CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
January 16, 2024 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:30 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 4:30 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 Whitaker moved, seconded by Zahra, to add the following item to the Closed Session agenda as the need to act on the item arose after posting the agenda and requires action before the next regular City Council meeting:
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) Motion carried 5 – 0.
PUBLIC COMMENTS ‑ Closed Session
None.
RECESS TO CLOSED SESSION
Mayor / Chair Dunlap recessed to Closed Session at 4:32 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
2. 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 Property: 2701 Nutwood Avenue, Fullerton, CA 92831
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trustees of the California State University, Marriott Under Negotiations: Price and Terms
4. PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1) Title: Chief of Police
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Per Government Code Section 54957(b)(1) Title: City Manager
5:14 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:14 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JANUARY 16, 2024 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:30 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:30 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, Deputy City Manager Daisy Perez, Interim Police Chief Jonathan Radus, Battalion Chief Michael Meacham, Public Works Director Stephen Bise INVOCATION given by Pastor Jennifer Garcia, First Lutheran Church – Fullerton.
PLEDGE OF ALLEGIANCE led by Interim Police Chief Radus.
CLOSED SESSION REPORT
None
EX PARTE COMMUNICATIONS REPORT
None
Presented
PRESENTATIONS
1. PROCLAMATION: Korean American Day
2. CERTIFICATE: Adopt‑A‑Park
3. CERTIFICATE: Orange County Register Tennis Player of the Year
4. CERTIFICATE: Life Saving Incident Recognition
5. CERTIFICATE: Ann Gread, Fullerton Heritage
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
Council Members removed Consent Calendar Item 13.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Bernard (no last name provided) spoke about Council Member conduct.
Todd Harrison, Fullerton, spoke about Rancho La Paz ownership.
Karen Lloreda, Fullerton, spoke about City Council Rules of Procedure and the budget calendar.
Mitch Kopczyk, Republic Services, spoke about waste management activities in Fullerton.
Z (no last name provided) spoke about refunds for unfulfilled trash services Patricia Hanzo spoke about housing and zoning issues.
Curtis Gamble spoke about homeless issues.
Yolanda Harrison, Fullerton, spoke about pedestrian safety and Rancho La Paz issues.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comments.
Council Member Zahra supported a public budget process and spoke about apartment building recycling bins, a homeless prevention and stabilization program and housing issues.
Council Member Whitaker asked for the downtown parking program total gross and net revenues.
Council Member Charles thanked staff for the First Night event, spoke about the City Manager newsletter, National Racial Healing Day, a county cold weather shelter, the Point in Time count, suicide prevention, upcoming community meetings and CSUF faculty strike, sent condolences to the Jonah Edwards family, tabled her request for a gun safety ordinance and asked to review newly enacted state gun safety laws.
Mayor Dunlap spoke about First Night, girls flag football and City Council recognitions.
APPOINTMENTS (Items 1 ‑ 2)
Appointed
1. CITY REPRESENTATION ‑ REGIONAL ADVISORY BODIES AND WORKGROUPS Jung moved, seconded by Whitaker, to nominate Council Member Charles as the Orange County Vector Control Board representative for a four-year term.
Motion carried 5 – 0.
Charles moved, seconded by Jung, to nominate Mayor Pro Tem Jung as the alternate to the Orange County Vector Control Board for a two-year term.
Motion carried 5 – 0.
Jung moved, seconded by Charles, to nominate Mayor Dunlap as the Investment Advisory Committee Primary Member and Mayor Pro Tem Jung as the Alternate Member.
Motion carried 5 – 0.
Appointed
2. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Dunlap moved, seconded by Zahra, to ratify the following committee appointments:
Mayor Dunlap appointed Tanya McCrory (Planchon) to the Community Development Citizens’ Committee for an unexpired term ending December 31, 2024.
Mayor Pro Tem Jung appointed Sueling Chen to the Library Board of Directors for a term ending December 31, 2026.
Council Member Charles appointed Jennifer Sarvas to the Library Board of Directors for a term ending December 31, 2026.
Council Member Zahra appointed Jozef Maldonado to the Parks and Recreation Commission for an unexpired term ending December 31, 2026.
Motion carried 5 – 0.
CONSENT CALENDAR (Items 1 ‑ 14)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 through 12 and 14.
Motion carried 5 – 0.
Approved
1. DECEMBER 19, 2023 MEETING MINUTES
Recommendation:
Approve December 19, 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. DECEMBER 2023 CHECK REGISTER
Recommendation:
Receive and file.
Adopted
4. ADMINISTRATIVE CITATION FEE AMENDMENT ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3329.
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 Adopted
5. CRITICAL INFRASTRUCTURE DESIGNATION AND REGULATIONS FOR PROTECTION ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3328.
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 Received and filed
6. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023 Recommendation:
Receive and file.
Adopted
7. RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2024‑25 AND ADMINISTRATIVE BUDGET ALLOWANCE PER ASSEMBLY BILL 1X26 AND 1484 AND SENATE BILL 107 Recommendation:
Adopt Resolution No. SA 2024‑01.
RESOLUTION SA 2024‑01 ‑ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2023‑24 AND ADMINISTRATIVE BUDGET ALLOWANCE (PERIOD COVERING JULY 1, 2024 ‑ JUNE 30, 2025) Received and filed
8. FISCAL YEAR 2024‑25 BUDGET PROCESS OVERVIEW
Recommendation:
Receive and file.
Received and filed
9. LEMON PARK MAPLE CENTER UPDATE
Recommendation:
Receive and file.
Received and filed
10. CITY COUNCIL MEETING RULES OF PROCEDURE AND DECORUM ANNUAL REVIEW Recommendation:
Provide staff direction for changes to the resolution, otherwise, receive and file.
Adopted
11. BOARD, COMMISSION AND COMMITTEE RULES OF PROCEDURE AND DECORUM ANNUAL REVIEW Recommendation:
Adopt Resolution No. 2024‑001.
RESOLUTION NO. 2024‑001 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE AND DECORUM FOR BOARD, COMMISSION AND COMMITTEE MEETINGS AND REPEALING RESOLUTION NO. 2022‑069 Approved
12. CELLULAR TOWER LEASE AMENDMENT WITH VB RUN, LLC FOR CITY OWNED REAL PROPERTY AT 2100 NORTH GILBERT STREET Recommendation:
1. Approve amendment number two to lease agreement with VB Run, LLC for continued operation and maintenance of Telecommunication Facilities located at 2100 North Gilbert Street with a commencement date determined on final Building Permit.
2. Authorize City Manager to execute lease agreements on behalf of the City of Fullerton, in a form approved by the City Attorney.
3. Authorize purchase of Clock Tower fixture for $1.00.
Approved
14. MAINTENANCE SERVICES AGREEMENT AMENDMENT NUMBER ONE WITH GRAFFITI PROTECTIVE COATINGS, INC. FOR GRAFFITI REMOVAL SERVICES Recommendation:
1. Approve Amendment Number One to Maintenance Services Agreement to expand the scope of service with Graffiti Protective Coatings, Inc. (GPC) and extend agreement for up to three additional one‑year terms for graffiti removal services and authorize City Manager, or designee, to execute and administer the amendment, in a form approved by the City Attorney.
2. Approve $216,000 budget appropriation from General Fund (Fund 10) unassigned fund balance to Public Works Street Program (Program 2419).
3. Authorize City Manager to extend Maintenance Services Agreement with GPC for up to three additional one‑year terms.
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 15 ‑ 17)
Direction provided
15. UNION PACIFIC TRAIL PHASE TWO UPDATED PROPOSAL
The following addressed City Council:
Bernard (no last name provided) supported using the grant funding and spoke about bicycle infrastructure.
Todd Harrison supported Option 1.
Yolanda Harrison supported a trail.
Karen Lloreda supported Option 1 with minor changes.
Diane Vena supported the staff proposal.
David Goetz, Fullerton, supported Plan 1.
Kyle (no last name provided), Fullerton, supported open space.
Patricia Hanzo supported Option 1.
Veronica Moran supported Option 1.
Mari Ramirez supported Option 1.
Alma Chavez supported Option 1.
Karla Arroyo supported Option 1.
Juliana Nuncci supported Option 1.
Martha (no last name provided) supported Option 1.
Anjali Tapadia supported Option 1 as a trail only with no outdoor dining.
Woudarek (no last name provided) spoke in support of the trail and environmental issues.
Saskia (no last name provided), Fullerton, supported the path.
Z (no last name provided), Fullerton, supported a trail.
Karime (no last name provided) supported a trail.
Egleth Nuncci, Fullerton, supported Option 1.
Chris Percy, Fullerton, supported a trail project.
Helen Higgins, Fullerton, supported Option 1.
Vince Buck supported Option 1 with some modification.
Curtis Gamble supported this item.
Joseph (no last name provided), Fullerton, supported Option 1.
Kitty Jaramillo, Fullerton, supported Option 1.
Robin Woolsey supported Option 1.
The following addressed City Council remotely:
Ian Parker, Fullerton, supported Option 1.
Maureen Milton supported Option 1.
Ray Gibson, Fullerton, supported Option 1.
Kent Morris, Fullerton, supported Option 1.
Zahra moved, seconded by Charles, to direct the City Manager to proceed with the updated Union Pacific Trail Phase Two concept (presented on January 16, 2024) and appropriate $330,000 from Park Dwelling (Fund 39) fund balance to Project 54260 Union Pacific Trail Phase Two Project in Capital Projects Fund (Fund 74).
Motion carried 5 – 0.
Direction provided
16. PARK DWELLING FEE ALLOCATION AND PROXIMITY REQUIREMENTS FOR FUND EXPENDITURE The following addressed City Council:
Todd Harrison supported allocating funds near impacted neighborhoods.
Yolanda Harrison supported equitable allocation of park funding.
Karen Lloreda asked if the City could use funds for land acquisition and supported the intent of the fees.
Helen Higgins supported Options 2 and 3.
Curtis Gamble supported serving each district properly.
Z (no last name provided) supported Option 3.
The following addressed City Council remotely:
Erik Wehn did not support changing the allocation process noting children play on sports fields throughout the City.
Jung moved, seconded by Dunlap, to make no changes to the Park Dwelling Fee ordinance to allow the use of funds throughout the City.
Motion carried 3 – 1 – 1 (Opposed: Zahra, Abstain: Charles).
Adopted
17. CHIEF OF POLICE EMPLOYMENT AGREEMENT
The following addressed City Council:
Bernard (no last name provided) supported Chief Radus.
Woudarek (no last name provided) spoke about the proposed salary for this position.
Z (no last name provided) asked about executive paid leave days.
Karime (no last name provided) supported this item.
Veronica Moran, Fullerton, supported this item.
Unidentified speaker, Garden Grove, supported this item.
Egleth Nuncci supported this item.
Alma Chavez, Fullerton, supported this item.
Curtis Gamble supported this item.
Jung moved, seconded by Zahra, to:
1. Authorize Mayor to execute an Employment Agreement appointing Jonathan Radus as Chief of Police effective January 16, 2024 and setting forth terms and conditions of employment.
2. Adopt Resolution No. 2024‑002.
RESOLUTION NO. 2024‑002 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A SALARY SCHEDULE FOR CITY COUNCIL APPOINTED POSITIONS IN ACCORDANCE WITH REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 Motion carried 5 – 0.
ITEMS REMOVED FROM CONSENT CALENDAR.
Approved
13. HUNT LIBRARY REVITALIZATION PROJECT PHASE FIVE SITE IMPROVEMENTS PROJECT The following addressed City Council
Karen Lloreda objected to moving ADA funding.
Curtis Gamble supported this item.
Charles moved, seconded by Zahra, to:
1. Approve plans and specifications for Hunt Library Revitalization Project Phase Five ‑ Site Improvements Project.
2. Approve the following budget adjustments and transfers to Project 55050 Hunt Library Revitalization Project (Fund 74):
$232,934 Building Forward Grant from Project 55060 Hunt Library Technology Revitalization to Project 55050 Hunt Library Revitalization Project. $75,000 Refuse Collection Funds (Fund 46) from fund balance to Project 55050 Hunt Library Revitalization Project. $186,900 Infrastructure Funds (Fund 11) from Project 55057 Annual Citywide ADA Improvements Project to Project 55050 Hunt Library Revitalization Project.
3. Award $524,840 construction contract to Towo Enterprise Inc. for Hunt Library Revitalization Phase Five ‑ Site Improvements Project and authorize City Manager, or designee, to execute 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.
Motion carried 5 – 0.
9:47 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 9:47 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk