CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
NOVEMBER 1, 2022 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:03 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:03 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker (arrived 4:07 p.m.), Council / Agency Members Dunlap (arrived 4:10 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.
4:04 p.m.
RECESS to Closed Session
Mayor Jung recessed to Closed Session at 4:04 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Stephanie Stevenson v. City of Fullerton
Case Number: OCSC 30‑2018‑01039485
2. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4)
Initiation of Litigation: One Case
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: Approximately 0.49 acres and portion of adjacent parcel located at the northeast corner of Ellis Place and Harbor Boulevard in the City of Fullerton (APNs 029‑032‑21 and 029‑033‑24), approximately 0.64 acres located at the northwest corner of Chapman Avenue and Pomona Avenue (APNs: 029‑033‑03, 029‑033‑04, 029‑033‑05 and 029‑033‑06) Agency Negotiator: City Manager Eric Levitt, Interim Director of Community and Economic Development Sunayana Thomas, Special Counsel Allison LeMoine‑Bui, Rutan & Tucker, LLP Negotiating Parties: NFRED LLC; Fox Harbor LLC
Under Negotiations: Price and Terms
4. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Firefighters’ Association; Fullerton Fire Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 5:26 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:26 p.m.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
NOVEMBER 1, 2022 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:34 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:34 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva, 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 Loeser INVOCATION given by Council Member Silva.
PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS (not agendized)
PRESENTATION: Support for Citizens of Iran
PRESENTATION: Fullerton Education Foundation
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison spoke about contract fire services.
Yolanda Harrison spoke about mobility issues at railroad crossings.
Bernard Oh, Fullerton, spoke about public safety.
Curtis Gamble spoke about homeless issues.
Woudarek (no last name given) spoke about civil rights.
The following addressed City Council via Zoom:
Tanya Lloyd thanked City staff for cleaning Union Park.
Jane Reifer spoke about bus routes in the City.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Zahra asked staff to look at the underpass at Commonwealth and Lemon.
Mayor Pro Tem Whitaker spoke about water issues and low water landscaping.
Council Member Silva asked about programs for lower income families to install low water landscaping.
Mayor Jung welcomed Adan Ortega as new Metropolitan Water District Board Chair, thanked Governor Newsom for attending the Hope Center grand opening and thanked staff for their efforts in opening the Hope Center.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1‑ 11)
Dunlap moved, seconded by Whitaker, to approve Consent Calendar items 1 through 9.
Motion carried 5 – 0.
Approved
1. OCTOBER 18, 2022 MEETING MINUTES
Recommendation:
Approve October 18, 2022 City Council / Successor Agency Meeting Minutes.
Adopted
2. AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation:
Adopt Resolution No. 2022‑082.
RESOLUTION NO. 2022‑082 ‑ 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
3. CLASSIFICATION PLAN UPDATE RELATING TO POLICE OFFICER SERIES, POLICE CORPORAL SERIES AND POLICE SERGEANT SERIES AND PROPOSED SIDE LETTER TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION ‑ PUBLIC SAFETY UNIT Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022‑083 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING AND DELETING CERTAIN PERSONNEL CLASSIFICATION PLAN CLASS SPECIFICATIONS AND AMENDING RESOLUTION NO. 2022‑065 (FULLERTON POLICE OFFICERS’ ASSOCIATION ‑ POLICE SAFETY UNIT) APPENDIX A RESOLUTION NO. 2022‑084 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION ‑ POLICE SAFETY UNIT Approved
4. EUCLID STREET IMPROVEMENTS SEWER MAIN REPAIR
Recommendation:
Approve $10,970 Sewer Enterprise Funds budget transfer from Project 51419 Annual Sewer Replacement Program to Project 44048 Euclid Street Improvements (Fund 47).
Approved
5. POLICE DEPARTMENT PATROL VEHICLES PURCHASE FROM NATIONAL AUTO FLEET GROUP Recommendation:
1. Authorize purchase of eight Police Department replacement patrol vehicles on the FY 2022‑23 vehicle replacement list and award $347,267.88 purchase order to National Auto Fleet Group for eight 2023 Dodge Charger V‑8 RWD patrol vehicles through Sourcewell cooperative purchasing agreement.
2. Reauthorize purchase of five Police Department replacement patrol vehicles as part of the FY 2021‑22 vehicle replacement list and award the following purchase orders:
· $201,297.27 purchase order to National Auto Fleet Group for three 2023 Ford Police Interceptor Utility Non‑Hybrid with a “Slick Top” upfit option through Sourcewell cooperative purchasing agreement. · $133,446.09 purchase order to National Auto Fleet Group for two 2023 Ford Police Interceptor Utility Non‑Hybrid with a “Patrol” upfit option through Sourcewell cooperative purchasing agreement.
Approved
6. SOUTHERN CALIFORNIA EDISON EASEMENT REQUEST FOR UTILITY PURPOSES AT THE LEMON PARKING STRUCTURE SITE ‑ 400 NORTH POMONA AVENUE Recommendation:
Authorize Public Works Director, on behalf of the City of Fullerton, to execute the necessary documents with Southern California Edison (SCE) to effectuate conveyance of the requested easement located at 400 North Pomona Avenue, Lemon Parking Structure site.
Approved
7. PROFESSIONAL SERVICES AGREEMENT WITH HAZEN AND SAWYER FOR WELL 7A EQUIPPING AND PIPELINE REPLACEMENT ENGINEERING SERVICES Recommendation:
1. Authorize City Manager, or designee, to execute and administer a $465,731 Professional Services Agreement with Hazen and Sawyer to provide design, bid assistance, construction support and pipeline assessment services, in a form approved by the City Attorney.
2. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for professional engineering and support services, within approved project budget.
Approved
8. AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP FOR PAVEMENT MANAGEMENT PROGRAM CONSULTANT SERVICES Recommendation:
1. Authorize City Manager, or designee, to execute Consultant Professional Service Agreements for FY 2022‑23 and FY 2023‑24, including renewing optional annual agreements through FY 2027‑28, with Bucknam Infrastructure Group, in a form approved by the City Attorney.
2. Authorize Director of Administrative Services, or designee, to issue purchase orders with Bucknam Infrastructure Group equaling $44,200 for FY 2022‑23 and $31,039 for FY 2023‑24 and future purchase orders in optional agreement years for approved negotiated amounts through FY 2027‑28.
3. Authorize Public Works Director, or designee, to negotiate Consultant scope of work and fees with Bucknam Infrastructure Group to prepare annual PMP updates for optional agreement years, FY 2024‑25 through FY 2027‑28, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders for professional consulting services within the approved project budget.
Adopted
9. DISABLED PERSON PARKING AT 611 EAST COMMONWEALTH AVENUE Recommendation:
Adopt Resolution No. 2022‑085.
RESOLUTION NO. 2022‑085 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE IN FRONT OF 611 EAST COMMONWEALTH AVENUE
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Item 12)
12. LAGOS MEXICAN CUISINE ‑ STANDARD OUTDOOR DINING APPLICATION Jung moved, seconded by Dunlap, to deny application due to differing objectives with the Restaurant Overlay District parking provisions and Long‑Range Property Management Plan and need to preserve critical downtown public parking amidst AB 2097 limitations on imposing parking requirements on any residential, commercial or other development project located within one‑half mile of public transit.
Motion carried 5 – 0.
Silva requested, supported by Zahra, to direct staff to propose a plan to better utilize downtown alleys.
Silva requested, supported by Jung, a report on how the City will address homeless issues following the opening of the HOPE Center.
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
10. CROSSWALK REMOVAL AT HARBOR BOULEVARD AND SOUTHGATE AVENUE, CHAPMAN AVENUE AND MALDEN AVENUE, CHAPMAN AVENUE AND FORD AVENUE The following addressed City Council:
Yolanda Harrison spoke in opposition to this item.
Jane Rands spoke in opposition to this item.
Dunlap moved, seconded by Whitaker, to authorize removal of marked crosswalk on south leg of Harbor Boulevard and Southgate Avenue / Costco Way.
Motion carried 4 – 1 (Opposed: Zahra).
Whitaker moved, seconded by Dunlap, to authorize removal of marked crosswalk on west leg of Chapman Avenue and Malden Avenue and on west leg of Chapman Avenue and Ford Avenue.
Motion carried 5 – 0.
Continued
11. CROSSWALK REMOVAL AT CHAPMAN AVENUE AND HART PLACE The following addressed City Council:
Vince Buck expressed concern with the integrity of the Bicycle Master Plan.
Jane Rands spoke in favor of keeping the crosswalk.
The following addressed City Council via Zoom:
Jane Reifer spoke in opposition to this item.
Anjali T, Fullerton, spoke in opposition to this item.
Zahra moved, seconded by Jung, to continue this item and direct staff to gather more information and return the item to the Transportation and Circulation Commission and Active Transportation Committee.
Motion carried 5 – 0.
7:17 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 7:17