FULL CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
O CLOSED SESSION MINUTES
FEBRUARY 6, 2024 - 4:30 P.M.
Council Chamber
CALIFORNIE 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 (arrived
4:32 p.m.), Whitaker, Zahra (arrived 4:40 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
Whitaker moved, seconded by Jung, 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 meeting:
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
Motion carried 3 - 0 - 2 (Absent: Charles, Zahra).
PUBLIC COMMENTS - Closed Session
None.
RECESS TO CLOSED SESSION
Mayor / Chair Dunlap recessed to Closed Session at 4:31 p.m.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Fullerton Cir Goruary 6, 202 forgAgency Minutes
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
2. 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, Community and
Economic Development Director
Sunayana Thomas
Negotiating Parties: Calvary Chapel Open Door
Under Negotiations: Price and Terms
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, Community and
Economic Development Director
Sunayana Thomas
Negotiating Parties: Harbor Heights Senior Living
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: One Case
5:14 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:14 p.m.
Lucinda Williams, MC
City Clerk
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 2
CITY OF FULLERTON
FUL
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
FEBRUARY 6, 2024 - 5:30 P.M.
Council Chamber
CALIFORNIA 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, Fire Chief Adam
Loeser, Police Chief Jonathan Radus
INVOCATION given by Mayor Pro Tem Jung.
PLEDGE OF ALLEGIANCE led by Council Member Zahra.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Mayor Pro Tem Jung reported he spoke with the Fire Union.
Mayor Dunlap reported he spoke with the Fire Union.
PRESENTATIONS
Presented 1. PRESENTATION: Key to the City
Presented PROCLAMATION: Fullerton Union High School Baseball Program
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 3
ITEMS REMOVED FROM CONSENT CALENDAR
ANNOUNCEMENT
Council Member Charles pulled Consent Calendar Item 5.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Liza Boon and Tammy Hill spoke about a new preschool in Fullerton.
• Z (no last name provided) spoke about Republic Services and the UP Trail.
• Todd Harrison, Fullerton, spoke about Rancho La Paz.
• Yolanda Harrison spoke about Rancho La Paz.
• Woudarek (no last name provided) spoke about homelessness and infrastructure.
• Curtis Gamble spoke about homeless issues.
The following addressed City Council remotely:
• Julie Rayburn spoke about Government Channel 99.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comment.
Council Member Charles spoke about City Hall on the Go, winter shelters, Orange County Vector Control, Orange County Power Authority, myFullerton app, CSUF strategic plan and office hours.
Council Member Zahra spoke about the Anaheim Black History Month parade, Fullerton Museum Center and winter shelters.
Council Member Whitaker spoke about Prado Dam and asked for an update on storm impacts to Fullerton.
Mayor Dunlap thanked Dave Jerome for research assistance for presentations at this meeting, announced a new pop up City Hall program and wished a happy 87i birthday to Janet Jerome.
APPOINTMENTS (Item 1)
Appointed COMMISSION / COMMITTEE / BOARD APPOINTMENTS
(taken out of agenda order)
Dunlap moved, seconded by Jung, to ratify the following Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 4
committee appointment:
Council Member Charles appointed Andrew Galusha to the
Active Transportation Committee for an unexpired term ending December 31, 2026.
Motion carried 5 - 0.
CONSENT CALENDAR (Items 1 - 12)
Zahra moved, seconded by Whitaker, to approve Consent Calendar Items 1 through 4 and 6 through - 11.
Motion carried 5 - 0.
Approved JANUARY 16, 2024 MEETING MINUTES
Proposed Motion:
Approve January 16, 2024 City Council / Successor Agenc Meetina Minutes
Received and filed TREASURER'S REPORT FOR QUARTER ENDED DECEMBER 31, 2023
Proposed Motion:
Receive and file.
Approved FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION GRANT
ACCEPTANCE
Proposed Motion:
1. Approve Memorandum of Understanding (MOU) accepting
Firehouse Subs Public Safety Foundation Grant award and authorize City Manager, or designee, to execute the MOU.
2. Appropriate receipt and use of $19,642.22 grant award to the Fire Department budget within Grant Fund (Fund 32).
Approved PURCHASE ORDER TO CLEANRIVER FOR RECYCLING
AND WASTE CONTAINERS PURCHASE FOR SENATE BILL
1383 COMPLIANCE
Proposed Motion:
Authorize Administrative Services Director, or designee, to issue $102,975.87 purchase order to CleanRiver and execute related documentation necessary to procure indoor recycling and waste Approved BUDGET AUTHORIZATION FOR ON-CALL PROFESSIONAL
ENGINEERING CONSULTANT SERVICES
Proposed Motion:
Fullerton City Council | Successor Agency Minute
ebruary 6, 2024 - Page
Authorize City Manager to approve budget adjustments and consultant engineering firms.
Approved PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL
REAL ESTATE AND LAND USE FINANCIAL ADVISORY
SERVICES
Proposed Motion:
1. Authorize City Manager, or designee, to execute
Professional Services Agreements and future amendments, including extension options, for On-Call Real Estate and Land Use Financial Advisory Services, in a torm approved by the City Attorney, with the following firms:
• Keyser Marston and Associates
• Cushman and Wakefield
• Kosmont Companies
• RSG Inc
• Housing on Merit.
2. Authorize Director of Administrative Services, or designee, to issue purchase orders to the firms, in an amount not to exceed the approved Community and Economic
Development department budgets for the fiscal year on an as-needed basis.
Approved SECOND AMENDMENT TO MUSEUM OPERATION
AGREEMENT WITH FULLERTON MUSEUM CENTER
ASSOCIATION
Proposed Motion:
Authorize City Manager, or designee, to execute the Second Amendment to the Museum Operation Agreement with the
Fullerton Museum Center Association.
Approved CONTRACT WITH DOMINGUEZ GENERAL ENGINEERING
FOR CROWN AREA WATER MAIN REPLACEMENT
PROJECT
Proposed Motion:
1. Approve plans and specifications for Crown Area Water Main Replacement Project 53030.
2. Approve $1,024,200 budget appropriation and Water Funds (Fund 44) transfer from Project 53250 Water Main System Replacement to Project 53030 Crown Area Water Main
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 6
Replacement Project.
3. Award $770,560 construction contract to Dominguez
General Engineering for Project 53030 Crown Area Wate
Vain Replacement Project and authorize City Manager, o
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 within the
approved project budget.
Approved 10. CONTRACT WITH BIG BEN, INC. FOR RANCHO-VERONA
AREA WATER MAIN REPLACEMENT
Proposed Motion:
1. Rancho-Verona Area Water MiaireplaCement Prol 63042
3. Award $1,850,900 construction contract to Big Ben, Inc. for
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
Adopted 11. RAYMOND AVENUE GRADE SEPARATION
POST-CONSTRUCTION STREET RIGHT-OF-WAY
RECONFIGURATION
Proposed Motion:
1. Authorize City Manager, on behalf of the City of Fullerton, to execute Easement Deeds for street right-of-way and public utility purposes in, on, under and over real property utilized for construction of East Valencia Way, new segments of
East Valencia Drive, South Raymond Avenue and Truslow
Avenue in the City of Fullerton.
2. Adopt the following resolutions:
RESOLUTION NO. 2024-003 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION
ABANDONING 7,705 SQUARE FEET OF SURPLUS
STREET RIGHT-OF-WAY OVER A PORTION OF
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 7
TRUSLOW AVENUE REALIGNED AS PART OF THE
RAYMOND AVENUE GRADE SEPARATION PROJECT
RESOLUTION NO. 2024-004 - A RESOLUTION OF THE
COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION
ABANDONING A 3,080-SQUARE-FOOT PORTION OF THE
PUBLIC ALLEY LOCATED WEST OF SOUTH RAYMOND
AVENUE AND NORTH OF TRUSLOW AVENUE
REALIGNED AS PART OF THE RAYMOND AVENUE
GRADE SEPARATION PROJECT
RESOLUTION NO. 2024-005 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SUMMARY VACATION
ABANDONING A 1,440-SQUARE-FOOT PORTION OF THE
PUBLIC ALLEY LOCATED EAST OF SOUTH RAYMOND
AVENUE AND NORTH OF ASH AVENUE REALIGNED AS
PART OF THE RAYMOND AVENUE GRADE SEPARATION
PROJECT
PUBLIC HEARINGS (Item 13)
Direction provided 13. NOISE REGULATIONS AND STANDARDS MUNICIPAL CODE AMENDMENTS (Continued from December 19, 2023
Meeting)
Mayor Dunlap opened the public hearing at 7:12 p.m.
The following addressed City Council:
• Woudarek (no last name provided) spoke in support of
businesses.
• Joshua Ferguson spoke about current enforcement options and noise measurements.
• Curtis Gamble supported this item.
• Z (no last name provided) spoke about enforcement and penalties.
• Kurt Johnston spoke about noise from the transportation terminal.
The following addressed City Council remotely:
• Jane Reifer spoke about noise levels and requested a CEQA analysis.
Mayor Dunlap closed the public hearing at 7:27 p.m.
Dunlap moved, seconded by Whitaker, to return this item to the Planning Commission to further consider City Council input.
Motion carried 3 - 2 (no: Zahra, Charles).
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 8
REGULAR BUSINESS (Items 14 - 18)
Approved 14. CITY-HOSTED JULY SPECIAL EVENT CELEBRATION
OPTIONS
The following addressed City Council:
• Karen Lloreda preferred a fireworks show and festival downtown on the 4th of July.
• Curtis Gamble did not support this item.
• ZJ (no last name provided) supported a festival and
fireworks event.
The following addressed City Council remotely:
• Maureen Milton supported a 4th of July event.
• Arnel Dino supported a festival and fireworks.
Dunlap moved, seconded by Zahra, to direct staff to present a budget amendment at a future City Council meeting to request increased funding for the Fourth of July Event and fireworks in Downtown Fullerton.
Motion carried 5 - 0.
Direction provided 15. 2024 SAFE AND SANE FIREWORKS SALES The following addressed City Council:
• ZJ (no last name provided) supported the current lottery arrangement.
• Curtis Gamble supported this item.
• Curt Johnston spoke about fees.
Jung moved, seconded by Dunlap, to:
1. Receive and file 2023 Safe and Sane Fireworks Sales
Annual Report.
2. Confirm timeline for 2024 fireworks sales application process.
3. Direct staff to prepare a resolution to increase the 2024 sales permit fee to $2900 for consideration at the February 20, 2024 meeting.
4. Direct staff to recommend future lottery and sales permit fee adiustments with the annual budget process beginning with the 2024-25 budget using a tiered approach.
Motion carried 5 - 0.
Approved 16. SECOND QUARTER FINANCIAL REPORT AND MID-YEAR Fullerton City Council | Successor Agency Minutes
Februarv 6. 2024 - Page 9
BUDGET AMENDMENTS FOR FISCAL YEAR 2023-24
The following addressed City Council:
• Karen Lloreda asked about compensation for revenue loss. • Woudarek (no last name provided) spoke about City
investments and spending.
• ZJ no last name provided) supported economic
development and an auto mall.
• Curtis Gamble supported this item.
• Kurt Johnston spoke about encampments.
Zahra moved, seconded by Jung, to:
1. Receive and file Second Quarter Financial Report for FY 2023-24.
2. Approve FY 2023-24 Mid-Year Budget Amendments and
authorize City Manager, or designee, to make amendments to the FY 2023-24 Adopted Budget.
Motion carried 5 - 0.
Adopted 17. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT
AGREEMENT
The following addressed City Council:
• Curtis Gamble supported this item.
• ZJ (no last name provided) supported this item.
Jung moved, seconded by Zahra, to:
1. Approve and authorize Mayor to execute the Amendment to the Employment Agreement between the City and City
Manager Eric Levitt.
2. Adopt Resolution No. 2024-006.
RESOLUTION NO. 2024-006 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, APPROVING A SALARY SCHEDULE FOR
CITY COUNCIL APPOINTED POSITIONS IN
ACCORDANCE WITH CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 570.5
REQUIREMENTS AND SUPERSEDING RESOLUTION NO.
2024-002
Motion carried 5 - 0.
Appointed 18. SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS GENERAL ASSEMBLY DELEGATES
rem lung to serve as the Delegate Representative and Council , seconded by Jung, to Designate Mayor Pro Fullerton City Gruarl 5024-Pare goney Minutes
Member Zahra as Alternate at the Southern California
Association of Governments 2024 General Assembly.
Motion carried 5 - 0.
ITEMS REMOVED FROM CONSENT CALENDAR (taken
out of agenda order)
Approved 5. PURCHASE ORDER TO TECH LOGIC FOR LIBRARY
AUTOMATED MATERIALS HANDLER SYSTEM
REPLACEMENT
The following addressed City Council:
• Karen Lloreda spoke about redirecting funding for this project.
Jung moved, seconded by Zahra, to:
1. Authorize Director of Administrative Services, or designee, to issue $290,117.19 purchase order to Tech Logic to replace Library Automated Materials Handler system.
2. Approve the following budget appropriations and transfers:
• Transfer $100,000.00 from Project 55062 Library
Elevator Replacement to Project 56024 Library Material
Sorter Replacement in the Capital Projects Fund (Fund
74)
• Transfer $50,000 Library Foundation funds from Library Fund (Fund 13) to Project 56024 Library Material Sorter Replacement in the Capital Projects Fund (Fund 74).
Motion carried 5 - 0.
Approved 12. CONTRACT WITH TOWO ENTERPRISE, INC. FOR BASQUE
AVENUE STREET AND STORM DRAIN REHABILITATION
The following addressed City Council:
• Curtis Gamble suggesting including Valencia Avenue in this project and spoke about cold weather shelters
Jung moved, seconded by Zahra, to:
1. Approve plans and specifications for Basque Avenue Street and Storm Drain Rehabilitation project.
2. Approve $754,000 budget appropriation and ARPA Revenue Replacement Funds (Fund 38) transfer from Project 44589 Residential Street Program to Project 44071 Basque Avenue Street and Storm Drain Rehabilitation.
3. Award $638,920 construction contract for Basque Avenue Street and Storm Drain Rehabilitation project to Towo
Enterprise Inc. and authorize City Manager, or designee, to Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 11
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 within the
approved project budget.
Motion carried 5 - 0.
9:20 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting in memory of Ron Cassell at 9:20 p.m.
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
February 6, 2024 - Page 12