CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
April 4, 2023 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:30 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:30 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 Jung moved, seconded by Dunlap, to add the following item to the Closed Session agenda as the need to act on this item arose after posting the agenda and requires action before the next regular meeting:
City of Fullerton, et al v. Purdue Pharma L.P., et al; USDC, Northern District of California, Case No. 19-cv-02321-JST, transferred to USDC, Northern District of Ohio, MDL No. 2804.
Motion carried 5 – 0.
PUBLIC COMMENTS ‑ Closed Session
None.
4:32 p.m.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:32 p.m.
CLOSED SESSION
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)
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representative/s: Eddie Manfro, Jay Trinnaman
Employee Organizations: Fullerton Fire Management Association, Fullerton Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 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: 410 South Richman Avenue, Fullerton, CA 92832, 801 West Valencia Drive, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Boys and Girls Club
Under Negotiations: Price and Terms
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
5:31 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:31 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
APRIL 4, 2023 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:35 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:35 p.m.
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 Reverend Nate Allen St. Paul Lutheran Church.
PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
1. PROCLAMATION: Music In Our Schools Month
2. PROCLAMATION: Arbor Day 2023
3. PROCLAMATION: Arab American Heritage Month
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Todd Harrison spoke about traffic accidents at Valencia and Lemon Street and the State of the City event.
Yolanda Harrison, Fullerton, spoke about the State of the City event.
Bernard Oh, Fullerton, spoke about the State of the City.
Maureen Milton, Fullerton, spoke about front license plates on Tesla vehicles and the City’s hydro excavator purchase.
Woudarek (no last name provided) spoke about the 14th Amendment.
Eddie Carmona invited the public to an event hosted by Assembly Member Quirk-Silva.
Curtis Gamble spoke about homeless issues.
Munish Bharadwaja, Fullerton, spoke in support of City employees.
The following addressed City Council via Zoom:
Jane Reifer spoke about native trees on City owned property and revised agendas.
Angali Tapadia, Fullerton, spoke about road safety.
Kayla Asato spoke about the drinking water basin and superfund sites.
Roy Lister spoke about cannabis in Fullerton.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Charles reported on recent and upcoming events in the City.
Council Member Zahra wished all a Happy Easter.
Mayor Pro Tem Whitaker reported on water activities.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 7)
Jung moved, seconded by Dunlap, to approve Consent Calendar items 1 through 6.
Motion carried 5 – 0.
Approved
MARCH 21, 2023 MEETING MINUTES
Recommendation:
Approve March 21, 2023 City Council / Successor Agency Meeting Minutes.
Adopted
RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS Recommendation:
Adopt Resolution No. 2023‑020.
RESOLUTION NO. 2023‑020 ‑ 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. 2023‑007 Adopted
CLASSIFICATION PLAN UPDATE RELATING TO POLICE OFFICER TRAINEE AND POLICE OFFICER SERIES POSITIONS Recommendation:
Adopt Resolution No. 2023‑021.
RESOLUTION NO. 2023‑021 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN Adopted
INTERIM DIRECTOR OF PUBLIC WORKS EMPLOYMENT AGREEMENT
Recommendation:
Adopt Resolution No. 2023‑022.
RESOLUTION NO. 2023‑022 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RATIFYING AN AGREEMENT RETAINING RAUL GODINEZ AS THE INTERIM DIRECTOR OF PUBLIC WORKS IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) Approved
OKTA IDENTITY SECURITY LICENSE RENEWALS
Recommendation:
Approve OKTA license, subscription and support renewal for a three‑year term with reseller ePlus Technology Inc. and authorize City Manager, or designee, to execute and administer related renewal documents and purchase orders, in a form approved by City Attorney.
Authorize City Manager, or designee, to approve, execute and administer future renewals, including change of authorized resellers, within budget and within the City Manager approval authority, in a form approved by City Attorney.
Approved
DUMP TRUCK REPLACEMENT PURCHASE
Recommendation:
Authorize Public Works Director, or designee, to issue $287,851.88 purchase order to PB Loader Corporation for a new Velocity Dump Truck.
PUBLIC HEARINGS (Item 8)
Adopted
8. POINTE COMMON AFFORDABLE HOUSING PROJECT AT 1600 WEST COMMONWEALTH AVENUE Mayor Jung opened the public hearing at 6:55 p.m.
The following addressed City Council:
Curtis Gamble spoke in support of this project.
Maureen Milton commented on planned parking and laundry facilities.
Elizabeth Hansburg, Fullerton, spoke in support of this project.
The following addressed City Council via Zoom:
Jane Reifer spoke about elevator access, transit priority areas bus stops and driveways.
Anjali Tapadia spoke about the Active Transportation Committee, pedestrian safety, parking and bicycles.
Kayla Asato spoke about RHNA numbers.
Mayor Jung closed the public hearing at 7:21 p.m.
Dunlap moved, seconded by Zahra, to:
Adopt the following resolutions:
RESOLUTION NO. 2023‑023 ‑ 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 THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE POINTE COMMON AFFORDABLE HOUSING DEVELOPMENT PROPOSED AT 1600 WEST COMMONWEALTH AVENUE RESOLUTION NO. 2023‑024 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MAJOR SITE PLAN FOR A 65‑UNIT AFFORDABLE HOUSING DEVELOPMENT ON A 2.50‑ACRE PROPERTY LOCATED AT 1600 WEST COMMONWEALTH AVENUE RESOLUTION NO. 2023‑025 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A GENERAL PLAN REVISION TO CHANGE THE COMMUNITY DEVELOPMENT TYPE FROM INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL ON A 2.50‑ACRE PARCEL OF LAND LOCATED AT 1600 WEST COMMONWEALTH AVENUE Introduce Ordinance 3321 for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 321 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONING AMENDMENT TO CHANGE THE ZONING CLASSIFICATION FROM MANUFACTURING GENERAL (M‑G) to LIMITED DENSITY MULTIPLE FAMILY RESIDENTIAL (R‑3) ON A 2.50‑ACRE PARCEL OF LAND LOCATED AT 1600 WEST COMMONWEALTH AVENUE Motion carried 5 – 0 .
City Clerk Williams read the title of the ordinance.
REGULAR BUSINESS (Items 9 ‑ 11)
Direction provided
9. 2023 FOURTH OF JULY CELEBRATION OPTIONS
The following addressed City Council:
Unidentified speaker spoke in support of the drone event.
Curt Johnston asked about personnel costs.
The following addressed City Council via Zoom:
Anjali Tapadia spoke in support of an event at the downtown plaza.
Whitaker moved, seconded by Charles, to approve Option C to postpone the event until 2024.
Dunlap moved, seconded by Jung, to amend the motion to approve Option C and Option D.
Motion to amend carried 3 – 2 (Opposed: Charles, Zahra).
Amended motion to approve Option C to postpone the event until 2024 and Option D to continue working with California State University Fullerton to hold event at CSUF Recreational Fields carried 3 - 2 (Opposed: Charles, Zahra).
Appeal upheld
10. TRANSPORTATION AND CIRCULATION COMMISSION DECISION TO DENY AN EARLY MORNING PARKING EXEMPTION ON BOTH SIDES OF WEST WHITING AVENUE BETWEEN FORD AVENUE AND HIGHLAND AVENUE APPEAL The following addressed City Council:
Eloise Smith, Fullerton, asked City Council to deny the appeal.
John Siracuse, Fullerton, supported repealing the current parking regulations.
Michael Francis, Fullerton, said the City must adapt to current parking needs.
Tony Garisek, Fullerton, opposed removing the current parking restrictions.
Ann Marie Garisek, Fullerton, opposed removing the current parking restrictions.
Kara Sarracino, Fullerton, spoke about parking conditions in Fullerton.
Nancy Tavera, Fullerton, supported repealing the parking restriction.
Laura Cross, Fullerton, opposed removing the current parking restrictions.
Janette Redinger, Fullerton, spoke in support of repealing the overnight parking restriction.
Mark Jaso, Fullerton, spoke in support of the appeal and creating a permit parking program.
Evan Stone, Fullerton, supported parking in front of homes in this neighborhood.
Andraya Eisenman spoke in support of the appeal.
Sarah Rhee, Fullerton, spoke in support of the appeal.
The following addressed City Council via Zoom:
Matt Leslie spoke in opposition to the appeal.
Zahra moved, seconded by Dunlap, to concur with initial City Traffic Engineer recommendation to approve the petition and sustain appeal of the Transportation and Circulation Commission decision to deny an early morning parking exemption on both sides of West Whiting Avenue, between Ford Avenue and Highland Avenue.
Motion carried 5 – 0.
Direction provided
11. ELECTRICITY COSTS AND RATES AND OPTIONS TO OPT DOWN OR WITHDRAW FROM THE ORANGE COUNTY POWER AUTHORITY JOINT POWERS AGREEMENT The following addressed City Council via Zoom:
Holyin Ip supported remaining with OCPA.
Harvey Liss, Irvine, spoke about residential opt out.
Linda Kraemer, Community Choice Energy, spoke in support of remaining with OCPA.
Jose Trinidad Castaneda spoke about the financial impacts to opt out of OCPA.
Munish Bharadwaja, Fullerton, suggested moving slowing so the City does not partner with an organization that may go bankrupt.
Zahra moved, seconded by Charles, to authorize City Manager to execute a non‑disclosure agreement with OCPA.
Motion carried 5 – 0.
Zahra moved, seconded by Charles, to direct staff to research hiring a consultant to analyze the cost and process to withdraw from the Joint Powers Agreement with OCPA, consider partnering with another City to hire the consultant and present findings to City Council at a future meeting.
Motion carried 3 – 2 (Opposed: Jung, Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR (Item taken out of order) Approved
7. TRAFFIC SIGNAL VEHICLE DETECTION EQUIPMENT PURCHASE
Dunlap moved, seconded by Whitaker, to authorize Director of Administrative Services, or designee, to award purchase order(s) not to exceed $200,000 for vehicle detection equipment from Iteris, Inc.
Motion carried 5 – 0.
9:35 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 9:35 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk