appropriations to the expenditure budget and $7,360 to the revenue budget in General Fund within Program 2278 ‑ Traffic Bureau.
Approve Crossing Guard for the Spring 2023 and reevaluate prior to the 2023 ‑ 24 School Year.
Adopted
7. 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 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 Dwelling 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:
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 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 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 Greenbelt Improvement 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:
1. 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 the Orangethorpe Avenue Infrastructure Improvements Project to Sequel Contractors Inc. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
Authorize Public Works Director to approve any future change 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:
Transfer and appropriate $30,000 of Water Funds from Project 53250 Water Main System Replacement to Project 53039 Sunny Hills-Twilight Area Water Main Replacement (Fund 44).
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.
Authorize Public Works Director, or designee, to approve any future change orders for professional 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.
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 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.
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:
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 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.
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 Maple Center.
Jung moved, seconded by Dunlap, to direct the Parks and Recreation Department to hold a community meeting to gather public input on desired use of the Maple Neighborhood Center.
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. Approve a Professional Services Agreement for Rincon Consultants for services related to the City’s sixth cycle Housing 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.