CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
STUDY SESSION MINUTES
MARCH 5, 2024 – 5:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:03 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:03 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung, Council / Agency Members Charles (arrived 5:12 p.m.), Whitaker, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams
PRESENTATIONS
Presented
1. PRESENTATION: Metropolitan Water District of Southern California PUBLIC COMMENTS ‑ Study Session
The following addressed City Council:
Maureen Milton asked about drought planning.
STUDY SESSION
None.
5:40 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:40 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
MARCH 5, 2024 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:40 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:40 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, Police Chief Radus, Deputy Fire Chief Jon Fugitt INVOCATION given by Pastor Elliot Chung from One Life City Church.
PLEDGE OF ALLEGIANCE led by Council Member Whitaker.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
Presented
1. PROCLAMATION: American Red Cross Month
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
City Council Item 7 pulled following public comments.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Tanya Apana spoke about parking.
Maureen Milton spoke about City Hall on the Go.
Todd Harrison spoke about the Tenant Based Rental Program.
Sam Alicar, Fullerton, spoke about parking and street sweeping on Orangethorpe Avenue.
Z (no last name provided) spoke about parking enforcement, Republic Services and traffic flow.
Yolanda Harrison spoke about Rancho La Paz.
Curtis Gamble spoke about homeless issues.
The following addressed City Council remotely:
Albert (no last name provided) spoke about political issues.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS Council Member Charles spoke about antisemitism, Women’s History Month, community center rentals, attendance at community events and upcoming activities and extended condolences to the Klatzer family.
Council Member Zahra spoke about hate speech, Women’s History Month, upcoming events and attendance at recent activities.
Council Member Whitaker spoke about rainfall totals and water issues.
Mayor Dunlap spoke about hate speech, City Hall on the Go and little league opening day events.
City Manager Levitt responded to issues arising during public comment.
APPOINTMENTS
Appointed
COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Mayor Pro Tem Jung appointed Oscar Valadez to the Parks and Recreation Commission for a partial term ending December 31, 2024.
Dunlap moved, seconded by Jung, to ratify appointment.
Motion carried 5 – 0.
CONSENT CALENDAR (Items 1 – 10)
Whitaker moved, seconded by Jung, to approve Consent Calendar Items 1 through 6 and 8 through 10.
Motion carried 5 – 0.
Approved
1. FEBRUARY 20, 2024 MEETING MINUTES
Proposed Motion:
Approve February 20, 2024 City Council / Successor Agency Meeting Minutes.
Adopted
2. FLOOD ZONE DEVELOPMENT MUNICIPAL CODE AMENDMENTS ‑ SECOND READING OF ORDINANCE Proposed Motion:
Adopt Ordinance No. 3330.
ORDINANCE NO. 3330 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE SECTION 14.01.015 PERTAINING TO FLOOD ZONE DEVELOPMENT Approved
3. 2024 LEGISLATIVE PLATFORM
Proposed Motion:
Adopt the 2024 Legislative Platform with no changes from the 2023 Platform and authorize the Mayor (or Mayor Pro Tem in the Mayor’s absence) to sign policy and position letters within platform guidelines.
Approved
4. POLICE CANINE TITAN RETIREMENT
Proposed Motion:
1. Authorize Fullerton Police Canine Titan retirement.
2. Authorize ownership transfer from City of Fullerton to handler Corporal Green with $1 payment to the Fullerton Police Canine Foundation.
Approved
5. ENVIRONMENTALLY PREFERRED PURCHASING POLICY TO COMPLY WITH SENATE BILL 1383 Proposed Motion:
Adopt Recovered Organic Waste Product Procurement Policy.
Approved
6. PROFESSIONAL SERVICES AGREEMENT WITH LOCALITY MEDIA, INC. FOR FIRE DEPARTMENT RECORDS MANAGEMENT PAYMENT PROCESSING AMENDMENT Proposed Motion:
1. Approve amendment to Agreement for Services with Locality Media, Inc., doing business as First Due, for an electronic payment processing solution.
2. Approve absorbing electronic payment processing fees, such as credit card and eCheck service fees, for fire inspections and permits.
Approved
8. AGREEMENT WITH METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, ORANGE COUNTY WATER DISTRICT, CITY OF ANAHEIM AND CITY OF SANTA ANA REGARDING ASSIGNMENT OF EXTRAORDINARY SUPPLY FROM SANTA ANA RIVER CONSERVATION AND CONJUNCTIVE USE PROGRAM Proposed Motion:
Authorize City Manager, or designee, to execute Agreement for Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program.
Approved
9. COOPERATIVE AGREEMENT WITH CITIES OF LA HABRA, ANAHEIM, GARDEN GROVE, SANTA ANA AND FOUNTAIN VALLEY FOR EUCLID STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM PROJECT Proposed Motion:
Authorize City Manager, or designee, to execute Euclid Street Regional Traffic Signal Synchronization Program Project Cooperative Agreement.
Approved
10. AGREEMENT WITH BONADIMAN WATER, INC. FOR HOLLYDALE AREA WATER MAIN REPLACEMENT Proposed Motion:
1. Approve plans and specifications for Project 53031 Hollydale Area Water Main Replacement Project.
2. Approve $2,281,900 Water Funds (Fund 44) budget transfer and appropriation from Project 53250 Water Main System Replacement to Project 53031 Hollydale Area Water Main Replacement Project.
3. Award $1,728,100 construction contract to Bonadiman Water, Inc. for Project 53031 Hollydale Area Water Main Replacement Project and authorize City Manager, or designee, to execute and administer contract, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve future change orders for construction and professional engineering construction support services within the approved project budget.
PUBLIC HEARINGS (Item 11)
Adopted
11. APPEAL OF MAJOR SITE PLAN FOR 801 ‑ 811 ACACIA AVENUE AND 1580 KIMBERLY AVENUE The applicant, developer and appellant addressed City Council.
Zahra moved to continue this item. Motion failed for lack of a second.
Mayor Dunlap opened the public hearing at 7:27 p.m.
The following addressed City Council:
Unidentified speaker spoke about preserving trees.
Todd Harrison asked about the studies related to this project.
Yolanda Harrison spoke about earthquake retrofitting.
Z (no last name provided) spoke about the City tax base and auto malls.
Curtis Gamble supported this item.
Terry Galvin, Fullerton Heritage, said the architect has agreed to work with Fullerton Heritage regarding their concerns.
The following addressed City Council remotely:
Jane Reifer supported preserving historical aspects of the property and questioned the accuracy of environmental documents.
Matthew Leslie supported a closer review of the historical aspects of this project.
Mayor Dunlap closed the public hearing at 7:48 p.m.
Jung moved, seconded by Dunlap, to adopt Resolution No. 2024‑011.
RESOLUTION NO. 2024‑011 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF A MAJOR SITE PLAN TO DEMOLISH ONSITE STRUCTURES TO CONSTRUCT AN INDUSTRIAL WAREHOUSE BUILDING ON PROPERTY ZONED M‑P‑EYES, LOCATED AT 801 ‑ 811 ACACIA AVENUE AND 1580 KIMBERLY AVENUE Motion carried 3 – 2 (No: Zahra, Charles).
REGULAR BUSINESS (Item 12)
Received and filed
12. ACACIA AVENUE RAILROAD GRADE CROSSING QUIET ZONE ASSESSMENT The following addressed City Council:
Z (no last name provided) supported building sidewalks before quiet zones.
The following addressed City Council remotely:
Jo Messina spoke in support of Quiet Zones.
Dave Messina spoke in support of Quiet Zones.
Received and filed by order of the Mayor.
Mayor Pro Tem Jung left the meeting at 8:37 p.m.
ITEMS REMOVED FROM CONSENT CALENDAR
Approved
7. OPERATING AGREEMENT WITH ILLUMINATION FOUNDATION FOR FULLERTON NAVIGATION CENTER The following addressed City Council:
Curtis Gamble asked questions about the contract.
Zahra moved, seconded by Charles, to:
1. Authorize City Manager to execute and administer operating agreement, including minor revision, with Illumination Foundation for Fullerton Navigation Center operation at 3535 West Commonwealth Avenue to provide 40 shelter beds dedicated for Fullerton residents, in a form approved by the City Attorney.
2. Authorize City Manager to approve lease agreement, including any minor revisions, in a form approved by the City Attorney.
Motion carried 5 – 0.
8:41 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 8:41 p.m. in memory of Wes Warden. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk