CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
May 17, 2022 – 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.
All Present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker via teleconference (arrived 4:35 p.m.), Council / Agency Members Dunlap, Silva via teleconference (arrived 4:35 p.m.), Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS – Closed Session
None.
4:33 p.m.
RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:33 p.m.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Police Officers’ Association - Public Safety Unit and Dispatcher Unit, Fullerton Police Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Per Government Code Section 54956.8 Property: 201 South Basque Avenue, Fullerton, CA (APNs: 030-290-16, 030-290-17 and 030-290-21) Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Heritage Futures / Arts OC
Under Negotiations: Price and Terms
5:31 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:31 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
may 17, 2022 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:36 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:36 p.m.
All Present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker via teleconference (arrived 5:59 p.m.), Council / Agency Members Dunlap, Silva via teleconference, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Police Chief Robert Dunn, Deputy Fire Chief Brandon Coatney INVOCATION given by Shepherd Jenni Key, Fullerton Free Church.
PLEDGE OF ALLEGIANCE led by Council Member Zahra.
CLOSED SESSION REPORT
City Attorney Jones reported that City Council unanimously voted to settle the matter of Chen v. City of Fullerton for $103, 735,49.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS
1. PROCLAMATION: Asian American Pacific Islander Heritage Month
2. PRESENTATION: Memorial Day Ceremony
PUBLIC COMMENTS Regular Session
The following addressed City Council:
Todd Harrison spoke about Rancho La Paz.
Curtis Gamble spoke about homeless issues.
Maureen Milton welcomed the new City Manager, spoke about Public Works Week and spoke about the Boy Scouts of America.
Egleth Nuncci spoke about a recent community forum.
Ryan Farsi spoke about 519 South Harbor Boulevard.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comments.
Council Member Silva welcomed City Manager Levitt.
Council Member Zahra welcomed City Manager Levitt and thanked the community for providing input.
Mayor Pro Tem Whitaker reported on the recent SCAG General Assembly meeting.
Mayor Jung spoke about hate crimes.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 – 7)
Zahra moved, seconded by Dunlap, to approve Consent Calendar Items 1 - 7.
Motion carried 5 – 0.
Approved
1. MAY 3, 2022 MEETING MINUTES
Recommendation:
Approve May 3, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed
2. APRIL 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
3. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Adopted
4. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation:
Adopt Resolution No. 2022041.
RESOLUTION NO. 2022041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, MAKING THE CONTINUED DETERMINATION OF LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY Adopted
5. UPDATED CITY COUNCIL APPOINTED SALARY SCHEDULE
Recommendation:
Adopt Resolution No. 2022042.
RESOLUTION NO. 2022042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN UPDATE TO THE SALARY SCHEDULE FOR CITY COUNCIL APPOINTED POSITIONS IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 Adopted
6. CALPERS EMPLOYER PAID MEMBER CONTRIBUTIONS
Recommendation:
Adopt Resolution No. 2022043.
RESOLUTION NO. 2022043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CONCERNING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CLASSIC MEMBERS AND REPEALING RESOLUTION NO. 202071 Approved
7. EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN CITY OF FULLERTON AND NFRED, LLC (FRONTIER REAL ESTATE INVESTMENTS) REGARDING THE FOX BLOCK DEVELOPMENT FINAL EXTENSION Recommendation:
1. Approve proposed Extension to the ENA through and including December 31, 2022, by and between the City of Fullerton and NFRED, LLC on property located on the east side of North Harbor Boulevard and west side of Pomona Avenue between Chapman Avenue and just north of Ellis Place, including the Pomona Avenue Parking Lot (Pomona Lot), Ellis Parking Lot and Triangle Lot (APNs 02903303, 04, 05, 06, APNs 02903309, 27, 28 and APN 02903221).
2. Authorize City Manager to execute ENA Extension Letter by and between the City of Fullerton and NFRED, LLC for extension of the Exclusive Negotiation period for development of a public market, small format retail and restaurants with outdoor amenities on properties.
PUBLIC HEARINGS (Items 8 – 9)
Introduced
8. SENATE BILL 9 TWOUNIT AND URBAN LOT SPLIT RESIDENTIAL DEVELOPMENT STANDARDS Mayor Jung opened the public hearing at 6:32 p.m.
The following addressed City Council:
Curtis Gamble spoke in support of SB 9.
Maureen Milton spoke about handicap accessibility.
Ryan Farsi spoke about modular housing.
The following addressed City Council via Zoom:
Sam Adreano spoke about consistent affordable housing throughout the City.
Mayor Jung closed the public hearing at 6:43 p.m.
Zahra moved, seconded by Silva, to:
1. Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO FULLERTON MUNICIPAL CODE CHAPTERS 15 (ZONING) AND 16 (SUBDIVISIONS) TO CREATE TWO RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9
2. Adopt Resolution No. 2022XXX.
RESOLUTION NO. 2022XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A FEE FOR URBAN LOT SPLITS IN CONJUNCTION WITH SB 9 PROJECTS
3. Direct Community and Economic Development staff to:
a. Commence work on updates to the historic preservation section of Fullerton Municipal Code Title 15 (Zoning) b. Commence work on creation of a citywide inclusionary housing ordinance.
Dunlap made a substitute motion, seconded by Jung, to:
1. Introduce Ordinance No. 3313 for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 3313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO FULLERTON MUNICIPAL CODE CHAPTERS 15 (ZONING) AND 16 (SUBDIVISIONS) TO CREATE TWO RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9
2. Adopt Resolution No. 2022044.
RESOLUTION NO. 2022044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A FEE FOR URBAN LOT SPLITS IN CONJUNCTION WITH SB 9 PROJECTS Substitute motion carried 4 – 1 (No: Whitaker).
Original motion failed.
City Clerk Williams read the title of the ordinance.
Zahra requested, supported by Silva, to agendize an inclusionary housing discussion at a future City Council meeting.
Silva moved, seconded by Dunlap, to direct Community and Economic Development staff to commence work on updates to the historic preservation section of Fullerton Municipal Code Title 15 (Zoning).
Motion carried 4 – 1 (No: Whitaker).
Continued to June 21, 2022
9. THE PINES AT SUNRISE VILLAGE LOCATED AT 1144 ROSECRANS AVENUE, 1715 / 1723 EUCLID STREET AND 1701 / 1751 / 1801 1900 EUCLID STREET Jung moved, seconded by Dunlap, to continue the Public Hearing for The Pines at Sunrise Village to June 21, 2022 City Council meeting at 5:30 p.m. in the Fullerton City Council Chambers.
Motion carried 5 – 0.
REGULAR BUSINESS (Items 10 – 11)
10. MAPLE NEIGHBORHOOD CENTER LEASE AGREEMENT
The following addressed City Council:
The applicant said they cannot provide rental services with their proposal.
Kitty Jaramillo spoke in support of Maple Center rentals.
Richard Ramirez spoke in support of a transparent and equitable process regarding the Maple Center.
Claudia Nagele, Fullerton, spoke in support of the Friendly Center.
Curtis Gamble suggested moving Hope Center services to the Maple Center and providing the Hope Center location to the Friendly Center.
Maureen Milton asked if the Friendly Center could restructure its services to offer multi-use to the community.
Ron Nagele, Fullerton, spoke in support of Friendly Center.
Todd Harrison spoke in opposition to this item.
Egleth Nuncci spoke in opposition to this item.
Dunlap moved, seconded by Jung, to deny the lease agreement with the Friendly Center, Inc. and direct staff to return with a budget and plan keep the Maple Center as a private rental facility.
Motion carried 5 – 0.
Council Members provided direction to staff regarding possible future possible uses of the Maple Center.
11. REQUEST TO WAIVE DAY OF MUSIC EVENT RENTAL FEES
Zahra moved, seconded by Silva to approve Day of Music Committee request for a fee waiver and staff support.
Motion carried 4 – 1 (No: Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR
None.
8:00 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:00 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
May 17, 2022 Page 1