CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
October 3, 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.
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Charles, Zahra
Absent: Council / Agency Member Dunlap
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:31 p.m.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 3012 Garnet Lane, Fullerton, CA 92831
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez, Community and Economic Development Director Sunayana Thomas Negotiating Parties: Civic Center Barrio
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Lourdes Toman, et al. v. Brea Police Department, et al.
Case Number: USDC 8:20‑CV‑00046‑DOC‑KES
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 Agency Representatives: Eddie Manfro, Jay Trinnaman
Employee Organizations: Police Officers’ Association ‑ Dispatchers, Police Officers’ Association ‑ Police Safety Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions 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
5:25 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:25 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
October 3, 2023 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:31 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:31 p.m.
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Charles, Zahra
Absent: Council / Agency Member Dunlap
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Interim Police Captain Johnathan Radus, Fire Chief Adam Loeser INVOCATION given Rabbi Corey Sylvester, Temple Aviv Judea.
PLEDGE OF ALLEGIANCE led by Mayor Jung.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Council Member Zahra reported he met with the Fullerton Police Officers Association and Fullerton Firefighters Association.
Mayor Jung reported he met with the Fullerton Police Officers Association.
PRESENTATIONS
Presented
1. PRESENTATION: World Korean Business Convention 2023
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
Council Members pulled Item 4 from the Consent Calendar.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
MJ Noor spoke about Parents’ Voice USA.
Diane Vena spoke about the UP Trail grant.
Helen Higgins, Fullerton, spoke about the open space and climate change.
Bernard (no last name provided) spoke about City Council conduct.
Todd Harrison, Fullerton, spoke about the Fullerton Police Department and traffic at Lemon and Valencia Avenues.
Yolanda Harrison spoke about technological issues and Rancho La Paz.
Maureen Milton spoke about flag etiquette and water issues.
Woudarek (no last time provided) spoke about the 14th Amendment.
Anjali Tapadia spoke in support of the Union Pacific Trail.
Saskia Kennedy, Fullerton, spoke in support of the Union Pacific Trail.
Pat Shady, Fullerton, spoke about open space in District 4.
Margaret Richardson spoke about water bills.
Diane (no last name provided) spoke in support of the UP Park Trail.
Maria Ramirez spoke in support of the UP Park Trail Grant.
Socorro Mendoza spoke in support of the UP Park Trail Grant.
Veronica Moran, Fullerton, spoke in support of the UP Park Trail Grant.
Chris Goedel, Fullerton Fire Department, spoke about Cancer Awareness Month.
Jaymes Dunnesmore, Fullerton, spoke in support of the UP Park Trail.
Isabelle Flores spoke in support of the UP Park Trail.
Julianna Nuncci spoke in support of the UP Park Trail.
Egleth Nuncci, Fullerton, spoke in support of the UP Park Trail.
Unidentified speaker spoke about public notices, the UP Park Trail, the tax base, sidewalks and trash payments.
Karen Lloreda, Fullerton, spoke about the UP Park Trail grant.
Curtis Gamble spoke about homeless issues.
Molly Chapman, Fullerton, spoke in support of the UP Park Trail.
The following addressed City Council remotely:
Damion Lloyd, Fullerton, spoke about recent HOIZ meetings.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Charles reported on the Day in Fullerton event and noted the passing of Senator Diane Feinstein.
Council Member Zahra reported on Day in Fullerton, new Fullerton College president, CalCities Annual Conference, social media and community engagement, conflicts of interest and a grant to create a specific plan in the Highland and Harbor area.
Mayor Pro Tem Whitaker spoke about a NOVA special featuring the Orange County Water District.
APPOINTMENTS
Appointed
COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Mayor Jung appointed Vince Buck to fill an unscheduled vacancy on the Active Transportation Committee for a term ending December 31, 2024.
Zahra moved, seconded by Charles, to ratify appointment.
Motion carried 4 – 0 – 1.
CONSENT CALENDAR (Items 1 ‑ 5)
Zahra moved, seconded by Whitaker, to approve Consent Calendar Items 1, 2, 3 and 5.
Motion carried 4 – 0 – 1.
Approved
1. SEPTEMBER 19, 2023 MEETING MINUTES
Recommendation:
Approve September 19, 2023 City Council / Successor Agency Meeting Minutes.
Approved
2. 2023 ORANGE COUNTY COMPLETE STREETS PROGRAM APPLICATION AUTHORIZATION TO IMPROVE HARBOR BOULEVARD Recommendation:
Authorize staff to submit an application for Complete Street Grant through the Orange County Transportation Authority.
Approved
3. MUNICIPAL LEAK DETECTION AND REPAIR GRANT ACCEPTANCE AND BUDGET APPROPRIATION Recommendation:
1. Accept $100,000 Municipal Leak Detection and Repair Grant from Metropolitan Water District and appropriate receipt and use in the Water Fund (Fund 44) Water Connection and Quality program.
2. Authorize City Manager, or designee, to execute and administer agreement and all documents related to the grant.
Approved
5. PAINTER STENCIL TRUCK PURCHASE
Recommendation:
Approve $153,737.43 purchase of a new Painter Stencil Truck from National Auto Fleet Group.
PUBLIC HEARINGS (Items 6 ‑ 8)
Continued
6. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET Provecho Market Owner requested continuing this item until all Council Members present.
Leland Wilson, appellant, asked to proceed with the hearing at this meeting.
Whitaker moved, seconded by Jung, to continue this item to the October 17, 2023 City Council meeting at 5:30 p.m. in the Fullerton City Council Chamber.
Motion failed 2 – 2 – 1 (Opposed: Charles, Zahra; Absent: Dunlap).
Mayor Jung opened the public hearing at 7:23 p.m.
The appellant addressed City Council.
The applicant addressed City Council.
The following addressed City Council:
Diane Vena, Fullerton, spoke in support of the appeal.
Patricia Bunnell, Fullerton, spoke in support of the appeal.
Timothy Hemstreet spoke in opposition to the project.
Bryan Nece spoke in opposition to the project.
Crystal Drake, Fullerton, spoke in opposition to the project.
Julie Stockstill spoke in support of the appeal.
Woudarek (no last name provided) suggested installing electric charging stations.
Maureen Milton spoke in opposition to this item.
Leland Wilson spoke in support of the appeal.
Unidentified Fullerton Resident expressed concerns with fuel trucks at this location.
Susan Hartman spoke in opposition to this project.
Erica Hartzell, Fullerton, spoke in opposition to this project.
Colin Uasa, Fullerton, spoke in opposition to this project.
Jane Rands, Fullerton, spoke in opposition to this project.
Matthew Leslie, Fullerton, spoke in support of the appeal.
Jane Reifer commented on technical issues related to the application.
Unidentified speaker asked City Council to listen to the neighborhood.
The applicant provided clarification to issues raised during the hearing.
The following addressed City Council remotely:
Munish (no last name provided) spoke in support of the application.
Mayor Jung closed the public hearing at 9:11 p.m.
Jung moved, seconded by Whitaker, to adopt the following resolutions to deny the appeal:
RESOLUTION NO. 2023‑XXX ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE STATION ON PROPERTY ZONED G‑C, GENERAL COMMERCIAL, LOCATED AT 312 NORTH EUCLID STREET RESOLUTION NO. 2023‑XXX ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO CONSTRUCT AN AUTOMOBILE SERVICE STATION ON PROPERTY ZONED G‑C, GENERAL COMMERCIAL LOCATED AT 312 NORTH EUCLID STREET Motion failed 2 – 2 – 1 (Opposed: Charles, Zahra; Absent: Dunlap).
Jung moved, seconded by Whitaker, to continue this item to the October 17, 2023 City Council meeting at 5:30 p.m. in the Fullerton City Council Chamber.
Motion carried 4 – 0 – 1 (Absent: Dunlap).
Introduced
7. ZONE CHANGE FOR PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE Mayor Pro Tem Whitaker recessed the meeting at 9:23 p.m.
Mayor Pro Tem Whitaker reconvened the meeting at 9:24 p.m.
Mayor Jung opened the public hearing at 9:27 p.m.
The following addressed City Council:
Debbie Despain, applicant, spoke in support of this item.
Ernie Kelsie spoke in support of this item.
Julie Raymond, Fullerton, spoke in support of this item.
Jaymes Dunsmore, Fullerton, spoke in support of this item.
Mayor Jung closed the public hearing at 9:36 p.m.
Jung moved, seconded by Charles, to introduce Ordinance No. 3325 for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 3325 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A CHANGE OF ZONE CLASSIFICATION FROM “R‑1‑7.2” TO “R‑1‑7.2P” ON PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS THE PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE TO THE SOUTH OF MALVERN AVENUE Motion carried 4 – 0 – 1 (Absent: Dunlap).
City Clerk Williams read the title of the ordinance.
Introduced
8. PROPOSED AMENDMENTS TO FULLERTON MUNICIPAL CODE TITLE 11 (ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS) AND TITLE 15 (ZONING ORDINANCE) Mayor Jung opened the public hearing at 9:48 p.m.
No speakers addressed City Council.
Mayor Jung closed the public hearing at 9:48 p.m.
Jung moved, seconded by Charles, to introduce the following ordinances for first reading by title only and waive further reading of the ordinances.
ORDINANCE NO. 3326 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF FULLERTON MUNICIPAL CODE TITLE 11 (CHAPTERS 11.01 AND 11.36) AND TITLE 15 (CHAPTERS 15.04 AND 15.17) PERTAINING TO ANIMAL KEEPING ORDINANCE NO. 3327 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF FULLERTON MUNICIPAL CODE TITLE 15 (CHAPTER 15.04 AND RELATED CHAPTER OR SECTIONS, IF APPLICABLE) PERTAINING TO PRIVATE AND PUBLIC SCHOOLS Motion carried 4 – 0 – 1 (Absent: Dunlap).
City Clerk Williams read the ordinance titles.
REGULAR BUSINESS (Items 9 ‑ 12)
Continued
9. TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION TO AMEND EARLY MORNING PARKING REGULATIONS Item continued.
Approved
10. ACTIVE TRANSPORTATION PROGRAM GRANT FUNDS BUDGET APPROPRIATION FOR NUTWOOD AVENUE BICYCLE AND PEDESTRIAN MOBILITY ENHANCEMENT PROJECT The following addressed City Council:
Jane Reifer asked about bus stops in this project.
Anjali Tapadia spoke in support of this project.
Charles moved, seconded by Zahra, to:
1. Accept and appropriate $7,140,000 of 2022 ATP Grant Funds in the Capital Projects Fund (Fund 74) in Project No. 48008 Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project (Fund 74).
2. Approve $150,000 budget transfer of available M2 Local Fair Share Funds (Fund 25) from Project No. 44589 Residential Street Program to Project No. 48008 Nutwood Avenue Bicycle and Pedestrian Mobility Enhancement Project (Fund 74) to fund ineligible expenditures under the ATP Funds.
Motion carried 4 – 0 – 1 (Absent: Dunlap).
Approved
11. PARKS AND RECREATION DEPARTMENT REORGANIZATION
Zahra moved, seconded by Whitaker, to:
1. Approve proposed amendment to revise the Fiscal Year (FY) 2023‑24 Parks and Recreation Department Personnel Summary to increase the total budgeted full‑time equivalent positions from 15 to 21 and reduce the total nonregular hours by 8,320 hours to 45,636 hours.
2. Approve necessary budget amendments to the FY 2023‑24 Adopted Budget to reduce the Parks and Recreation Fund (Fund 15) operating budget by $43,220 and increase the Brea Dam Fund (Fund 42) operating budget by $11,012.
Motion carried 4 – 0 – 1 (Absent: Dunlap).
Adopted
12. ADMINISTRATIVE SERVICES DEPARTMENT CLASSIFICATION PLAN UPDATE Zahra moved, seconded by Charles, to adopt Resolution No. 2023‑072.
RESOLUTION NO. 2023‑072 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2023‑053 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A AND RESOLUTION NO. 2023‑052 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) APPENDIX A Motion carried 4 – 0 – 1 (Absent: Dunlap).
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted
4. WATER RATES, RULES AND REGULATIONS ‑ RULE 9 AND RULE 10 AMENDMENTS AND ONE‑TIME INCREASE TO UTILITY DISPUTE FUNDS Zahra moved, seconded by Charles, to adopt Resolution No. 2023‑071.
RESOLUTION NO. 2023‑071 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING CITY POLICIES FOR WATER SERVICE PROVISION AND AUTHORIZING A FUNDING INCREASE AVAILABLE TO INFRASTRUCTURE AND NATURAL RESOURCES ADVISORY COMMITTEE FOR EQUITABLE PENALTY WAIVER AND/OR FEE REDUCTION TO ADDRESS DISPUTED WATER, SEWER AND SANITATION UTILITY CHARGES Motion carried 4 – 0 – 1 (Absent: Dunlap).
10:14 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 10:14 p.m. in memory of Senator Diane Feinstein. _____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk