CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
AUGUST 20, 2024 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:34 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 4:34 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Council / Agency Members Charles, Whitaker
Absent: Mayor Pro Tem / Vice Chair Jung, Council / Agency Member Zahra 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 4:34 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Orange County Water District, et al. v. 3M Company, et al. (Tyco Fire, BASF Corporation) Case Number: OCSC 30 2020 01172419 CU PL CXC
2. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: City of Fullerton v. Commonwealth & Harbor LLC Case Number: OCSC 30 2024 01405276 CL UD CJC
Name of Case: Commonwealth & Harbor, LLC; 100 N. Harbor LLC v. City of Fullerton Case Number: OCSC 30 2024 01401832 CU EI CJC
5:24 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:24 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
AUGUST 20, 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 (remote), Council / Agency Members Charles, Whitaker, Zahra (arrived 5:34 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Fire Chief Adam Loeser, Deputy City Manager Daisy Perez, Police Chief Jonathan Radus INVOCATION given by Father Steve Cortez, St. Mary’s Catholic Church.
PLEDGE OF ALLEGIANCE led by Mayor Dunlap.
CLOSED SESSION REPORT (taken out of agenda order)
City Attorney Jones reported that Dunlap moved, seconded by Charles, to settle Orange County Water District, et al. v. 3M Company, et al. (Tyco Fire, BASF Corporation). Motion carried unanimously.
Mayor Dunlap left the meeting at 8:00 p.m.
Council Member Charles spoke about the Orange County Mosquito Control District, homelessness, the Fullerton Arboretum, newsletters, office hours and upcoming events.
Council Member Zahra spoke about the City Manager newsletter and Fullerton Museum and asked to agendize, supported by Charles, a review of parking regulations.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
None.
PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Austin Nation, Fullerton, spoke about ADU parking.
Tanya Apana, Fullerton, spoke about interactions with the Police Department.
Yolanda Harrison, Fullerton, spoke about Council Member comments, low-income housing and street paving.
Todd Harrison spoke about Senior Advisory Committee appointments.
Andrew (no last name provided), Fullerton, supported Walk on Wilshire.
Curt Johnston advocated for better intersection lighting.
Malorie Woo, Fullerton, supported Walk on Wilshire.
George (no last name provided) spoke about replacing signal poles on Magnolia and Valencia.
Anjali Tapadia supported Walk on Wilshire.
Curtis Gamble spoke about homeless issues.
Helen Higgins, Fullerton, supported Walk on Wilshire.
Z (no last name provided), Fullerton, spoke about legal obligations for Walk on Wilshire and police conduct.
The following addressed City Council remotely:
Carl Fredrickson supported Walk on Wilshire.
Maureen Milton supported Walk on Wilshire and spoke about City Hall signage.
Julie Rayburn spoke about the Transportation and Circulation Commission.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt and staff responded to issues arising during Public Comment.
APPOINTMENTS
1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Council Members made the following appointments to the Ad Hoc Fiscal Sustainability Committee:
Mayor Dunlap appointed Jack Dean.
Mayor Pro Tem Jung appointed Tony Bushala.
Council Member Whitaker appointed Bill Brown.
Dunlap moved, seconded by Whitaker, to ratify appointments.
Motion carried 4 – 1 (Opposed: Zahra).
CONSENT CALENDAR (Items 1 ‑ 10)
Zahra moved, seconded by Dunlap, to approve all Consent Calendar items.
Motion carried 5 – 0.
Approved
1. AUGUST 6, 2024 MEETING MINUTES
Proposed Motion:
Approve August 6, 2024 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Proposed Motion:
Receive and file.
Received and filed
3. JULY 2024 CHECK REGISTER
Proposed Motion:
Receive and file.
Approved
4. APPROVED WRITE OFFS BY CITY MANAGER AND WRITE OFFS REQUIRING CITY COUNCIL APPROVAL REPORT Proposed Motion:
1. Receive and file delinquent accounts receivable balances under $50,000 approved for write off by the City Manager.
2. Approve delinquent accounts receivable balances over $50,000 write off.
Received and filed
5. PROPERTY, CASUALTY AND WORKERS’ COMPENSATION INSURANCE PROGRAM REPORT Proposed Motion:
Receive and file.
Adopted
6. FISCAL YEAR 2024 25 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT AWARD Proposed Motion:
1. Adopt Resolution No. 2024-045.
RESOLUTION NO. 2024-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT ALCOHOLIC BEVERAGE CONTROL GRANT FUNDS
2. Authorize Chief of Police to execute $99,000 Fiscal Year 2024 25 Alcoholic Beverage Control grant agreement.
3. Appropriate receipt and use grant funds in Grants Fund (Fund 32).
Approved
7. CITY OF FULLERTON RESPONSE TO ORANGE COUNTY GRAND JURY REPORT E BIKES FRIEND OR FOE Proposed Motion:
1. Review 2023 24 Orange County Grand Jury report titled E Bikes Friend or Foe.
2. Approve response letter to the Superior Court Presiding Judge and Orange County Approved
8. LEASE AGREEMENT WITH ZOLL ONE PROGRAM FOR EMS EQUIPMENT Proposed Motion:
1. Approve a ten-year lease agreement (“Zoll One Program Master Agreement”) with Zoll Medical Corporation for Emergency Medical Services equipment and clinical software support.
2. Authorize City Manager, or designee, to execute related documents and issue annual $174,873.97 purchase orders for the Zoll One Program Master Agreement through Fiscal Year 2033 34.
Approved
9. CONTRACT WITH LANDSCAPE STRUCTURES FOR EMERY PARK PLAYGROUND DESIGN AND CONSTRUCTION Proposed Motion:
1. Award $268,525 contract to Landscape Structures for new Emery Park playground design and construction.
2. Authorize City Manager, or designee, to execute Emery Park Playground Project change orders within project budget.
Approved
10. CONTRACT WITH CORA CONSTRUCTORS, INC. FOR COYOTE BOOSTER PUMP STATION PUMP CAN REPLACEMENT PROJECT Proposed Motion:
1. Approve plans and specifications for the Coyote Booster Pump Station Pump Can Replacement Project.
2. Award $317,000 construction contract for Coyote Booster Pump Station Pump Can Replacement Project to Cora Constructors, Inc. and authorize City Manager, or designee, to execute and administer the contract, in a form approved by the City Attorney.
3. 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.
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 11 ‑ 13)
Direction provided
11. TRANSPORTATION CENTER AND DOWNTOWN BRANDING AND WAYFINDING UPDATE The following addressed City Council:
Anjali Tapadia supported Option 3.
Curt Johnston supported Transportation Center improvements over signage.
Curtis Gamble supported this item.
Z (no last name provided) supported this item.
LaTonya (no last name provided) asked for improvements near the airport.
The following addressed City Council remotely:
Jane Reifer asked to use funding to improve transit information.
Maureen Milton spoke about proposed fonts.
City Council directed staff to proceed with Option 1 and Color Scheme 1.
Direction provided
12. NEW STREET SWEEPING OPERATION IMPLEMENTATION COST AND SCHEDULE ANALYSIS Mayor Pro Tem Jung left meeting at 7:50 p.m.
The following addressed City Council:
George (no last name provided), Fullerton, supported alternate side street sweeping.
Latonya (no last name provided) spoke about street sweeping program hardships and supported alternate side street sweeping.
Z (no last name provided) spoke about program costs.
The following addressed City Council remotely:
Julie Rayburn expressed concerns with Jacaranda debris and mosquitos.
Munish (no last name provided) supported alternate side sweeping.
City Council continued this item to the October 1, 2024 meeting.
Appointed
13. CAL CITIES ANNUAL CONFERENCE DELEGATES AND ALTERNATES (item taken out of agenda order) Mayor Pro Tem Jung and Council Member Zahra nominated for the Cal Cities 2024 Annual Conference City Delegate.
Mayor Pro Tem Jung appointed as the Cal Cities 2024 Annual Conference City Delegate. (Supporting Jung nomination: Whitaker, Jung, Dunlap; supporting Zahra nomination Charles, Zahra).
Council Member Zahra appointed as the Cal Cities 2024 Annual Conference Alternate Representative by acclamation.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
8:10 p.m.
ADJOURNMENT
Council Member Whitaker adjourned the meeting at 8:10 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk