303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - NOVEMBER 7, 2023
MEETINGS: The Fullerton City Council / Successor Agency meets on the first and third Tuesday of the month, convening for Closed Session at 5:00 p.m. and Regular Session at 6:30 p.m.
PUBLIC COMMENT: The public may comment on Closed Session items at the beginning of the Closed Session meeting .
The public may comment on matters not appearing on the agenda and Consent Calendar items during Public Comments at the Regular Session meeting. Prior to public comments, the public may request the removal of consent items for further discussion. Those wishing to speak on a regular business or a public hearing item on this agenda may do so when the Mayor calls that specific item for consideration.
Each speaker addressing non -agenda and consent calendar items shall have three minutes to make their remarks. City Council will allow no more than a total of 30 minutes at the beginning of the Regular Session for non -agenda comments .
Those speaking on regular business items and public hearing items shall have no more than three minutes per item to address City Council. No person shall speak more than one time to the same item. The Mayor may request that a spokesperson represent a group wishing to address City Council. The Mayor or majority of the Council may grant an extension of time for a speaker. No speaker may yield their time to another speaker.
PERSONS ADDRESSING CITY COUNCIL: Please complete a speaker form and submit the form to the Assistant City Clerk in the lobby prior to approaching the podium. State your name and city of residence for the record at the beginning of your remarks. All speakers shall observe civility, decorum and good behavior. Any item submitted to the City Council during the meeting shall become public record and subject to applicable disclosure laws.
AGENDA ITEMS: This agenda contains a brief summary of each item the Council / Agency will consider. The City Clerk ’s Office posts the agenda packet online no later than 72 hours prior to the meeting at www .cityoffullerton.com. The City Clerk’s Office and Library have copies of the packet available for public review.
In accordance with CA Government Code Section 54957.5, the public may inspect any writings or documents relating to an open session agenda item distributed less than 72 hours prior to a regular meeting at the City Clerk ’s Office located at 303 West Commonwealth Avenue, Fullerton, California and the Fullerton Main Branch Library Information Counter located at 353 West Commonwealth Avenue, Fullerton, California during normal business hours. The City will post such writings and documents received in sufficient time on the City’s website at www.cityoffullerton.com.
State regulations prohibit City Council from taking action on non -agenda items except as provided by law. Visit www.cityoffullerton.com or call (714) 738-6350 for more information.
ADA REQUIREMENTS: The City has equipment and services available to assist disabled persons with communications at the public meeting in compliance with the requirements of Title II of the Americans with Disabilities Act (ADA). Should you require special accommodations to participate in a meeting, please contact the City Clerk at [email protected] or (714) 738-6350 at least 48 hours prior to the meeting to make arrangements.
REMINDER: Please silence all electronic devices while City Council is in session.
The City will rebroadcast this City Council / Successor Agency meeting on Spectrum Cable Channel 3. The public can find cable channel rebroadcast times as well as view the meeting video on-demand at www.cityoffullerton.com.
Refer to Resolution No. 2020-04 to review the complete Rules of Procedure and Decorum for City Council meetings.
Fred Jung
Mayor (District 1)
Shana Charles
Council Member (District 3)
Bruce Whitaker
Mayor Pro Tem (District 4)
Ahmad Zahra
Council Member (District 5)
Nick Dunlap
Council Member (District 2)
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION AGENDA
NOVEMBER 7, 2023 - 4:00 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - Closed Session
City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
1. Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC Case No. 30-2022-01281840
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
2. Significant Exposure to Litigation: One Case
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
3. Significant Exposure to Litigation: Claim No. 3061581 filed by Commonwealth and Harbor, LLC
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
4. Significant Exposure to Litigation: City of Fullerton v. Commonwealth and Harbor, LLC
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
5. Property: 2701 Nutwood Avenue, Fullerton, CA 92831 ( Assessor Parcel Number 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, Hotel Operator Junson Capital Under Negotiations: Price and Terms
November 7, 2023 - Page 2
Fullerton City Council | Successor Agency Agenda
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
6. 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 REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
7. Property: 1580 West Commonwealth Avenue, Fullerton, CA 92833 Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Best4Less-Placentia, a California corporation Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
8. Property: Assessor Parcel Number 271-082-26
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Calvary Chapel Open Door
Under Negotiations: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
9. Agency Representatives: Director of Human Resources Eddie Manfro, Director of Administrative Services Ellis Chang
Employee Organization: Fullerton Police Management Association Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
November 7, 2023 - Page 3
Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
NOVEMBER 7, 2023 - 5:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS REPORT
PRESENTATIONS
PROCLAMATION: Family Court Awareness Month1.
PRESENTATION: Groundswell Annual Report2.
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
PUBLIC COMMENTS - Regular Session
The City Council / Successor Agency will hear public comments on matters not appearing on the agenda but within City Council / Agency jurisdiction and Consent Calendar items at this time. Speakers will have three minutes to make their remarks. Those wishing to speak on a regular business or public hearing item on this agenda may do so when the Mayor / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency from acting on non-agenda items.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS
AND REPORTS
City Council may ask a question for clarification, make a brief announcement, make a brief report on their activities, request a report from staff at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda.
APPOINTMENTS - None
CONSENT CALENDAR (Items 1 - 16)
City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
OCTOBER 17, 2023 MEETING MINUTES1.
November 7, 2023 - Page 4
Fullerton City Council | Successor Agency Agenda
Recommendation:
Approve October 17, 2023 City Council / Successor Agency Meeting Minutes.
JANUARY 2, 2024 CITY COUNCIL MEETING CANCELLATION2.
Recommendation:
Cancel January 2, 2024 City Council / Successor Agency Meeting.
TREASURER’S REPORT FOR QUARTER ENDED SEPTEMBER 30, 20233.
Recommendation:
Receive and file.
CLASSIFICATION PLAN UPDATE FOR CITY TRAFFIC ENGINEER, FACILITIES
MANAGER, LANDSCAPE AND TREE MANAGER, STREETS AND SEWER
MANAGER, POLICE SERVICES REPRESENTATIVE SERIES, PUBLIC
INFORMATION SPECIALIST AND LIBRARY SERVICES SUPERVISOR POSITIONS
4. Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - 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
PROFESSIONAL SERVICES AGREEMENT WITH EXECUTIVE EVENT SERVICES
FOR SECURITY SERVICES AMENDMENT FOUR
5. Recommendation:
Authorize City Manager, or designee, to execute and administer Amendment Four to the Professional Services Agreement with Executive Event Services to extend the current contract to February 24, 2024, in a form approved by the City Attorney.
ASSIGNMENT OF THE PINES AT SUNRISE VILLAGE FROM SUNRISE VILLAGE
OWNER, LLC TO LENNAR HOMES OF CALIFORNIA, LLC
6. Recommendation:
1. Consent to Assignment and Assumption of Development Agreement between Sunrise Village Owner, LLC and Lennar Homes of California, LLC and authorize City Manager, or designee, to execute said consent, in a form approved by the City Attorney.
2. Approve City of Fullerton Community Facilities District No. 3 Assignment and Assumption Agreement and authorize City Manager, or designee, to execute the agreement, in a form approved by the City Attorney.
FINAL MAP FOR TRACT NO. 19275 - WEST COYOTE HILLS (2701 ROSECRANS
AVENUE)
7. November 7, 2023 - Page 5
Fullerton City Council | Successor Agency Agenda
Recommendation:
1. Find that Final Map for Tract No. 19275 conforms to all applicable requirements.
2. Approve Final Map for Tract No. 19275.
3. Accept easements for street and public utility purposes along Euclid Street and Gilbert Street, as dedicated.
4. Authorize Mayor and City Clerk to enter into a Subdivision Implementation Agreement with subdivider, in a form approved by the City Attorney.
5. Authorize City Manager to approve future amendments to Subdivision Implementation Agreement, in a form approved by the City Attorney.
DISABLED PERSON PARKING ZONE AT 2533 FLOWER AVENUE8.
Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE AT 2533 FLOWER AVENUE
DISABLED PERSON PARKING ZONE AT 437 - 443 WEST VALENCIA DRIVE9.
Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE AT 437 - 443 WEST VALENCIA DRIVE
TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION TO
RESCIND THE EARLY MORNING PARKING RESTRICTION ON VALWOOD DRIVE
10. Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, RESCINDING THE EARLY MORNING PARKING
RESTRICTION ON THE WEST SIDE OF VALWOOD DRIVE BETWEEN LONGVIEW DRIVE AND APPROXIMATELY 400-FEET NORTHERLY THEREOF AT THE FIRST
DRIVEWAY NORTH OF LONGVIEW DRIVE
ADVANCE RESOURCES, LLC STAFF AUGMENTATION CHANGE ORDER
NUMBER TWO FOR TEMPORARY MECHANIC SERVICES
11. Recommendation:
1. Approve and authorize City Manager, or designee, to execute a $175,000 change order with Advance Resources, LLC for temporary staffing services.
2. Authorize City Manager, or designee, to approve future change orders within budget if needed.
November 7, 2023 - Page 6
Fullerton City Council | Successor Agency Agenda
FIRE DEPARTMENT VEHICLES PURCHASE12.
Recommendation:
1. Award $183,699.90 purchase order for two Fire Department trucks to National Auto Fleet Group.
2. Approve $91,849.95 budget transfer and appropriation to the Fiscal Year 2023-24 Budget from the Office of Emergency Services reimbursement funds in the General Fund (Fund 10) to the Vehicle Replacement Fund (Fund 64).
PURCHASE ORDER WITH TETRA TECH FOR WELL 10 UPGRADES, WELLS 2 AND 10 REHABILITATION AND PIPELINE DESIGN SERVICES
13. Recommendation:
1. Authorize City Manager, Public Works Director or designee, to execute a $422,516 purchase order with Tetra Tech for design services for the Well 10 upgrades, Wells 2 and 10 Rehabilitation and Pipeline Design Project.
2. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget.
CONTRACT WITH BEST DRILLING AND PUMP INCORPORATED FOR WELL 6
REHABILITATION PROJECT
14. Recommendation:
1. Approve specifications for Well 6 Rehabilitation project.
2. Award $151,450 construction contract for Well 6 Rehabilitation project to Best Drilling and Pump, Incorporated and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
3. 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.
CONTRACT WITH CJ CONCRETE CONSTRUCTION, INC. FOR CURB AND GUTTER AND SIDEWALK PROJECT FISCAL YEAR 2022-23
15. Recommendation:
1. Approve plans and specifications for Curb and Gutter and Sidewalk Project Fiscal Year (FY) 2022-23.
2. Approve $202,000 budget transfer and appropriation of Drainage Capital Outlay funds (Fund 36) from Project 44795 Curb and Gutter and Sidewalk Project FY 2023-24 to Project 44794 Curb and Gutter and Sidewalk Project FY 2022-23 in the Capital Improvement Program Fund (Fund 74).
3. Award $474,100 construction contract to CJ Concrete Construction, Inc. for the Curb and Gutter and Sidewalk Project FY 2022-23 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 November 7, 2023 - Page 7
Fullerton City Council | Successor Agency Agenda
construction and professional engineering construction support services with the approved project budget.
CLASSIFICATION PLAN UPDATE TO INCREASE THE MINIMUM WAGE16.
Recommendation:
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2020-104 APPENDIX A
RELATING TO PAY FOR NON-REGULAR EMPLOYEES
PUBLIC HEARINGS (Item 17)
Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing.
APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET (CONTINUED FROM OCTOBER 17, 2023 MEETING)
17. A request to review and act on an appeal of Planning Commission approval of a Conditional Use Permit and Major Site Plan to construct an automobile service station on property zoned G-C, General Commercial, located at 312 North Euclid Street.
Recommendation:
1. Adopt the following resolutions:
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING
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
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
OR
2. Alternative Action: Should City Council approve the appeal, direct staff to draft alternative resolutions to deny the Planning Commission approval of the Conditional Use Permit and Major Site Plan requests.
REGULAR BUSINESS (Items 18 - 19)
KEY RESULTS OF COMMUNITY ISSUES SURVEY ON COMMUNITY PRIORITIES
AND LOCAL FUNDING OPTIONS AND POSSIBLE ACTION ON CONTINUING
COMMUNITY ENGAGEMENT ON CRITICAL FULLERTON PRIORITIES
(CONTINUED FROM OCTOBER 17, 2023 MEETING)
18. November 7, 2023 - Page 8
Fullerton City Council | Successor Agency Agenda
The City conducted a poll of resident opinions regarding community priority setting and local funding options specifically exploring a local sales tax option earlier this year. The City Manager ’s Office requests consideration of further community public engagement to explore both community priorities and local funding opportunities.
Recommendation:
Authorize staff to continue community engagement to receive resident and business opinions regarding current community priorities and local funding opportunities and direct City Manager to bring back a contract with an outside firm to work with the City on these efforts.
TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION POLICE SAFETY AND
DISPATCHER UNITS
19. Proposed Memoranda of Agreement between the City of Fullerton and the Fullerton Police Officers’ Association - Police Safety Unit and Dispatcher Unit reflecting tentative agreements on wages, hours and working conditions for City Council consideration.
Recommendation:
1. Adopt the following resolutions:
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS ’
ASSOCIATION - POLICE SAFETY UNIT
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE OFFICERS ’
ASSOCIATION - DISPATCHER UNIT
2. Approve $1,219,745 budget appropriation from General Fund (Fund 10) unassigned fund balance to Police Department budget for Fiscal Year 2023-24.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, November 21, 2023
• NOISE ORDINANCE
• UNION PARK DESIGN
• CHURCH LEASE AMENDMENT
• OCTOBER 2023 CHECK REGISTER
• OUTDOOR GRANT APPLICATION RESOLUTION
• MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
• CONSIDERATION OF EXISTING OVERNIGHT PARKING BAN ORDINANCE Tuesday, December 5, 2023
• MAYOR / CHAIR AND MAYOR PRO TEM / VICE CHAIR APPOINTMENT
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West November 7, 2023 - Page 9
Fullerton City Council | Successor Agency Agenda
Commonwealth Avenue, Fullerton, California.
Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
November 7, 2023 - Page 10
Fullerton City Council | Successor Agency Agenda