CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JANUARY 3, 2023 – 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 4:39 p.m.), Council / Agency Members Dunlap, Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
4:34 p.m.
RECESS to Closed Session
Council Member Charles recused herself from Closed Session Item #3 due to a potential conflict with her employer.
Mayor / Chair Jung recessed to Closed Session at 4:34 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC Case No. 30‑2022‑01281840
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: 2701 Nutwood Avenue, Fullerton, CA 92831 (APN 029‑180‑34) Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trustees of the California State University, Marriott Under Negotiations: Price and Terms
5:19 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:19 p.m.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
JANUARY 3, 2023 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:32 p.m.
CALL TO ORDER
Mayor 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, Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Police Captain John Radus, Fire Chief Adam Loser INVOCATION given by Police Chaplain Jason Phillips.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison, Fullerton, spoke about crime and other issues in the Rancho La Paz area.
James Cho, Fullerton, spoke about adequate fire services.
Michael Fiore, Phil Aguilar and Anthony Beltran spoke about a fentanyl awareness event.
Elizabeth Hansburg, Fullerton, spoke about the Orange County Power Authority.
Bernard Oh spoke about Council Member conduct.
Curtis Gamble spoke about homeless services.
Z. J. Hahn spoke about trash collection and city funding.
Doug Cox spoke about the passing of Bill Dutton.
The following addressed City Council via Zoom:
Kayla Asato spoke about the Orange County Power Authority.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Charles spoke about COVID, the Fullerton Arboretum, the Target shopping center on Yorba Linda Boulevard and racism related to zoning ordinances.
Council Member Zahra wished all a Happy New Year, supported fentanyl awareness and asked for the status of a business strategic plan for the city.
Mayor Pro Tem Whitaker spoke about recent precipitation totals.
Mayor Jung thanked staff for reaching City Council goals for financial reserves and an operating surplus.
APPOINTMENTS
Appointments made
1. CITY REPRESENTATION ‑ REGIONAL ADVISORY BODIES AND WORKGROUPS The following addressed City Council via Zoom:
Ayn Craciun, Orange County Climate Campaign, spoke about appointments to the Orange County Power Authority.
City Council appointed representatives to the following regional advisory bodies:
· Orange County Sanitation District Board (Primary ‑ no specific term) Council Member Charles nominated Zahra.
Council Member Dunlap nominated Whitaker.
Jung moved, seconded by Dunlap, to close nominations. Mayor Jung declared nominations closed.
Nomination of Whitaker for the Orange County Sanitation District Board Primary Member passed 3 – 2 (Voting for Zahra: Charles, Zahra). · Fullerton Investment Advisory Committee (Primary, Alternate ‑ Term ending December 31, 2023) Council Member Charles nominated the Jung as the primary member and Whitaker as alternate member.
Mayor Jung closed the nominations.
Nomination of Mayor Jung for Primary and Mayor Pro Tem Whitaker as Alternate member of the Fullerton Investment Advisory Committee passed 5 – 0. · Fullerton Sports Field Users’ Committee (Alternate ‑ No specific term) Mayor Jung nominated Charles.
Mayor Jung closed the nominations.
Nomination of Charles for Fullerton Sports Field Users’ Committee Alternate passed 5 – 0. · Metropolitan Water District Board of Directors (Primary ‑ four‑year term) Council Member Dunlap nominated Jung.
Council Member Zahra nominated himself.
Mayor Jung closed nominations.
Nomination of Jung for Metropolitan Water District Board of Directors Primary Member for a four‑year term passed 3 – 2 (Voting for Zahra: Charles, Zahra). · North Orange County Cities Joint Powers Authority Board of Directors (Primary ‑ no specific term) Council Member Charles nominated herself.
Nomination of Charles for North Orange County Cities Joint Powers Authority Board of Directors Primary Member passed 5 – 0.
Jung moved, seconded by Charles, to review and reaffirm all other advisory body appointments with unexpired terms or no specific term end date except the Orange County Vector Control Board and Orange County Power Authority alternate members.
Motion carried 5 – 0.
Mayor Jung nominated Charles as the alternate member on the Orange County Vector Control Board and Orange County Power Authority.
Nomination of Charles as the alternate member on the Orange County Vector Control Board and Orange County Power Authority passed 5 – 0.
2. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Mayor Jung appointed Oscar Valadez to the Transportation and Circulation Commission for an unexpired term ending December 31, 2024.
Council Member Charles made the following direct appointments:
Joao Barros to the Active Transportation Committee for a full term ending December 31, 2026 Gladys Patricia Hanzos to the Community Development Citizens’ Committee for a full term ending December 31, 2026 James Cho to the Infrastructure and Natural Resources Advisory Committee for a full term ending December 31, 2026 Adrian Mezza to the Parks and Recreation Commission for a full term ending December 31, 2026 Patricia Tutor to the Planning Commission for a term ending December 31, 2026 Wayne Carvalho to the Transportation and Circulation Commission for a term ending December 31, 2026 Irene Strauss to remain the District 3 appointment on the Library Board of Trustees through December 31, 2023.
Council Member Zahra made the following direct appointments:
Anjali Tapadia to the Active Transportation Committee for a term ending December 31, 2026 Tiffany Blay to the Community Development Citizens’ Committee for a term ending December 31, 2026 Kari Thune to the Infrastructure and Natural Resources Advisory Committee for a term ending December 31, 2026 Megan Mclellan to the Library Board of Trustees for a term ending December 31, 2025 Danielle Nava-Mijares to the Parks and Recreation Commission for a term ending December 31, 2026 Arif Mansuri to the Planning Commission for a term ending December 31, 2026 Mehul Desai to the Transportation and Circulation Commission for a term ending December 31, 2026.
Council Member Dunlap appointed Joshua Dale to the Library Board of Trustees for a term ending December 31, 2025.
Dunlap moved, seconded by Jung to ratify appointments.
Motion carried 5 – 0.
CONSENT CALENDAR (Items 1 ‑ 7)
Dunlap moved, seconded by Whitaker, to approve all Consent Calendar items.
Motion carried 5 – 0.
Approved
1. DECEMBER 20, 2022 MEETING MINUTES
Recommendation:
Approve December 20, 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. 2023‑001.
RESOLUTION NO. 2023‑001 ‑ 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. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT (ZON‑2020‑0035) AT 120 WEST WILSHIRE AVENUE (120 FULLERTON) Recommendation:
1. Adopt Resolution No. 2023‑002.
RESOLUTION NO. 2023‑002 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EXISTING RESTAURANT (120 FULLERTON) WITH A TYPE 47 (ON‑SITE SALE OF BEER, WINE AND DISTILLED SPIRITS) ABC LICENSE, ENTERTAINMENT AND AN EXISTING OUTDOOR DINING PATIO ON PROPERTY ZONED C‑3, LOCATED AT 120 WEST WILSHIRE AVENUE Approved
4. HUNT LIBRARY REVITALIZATION PROJECT ‑ BUILDING FORWARD LIBRARY INFRASTRUCTURE GRANT FUNDING FOR HUNT LIBRARY VIDEO AND ACCESS CONTROL IMPROVEMENTS Recommendation:
1. Approve Amendment Number One to Wachter, Inc. Professional Services Agreement and authorize City Manager, or designee, to execute and administer agreements and related documents, in a form approved by the City Attorney.
2. Authorize City Manager, or designee, to execute any change orders within approved project budget to implement and maintain video and access control needs at the Hunt Library.
Approved
5. SEWER MASTER PLAN UPDATE AND ON‑CALL CONSULTANT CONTRACT AWARD Recommendation:
1. Approve $300,000 budget transfer and appropriation of Sewer Enterprise Funds (Fund 47) from 51419 Annual Sewer Replacement Program to Project 51500 Sewer Master Plan.
2. Authorize City Manager, or designee, to execute a $434,055 Professional Services Agreement with Dudek to update the City’s Sewer Master Plan, in a form approved by the City Attorney.
3. Authorize City Manager, Public Works Director or designee to negotiate, execute and administer annual on‑call Professional Services Agreements with Dudek to provide sewer system related studies and updates for Fiscal Years 2023‑24 through 2033‑34, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve any future change orders and/or contract amendments for consultant services within approved project budget.
Approved
6. ASSOCIATED ROAD WATER MAIN REPLACEMENT ‑ YORBA LINDA BOULEVARD TO BASTANCHURY ROAD Recommendation:
1. Approve plans and specifications for Associated Road Water Main Replacement ‑ Yorba Linda Boulevard to Bastanchury Road Project 53046.
2. Approve $1,685,000 budget transfer from Project 53250 Water Main System Replacement to Project 53046 Associated Road Water Main Replacement ‑ Yorba Linda Boulevard to Bastanchury Road Project (Fund 44).
3. Award $1,339,100 construction contract for Associated Road Water Main Replacement ‑ Yorba Linda Boulevard to Bastanchury Road Project to Big Ben, Inc. and authorize City Manager, or designee, to execute the 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.
Approved
7. SERRANO‑YERMO‑VIA CALIENTE AREA STREET REHABILITATION PROJECT Recommendation:
1. Approve plans and specifications for the Serrano‑Yermo‑Via Caliente Area Street Rehabilitation Project.
2. Approve $740,000 budget transfer of American Rescue Plan Act (ARPA) Revenue Replacement Funds (Fund 74) from Project 44589 Residential Street Program to Project 44066 Serrano‑Yermo‑Via Caliente Area Street Rehabilitation Project (Fund 74).
3. Award $633,000 construction contract for the Serrano‑Yermo‑Via Caliente Area Street Rehabilitation Project to Onyx Paving Company, Inc. and authorize City Manager, or designee, to execute the 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.
PUBLIC HEARINGS (Item 8)
Resolutions adopted, Ordinances introduced
8. THE PINES AT SUNRISE VILLAGE REDEVELOPMENT ‑ ROSECRANS AVENUE AND EUCLID STREET Mayor Jung opened the public hearing at 6:52 p.m.
The following addressed City Council:
Bernard Oh, Fullerton, spoke about the amount of time the City took to consider this project.
Elizabeth Hansburg, Housing for Orange County, spoke in support of this item.
Z. J. Hahn, Fullerton, supported developing this property as an auto mall.
Teresa Lim spoke in support of this project.
Samuel He spoke in support of this project.
Chris Reed opposed changing the zoning for this property.
Curtis Gamble spoke in support of this project.
Winifred Hopkins, Fullerton, asked City Council to reconsider the zoning for this project.
Anjali Tapadia spoke in support of active transportation improvements to this project.
Adam Wood spoke in support of this project.
Cynthia Santillan spoke in support of this project.
The following addressed City Council via Zoom:
Sara Pritchard, Fullerton, spoke in support of this item.
Daniel Gehman, People for Housing Orange County, spoke in support of this project.
Maureen Milton asked about accommodations for the mobility challenged.
Victoria Torres, Fullerton, spoke in support of this project.
Kayla Asato spoke in support of this project.
Mayor Jung closed the public hearing at 7:39 p.m.
Dunlap moved, seconded by Zahra, to:
1. Adopt the following resolutions:
RESOLUTION NO. 2023‑003 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, INCLUDING ANALYSIS OF THE POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT, PROJECT DESIGN FEATURES, STANDARD CONDITIONS, MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PINES AT SUNRISE VILLAGE PROJECT ON A 12.52‑ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE RESOLUTION NO. 2023‑004 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A 113‑DWELLING UNIT RESIDENTIAL COMMUNITY, INCLUDING 49 DETACHED SINGLE‑FAMILY RESIDENTIAL HOMES AND 64 TOWNHOMES, RETENTION OF AN EXISTING 4,000 SQUARE FEET COMMERCIAL BULIDING AND CONSTRUCTION OF 19,000 SQARE FEET OF NEW COMMERCIAL SPACE ON A 12.52‑ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE RESOLUTION NO. 2023‑005 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING TENTATIVE TRACT MAP TTM 19148 TO CREATE A MIXED‑USE RESIDENTIAL AND COMMERCIAL SUBDIVISION WITH TWO LOTS FOR CONDOMINIUM PURPOSES AND THREE LOTS FOR COMMERCIAL PURPOSES ON A 12.52 ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE RESOLUTION NO. 2023‑006 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A GENERAL PLAN REVISION TO CHANGE THE COMMUNITY DEVELOPMENT TYPE FROM COMMERCIAL TO LOW / MEDIUM DENSITY RESIDENTIAL ON 9.93 ACRES OF A 12.52‑ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE
2. Introduce the following ordinances for first reading by title only and waive further reading of the ordinances:
ORDINANCE NO. 3318 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO CHANGE THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (G‑C) TO PLANNED RESIDENTIAL DEVELOPMENT ‑ INFILL (PRD‑I) ON A 9.93‑ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE AND PROVIDE CLARIFYING AMENDMENTS TO TABLE 15.20.130.B AND 15.20.140.A FOR CERTAIN STANDARDS INTERNAL TO A DEVELOPMENT ORDINANCE NO. 3319 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE PINES AT SUNRISE VILLAGE ON A 12.52‑ACRE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF EUCLID STREET AND ROSECRANS AVENUE Motion caried 5 – 0.
City Clerk Williams read the ordinance titles.
REGULAR BUSINESS (Items 9 ‑ 10)
9. TELECONFERENCED MEETINGS AFTER CALIFORNIA EMERGENCY DECLATION RESCINDED The following addressed City Council in person:
Todd Harrison spoke in support of continued teleconferenced meetings.
The following addressed City Council via Zoom:
Kayla Asato spoke in support of continuing teleconferenced meetings.
Jung moved, seconded by Charles, to continue use of teleconference technology for public comments, committee meeting broadcasts and staff and consultant participation in public meetings and continue to take roll call votes for City of Fullerton legislative bodies subject to the California Brown Act.
Motion carried 5 – 0.
10. ANNUAL REVIEW OF RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS Jung moved, seconded by Dunlap, to adopt Resolution No. 2023‑007.
RESOLUTION NO. 2023‑007 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO. 2022‑013 Motion carried 5 – 0.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
ADJOURNMENT
Mayor Jung adjourned the meeting at 8:13 p.m.