City Council Notes

Meetings are on the first and third Tuesday of each month at 5:30 pm. Upcoming agenda information and streaming video of meetings are available at http://www.cityoffullerton.com. City Hall is located at 303 W. Commonwealth, Fullerton. Contact Council at (714) 738-6311 or council@cityoffullerton.com

Tuesday, December 5 Meeting

Closed Session: Conference with legal counsel

1. Name of Case: Estate of Noah Weatherly v. City of Fullerton: Case Number: OCSC 30-2018-01037224
2. PUBLIC EMPLOYEE APPOINTMENT Per Government Code Section 54957(b)(1) Title: Chief of Police CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Per Government Code Section 54956.8
3. Property: 3535 West Commonwealth Avenue, Fullerton, CA 92833 City Manager Eric J. Levitt & Deputy City Manager Daisy Perez Negotiating Price and Terms with Dyer 18 LLC

Consent Calendar

Items are grouped and passed in one vote unless pulled.

Item 2: Classification Plan Update for Human Resources, Risk Management, and Library Technology Assistant:

1. Approve revision to Fiscal Year (FY) 2023-24 Human Resources Personnel summary to increase budgeted full-time equivalent positions from 11 to 12 to reflect the addition of a Limited Term / At-Will Human Resources / Risk Management Analyst II.
2. Approve $41,000 budget appropriation from the General Fund (Fund 10) unassigned fund balance to the Human Resources department budget for FY 2023-24. 3. Adopt Resolution 2023-052 and -064: A Resolution to Adopt, Update, and Delete Certain Personnel Classifications and Amend Resolution 2023-052 Appendix A and Resolution 2023-064 Appendix A – Relating to Compensation

Item 3: Second Grant for Improvements of Fullerton Public Library: Adopt Resolution State of California Budget Act of 2023 (SB 101). Authorize Grant Application, acceptance, and execution of Grant Funds From the State Budget Act of 2022. Appropriate $778,055 Building Forward State Grant Funds and $389,027 budget transfer of matching donation funds from the Library Fund (Fund 13) to Project 55062 Main Library Building. Forward Improvements in the Capital Projects Fund (Fund 74).

Item 4: Professional Services Agreement with HF&H Consultants For Senate Bill 1383 Contract Assistance: Approve Professional Services Agreement with HF&H Consultants, LLC, effective January 1, 2024, through December 31, 2024, in a form approved by the City Attorney, and authorize the City Manager, or designee, to enter up to two additional one-year extension options.

Passed Unanimously

Public Comments

• Bernard, a Fullerton resident, said that Fred, Bruce, and Nick owed several apologies, starting with Egleth Nuncci and her daughter. “If your kid came here and commented, would you ignore her? How dare you ignore her. You should pay attention to every speaker that comes up here, but especially to our youth. It would help if you encouraged civic engagement and participation.”
• Yolanda Harrison said COVID was the cause of death of her husband Todd’s previous wife. (Dr. Charles was virtual due to COVID). “Please do what you need to do to stay safe and return to us. Mr. Mayor and Council, I don’t want to repeat this, but I must remind you about free speech. Leave that timer placement alone and let us be able to see it. Give those who need the extra time, like the disabled, people who stutter, and children who come up here. Children are the future, and they’re future voters. They have a right to be heard.”
• Todd Harrison said his wife, Yolanda, and he is still Rancho La Paz residents in Fullerton. “I say that every time because sooner or later, with Mr. Saunders, that will no longer be true. Can you direct IT staff to find a way to have the timer returned to this podium? As for the podium, we need the height adjustment working or a more flexible microphone. Not every speaker pre-writes their comments to fit the allotted time. Three minutes is too short of a time to waste trying to get close enough.”
• Zee said that he is still looking for a trash collection refund for the two weeks in December two years ago. “I’ve been a resident of the city since 1978. I want to thank the Fullerton staff for getting the grants. I know that takes a lot of time and effort, so congratulations to them. I wish to thank Bruce Whitaker because he provided a response and explained his position on the trail, which made for good dialogue. This past weekend, I went to a sports tournament at the Fullerton Sports Complex. What an expansive, large, beautiful, and modern open space. It reminded me that the north part of the city has nearly 2,000 acres of open space, while districts four and five have less than 100 acres together. This makes me befuddled that the residents in the southeast, good people who have family and children, can’t get a Union Pacific trail. I mean, it’s just such a little portion, and it’s going to cost the city nothing. We have a $1.78 million grant to plant 176 trees and 10,000 shrubs.”
• Chase McFarland said, “I am the HS Choral Vocal Music President. We want to invite everyone to an event. The Winter Sing will be held on December 14 from 7 PM at the FUHS Auditorium on Chapman Ave. We just have a bunch of fun things like storytelling with the Grinch and a Giving Tree, and it feels like a holiday, and it brings so much joy.
• Kitty Jaramillo said, “I want to thank you, Mayor, for doing the right thing and recusing yourself on the renewal contract for Faulk Ambulance Company. And to you, Councilman Dunlap, unfortunately, after your few years on the City Council, when are you going to know your audience? Your update to Fullerton residents about the football game at the last council meeting had nothing to do with anything.
• Curtis Gamble recommendations for 2023. 1) Movable tiny homes used as temporary cold weather shelters and a safe RV parking program in the Hunt Library and dog park, a gated, secluded community parking lot 24 hours a day, seven days a week, 365 days a year. 2) Kelly Thomas statue at the Fullerton Transportation Center. 3) The Cash Up card is a free Visa debit card, which allows community funding to pay for rent, electric bills, gas, shelter bills, and other goods and services. 4) The City of Fullerton, Municipal Code 15.42.010, for emergency shelters allows Grace Ministry and other churches to shelter up to 12 homeless individuals.”
• A Fullerton Resident: I would like to read a quote: It’s not about what you do, but how you are. It’s not about what you’ve accomplished. It’s about who you have lifted up and who you have made better. It’s about what you have given back. So I’m here. To see if today you guys are going to give back to our community, something that we have been working, waiting, and wanting.
• Veronica Moran said, “I’ve been a resident of Fullerton for 12 years. I’m here today to talk about the people who create a good community in Fullerton. I know that each of you does the best that you can. Thank you to Mr. Zahra and Mrs. Charles for supporting the community. Thank you to the Police and Fire Department and all of the city workers; you help our community and run our city. I also want to talk about the people who actually have the courage to come here and give their voices. They are our residents. You are speaking up about what is fair. I also want to thank everyone who is sending emails and is interested in our city. I hope that we take into consideration our Earth. We are people that have to support not only the environment but also other people.”

City Councilmember Comments

Council Member Dr. Shana Charles: I want to remind the public to please update their vaccinations for COVID, flu, pneumonia, shingles, and anything else that they might need vaccinations for. They really do help make a difference. Even if you happen to get the disease, it makes it so much less worse, which is what I’m experiencing, less worse. I hope that everybody has a healthy December. And I would also like to thank all the groups in our city along with our city staff who have been able to put on wonderful events for the holidays. I saw the pictures of the tree and menorah lighting ceremony. That was wonderful. I wish everyone who’s celebrating a happy Hanukkah coming up on Thursday as well as the other holidays throughout December, and, of course, looking forward to the first night. And finally, just a thank you to everyone making public comments. As always, I really appreciate hearing your thoughts. Because of my condition, my office hours are going to be virtual, so I’ll still be available on Thursdays from 12 to 2 but only by phone or Zoom link.

Council Member Nick Dunlap: First, I’d like to wish everyone a happy Saint Nicholas Day. It is kind of a special time for me because, as a Greek American kid, it was always a big thing because my birthday is actually next week, but Saint Nicholas Day is tomorrow, and it’s kind of a big event that really kicks off the holiday season. Next up, I want to thank everyone who came out to the grand opener Ribbon Cutting at Acacia Park this past weekend. It was a great event to have it finally reopened if you haven’t had a chance to get out there to check it out if, you know, really, the staff did a great job and put together a great park.

Council Member Dr. Ahmad Zahra: I want to thank the Fullerton Museum Center for hosting the Winter Market and for our staff for doing the tree and menorah lighting. It was really very special to see the community come out together and celebrate regardless of background and faith. This is what community is all about, especially at this time when we’re seeing so much conflict in the world. The Leo Fender exhibit starts this Saturday, December 9, at six so please do come and see this great exhibit, and let’s celebrate Fullerton’s contribution to rock and roll. I want to wish Joel Maus, who had a terrible accident, a speedy recovery. I also want to ask that we come back with some guidelines for safety in construction zones. And I’d like to ask that we do a study session for the public and then have a more comprehensive look at our street safety.

Mayor Pro Tem Bruce Whitaker: I do have a request. Back when the Item was passed to start charging for parking on around weekends in the downtown area, I’d requested at that time that we receive a recap of some kind of a financial report on the net amount of revenue.

Reconsideration of UP Trail Phase II Grant

City Council considered Union Pacific Park trail options on August 15, 2023, and voted 3 – 2 to direct staff to re-approach the California Natural Resources Agency to consider reallocating the Phase Two project grant funding to another project.

After the California Natural Resources Agency said that the Urban Greening Grant could not be used for the Union Pacific Park because it could not accommodate the 176 trees and 10,000 shrubs, Council Member Zahra requested, supported by Council Member Charles, to bring this item back for City Council consideration.

City Manager Recommendation:

Reaffirm City Council direction from August 15, 2023, and direct the City Manager to re-approach the State of California Natural Resources Agency and continue to explore an alternate project for the grant. OR

Direct City Manager to move forward with the Union Pacific Trail Phase Two project, as recommended by the Parks and Recreation Commission, and appropriate $330,000 from Park Dwelling (Fund 39) fund balance to Project 54260 Union Pacific Trail Phase Two Project in Capital Projects Fund (Fund 74).

Before the Item could be presented, Mayor Pro Tem Whitaker asked that it be pushed back to January 16, 2024.

Over 25 people spoke in favor of the trail.

The motion to bring it back to the City Council on January 16, 2024, passed 3 to 2 (Charles and Zahra voted No).

Annual Rotation of Mayor and Pro Tem

The City Council / Successor Agency / Housing Authority / Financing Authority appoints a new Mayor / Chair and Mayor Pro Tem / Vice Chair annually.

Recommendation:

1. The City Attorney conducts nominations for Mayor / Chair appointment.
2. The mayor conducts nominations for Mayor Pro Tem / Vice Chair appointments.

Nick Dunlap rotated into the Mayor/Chair seat, and Fred Jung rotated into the Mayor Pro Tem/ Vice Chair seat.

District 5 representative Ahmad Zahra was bypassed for the third year in a row. District 5 consists of the downtown businesses and south Fullerton residents.

Read the article “Latino Majority District 5 Disenfranchised Again.”