CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
AUGUST 1, 2023 - 4:00 P.M.
Council Chamber
CALIFORNIA
03 West Commonwealth Avenu
ullerton. Californ
4:00 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:00 p.m.
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker (arrived 4:10 via teleconference), 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 / Chair Jung recessed to Closed Session at 4:01 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: One Case
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d)(4)
Initiation of Litigation: One Case
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Californians for Homeownership v. City of Fullerton City Council | Successor Agency Minutes
August 1, 2023 - Page 1
Fullerton
Case Number: OCSC 30-2022-01281840
4. CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957.6
Agency Representatives: Eddie Manfro and Jay Trinnaman
Employee Organizations: Fullerton Municipal Employees
Federation, Fullerton Management
Association, Confidential /
Non-Represented, Executive,
Fullerton Police Officers' Association
- Police Safety, Fullerton Police
Officers' Association - Dispatchers,
Fullerton Management
Association
Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 3535 West Commonwealth Avenue,
Fullerton, CA 92833
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez
Negotiating Parties: Dyer 18 LLC
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 136 East Santa Fe Avenue, Fullerton, CA
92832
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez, Community and
Development Director
Sunayana Thomas
Negotiating Parties: Bushala Brothers, Inc.
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 1600 West Commonwealth Avenue,
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Fullerton, CA 92833
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez, Community and
Economic Development Director
Sunayana Thomas, Consultant Kelley
Fritzal, Counsel Allison Le-Moine-Bui,
Rutan & Tucker
Negotiating Parties: Meta Housing, LLC
Under Negotiations: Price and Terms
5:23 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:23 p.m.
Mayor
Lucinda Williams,
City Clerk
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August 1, 2023 - Page 3
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
AUGUST 1, 2023 - 5:30 P.M.
Council Chamber
CALIFORNIA
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 (via teleconference), 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
Jonathan Radus, Fire Chief Adam Loeser
INVOCATION given by Sheikh Mohamad El Zahed, Islamic Institute of Orange County.
PLEDGE OF ALLEGIANCE led by Mayor Jung.
CLOSED SESSION REPORT
City Attorney Jones reported that Jung moved, seconded by Dunlap, to accept the agreement for 100 North Harbor Boulevard by a 4 - 0- 1 vote.
EX PARTE COMMUNICATIONS REPORT
None.
Presented PRESENTATIONS
1. PROCLAMATION: Leo Fender Day
2. CERTIFICATE: Fullerton Sister City Junior
Ambassadors
Fullerton Gity Cogust 1, 2023 SarA gency Minutes
ITEMS REMOVED FROM I CONSENT CALENDAR
ANNOUNCEMENT
Council Members pulled Consent Calendar Items 2 and 3.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Bernard (no last name provided) spoke about public comments.
Todd Harrison, Fullerton, spoke about Rancho La Paz.
• Yolanda Harrison, Fullerton, spoke about Rancho La Paz.
Fred Smoller, Chapman University, spoke about the Orange County Sustainability Decathlon.
• Zee (no last name provided) spoke about sidewalks, child safety and auto malls.
• Woudarek (no last time provided) spoke about the Fullerton Police Department.
• Bryan Kaye, Anaheim, spoke about the Anaheim Police
Department.
• Curtis Gamble spoke about homeless issues.
The following addressed City Council remotely:
• Kayla Asato, Orange County Environmental Justice, spoke about environmental inspections, sewage issues, RVs and the police department.
• Maureen Milton asked for right-hand turn signs on La Entrada. • Munish (no last time provided) spoke about committee member conduct.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
Council Member Zahra spoke about an upcoming summer social event and school transportation grants.
Council Member Dunlap congratulated Golden Hills Baseball on their California State Baseball Championship.
Council Member Charles spoke about Angelo and Vinci's restaurant, the passing of Abraham Razek, the OC Sustainability Decathlon, CalOptima, office hours and the start of the new school year. ullerton City Council | Successor Agency Minute:
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APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 15)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 and 4 through 15
Approved JULY 18, 2023 MEETING MINUTES
Recommendation:
Approve July 18, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed. PROPERTY, CASUALTY AND WORKERS' COMPENSATION
INSURANCE PROGRAM REPORT
Recommendation:
Receive and file.
Adopted CLASSIFICATION PLAN UPDATE FOR POLICE BEHAVIORAL
HEALTH CLINICIAN SERIES
Recommendation:
Adopt Resolution No. 2023-054.
RESOLUTION NO. 2023-054 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ADOPTING A CERTAIN CLASS SPECIFICATION IN THE
PERSONNEL CLASSIFICATION PLAN AND AMENDING
RESOLUTION NO. 2022-039 APPENDIX A RELATING TO
COMPENSATION FOR CONFIDENTIAL / NONREPRESENTED
EMPLOYEES
Approved 6. INFOSEND, INC. PURCHASE ORDER FOR PRINT AND MAIL
SERVICES
Recommendation:
1. Authorize Administrative Services Director, or designee, to issue purchase order not to exceed $200,000 to InfoSend, Inc. for print and mail services for General Billing, Business Registration and Utility Services.
Authorize Director of Administrative Services, or designee, to enter change orders as needed related to business needs with InfoSend, Inc. within the department operating budget.
Approved CALIFORNIA CLASS JOINT POWERS AUTHORITY
INVESTMENT POOL AS ADDITIONAL INVESTMENT OPTION
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Recommendation:
Receive and file.
Approved AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES
AGREEMENT WITH URBAN FUTURES, INC. FOR
CONTINUING DISCLOSURE AND POST-ISSUANCE
COMPLIANCE SERVICES
Recommendation:
Approve Amendment Number One to Professional Services
Agreement with Urban Futures, Inc. and authorize City
Manager, or designee, to execute agreement and related
documents including extension options, in a form approved by the City Attorney.
Authorize Director of Administrative Services, or designee, to enter into change orders for related debt compliance and reporting services within budget.
Approved ORANGE COUNTY TRANSPORTATION AUTHORITY
COOPERATIVE AGREEMENT FOR COUNTYWIDE TRAFFIC
SIGNAL SYNCHRONIZATION BASELINE PROJECT
Recommendation:
Authorize Public Works Director, or designee, to enter into Cooperative Agreement No. C-3-2415 with the Orange County Transportation Authority and to execute any amendments and/or supplements, in a form approved by the City Attorney.
Approved 10. KOREAN WAR MEMORIAL AND KOREAN GARDEN NAMING Recommendation:
Approve naming the area of Hillcrest Park adjacent to the Korean War Memorial as the Korean Garden and authorize City Manager to execute a Memorandum of Understanding with the Korean American Federation of Orange County for maintenance of the Korean Garden site.
Approved 11. VEHICLE DETECTION EQUIPMENT PURCHASE
Recommendation:
Authorize Administrative Services Director, or designee, to issue purchase orders to lteris, Inc. for vehicle detection equipment, in an amount not to exceed $200,000.
Approved 12. TRAFFIC SIGNAL CONTROLLER UNIT EQUIPMENT AND
SOFTWARE PURCHASE
Recommendation:
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Auaust 1. 2023 - Page 7
Authorize Administrative Services Director, or designee, to issue purchase orders to CT West, Inc. for traffic signal controller unit equipment and software, in an amount not to exceed $200,000.
Approved 13. SOUTH ACACIA AVENUE AND EAST VALENCIA DRIVE
STORM DRAIN REPAIR PROJECT CONTRACT AWARD
Recommendation:
Approve plans and specifications for Project 52022 South Acacia Avenue and East Valencia Drive Storm Drain Repair Project.
2. Approve $395,000 budget transfer and appropriation of Drainage Capital Outlay funds (Fund 36) from Project 52591 Annual Storm Drain Repair to Project 52022 South Acacia Avenue and East Valencia Drive Storm Drain Repair in the Capital Improvement Program Fund (Fund 74).
3. Award $328,675 construction contract for the South Acacia venue and East Valencia Drive Storm Drain Repair Proje
, Bonadiman Water Inc. and authorize City Manager, (
designee, to execute the contract, in a form approved by the City Attorney.
Authorize Public Works Director, or designee, to approve enginese change orders for construction and professional construction support services within the approved project budget
Approved 14. SIDEWALK MANAGEMENT PROGRAM CONTRACT AWARD Recommendation:
1. Approve $143,000 budget transfer and appropriation trom Project 44400 Arterial Street Program (Fund 74) to Project 44796 Sidewalk Management Program (Fund 74).
Award $119,125 contract to Bucknam Infrastructure Group, Inc. for Citywide Sidewalk Condition Assessment and
authorize City Manager, or designee, to execute the
contract, in a form approved by the City Attorney.
3. Authorize Public Works Director, or designee, to approve any future change orders for assessment services within the approved project budget.
Approved 15. BALCOM ALLEY SEWER REPLACEMENT PROJECT
CONTRACT AWARD
Recommendation:
1. Approve plans and specification for the Balcom Alley Sewer Replacement Project 51032.
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2. Approve $440,000 budget transfer and appropriation of Sewer Enterprise Funds (Fund 47) from Project 51419
Annual Sewer Replacement Project to Project 51032 Balcom Alley Sewer Replacement Project (Fund 47).
3. Award $381,400 construction contract for Balcom Alley Sewer Replacement Project to Bonadiman Water, Inc. 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.
PUBLIC HEARINGS (Items 16 - 19)
Public Comment 16. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT accepted NO. 3 (THE PINES AT SUNRISE VILLAGE) FORMATION Mayor Jung opened the public hearing at 7:01 p.m.
No members of the public addressed City Council.
Mayor Jung closed the public hearing at 7:02 p.m.
Dunlap moved, seconded by Zahra, to accept public comment.
Motion carried 4 - 1 (Opposed: Whitaker).
Adopted 17. AFFORDABLE HOUSING AND PROPERTY DISPOSITION
AGREEMENT AND AFFORDABLE HOUSING AND LOAN
AGREEMENT (HOME FUNDS) FOR POINTE COMMON AT
1600 WEST COMMONWEALTH AVENUE WITH META
DEVELOPMENT, LLC
Mayor Jung opened the public hearing at 7:05 p.m.
The following addressed City Council:
Curtis Gamble spoke in support of this item.
Mayor Jung closed the public hearing at 7:07 p.m.
Dunlap moved, seconded by Jung, to:
1. Adopt Resolution No. 2023-055.
RESOLUTION NO. 2023-055 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING AN AGREEMENT AND AN
AFFORDABLE HOUSING AND LOAN AGREEMENT
(HOME FUNDS), BOTH BY AND BETWEEN THE CITY OF
FULLERTON AND META DEVELOPMENT, LLC
Approve Affordable Housing and Property Disposition
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Agreement by and between City of Fullerton and Meta
Development, LLC.
Approve Affordable Housing and Loan Agreement (HOME
Funds) by and between City of Fullerton and Meta
Development, LLC.
4. Authorize City Manager, or designee, to make
non-substantive changes to the documents as necessary to finalize the documents and implement the documents.
Motion carried 5 - 0.
Adopted 18. GENERAL PLAN REVISION TO ADD TWO LOCAL
LANDMARKS TO THE CITY OF FULLERTON HISTORIC
PRESERVATION ELEMENT, REGISTER OF HISTORICAL
RESOURCES AND MAP OF HISTORICAL RESOURCES
Mayor Jung opened the public hearing at 7:09 p.m.
No members of the public addressed City Council.
Mayor Jung closed the public hearing at 7:09 p.m.
Dunlap moved, seconded by Zahra, to adopt Resolution No. 2023-056.
RESOLUTION NO. 2023-056 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING A GENERAL PLAN REVISION TO ADD
PROPERTY LOCATED AT 444 WEST MALVERN AVENUE
(HL-108) AND 125 WEST ELM AVENUE (HL-110) TO THE
FULLERTON PLAN HISTORIC PRESERVATION ELEMENT,
TABLE 6 - CITY OF FULLERTON LOCAL REGISTER OF
HISTORICAL RESOURCES AND EXHIBIT 3 - MAPS OF
HISTORICAL RESOURCES - NATIONAL AND LOCAL
Motion carried 5 - 0.
Authorized 19. HISTORIC PROPERTY PRESERVATION AGREEMENT
REVISIONS (MILLS ACT CONTRACT) BETWEEN CITY OF
FULLERTON AND HISTORIC PROPERTY AT 330 WEST
WHITING AVENUE OWNER
Mayor Jung opened the public hearing at 7:10 p.m.
No members of the public addressed City Council.
Mayor Jung closed the public hearing at 7:10 p.m.
Dunlap moved, seconded by Zahra, to:
1. Authorize City Manager to execute proposed revisions to the Historic Property Preservation Agreement for the property located at 330 West Whiting Avenue.
2. Authorize Director of Community and Economic
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Development to review subsequent updated schedules of
improvements and maintenance items provided by the
property owner pursuant to the Agreement prior to the tenth anniversary of the Agreement and every tenth anniversary thereafter.
Motion carried 5 - 0.
REGULAR BUSINESS (Items 20 - 23)
Approved 20. CHAPMAN AVENUE AND HART PLACE CROSSWALK
REMOVAL RECONSIDERATION
The following addressed City Council:
Silvia Huver, Fullerton, supported closing the wall gap and crosswalk safety.
• Andy Huver, Fullerton, requested closing the wall gap.
Mike Kim, Fullerton, spoke about health and safety issues in this neighborhood.
Rebecca Alber, Fullerton, spoke about safety issues in this neighborhood.
• Chris Keeler, Fullerton, requested closing off this
neighborhood for safety.
• Anjali Tapadia opposed closing the wall gap.
• Zee (no last name provided) spoke in support of child safety.
The following addressed City Council via Zoom:
• Jane Rands supported preserving bicycle the corridor and improving the crosswalk.
• Jane Reifer opposed this item.
Jung moved, seconded by Dunlap, to authorize removal of narked crosswalk at Chapman Avenue and Hart Place, authorize barrier installation at southerly right-of-way to prohibit access to the neiahborhood south of Chapman and direct the Active Transportation Committee to revisit the Bicycle Master Plan.
Motion carried 5 - 0.
Direction provided 21. HOUSING LOAN COMMITTEE DECISION FOR A DEFERRED
HOME IMPROVEMENT LOAN APPEAL
The following addressed City Council:
The applicant spoke in support of the appeal.
Jung moved, seconded by Dunlap, to direct the City Manager to Fullerton City Council | Successor Agency Minutes
August 1, 2023 - Page 11
work with the applicant regarding this issue and return to City Council for resolution.
Motion carried 5 - 0.
Adopted 22. FULLERTON MUNICIPAL CODE CHAPTER 8.46
AMENDMENTS TO REVISE RECREATIONAL VEHICLE
PARKING PROVISIONS
The following addressed City Council:
• Curtis Gamble spoke in support of this item.
The following addressed City Council via Zoom:
Kayla Asato spoke about bias in this ordinance.
Dunlap moved, seconded by Charles, to:
Make findings that the ordinances are exempt from the
California Environmental Quality Act, in that it can be seen Calmla code d Routing, Section 1506 (r). 6
they make only minor variations to time restrictions for parking of certain vehicles and primarily clarity previously existing definitions, meaning and enforcement application.
Read Urgency Ordinance No. 3322 by title only, waive
further reading of the ordinance, make urgency findings and adopt ordinance.
ORDINANCE NO 3322 - AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AMENDING FULLERTON MUNICIPAL
CODE CHAPTER 8.46 RELATING TO RECREATIONAL
VEHICLE PARKING, STOPPING AND STANDING
3. Introduce Ordinance No. 3323 for first reading by title only and waiving further reading of the ordinance.
ORDINANCE NO 3323 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
AMENDING FULLERTON MUNICIPAL CODE CHAPTER
8.46 RELATING TO RECREATIONAL VEHICLE PARKING,
STOPPING AND STANDING
City Clerk Williams read the ordinance titles.
Motion carried 5 - 0.
Approved 23. SOUTHERN CALIFORNIA EDISON STREET LIGHT
CONVERSION PILOT PROJECT
The following addressed City Council via Zoom:
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Munish Bharadwaja, Fullerton, asked for uniformity in street light design and output.
Jane Reifer asked why the City selected this neighborhood for the pilot program,
Jung moved, seconded by Dunlap, to:
1. Direct staff to coordinate with SCE to finalize pilot project agreement, design and implementation.
2. Authorize City Manager to execute Customer Owned Series Street Light System Purchase and Conversion to LS-1
Agreement once finalized.
Motion carried 5 - 0.
ITEMS REMOVED FROM CONSENT CALENDAR
Continued 2. CITY OF FULLERTON RESPONSE TO ORANGE COUNTY GRAND JURY REPORT "GIMMIE SHELTER AND A POUND
OF ADVICE, THE STATE OF ANIMAL WELFARE OVERSEEN
BY THE COUNTY OF ORANGE" (taken out of agenda order)
The following addressed City Council:
Helen Higgins urged City Council to rewrite the proposed response letter.
The following addressed City Council remotely:
• Jane Rands opposed the response letter as written.
Diane Vena asked City Council to rewrite the proposed
response letter.
• Angela Lindstrom asked City Council to support humane treatment of animals.
Zahra moved, seconded by Jung, to continue this item to the August 15, 2023 City Council meeting.
Motion carried 5 - 0.
Approved CITY OF FULLERTON RESPONSE TO ORANGE COUNTY
GRAND JURY REPORT "SCHOOL SHOOTINGS: HOW
PREPARED ARE OC PUBLIC SCHOOLS?"
Zahra moved, seconded by Dunlap to:
Review 2022-23 Orange County Grand Jury report titled,
"School Shootings: How Prepared are OC Public Schools?" Approve response letter which is consistent with responses from other agencies.
Motion carried 5 - 0.
Fullerton City Gugust 1, 5023 - Sage Agency Minutes
8:39 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:39 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
August 1, 2023 - Page 14