CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
October 17, 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 (arrived 4:31 p.m.), Council / Agency Members Dunlap, Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
Jung moved, seconded by Charles, to add the following item to the Closed Session Agenda as the need to act on the item arose after posting the agenda and action cannot wait until the next regular meeting.
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Orange County Water District, et al. v. 3M Company, et al.
Case Number: OCSC 30‑2020‑01172419‑CU‑PL‑CXC
Motion carried 5 – 0.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:31 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA, Inc. v. City of Fullerton Case Number: OCSC 30‑2017‑00952643, Court of Appeal G059914 (G06034, G060585)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 510 North Harbor Boulevard, Fullerton, CA 92832 Agency Negotiator: City Manager Eric J. Levitt, Director of Community and Economic Development Sunayana Thomas Negotiating Parties: Fullerton Historic Theatre Foundation Under Negotiations: Price and Terms
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 301 North Pomona Avenue, Fullerton, CA 92832
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez Negotiating Parties: Fullerton Museum Center Association Under Negotiations: Price and Terms
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 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 LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) (added agenda item) Name of Case: Orange County Water District, et al. v. 3M Company, et al.
Case Number: OCSC 30‑2020‑01172419‑CU‑PL‑CXC
5:26 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:26 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
October 17, 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.
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 Father Steve Correz, St. Mary’s Church.
PLEDGE OF ALLEGIANCE led by Council Member Dunlap.
CLOSED SESSION REPORT
City Attorney Jones reported that Jung moved, seconded by Zahra, to settle Lourdes Toman, et al. v. Brea Police Department, et al. for $1.5 million.
Motion carried 4 – 0 – 1 (Absent: Dunlap).
EX PARTE COMMUNICATIONS REPORT
Mayor Jung reported he spoke with the Fullerton Police Officers Association.
Presented
PRESENTATIONS
1. PROCLAMATION: Childhood Lead Poisoning Prevention Week
2. PROCLAMATION: National Domestic Violence Awareness Month
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
City Council pulled Items 7 and 9 from the Consent Calendar.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Diane Vena spoke about the UP Park Trail.
Karen Lloreda spoke about City Council minutes.
Bernard (no last name provided) spoke about City Council conduct and the UP Park Trail.
Yolanda Harrison, Fullerton, spoke about safety of the Lemon and Valencia intersection.
Todd Harrison, spoke about safety of the Lemon and Valencia intersection.
Maureen Milton spoke about dating printed materials and ADA accommodations.
Saskia (no last time provided), Fullerton, advocated for the Union Pacific Trail.
Mayor Jung recessed the meeting at 6:03 p.m.
Mayor Jung reconvened the meeting at 6:09 p.m.
Woudarek (no last name provided) spoke about police issues.
Zee (no last time provided) spoke about the Lemon and Valencia intersection and City Council conduct.
Courtney Davis spoke in favor of the Union Pacific Trail.
Myra Figueroa, Fullerton, spoke in favor of the Union Pacific Trail and about liquor stores in her neighborhood.
Mike Huqunio spoke about the short-term rental approval process.
Andrew Liverman spoke about the short-term rental approval process.
Larry Bennett spoke about the short-term rental approval process.
Elizabeth Hansburg, Fullerton, spoke in support of the UP Trail.
Maria Ramirez spoke in support of the UP Trail grant.
Veronica Moran spoke in support of the Union Pacific Trail.
Lucia Maturino spoke in support of open space, Woodcrest Park and Hispanic Heritage Month.
Dallany (no last name provided) asked for support for Union Pacific Trail and spoke about homeless housing.
Egleth Nuncci, Fullerton, advocated for the Union Pacific Trail grant.
Monica Hernandez asked for support for the Union Pacific Trai grant Maria Isabell Flores asked for support for the Union Pacific Trail grant.
Anjali Tapadia spoke in support of the trail.
Carime Calixto spoke in support of the Union Pacific trail.
Blanca Hernandez spoke in support of the Union Pacific trail.
Karla Ayao spoke in support of the Union Pacific trail.
Curtis Gamble spoke about homeless issues.
Curt Johnston suggested a bike path from the Transportation Center to Independence Park and spoke about safety improvements in the City.
The following addressed City Council remotely:
Jane Reifer spoke about the Union Pacific Trail, the Lemon and Valencia intersection, 1500 South Raymond, translation services and Planning Commission actions.
Kayla Asato spoke in support of the Up Park trail.
Ilse Miranda spoke about inoperable streetlights, homeless and drug issues in Woodcrest Park and supported UP Park.
Munish (no last name provided) spoke about streetlights, district elections, city parks, City Council minutes policy and neutrality in media reporting.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Charles spoke about office hours ad auto malls and read a joint statement with Council Member Zahra about the Gaza conflict.
Council Member Dunlap spoke about public comments, the Union Pacific Trail, asked, supported by Jung, City Council to review the Short Term Rentals Ordinance and spoke about baseball playoffs Council Member Zahra spoke about a joint statement on Gaza, asked to adjourn the meeting in memory of lives lost in Gaza, asked, supported by Jung, to agendize discussion of the Valencia / Lemon and Highland / Orangethorpe intersections, asked, supported by Jung, to review smoke shop and liquor regulations, spoke about Woodcrest neighborhood lighting, requested an update on Edison solar light pilot program and recognized Fullerton Fire Department fundraising efforts and Sunrise Rotary for adopting Truslow Park and Lemon Bridge Park.
Mayor Pro Whitaker reported on an Orange County Water District Water Summit and a vigil at Temple Beth Tikvah and welcomed the public to meet with him for a full discussion regarding decisions made at meetings.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 12)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 through 6, 8, 10 through 12.
Motion carried 5 – 0.
Approved
1. OCTOBER 3, 2023 MEETING MINUTES
Recommendation:
Approve October 3, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Adopted
3. ZONE CHANGE FOR PROPERTIES LOCATED IN THE PRESIDENT AVENUES NEIGHBORHOOD, GENERALLY DESCRIBED AS PROPERTIES ON ADAMS AVENUE, JEFFERSON AVENUE, TRUMAN AVENUE AND ROOSEVELT AVENUE ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3325.
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 Adopted
4. PROPOSED AMENDMENTS TO FULLERTON MUNICIPAL CODE TITLE 11 (ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS) AND TITLE 15 (ZONING ORDINANCE) ‑ SECOND READING OF ORDINANCES Recommendation:
Adopt the following 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 Received and filed
5. SEPTEMBER 2023 CHECK REGISTER
Recommendation:
Receive and file.
Accepted
6. FULLERTON PUBLIC LIBRARY FOUNDATION DONATION FOR HUNT LIBRARY FACILITY Recommendation:
Accept and appropriate receipt and use of $250,000 Fullerton Public Library Foundation donation for the Hunt Library Facility.
Approved
8. APPROPRIATION REQUEST FOR CONTINUED GLASS BOX TECHNOLOGIES, INC. TYLER MUNIS IMPLEMENTATION SUPPORT SERVICES Recommendation:
1. Approve the following budget transfers from available fund balance and appropriate to Project 6381‑Tyler ERP Project in the Information Technology Fund (Fund 68):
$120,000 transfer from Water Fund
$60,000 transfer from Sewer Fund
$60,000 transfer from Sanitation Fund
$60,000 transfer from Refuse Fund.
2. Authorize City Manager, or designee, to execute related documents and issue a $300,000 change order with Glass Box Technology, Inc. for continued Tyler Munis implementation support services.
3. Authorize Director of Administrative Services to issue future change orders within project budget (Project No. 6381 ‑ Tyler ERP Project).
Approved
10. AMENDMENT TO AGREEMENT WITH SYSTEMS INTEGRATED FOR MAIN PLANT PER‑ AND POLYFLUOROALKYL SUBSTANCES WATER TREATMENT PLANT SCADA SUPPORT Recommendation:
1. Authorize City Manager, or designee, to execute and administer Amendment No. One to the Professional Services Agreement with Systems Integrated to provide Main Plant per‑ and polyfluoroalkyl substances (PFAS) water treatment plant SCADA support on a month‑to‑month basis from December 1, 2023 through April 30, 2024, in a form approved by the City Attorney.
2. Authorize Director of Administrative Services, or designee, to award $146,658.35 purchase order with Systems Integrated for Main Plant PFAS Water Treatment Plant SCADA support services.
3. Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget.
Approved
11. KIMBERLY AVENUE SEWER RECONNECTION
Recommendation:
1. Approve plans and specifications for the Kimberly Avenue Sewer Reconnection Project.
2. Approve $294,000 budget transfer and Sewer Enterprise Funds (Fund 47) appropriation from Project 51419 Annual Sewer Replacement Project to Project 51031 Kimberly Avenue Sewer Reconnection Project (Fund 47).
3. Award $249,250 construction contract to Big Ben, Inc. for the Kimberly Avenue Sewer Reconnection Project through informal bid procedures 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 construction and professional engineering construction support services within the approved project budget.
Approved
12. POLICE DEPARTMENT PATROL VEHICLES PURCHASE
Recommendation:
Approve $281,926.88 purchase order for four Dodge Durango Pursuit Vehicles from National Auto Fleet Group.
Mayor Jung left the meeting at 7:38 p.m.
PUBLIC HEARINGS (Item 13)
Continued
13. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET (CONTINUED FROM OCTOBER 3, 2023 MEETING) Dunlap moved, seconded by Charles, to continue this item to November 7, 2023 at 5:30 p.m. in the Fullerton Council Chamber.
Motion carried 4 – 0 – 1 (Absent: Jung).
REGULAR BUSINESS (Items 14 ‑ 15)
Continued
14. PARK DWELLING FEE ALLOCATION AND PROXIMITY REQUIREMENTS FOR EXPENDITURE OF FUNDS The following addressed City Council:
Karen Lloreda spoke in support of Option 1.
Maureen Milton asked about Grisom Park and supported Option 1.
ZeeJay (no last name provided) supported the option that provided the most park land to Districts 4 and 5.
Woudarek (no last name provided) asked how the City can charge fees for public parks and about the constitutionality of this process.
Curt Johnston suggested using the fees to create new parks in proximity to the development.
Carime Calixto suggested using funds for the park closest to a development.
Unidentified speaker spoke in support of Option 3
Juana (no last name provided) supported Option 1 or 3.
Egleth Nuncci spoke in support of Option 1 or 3.
Curtis Gamble spoke in support of Option 1.
The following addressed City Council via Zoom:
Jane Reifer asked questions about trails, Brea Dam Funds and summary of the historical use of the funds.
Erik Wehn, Fullerton, spoke in support of Option 2.
Zahra moved, seconded by Dunlap, to continue this item to a November 2023 meeting.
Motion carried 4 – 0 – 1 (Absent: Jung).
Continued
15. KEY RESULTS OF COMMUNITY ISSUES SURVEY AND POSSIBLE ACTION ON CONTINUING COMMUNITY ENGAGEMENT ON CRITICAL FULLERTON PRIORITIES (Item taken out of agenda order) The following addressed City Council:
Karen Lloreda said she would have appreciated knowing that City Council wished to continue this item in advance.
Zeejay (no last name provided) asked for advance notice of this continuance.
Curtis Gamble supported continuing this item.
Unidentified speaker asked for Spanish assistance with the survey.
Woudarek (no last name provided) supported continuing this item.
Charles moved, seconded by Zahra, to continue this item.
Motion carried 4 – 0 – 1 (Absent: Jung).
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
7. STATE PER CAPITA GRANT FUNDS BUDGET TRANSFER
The following addressed City Council:
Curtis Gamble spoke about Pooch Park operations and Hunt Library funding.
Dunlap moved, seconded by Zahra to approve $266,093 budget transfer of state grant funds from CIP Project #54270 Fullerton Pooch Park Relocation to CIP Project #54039 Acacia Park Renovation.
Motion carried 4 – 0 – 1 (Absent: Jung).
Approved
9. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORP. FOR EMERGENCY BASIC LIFE SUPPORT AMBULANCE SERVICES The following addressed City Council:
Zeejay (no last name provided), Fullerton, asked why the City requires this item.
Maureen Milton asked if this company pays the money due to the City.
Curtis Gamble spoke in support of this item.
Dunlap moved, seconded by Zahra, to authorize City Manager, or designee, to execute and administer Amendment Number Six to the Professional Services Agreement with Falck Mobile Health Corp. and related documents, in a form approved by the City Attorney.
Motion carried 4 – 0 – 1 (Absent: Jung).
9:13 p.m.
ADJOURNMENT
Mayor Pro Tem / Vice Chair Whitaker adjourned the meeting at 9:13 p.m. _____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk