CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
DECEMBER 3, 2024 – 4:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:13 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:13 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung (arrived 5:21 p.m.), Council / Agency Members Charles, Zahra
Absent: Council / Agency Member Whitaker
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 5:13 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeownership v. City of Fullerton Case Number: OCSC 30‑2022‑01281840
2. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Langenbacher, et al. v. City of Fullerton, Fullerton P.D.
Case Number: OCSC 30‑2022‑01296035
3. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2) Significant Exposure to Litigation: One Case
5:38 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:38 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
DECEMBER 3, 2024 – 5:30 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:41 p.m.
CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:41 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung, Council / Agency Members Charles, Zahra
Absent: Whitaker
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams, Deputy City Manager Daisy Perez, Police Chief Jonathan Radus, Fire Chief Adam Loeser INVOCATION given by Mayor Dunlap.
PLEDGE OF ALLEGIANCE led by Mayor Pro Tem Jung.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
ITEMS REMOVED FROM CONSENT CALENDAR ANNOUNCEMENT
Consent Calendar Item 3 pulled from consideration.
PUBLIC COMMENTS ‑ Regular Session (taken out of agenda order) The following addressed City Council:
Todd Harrison, Fullerton, spoke about public comments and the Senior Advisory Committee.
Curtis Gamble, Fullerton, spoke about homeless issues.
Z (no last name provided) spoke about public comments.
Matt Truxaw, Fullerton, spoke about Walk on Wilshire.
Yolanda Harrison spoke about staff presentations.
The following addressed City Council remotely:
Chris Miller, Fullerton, spoke about zoning.
Maureen Milton, Fullerton, spoke about mixed use zoning and park dwelling fees.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS (taken out of agenda order) Council Member Zahra asked for an update on winter shelters.
Council Member Charles spoke about winter shelters, upcoming events and elections.
Mayor Dunlap noted the City will have a list of local holiday charities available.
APPOINTMENTS (Item 1)
Appointed
1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Dunlap moved, seconded by Jung, to ratify the following Youth Advisory Committee principal appointments for term ending August 31, 2025:
· Mason You, Sonora High School.
Motion carried 4 – 0 – 1 (Absent: Whitaker).
CONSENT CALENDAR (Items 1 ‑ 10) (taken out of agenda order) Mayor Pro Tem Jung left the meeting at 7:55 p.m.
Dunlap moved, seconded by Zahra, to adopt all Consent Calendar Items except Item 3 .
Motion carried 3 – 0 – 2 (Absent: Whitaker, Jung).
Approved
1. NOVEMBER 19, 2024 MEETING MINUTES
Proposed Motion:
Approve November 19, 2024 City Council / Successor Agency Meeting Minutes.
Received and filed
2. FISCAL YEAR 2023‑24 DONATIONS RECEIVED AND USES
Proposed Motion:
Receive and file.
Pulled
3. CLASSIFICATION PLAN UPDATE RELATING TO A MINIMUM WAGE INCREASE Proposed Motion:
Adopt Resolution No. 2024‑XXX.
RESOLUTION NO. 2024‑XXX ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2024‑035 APPENDIX A RELATING TO NON‑REGULAR EMPLOYEE PAY Or, if Proposition 32 passes:
Adopt Alternate Resolution No. 2024‑XXX.
RESOLUTION NO. 2024‑XXX ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING RESOLUTION NO. 2024‑035 APPENDIX A RELATING TO NON‑REGULAR EMPLOYEE PAY Adopted
4. PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION RELATING TO HOLIDAY HOURS Proposed Motion:
Adopt Resolution No. 2024‑054.
RESOLUTION NO. 2024‑054 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION DATED DECEMBER 3, 2024 Adopted
5. MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2023‑2024 Proposed Motion:
Adopt Resolution No. 2024‑055.
RESOLUTION NO. 2024‑055 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF FULLERTON FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Adopted
6. FISCAL YEAR 2023‑24 DEVELOPER IMPACT FEE ANNUAL COMPLIANCE REPORT Proposed Motion:
Receive and file.
Adopted
7. FISCAL YEAR 2024‑25 STREET REHABILITATION PROJECTS
Proposed Motion:
Receive and file.
Approved
8. POLICE DEPARTMENT PATROL VEHICLES PURCHASE
Proposed Motion:
Approve $441,348.72 purchase of eight Ford Police Interceptor Utility Vehicles from National Auto Fleet Group, through Sourcewell cooperative purchasing agreement (Contract No. 091521‑NAF).
Approved
9. CONTRACT WITH TOWO ENTERPRISE, INC. FOR FULLERTON COMMUNITY CENTER EMERGENCY GENERATOR PROJECT Proposed Motion:
1. Approve Fullerton Community Center Emergency Generator Project plans and specifications.
2. Approve $495,000 Equipment Maintenance Funds (Fund 67) budget transfer and appropriation from fund balance to Project 54053 Fullerton Community Center Emergency Generator Project in Capital Projects Fund (Fund 74).
3. Award $528,200 construction contract for Fullerton Community Center Emergency Generator Project to Towo Enterprises, Inc. and authorize City Manager, or designee, to execute and administer the contract, in a form approved by the City Attorney.
4. Authorize Administrative Services Director, or designee, to issue a purchase order not to exceed $315,000 to Quinn Power through Sourcewell cooperative to purchase an emergency generator.
5. Authorize Public Works Director, or designee, to approve change orders for construction and professional engineering construction support services within the approved project budget.
Approved
10. CONTRACT WITH PETROCHEM MATERIALS INNOVATION, LLC. FOR MISCELLANEOUS SLURRY SEAL ‑ DOWNTOWN AREA Proposed Motion:
1. Approve Miscellaneous Slurry Seal ‑ Downtown Area Project plans and specifications.
2. Approve $285,000 General Fund (Fund 10) budget transfer and appropriation from Project 44400 Arterial Street Program to Project 44701 Miscellaneous Slurry Seal ‑ Downtown Area within the Capital Projects Fund (Fund 74).
3. Award $229,057.80 construction contract for Miscellaneous Slurry Seal ‑ Downtown Area Project to Petrochem Materials Innovation, LLC. and authorize City Manager, or designee, to execute and administer the contract, in a form approved by the City Attorney.
4. Authorize Public Works Director, or designee, to approve change orders for construction and professional engineering construction support services within the approved project budget.
PUBLIC HEARINGS (Items 11 ‑ 14)
Continued
11. 6TH CYCLE (2021‑2029) HOUSING ELEMENT, HOUSING INCENTIVE OVERLAY PROGRAM ENVIRONMENTAL IMPACT REPORT, FULLERTON GENERAL PLAN LAND USE ELEMENT PORTION AMENDMENT TO IMPLEMENT HOUSING INCENTIVE OVERLAY PROGRAM AND HOUSING INCENTIVE OVERLAY ZONE (Continued from November 19, 2024 meeting) Council Member Charles noted for the record she has not prejudged this item.
Dunlap moved, seconded by Jung, to direct staff to develop a modified Option 2 with a reduced buffer on Commonwealth and Chapman Avenues and a 20% affordable housing requirement.
Motion carried 4 – 0 – 1 (Absent: Whitaker).
Introduced
12. WEST WILSHIRE, WOODS AND WICKETT SQUARE NEIGHBORHOOD HISTORIC PRESERVATION AREA ZONE CHANGE REQUEST Mayor Dunlap opened the public hearing at 7:04 p.m.
The following addressed City Council:
Jane Rands asked for clarity regarding the homes west of Woods Avenue.
Julie Rayburn supported this item.
Mayor Dunlap closed the public hearing at 7:07 p.m.
Dunlap moved, seconded by Zahra, to introduce Ordinance No. 3334 as amended for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. 3334 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A ZONE CLASSIFICATION CHANGE FROM “R‑1‑7.2” TO “R‑1‑7.2P” AND FROM “R‑3” TO “R‑3P” ON PROPERTIES LOCATED IN THE WEST WILSHIRE, WOODS AND WICKETT SQUARE NEIGHBORHOOD, GENERALLY DESCRIBED AS THE PROPERTIES BOUNDED BY WILSHIRE AVENUE, WOODS AVENUE, DRAKE AVENUE AND CHAPMAN AVENUE Motion carried 4 – 0 – 1 (Absent: Whitaker).
City Clerk Williams read the ordinance title.
Adopted
13. MILLS ACT CONTRACTS BETWEEN CITY OF FULLERTON AND PROPERTY OWNERS OF HISTORIC PROPERTIES AT 156 HILLCREST DRIVE, 444 WEST BROOKDALE PLACE, 516 WEST AMERIGE AVENUE AND 800 GRANDVIEW AVENUE Mayor Dunlap opened the public hearing at 7:14 p.m.
No members of the public addressed City Council
Mayor Dunlap closed the public hearing at 7:14 p.m.
Zahra moved, seconded by Dunlap, to:
1. Adopt the following resolutions:
RESOLUTION NO. 2024‑056 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 156 HILLCREST DRIVE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT RESOLUTION NO. 2024‑057 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 444 WEST BROOKDALE PLACE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT RESOLUTION NO. 2024‑058 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 516 WEST AMERIGE AVENUE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT RESOLUTION NO. 2024‑059 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY AND THE OWNER OF HISTORIC PROPERTY LOCATED AT 800 GRANDVIEW AVENUE IN THE FORM OF AN HISTORIC PROPERTY PRESERVATION AGREEMENT
2. Authorize Director of Community and Economic Development to review subsequent updated schedules of improvements and maintenance items provided by the property owner pursuant to the Historic Property Preservation Agreement (Agreement) prior to the tenth anniversary of the Agreement and every tenth anniversary thereafter.
Motion carried 4 – 0 – 1 (Absent: Whitaker).
Rejected
14. ZONING CODE AMENDMENTS PERTAINING TO TATTOO PARLORS (Continued from November 19, 2024 City Council meeting) Mayor Dunlap opened the public hearing at 7:25 p.m.
The following addressed City Council:
Z (no last name provided) noted the City has no K through 12 schools Mayor Dunlap closed the public hearing at 7:26 p.m.
Dunlap moved, seconded by Jung to reject this ordinance and direct staff to develop and alternate permit process for tattoo parlors.
Motion carried 4 – 0 – 1 (Absent: Whitaker).
REGULAR BUSINESS (Item 15)
15. RETIRED ANNUITANT APPOINTMENT TO POLICE SERVICES REPRESENTATIVE II POSITION Item pulled from consideration.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
7:59 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 7:59 p.m. in memory of George Ichirosuda. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk