CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
STUDY SESSION MINUTES
April 18, 2023 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:00 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:00 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, Police Chief Bob Dunn, Fire Chief Adam Loeser PUBLIC COMMENT ‑ Study Session
None.
STUDY SESSION
Direction provided
FISCAL YEAR 2023‑24 PROPOSED OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET City Council provided direction to staff.
5:04 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:04 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
April 18, 2023 – 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.
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, Police Chief Bob Dunn, Fire Chief Adam Loeser INVOCATION given by Dr. Ahsan Khan of Baitul Hameed Mosque.
PLEDGE OF ALLEGIANCE led by Council Member Zahra.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Mayor Jung reported he spoke with the Fullerton Firefighter Association.
FIREWORKS LOTTERY DRAWING
Mayor Jung and Council Member Dunlap conducted the 2023 lottery for Safe and Sane Fireworks Sales permits.
Presented
PRESENTATIONS
CERTIFICATE: Troy High School Cybersecurity Team
PROCLAMATION: National Donate Life Month
PRESENTATION: City of Hope Orange County
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Craig Allen Sheets spoke about Geiger counters and radiation.
Unidentified speaker spoke about trash in city medians and homeless issues.
Karen Lloreda spoke about the City budget.
Yolanda Harrison spoke about trash in the streets and homelessness.
Todd Harrison spoke about email scams.
Bernard (no last name provided) spoke about Council Member conduct.
Maureen Milton spoke about organ donation.
Kitty Jaramillo, District 4, spoke about a resident’s 100th birthday and Council Member conduct.
Diane Seville, Fullerton, spoke about homeless issues.
Woudarek (no last name provided) spoke about hate.
Anjali Tapadia spoke about pedestrian fatalities.
Jennifer Morales spoke about traffic at Magnolia and Orangethorpe Avenues.
Curtis Gamble spoke about homeless issues.
Tanya McCrory spoke about Council Member conduct.
Curt Johnston spoke about road conditions on Magnolia Avenue.
The following addressed City Council via Zoom:
Harvey Liss, Irvine, spoke about the Orange County Power Authority.
William McClennon asked about plans for abandoned buildings.
Kayla Asato, Orange County Environmental Justice, spoke about the Orange County Power Authority.
ZeeJay (no last name provided), Fullerton, spoke about City Council salaries, benefits, data, auto malls and parking.
Drew Price spoke about cannabis.
Munish (no last name provided) spoke about Council Member conduct, decision making and suggested City Council make it a mandate to represent the City as a whole, not individual districts.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Zahra spoke about funding for City cleanups, voting districts, museum activities and asked for data on traffic fatalities.
Mayor Pro Tem Whitaker reported on the Ground Water Replenishment System.
Council Member Charles spoke about recent District 3 events, street take overs and upcoming City events.
Dunlap encouraged the public to volunteer for LoveFullerton and spoke about council districts.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 18)
Zahra moved, seconded by Whitaker, to approve Consent Calendar Items 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 16, 17 and 18.
Motion carried 5 – 0.
Approved
APRIL 4, 2023 MEETING MINUTES
Recommendation:
Approve April 4, 2023 City Council / Successor Agency Meeting Minutes.
Adopted
POINTE COMMON AFFORDABLE HOUSING PROJECT AT 1600 WEST COMMONWEALTH AVENUE ZONING AMENDMENT ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3321
ORDINANCE NO. 3321 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO CHANGE THE ZONING CLASSIFICATION FROM MANUFACTURING GENERAL (M‑G) TO LIMITED DENSITY MULTIPLE FAMILY RESIDENTIAL (R‑3) ON A 2.50‑ACRE PARCEL OF LAND LOCATED AT 1600 WEST COMMONWEALTH AVENUE Received and filed
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
MARCH 2023 CHECK REGISTER
Recommendation:
Receive and file.
Approved
AIR QUALITY IMPROVEMENT FUND AVAILABLE BALANCE APPROPRIATION FOR FY 2022‑23 VEHICLE REPLACEMENTS Recommendation:
Approve $200,000 budget transfer and appropriation from FY 2022‑23 Budget from the Air Quality Improvement Fund (Fund 22) to the Vehicle Replacement Fund (Fund 64).
Approve informal bidding process to expedite the purchase of four eligible Super Ultra Low Emission Vehicles (SULEV).
Authorize Administrative Services Director, or designee, to issue purchase order not‑to‑exceed $200,000 to purchase four SULEV and to execute related documents.
Approved
METER HEALTH ANALYTICS PILOT PROJECT GRANT FROM METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Recommendation:
Accept and appropriate receipt and use of $50,000 2022 Innovative Conservation Program grant award in the Water Fund (Fund 44) for the Meter Health Analytics Pilot Project (Project 53628).
Authorize City Manager, Public Works Director or designee to enter into an Agreement with the Metropolitan Water District of Southern California (Metropolitan) in a form approved by the City Attorney.
Authorize City Manager, Public Works Director, or designee to enter into an Agreement with Olea Networks Inc. DBA Olea Edge Analytics (Olea), in a form approved by the City Attorney.
Authorize Public Works Director, or designee, to approve any future amendments and/or supplements with Metropolitan or Olea, in a form approved by the City Attorney.
Approved
CAL OES PASS THROUGH GRANT AND WOMEN’S TRANSITIONAL LIVING CENTER SUBAWARD AGREEMENT Recommendation:
Accept $2,000,000 grant award from Cal OES for the Women’s Transitional Living Center and authorize City Manager to submit Subaward request forms to Cal OES.
Authorize City Manager to enter into a Subaward Agreement with the Women’s Transitional Living Center, in a form approved by the City Attorney.
Authorize City Manager to execute any future amendments and/or supplements with the Women’s Transitional Living Center and/or Cal OES, in a form approved by the City Attorney.
Appropriate $2,000,000 receipt and use of grant funds to Grant Fund (Fund 32).
Adopted
MAIN PLANT PFAS WATER TREATMENT PLANT PROJECT GRANT FUNDING AND CEQA EXEMPTION Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2023‑026 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING A REPRESENTATIVE TO SIGN AND FILE A FINANCIAL ASSISTANCE APPLICATION AND TO ACCEPT AND EXECUTE A FINANCING AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR CITY OF FULLERTON MAIN PLANT PFAS WATER TREATMENT PLANT RESOLUTION NO. 2023‑027 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DETERMINING THE FULLERTON MAIN PLANT PFAS WATER TREATMENT PLANT PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Accept grant award and appropriate receipt and use of grant funds.
Approved
WELL 6 REHABILITATION PROJECT HYDROGEOLOGICAL SERVICES AND ON‑CALL HYDROGEOLOGICAL SERVICES Recommendation:
1. Authorize City Manager, Public Works Director or designee to execute $98,210 Professional Services Agreement with ENGEO Incorporated for the Well 6 Rehabilitation Project and provide as‑needed hydrogeological services, in a form approved by the City Attorney.
2. 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
12. DOWNTOWN TRASH ENCLOSURE ‑ WEST AMERIGE PARKING LOTS PROJECT Recommendation:
Approve plans and specifications for Downtown Trash Enclosure ‑ West Amerige Parking Lots Project.
Appropriate receipt and use of $209,770 CalRecycle FY 2020‑21 Beverage Container Grant funds (Fund 32) to the FY 2022‑23 Budget and appropriate receipt and use of CalRecycle grant awards through FY 2024‑25.
Approve the following appropriations in Project 55058 Downtown Trash Enclosure West Amerige Parking Lots:
$209,770 CalRecycle Grant budget transfer to Project 55058 Downtown Trash Enclosure ‑ West Amerige Parking Lots. $240,000 Infrastructure Funds budget transfer from Project 44793 Curb, Gutter and Sidewalk FY 2021‑22 to Project 55058 Downtown Trash Enclosure ‑ West Amerige Parking Lots.
Award $285,022 construction contract for the Downtown Trash Enclosure ‑ West Amerige Parking Lots Project to Golden Sun Firm & Co., Inc. and authorize City Manager, or designee, to execute and administer the 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.
Approved
13. AMERIGE PARK STADIUM NETTING PROJECT
Recommendation:
Approve plans and specifications for the Amerige Park Stadium Netting Project.
Approve $450,000 budget appropriation of Park Dwelling Funds (Fund 39) from Park Dwelling Fund balance to Project 54049 Amerige Park Stadium Netting Project (Fund 74).
Approve $150,000 re‑appropriation of American Rescue Plan Act (ARPA) Revenue Replacement Funds (Fund 74) from Project 54049 Amerige Park Stadium Netting to ARPA Funds in Project 56022 Fullerton Community Center Generator (Fund 74).
Award $385,000 sole source construction contract for Amerige Park Stadium Netting Project to West Coast Netting, Inc. and authorize City Manager, or designee, to execute the 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.
Approved
16. ELLIS PLACE SEWER REPLACEMENT AND STREET IMPROVEMENTS PROJECT Recommendation:
Approve plans and specifications for Ellis Place Sewer Replacement and Street Improvements Project.
Approve the following budget appropriations to Project 51020 Ellis Place Sewer Replacement and Street Improvements Project:
$316,000 budget transfer and appropriation of Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Project (Fund 47) $335,000 budget transfer and appropriation of Measure M2 Funds (Fund 74) from Project 44589 Annual Residential Street Program.
Award $493,190 construction contract for Ellis Place Sewer Replacement and Street Improvements Project to Palp, Inc. DBA Excel Paving Company and authorize City Manager, or designee, to execute the 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.
Approved
17. ROSECRANS AVENUE EMERGENCY WATER MAIN BREAK REPAIR Recommendation:
Approve $110,000 budget appropriation from Water Fund reserves (Fund 44) to Project 53053 Rosecrans Avenue Water Main Break Repair (Fund 44).
Receive and file report of emergency actions.
Approved
18. POLICE FLEET VEHICLE MODERNIZATION PURCHASE
Recommendation:
Authorize City Manager, or designee, authority to purchase police vehicles with Asset Seizure Funds (Fund 34) as necessary due to sourcing and supply and demand challenges.
Appropriate receipt and use of Asset Seizure Funds (Fund 34) and authorize necessary budget adjustments to effectuate such vehicle purchases.
Authorize informal purchasing process for Chief of Police, or designee, to process procurement with identified vendors.
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 19 ‑ 21)
Received and filed
19. JP23 COMPLIANCE WITH FINDINGS AND ORDER OF THE FULLERTON CITY COUNCIL REGARDING APPEAL OF DENIAL OF THE JP23 URBAN KITCHEN ENTERTAINMENT PERMIT RENEWAL APPLICATION The following addressed City Council via Zoom:
Ryan Duckett spoke about the transition of ownership for this property.
Received and filed by order of the Mayor.
Adopted
20. FISCAL YEAR 2023‑24 ROAD MAINTENANCE AND REHABILITATION (SB 1) ACCOUNT FUNDS ALLOCATION The following addressed City Council:
Jane Rands supported Active Transportation Committee review of road improvement projects.
Anjali Tapadia supported Active Transportation Committee review of road improvement projects.
The following addressed City Council via Zoom:
ZeeJay (no last name provided) spoke about issues with bicyclists on City streets and safe bike lanes.
Whitaker moved, seconded by Dunlap, to adopt Resolution No. 2023‑028.
RESOLUTION NO. 2023‑028 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023‑24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Motion carried 5 – 0.
Continued
21. COMMUNITY FOREST MANAGEMENT PLAN UPDATE
Continued to June 6 2023.
ITEMS REMOVED FROM CONSENT CALENDAR
Continued
9. FISCAL YEAR 2023‑24 CAPITAL IMPROVEMENT PROGRAM BUDGET RESIDENTIAL STREET REHABILITATION PROJECTS Item continued.
Approved
10. FULLERTON POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY RENEWAL The following addressed City Council:
Jane Rands asked for a list of items under this policy.
The following addressed City Council via Zoom:
ZeeJay (no last name provided) asked for a list of items under this policy.
Charles moved, seconded by Dunlap, to renew approval of Fullerton Police Department Policy 708 ‑ Military Equipment Use.
Motion carried 5 – 0.
Approved
14. GILBERT PARK REPAIRS AND VOLUNTARY ACCESSIBILITY IMPROVEMENTS The following addressed City Council:
Anjali Tapadia requested good quality bike racks.
Maureen Milton asked about grants for ADA improvements.
Dunlap moved, seconded by Zahra, to:
Approve plans and specifications for Gilbert Park Repairs and Voluntary Accessibility Improvements project.
Approve $115,000 budget transfer from Project 55057 Citywide ADA Improvements to Project 54052 Gilbert Park Repairs and Voluntary Accessibility Improvements (Fund 74).
Award $269,276 construction contract for Gilbert Park Repairs and Voluntary Accessibility Improvements Project to Towo Enterprise Inc. and authorize City Manager, or designee, to execute the 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.
Approved
15. BROOKHURST ROAD AT SR‑91 STREET REHABILITATION
The following addressed City Council:
Anjali Tapadia asked for better pedestrian and bicycle infrastructure in this area.
Jane Reifer spoke about committee review of this item and transit and bicycle issues.
The following addressed City Council via Zoom:
ZeeJay spoke about accounting for road funding.
Matthew Leslie suggested the Active Transportation Committee review this item.
Jung moved, seconded by Zahra, to:
Approve plans and specifications for Brookhurst Road at SR‑91 Street Rehabilitation Project.
Approve $395,000 budget transfer of Infrastructure Funds within the CIP Fund (Fund 74) from Project 44400 Annual Arterial Street Program to Project 44063 Brookhurst Road at SR‑91 Street Rehabilitation Project.
Award $325,825 construction contract for Brookhurst Road at SR‑91 Street Rehabilitation project to All American Asphalt and authorize City Manager, or designee, to execute the 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 approved project budget.
Motion carried 5 – 0.
8:52 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:52 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk