– Item #3: Monthly Committee Activity and Attendance Report

– Item #7: Proposed Lease Amendment for City-Owned Real Property Located at 120-140 East Santa Fe Avenue – Fullerton Transportation Center to Bushala Brothers Inc.

Item #3: Monthly Committee Activity and Attendance Report

Council Member Dr. Ahmad Zahra removed item #3 from the consent calendar for further discussion at the request of Mr. Todd Harrison.

Todd Harrison: Thank you, Ahmad, for pulling the item at my request, and thank you, Mayor Pro Tem Dr. Charles, for your insights regarding the workings of this Council’s committees and working groups. As a member of the Senior Advisory Committee, I can confirm that it meets infrequently and has limited opportunities to engage the entire Council. The process is slow; it takes a minimum of three meetings for committee members to propose an idea, discuss it, and then vote on it as an agenda item. After that, city staff must work on the item and prepare a report for us, which can take up to a year. As a result, our committee’s progress is quite slow.

The standard report from the clerk does not adequately inform the Council or the public about our activities without reviewing the supplemental materials. I pulled this item for the sake of transparency and public understanding, and I’m pleased that we were able to report on what our committee achieved at the last meeting, which filled one of the four pages of supplemental materials. By the end of the year, our committee, with the help of city staff, will present a detailed report to the City Council, which our committee will have voted on.

If any such report typically ends up on the consent calendar, I will ensure it is pulled and becomes an agenda item. I recognize the hard work city staff puts into their reports, and I hope that a staff member will have the opportunity to present their report to all of you so that I can provide commentary on it. We have compiled a list of the most pressing issues that we need to address.

Yolanda Harrison: One concern I have is that the timer begins counting down as soon as a person approaches to speak, which cuts into their valuable time. Aside from the most recent meeting, I’ve been present at all the Senior Committee gatherings as Todd’s wife, and I’ve noticed that the committee has limited authority. It takes at least six months from the time a topic is selected for discussion to when a vote takes place. They decide on an item for the following meeting’s agenda, and the staff reports back at the third meeting, resulting in six months of lost time. I think the Senior Committee should meet every two months instead of every three, depending on the availability of the seniors involved. The current pace of change is too slow, and I feel that City Hall and the Council have hindered the committee’s ability to operate effectively. Also, I just celebrated my 53rd birthday two days ago, and in two years, I’ll be eligible to join the Senior Committee when I turn 55. I’m looking forward to it.

Zahra:  I have some questions for the staff. First, I understand the frustration with slow government. Would more frequent, bimonthly meetings be more efficient for the committee to achieve its goals? I’d like us to consider that as an option. My other question is whether the report will include actionable items for us to consider, as that would be very important. If good ideas are generated, we want them to lead to action.

Harrison: I understand that is very much the intent. If we want to provide specific, concrete actions for this Council to take, that can be arranged. My request to staff is to ensure that when the item comes forward, it is presented with the intention of being actionable rather than just for receiving and filing.

Zahra: Can we agendize this to consider a bimonthly schedule?

City Clerk Lucinda Williams: I’m not sure how that decision was made. If the Council initially set it, it would need to be brought back to us. I can look into this.

Zahra: I’d like to pursue that option; I don’t think it’s too much to ask. If it comes from them, we should honor it.

Jung: Agreed, staff has direction on that. Are there any other comments or questions? All right, this is a receive and file.

Item #7: Proposed Lease Amendment for City-Owned Real Property Located at 120-140 East Santa Fe Avenue – Fullerton Transportation Center

Mayor Jung: We will now move on to item number seven, which was pulled at the request of staff to continue this item to a specific date: July 15th, the second meeting in July. Madam City Clerk, do you have any updates to provide to the public?

City Clerk Lucinda Williams: Other than that, members of the public wishing to speak on this item can do so regarding its continuance to July 15th. If you have other comments, you may present them on the 15th.

Council Member Dr. Ahmad Zahra: So it is not going to be July 1st as it states in this agenda?

Jung: Council Member Dunlap is unavailable on that date and has requested and asked for grace for the item be continued to July 15th.

Zahra: OK, Also, could we clarify for the public the reason for this continuance?

Deputy City Manager Daisy Perez: Yes, the staff is requesting to postpone this item to clarify some language in the agreement itself, specifically regarding Section 7. Read agreement below.

Jung: We will now open the floor for public comments on the continuance of this matter.

A community member:  I will return to speak more directly, but I want to express my concern about what I believe to be a gift of public funds, which is illegal. I plan to consult with legal staff regarding this matter.

A resident: I have a question. Are you only reviewing certain aspects of the item, or can we request that specific things be reviewed while this is postponed? For instance, I think it’s concerning that the item was on the consent calendar without the parties’ names listed in the title. Additionally, it seems that Mr. Bushala is only paying $22,000 per year for the existing space, which is actually less than what I pay for my apartment, and my apartment is under 1,000 square feet. I would also like clarification on the rent credits—75% off the $45,000 for the new land.

Jung: You may direct those comments to the City Manager, who will be happy to respond.

Jose Trinidad Casteneda: Thank you for supporting the continuance to July 15th so that we can have more discussion. I see no issues with any of the legal agreements presented in item 7. This appears to be a very general, straightforward agreement, consistent with what I have seen in other cities reviewing similar consent calendar items. This seems very clear and does not warrant the theatrical concerns that I have heard.

Caller: I don’t know if I’m supposed to wait. I don’t really understand what continuing means, but I would like the City Council to remain consistent with their previously stated priority of fiscal responsibility. They are currently with Bushala Brothers, Inc.

Jung: Ma’am, please focus your comments on the continuance, not on the matter itself. Please wait until the 15th if that is the Council’s decision this evening.

Caller: I have to say, I don’t understand what that means. Am I not allowed to speak on this item?

Jung: I will let the city attorney clarify that for you.

City Attorney Dick Jones: The matter is being continued to July 15th, at which point you may engage in a full discussion regarding the items. Tonight, we are only discussing the continuation, so you are welcome to express your thoughts or questions on the 15th.

Caller: I find it frustrating that we are continuing this matter because there are people present who want to talk about it now. This is disappointing and may lead the public to feel that the Council is not interested in hearing what we have to say. I will yield my time.

Curtis Gamble: I am an activist for the homeless, veterans, Cal State Fullerton students, OCTA bus drivers, and seniors.

Jung: You need to come on. You, you know the rules. Please keep this in the parameters of the topic.

Gamble: OK. Anyway, I just like to say that on this item, I support continuing it. And at the same time, we shouldn’t give away the city’s money. This is a bad deal. Absolutely bad. It’s the biggest giveaway.

Jung: You’re now extending beyond the grace.

Gamble: It is so bad, though. We shouldn’t do anything like this.

Steven Sharing: I’m a resident of Fullerton and commissioner on the Transportation and Circulation Commission. I just wanted to note that I believe that all members who want to vote on this on July 15th should recuse themselves from this vote if they have taken any money from the Bushala Brothers or the Fullerton Taxpayers for Reform PAC, I think that would be the best way to proceed in all ethical inquiries on this item and I ask that staff please look into that and advise Council appropriately.

Last caller: Thanks for continuing this item. When it does come back, I’d like to request that we include what the average fair market value is for this type of real estate that’s going in North Orange County because it seems that the current leases is way under like probably 1% or so of  the current market value for rent and I would like to have that as part of the public record, and I agree with the gentleman saying that if you received campaign funds from Bushala Brothers or their PAC, you should probably recuse yourself from the votes.

Jung: Mr. City Attorney, I’d like you to answer regarding the closed session item for our consent calendar items. Why are why do we put things on the consent calendar?

Jones: Consent calendar items were arranged by the city manager. The city manager and the city clerk typically meet the week before the council meetings. Where the city manager makes a determination. Based upon this procession was items he places it on the consent or regular agenda item. The only difference is an analysis that he believes that the little debate based upon the conversation. My guess is the least coming back will probably be on the regular agenda.

Jung: understood and that analysis by the city manager with the deputy City manager here is based on without disclosing things that are proprietary to closed session discussions that were had in that closed session, correct as to why this is on consent calendar.

Zahra: I may follow up. It is sometimes at the discretion of city manager, but we also must acknowledge that our mayor presides over the agenda as well. So I think that needs to be clarified.

Jung: Indeed I do.

Zahra: When this comes back, I would like to see some comparisons regarding fair market value. I believe clarifications need to be made for the public. Additionally, I would like to see comparisons with other city leases as a point of reference. We have leases with Summit House and the Boys and Girls Club, and I would like those to be included for comparison. I think you will find the results quite surprising.

Mayor Pro Tem Dr. Shana Charles: I have heard from numerous people who are interested in discussing this issue. When I mentioned July 1st as a potential date, several expressed that they would be on vacation. Therefore, I am glad that we have chosen July 15th as the new date, and I am happy to support and make a motion for that.

I would also like to make a request: it would be helpful if the relevant parties could be present during this discussion. Having them in the room would allow for open dialogue about the entire process, the benefits, and the details of the contract. I have found that having the applicant or the other party present is helpful during contract discussions, so we can engage in a more productive conversation. Since they are not here tonight, I assume they are aware of the continuance, and I hope they will be available to join us on July 15th.