CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JUNE 20, 2023 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:31 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:31 p.m.
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap (arrived 4:40 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
None.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed the meeting to Closed Session at 4:33 p.m.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro, Jay Trinnaman
Employee Organizations: Fullerton Municipal Employees Federation, Fullerton Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 5:11 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:11 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JUNE 20, 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.
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 Captain Jon Radus, Fire Chief Adam Loeser INVOCATION given by Pastor Steve Aaron Hernandez, Fullerton Free.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
City Attorney Jones reported that Zahra moved, seconded by Charles, to settle the case of Denisha Parker v. City of Fullerton for $75,000.
Motion carried 4 – 0 – 1 (Absent: Dunlap).
EX PARTE COMMUNICATIONS REPORT
Council Member Charles reported she met with the Parkwest developers.
Presented
PRESENTATIONS
CERTIFICATE: United States Police and Fire Championships Hall of Fame PROCLAMATION: Parks Make Life Better Month
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
City Council pulled Consent Calendar Item 14 for further discussion.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Ellie Chung spoke about Good Hands for All.
Bernard (no last name provided), Fullerton, spoke about Council Member conduct.
Todd Harrison, Fullerton, spoke about senior and disability access.
Samuel Kim addressed City Council in Korean.
Maureen Milton spoke about flags.
Curtis Gamble spoke about homeless issues.
Unidentified speaker spoke about mobile home residents.
Unidentified speaker spoke about infrastructure and mobility impairment.
The following addressed City Council remotely:
Jenn (no last name provided) spoke about the Orange County Power Authority.
Zeejay (no last name provided) spoke about repaving city streets and auto malls.
Munish Bharadwaja spoke about assisting residents.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt reported on CalTrans projects and the Orange County Water District.
Council Member Charles thanked public speakers, spoke about the Consent Calendar process and reported on upcoming events.
Council Member Zahra reported on recent and upcoming events, spoke about the Fullerton Museum Center and asked about a youth and senior commission.
APPOINTMENTS
Appointed
COMMISSION / COMMITTEE / BOARD APPOINTMENTS
The Interview Panel recommended appointing Manuel Walker to fill an unscheduled vacancy on the Investment Advisory Committee with term ending December 31, 2025.
Whitaker moved, seconded by Jung, to ratify appointment.
Motion carried 3 – 0 – 2 (Abstain: Charles, Zahra).
CONSENT CALENDAR (Items 1 ‑ 14)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 through 13.
Motion carried 5 – 0.
Approved
JUNE 6, 2023 MEETING MINUTES
Recommendation:
Approve June 6, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
MAY 2023 CHECK REGISTER
Recommendation:
Receive and file.
Approved
DISPOSITION OF UNCLAIMED CHECKS FOR AMOUNTS $15.00 OR GREATER PURSUANT TO GOVERNMENT CODE SECTIONS 50050 ‑ 50053 Recommendation:
1. Approve voiding unclaimed checks of fifteen dollars or greater that remain uncashed after three years from the date of issuance and remain unclaimed forty‑five days following the Notice of Publication.
2. Authorize Administrative Services Director to transfer the resulting funds to the general fund or other funds as appropriate.
Received and filed
5. UNCOLLECTIBLE RECEIVABLES WRITE‑OFF REPORT FISCAL YEAR 2022‑23 Recommendation:
Receive and file.
Adopted
CLASSIFICATION PLAN UPDATE RELATING TO HOUSING MANAGER POSITION Recommendation:
Adopt Resolution No. 2023‑039.
RESOLUTION NO. 2023‑039 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2022‑031 APPENDIX A (FULLERTON MANAGEMENT ASSOCIATION) Approved
GRANT APPLICATIONS FOR UNION PACIFIC PARK IMPROVEMENTS
Recommendation:
Ratify authorization to apply for the following State and Federal grants submitted for re‑construction of Union Pacific Park. · Clean California Local Grant Program: $2.26 million
· Land and Water Conservation Fund Program: $1.15 million.
Approved
SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM AWARD
Recommendation:
1. Accept grant and approve the following budget transfers and appropriations:
· $200,000 of 2022 Safe Streets and Roads for All (SS4A) Grant Program in Project No. 46038 Fullerton Safe Streets and Roads for All Action Plan (Fund 74) · $50,000 of Gas Tax Fund (30 Fund) as local share to Project No. 46038 Fullerton Safe Streets and Roads for All Action Plan (Fund 74).
Authorize City Manager, or designee, to enter into the Grant Agreement Under the Fiscal Year 2022 SS4A Grant Program with the Federal Highway Administration.
Adopted
9. FISCAL YEAR 2023‑24 MEASURE M2 FUNDING ELIGIBILITY RENEWAL Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2023‑040 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM RESOLUTION NO. 2023‑041 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN (LSSP) FOR THE MEASURE M (M2) PROGRAM Approve and authorize staff to submit the Measure M2 Seven‑Year Capital Improvement Program for Fiscal Years 2023‑24 through 2029‑30 to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility criteria.
3. Authorize Public Works Director, or designee, to make administrative changes, including those advised by OCTA, if necessary.
Approved
10. PROFESSIONAL SERVICES AGREEMENT WITH PEREGRINE TECHNOLOGIES, INC. AND GLASS BOX TECHNOLOGY, INC. AMENDMENT NO. 5 FOR POLICE DEPARTMENT DATA ANALYSIS SOFTWARE Recommendation:
Approve Professional Services Agreement with Peregrine Technologies, Inc. and authorize City Manager, or designee, to execute and administer agreement and related documents, in a form approved by the City Attorney.
Approve Amendment No. 5 to Professional Services Agreement with Glass Box Technology, Inc. dated July 1, 2022 for services to integrate software with the Police Department network and selected database programs.
Authorize Administrative Services Director, or designee, to issue $150,000 purchase order with Peregrine Technologies, Inc. for services and software Approved
11. CLEAN CALIFORNIA MAINTENANCE AGREEMENT
Recommendation:
Authorize City Manager, or designee, to enter into and administer a Maintenance Agreement with the California Department of Transportation under the Clean California Program and authorize City Manager to execute any future amendments should additional reimbursable funding become available, in a form approved by the City Attorney.
Accept and appropriate receipt and use of $210,500 of Clean California Grant Program funds in the Landscape Maintenance Program (Program 2423) ‑ General Fund (Fund 10) for the Clean California Maintenance project and authorize future budget adjustments should additional funding become available.
Authorize City Manager, or designee, to enter into a Maintenance Services Agreement with The Sayler Group Corporation and approve any future amendments and/or supplements within reimbursable project budget, in a form approved by the City Attorney.
Approved
12. ASSOCIATED ROAD STREET IMPROVEMENTS YORBA LINDA BOULEVARD TO BASTANCHURY ROAD Recommendation:
1. Approve plans and specifications for Project 44060 Associated Road Street Improvement Project.
2. Approve the following budget transfers and appropriations:
· $409,362 Federal 2021 Pavement Management Relief Funds from Project 44400 Annual Arterial Street Program to Project 44060 Associated Road Street Improvement Project (Fund 74) · $330,200 American Rescue Plan Act Funds (Fund 38) from Project 44589 Annual Residential Street Program to Project 44060 Associated Road Street Improvement Project (Fund 74).
3. Approve and authorize City Manager, or designee, to execute and administer $688,695 construction contract with R.J. Noble Company for Project 44060 Associated Road Street Improvement Project, 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. UNION AVENUE BRIDGE REPAIR
Recommendation:
1. Approve plans and specifications for the Union Avenue Bridge Repair Project.
2. Approve $250,000 budget transfer and American Rescue Plan Act Funds (Fund 74) appropriation from Project 44589 Residential Street Program to Project 48007 Union Avenue Bridge Repair Project (Fund 74).
3. Award $222,865 construction contract for the Union Avenue Bridge Repair project to Oak Hollow Restoration, Inc. 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.
PUBLIC HEARINGS (Item 15)
Adopted
15. THE TRACKS AT FULLERTON STATION DEVELOPMENT
Mayor Jung opened the public hearing at 6:50 p.m.
The following addressed City Council:
Andrew Meling, Southwest Carpenters Union, supported hiring local contractors at prevailing wages.
Ann Gread, Fullerton Heritage, spoke in support of the project.
Karen Lloreda spoke about reduced parking, density bonuses and construction timing.
Sabine Andrassy asked for a traffic light at East Santa Fe and Lemon and spoke about security and construction impacts.
Anjali Tapadia spoke about transit-oriented development and non-motorized transportation.
Curtis Gamble spoke in support of this item.
Maureen Milton spoke about the lack of ground floor units and mobility.
Matthew Seltzer asked for a traffic signal at Lemon and Santa Fe in place before construction starts.
Unidentified speaker supported a traffic signal at Lemon and Santa Fe and spoke about fire safety.
Elizabeth Hansburg, Fullerton, spoke in support of this project.
Curt Johnston spoke about project architecture.
Tony Bushala spoke in opposition to this project.
The following addressed City Council remotely:
Zeejay (no last name provided) spoke about affordable housing, parking and water.
Camden Dunn spoke in opposition to this project.
Jane Reifer said this project puts too much in one place.
Julie Crocket spoke in opposition to this project.
Andrew Gregson, North Orange County Chamber of Commerce, spoke in support of this project.
Mayor Jung closed the public hearing at 8:23 p.m.
Charles moved, seconded by Zahra, to adopt the following resolutions:
RESOLUTION NO. 2023‑042 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN TO ALLOW REDEVELOPMENT OF 1.66 ACRES (2 LOTS, ASSESSOR PARCEL NUMBER 033‑030‑18) WITH A NEW MIXED‑USE, SIX‑STORY, 206,000 SQUARE‑FOOT BUILDING AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE CEQA GUIDELINES SECTION 15162 RESOLUTION NO. 2023‑043 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AUTHORIZING ESTABLISHMENT OF A HOTEL WITH A 3,750 SQUARE‑FOOT RESTAURANT LOCATED AT THE SOUTHEAST CORNER OF POMONA AVENUE AND SANTA FE AVENUE ‑ APN 033‑030‑18 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE CEQA GUIDELINES SECTION 15162 RESOLUTION NO. 2023‑044 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP TPM 2023‑128 TO CREATE A MIXED‑USE RESIDENTIAL AND HOTEL DEVELOPMENT WITH A SUBDIVISION OF THE PROPERTY INTO THREE PARCELS, WITH TWO LOTS (1.66 ACRES) OWNED BY THE PROJECT APPLICANT TO CREATE THE DEVELOPMENT SITE, WHILE THE THIRD LOT WILL PRESERVE THE TRAIN STATION AND TRAIN PLATFORM AND APPROVE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS UNDER STATE GUIDELINES SECTION 15162 Motion carried 3 – 2 (Opposed: Dunlap, Jung).
REGULAR BUSINESS (Items 16 ‑ 18)
Adopted
16. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) FORMATION Dunlap moved, seconded by Jung, to adopt the following resolutions:
RESOLUTION NO. 2023‑045 ‑ RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) RESOLUTION NO. 2023‑046 ‑ RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT SUNRISE VILLAGE) Motion carried 4 – 1 (Opposed: Whitaker).
Direction provided
17. CITYWIDE RETAIL MARKET STUDY
The following addressed City Council:
Karen Lloreda commented on the action items in the report.
Anjali Tapadia spoke about walkability.
Maureen Milton spoke about publications for visitors.
Curt Johnston spoke about freeway access and paid parking.
The following addressed City Council remotely:
Zeejay (no last name provided) spoke about auto malls.
City Council provided direction to staff.
Adopted
18. PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AT 3535 WEST COMMONWEALTH AVENUE (APN 030‑040‑15) The following addressed City Council:
Curtis Gamble spoke in opposition to this item.
Curt Johnson questioned the location for this shelter.
Jung moved, seconded by Dunlap, to:
1. Adopt Resolution No. 2023‑047.
RESOLUTION NO. 2023‑047 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA AUTHORIZING A REAL ESTATE PURCHASE AGREEMENT BETWEEN DYER 18 LLC AND THE CITY OF FULLERTON FOR PURCHASE OF REAL PROPERTY LOCATED AT 3535 WEST COMMONWEALTH AVENUE FOR THE PURCHASE PRICE OF NINE MILLION FIVE HUNDRED AND EIGHTY THOUSAND DOLLARS
2. Authorize City Manager to execute Purchase and Sale Agreement and all required documents for acquisition of real property located at 3535 West Commonwealth Avenue (APN 030‑040‑15) in the amount of $9,580,000 plus closing costs and escrow fees, subject to non‑substantive changes approved by the City Manager and City Attorney.
3. Authorize appropriation to purchase subject property.
Motion carried 4 – 1 (Opposed: Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
14. WATER MAIN REPLACEMENT ‑ VARIOUS LOCATIONS PROJECT
Whitaker moved, seconded by Zahra, to:
1. Approve plans and specifications for Project 53026 Water Main Replacement ‑ Various Locations Project.
2. Approve $3,092,000 budget transfer from Water Funds from Project 53250 Water Main System Replacement (Fund 74) to Project 53026 Water Main Replacement ‑ Various Locations Project (Fund 44).
3. Award $2,831,970 construction contract for Water Main Replacement ‑ Various Locations Project to Big Ben, Inc. 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.
Motion carried 5 – 0.
9:54 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 9:54 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk