CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
MAY 2, 2023 – 4:30 P.M.
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
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)
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Thomas Schultz v. City of Fullerton
Case Number: ADJ 12184241
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
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
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
MAY 2, 2023 – 5:30 P.M.
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.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS
CERTIFICATE: Fullerton School District Speech and Debate Nationals PROCLAMATION: Drinking Water Week
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.
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.
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
APRIL 18, 2023 MEETING MINUTES
Recommendation:
Approve April 18, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
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.
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:
Approve Amendment No. 1 to the Professional Services Agreement with Wachter, Inc. dated October 6, 2021.
Approve $292,743 change orders with Wachter, Inc. and Glass Box Technology, Inc. to provide security upgrades to various City facilities.
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).
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
8. 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.
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.
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
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 Improvements Project.
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 amended
11. FISCAL YEAR 2023‑24 ANNUAL ACTION PLAN FOR 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:
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:
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.
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.
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
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).
Approved
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 – 0 – 1 (Absent: Jung).
Direction provided
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:
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.
Direct staff to submit the proposed new Fire Department fees, as recommended by the Fire fee study, to approach at full cost recovery rate 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
NEW AND REVISED COMMUNITY AND ECONOMIC DEVELOPMENT ‑ PLANNING AND ZONING FEES 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
CHIEF OF POLICE AMENDED AND RESTATED EMPLOYMENT AGREEMENT The following addressed City Council:
Egleth Nuncci spoke in support of this item.
The following addressed City Council remotely:
ZeeJay (no last name provided) spoke about recent increases to the Police Chief salary.
Zahra moved, seconded by Dunlap, to:
Authorize Mayor to execute Amended and Restated Employment Agreement between City of Fullerton and Chief of Police Robert Dunn II.
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
FIRE APPARATUS PURCHASE
Jung moved, seconded by Charles, to:
Authorize Director of Administrative Services, or designee, to issue a $3,365,706.63 purchase order(s) to Pierce Manufacturing for acquisition of one fire engine and one fire quint with required safety equipment in Fiscal Year 2022‑23.
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.
Zarha moved, seconded by Dunlap, to:
Approve plans and specifications for the Morelia Avenue Juanita Cooke Trail Improvement Project (Project 54044).
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).
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).
Award $672,450 construction contract for the Morelia Avenue and Juanita Cooke Trail Improvement 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.
8:52 p.m.
ADJOURNMENT
Mayor Pro Tem Whitaker adjourned the meeting at 8:52 p.m. _____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk