CITY OF FULLERTON
FULL CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
DECEMBER 6, 2022 - 4:30 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenu
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, Council / Agency Members
Dunlap, Silva, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
The following addressed City Council via Zoom:
• Jane Reifer spoke about preserving trees on City properties for sale and Closed Session minutes.
4:35 p.m. RECESS to Closed Session
Mayor / Chair Jung recessed to Closed Session at 4:35 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section
54956.9(d)(1)
Name of Case: Orange County Water District et al. v. 3M Company, et al.
Case Number: OCSC Case No.
30-2020-01172419-CU-PL-CXC
2. CONFERENCE WITH LABOR NEGOTIATOR Per
Government Code Section 54957.6
Agency Representatives: Eddie Manfro and Jay
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December 6, 2022 - Page 1
Trinnaman
Employee Organizations: Fullerton Firefighters'
Association, Fullerton
Fire Management
Association
Under Discussion: Parameters of authority
for negotiating salaries,
benefits and working
conditions
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
- Per Government Code Section 54956.8
Property: Right of Way Adjacent to 1747
Commonwealth Avenue, Fullerton,
CA (APN #030-252-01)
Agency Negotiator: City Manager Eric J. Levitt, Deputy
City Manager Daisy Perez
Negotiating Parties: Grace Ministries International
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
- Per Government Code Section 54956.8
Property: 212 East Santa Fe Avenue,
Fullerton, CA 92832 (APN
033-030-18)
Agency Negotiator: City Manager Eric J. Levitt, Interim Community and Economic
Development Director Sunayana
Thomas, BBK Partner Elizabeth
Hull
Negotiating Parties: Westpark Investments, LLC & TA
Partners
Under Negotiations: Price and Terms
5:41 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:41 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
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December 6, 2022 - Page 2
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
DECEMBER 6, 2022 - 5:30 P.M.
Council Chamber
CALIFORNA 303 West Commonwealth Avenue
Fullerton, California
5:44 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:44 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
INVOCATION given by given by Mayor Pro Tem Whitaker.
PLEDGE OF ALLEGIANCE led by Council Member Silva.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
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• Todd Harrison spoke about low-income and senior housing, mail theft and congestion on Harbor Boulevard.
• Woudarek spoke about police oversight.
• Curtis Gamble spoke about homeless issues.
• Zjay Hahn spoke about City infrastructure and budget. • Tanya McCrory, Fullerton, spoke about a police oversight committee.
• Eve Lucas spoke about homeless housing advocates.
The following addressed City Council via Zoom:
• Kayla Asato spoke in support of a police oversight
commission.
CITY COUNCIL / SUCCESSOR AGENCY | STAFF
COMMUNICATIONS AND REPORTS
Council Member Silva spoke about assisting with housing issues.
Council Member Dunlap spoke about USC Football.
Council Member Zahra thanked staff for the recent Winter Market and Tree Lighting event.
Mayor Jung announced that the City received an American Public Works Association Award and spoke about the City's water supply.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 7)
Dunlap moved, seconded by Silva, to approve Consent Calendar Items 1 through 6.
Motion carried 5 - 0.
Approved 1. NOVEMBER 15, 2022 MEETING MINUTES
Recommendation:
Approve November 15, 2022 City Council / Successor
Agency Meeting Minutes.
Adopted 2. AB 361 CONTINUING STATE OF EMERGENCY
DETERMINATION TO HOLD REMOTE LEGISLATIVE
BODY MEETINGS
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Recommendation:
Adopt Resolution No. 2022-093.
RESOLUTION NO. 2022-093 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, MAKING CONTINUED
DETERMINATION OF LEGALLY REQUIRED FINDINGS
TO CONTINUE TO AUTHORIZE THE CONDUCT OF
REMOTE "TELEPHONIC" MEETINGS DURING THE
STATE OF EMERGENCY
Approved TREASURER'S REPORT FOR QUARTER ENDING
SEPTEMBER 30, 2022
Recommendation:
Receive and file.
Adopted CLASSIFICATION PLAN UPDATE RELATING TO
MINIMUM WAGE INCREASE
Recommendation:
Adopt Resolution No. 2022-094.
RESOLUTION NO. 2022-094 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AMENDING RESOLUTION NO. 2020-104
APPENDIX A RELATING TO NON-REGULAR
EMPLOYEE PAY
Adopted CLASSIFICATION PLAN UPDATE RELATING TO
ASSISTANT ENGINEER - WATER, SOLID WASTE AND
RECYCLING SPECIALIST AND ENVIRONMENTAL
COORDINATOR SERIES POSITIONS
Recommendation:
Adopt Resolution No. 2022-095.
RESOLUTION NO. 2022-095 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING CERTAIN CLASS
SPECIFICATIONS IN THE PERSONNEL
CLASSIFICATION PLAN AND AMENDING RESOLUTION
NO.2022-030 APPENDIX A (FULLERTON MUNICIPAL
EMPLOYEES FEDERATION)
Approved 2022 JUSTICE ASSISTANCE GRANT PROGRAM MOU
TO TRANSFER FUNDS
Recommendation:
Approve Memorandum of Understanding Between
County of Orange (Sheriff) and the City of Fullerton
to Distribute the 2022 Edward Byrne Memorial Fund
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- Justice Assistant Grant "JAG" and authorize City
Manager, or designee, to execute the Memorandum
of Understanding.
Appropriate receipt and use of $25,926 2022 JAG
allocation to Police Department in the Fund 32 grant
budget.
PUBLIC HEARINGS (Items 8 - 10)
Appeal upheld 8. APPEAL OF CONDITIONAL USE PERMIT AT 120 WEST WILSHIRE AVENUE (120 FULLERTON)
Tony Bushala, appellant, addressed City Council.
Denise Costas, applicant, addressed City Council.
Mayor Jung opened the Public Hearing at 6:41 p.m.
The following addressed City Council:
• Damion Lloyd asked if anyone has dined at this
establishment.
• Tanya McCrory opposed another nightclub in the
downtown area.
• Joshua Ferguson encouraged the City to follow its
rules.
• Curtis Gamble supported providing a variety of
entertainment options.
• Jose Trinidad Castaneda supported awarding the
Conditional Use Permit.
Mayor Jung closed the Public Hearing at 6:49 p.m.
Silva moved, seconded by Zahra, to deny the appeal and
uphold the Planning Commission action.
Jung made a substitute motion, seconded by Dunlap, to
approve the appeal and direct staff to draft an alternative resolution to deny the Planning Commission approval of
the Conditional Use Permit request.
Substitute motion carried 3 - 2 (Opposed: Silva, Zahra).
Original motion failed.
Silva requested, supported by Dunlap, City Council
consideration of the City's noise ordinance by March 2023.
Adopted ABANDONMENT AB 22-01 REGARDING PORTION OF
ELLIS PLACE EAST OF HARBOR BOULEVARD
Mayor Jung opened the Public Hearing at 7:22 p.m.
The following addressed City Council:
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• Curtis Gamble spoke in support of this project.
The following addressed City Council via Zoom:
• Jane Reifer spoke about aesthetics of the cul-de-sac, security of the passage and APN numbers.
• Jensen Hallstrom referred to an urban water runoff
study for the area.
Mayor Jung closed the Public Hearing at 7:29 p.m.
Dunlap moved, seconded by Zahra, to adopt Resolution
No. 2022-096.
RESOLUTION NO. 2022-096 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING ABANDONING
VACATING A PORTION OF ELLIS PLACE EAST OF AND
ABUTTING HARBOR BOULEVARD TO ALLOW AN
OUTDOOR GATHERING
ENTERTAINMENT AREA IN CONJUNCTION WITH TWO
NEW DEVELOPMENTS LOCATED AT 550 NORTH
HARBOR BOULEVARD AND 115 ELLIS PLACE
Motion carried 5 - 0.
Continued 10. DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF FULLERTON AND
WESTPARK INVESTMENTS, LLC AND TA PARTNERS
FOR THE SALE OF PROPERTY LOCATED AT 212
EAST SANTA FE AVENUE, FULLERTON, CA (APN
033-030-18)
Mayor Jung opened the Public Hearing at 7:38 p.m.
The applicant addressed City Council.
The following addressed City Council:
• Woudarek suggested leasing the land.
• Sandy Stiassni spoke in support of this project.
• Terry Thompson spoke in opposition to this project.
• Unidentified speaker spoke in opposition to this project. • Sabine Andrassy spoke in opposition to this project.
• Ernie Kelsey, Fullerton Heritage, spoke in support of this project and preserving the historic nature of
Fullerton.
• Natalie Schuman, Unite Here Local, recommended re-
noticing this project and spoke in protest to this project. • Richard Andrews spoke in opposition to this project.
• Curtis Gamble spoke in support of this project.
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• Nathan (no last name provided) spoke in opposition to this project.
• Curt Johnston spoke in opposition to this item.
• Zjay Hahn said the City needs to accommodate
additional traffic and water use generated by this
project.
• Eve Lucas spoke in support of this item.
The following addressed City Council via Zoom:
• Jane Reifer spoke in opposition to this project.
• Jane Rands supported affordable housing on this
property.
• Andre Gregson, North Orange County Chamber, spoke
in support of this project.
• Elizabeth Hansburg spoke in support of this project.
• Maureen Milton asked about handicap and mobility
challenged accessibility.
• Jordan Sission spoke in opposition to this item.
• Laurie Thompson, Fullerton, spoke in support of this
item.
Mayor Jung closed the Public Hearing at 9:03 p.m.
Silva moved to approve this item with a condition to include 12 percent affordable housing and emphasize local
employment. Motion failed for lack of a second.
Dunlap moved, seconded by Zahra, to continue this item to the December 20, 2022 City Council meeting at 5:30 p.m. in the Fullerton City Council Chamber.
Motion carried 4 - 1 (Opposed: Silva).
REGULAR BUSINESS
None.
Approved 7. RESIDENTIAL STREET REHABILITATION
The following addressed City Council:
• Anjali Tapadilla spoke in support of this item.
Silva moved, seconded by Jung, to:
1. Approve plans and specifications for Residential Street Rehabilitation project.
2. Approve $1,380,000 budget transfer of American
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Rescue Plan Act (ARPA) Revenue Replacement Funds
(Fund 38) from approved appropriation within Project
44589 Residential Street Program to Project 44065
Residential Street Rehabilitation (Fund 74).
3. Award $1,204,780 construction contract for the
Residential Street Rehabilitation project to Hardy &
Harper, Inc. and authorize City Manager, or designee,
to execute 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.
Motion carried 5 - 0.
9:36 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 9:36 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
December 6, 2022 - Page 9