CITY OF FULLERTON
OR FUL
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
MARCH 21, 2023 - 4:00 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
4:00 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:00 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap,
Charles, Zahra (arrived 4:02 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
None.
4:03 p.m. RECESS TO CLOSED SESSION
Council Member Charles reported that she received a determination from the Fair Political Practices Commission that she has no conflict egarding the property located at 2701 Nutwood Avenue, Fullerton, C nd will not recuse herself from Closed Session discussions regardin this property going forward.
Mayor / Chair Jung recessed to Closed Session at 4:03 p.m.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957.6
Agency Representative: Director of Human Resources
Eddie Manfro
Employee Organizations: All
Unrepresented Employees: All
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Under Discussion: Parameters of authority for
negotiating salaries, benefits and
work conditions
2. 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
3. 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
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: Fullerton Museum Center, 301 North
Pomona Avenue, Fullerton CA (APN:
033-012-18)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Fullerton Museum Center Association Under Negotiations: Price and Terms
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per
Government Code Section 54957(b)(1)
Title: Chief of Police
5:22 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:22 p.m.
Fullerton City Council | Successor Agency Minutes
March 21, 2023 - Page 2
Fred Jung
Mayor
X
Lucinda Williams, MMC
Fullerton City Council | Successor Agency Minutes
March 21, 2023 - Page 3
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
MARCH 21, 2023 - 5:30 P.M.
CALIFORNIA
5:31 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:31 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 Rabbi Marcia Tilchin.
PLEDGE OF ALLEGIANCE led by Council Member Dunlap.
CLOSED SESSION REPORT
City Attorney Jones reported Jung moved, seconded by Dunlap, to settle the case of Stevenson v. City of Fullerton for $275,000. Motion carried unanimously.
EX PARTE COMMUNICATIONS REPORT
None.
Presented PRESENTATIONS
1. COMMENDATION: Fullerton Loves Food
2. PRESENTATION: Orange County Power Authority
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Zahra requested, supported by Whitaker, to agendize a discussion to review the City's membership in OCPA.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Dee Fox spoke about OCPA energy contracts.
• Harvey Liss, Irvine, supported agendizing a discussion to opt to a basic energy rate.
• Gil Nelson, Irvine, asked Council to reduce its OCPA tier to 38%. • Todd Harrison, Fullerton, spoke in support of AB 1035. • Yolanda Harrison, Fullerton, spoke about Lemon and Valencia street crossings.
• Maureen Milton, Fullerton, spoke about City Hall closure days. • Eric Wehn spoke about the Pooch Park.
• Karen Lloreda spoke about the March 7, 2023 Minutes.
• ZJ Hahn, Fullerton, spoke about the Orange County Power Authority, potholes and parking at Orangethorpe and Gilbert. • Curtis Gamble spoke about homeless issues.
• Lori Williams spoke about tiny houses.
• Curt Johnston suggested alternate locations for the dog park and spoke about graffiti.
The following addressed City Council via Zoom:
• Holyin Ip spoke about the Orange County Power Authority. • Kayla Asato, Orange County Environmental Justice, expressed concerns with Orange County Power Authority management. • Linda Kramer, Climate Reality OC, spoke in support of the Orange County Power Authority.
• Munish Bharadwaja, Fullerton, expressed concerns with the Orange County Power Authority.
• Danny Gray, Orange County Climate Reality Project, spoke in support of the Orange County Power Authority.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public Fullerton City Council | Successor Agency Minutes
March 21, 2023 - Page 5
comment.
Council Member Charles said she looks forward to receiving information on OCPA, noted issues with flooding and cold weather shelters, spoke about CSUF Social Justice week, spoke about Council Meeting invocations and announced office hours.
Zahra spoke about the Orange County Power Authority, reported on recent events and announced upcoming activities.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 11)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 - 7 and 10.
Motion carried 5 - 0.
Approved as 1. MARCH 7, 2023 MEETING MINUTES
amended Recommendation:
Approve March 7, 2023 City Council / Successor Agency Meeting Minutes.
Approved 2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE
REPORT
Recommendation:
Receive and file.
Approved 3. FEBRUARY 2023 CHECK REGISTER
Recommendation:
Receive and file.
Approved 4. JULY 4, 2023 CITY COUNCIL MEETING CANCELLATION Recommendation:
Cancel July 4, 2023 City Council / Successor Agency Meeting.
Approved 5. 2021 FISCAL YEAR ASSISTANCE TO FIREFIGHTERS GRANT Recommendation:
1. Ratify grant application with the Federal Emergency
Management Agency, Assistance to Firefighters Grant.
2. Accept and appropriate receipt and uses of $93,694.20 grant Fullerton City Council | Successor Agency Minutes
March 21, 2023 - Page 6
award in Grants Fund (Fund 32).
3. Authorize City Manager, or designee, to execute agreement and sign all documents related to the grant.
Adopted 6. PROPOSED SIDE LETTER TO MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE
FULLERTON MANAGEMENT ASSOCIATION
Recommendation:
Adopt Resolution No. 2023-019.
RESOLUTION NO. 2023-019 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE
CITY AND THE FULLERTON MANAGEMENT ASSOCIATION
DATED MARCH 14, 2023
Approved 7. MICROSOFT LICENSE AND SUBSCRIPTION RENEWALS Recommendation:
1. Approve Microsoft licenses and subscriptions renewal for a three-year term with reseller Dell and authorize City Manager, documenis in a form apure endy alrite related renewal
2. Authorize City Manager, or designee, to approve, execute and administer future renewals, including change of authorized resellers through cooperative purchasing, within budget and within the City Manager approval authority, in a form approved by City Attorney.
10, VACTOR HYDRO EXCAVATOR VACUUM TRUCK PURCHASE
Approved
Recommendation:
1. Approve $608,178.71 purchase of new Vactor Hydro Excavator from Haaker Equipment Company.
2. Approve $608,178.71 budget transfer and appropriation from Water Fund (Fund 44) to Vehicle Replacement Fund (Fund 64).
PUBLIC HEARINGS (Item 12)
Approved 12. HOME INVESTMENT PARTNERSHIPS - AMERICAN RESCUE
PLAN SUBMITTAL
Mayor Jung opened the public hearing at 8:02 p.m.
The following addressed City Council:
• Karen Lloreda asked if City Council reviewed the plan referenced in the Agenda Report.
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• Curtis Gamble made suggestions for uses of this funding.
Mayor Jung closed the public hearing at 8:07 p.m.
Zahra moved, seconded by Dunlap, to:
1. Approve the HUD HOME-ARP Allocation Plan and direct staff to submit to HUD by March 31, 2023.
2. Accept and appropriate award of HOME-ARP grant amounts approved by HUD in Grants Fund (Fund 32).
Motion carried 5 - O.
REGULAR BUSINESS (Items 13 - 17)
Approved 13. LETTER OF SUPPORT FOR SOUTHERN CALIFORNIA
EDISON BUILDING ELECTRIFICATION APPLICATION TO
THE CALIFORNIA PUBLIC UTILITIES COMMISSION
The following addressed City Council via Zoom:
• Jane Rands spoke in opposition to this item.
Jung moved, seconded by Zahra, to provide a letter of support for Southern California Edison building electrification application to the California Public Utilities Commission.
Motion carried 5 - 0.
Approved 14. RECYCLE FROM HOME PILOT PROGRAM
The following addressed City Council:
• Maureen Milton asked about using the program in assisted living centers.
The following addressed City Council via Zoom:
• Carla Jones asked how the program guarantees the pickup goes to recycling and not a landfill.
Zahra moved, seconded by Charles, to:
1. Authorize City Manager to submit a letter of authorization to Cal Recycle naming Recycle From Home as the City's pilot program provider.
2. Authorize City Manager to sign the program application.
Motion carried 5 - 0.
Direction provided 15, CITY OF FULLERTON NOISE REGULATIONS AND
STANDARDS
The following addressed City Council:
• Jinan Montecristo, Les Amis restaurant, spoke in support of Fullerton City Council | Successor Agency Minutes
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outdoor live entertainment between 5:00 p.m. and 10:00 p.m. on weekends.
• Edmond Velasco, President Orange County Musicians Union, spoke in support of outdoor music.
• Ron Kobayashi spoke in support of outdoor music.
• Jan Stephens spoke in support of live music.
• Glen Sutter, Fullerton, spoke in support of live music. • George Deufrense, La Habra, spoke in support of live music. • Melanie Mathis, Anaheim Hills, spoke in support of live music. • ZJ Hahn suggested appropriate zoning for live music that protects residential neighborhoods.
• Maureen Milton asked if the City receives live music
complaints.
• Tony Bushala favored a new ordinance that supports the businesses and residents in the downtown area.
• Unidentified La Habra resident spoke in support of live music.
The following addressed City Council via Zoom:
• Matt Leslie said the current ordinance is reasonable and the City should enforce it and City Council should consider live music as a separate issue.
• Carla Jones supported live outdoor music.
• Brittney Livero, Fullerton, asked how this item would affect her business in the downtown and spoke in support of live music.
City Council provided direction to staff.
Direction provided 16. CITY COUNCIL RULES OF PROCEDURE AND DECORUM The following addressed City Council:
• Karen Lloreda supported registering to speak out of respect for the time of all in attendance.
• ZJ Hahn supported accommodating the right of the public to address City Council.
The following addressed City Council via Zoom:
• Diane Vena spoke about the public comment process.
• Tanya Lloyd spoke about the public comment process.
City Council provided direction to staff.
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No action 17. CITY COUNCIL MEETING START TIME
The following addressed City Council:
• ZJ Hahn supported a later meeting start time.
The following addressed City Council via Zoom:
• Diane Vena supported a later meeting start time.
• Munish Bharadwaja spoke in support of the current meeting start time.
Zahra moved, seconded by Charles, to change the Second
Session City Council meeting start time to 6:00 p.m.
Motion failed 2 - 3 (In favor: Charles, Zahra).
ITEMS REMOVED FROM THE CONSENT CALENDAR
(taken out of agenda order)
Approved 8. ADVANCE RESOURCES, LLC STAFF AUGMENTATION
CHANGE ORDERS
Dunlap moved, seconded by Zahra, to approve and authorize City Manager, or designee, to execute a $125,001 change order with Advance Resources, LLC.
Motion carried 5 - 0.
Received and filed 9. WATER RATE PROGRESS REPORT 2022
The following addressed City Council in person:
ZJ Hahn spoke about drought conditions.
The following addressed City Council via Zoom:
• Jane Rands expressed concerns with water rate increases.
Water Rate Progress Report received and filed 2022 by order of the Mayor.
Bid rejected 11. FULLERTON POOCH PARK RELOCATION PROJECT The following addressed City Council:
• Joshua Ferguson said the current park is illegally located.
ZJ Hahn asked about grant funding for this project.
Curtis Gamble supported returning this item to the Parks and Recreation Commission.
Jung moved, seconded by Whitaker, to reject the bid and return this item to the Parks and Recreation Commission.
Motion carried 5 - 0.
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10:28 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 10:28 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
March 21, 2023 - Page 11