CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
DECEMBER 19, 2023 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:04 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 4:04 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung, Council / Agency Members Charles, Whitaker, 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 Dunlap recessed to Closed Session at 4:06 p.m.
CLOSED SESSION
1. PUBLIC EMPLOYMENT Per Government Code Section 54957(b)(1) Title: Chief of Police
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 2515 San Carlos Drive, Fullerton, CA 92831
Agency Negotiator: Deputy City Manager Daisy Perez
Negotiating Parties: Bridge Boxing Club
Under Negotiations: Price and Terms
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 1737 West Roberta Avenue, Fullerton, CA 92833 Agency Negotiator: Deputy City Manager Daisy Perez
Negotiating Parties: Higher Ground
Under Negotiations: Price and Terms
4. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA v. City of Fullerton
Case Number: OCSC 30‑2017‑00952643
5. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Divyakumar Arora v. Anaheim Police, et al.
Case Number: OCSC 30‑2023‑01358961
6. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership, Inc. v. City of Fullerton Case Number: OCSC 30‑2022‑01281840
7. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Destiny Forcone v. City of Fullerton
Case Number: OCSC 30‑2022‑01254741
8. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Anne Hamilton v. City of Fullerton, et al.
Case Number: OCSC 30‑2022‑01254996
9. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Langenbacher, et al. v. City of Fullerton, Fullerton P.D.
Case Number: OCSC 30‑2022‑01296035
10. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: A.R.L (Amber Leon) by and through her mother, Yakzeny Martinez and Yakzeny Martinez, Individually v. City of Fullerton, et al.
Case Number: FDC 8:21‑cv‑00929‑FWS (JDEx)
11. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Setsuko (Sutsuko) Mori v. City of Fullerton Case Number: OCSC 30‑2021‑01230299
12. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Jacob Poozhikala; JP23 Hospitality Co. Inc. v. City of Fullerton, et al.
Case Number: OCSC 30‑2021‑01234852
13. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Mari Ramirez, Chelsea Ramirez and Deja Ortiz v. City of Fullerton, Grant Morey Minor Client: City of Fullerton Case Number: OCSC 30‑2023‑01322104
14. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Elizabeth Herrera Ruiz v. City of Fullerton Case Number: OCSC 30‑2022‑01274613
15. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Magdalena Sanchez v. City of Fullerton
Case Number: OCSC 30‑2022‑01263620
16. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: William Serrano III v. City of Fullerton et al.
Case Number: OCSC 30‑2013‑01344859
17. 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
5:11 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:11 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
DECEMBER 19, 2023 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:32 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:32 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung, Council / Agency Members Charles, Whitaker, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Acting Police Chief Radus, Fire Chief Adam Loeser INVOCATION given by Associate Pastor Samuel Han, Grace Korean Church.
PLEDGE OF ALLEGIANCE led by Fire Chief Loeser.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
No Council Members pulled items from the Consent Calendar.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Diane Vena spoke about the Union Pacific Trail.
Damion Lloyd spoke in support of Mayor Dunlap.
Bernard (no last name provided) spoke about transparency.
Brian Low, Fullerton, spoke about the Union Pacific Trail.
Todd Harrison, Fullerton, spoke about the Union Pacific Trail.
Yolanda Harrison, Fullerton, spoke about District 5 representation.
Jan Flory spoke about the Union Pacific Trail.
Patricia Hanzo, Fullerton, spoke about City Council representation and the Union Pacific Park.
Anjali Tapadia spoke about the purpose of public comments.
Karen Lloreda spoke about policy making and motions.
Z (no last name provided) spoke about trash collection and Council conduct.
Kitty Jaramillo, Fullerton, spoke about green space.
Woudarek (no last name provided) spoke about Fullerton Police.
Tanya McCrary, Fullerton, spoke in support of Mayor Dunlap and spoke about council member and public conduct.
Unidentified resident spoke about council member conduct and the Union Pacific Trail.
David Goetz, Fullerton, spoke about the Mayor rotation.
Saskia Kennedy spoke in support of the Union Pacific Trail and about OCPA activities.
Molly McClanahan, Fullerton, spoke about democracy at the local level.
Curtis Gamble spoke about homeless issues.
Curt Johnston spoke about the downtown holiday lights and Mayor rotation.
Munish Bharadwaja spoke about conduct during public comments.
The following addressed City Council remotely:
Maureen Milton spoke about the Planning Commission and OC United.
Greg Sebourn spoke in support of Council Members.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comments.
Council Member Zahra asked about commissioners addressing City Council, reported on recent holiday events, spoke about kindness in government and wished all Merry Christmas and Happy New Year.
Council Member Whitaker reported on the Orange County Water District and Orange County Sanitation District.
Council Member Charles thanked Library Board Member Irene Strauss for her service.
Mayor Dunlap spoke about kindness in Fullerton, reported on the Leo Fender exhibit at the Fullerton Museum, congratulated Fullerton Police for stopping a robbery ring, spoke about little league signups and park maintenance, offered to help homeowners navigating the city permit process and invited the public to First Night.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 11)
Jung moved, seconded by Zahra, to approve all Consent Calendar Items.
Motion carried 5 – 0.
Approved
1. DECEMBER 5, 2023 MEETING MINUTES
Recommendation:
Approve December 5, 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. NOVEMBER 2023 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
4. FISCAL YEAR 2022‑23 DONATIONS RECEIVED AND USED
Recommendation:
Receive and file report.
Approved
5. AMENDMENT TWO TO AGREEMENT WITH ILLUMINATION FOUNDATION FOR HOMELESS SHELTER SERVICES Recommendation:
1. Direct City Manager to extend the agreement with Illumination Foundation for six months, ensuring 20 beds per night per existing agreement terms.
2. Authorize City Manager, or designee, to execute and administer Amendment Number Two to the American Rescue Plan Act Subrecipient Agreement with Illimitation Foundation, in a form approved by City Attorney.
3. Amend Purchase Order to include new six‑month agreement.
Adopted
6. CLASSIFICATION PLAN UPDATE FOR SENIOR CIVIL ENGINEER ‑ WATER, WATER PRODUCTION SUPERVISOR, WATER QUALITY SUPERVISOR, WATER QUALITY LEAD WORKER AND WATER SYSTEMS MANAGER POSITIONS Recommendation:
1. Approve revision to Fiscal Year 2023‑24 Public Works Personnel Summary to reflect the following:
Replace one Senior Civil Engineer with one Senior Civil Engineer ‑ Water Replace one Water Qualify Specialist with one Water Quality Supervisor Replace one Water Utility Services Lead Worker with one Water Quality Lead Worker.
2. Adopt Resolution No. 2023‑086.
RESOLUTION NO. 2023‑086 ‑ 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. 2023‑052 (FULLERTON MUNICIPAL EMPLOYEES FEDERATION) APPENDIX A AND RESOLUTION NO. 2023‑053 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A Approved
7. CITY PARTICIPATION IN STATE OF CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES PROGRAM FOR PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORT INTERGOVERNMENTAL TRANSFER Recommendation:
1. Authorize City Manager, or designee, to issue and execute $875,000 Purchase Order for City participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer program administered by the State of California Department of Health Care Services.
2. Approve $655,000 budget appropriation from available General Fund (Fund 10) fund balance to Fire Department Fire EMS Program (Subprogram 246).
Approved
8. FISCAL YEAR 2022‑23 DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT Recommendation:
Review and file “Parkland Acquisition and Park Facilities Development Impact Fee (Park Dwelling Fee) Annual Report Fiscal Year 2022‑23” and “Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2022‑23” compliance reports.
Adopted
9. FISCAL YEAR 2022‑23 MEASURE M2 EXPENDITURE REPORT
Recommendation:
Adopt Resolution No. 2023‑087.
RESOLUTION NO. 2023‑087 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE CITY OF FULLERTON MEASURE M2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Approved
10. PROFESSIONAL SERVICES AGREEMENTS WITH NORTHERN DIGITAL, INC., TETRA TECH AND WEST YOST FOR ON‑CALL SUPERVISORY CONTROL AND DATA ACQUISITION INTEGRATION SERVICES Recommendation:
1. Authorize City Manager, or designee, to execute Professional Services Agreements and future amendments with Northern Digital, Inc., Tetra Tech and West Yost, in a form approved by the City Attorney.
2. Authorize the Director of Administrative Services, or designee, to issue annual purchase orders to these firms, in an amount not to exceed $500,000, on an as‑needed basis.
Adopted
11. VALENCIA DRIVE CONNECTOR STREET NAME ASSIGNMENT
Recommendation:
Adopt Resolution No. 2023‑088.
RESOLUTION NO. 2023‑088 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ASSIGNING THE NAME OF THE ROADWAY SEGMENT BETWEEN SOUTH RAYMOND AVENUE AND EAST VALENCIA DRIVE AS EAST VALENCIA WAY PUBLIC HEARINGS (Item 12)
Continued
12. NOISE REGULATIONS AND STANDARDS MUNICIPAL CODE AMENDMENTS The following addressed City Council remotely:
Jane Reifer supported continuing this item.
Jung moved, seconded by Zahra, to continue this item to the February 6, 2024 City Council meeting at 5:30 p.m. in the Fullerton Council Chamber.
Motion carried 5 – 0.
Council Member Jung left the meeting at 7:03 p.m.
REGULAR BUSINESS (Items 13 ‑ 16)
No action
13. PROPOSED CHANGES TO RULES OF PROCEDURE ON CITY COUNCIL ADDING ITEMS TO AGENDA AND MAYOR / MAYOR PRO TEM SELECTION REVIEW AND POSSIBLE ACTION The following addressed City Council:
Diane Vena opposed three votes to reconsider an item previously voted on.
Bernard (no last name provided) spoke about past City Council actions.
Todd Harrison opposed three votes to reagendize a voted item.
Yolanda Harrison spoke about the Mayor rotation.
Patty Tutor, Fullerton, opposed three votes to reagendize a voted item.
Mayor Dunlap left the Council Chamber at 7:24 p.m.
Jason Phillips opposed the proposed policies.
Patricia Hanzo opposed the proposed policies.
Mayor Dunlap returned to the Council Chamber at 7:27 p.m.
Woudarek (no last name provided) opposed the proposed policies.
Anjali Tapadia opposed the proposed policies.
Karen Lloreda asked City Council to not act on this item at this meeting.
Kitty Jaramillo, Fullerton, asked about the timing of this item.
Gaston Castellanos, Democratic Party of Orange County, opposed the proposed policies.
Jan Flory reviewed practices to agendize items in other cities.
Jay Williams opposed the proposed policies.
Munish Bharadwaja spoke about inaccurate information, asked for a firm Mayor rotation policy and noted the proposed policy to reagendize an item is more lenient than current practice.
Marcy Fry asked City Council to make decisions in the best interest of the City.
Andre Charles, Fullerton, opposed the proposed policies.
James Cho, Fullerton, supported the voice of every member of the constituency.
Helen Higgins, Fullerton, opposed the proposed policies.
Z (no last name provided), Fullerton, opposed the proposed policies.
Jody Vallejo, Fullerton, spoke about the timing of this item.
Curtis Gamble opposed the proposed policies.
Curt Johnston spoke in support of the proposed policies.
Egleth Nuncci opposed the proposed policies.
Unidentified speaker suggested continuing this item.
The following addressed City Council remotely:
Greg Sebourn did not think the process to reagendize an item required a major policy change and supported camaraderie in the Mayor rotation policy.
Angela (no last name provided) opposed Zahra as mayor.
Matthew Leslie suggested continuing the reagendizing discussion and either set the Mayor rotation by ordinance or remove the policy.
Damion Lloyd supported the policy to reagendize a voted item.
No action taken.
Mayor Dunlap recessed the meeting at 8:44 p.m.
Mayor Dunlap reconvened the meeting at 8:55 p.m.
No action
14. 45‑DAY MORATORIUM ON CONVERSION AND / OR CHANGE OF EXISTING SENIOR RESTRICTED MOBILEHOME PARK The following addressed City Council:
Diane Vena spoke in support of this item.
Bernard (no last name provided), Fullerton, supported senior housing.
Susan James, Rancho Fullerton, spoke in opposition to this item.
Andrea West spoke in opposition to this item.
Vicky Talley, Manufactured Housing Educational Trust, spoke in opposition to this item.
Todd Harrison asked the City to help seniors.
Yolanda Harrison asked the City to help seniors.
Anjali Tapadia supported the moratorium.
Karen Lloreda supported the moratorium.
Saskia Kennedy supported the moratorium.
Curt Johnston spoke in opposition to the moratorium.
Egleth Nuncci supported the moratorium.
Curtis Gamble said the City should buy the Rancho La Paz park.
Z (no last name provided), Fullerton, supported the moratorium.
Ilse Miranda supported an all ages mobilehome park.
The following addressed City Council remotely:
Julie Paule, WMA, spoke in opposition to this item.
Jane Reifer supported preserving affordable housing.
Zahra requested, supported by Dunlap, to agendize an overview of the Tenant Based Rental Assistance Program.
Introduced
15. CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR PROTECTION The following addressed City Council:
Yolanda Harrison asked City Council to let the homeless camp on City property.
Todd Harrison expressed concern with scope creep.
Ilse Miranda spoke in support of this item.
Curt Johnston said the City should use an ordinance with discretion.
Curtis Gamble spoke in support of this item.
Z (no last name provided) supported continuing this item.
Doug Cox, Fullerton, spoke about available homeless services.
Andrew Lenihan, Fullerton, supported letting the police do their job.
The following addressed City Council remotely:
Jane Reifer asked about the definition of critical infrastructure and spoke about bus benches and shelters.
Jane Rands expressed concerns with the constitutionality of this item.
Whitaker moved, seconded by Charles, to:
1. Introduce Ordinance No. 3328 for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 3328 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS) SECTION 7.105.020 (CAMPING UNLAWFUL) AND ADDING CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE) ESTABLISHING REGULATIONS PROHIBITING THE PRESENCE OF PERSONS AND THEIR PERSONAL PROPERTY IN, ON OR NEAR CRITICAL INFRASTRUCTURE
2. Adopt Resolution No. 2023‑089.
RESOLUTION NO. 2023‑089 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA DESIGNATING SPECIFIED LOCATIONS AS CRITICAL INFRASTRUCTURE FOR PURPOSES OF FULLERTON MUNICIPAL CODE CHAPTER 7.108 PROTECTION OF CRITICAL INFRASTRUCTURE Motion carried 4 – 0 – 1 (Absent: Jung).
City Clerk Williams read the ordinance title.
Introduced
16. ADMINISTRATIVE CITATION FEE AMENDMENT TO UPDATE THE FEE SCHEDULE PREVIOUSLY SET BY RESOLUTION NO. 2019‑17 Zahra moved, seconded by Dunlap, to:
1. Introduce Ordinance No. 3329 for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 3329 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 1 CHAPTER 1.10 RELATING TO ADMINISTRATIVE CITATIONS
2. Adopt Resolution No. 2023‑090.
RESOLUTION NO. 2023‑090 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AMOUNTS FOR FINES IMPOSED FOR CODE VIOLATIONS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 1.10.050 Motion carried 4 – 0 – 1 (Absent: Jung).
City Clerk Williams read the ordinance title.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
11:37 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 11:37 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk