City Council Notes: Tuesday, January 16 Meeting

By Staff on January 28, 2024

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

Awards and Recognition

Councilmembers Dr. Zahra, Dr. Charles, Mayor Dunlap, and Councilmember Whitaker presented Mayor Pro Tem Jung with the certificate he is holding to recognize Korean American Day.

Korean American Day, January 13th

Mayor Nicholas Dunlap, on behalf of the entire Fullerton City Council and the community of Fullerton, presented to Mayor Pro Tem Fred Jung a certificate for the proclamation of Korean American Day on January 13th, 2024.

The Certificate read: “Whereas the history of Korean immigration to America began as 102 courageous Korean men, women and children ventured across the vast Pacific Ocean aboard the S.S. Gaelic to Hawaii on January 13th, 1903. On January 13th, 2024, the Centennial Committees of Korean Immigration and Korean American Communities throughout the United States will celebrate Korean American Day.”

ADOPT-A-PARK VOLUNTEERS HONORED

Adoptive-A-Park program was approved by the Parks and Recreation Commission on March 8th, 2021, and adopted by the City Council on April 6th, 2021. This program allows community groups, civic organizations, and private businesses to contribute to maintaining and cleaning trails and parks in the City of Fullerton. Participating groups commit to a year of effort conducting cleaning sessions once a month in designated locations.

The Adoptive-A-Park programs encourage groups to pick up litter, maintain picnic pavilions, clean park equipment, and pull weeds. They also actively report any needs or any needed repairs or instances of graffiti. This is a great way for community groups, civic organizations, and private businesses to get involved. The Adopt A Park program applications are available on the city website at the City of Fullerton Parks and Recreation page.

The City recognized the volunteers: The Bastanchury Creek Greenbelt Committee, Wilshire Ave Church, the Fullerton Bears, Fullerton Sunrise Rotary, Christina Gardner, One Arc charity, Call Gift Foundation, Friends of Coyote Hills, the Halo Club, Ocean Subaru, and the National Charity League.

31 YEARS OF SERVICE: Ann Gread

Council recognized Ann Gread from Fullerton Heritage for 31 years of service to the City of Fullerton. She is an active board member and now Fullerton Heritage’s vice president. Congresswoman Steel also sent a recognition certificate. Other Fullerton Heritage members joined Gread to congratulate her.

Mayor Nicholas Dunlap presented a recognition certificate to Daniela Borruel

Daniela Borruel from Sunny Hills High School was recognized for her achievements. She was the player of the year for tennis singles. She won the 2023 Freeway League team champions, Freeway League MVP, CIF girls tennis singles champion for 2023, competed in Division Two, and was a member of the Sunny Hill team who was 2023 Freeway League Champions. She was 58 and 0 overall in CIF. Borruel was undefeated this year. She’s the two-time CIF Girls Tennis Singles champion for 2021 and 2023. She was a finalist for the CIF Division Three team in 2021, a three-time Freeway League MVP, and a two-time Freeway League Team champion in 2021 and 2023. OC Register named her Athlete of the Week in 2021 and 2023. She was also Girls Tennis High School Player of the Year for all high schools in California in 2021 and the Sunny Hills Girls Tennis Team Captain in 2023.

Appointments

CITY REPRESENTATION – REGIONAL ADVISORY BODIES AND WORK GROUPS

Councilmember Dr. Shana Charles was appointed to the Orange County Vector Control Board. Mayor Pro Tem Fred Jung was appointed as the alternate. The term for the Primary and Alternate representatives expired in December 2023. Staff recommends City Council appoint a representative and alternate for the upcoming term and specify whether the appointment has a two- or four-year duration. This agency allows public member appointments.

• Investment Advisory Committee: City Council Members serving on the Investment Advisory Committee serve one-year terms, expiring at the end of December each year. Mayor Jung served as the Primary Member, and Mayor Pro Tem Whitaker served as the Alternate Member on the Committee in 2023. Traditionally, the Mayor and Mayor Protem serve as the City representatives and alternate to the Fullerton Investment Advisory Committee. Staff recommends City Council appoint two City Council members to serve as the representative and alternate on the Investment Advisory Committee through December 31, 2024.

COMMISSION / COMMITTEE / BOARD APPOINTMENTS

Mayor Dunlap made the following direct appointment:

Community Development Citizens’ Committee – unexpired term ending December 31, 2024.

Mayor Protem Jung made the following direct appointment:

Library Board of Directors – term ending December 31, 2026.

Council Member Charles made the following direct appointment:

Library Board of Directors – term ending December 31, 2026.

Council Member Zahra made the following direct appointment:

Parks and Recreation Commission – unexpired term ending December 31, 2026.

PARK DWELLING FEE ALLOCATION & PROXIMITY REQUIREMENTS FOR FUND EXPENDITURE

The City Council requested a review of Park Dwelling Fees and Fund administration and to consider requiring fees used within a certain distance from the new home construction initiating the fee. Staff presented this item to the City Council on October 17, 2023. The City Council voted to continue the item to a future meeting.

Recommendation: Direct staff to pro- ceed with one of the following options: Option 1: Make no changes to the Park Dwelling Fee ordinance to allow the use of funds throughout the City. Option 2: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City to use 50% of fees collected from housing development projects with more than 20 dwelling units within two miles of that housing development project.

Option 3: Direct staff to prepare an ordinance amending Fullerton Municipal Code Section 21.12.040 to require the City to allocate 50% of fees collected from housing development projects with more than 20 dwelling units to the park(s) located closest to the development project generating the Park Dwelling Fees. This option would prioritize funding for the parks most impacted by the development project while ensuring flexibility to redirect funds to the next closest park if need- ed.

Option 1 passed with 3 votes. Charles abstained, and Zahra voted No.

UNION PACIFIC TRAIL PHASE II UPDATED PROPOSAL

Council Member Zahra requested, supported by Council Member Charles, to bring this item back for consideration on December 19, 2023. City Council continued the item from that. date to January 16, 2024, after council member Bruce Whitaker requested the continuation.

Deputy City Manager Daisy Perez made a presentation on the Phase II Union Pacific Trail project. She showed a chart listing the Grant Deadlines along with what had been provided in meetings over the years. The first performance deadline for the final site design/plans/specifications to be submitted to the state is June 2024. The construction start deadline is August 2024, the Plant Establishment deadline is October 2025, and the Project Closeout package must be submitted by March 2026.

Perez said that staff, following council (majority) direction, explored alternatives with the state agency of any possibility of moving the grant to open UP Park instead but was told that would result in uncertain funding availability and higher city match due to insufficient space for the 176 trees, and lack of community support.

The revised plan includes the potential to build housing along the Union Pacific Trail. The city Housing Element calls for zoning of up to 13,000 new housing units and includes a Housing Incentive Overlay Zone, giving developers proper zoning in the currently general manufacturing zoned area if 10% of the units are affordable.

The revised Union Pacific Trail would integrate the HIOZ and the Rail District Specific Plan, allowing mixed-use, 2 & 3-story, and up to 4-story residential between Highland and Richman Ave.

The 50-foot-wide portion of the trail between Highland and Richman has industrial buildings on both sides. It would include a 12-foot Class I dedicated bike lane and an 8-foot pedestrian- a pathway centered, lighting, trees, and landscaping – and 10 feet of vacant land on each side to provide access to future developments. Private developers would improve these 10-foot-wide portions at no cost to the city as part of future development. Possible uses include outdoor dining.

The portion of the trail between Richman Ave to Independence Park would include a Class I dedicated bike lane and pedestrian path with potential redevelopment on the south side properties.

Two options were presented to the council.

1) Direct CM Levitt to proceed with the updated Union Pacific Phase II plan and appropriate $330,000 from park dwelling funds.

2) Reaffirm the August 15, 2023, council direction to re-approach the State of California Natural Resources Agency and continue to explore an alternate project.

The council unanimously voted to direct the City Manager to proceed with the updated Union Pacific Trail Phase II concept (presented on January 16, 2024) and appropriate $330,000 from Park Dwelling (Fund 39) fund balance to Project 54260 Union Pacific Trail Phase II Project in Capital Projects Fund (Fund 74).

CHIEF OF POLICE EMPLOYMENT AGREEMENT

Jon Radus was appointed interim chief in September 2023 when Chief Robert Dunn left the city to work in Torrance as Assistant Chief of Police.

Interim Chief Radus’ resume includes over 20 years of law enforcement experience with the City of Fullerton, including approximately three years as a police captain and current service as Interim Chief of Police. He has a Bachelor’s degree from UC Berkeley, an Executive Development certificate from California Post, and a leadership certificate from West Point. LAPD leadership program.

Key points of his employment agreement include a 5-year term with an optional 3-year extension and a base annual salary of $249,062 effective January 20th of this year. The agreement also includes a schedule of future salary increases commensurate with the Fullerton Police Management Association. He would receive paid vacation, executive sick leave commensurate with executive employees, and all major benefits. Health insurance CalPERS incentive will be the same as is afforded to members of the Fullerton Police Management Association. He’ll also be provided a city vehicle for use and a uniform allowance, and the city does provide him with a weapon.

The police chief serves at the pleasure of the City Council, with the daily supervision and management delegated by contract to the city manager. The agreement does include a right of reversion during the first five years of the agreement, which means if this employment relationship doesn’t work out for whatever reason, he retains the right to return to his position as a police captain. The Chief of Police position already has a salary in the budget, so there is no additional fiscal impact for the remainder of this fiscal year.

The employment agreement was ratified unanimously.

The newly appointed Chief of Police said, “Honestly, never in my wildest dreams did I think I’d be in this position today. And I’m grateful for the opportunity, number one, to the council for the trust and confidence you put in me to serve an organization that I truly deeply care about, love, and a community I’m grateful to be a part of. I’m certainly looking forward to continuing the things that we started with Chief Dunn. He set a great example for what it’s like to be a community-based Police Department. I plan on continuing those initiatives to work with our community, with which we’ve spent a lot of time and effort building trusting relationships, which will undoubtedly continue. The police have two really basic functions: To reduce crime and the fear of crime, and all that stuff that we do with the community really speaks to that. And so, I’m grateful for the opportunity. I love the organization, I love the community that we serve, and I look forward to the next five years or more.”