CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
November 21, 2023 – 5:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:01 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:01 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
None.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 5:02 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Mari Cielo Ramirez, Chelsea Guadalupe Ramirez and Deja Trinity Ortiz v. City of Fullerton and Grant Morey Miner Case Number: Orange County Superior Court Case No.: 30‑2023‑01322104‑CU‑PA‑CJC
2. PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1) Title: Chief of Police
5:24 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:24 p.m.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
November 21, 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, Acting Police Chief Jonathan Radus, Fire Division Chief Michael Meacham INVOCATION given by Pastor Jay Wu, One Life City Church.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
None
EX PARTE COMMUNICATIONS REPORT
Council Member Zahra reported meeting with the Fullerton Police Officers Association and Fullerton Firefighters Association.
PRESENTATIONS
None.
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
Council Members removed Consent Calendar Items 5 and 8.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Anjali Tapadia talked about pedestrian deaths and spoke in favor of the Union Pacific Trail.
Maureen Milton spoke about a Sister City display at the Fullerton Library.
Diane Vena spoke in support of the Union Pacific Trail.
Helen Higgins spoke in support of the Union Pacific Trail.
Bernard (no last name provided) spoke about Council Member conduct and pedestrian fatalities.
Marilyn Harris thanked staff for their assistance with the Veteran’s Day event.
Yolanda Harrison, Fullerton, spoke about free speech.
Todd Harrison, Fullerton, spoke in support of the Union Pacific Trail.
Zee (no last name provided) spoke about the Union Pacific Trail, author Jane Jacobs and auto malls.
Guiliana Nuncci spoke in support of Union Pacific Trail.
Blanca Hernandez spoke in support of the Union Pacific Trail.
Geraldine McNenny spoke in support of the Union Pacific Trail.
Gayle Blume, Fullerton, spoke in support of the Union Pacific Trail.
Saskia Kennedy, Fullerton, spoke in support of the Union Pacific Trail.
Veronica Moran, Fullerton, spoke in support of the Union Pacific Trail.
Carime Calixto spoke in support of the Union Pacific Trail.
Egleth Nuncci spoke in support of the Union Pacific Trail.
Karla Aguayo spoke in support of the Union Pacific Trail.
Dallay (no last name provided) spoke in support of the Union Pacific Trail.
Ignacio (no last name provided) spoke in support of the Union Pacific Trail.
Alma (no last name provided) spoke in support of the Union Pacific Trail.
Curtis Gamble spoke about homeless issues.
Curt Johnston spoke about street safety, streetlights and unsafe trees.
Blanca Hernandez spoke in support of the Union Pacific Trail.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comment.
Council Member Charles spoke about the Flip the Switch event, tree and menorah lighting ceremony, crosswalk improvements, Parks and Recreation Commission meetings and Fullerton Community Foundation, encouraged the public to shop locally, requested, supported by Whitaker, to agendize a discussion to allow City Council to weigh in on items that go to commissions, requested, supported by Zahra, to agendize a gun storage safety ordinance discussion, sent well wishes to LAPD officers injured on the 57 freeway, sent condolences to former Council Member Pam Keller on the passing of her husband and announced she would not hold office hours this week due to the Thanksgiving holiday.
Council Member Dunlap thanked the public for their comments, congratulated the UCLA football homecoming game victory and wished all a Happy Thanksgiving.
Council Member Zahra thanked the public for their comments and encouraged public participation, spoke about a Veterans Day event, rules of procedure, a road safety study session, park dwelling fees, Hunt Library, upcoming Fullerton Museum flea market and Sunrise Rotary park clean up, sent condolences to former Council Member Pam Keller on the passing of her husband, requested, supported by Charles, to agendize the UP Trail at the December 5, 2023 meeting, requested, supported by Charles, to agendize a discussion of options for micromobility and clean energy bus routes and wished all a Happy Thanksgiving.
Mayor Pro Tem Whitaker asked about street issues on Orangethorpe Avenue and spoke about remarks made during public comments.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 14)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13 and 14.
Motion carried 5 – 0 (Dunlap, Whitaker voted no Item 13).
Approved
1. NOVEMBER 7, 2023 MEETING MINUTES
Recommendation:
Approve November 7, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
3. OCTOBER 2023 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
4. FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2023‑24 Recommendation:
Receive and file.
Adopted
6. FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FUNDING CERTIFICATION AND COMMITMENT Recommendation:
Adopt Resolution No. 2023‑080.
RESOLUTION NO. 2023‑080 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, CERTIFYING THAT THE CITY OF FULLERTON HAS THE RESOURCES TO FUND THE PROJECTS IN THE FEDERAL FISCAL YEARS 2024‑25 THROUGH 2029‑30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM Approved
7. 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ACCEPTANCE FOR LAW ENFORCEMENT EXPENSES Recommendation:
1. Approve Memorandum of Understanding (MOU) accepting the 2023 Justice Assistance Grant and authorize City Manager, or designee, to execute the MOU.
2. Appropriate receipt and use of $27,925 2023 Justice Assistance Grant allocation to the Police Department budget within Grant Fund (Fund 32).
Adopted
9. CLEAN CALIFORNIA TRANSIT INITIATIVE PROGRAM GRANT AWARD AGREEMENTS AND BUDGET APPROPRIATION FOR FULLERTON TRANSIT STATION ENHANCEMENT PROJECT Recommendation:
1. Adopt Resolution No. 2023‑082.
RESOLUTION NO. 2023‑082 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING A REPRESENTATIVE TO SIGN AND EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF FULLERTON TRANSIT STATION ENHANCEMENT PROJECT
2. Authorize City Manager to execute agreements for services, supplies and materials as necessary in the amounts needed and in an expeditious manner to fulfill grant requirements and ensure all deliverables are completed by December 2024.
3. Appropriate receipt and use of $799,000 grant award from the Clean California Transit program in Capital Projects Fund (Fund 74).
Approved
10. THIRD AMENDMENT TO LEASE AGREEMENT WITH CALVARY CHAPEL OPEN DOOR FOR A LEASE RATE REDUCTION Recommendation:
1. Approve third amendment to lease agreement with Calvary Chapel Open Door to reduce lease rates by 20% for the remaining lease term for the operation of a church parking lot at City‑owned real property Assessor Parcel Number 271‑082‑26 (Main Plant).
2. Authorize City Manager to execute lease agreements on behalf of the City of Fullerton, in a form approved by the City Attorney.
Approved
11. CONTRACT EXTENSION WITH PUBLIC TRUST ADVISORS, LLC FOR INVESTMENT ADVISORY SERVICES Recommendation:
Approve sixth amendment to agreement between the City of Fullerton and Public Trust Advisors, LLC for investment advisory services and authorize Director of Administrative Services / City Treasurer to execute and administer agreement, in a form approved by the City Attorney.
Approved
12. AGREEMENT WITH ZERO FOODPRINT FOR SENATE BILL 1383 COMPOST CREDIT PROCUREMENT Recommendation:
1. Authorize Administrative Services Director, or designee, to award a $40,756.80 purchase order to Zero Foodprint.
2. Authorize City Manager, or designee, to execute and administer agreements and related documentation necessary to procure Senate Bill 1383 credit for 1,940.80 tons of compost use.
Approved
13. AGREEMENT WITH THE LEW EDWARDS GROUP FOR ENGAGEMENT AND COMMUNICATIONS OUTREACH SERVICES Recommendation:
Authorize City Manager to execute agreement with The Lew Edwards Group not to exceed $58,500 for engagement and communications outreach services from November 21, 2023 to July 31, 2024, in a form approved by the City Attorney.
Approved
14. COOPERATIVE AGREEMENT WITH CITY OF LA HABRA FOR HARBOR BOULEVARD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT Recommendation:
Authorize Public Works Director, or designee, to enter into a cooperative agreement with the City of La Habra for the Harbor Boulevard Regional Traffic Signal Synchronization Program Project.
PUBLIC HEARINGS (Item 15)
Continued
15. FULLERTON MUNICIPAL CODE NOISE STANDARDS AND REGULATIONS AMENDMENTS Jung moved, seconded by Whitaker, to continue the Public Hearing to December 19, 2023 at 5:30 p.m. in the Fullerton Council Chamber.
Motion carried 5 – 0.
REGULAR BUSINESS (Items 16 ‑ 20)
Approved
16. PROFESSIONAL SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORP. FOR EMERGENCY BASIC LIFE SUPPORT AMBULANCE SERVICES Mayor Jung recused himself from this item due to a potential campaign donation conflict and left the Council Chambers at 7:21 p.m.
The following addressed City Council:
Zee (no last name provided) spoke in support of this item and asked questions about paramedic services and fees.
Jane Rands asked about the costs of this agreement for residents.
Curtis Gamble spoke in support of this item.
Zahra moved, seconded by Dunlap, to:
1. Authorize City Manager, or designee, to execute and administer a Professional Services Agreement with Falck Mobile Health Corp., related documents and options to renew, including expansion of Emergency Basic Life Support Ambulance Services on July 1, 2024, in a form approved by the City Attorney.
2. Approve $191,340 budget appropriation from available General Fund (Fund 10) fund balance to Fire Department Fire EMS Program (Subprogram 246).
Motion carried 4 – 0 – 1 (Recused: Jung).
Mayor Jung returned to Council Chambers at 7:52 p.m.
Received and filed
17. RAIL DISTRICT SPECIFIC PLAN UPDATE
Zahra requested, supported by Whitaker, to bring this item back for a more detailed discussion.
The following addressed City Council:
Anjali Tapadia spoke in support of this project.
Curtis Gamble spoke in support of this item.
Curt Johnston asked about incorporating this plan into Independence Park.
The following addressed City Council remotely:
Matthew Leslie spoke in opposition to this plan and supported adding retail.
Received and filed by order of the Mayor.
Received and filed
18. SERIES STREET LIGHT AND PILOT STREETLIGHT PROJECTS UPDATE The following addressed City Council:
Curtis Gamble spoke in support of this item.
Curt Johnston preferred amber lighting over sodium lights.
Bernard (no last name provided) spoke about the street light maintenance.
Received and filed by order of the Mayor.
Approved
19. UNION PACIFIC PARK DESIGN
The following addressed City Council:
Diane Vena opposed using UP Trail grant funds for this project.
Anjali Tapadia spoke in support of this project.
Zee (no last name provided), Fullerton, supported this plan but opposed using UP Trail funding.
Jane Rands spoke about criminal activity at the park site and park security.
Curt Johnston spoke about the park design.
Curtis Gamble spoke in support of this item.
The following addressed City Council remotely:
Jane Reifer spoke about high-speed rail.
Kent Morris, Fullerton, spoke about bicycle trails and the UP Trail grant.
Charles moved, seconded by Zahra, to approve the proposed design for Union Pacific Park and direct staff to investigate adding a water feature and all-inclusive playground equipment.
Motion carried 4 – 0 – 1 (Abstain: Whitaker).
Adopted
20. TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION The following addressed City Council:
Curtis Gamble spoke in support of this item.
Bernard (no last name provided) spoke in support of this item.
Jung moved, seconded by Zahra, to:
1. Adopt Resolution No. 2023‑083.
RESOLUTION NO. 2023‑083 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON POLICE MANAGEMENT ASSOCIATION
2. Approve a $163,187 budget appropriation from the General Fund (Fund 10) unassigned fund balance to Police Department budget for Fiscal Year 2023‑24.
Motion carried 4 – 0 – 1 (No: Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR
Direction provided
5. OPIOID LITIGATION SETTLEMENT FUNDS DISTRIBUTION (taken out of agenda order) The following addressed City Council:
Curtis Gamble spoke in support of this item.
Dunlap moved, seconded by Zahra, to have the City receive annual abatement funds directly in 2024.
Motion carried 5 – 0.
Approved
8. ROUND TWO OUTDOOR EQUITY GRANTS PROGRAM APPLICATION
The following addressed City Council:
Curt Johnston provided suggestion for this project.
Curtis Gamble spoke in support of this item.
Zahra moved, seconded by Charles, to:
1. Adopt Resolution No. 2023‑081.
RESOLUTION NO. 2023‑081 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS APPLICATION
2. Authorize City Manager to execute and administer all grant‑related documents.
3. Accept and appropriate receipt and use of Outdoor Equity Grants Program funds as awarded and upon receipt of grant award.
Motion carried 5 – 0.
9:39 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at in memory of Ed Paul at 9:39 p.m. _____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk