CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
jULY 5, 2022 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:32 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:32 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker (arrived 4:37 p.m.), Council / Agency Members Dunlap (arrived 4:33 p.m.), Silva 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 4:32 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 Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
2. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
3. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:28 p.m.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
JULY 5, 2022 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:32 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:32 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap (via teleconference), Silva (arrived 5:33 p.m.), Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Police Chief Robert Dunn, Fire Chief Adam Loser INVOCATION given by Police Chaplain Charles Frost.
PLEDGE OF ALLEGIANCE led by Council Member Dunlap.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Council Member Zahra reported he received a text message from the Fullerton Firefighters Association.
Council Member Silva reported he received a text message from the Fullerton Firefighters Association.
Mayor Jung reported he received a text message from the Fullerton Firefighters Association.
Presented
PRESENTATIONS
1. PRESENTATION: Fullerton High School Baseball
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison, Fullerton, asked City Council to consider amending state lobbyist regulations.
Tony Package, Fullerton, spoke about public right-of-way at 100 Commonwealth Avenue.
Maureen Milton spoke about cobblestones installed at street crossings.
Joshua Ferguson spoke about Consent Calendar Item 6 and legalizing marijuana dispensaries in Fullerton.
Curtis Gamble spoke about homeless issues.
Bernard Oh spoke about outside interests and influence on council members.
Steve Boone asked about reimbursement from a recent trash strike.
Curt Johnston spoke about the Wilshire bike lane and public water fountains.
Zjay Hahn asked about reimbursement from a recent trash strike.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt and City Attorney Jones responded to issues arising during public comments.
Council Member Zahra asked staff to investigate the cobblestone crosswalk.
Council Member Silva asked for an update on security and negotiations at the Hunt Library, the City’s no camping ordinance and marijuana ordinances.
Whitaker asked for an update on Hunt Library negotiations at the next meeting.
Council Member Dunlap congratulated Fullerton teams playing in the District 56 Little League Championship.
Jung thanked State Senator Newman and Assembly Member Quirk-Silva for new state budget funding for the navigation center, North Orange County Collaborative and West Coyote Hills.
APPOINTMENTS
Continued
1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Item continued.
CONSENT CALENDAR (Items 1 ‑ 10)
Dunlap moved, seconded by Whitaker, to approve Consent Calendar Items 1, 2, 3, 4, 5, 6, 8 and 10.
Motion carried 5 – 0.
Approved
1. JUNE 21, 2022 MEETING MINUTES
Recommendation:
Approve June 21, 2022 City Council / Successor Agency Meeting Minutes.
Adopted
2. SMALL WIRELESS COMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHT‑OF‑WAY ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3315.
ORDINANCE NO. 3315 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING CHAPTER 15.53 AND MAKING RELATED CHANGES TO CHAPTERS 15.55 AND 15.66 OF THE MUNICIPAL CODE TO REVISE THE STANDARDS FOR WIRELESS COMMUNICATIONS FACILITIES AND RELATED INFRASTRUCTURE WITHIN THE PUBLIC RIGHT‑OF‑WAY Adopted
3. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation:
Adopt Resolution No. 2022‑061.
RESOLUTION NO. 2022‑061 ‑ 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 Received and filed
4. THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2021‑22 Recommendation:
1. Receive and file Third Quarter Financial Report for Fiscal Year 2021‑22.
2. Authorize City Manager, or designee, to effectuate any budget amendments and transfers necessary to ensure budgetary and accounting compliance in preparation of the FY 2021‑22 audited financial statements.
Adopted
5. DONATIONS AND GIFTS FOR FISCAL YEAR 2022‑23
Recommendation:
1. Adopt Resolution No. 2022‑062.
RESOLUTION NO. 2022‑062 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF FUNDS AND GIFTS DONATED TO THE CITY IN FISCAL YEAR 2022‑23 FOR THEIR INTENDED PURPOSES
2. Authorize City Manager, or designee, to accept cash donations and gifts received in Fiscal Year 2022‑23 for various City programs, community events and/or purchase of certain goods in keeping with community values.
Adopted
6. AUTHORIZATION FOR CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM THE CALIFORNIA HIGHWAY PATROL Recommendation:
1. Adopt Resolution No. 2022‑063.
RESOLUTION NO. 2022‑063 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM CALIFORNIA HIGHWAY PATROL
2. Appropriate $500,000 CHP Cannabis Tax Fund Grant Program allocation to Police Department budget within the Grant Fund (Fund 32).
Approved
8. MASTER EQUITY LEASE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC. FOR TEN LEASED VEHICLES Recommendation:
1. Approve and authorize City Manager, or designee, to execute and administer a Master Equity Lease Agreement with Enterprise Fleet Management, Inc. for ten Police light‑duty vehicle lease and related insurance agreements, in a form approved by City Attorney.
2. Authorize City Manager, or designee, to execute Enterprise Schedules to the Master Lease Agreement for individual motor vehicles, together with any other necessary documents in connection with those Enterprise Schedules and to effectuate and manage ongoing Enterprise Fleet Management program options for ten Police light‑duty vehicles.
3. Authorize City Manager, or designee, to execute and administer automatic lease renewals for ten Police light‑duty vehicles, including related insurance agreements.
Approved
10. GLENWOOD‑FORD AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES AWARD Recommendation:
1. Approve the following budget transfers to and appropriation in Project 53029 Glenwood‑Ford Area Water Main Replacement Project:
· Transfer $45,000 Water Funds from Project 53250 Water Main System Replacement to Project 53029 Glenwood‑Ford Area Water Main Replacement (Fund 44). · Transfer $115,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 53029 Glenwood‑Ford Area Water Main Replacement (Fund 74).
2. Authorize Public Works Director to execute $142,970 purchase order with JIG Consultants for Professional Engineering Design Services for Glenwood‑Ford Area Water Main Replacement Project.
3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services and perform the required budget transfers within the approved spending limits.
PUBLIC HEARING (Item 11)
Appeal denied
11. APPEAL OF APPROVAL OF MAJOR SITE PLAN AT 1201 ‑ 1223 SOUTH STATE COLLEGE BOULEVARD (GOODMAN LOGISTICS CENTER FULLERTON) Mayor Jung opened the public hearing at 6:27 p.m.
The applicant discussed the project with City Council.
Jane Reifer, appellant, discussed the appeal with City Council.
The following addressed City Council:
Tony Package, Fullerton, spoke about traffic impacts from the project.
Curtis Gamble spoke about SB 2 zoning and safe parking programs.
Maureen Milton asked where the tractors would park.
The following addressed City Council: via Zoom :
Kayla Asato, Orange County Environmental Justice, spoke in opposition to this project.
Mayor Jung closed the Public Hearing at 6:50 p.m.
Zahra requested, supported by Jung, to bring back an item to consider truck routes in the city.
Zahra asked for discussion regarding what other cities do and available funding to improve air quality.
Zahra moved, seconded by Dunlap, to adopt Resolution No. 2022‑064.
RESOLUTION NO. 2022‑094 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO CONSTRUCT A TRAILER YARD ON PROPERTY ZONED M ‑ G ES, MANUFACTURING GENERAL, EMERGENCY SHELTER OVERLAY Motion carried 4 – 0 – 1 (Abstain: Whitaker).
REGULAR BUSINESS (Items 12 ‑ 16)
Direction provided
12. INCLUSIONARY HOUSING INFORMATION
The following addressed City Council:
Jane Reifer spoke in support of inclusionary housing.
Bernard Oh spoke in support of inclusionary housing.
Joshua Ferguson spoke in opposition to spending city funds to study inclusionary housing.
The following addressed City Council via Zoom :
Kayla Asato spoke in support of inclusionary housing.
Zahra moved, seconded by Silva, to continue this item and direct staff to provide a comparison chart for inclusionary housing in other cities and incorporate the discussion as part of the housing element update as soon as possible.
Dunlap made a substitute motion, seconded by Whitaker, to receive and file.
Substitute motion failed 2 – 3 (In support: Dunlap, Whitaker).
Original motion carried 3 – 2 (Opposed: Dunlap, Whitaker).
Direction provided
13. ORANGE COUNTY POWER AUTHORITY DISCUSSION
The following addressed City Council:
Joshua Ferguson suggested the City not mandate participation in the Orange County Power Authority until audits conclude.
Bernard Oh, Fullerton, spoke in support of an independent investigation.
The following addressed City Council via Zoom :
Kayla Asato supported the City of Irvine’s audit.
Jung moved, seconded by Silva, to direct the City Manager to send a letter to the Orange County Power Authority stating the City’s concerns, support the City of Irvine retaining an independent auditor and direct City Manager to maintain communication with Irvine during the audit.
Motion carried 5 – 0.
Adopted
14. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION POLICE SAFETY AND DISPATCHER UNITS The following addressed City Council:
Joshua Ferguson asked what benefits this item provides residents.
Zjay Hahn asked about the increases discussed during the presentation.
Curtis Gamble spoke in support of this item.
The following addressed City Council via Zoom :
Kayla Asato spoke in opposition to pay increases.
Silva moved, seconded by Zahra, to adopt the following resolutions:
RESOLUTION NO. 2022‑065 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION ‑ POLICE SAFETY UNIT RESOLUTION NO. 2022‑066 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION ‑ DISPATCHER UNIT Motion carried 5 – 0.
Direction provided
15. BOARD / COMMISSION / COMMITTEE BUSINESS CARDS (continued from June 21, 2022) The following addressed City Council:
Maureen Milton spoke in support of business cards for committee members.
Curt Johnston spoke in support of business cards for committee members with QR codes.
Curtis Gamble spoke in support of business cards for committee members.
Jung moved, seconded by Dunlap, to not approve board / commission / committee business cards.
Motion carried 5 – 0.
Ratified
16. RECONSIDER SENATE BILL 9 TWO‑UNIT AND URBAN LOT SPLIT RESIDENTIAL DEVELOPMENT ORDINANCE The following addressed City Council via Zoom :
Sam andreano spoke about allowable ADU square footage according to HCD.
Jung moved, seconded by Zahra, to ratify City Council actions taken on June 7, 2022 to adopt Ordinance No. 3313.
Motion carried 5 – 0.
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
7. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB The following addressed City Council:
Maureen Milton spoke about grocery bag limits on transportation services.
Zahra moved, seconded by Silva, to:
1. Approve professional services agreement with California Yellow Cab to provide taxi services through the Senior Mobility Program.
2. Authorize City Manager, or designee, to execute and administer agreement with California Yellow Cab and all documents related to the agreement, including options to extend, in a form approved by the City Attorney.
Motion carried 5 – 0.
Approved
9. SOLAR STREETLIGHT RETROFIT PILOT PROJECT SUPPLEMENTAL FUNDING AND AWARD The following addressed City Council:
Maureen Milton asked why the City waived the formal bidding process.
Unidentified speaker asked about battery life and the refuse rate.
Zahra moved, seconded by Silva, to:
1. Approve Solar Streetlight Pilot Program.
2. Waive formal bidding requirements and authorize City Manager, or designee, to issue a $69,221.44 purchase order for 23 solar streetlights from Gridshift Solutions to replace electric streetlights.
3. Approve $69,221.44 budget transfer and appropriation from the Gas Tax Fund (Fund 30) to the Building and Facility Maintenance Fund (Fund 69).
Motion carried 5 – 0.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:23 p.m.