CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
November 7, 2023 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:02 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:02 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 PUBLIC COMMENTS ‑ Closed Session
The following addressed City Council remotely:
Jane Reifer asked about items pertaining to public sidewalks.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:04 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC Case No. 30‑2022‑01281840
2. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: Claim No. 3061581 filed by Commonwealth and Harbor, LLC
4. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: City of Fullerton v. Commonwealth and Harbor, LLC
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 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
6. 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
7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 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
8. 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
9. CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6 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 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
November 7, 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 Dunlap, Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION given by Pastor Mike Martinez, Agape Church OC.
PLEDGE OF ALLEGIANCE led by Council Member Council Member Zahra.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS
1. PROCLAMATION: Family Court Awareness Month
2. PRESENTATION: Groundswell Annual Report
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
Council Members pulled Consent Calendar Items 4 and 7.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Diane Vena supported a grant for the UP Park Trail.
Bernard (no last name provided) spoke about Council Member conduct.
Marilyn Harris announced an upcoming Veteran’s Day event.
Helen Higgins compared the UP Park Trail to the Tracks at Brea trail.
Todd Harrison, Fullerton, spoke in support of the UP Park Trail grant and other grant funding.
Yolanda Harrison, Fullerton, spoke about the public comment process.
Karen Lloreda spoke about Council Member comments and use of the City Seal.
Veronica Moran spoke about climate change, opposed more development and supported green space.
Woudarek (no last name provided) spoke about interactions with the police department.
Z (no last name provided) spoke about public notices, open space and the UP Trail.
Anjali Tapadia supported UP Trail grant funding and spoke about Council Member remarks.
Karime (no last time provided) spoke about the UP Trail grant funding.
Saskia (no last name provided), Fullerton, spoke in support of keeping trail funding.
Egleth Nuncci, Fullerton, asked questions about the UP Trail grant.
Curtis Gamble spoke about homeless issues.
Curt Johnston spoke about improvements throughout the City.
The following addressed City Council remotely:
Kayla Asato supported the UP trail, spoke about the Housing Element and suggested City Council adopt a resolution for Palestine solidarity Ryan Farsai invited the public to a Chevron grand opening event.
Maureen Milton thanked the City for the health resource fair and assistance on various issues.
Athar (no last name provided) supported the UP Trail and spoke about the railway specific plan .
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Zahra asked for clarification of the UP Park agenda item, asked, supported by Charles, for City Council discussion of the railway specific plan, asked for an update on Woodcrest neighborhood lights, spoke about co-hosting a health resource fair at Independence Park and thanked veterans for their service.
Council Member Charles wished the public a happy Diwali and Veteran’s Day, reported on a CSUF peace vigil, spoke about LGBTQ issues, the Korean cultural festival, CSUF safe parking, healing garden space, health insurance and uninsured minorities, asked to include commissioner use of the city seal with the annual Boards, Commissions and Committees Rules of Procedure review and asked, supported by Zahra, to discuss Koreatown and other community designations.
Council Member Dunlap reported on the OC United pumpkin run, Solidarity Dia de las Muertos event and congratulated Troy High School City and Division title championships.
Mayor Pro Tem Whitaker explained reasons for voting against the UP Trail grant.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 16)
Zahra moved, seconded by Dunlap, to approve Consent Calendar Items 1 through 3, 5, 6 and 8 through 16.
Motion carried 5 – 0 (Whitaker voted no on Item 6).
Approved
1. OCTOBER 17, 2023 MEETING MINUTES
Recommendation:
Approve October 17, 2023 City Council / Successor Agency Meeting Minutes.
Approved
2. JANUARY 2, 2024 CITY COUNCIL MEETING CANCELLATION
Recommendation:
Cancel January 2, 2024 City Council / Successor Agency Meeting.
Received and filed
3. TREASURER’S REPORT FOR QUARTER ENDED SEPTEMBER 30, 2023 Recommendation:
Receive and file.
Approved
5. PROFESSIONAL SERVICES AGREEMENT WITH EXECUTIVE EVENT SERVICES FOR SECURITY SERVICES AMENDMENT FOUR 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.
Approved
6. ASSIGNMENT OF THE PINES AT SUNRISE VILLAGE FROM SUNRISE VILLAGE OWNER, LLC TO LENNAR HOMES OF CALIFORNIA, LLC 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.
Adopted
8. DISABLED PERSON PARKING ZONE AT 2533 FLOWER AVENUE
Recommendation:
Adopt Resolution No. 2023‑074.
RESOLUTION NO. 2023‑074 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE AT 2533 FLOWER AVENUE Adopted
9. DISABLED PERSON PARKING ZONE AT 437 ‑ 443 WEST VALENCIA DRIVE Recommendation:
Adopt Resolution No. 2023‑075.
RESOLUTION NO. 2023‑075 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A DISABLED PERSON PARKING ZONE AT 437 ‑ 443 WEST VALENCIA DRIVE Adopted
10. TRANSPORTATION AND CIRCULATION COMMISSION RECOMMENDATION TO RESCIND THE EARLY MORNING PARKING RESTRICTION ON VALWOOD DRIVE Recommendation:
Adopt Resolution No. 2023‑076.
RESOLUTION NO. 2023‑076 ‑ 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 Approved
11. ADVANCE RESOURCES, LLC STAFF AUGMENTATION CHANGE ORDER NUMBER TWO FOR TEMPORARY MECHANIC SERVICES 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.
Approved
12. FIRE DEPARTMENT VEHICLES PURCHASE
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).
Adopted
13. PURCHASE ORDER WITH TETRA TECH FOR WELL 10 UPGRADES, WELLS 2 AND 10 REHABILITATION AND PIPELINE DESIGN SERVICES 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.
Adopted
14. CONTRACT WITH BEST DRILLING AND PUMP INCORPORATED FOR WELL 6 REHABILITATION PROJECT 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.
Approved
15. CONTRACT WITH CJ CONCRETE CONSTRUCTION, INC. FOR CURB AND GUTTER AND SIDEWALK PROJECT FISCAL YEAR 2022‑23 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 construction and professional engineering construction support services with the approved project budget.
Adopted
16. CLASSIFICATION PLAN UPDATE TO INCREASE THE MINIMUM WAGE Recommendation:
Adopt Resolution No. 2023‑077.
RESOLUTION NO. 2023‑077 ‑ 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)
Returned to Planning Commission
17. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND MAJOR SITE PLAN AT 312 NORTH EUCLID STREET (CONTINUED FROM OCTOBER 17, 2023 MEETING) The following addressed City Council:
Karen Lloreda supported returning this item to the Planning Commission and suggested City Council provide alternate uses to the application.
Susan Hartman asked the Planning Commission to hold a fair, complete and impartial analysis and asked the applicant to broaden the vision of the project.
Jane Rands asked City Council to direct the Planning Commission to answer unresolved questions from the public.
Curtis Gamble supported returning this item to the Planning Commission.
Jane Reifer spoke about CEQA issues and comments by the applicant.
The following addressed City Council remotely:
Matt Leslie spoke about the process for City Council voting.
Athar (no last name provided) spoke in opposition to a gas station at this location.
Jung moved, seconded by Dunlap, to return this item to the Planning Commission for further consideration.
Motion carried 5 – 0.
REGULAR BUSINESS (Items 18 ‑ 19)
Approved
18. 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) The following addressed City Council:
Karen Lloreda supported a ½ cent sales tax measure with a sunset date and listing the projects funded with the revenue.
Z (no last time provided) spoke about the need for economic development and an auto mall and opposed a tax measure.
Munish Bharadwaja, Fullerton, encouraged the City to be straightforward and transparent with any tax measure and include a sunset clause.
Curtis Gamble spoke in support of this item and funding for homeless issues.
Jung moved, seconded by Charles, to 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.
Motion carried 3 – 2 (No: Dunlap, Whitaker).
Adopted
19. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE OFFICERS’ ASSOCIATION POLICE SAFETY AND DISPATCHER UNITS The following addressed City Council:
Curtis Gamble suggested directing funds to housing.
Z (no last name provided), Fullerton, spoke in support of this item.
Jung moved, seconded by Zahra, to:
1. Adopt the following resolutions:
RESOLUTION NO. 2023‑078 ‑ 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. 2023‑079 ‑ 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.
Motion carried 4 – 1 (No: Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted
4. 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 The following addressed City Council:
Anjali Tapadia suggested hiring a transportation engineer instead of a traffic engineer.
Curtis Gamble spoke in support of this item.
Zahra moved, seconded by Jung, to adopt Resolution No. 2023‑073.
RESOLUTION NO. 2023‑073 ‑ 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 5 – 0.
Approved
7. FINAL MAP FOR TRACT NO. 19275 ‑ WEST COYOTE HILLS (2701 ROSECRANS AVENUE) The following addressed City Council:
Jeff Townsend asked about the subdivision map and future amendments oversight.
Z (no last name provided) asked about the approval process for documents related this item.
Curt Johnston said he would like to see a more comprehensive map.
The following addressed City Council remotely:
Angela Lindstrom asked about Neighborhood 4, the development agreement and the subdivision agreement.
Zahra moved, seconded by Charles, to:
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.
Motion carried 5 – 0.
9:27 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 9:27 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk