CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
DECEMBER 5, 2023 - 4:30 P.M.
Council Chamber
CALIFORNIA
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 Dunlap, Charles
(via teleconference), Zahra (arrived 4:40 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
Council Member Charles requested City Council approve her remote participation under AB 2449 emergency provisions.
Request granted by City Council concurrence.
PUBLIC COMMENTS - Closed Session
None.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:34 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d) (1)
Name of Case: Estate of Noah Weatherly v. City of Fullerton Case Number: OCSC 30-2018-01037224
PUBLIC EMPLOYEE APPOINTMENT Per Government Code
Section 54957(b)(1)
Title: Chief of Police
Fullerton City Council | Successor Agency Minutes
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3. 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
5:21 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:21 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
Fullerton City Council | Successor Agency Minutes
December 5, 2023 - Page 2
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY / HOUSING
AUTHORITY / PUBLIC FINANCING AUTHORITY
REGULAR SESSION MINUTES
CALIFORNIA DECEMBER 5, 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
(via teleconference), 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 Chief Adam Loeser, Deputy City
Manager Daisy Perez
INVOCATION given by Reverend Dr. Paula Ferris, Fullerton First United Methodist Church.
PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Council Member Zahra reported he met with the Fullerton Police Officers Association.
PRESENTATIONS
None.
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ITEMS REMOVED FROM CONSENT CALENDAR
ANNOUNCEMENT
No items removed from the Consent Calendar.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Craig Sheets spoke about chemical trails, weapons and meth labs. • Bernard (no last name provided) spoke about Council Member remarks and public comments.
• Yolanda Harrison spoke about free speech.
• Todd Harrison, Fullerton, spoke about recalls, East Valencia Drive and speaker times.
• Z (no last name provided), Fullerton, spoke about trash collection refunds, grants, infrastructure and open space
• Saskia (no last name provided) spoke about trash collection refunds and grants.
• Chase McFarland, Fullerton High School, announced an upcoming Winter Sing event.
• Anjali Tapadia spoke about a bicycle collision and asked for better detours around construction zones.
• Kitty (no last name provided) spoke about public comments, recusals and Council Member remarks.
• Curtis Gamble spoke about homeless issues.
• Unidentified speaker read a quote about giving back.
• Veronica Moran, Fullerton, spoke about people that create good community and public participation.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during Public Comment.
Council Member Charles spoke about vaccinations, thanked those that put on the tree and menorah lighting ceremony and wished Happy Hannukah and other December holidays to all.
Council Member Dunlap wished all a Happy St. Nicholas Day, spoke about Acacia Park reopening and reported on an upcoming Fullerton Fullerton City Council | Successor Agency Minutes
December 5, 2023 - Page 4
Museum exhibit.
Zahra spoke about upcoming events at the Fullerton Museum, reported on the Winter Market, wished a speedy recovery to Joel Maus and asked to discuss quidelines for construction zone and traffic safety Council Member Whitaker asked for a financial report on downtown parking.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 4)
Dunlap moved, seconded by Zahra, to approve all Consent Calendar Items.
Motion carried 5 - 0.
Approved 1. NOVEMBER 21, 2023 MEETING MINUTES
Recommendation:
Approve November 21, 2023 City Council / Successor Agency Meeting Minutes.
Adopted CLASSIFICATION PLAN UPDATE FOR HUMAN RESOURCES
/ RISK MANAGEMENT ANALYST SERIES (LIMITED TERM /
AT-WILL) AND LIBRARY TECHNOLOGY ASSISTANT
Recommendation
1. Approve revision to Fiscal Year (FY) 2023-24 Human
Resources Personnel summary to increase budgeted full-time equivalent positions from 11 to 12 to reflect addition of a Limited Term / At-Will Human Resources / Risk Management Analyst II.
2. Approve $41,000 budget appropriation from General Fund (Fund 10) unassigned fund balance to Human Resources
department budget for FY 2023-24.
3. Adopt Resolution No. 2023-084.
RESOLUTION NO. 2023-084 - A RESOLUTION OF THE
CALIFORNA, AD. CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ADOPTING, UPDATING AND DELETING
CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL
CLASSIFICATION PLAN AND AMENDING RESOLUTION
NO. 2023-052 (FULLERTON MUNICIPAL EMPLOYEES
FEDERATION) APPENDIX A AND RESOLUTION NO.
2023-064 (RELATING TO COMPENSATION FOR
CONFIDENTIAL / NONREPRESENTED EMPLOYEES)
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APPENDIX A
Adopted SECOND BUILDING FORWARD GRANT
IMPROVEMENTS TO THE FULLERTON PUBLIC LIBRARY
MAIN BRANCH
Recommendation:
1. Adopt Resolution No. 2023-085.
RESOLUTION NO. 2023-085 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING GRANT APPLICATION,
ACCEPTANCE AND EXECUTION OF GRANT FUNDS FROM
THE STATE OF CALIFORNIA BUDGET ACT OF 2022 (AB
178) OR THE STATE OF CALIFORNIA BUDGET ACT OF
2023 (SB 101)
2. Appropriate $778,055 Building Forward State Grant funds and $389,027 budget transfer of matching donation funds from the Library Fund (Fund 13) to Project 55062 Main Library Bullding Forward Improvements in the Capital Projects Fund (Fund 74).
Approved PROFESSIONAL SERVICES AGREEMENT WITH HF&H
CONSULTANTS, LLC FOR SENATE BILL 1383 CONTRACT
ASSISTANCE
Recommendation:
Approve Professional Services Agreement with HF&H
Consultants, LLC, effective January 1, 2024 through December 31, 2024, in a form approved by the City Attorney, and authorize the City Manager, or designee, to enter up to two additional one-year extension options.
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 5 - 6)
Continued UNION PACIFIC TRAIL PHASE TWO RECONSIDERATION The following addressed City Council:
• Todd Harrison asked if any reason exists to continue this item until January 2024.
• Saskia (no last name provided) spoke in support of keeping the money.
• Yolanda Harrison asked to let the people speak.
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• Unidentified speaker spoke in support of a trail.
• Unidentified speaker opposed postponing this item.
• Kitty (no last name provided), Fullerton, opposed continuing this item.
• Anjali Tapadia asked City Council to vote on this project at this meeting.
• Unidentified speaker spoke in support of a trail.
• Veronica Moran, Fullerton, supported this project.
• Egleth Nuncci opposed continuing this item.
• Unidentified speaker opposed continuing this item.
• Unidentified speaker opposed continuing this item.
• Unidentified speaker opposed continuing this item.
• Steven Sherry, Fullerton, spoke in support of this project. • Bernard (no last name provided) supported using grant funds as originally intended.
• Z (no last name provided), Fullerton, supported the
continuance if staff will have new information to provide after meeting with state representatives.
• Curtis Gamble opposed continuing this item.
The following addressed City Council remotely:
• lan Parker opposed continuing this item.
• Maureen Milton asked City Council to explain the reason for continuing this item.
• Unidentified speaker asked how High Speed Rail would affect this project
Whitaker moved, seconded by Dunlap, to continue this item to January 16, 2024.
Motion carried 3 - 2 (Opposed: Charles, Zahra).
Appointments made MAYOR / CHAIR AND MAYOR PRO TEM / VICE CHAIR
APPOINTMENT
The following addressed City Council:
• Diane Vena supported following the rotation policy.
• Bernard (no last name provided) asked to agendize a formal mayoral rotation discussion.
• Todd Harrison supported following the rotation policy.
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• Yolanda Harrison spoke in support of Council Member Zahra. • Jan Flory, Fullerton, supported Council Member Zahra for Mayor.
• Gretchen Cox, Fullerton, supported Council Member Zahra. • Tim Johnson supported standing up to bullying.
• Karen Lloreda supported nominating council members that earned the right to serve as Mayor and Mayor Pro Tem.
• Unidentified speaker supported Council Member Zahra.
• Unidentified speaker asked City Council to respect District 5 in the Mayor and Mayor Pro Tem rotation.
• Egleth Nuncci spoke in support of Council Member Zahra for Mayor.
• Anjali Tapadia supported following the Mayor rotation policy. • Z (no last name provided) supported following the Mayor rotation policy.
• Vince Buck supported collegiality in the Mayor rotation. • Curtis Gamble supported following the Mayor rotation policy. • Kitty (no last name provided) supported following the Mayor rotation policy.
The following addressed City Council remotely:
• Adrian Louis supported Mayor Pro Tem Whitaker as Mayor and Council Member Zahra as Mayor Pro Tem.
Mayor Jung nominated Council Member Dunlap for Mayor.
Council Member Charles nominated Council Member Zahra for Mayor.
Jung moved, seconded by Charles, to close nominations.
Motion carried 5 - 0.
Dunlap received the following majority vote for Mayor:
In favor of Dunlap: Dunlap, Jung, Whitaker
In favor of Zahra: Charles, Zahra.
Council Member Charles nominated Council Member Zahra for Mayor Pro Tem.
Council Member Whitaker nominated Council Member Jung as Mayor Pro Tem.
Jung moved, seconded by Dunlap, to close nominations.
Motion carried 4 - 1 (Opposed: Charles).
Jung received the following majority vote for Mayor Pro Tem:
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In favor of Jung: Dunlap, Jung, Whitaker
In favor of Zahra: Charles, Zahra.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
8:01 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 8:01 p.m. in memory of his grandparents.
Lucinda Williams, MMC
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December 5, 2023 - Page 9