CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
December 6, 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, 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
1. 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 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
4. 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.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
DECEMBER 6, 2022 – 5:30 P.M.
Council Chamber
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:
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 Recommendation:
Adopt Resolution No. 2022‑093.
RESOLUTION NO. 2022‑093 ‑ 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 Approved
3. TREASURER’S REPORT FOR QUARTER ENDING SEPTEMBER 30, 2022 Recommendation:
Receive and file.
Adopted
4. 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
5. 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
6. 2022 JUSTICE ASSISTANCE GRANT PROGRAM MOU TO TRANSFER FUNDS Recommendation:
1. Approve Memorandum of Understanding Between County of Orange (Sheriff) and the City of Fullerton to Distribute the 2022 Edward Byrne Memorial Fund ‑ Justice Assistant Grant “JAG” and authorize City Manager, or designee, to execute the Memorandum of Understanding.
2. 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
9. 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:
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 AND VACATING A PORTION OF ELLIS PLACE EAST OF AND ABUTTING HARBOR BOULEVARD TO ALLOW AN OUTDOOR DINING, GATHERING AND 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.
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 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.