City Council 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

PUBLIC COMMENTS

Liza Boone and Tammy Hill became the new proprietors of 1555 W Commonwealth, formerly the Joy Learning Center. It is going to be the Family Heart Preschool Center. They are awaiting licensing but are opening their doors to the public for homework tutoring programs in Grades one through six. Find out more at: http://www.familyheartlearningcenter.com

Zee: Spoke about no response from representatives at Republic Services. Zee, along with other community members, never received the reimbursement that was promised by the City and Republic Services for not picking up waste due to the strike in December 2021. Zee also thanked Councilmembers Dr. Ahmad Zahra and Dr. Shana Charles for putting the Union Pacific Trail back on the agenda and credited their efforts as catalysts for the community win.

Todd Harrison said that he and his wife, Yolanda, are still housing endangered residents of Rancho La Paz. The City Council repeatedly failed to hinder mobile home park owner John Saunders’s plans to convert Rancho La Paz SENIOR mobile home park to an all-ages mobile Home Park, thereby ending rent subsidies for approximately 300 fixed-income seniors who bought mobile homes in the park. There are several examples of cities successfully stopping such conversions elsewhere in California. The city attorney Dick Jones mistakenly advised the council on the legal issues related to this, saying that nothing could be done. In the context of Fullerton’s agreement with the state about the new housing mandate numbers and policies, the plan to make Rancho La Paz an all ages is one step along a timeline on his plan to make it possible to close the Mobile Home Park. This is proven by Saunders’s history of mobile home park purchases, where he has done this and posted instructions to other mobile Home Park owners on how to make money off their ownership, with their eventual closing to use the land commercially, which is stated as the goal. The current step of removing age restrictions is clearly listed as a way to raise rents and income while driving away homeowners. Residents of Rancho La Paz are fighting the conversion and have gained at least six months of delay.

“But we cannot stop Mr. Saunders all alone. We need your help to save our seniors,” Mr Harrison concluded.

Yolanda Harrison said that despite her mostly invisible disabilities and multiple other health conditions, she stood to speak for those who couldn’t or can’t, along with her husband, who was the duly elected representative of the Rancho La Paz Senior Mobile Home Park’s HOA, who are still fighting for their homes.

“That predatory landlord, John Saunders, and his cohorts have broken every lease that remains in the park. Even if the residents don’t sign the new rules and regulations, they come into effect by the new school year. It wasn’t only the homeowners but also the renters who did not want the park turned into an all-ages park. John Saunders, in his very predation, chose December as the time to sledgehammer new rules into place; even as he allowed the property to dissolve into a slum, he knew that we would be unable to fight him as many of the seniors were visiting family. Instead, you could have been our heroes; you should be ashamed of yourselves.”

Woudarek referred to an article in the Fullerton Observer that said the city passed an ordinance that prevents homeless encampments within 25 feet of critical infrastructure.

“You have an attorney here. What legal advice does he usually render to the Fullerton City Council? There is a landmark case that was passed: the case of Martin versus Boise.”

[In 2009, after a local homeless shelter in Boise closed, six people were cited for violations of a city ordinance that makes it illegal to sleep on public property. One of those people, Robert Martin, and the others, represented by Howard Belodoff, filed a lawsuit challenging the constitutionality of an ordinance that punishes someone for sleeping outside when they have nowhere else to go. In 2019, the U.S. Supreme Court declined to hear an appeal of the case, leaving the precedent intact in the nine Western states under the jurisdiction of the Ninth Circuit, which includes California. In 2021, Boise settled the lawsuit by agreeing to spend $1.3 million for additional shelter spaces, $435,000 for the plaintiffs’ attorneys’ fees, and agreed to amend ordinances on public sleeping as well as to train their police not to arrest people or issue citations when there is no shelter space available. People who are offered appropriate available shelter space but refuse to go could still be cited under the settlement.]

“You cannot come up with any law, regulation, or bylaw to outlaw camping on public property. In 2023, California expanded and said you can not arrest a homeless person on public property. It is unconstitutional and in full violation of the 8th Amendment. I hope your attorney is aware of that,” said Woudarek. “I wonder why people hate homeless people. We are dealing with human rights. Right now, it has been flooding since Sunday. There are people who don’t have a place to sleep. This council has wasted millions and millions of dollars. They pay over a quarter of a million to just a single person. Why can’t we buy even one whole apartment [building] and put people there? There is no prudential management of public funds, and that is very bad.”

He recommended a book called It’s Our Time to Eat and told the council that they better have a moral conviction on how they use public funds.

Curtis Gamble repeated his usual list of facts on homeless shelters and resources – among which was added the 13,000 + homes to be built – and various new grants for the homeless.

Julie said that since mid-October, the U-verse 99 no longer works to watch the city council. The City Clerk said they would get that resolved.

Approved Items on the Consent Calendar

1. January 16, 2024 Meeting Minutes
2. Treasurer’s Report Ended December 31 2023 Received and filed
3. Firehouse Subs Public Safety Foundation Grant
4. Clean River Purchase Order for Recycling Containers
5. Tech Logic Purchase Order for Library Materials Handler
6. Professional Engineering Consultant Services Authorization
7. On-Call Real Estate and Land Use Advisory Services Agreements
8. Museum Operation Agreement Second Amendment
9. Crown Area Water Main Replacement Contract
10. Rancho-Verona Area Water Main Replacement Contract
11. Raymond Grade Separation Post-Construction Configuration
12. Basque Avenue Rehabilitation Contract

Item 13: Noise regulations and standards municipal code amendments (Continued from December 19, 2023 Meeting)

Zahra asked how feedback from the public and businesses helped with the ordinance. Staff said there was overwhelming support for outdoor music. He asked about the train whistle – and was told that the city could not modify the state regulations on train whistles without infrastructure changes, which would be expensive.

Mark Storm, the consultant, said decibels in the mid-60s were average at multiple locations currently. Whitaker said speech can be up to 70 – so these seem low. Mr Storm said background ambient noise could include where it says “No Entertainment after 10 pm.” Whitaker asked if that meant no outdoor but okay for indoor. The staff said yes.

Public Comments for Item 13

Josh Ferguson said, “The whole mess has been going on for years. One quote given during the presentation, “The path to enforcement already exists today,” is horrible because it’s not being enforced. It has never been enforced, and the council should not just send it back, but send it back with direction to find out what enforcement will actually take place in the city because one example given was that the chief can revoke entertainment permits.”

“Last I checked,” Ferguson continued, “there were 13 businesses with violations of alcohol control, and that requires that business be dragged before planning, and that has happened only twice. So there is no enforcement in the city.”

He said he went downtown with a decibel meter and found that the current 55 is nonsense because it factors in ambient noise.

“To take an accurate measure of ambient, you would have to have all bars shut down, or you are conflating with the noise that is happening. The actual ambient is between 55 and 60 when you are near roads. When you are away from that, it is much less. You don’t have to enforce from 50 feet away –you bump into sound from another bar. Check what OSHA says about sound. If you set the level at 75 from 50 feet away – it would have to be 180 inside, which endangers the staff and employees. We have all kinds of sound barrier devices, so why would it have to be any higher than the ambient? 9 of 13 businesses after midnight were 80 to 85 decibels – where is the enforcement?”

Zee said consistency is a quality of a well-run city – he agreed with Ferguson that 13 violations only resulting in two coming before planning is not consistent or fair to business owners. What’s the penalty? There’s no follow-through. It should be done without favor.

Reifer said decibels are going up by 10 – 25 decibels. We should have a CEQA study, but it should just be in the C3 zone.

Council comments

Councilmember Dr. Ahmad Zahra said Ferguson has some good points.

Staff -There are enforcement levels, but they are unenforceable since all of downtown is already above 55 (which is the conversation level). All businesses downtown are in violation. New levels are more realistic. 65 is ambient – violation is 75.

Councilmember Bruce Whitaker said years ago, it was amplified music with doors closed. “I would be in favor of sending it back to planning for more tweaking.”

Councilmember Dr. Shana Charles said she was more concerned that the level was too low for fun and reasonable levels. She asked, “Will this pertain to areas beyond downtown?”

Staff – Most of the city is in C3, and G-C is concentrated from Harbor from Commonwealth to Chapman.

Mayor Pro Tem Fred Jung said residential is separate from what we are talking about. It should go back to planning and include that aspect.

Staff – for ease of readability and clarity around the commercial zone. Outdoor speakers and amplified music are not allowed now – enforcement is impossible because everything over 55 is a violation. The penalties are in place so that we have a track record and are set by the state.

Dr. Charles said the planning commission had already approved this unanimously. She made a motion to add Jung’s concern and pass this tonight. Zahra seconded.

Mayor Nicholas Dunlap said, “85 Decibels on the sidewalk is ridiculous. Fines should be higher. I would like to see it return to planning to add a separate residential zone.” He then countered the motion and made a motion to send it back to planning.

Dunlap’s motion passed. 3-2. (Zahra, Charles no)

Item 14: July 2024 Special Event Celebration Options

Staff asks whether to hold a City-hosted special event this July as a Fourth of July event on the California State University, Fullerton campus, or downtown. Alternatively, a special event like Founders Day in July could be possible.

Proposed Motion: Direct staff to present a budget amendment at a future City Council meeting to request increased funding for the Fourth of July Event in Downtown Fullerton. Three options with increased costs of $195,000 to $280,000 were presented.

Public Comments on Item 14

Lloreda said Cal State options are too expensive ($280,000). She said the council should narrow it down to the downtown plaza with day and night events.

Gamble said, “I don’t support fireworks or these options. You might not like the homeless community, but residents have said homeless issues are at the top of their concerns. We have to put priorities in order – no fireworks – approve nothing until you deal with people dying on the street.”

Zee said he liked a daytime event for families to celebrate history. He encouraged his neighbors to bring fireworks to the area designated so he didn’t have to water down his roof.

Milton said, “We are supposed to celebrate with fireworks and fun. The daytime celebration we used to have was good.”

Arnel Dino said he had been part of a group trying to bring fireworks back for July 4th.

Council Comments

Dunlap said downtown seems the best choice for bringing even more people downtown.

Dr. Zahra agreed with Dunlap. “I like the idea of a parade, and a drone show would be unique,” he said.

Dr. Charles also agreed and said she would like to see the Latin band, Korean entertainment, and other cultural entertainment. Whitaker favored Cal State because it was bigger.

Jung could not be heard in chambers or online.

Bringing the celebration downtown was passed unanimously

Item 15: Safe and Sane Fireworks sales

Last year, 27 groups applied for fireworks stand sales permits, and 15 groups were selected by lottery. The fee has increased based on actual costs incurred by the City in providing services.

Gamble said that as a veteran, he thought everyone should be included, even people experiencing homelessness. When people are left out, I feel the need to include them. It’s hard to be happy when people are dying.

Dunlap agreed that he didn’t like raised fees.

City Manager Levitt said there should be a $2900 and $3000 option phased in over years so that the sticker shock would be less.

Jung said the costs aren’t passed on; the fireworks company sets the price. He motioned for $2900 to be the fee, which Dunlap seconded.

Charles said, “So the cost to the city is $4,000, and we are phasing in fee increases beginning with $2900?”

Passed unanimously

Item 16: The Second Quarter Financial Report

The budget report was received and filed. Second Quarter Financial Report for FY 2023-24. The FY 2023-24 Mid-Year Budget Amendments and authorize the City Manager, or designee, to make amendments to the FY 2023-24 Adopted

The budget was approved.

Item 17: City Manager Employment Agreement

A measure passed unanimously authorizing the First Amendment to the city manager’s employment agreement as well as to the proposed resolution for council-appointed employees. Eric Levitt was appointed as City Manager in May 2022. The amendment is an increase in the base salary from $250,000 to $270,000, and a 2nd provision adds a $350 monthly flex credit to be applied to the medical benefits, which include —health, dental, and vision.

The City Manager’s raise was approved and passed unanimously

Appointments & 2024 SCAG Delegate and Alternate

Councilmember Dr. Charles appointed Cal State Fullerton student Andrew Galusha to the Active Transportation Committee.

The council selected Mayor Pro Tem Jung as the Southern California Association of Governments (SCAG) Delegate, and the alternate as Councilmember Zahra.