CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
FEBRUARY 6, 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 (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
1. 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
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
3. 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
4. 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. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
FEBRUARY 6, 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, 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
2. PROCLAMATION: Fullerton Union High School Baseball Program
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 87th birthday to Janet Jerome.
APPOINTMENTS (Item 1)
Appointed
1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS (taken out of agenda order) Dunlap moved, seconded by Jung, to ratify the following 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
1. JANUARY 16, 2024 MEETING MINUTES
Proposed Motion:
Approve January 16, 2024 City Council / Successor Agency Meeting Minutes.
Received and filed
2. TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2023 Proposed Motion:
Receive and file.
Approved
3. 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
4. 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 containers.
Approved
6. BUDGET AUTHORIZATION FOR ON‑CALL PROFESSIONAL ENGINEERING CONSULTANT SERVICES Proposed Motion:
Authorize City Manager to approve budget adjustments and transfers not to exceed $200,000 related to City Council approved capital improvement projects funded by Capital Improvement Projects Fund (Fund 74) for City‑approved, on‑call consultant engineering firms.
Approved
7. 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 form 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
8. 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
9. 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 Replacement Project.
3. Award $770,560 construction contract to Dominguez General Engineering for Project 53030 Crown Area Water Main Replacement Project and authorize City Manager, or 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. Approve plans and specifications for Project 53042 Rancho‑Verona Area Water Main Replacement Project.
2. Approve $2,375,000 budget appropriation and Water Funds (Fund 44) transfer from Project 53250 Water Main System Replacement to Project 53042 Rancho‑Verona Area Water Main Replacement Project.
3. Award $1,850,900 construction contract to Big Ben, Inc. for Project 53250 Water Main System Replacement and authorize City Manager, or 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.
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 TRUSLOW AVENUE REALIGNED AS PART OF THE RAYMOND AVENUE GRADE SEPARATION PROJECT RESOLUTION NO. 2024‑004 ‑ A RESOLUTION OF THE CITY 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).
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 adjustments 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 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 Charles moved, seconded by Jung, to Designate Mayor Pro Tem Jung to serve as the Delegate Representative and Council 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 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. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk