CITY OF FULLERTON
FULLER CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
Z MAY 2, 2023 - 4:30 P.M.
CALIFORNIA Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:32 p.m. CALL TO ORDER
Mayor Pro Tem Whitaker called the meeting to order at 4:32 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung (arrived via teleconference 4:35 p.m.), 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
PUBLIC COMMENTS - Closed Session
None.
RECESS TO CLOSED SESSION
Mayor Pro Tem Whitaker recessed to closed session at 4:34 p.m.
CLOSED SESSION
1. CONFERENCE : WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Hector Hernandez, et al v. City of Fullerton, et al
Case Number: USDC 8:20-CV-01 747 CJC (JDEx)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(dl)(1)
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Name of Case: Thomas Schultz v. City of Fullerton
Case Number: ADJ 12184241
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Denisha Parker v. City of Fullerton
Case Number: OCSC 30-2021-01209980
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: Fullerton Museum Center, 301 North
Pomona Avenue, Fullerton, CA 92832
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez
Negotiating Parties: North Orange County Community
College District
Under Negotiations: Price and Terms
5:32 p.m. ADJOURNMENT
Mayor Pro Tem Whitaker adjourned the meeting at 5:32 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
MAY 2, 2023 - 5:30 P.M.
CALIFORNA Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:37p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:37 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung (via teleconference), 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
NOTIFICATION OF REMOTE PARTICIPATION FOR
JUST CAUSE PROVISIONS
Notification made for Mayor Jung remote participation per Just Cause provision.
INVOCATION given by Pastor Dwayne Evans, Christian Life Center.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
None.
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EX PARTE COMMUNICATIONS REPORT
None.
Presented PRESENTATIONS
1. CERTIFICATE: Fullerton School District Speech and
Debate Nationals
2. PROCLAMATION: Drinking Water Week
3. PRESENTATION: Fullerton Sister City Association
ITEMS REMOVED FROM CONSENT CALENDAR
ANNOUNCEMENT
City Council Members announced items pulled from the Consent Calendar.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
Denise Moore, Fullerton, spoke in opposition to Associated Road redesignation.
Jeff Hazard, Fullerton, spoke in opposition to Associated Road redesignation.
• Sue Hazard, Fullerton, spoke in opposition to Associated Road redesignation.
• Todd Harrison, Fullerton, spoke about Rancho La Paz.
Yolanda Harrison spoke about traffic conditions and
homeless issues.
George Moore, Fullerton, spoke in opposition to Associated Road redesignation.
Maureen Milton, Fullerton, complimented the City meetings calendar and spoke about Sister City gifts.
Jerry O'Quinn, Fullerton, spoke in opposition to Associated Road redesignation.
• Bernard (no last name provided) spoke about Council
Member conduct.
• Carmen Reyes spoke about street vendors.
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• Karen Lorreda spoke about the Day of Music fee waiver request
Todd Huffman spoke about the Day of Music fee waiver
request and requested repainting crosswalks.
Anjali Tapadia spoke in support of a bike lane on
Associated Road.
• Isle Miranda, Fullerton, spoke about illegal cannabis dispensaries.
Curtis Gamble spoke about homeless issues.
Jo Messina spoke about a quiet zone for trains at Acacia and Walnut.
• Aubrey Messina spoke about a quiet zone for trains at Acacia and Walnut.
• Dave Messina spoke about a quiet zone for trains at Acacia and Walnut.
Curt Johnston spoke about the train station elevators and supported keeping four lanes on Associated Road.
The following addressed City Council remotely:
Kayla Asato, Orange County Environmental Justice, spoke about homelessness, housing and parking.
Zeejay (no last name provided) spoke about auto malls,
islands on Orangethorpe Avenue and bicycles.
Munish Bharadwaja spoke about Associated Road
reclassification.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comment.
Council Member Charles spoke about Associated Road, new Ketchum University President, attendance at recent events and announced office hours.
Council Member Dunlap reported on attendance at recent events and invited all to the Downtown Fullerton Market.
Mayor Pro Tem Whitaker reported on a recent Arbor Day event and reported the OC Sanitation District has received federal funding for a Supercritical Water Oxidation project.
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Council Member Zahra spoke about attendance at recent
community events, thanked Ocean Subaru for their philanthropic efforts, requested, supported by Charles, to agendize a discussion of train quiet zones, asked for updates on workforce programs for the unhoused and the Lemon / Valencia intersection and supported honoring City crossing guards.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 10)
Dunlap moved, seconded by Zahra, to approve Consent Calendar items 1, 2, 3, 5, 6, 7, 8 and 10.
Motion carried 5 - 0.
Approved 1. APRIL 18, 2023 MEETING MINUTES
Recommendation:
Meting Minute 13, 2023 City Council / Successor Agency
Received and filed 2. THIRD QUARTER TREASURER'S REPORT FOR FISCAL YEAR 2022-23
Recommendation:
Receive and file.
Approved DAY OF MUSIC COMMITTEE FEE WAIVER REQUEST
Recommendation:
City Council could waive the following Day of Music fee waiver requests, consistent with City Council action last year:
• Fees for Use of Facilities $2,530
• Fees for City Expenses $1,520
• Refundable Deposits $750.
allerton City Council I Successor Agency Minute
av 2. 2023 - Page
Approved 5. POLICE DEPARTMENT MASTER EQUITY LEASE
PROGRAM FOR POLICE VEHICLES UPDATE
Recommendation:
Approve $100,000 budget transfer and appropriation to Fiscal Year 2022-23 Budget from General Fund (Fund 10) to the
Vehicle Replacement Fund (Fund 64) for Master Equity
Lease Agreement with Enterprise Fleet Management Year 1.
Approved 6. CLOSED CIRCUIT TELEVISION NETWORK AND
SECURITY UPGRADES PROJECT AMENDMENT
Recommendation:
1. Approve Amendment No. 1 to the Professional Services Agreement with Wachter, Inc. dated October 6, 2021.
2. Approve $292,743 change orders with Wachter, Inc. and Glass Box Technology, Inc. to provide security upgrades to various City facilities.
3. Authorize re-allocation and appropriation of $617,334 American Rescue Plan Act funding for the Closed-Circuit Television (CCTV) Project from the General Fund (Fund
10) to Project 6380 CCTV Network and Security Upgrades
project in the IT Fund (Fund 68).
4. Authorize City Manager, or designee, to approve
purchase or change orders for the CCTV network
upgrades within the approved project budget.
Approved 7. VERIZON WIRELESS TELECOM LEASE AGREEMENT
AMENDMENT - 2470 WEST PIONEER AVENUE COYOTE
RESERVOIR
Recommendation:
Approve and authorize City Manager, or designee, to execute and administer the First Amendment to Telecommunications Site Lease Agreement with Los Angeles SMSA Limited
Partnership with an April 19, 2023 effective date, in a form approved by City Attorney.
Approved RESIDENTIAL SLURRY SEAL AND MISCELLANEOUS
REHABILITATION PROJECT FISCAL YEAR 2022-23
CONTRACT AWARD
Recommendation:
1. Approve plans and specifications for the Residential Slurry Seal and Miscellaneous Rehabilitation Project - Fiscal
Year (FY) 2022-23.
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2. Approve $100,000 budget transfer of Measure M2 Funds (Fund 74) from Project 44047 Raymond / SR-91 Street
Improvement Project to Project 44697 Residential Slurry Seal and Miscellaneous Rehabilitation Project - FY
2022-23 (Fund 74).
3. Award $84,023.05 construction contract for the
Residential Slurry Seal and Miscellaneous Rehabilitation Project - FY 2022-23 (Project 44697) to Petrochem
Materials Innovation, LLC 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 10. CASA BLANCA-BARRIS-FERN AREA SEWER AND
STREET IMPROVEMENTS PROJECT CONTRACT AWARD
Recommendation:
1. Approve plans and specifications for the Casa
Blanca-Barris-Fern Drive Area Sewer and Street
2. Authorize City Manager to award, administer and execute a construction contract not to exceed $3,200,000 with an approved contractor for Casa Blanca-Barris-Fern Drive
Area Sewer and Street Improvements Project (Project
51030), in a form approved by the City Attorney. The City shall competitively bid the project pursuant to the Public Contract Code and the Fullerton Municipal Code.
3. Authorize City Manager to conduct a public hearing to hear bid protests, if any protests submitted to the City.
PUBLIC HEARINGS (Item 11)
Approved as 11. FISCAL YEAR 2023-24 ANNUAL ACTION PLAN FOR amended COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
Mayor Pro Tem Whitaker opened the public hearing at 7:54 p.m.
The following addressed City Council:
• Curtis Gamble spoke in opposition to this item.
The following addressed City Council remotely:
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• Kayla Asato, Orange County Environmental Justice,
asked questions about lead testing.
Mayor Pro Tem Whitaker closed the public hearing at 8:00 p.m.
Mayor Jung left the meeting at 8:01 p.m.
Dunlap moved, seconded by Zahra, to:
1. Approve the 2023-24 Annual Action Plan and authorize staff to submit documents to HUD for approval by the
HUD due date, reducing the funding for Community and
Economic Development Case Management by $5000 and
reallocate $3000 to Pathways of Hope and $2000 to
Meals on Wheels.
2. Authorize Director of Community and Economic
Development, or designee, to execute the 2023-24 CDBG
agreements with non-profits and City Departments,
reducing the funding for Community and Economic
Development Case Management by $5000 and reallocate
$3000 to Pathways of Hope and $2000 to Meals on
Wheels.
3. Authorize Director of Community and Economic
Development to execute a letter informing Harbor View
Terrace Apartments that the condition of awarding CDBG
funds to this project is a one-time occurrence and that management is responsible for future maintenance and
repairs.
Motion carried 4 - 0 - 1 (Jung absent).
REGULAR BUSINESS (Items 12 - 16)
Approved 12. DEED TRANSFERS RECOGNIZING SALE OF
PROPERTIES LOCATED AT 301 AND 315 NORTH
POMONA AVENUE TO THE NORTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT PURSUANT TO A 1974
LEASE PURCHASE AGREEMENT AND IMPOSING
RESTRICTIONS ON USE
Dunlap moved, seconded by Zahra, to approve recording
deeds recognizing the sale of 301 North Pomona Avenue
(APN 033-012-18) and 315 North Pomona Avenue (APN
033-012-17) to the North Orange County Community College District pursuant to a 1974 Lease Purchase Agreement.
Motion carried 4 - 0 - 1 (Jung absent).
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Approved 13. FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT
PROGRAM BUDGET RESIDENTIAL STREET
REHABILITATION PROJECTS (Continued from April 18,
2023)
Dunlap moved, seconded by Zahra to approve staff
recommendations for Fiscal Year 2023-24 residential street rehabilitation project locations.
Motion carried 4 - O - 1 (Absent: Jung).
Direction provided 14. NEW AND REVISED FIRE DEPARTMENT SERVICES FEES
The following addressed City Council:
• Karen Lorreda supported recovering full cost for City services.
Dunlap moved, seconded by Charles, to:
1. Direct staff to submit proposed fee changes, as
recommended by the Fire fee study, to the Fire
Department Fee Schedule to approach full cost recovery
over a three-year period beginning Fiscal Year 2023-24
for approval at a June 6, 2023 Public Hearing.
2. Direct staff to submit the proposed new Fire Department fees, as recommended by the Fire tee study, to approach full cost recovery over a three-year period for Fire services currently provided by the department and not recovered
starting Fiscal Year 2023-24 for approval at a June 6,
2023 Public Hearing.
Motion carried 4 - 0 - 1 (Jung absent).
Direction provided 15.
Charles moved, seconded by Zahra, to direct staff to submit proposed fee changes, as recommended by the Community
and Economic Development Department, beginning Fiscal
Year 2023-24 for approval at a June 6, 2023 Public Hearing.
Motion carried 4 - 0 - 1 (Jung absent).
Adopted 16. CHIEF OF POLICE AMENDED AND RESTATED
EMPLOYMENT AGREEMENT
The following addressed City Council:
• Egleth Nuncci spoke in support of this item.
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The following addressed City Council remotely:
• Zeevay (no last name provided) spoke about recent
increases to the Police Chief salary.
Zahra moved, seconded by Dunlap, to:
1. Authorize Mayor to execute Amended and Restated
Employment Agreement between City of Fullerton and
Chief of Police Robert Dunn II.
2. Adopt Resolution No. 2023-029.
RESOLUTION NO. 2023-029 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SALARY SCHEDULE FOR
CITY COUNCIL APPOINTED POSITIONS IN
ACCORDANCE WITH CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 570.5
REQUIREMENTS
Motion carried 4 - 0 - 1 (Jung absent).
ITEMS REMOVED FROM CONSENT CALENDAR
(items taken out of agenda order)
Approved 4. FIRE APPARATUS PURCHASE
Jung moved, seconded by Charles, to:
1. Authorize Director of Administrative Services, or designee,
2. Authorize Director of Administrative Services, or designee, to issue a | $1,169,061.25 purchase order to Pierce
Manufacturing for acquisition of one fire engine with
required safety equipment following Fiscal Year 2023-24 budget adoption.
Motion carried 5 - 0.
Approved 9. MORELIA AVENUE AND JUANITA COOKE TRAIL
IMPROVEMENTS CONTRACT AWARD
The following addressed City Council:
• Karen Lorreda asked how the project numbers
correspond to items on the CIP maps.
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Zarha moved, seconded by Dunlap, to:
1. Approve plans and specifications for the Morelia Avenue Juanita Cooke Trail Improvement Project (Project 54044).
2. Approve $537,000 budget transfer and appropriation of American Rescue Plan Act Revenue Replacement Funds
from Project 44589 Residential Street Program to Project 54044 Morelia Avenue and Juanita Cooke Trail
Improvement Project (Fund 74).
3. Approve $532,750 budget transfer and appropriation of Park Dwelling Funds from Project 54044 Morelia Avenue
and Juanita Cooke Trail Improvement Project to Park
Dwelling Fund balance (Fund 39).
4. Award $672,450 construction contract for the Morelia Avenue and Juanita Cooke Trail Improvement Project to
Towo Enterprise, Inc. and authorize City Manager, or
the Gily A, to execute the contract, in a form approved by
5. 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.
8:52 p.m. ADJOURNMENT
Mayor Pro Tem Whitaker adjourned the meeting at 8:52 p.m.
Fred Jung
Mayor
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