CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
February 21, 2023 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:01 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:01 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap (arrived 4:14 p.m.), Charles, 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 remotely:
Jane Reifer spoke about purchase of property identified in Closed Session Item 4. 4:05 p.m.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:05 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Hector Hernandez, et al v. City of Fullerton, et al Case Number: USDC Case No. 8:20‑CV‑01 747 CJC
2. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Amber Leon (A.R.L.) v. City of Fullerton, et al Case Number: USDC Case No. 8:21‑CV‑00929 FWS
3. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lourdes Toman, et al v. Jerry Glomboske, et al Case Number: USDC Case No. SACV20‑00046‑DIC (KESx)
4. 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
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 3535 West Commonwealth Avenue, Fullerton, CA 92833 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Dyer 18 LLC
Under Negotiations: Price and Terms
6. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro, Ellis Chang, Laura Giannetti‑Mercer Employee Organization/s: Fullerton Fire Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 5:11 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:11 p.m.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
February 7, 2023 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:30 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:30 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 INVOCATION given by Pastor Teddy Omondi, Friends Church Fullerton.
PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Council Member Zahra reported speaking with the Fullerton Firefighters Association.
Mayor Jung reported having a conversation with the Fullerton Firefighters Association.
Presented
PRESENTATIONS
1. PROCLAMATION: Black History Month
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison, Fullerton, spoke about motor officer deployment.
Yolanda Harrison spoke about traffic conditions at Valencia Avenue and Lemon Street.
Bernard Oh, Fullerton, spoke about City Council conduct.
Curt Johnston asked for updates on various projects.
Curtis Gamble spoke about homeless issues.
Eddie Carmona reported on upcoming events hosted by Assembly Member Quirk-Silva.
Egleth Nuncci, Center for Healthy Neighborhoods, expressed gratitude for the Police Department.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS Council Member Charles reported on roadwork projects, spoke about tree maintenance, requested an update on the urban forest plan and spoke about public comments.
Council Member Zahra asked about the parking agreement at the Ventana apartments and expanding the rental assistance program citywide, spoke about traffic at Valencia Avenue and Lemon Street, spoke about public comments, asked to agendize, seconded by Charles, a review of council meeting start times and decorum policy and spoke about ad hoc meetings communications.
Mayor Pro Tem Whitaker reported on Orange County Sanitation District activities.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 6)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1, 2, 3, 4 and 6.
Motion carried 5 – 0.
Approved
1. FEBRUARY 7, 2023 MEETING MINUTES
Recommendation:
Approve February 7, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
3. JANUARY 2023 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
4. NOTICE OF JUST CAUSE FOR REMOTE PARTICIPATION IN LEGISLATIVE BODY MEETING Recommendation:
Receive and file.
Approved
6. BASTANCHURY ROAD EMERGENCY REPAIR WATER MAIN BREAK
Recommendation:
1. Ratify selection of Big Ben, Inc. (Big Ben), R. J. Noble and Traffic Management, Inc. (TMI) to provide materials and services related to the Bastanchury Road water main break emergency repairs, waiving formal bidding procedures.
2. Authorize City Manager, or designee, to issue purchase orders to Big Ben, Inc., R. J. Noble and TMI for payment of materials and services related to the Bastanchury Road water main break emergency repairs.
3. Approve budget allocation not to exceed $150,000 from Water Fund reserves to Project 53052 Bastanchury Road Water Main Break Repair (Fund 44).
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 7 ‑ 8)
Continued
7. CREDIT CARD FEE STRUCTURE
Dunlap moved, seconded by Whitaker, to continue this item to the March 7, 2023 City Council meeting.
Motion carried 5 – 0.
Approved
8. 2023 LEGISLATIVE PLATFORM
The following addressed City Council:
Todd Harrison, Fullerton, suggested adding support for expanding AB 978 to the Legislative Platform.
Curtis Gamble spoke in support of this item.
Anjali Tapadia asked for more support for Active Transport.
The following addressed City Council via Zoom:
Kayla Asato spoke in support of seeking external funding sources.
Charles moved, seconded by Zahra, to continue this item.
Jung made a substitute motion, seconded by Dunlap, to:
1. Adopt the 2023 Legislative Platform as amended by City Council, expressing support for Item 13.
2. Authorize Mayor, or Mayor Pro Tem in Mayor’s absence, to sign policy and position letters within platform guidelines.
3. Approve City Council legislative advocacy policy.
Charles moved, seconded by Zahra, to override the call for the question on the substitute motion.
Motion to override the call for the question failed 2 – 3 (In support: Charles, Zahra).
Substitute motion carried 3 – 0 – 2 (Abstain: Charles, Zahra).
Original motion failed.
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
5. ROTH STAFFING COMPANIES, LP CHANGE ORDERS
Dunlap moved, seconded Whitaker, to approve and authorize City Manager, or designee, to execute agreements and change orders not to exceed $250,000 with Roth Staffing Companies, LP within budget, in a form approved by the City Attorney.
Motion carried 5 – 0.
7:21 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 7:21 p.m. in memory of City Employee Michael Nunez.