CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
AUGUST 1, 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.
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
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 Case Number: OCSC 30‑2022‑01281840
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 Police Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 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 Economic 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, 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.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
AUGUST 1, 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 (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
ITEMS REMOVED FROM 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.
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.
4. PROPERTY, CASUALTY AND WORKERS’ COMPENSATION INSURANCE PROGRAM REPORT Recommendation:
Receive and file.
Adopted
5. 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.
2. 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
7. CALIFORNIA CLASS JOINT POWERS AUTHORITY INVESTMENT POOL AS ADDITIONAL INVESTMENT OPTION Recommendation:
Receive and file.
Approved
8. AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES, INC. FOR CONTINUING DISCLOSURE AND POST‑ISSUANCE COMPLIANCE SERVICES Recommendation:
1. 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.
2. Authorize Director of Administrative Services, or designee, to enter into change orders for related debt compliance and reporting services within budget.
Approved
9. 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 Iteris, Inc. for vehicle detection equipment, in an amount not to exceed $200,000.
Approved
12. TRAFFIC SIGNAL CONTROLLER UNIT EQUIPMENT AND SOFTWARE PURCHASE Recommendation:
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:
1. 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 Avenue and East Valencia Drive Storm Drain Repair 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.
Approved
14. SIDEWALK MANAGEMENT PROGRAM CONTRACT AWARD
Recommendation:
1. Approve $143,000 budget transfer and appropriation from Project 44400 Arterial Street Program (Fund 74) to Project 44796 Sidewalk Management Program (Fund 74).
2. 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.
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 accepted
16. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT 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:
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 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.
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 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 marked crosswalk at Chapman Avenue and Hart Place, authorize barrier installation at southerly right‑of‑way to prohibit access to the neighborhood 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 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:
1. Make findings that the ordinances are exempt from the California Environmental Quality Act, in that it can be seen with certainty that there is no possibility that the ordinances may have a significant effect on the environment (14 California Code of Regulations, Section 15061 (b)(3)), as they make only minor variations to time restrictions for parking of certain vehicles and primarily clarify previously existing definitions, meaning and enforcement application.
2. 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:
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
3. CITY OF FULLERTON RESPONSE TO ORANGE COUNTY GRAND JURY REPORT “SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS?” Zahra moved, seconded by Dunlap to:
1. Review 2022‑23 Orange County Grand Jury report titled, “School Shootings: How Prepared are OC Public Schools?”
2. Approve response letter which is consistent with responses from other agencies.
Motion carried 5 – 0.
8:39 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:39 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk