About this meeting
- Government Body
- Active Transportation Committee
- Meeting Type
- Active Transportation Committee
- Location
- Fullerton, CA
- Meeting Date
- August 18, 2025
Transcript
1653 sections (from 1,862 segments)
We're gonna call to order the 04/18/2025 regular meeting for the infrastructure natural resources advisory committee. You read the rule.
Chair Suborn?
I am here.
Vice Chair Tuna?
Present.
Member bar Baradwaja.
Oh, you gotta try
it again. I don't recognize that now.
Member It's Baradwaja.
Baradwaja.
We're Manish. You can just say Manish.
But I'm here. Thank you.
Member Klingsberg?
Here.
Member Molina? Is absent. Member Sergeant? Here. Member Zarvas?
Here.
Thank you very much. Alright. We'll now go into public comments. If there's anybody from the public that would like to speak, do we have anybody online?
Nobody is raising their hand.
Alright. Well, there's nobody in chamber from the public that wants to speak about anything. So, if nobody online puts your hand up, then we'll move on to the consent calendar where we have the minutes for 07/21/2025. If there's no if there's no changes needed, can we have a motion and a second?
Motion to approve.
Second.
Alright.
Chair Subborn.
Aye.
Vice Chair Tuna?
Aye.
Member Baradwaja?
That's pretty good. Yes. Approve.
Member Klingesburg? Aye. Member Molina? Absent. Member Sargent? Aye. Member Sarvas?
Yes. Fantastic.
We'll now move on to regular business. We have the water rate study, and I think we have an overview on the ongoing water rate study. This is our second meeting, and it's an opportunity for us to provide some direction.
Thank you.
Hi. Thank you. Good afternoon, the committee. Todd Lay, principal water engineer. Thank you for having staff and Stantec back today, to continue our presentation on the Fullerton water rate study.
I have a much shorter opening this time around. And thank you for your suggestion and comments. Last time it was very helpful for us to develop this second presentation. Stantec will present on a recommended option with two different scenario today, off of the four options that we showed you last time. Also, Stantec's, the first scenario is one of the original options from last month with some minor adjustment to it.
And the second scenario is the first scenario with an option for advanced meter infrastructure, AMI improvement. Additionally, StanTech will also discuss the next step, cost of service rate design. Staff is, requesting, your feedback on this. If you don't have any questions before we begin, I'd like to hand it over to Stantec, mister Benjamin Stewart.
Thank you. And I'll, please ask the the committee to please hold comments and questions till after mister Stewart has a chance to make his presentation.
Okay. Thank you.
Thank you.
Okay.
Good evening, everybody. Thanks for having me back with you again today. As Todd said, I'm going to be revisiting the rate study, bringing you some slightly modified scenarios narrowed down to two scenarios and then discussing where we go from here. Before I fully dive into everything, can everybody see my screen?
Yes, we can see it.
Excellent.
Okay. So today, we're going to quickly just kind of revisit what we discussed last time, just kind of a reminder of the topics of discussion during the last meeting. We'll touch on the rate setting process again just as a bit of a review to understand where we are today and where we're going. Then we'll dive into those financial planning scenarios that we've mentioned. And hopefully, looking to you all for some direction in terms of a preferred scenario with which we can move forward.
Because then from here, we will be diving into the cost of service and rate design steps. Models are largely set up, but an important input, the most important input, is the financial planning scenario. And so we'll talk a bit today about what that cost of service and rate design process looks like in a bit more detail, and then we can end with discussion and questions. So when I was with you all about a month ago, we provided a bit of background on what we did in the 2018, 2019 rate study, some of the changes that we made to the rate structure and just what was what we were thinking about at that time. We talked a bit about the underlying data and the assumptions that were embedded within our financial forecast.
We talked about some of the things that have changed since that last study, things like inflation and other updates since 2019. A lot has happened since that time. And we talked about four different financial planning scenarios looking at different pipe replacement goals and levels of ramping up to those goals as well as different timing on the non pipe related projects just to kind of understand the range of rate increases that we might be looking at under each of these different scenarios. And then at the end of the presentation, in the discussion, we talked about alternative scenarios that we might want to see and some topics for the future presentation. So that's today.
And hopefully, I've incorporated all of that feedback. So again, we looked at this during the last presentation, but I just think it's helpful to kind of rebaseline where we are in this process. Right now, the focus of today's discussion is on the revenue sufficiency part of the analysis. So this is where we're really answering the question of how much revenue do we need in the near term or the medium term to meet all of our financial objectives, to fund our O and M, to fund our capital program and meet our policy targets. So that's where we're at currently is that how much question.
At the end of this presentation, I'll talk a bit about how we get then into the next two steps, which answer the question of from whom do we need to collect these rates, and that's where we get into cost of service and how we allocate the cost. And then ultimately, how are we going to collect the revenue, and that is the rate design step. So we talked a little bit about this during the last presentation, but to talk a bit further about what's happened since the last rate study. One of the biggest changes that we're all very well aware of by this point is inflation. We had rate increases during that last study that were going to allow us to increase the pace at which pipe was being replaced, and that has happened.
The pace of pipe replacement has increased. But other things have happened that are outside of the city's control. And so I really wanted to just kind of reiterate that point with these three figures that we see on this slide here today. And these are really all related to that capital cost, capital improvement program cost impact. And so you can see that since I'm looking at this from basically since the last rate study, 2019, of course, the pandemic and then some significant inflation after that.
And you can see that construction materials have increased by over 45 since 2019. Construction machinery has increased by over 36% And water pipes and fittings have really jumped since 2019 up to a peak of 140% increase around 2022, 2023. It's come down a bit since that time, but it's still about double what we were seeing back in 2019. And so all of these things have also factored into what we're looking at today when we're looking at capital plans and a significant component of which is pipe replacement. So that's what we're kind of trying to address here with these rate increases.
Additionally, within our forecast, we're including the hiring of additional staff to meet the goals of the master plan and to help with delivery on capital projects. And yes, so that's really some of the drivers of the rate increases that we're seeing today as we get into these different scenarios. So a few modifications that we've made to the model or to the scenarios since the last meeting. Number one, we clarified that while we're hoping to get rates passed by January 2026, the implementation date would not be until 07/01/2026, which is actually fiscal year 2027. So within the model, we're delaying implementation of updated rates until 07/01/2026.
That will look a little bit different. We also looked more closely at those non pipe related projects. And you'll recall that during the last presentation, we basically moved those two projects or those that group of projects in two different ways. It was either as scheduled from the master plan, which put them all up within the first three or four years, or the alternative scenario was pushing them out into the more 2,030 to 2 and 35 range. And so what we did in this update is take some of those important non pipe related projects and just distribute them throughout the first five years of the capital plan.
So they come in at around 3,000,000 to $3,500,000 per year over those first five years in those non pipe related projects. The other thing we modified was to adjust the distribution of the capital costs. We originally had each of these projects, the entire project cost in the year in which those projects are to be budgeted. And so a $2,000,000 project was hitting entirely in one year. That's not really how these projects usually play out.
There's more of a multi year distribution of those costs with planning, design, construction, closeout, all of those different stages of the project. And so we took these projects and distributed them over three years with a 20% of the cost in the first year to kind of represent approximately some planning, design, maybe some early construction, then 70% of the project cost in the second year, then 10% in the third year for just kind of some closeout type costs. So this is intended to better represent the cash outflow or how these projects are actually paid for over a multiyear period. So that's really kind of forms the baseline scenario, all of those modifications. And then we've added a new second scenario where, as Todd mentioned, we include the potential to add advanced metering infrastructure at about $2,500,000 per year investment starting in 2027 and carrying out over the rest of the forecast period.
So the first scenario that we're going to look at, I think it's still helpful to just start with a scenario where we don't implement rate increases, we keep the rates fixed, and we can see exactly how far that can take us, how many years is it before we fall below our fund balance targets or fall into the red. Then we go to our first scenario, actual scenario of rate increases. And in this scenario, we are including that ramp up schedule in pipe replacement, starting with five miles of replacement in 2026 and 2027, six miles in 2028, and then seven miles per year thereafter. And then like I mentioned earlier, we kind of redistributed those non pipe related projects over that 2027 to 2031 time period. Part of the thinking on this scenario with the pipe ramp up and the distribution of those non pipe related projects was also accounting for that fact that we have also included adding additional staff to the team.
And so the idea that we're ramping up our capability to deliver on these projects and ramping up on the projects that we're completing every year. Then the second scenario of rate increases we'll look at is scenario one with the AMI added. So we've kind of changed the view on how we're looking at these scenarios, tried to simplify things a bit, really just focusing on what are the rate increases, what would the typical monthly water bill look like with those rate increases, And within those scenarios, what does the capital plan look like? And what is happening to our operating fund over the next over this rate setting period? And so obviously, you can see pretty clearly here with no rate increases over the next five years, by 2027, we're below our reserve targets.
And by 2028, we're falling into the negative on our fund balance. So this is obviously not a particularly viable plan, but I think it's helpful to just kind of level set on how far our existing rates could take us. So now if we look at the first actual scenario of rate increases, this is with that ramp up in pipe replacement, distributing those non pipe related projects over the first five years, distributing our project costs over three year periods. We kind of smoothed out the capital plan a little bit, and that's allowed us to do three years of 10% rate increases followed by two years of 7% rate increases so that ultimately by the end of this rate setting period, our fund balance is at the target. We're up to that seven mile per year pipe replacement goal and setting ourselves up well to move forward from there.
So you can see with this scenario, we're currently at a typical bill of about $75 per month at just under 11,000 gallons per month. And so by 2029, we're just below $100 per month and 2,031, up to $114 per month. Our second scenario just simply adds an additional $2,500,000 per year in that AMI implementation. And so you can see that when we add in that AMI implementation, it essentially bumps our rate increases in those first three years up by two percentage points. So we went from 10% to 12%.
And then because we're kind of front loading that a little bit, that 2031 rate increase can be slightly lower, down to 6%. But it is obviously a bit more of an increase in order to fund that AMI implementation. I should just make it clear that within these scenarios, because we are ramping up our capital and we are assuming 100% cash funding of the capital, so we're treating it as pay as you go capital. We are allowing the fund balance to dip below the target for a few years while we kind of ramp up our revenues to meet that, call it a steady state level of cash funded capital that we can carry forward starting in 2030. So then just to compare these two scenarios side by side in terms of that typical single family water bill, monthly water bill, you can see that by 2031, we're looking at about a five dollars per month difference between these two scenarios.
So it's not massive, but it is a bigger larger bill by 2031. So with that kind of understanding of our two proposed scenarios, during the last meeting, there was some discussion about sensitivity analyses, understanding that the future is uncertain, what would be the impacts rate impacts of different changes in the landscape. And so starting with the capital program, we wanted to understand what would yield about a 1% increase in the rate increases or bump in the rate increases. And this shouldn't really be a surprise based on the scenarios we just looked at where we added $2,500,000 in AMI and it increased the rate increases by about two percentage points. Basically for every $1,250,000 in added capital costs, whether that's more projects or maybe projects become more expensive, for every $1,250,000 increase in capital, we'd have to bump our rate increases by about 1% per year in order to meet that need.
Then to look at it a different way, because our financial forecast is pretty heavily capital driven, it's almost a one to one relationship where currently our baseline assumption is capital cost escalation at 3% a year. If that were to jump to 4% a year, we would basically need to raise rates by another percentage point in order to continue to fund that capital. So it's not terribly surprising given the fact that capital is a major driver here, but that just kind of puts it into context. The second component that we wanted to look at from a sensitivity standpoint is what happens if water consumption declines more significantly in the future than we're forecasting. Right now, I think we're keeping it pretty flat.
And basically for every 1% decrease in consumption, we'd have to increase our rates by about 1%. That makes sense. We do have fixed revenue, but I think it's around 40%. And so the other portion of the revenue would be dropping at 1% a year, so we need to raise rates by another percentage point to cover that. Looking at that a different way, if we wanted to see if we didn't change our rate increases and consumption decrease by 1% per year over the next five years, basically our fund balances would get to about half of the target level by 2031.
So if I go back to this slide here where we allow the fund balance to drop below the target for a few years and then we build it back up. If revenue or I'm sorry, if consumption were to go down by 1% per year every year between now and 2031, our fund balance would be about half of the target level. So that kind of concludes where we're at currently on the financial planning and revenue sufficiency portion of the rate study. Just to kind of give an introduction and some context and framing for where we're going in the next steps, we'll talk a bit more about cost of service and rate design. So like I said at the start, this is where we move into the last two steps of the rate study process.
So we're answering the question of from whom do we collect revenue and by how much. That's the cost of service analysis where we're really looking at allocating costs to cost components or functions and then from functions to customer classes. And then from there, get into the rate design step where we then say, how are we going to collect these revenues and that's where we get into things like fixed charges, volumetric rates, tiered rates and that kind of thing. I'm going to talk a bit more about Prop two eighteen in some detail, but it's worth just mentioning right now that really a lot of the challenges of Prop two eighteen and a lot of the Prop two eighteen requirements really come into play in these last two steps, the cost of service and the rate design. I'm sure that folks are familiar with the rate setting process and the Prop two eighteen process, but just for a quick review, is Prop two eighteen requires that the cost allocated or the cost borne by each parcel, the rates paid by each parcel are proportional to the costing that those customers and parcels impose on the system.
And so that's really what cost of service and rate design is really necessary in order to address the needs of Prop two eighteen. And so in this process, right now we're in this cost of service rate study stage of everything. From here, once we get to our proposed plan and our recommended plan, we would ultimately go to City Council to review our proposal and ultimately have city council vote to issue a public notification that then will allow the utility to send mailers to all of the residents all of the and give them forty five days to review the material and issue a public comment or a public protest. And so that's the public comment period. And then finally, after that forty five day period, we would come back to city council.
Those protest votes would be counted. The public would have the opportunity to speak on the matter and voice their thoughts on the proposal. And then ultimately, if there is not a majority protest, so if 50% plus one of the customers don't submit protests, then the city council would ultimately vote whether or not to approve the rates and allow them to be implemented. I think one really important element of Prop two eighteen and as it applies to some of the things we'll talk about today and going forward is that Prop two eighteen really, really, really limits our ability to set rates that are based on policy objectives like affordability, conservation incentives, and other things like that. In other states, you can say, we would like to get to X percent fixed revenue for revenue stability.
You could have that as maybe an idea in California, but you would ultimately have to be able to base it on the cost and why the costs are proportional to that fixed charge. So ultimately, as we go through the cost of service and rate design process, every one of our inputs and assumptions and allocations and everything in the model and everything in the analysis really has to be driven by data and the cost causation and proportionality of costs to rates. There have been some developments since the last rate study that have even further tightened the screws on some of these dynamics. The Cozyar v. Otay Water District case and then even more recently, Pats v.
San Diego has really ratcheted up the scrutiny on tiered rates. And again, going back to my prior slide, the level of detail and the level of rigor that needs to go into basically justifying tiered rates on the cost basis. And so that has to do with, number one, how high the rates are in each tier, but also how much water is allotted in each tier. And they really honed in on this idea that or this question of why is a gallon of water above this level more expensive than the water below that level. And so that's really further intensified the standard for calculating tiered rates.
The second update is the passage of AB two thousand two fifty seven. It was passed in 2024, implemented in 2025. And essentially, it adds to that public comment period, basically saying that if you post your entire cost of service study to your city website at least forty five days prior to that public hearing, so that final vote date, then objections based on non compliance to Prop two eighteen must be submitted before that public hearing deadline. And then if you receive public comments that specifically oppose the rates on Prop two eighteen justifications, then you would address those comments with a written response. Those would then be reviewed at the city council meeting to decide whether or not those warrant an update to the rate proposals or if the agency is comfortable moving ahead and implementing the rates as they are.
One key element of this is and a key change is that if you follow this process, the only topics that you could be sued over essentially would be the issues raised during this comment period, during this comment and response period. So it essentially is trying to address the lack of administrative remedies that were available prior to the passage of AB two thousand two and fifty seven. And so basically, this is giving you the opportunity to, if you think there's a credible objection on Prop two eighteen grounds, gives you the ability to modify your proposal if necessary. And if you and then ultimately if somebody were to sue, the evidence would be limited to those issues raised during this period. Okay.
Enough of the Prop twenty eighteen tedium. Now getting into the actual cost of service process. So with the cost of service study we did in 2019, we really kind of simplified the approach. You may have heard of the base extra capacity method where we look at peaking and the costs associated with the additional capacity in the system to treat or to meet capacity needs and peaking needs. We actually kind of went away from that approach because it relies on a lot of assumed values with peaking factors that are really hard to justify with data unless you have AMI data.
And we really simplified it to say, to boil it down to three cost buckets. We're looking at the commodity costs, which are limited to the water purchases, essentially the source of supply type costs. We've got purchases, pumping and then the conservation program. So this really just narrows the focus down to the Orange County Water District and Met Water costs, the cost of pumping and then it can also include some capital costs associated with being able to provide that water supply. The second cost bucket is the account costs.
And these are really just the costs associated with having an account. It doesn't matter how much water you use, it doesn't matter how big your meter is. These are really costs associated with just general administration, billing, account management, customer service, those kinds of things. And so those costs get allocated to the account cost bucket and that cost ultimately will be recovered evenly across all customers. And then the last cost bucket is what we call the utility cost.
And these are really more of the fixed costs of your system. It's costs associated with the distribution system, the operations and maintenance of the distribution system and the capital. And so those costs are ultimately allocated to utility cost bucket and then recovered through a fixed utility charge that would scale with meter size. So following this approach, which again we implemented during the last rate study, it ends up yielding about 40% to 45 fixed revenue on an annual basis. So that was an overview of the cost of service structure that we were following.
Then when we then move from cost of service to rate design, because we really isolated the commodity cost to those supply related costs, it makes it much more straightforward to then size tiers and calculate tiered rates. So again, going back to the early slides about being able to justify your tiered rates on a true cost basis, we are ultimately recovering the lowest cost source of supply in your first tier. And so this slide is from the last study, but at the time about 75% of the water supply was coming from OCWD. That was your lower cost source of supply. And so we recover those costs within Tier one, and then we also size Tier one at a level at which it account for 75% of the water sales to the residential customer class.
So we can really kind of make this one to one relationship between your low cost source of supply, the amount of that supply, and the rate charged in tier one. Then moving from Tier one to Tier two and Tier three, this is then where we recover costs associated with your higher cost source of supply in met water. And the difference between Tier two and three is that we then add the conservation program related costs to tier three, with the idea being that it's really those high volume users that are driving the need to have a conservation program, and so we recover those costs in the third tier. I mentioned this a little bit on the cost of service slide, but then when we look at the fixed charges, the fixed charges recover the account related costs. So those costs are ultimately allocated to the account charge, and they're basically a fixed dollar amount for every customer regardless of meter size.
Then we add to that the utility cost, and that component of the fixed charge does scale with meter size using what we call a meter equivalency schedule. I've shown the meter equivalency schedule that we've used for your study in the past. And it really just, it aligns the it's a fixed charge basis, but it represents the capacity needed in the system. So if you have a larger meter, even if you're not using the entirety of your capacity on a given day, you have the ability to use that capacity. And so we're recovering those capacity related costs through the fixed charge that scales with meter size.
And so then just to kind of put this all into context in the region, wanted to show a comparison of your typical bills again at that 10,009 gallons per month on a monthly bill. And I'm sorry, should have color coded it differently. But you can see that currently you're a bit below the average amongst your peers. And then just to kind of show where a rate increase would put you, I used the higher rate increase, the 12% rate increase from the scenarios we were looking at previously. And you can see that that basically puts you right in line with the average amongst the peers that we've surveyed.
I should mention that we are looking at these rate increases going into effect at the start of FY 2027. I think it's probably safe to say that every one of these other utilities will probably also be raising their rates in that time period as well. So that average line would probably move up a bit as well. But just kind of as a snapshot of where things stand today, you'd be moving from below average to basically right at the average amongst these peers. And then finally, just to touch on the schedule, we are currently on August 18.
This is the second presentation with you all. We'd be coming back in a month to talk about basically the entirety of the study. We'll have numbers for that cost of service and rate design step. We would have proposed rates. And that would be the final presentation with you all before moving forward to city council in October.
That would be the presentation to council where we would be asking them to vote to issue the public notification, start that forty five day public comment period. And then in December, we would be looking to do that public hearing where we would count the protest votes ultimately vote whether or not to adopt the rates. And then we'd be done. New rates would go into effect if they were passed July 2026. So that's kind of putting us into the timeline.
Still early stages, but we've got a lot to do by October and December. That concludes my presentation. I'd love to hear some discussion, answer any of your questions. Yes, thank you for your time.
Great. Thank you, Mr. Stewart. Appreciate that. We'll open it up for comments and questions from the committee. And I just have a quick one with Prop two eighteen. Is there a limit on the number of years or the percentage of increase that the city could consider for that?
There's not a limit on the percentage increase, but you are limited to setting rates for five years. So you need to do another study or yes, in five years at most.
Okay. Thank you. All right. I'm going to start to my right. I'll start with Member Bardwaja.
Thank you, sir. I've got three questions, and then I'll leave the rest for later so people can ask theirs. So we're looking at a I mean, from what I saw, and maybe I read it wrong, but over five years, a 44% compounded increase, I think that's going to shock most people. I'm assuming you've looked at any other way to deal with that, but I think most people that see that getting into that protest vote, I think most people are gonna immediately protest. I also wanna say thank you for going into the I think it's Cozier versus the Ote Water District.
I actually am a fan of what happened there. But is there any other way to do this and still accomplish the goals set forth by staff? I mean, because 44%, that's going be a big pill to swallow.
Yes, I can try to address those questions. I think starting with the second question first with respect to Cozyar, that case dealt much more with the cost allocation and rate But design in terms of the level of increase, we talked about the possibility of bond financing that would potentially that would probably reduce the rates early on, just depending on how much one would bond find how much you would want to finance. But it would probably then increase some of the rates in the out year. So maybe even beyond the five year period we're looking at right now.
Got
you. That's because of that added debt payment. When it comes to bonding, best financial practice would say bond financing is a totally legitimate and great option when you're looking at singular large projects that are maybe creating a brand new asset, like a new treatment plant or an upgrade of a treatment plant, something that is effectively new and going to benefit multiple generations of customers. So they call that intergenerational equity. On the flip side, best practice would say, you'd really like to be cash funding things that are more repair, replace, renew type investments, so that you're kind of doing that on a rolling basis year over year.
And there's probably some projects that you could qualify as being debt eligible under that paradigm. But much of it is with the pipe replacement being a big component of this, that is much more of the type of project you would traditionally think of as being a cash funded project. Short of that, I mean, it really comes down to if we're concerned about that level of rate increase, and I completely understand that is a pretty substantial increase over five years, no arguments there. It is the only real option, I would say, is scaling back of the capital plan. So if that's delaying some projects or delaying that ramp up in the pipe replacement pace I think we
delayed quite a bit on a lot of things. I think David would agree with us and Jeff. But is there a reason why we're so far behind? I mean why this and I'm not looking for blame on anybody, but does anybody know why we didn't institute some of these things before some of the increases before? I mean, since especially looking at similar cities, we are below what their average is. Does anybody know why we didn't do that earlier?
I don't know. There's a specific answer to that. I think you could look at the city as a whole and say, you could look at our storm drain, look at our streets. Correct. I would offer an opinion that the city in general is not in favor of increasing revenues to address situations. And I think we're coming to a head with that, as you can see.
So years of not addressing it with some forethought. So I'll ask just one more and then I'll give it up to, the four other people to ask. So I would highly suggest that we look at this in conjunction with the tax measure that I think the city is going to try to propose and roll some of that, in with infrastructure and say and look at how much that may be covered, whether it's a half cent, 1%, whatever it ends up being, half percentage point. Has anybody, calculated how much that would probably bring in and would that offset these increases so that we're not hitting people with two different increases like hey by the way not only is the possibility of this tax measure going to increase what you're paying you know with every sales purchase but now you're going to pay an additional 44% compounded increases over five years. Has that been looked at at all?
Yes. I don't think we have
right now.
No. I think the intent at this time is to separate the border and keep that separate from any possible additional or separate infrastructure revenue measures. It would be more focused on the streets than
anything else. We obviously need the streets and the water because I think that's causing some of our street issues. But I would just close with this part right now. I would highly look at that because I think if this passing is subject to protest votes and we're putting forward a possible tax measure, I don't think people are going to go for both. And I think just from a mark I hate to use this term from a marketing perspective. From a palatable perspective, for me at least, I'd rather do one rather than both if we can tie them together. So maybe if that's looked at again, say, hey, look, this percentage, is it a half percent, 1%? Does anybody know what the possible whatever it is, this is what we're looking at bringing in. Maybe it doesn't have to be 44% over five years. Maybe it's 20% because this other measure is going through.
So just from that standpoint I think from a strategic standpoint I don't think anybody can argue that this money is not needed. I don't want to see less projects. I don't think anybody who's looked at our streets and our sewer issues would be okay with that. I think we need it. I would just say maybe we can look at a different way to present it so that's more palatable to the public. Thank you.
And I just want to respond to your first question about the postponement of infrastructure replacement. You know, as you probably already know, Fulton's not the only city that have delayed infrastructure replacement. If you don't know, I came from, LA, and LA at one point, was at between three hundred to four hundred year replacement cycle. And pipes that were installed back in the thirties, forties, fifties, they don't last three, four hundred years. Now they've gone up to at around one hundred year replacement cycle, which is probably still not fast enough to replace those pipe that was stalled during those time.
What we are trying to tackle is those cast iron pipe, which are delayed. I think the last presentation we had like 50% that might be over seventy And years so the impact that potentially could happen, of course, we also may, we've our leak rates have gone down a little bit, but I don't think it could be just a period because we kinda tackle some of the pipes that we're leaking, you know, but they're not gonna last a 100 years, these
And old I think they need to be replaced. I don't think anybody can argue with that. Correct. So
Yeah. I'm glad you understand that. And so that's why we recommend the sixty year replacement cycle, especially for that 50% of cast iron pipe that were installed, you know, back in
the Absolutely.
In the fifties. You know? So Thank you for that. Thank you.
All right. Thank you. Albert Cleansburg.
Yeah. I know we're we're kind of focused just on water pipe replacements, but I think you had also mentioned the other utilities as well. So if we're not just looking at a 40% increase in one utility, I mean, we're looking at multiple utility increases across the board?
I would like to get David to clarify that. This is specifically for water.
Is specifically
water Water infrastructure only. So pipelines, reservoirs, pumps, pump stations, wells, treatment.
But then when we look at are we always also going to see electric and I know we're kind of getting away from gas at this point with more electric but there's other utilities out there. Are we having the same issues with our other utilities or infrastructure as well?
Can you get closer to the mic member, Birdwaja?
If I understand it right, I think what Yeah. What my fellow member is asking rightfully so is, are we now going to have to spend a similar amount or a drastic increase for our electric lines or for our electric infrastructure or for our gas pipes and things like that?
Well, obviously, I can't speak for the gas company Edison. But if you look at past history, trends are up. I don't think trends are going to go down. So I think in general, you could easily argue that additional other utilities will have additional costs as well.
I need a pay increase.
Can we get more pay for what we do here?
Thank you. All of those.
And twice the time off. Yes. All
right. Member service.
Can I ask that we stop the presentation so I can see your face a little bit bigger, Benjamin? Thank you. And thank you for the changes that were made to the I don't know if that's gonna help me. You're still a a small thumbnail on our screen.
I think that's on our side of our I I don't know. Julia, can you adjust that or Christie?
No worries if we can't. I will I will
Make Benjamin a bit bigger. He's earned it.
That's great. Thank you
so much.
Oh, boy. I wanna thank Stantec for making some edits to this presentation based on comments from from the last time. That was definitely noticed and appreciated. Of course, now I'm going to go reference a slide. I appreciate seeing how our rates are comparing to other cities. It appears from that graph though that our fixed charge significantly higher than any of the other utilities. Just is that an accurate assessment? A proportion of the total bill.
As a proportion, yes, it's higher. I don't know if I'd say significantly, but it is at the higher end. It's not the highest fixed charge amongst the peers. But yes, it's higher than a good number of them.
But proportionally, it may be the highest amongst our peers.
Yes, it may be. There's a couple that might be close, but yes, that's at the higher end
for sure.
I think that, that would be an interesting topic for future discussion. I know that I have received comments from others about our about the fixed charge and whether or not that is an appropriate placement for us at being the highest fixed charge proportionally. Second question was about the probably for staff. What is the objection period, right? What is NRAC's role in that forty five day period? Who's making the decision whether you're going to go with an administrative remedy? And is council involved? Are we involved?
Council will get involved at the end of that process. I think we'll staff will obviously receive all the objections, review them. And I would imagine and I would probably encourage that we come back to Interact to review those objections and our proposed responses to them that they would go to counsel.
I I would concur with that. And if we need to make a motion to make it so, I would I would make that motion. I think that the choice here whether or not to exercise that option seems like that this is the first time that that's happened, right, because that that law was passed a few years ago. I wanna make sure that we are protecting the city against future litigation and that we are giving due diligence to the considering those methods publicly. Final question, or I'm sticking to my three question limit as established.
AMI, how did that come about as one of the scenarios that we're looking at? And this would be the time for staff to advocate for why we need to include it in the benefits that we'll receive from that.
Not my area of expertise on the AMI. Richard, will you be able to assist on this one? So AMI has been definitely been talked about for a number of years within the Water division. I think Richard can give a little bit background on why it's we would like to implement it.
Yeah. I think to start is if you look at all the other cities around us, we're the only ones that don't have it. That's kinda the beginning. And then second is it's been mentioned previous times in these meetings that we've had that it's something that we wanted to move forward towards. So we thought we would throw it in there, give you the option. Is it something we might want to do or not want to do? That's kind of why we threw it in this time.
Okay, thank you. It's being the one difference between these two scenarios kind of feels like we're here to decide whether or not we're going to move forward with AMI or not. And I am very much in favor of that, but we do need to weigh all of these other projects. I don't know if that was just the one to remove. There are benefits that come with that though, so that it might make sense to when we're when everybody's getting the shock at seeing that bill to tout the benefits that they're getting from it.
Finally, one comment before I pass it on. Not pictured in here is the cost of delaying some of these projects and increased water main breaks. And so we need to keep that into consideration as we're not going to be delaying any of these projects to save money. They'd be delaying it to then possibly put us in a fiscal emergency later. Thank you. Thank you. I'm going to continue on. Vice Chair, Tuna?
First of all, I definitely agree with and I'm thankful for all the prior members' comments and concerns. I guess what it kind of makes me also want to understand better too is when we see these scenarios for this five year period, we have that scenario zero of not making any changes. By implementing these changes, so we do have this 44% compound pretty much increase, what does that then look like for the next five years? Is that do we have some estimation and some visibility scoping back a little bit to see we're just going to do this again then compound it again and again. Like what is the kind of how can we assuage this and say that we're doing this to get this ahead of it.
So yes, that we're not having water main breaks and all these other severe catastrophes, but it's going to even out long term or we can't make that promise.
Yes. I could speak on that briefly. Within our forecast, we are looking at a ten year horizon. And I'll say that as we have the model set up right now, it's showing that after 2031, kind of once we get our revenue up to that level where we're cash funding this level of capital investment, it is showing much lower rate increases, something more on the order of inflation. But I say that with a big caveat that we to be completely honest, that's what we had said last time.
But then the slides that I pointed at earlier with all of the inflation, that was definitely not factored into the model at that time. And so now we're addressing that issue as well. So I don't want to say that that's a guarantee, but if costs were to increase at more of a traditionally or historically typical level, then yes, I think that it is feasible
that we
would be looking at something more like inflationary rate increases. Right.
I just want to make sure it wasn't like we're seeing now again with that drop down within three years at current rates, we're in negative basically in our fund. So just in it, obviously, can't predict the future despite wanting to. But with all the other cost of living increases and things that our people are facing, it's all adding up around the board as everybody else has said. So I just want to make sure that there is some glimmer of hope should things stay at least as they are mostly.
Yes. That's exactly why we do this with a ten year model, even though we wanted to make sure that the focus was on the period that we're really making decisions on right now. But but that's exactly why we set up our models with that ten year view.
All right. Thank you. Thank you. Member Sergeant?
Thank you. First of all, want to thank you, Benjamin, for the description today. It was very well accepted. It was a good job. I want to pick up on the opening statement coming from Munich.
I have the same concerns that he has with sticker shock. My biggest concern is looking at your budgets and comparing other cities because people don't look at other city comparisons when they get pissed off when their bills come in, especially electricity and everything else. So my biggest concern at this point, I think, is is as a resident, I thought, what would I think if I saw this? Well, first of all, if you come to me and tell me I'm gonna be 45 more than I paid four years ago, what I'm gonna do is get rid of 45% of my usage. So we're gonna lose that money anyway.
You're not gonna retain it. For your fixed cost, you may be able to raise the fixed cost to be a customer charge just like Edison does. You pay a fee for having an account. That you can't you cannot complain because you have to have that and pay that fee for that account. So we'll retain that money. Yes. We will. Because we're saying for us to keep you in account, this is what it cost us. But now if I tell the homeowner, well, you're going to be paying 45% more because look at the water you're using. What the family is going to do is cut 45% usage, and we're not going to get that money.
And that's my what my fear is, is what's going to happen with these charts and all these budgets. And we're all projecting that this is going to happen. They may that may not fall that way. That's all hopeful thinking. Now another thing Nunez said, now we're going to turn around and we're going to say, hey, we want $05 sales tax increase. So how do we kind of go back and say, what's going to be the most success successful plan? You know, we can ask for a million dollars and get a 100,000. But what's going to work the best? I think we're going to be with fixed cost, raise the fee for having the service. But watch what we do with water rates.
Because if we go too fast, we're just gonna lose all the way around. That that's just my comment. And I appreciate, Benjamin, your job was excellent. I understood everything you said and and I saw a lot of red flags coming up through the whole thing. So thank you so much.
You bet. Alright.
Thank you. So a few comments. I do wanna bring up and just kind of mention and maybe we can discuss a little further some of the comments that were made or questions. So I think one thing that the public needs to remember is what got us to this point, and that is years of neglect. And why it happened, how it happened is less of a concern than the fact that we are here, and it is something that needs to be addressed.
And I'm talking about neglect that happened thirty years ago, forty years ago, fifty years ago, and things that didn't get taken care of in the can kinda got kicked down the road a ways. Well, it's time to pay the piper. You know, this is work that absolutely must be done. So that's that's how we got here. I'm a fan of having the higher fixed fee for the meter because in times of drought, in times of reduced usage, there is a baseline cost to have water available, not necessarily used, but available.
And we can't have it available if we don't have the infrastructure to support it. That meter fee goes towards helping support that infrastructure. Being able to have the pump stations maintained, have the meters maintained, have the reservoirs maintained, and the wellheads. And we now have treatment systems that we weren't dealing with ten years ago. That's completely new to the city to deal with contaminated water.
These are things that we have to consider. Again, I'm a fan of the fixed fee or the higher fee for the meter just simply based on those facts as a baseline cost. The sales tax issue. First of all, I think we're getting a cart in front of the horse here a little bit with with even discussing it because there's nothing that I've heard that is concrete and being proposed. But I do understand the concern there.
I will say this. If this rate increase is approved kind of as outlined in in general terms, I think that could be a part of the sale of the the initiative is to say we can reduce that, the increases that were planned by a certain percentage. Now is that gonna save, you know, 2%, 5% over five years? I I don't know. And I don't even know if that's baked into it.
I think there's a whole lot of unanswered questions that have to be considered. And to hold back on doing this or to take into consideration that at this time, I don't think is appropriate. The automated meters, I think it's a great idea. We've had so many issues from our current old meters that people don't understand how to look at. A lot of times they don't know where they are.
It would be good if they could look at it and get real time information. It would be good if we could get real time information. It would go a long way towards reducing the number of issues that we run into with customers saying that the meter is our problem and not theirs. And I think that would help. And I I think, generally speaking, if you can measure it, you can manage it. If you don't know it's there and you don't know how to measure it, you can't manage it. And as a homeowner or property owner, I think that's a problem. That's all I have. That's all I wanted to bring back. And I'll do one last session if anybody has any closing thoughts on this.
I see member Bardwaja's hand is up. Member Bardwaja, the mic is yours.
All right. Now I have six more questions, okay? Just kidding. So a couple of things. I appreciate everybody's opinions and input on this. I'm going to bring it back to a couple of things. I think the trash increase takes place soon July or next year. Did we just have it? Apologies if I don't remember.
We are actually working on an RFP to be released. That's a new contract that needs to be in place by 2027.
Before or after the strike?
I couldn't tell
you that. So along with that, are we seeing as someone brought up Edison is definitely raising their rates. Everybody's raising their rates. I think you absolutely have to look at all of that together. And I think for me, I would like an honest explanation as to how we got here.
I think you have to be honest with residents and say, look, we got here because of years of delayed maintenance or whatever it was. I think it would be a bad idea not to give them an honest answer because I think people are pretty educated. And I think with things becoming so easy to obtain, it's easy for a false narrative to be spun out there. Mean, you can look at Reddit to the blogs and y'all call the, you know, the observer a blog too. It's there's all sorts of information that'll get out there.
Doesn't mean it's right. I think that also the sales tax initiative, it's just from hearing you know the mayor talk and other council members talk I think a lot of them are in favor of it. So I think we'd be shortsighted not to consider how that's going to be put forth. I don't know if it changes things on the 44% compounded increase, but I think we have to be strategic in how we do this. I don't think anybody can argue that this needs to happen, right?
But you have to be really transparent with the public so that the false narratives are easier to combat. And so that when you get people out there that are saying well wait a second you know I don't make enough for this or I don't make you know at some point you have to also understand it's not always based on what you can afford. It's what the city has to do to move forward. It's no different like when we have our water dispute panel. You know, I get it. You know what? You're not happy that you're having to pay for this water that, you know, your leaky toilet caused or whatever it was. But the city can't just absorb that fee. So taxpayers are going to have to do something. And I am not an advocate of tax.
Taxes the way they are now. But I would just suggest look at how that's going to affect it. If that tax measure goes through, I'd like to I'll tell you, I think we need it. I think it should go through. Everything's become more expensive.
But
I'd also like to see how we can put these things together so that it's got the best opportunity to pass. And again I think that history is important. You don't have to make it the centerpiece of your presentation but as long as you get it out the way hey look you know what we probably should have raised these before then some people understand like, hey, I absolutely got a benefit for however many years. And I think I like how you, Benjamin, you also showed that chart. Here's where the other cities are.
The only thing I didn't see there is where those other cities are going to be over the next five years. I would highly suggest if you could show something like that, I know you're not going to get it from every city, but at least the surrounding cities, Anaheim, La Mirada, La Habra, Buena Park, at least a couple of them, it'll make it a lot more palatable for people to say, well, okay. Everybody's doing it. It's not just us. So thank you.
I'd add to that Golden State Water, because they are one of the providers for the city of Fullerton. I don't know how does anybody know offhand how many customers? No idea? I thought it was Golden State Water. Somewhere in Fullerton. It's suburban. It's small being 10 homes or thousand? Maybe hundreds? Okay. I appreciate that. But I would like to see their rates as well. I think that's a fair discussion point.
All right.
Last thoughts as we move down the line? Okay. Yes. Member Sergeant.
Thank you. I only had one one. I wanna echo what Munis said. I'm I'm in favor of how we got here. When I ran for city council, twice, there was a huge study on how come we're broke, how come we're behind, what's going on. No questions were ever answered. I was a candidate. I did town halls. I had to answer questions. I did my research. I sat with Ken Domer. I did all the books, looked at it. But nobody ever gave me the answer. How the heck did we get here? What yeah. Kick the can. That's what city council was saying. I I remember that Ahmad Zahara said it's sitting in that chair right where Menish is sitting. He said, yeah. We who cares?
You have to pay. We've been kicking the, you guys have been kicking the can too long. We didn't kick the can. They did. We're not the managers. They are. So let's find out why we're here and maybe all of us can put our heads together as the advisory committee and help to not let that happen again. That's all I have to say. Thank you.
Thank you. I will add to that. You know, I've been serving as a volunteer as an elected for, I think I'm on my nineteenth year. I think next year is twenty years. I don't get a pin for it. But for twenty years ish, been involved. And I will say early on when I did get involved, it was because the can had been kicked down the road for decades. And for the last twenty years, I know I have and I know many in this room have worked towards, improving the infrastructure, seeing the neglect, and trying to move us in the right direction. Unfortunately, it's like, trying to, you know, turn a a aircraft carrier around in the ocean. It doesn't happen very quickly.
And it doesn't happen without a lot of people like the folks here on this committee pushing and prodding to do that, staff being very responsive and understanding, and the general public being vocal. So, you know, if that's if we wanna go down the road of of how we got here, I I'm not gonna, you know, say we don't need to or or it's wasted effort. I just don't think it answers the real question of how we're gonna move forward.
I think you just do a little bit. I don't think you like I said, don't make it the centerpiece, but you gotta just say, hey. Look. This is what took place.
Yeah.
If it takes you more than twenty seconds, you've gone too far because they've already stopped paying attention at that point.
I mean, know twenty years ago when I was getting involved, it just was not a priority for the city council or the staff. I mean, public works would work with what they had, but there was just no priority to do public works projects. It was not a big push from the council. There were a lot of pet projects thanks to what was it called back then? Redevelopment Agency.
Thank you.
Yes. I see
it, sir.
Now the successor successor agency. So I think a lot of it came from that, people with their pet projects and a lot of money and focus there, and there wasn't the eye on infrastructure except in those areas. And it just the nature of the way it went. But sure. We can go down that road. Member Sarvas?
I would like to move that we ask Dantec to proceed with scenario two.
All right.
Can we put that scenario back? Yeah, please. Mr. Stewart, take your time getting there. And then I'll ask my committee members if anybody right off the bat has a second for that for us to consider.
I'll second.
We have a motion and we have a second. Now let's bring up scenario two. Scenario two is scenario one plus AMI implementation. Okay.
So this is scenario two. And which one were you saying, Greg?
Is this And
if it helps, I can
go back to the description here.
We do a side by side. Oh, there we go. Thank you.
Yep. That's better. Thank you. So assumes five miles and thank you, Julia.
Thank Christie
for that. Assumes five miles of pipe replacement in fiscal years '26 and '27, six miles in '28, seven miles year after year. Redistributes non pipe projects over the five year period.
The difference is the AMI?
Yep.
Can you just quickly summarize what the benefit of that would be? Is that okay to ask him that for?
Absolutely. We a motion to second. We're contemplating it. If you have any further questions about it, if staff could try to answer his question or Mr. Stewart, if you could answer his question as to what you think the benefit would be for AMI implementation.
It's actually like another $10,000,000 right? Or maybe more. No, it's $12,000,000 Am I doing that right? 12.5?
Two and a half year after year. Yeah.
So the benefits of AMI is there's a lot of benefits. One of the first ones is the ability of all our customers to actually see what they're using every single day. Another really good ability of AMI is for us to capture leaks as they happen. So within twenty four hours we can go back and see it. Another good advantage is possibly pressure. We can see what's happening throughout the system. That's all I can think of.
Those are actually really important ones.
Those are important. But what kind of preventative maintenance would that lead to? Or would that lead to, hey, we won't have a sewer exploding or pressure line or fresh water line exploding? What will that lead to?
Yeah. So the pressure profiling will allow us to see what's going on throughout the system with pressure. So if we see a spike in one area, can kind of fix that. It allows us to be a little more proactive because we would see certain areas that are bumping up. And we could say, hey, we need to fix what's going on over here with our pumping, where we're pushing water, whatever it is. Additionally, we'll help the residents most because if a resident right now, as you know, if it's every two months, if you have a leak, it could be two months This before you would allow us to go out and knock on the door the very next day. Hey, you have a leak. Can you fix it? And additionally, for a lot, you know, we've talked about, the bill disputes. We even know exactly what happens to every single resident.
And I think we'd really limit bill disputes because we'd be able talk to a customer right away. Hey, there's something going on here. Can you fix it right away? Or if somebody has a large bill, hey, I didn't do I didn't use that water. Didn't use that water. Well, let's go back and look at your AMI usage. You run your water every single Monday Monday through Friday, 07:00 in the morning, your irrigation is going off. So I think it would be a benefit in that.
That's excellent. So the AMI I mean, that
I don't want to call it a fluffed estimate. But I mean, is that an actual estimate for an effective and meaningful system or is that like a pie in the sky the thing also drives itself program because I've seen you know where sometimes good intentions are missed you know they they go off the rail so I'm asking you a $2,500,000 a year 12 and a half million lead to an effective and efficient system? Or is that going to be some kind of Rolls Royce that's going to need a bunch of maintenance down the street down the road?
No. So actually so the best estimate we've gotten so far for a full deployment of AMI is about $20,000,000 This gives us 10,000,000, but that starts to get the ball rolling.
Got
it. Now additionally, the most important thing is we don't want to do a full AMI payment in the very beginning because as you know infrastructure fell. So if we said, hey, let's do a full deployment. Let's do 20,000,000 this year, what happens is in ten years and everything starts to fell, it all fails at the same time. So this approach, 2,500,000.0 a year, we divide it up. So that way, as we go for rate studies in the future, we're able to replace it as it starts to fail and we're spread it apart.
I'll just ask, so how much is this adding to the rate increase every year, do you think?
1%, was it, Benjamin?
It was about it basically was a 2% bump in those first three years. It took us from 10% to 12%. Okay. Because we are doing it on that kind of even $2,500,000 per year clip, it's kind of like the pipe replacement. Once we get the revenue up to the level two cash fund, that 2,500,000 per year, necessarily It's continuing to add pressure in the future.
I think it's a good investment. I think it only benefits from doing that. So thank you.
And if I could add to the AMI too, we are aggressively going after grants for AMI. We recently put one in last fiscal year for $2,500,000 $4,000,000 total. We're going to continue to do that. So we're hoping that through grants and other funding that we can actually fund this thing in total. This is a start for us.
Thank you.
Fantastic. Alright. There is a motion and a second. I think we do need to open it up for public comment before we make the, vote. So is there any member of the public wishing to speak on this? If you would like to speak, please raise your hand.
There is no one online.
No one is online. No one's in the chamber. Alright. Well, we'll just bring it right back, and we'll ask for the roll call vote.
Chair Seibel?
Aye.
Vice chair Tuna? Aye. Member Bardwaja?
That's pretty good. I agree.
Member Kingsford?
Aye.
Member Sargent?
Aye.
Member Sarvas?
Yes.
And member Molina is absent.
Thank you. Mister chair,
can I ask for some clarification? So you voted on moving forward with scenario two. You also talked about other items to discuss. Is that something you would like to discuss as part of the report and bring to counsel, or how would you like to address that?
Because
our obviously, our preference is to take one scenario and not confuse the matter.
Correct. So can we go back to the schedule, the dates? Because I think we'd like we would like to hear back on some of the answers that we've or some of the questions that have been asked. So if we could come back, I think, on September 15 and maybe provide some of those answers that were, or answers to the questions that we asked. I think that would be good. As far as how it's presented to counsel, I think we need to have that information, and then we can help you develop what that might look like to present to counsel. Does that answer your question?
I think so.
And is there any objection to what I just said from the committee? Okay. No objection.
Okay. Yep.
And is that it for mister Stewart? Is he ready to log off and go pour himself something cold to
drink? Yes.
Thank you, mister Stewart. Thank you
Thank you all your presentation.
We'll see you, I think, September 15.
Sounds great. Great discussion. Thank you, folks.
Alright. Take care.
Okay. I think we're moving on. We'll take a look at the infrastructure report update, and I think we're covering streets. We love roads.
I'll I'll kick this off with just a although, we don't have any of the public, really joining us today, sometimes they do review the meetings over time. So just for the benefit of the public and some of the newer members. Real quick, very quick update of why what and why we're here. So I did go through this before, but very quickly back in 2020, I think the chair was the only member on the committee that was part of that, you know, original report that looked at the infrastructure, many different items in infrastructure, the conditions, funding, and the needs, and basically laying out what a preferred funding level would be to address all our infrastructure needs. Back, about six months ago, nine months ago now, INREC requested that we look at those look at this report and maybe update some of the the infrastructure needs and funding levels and with a focus on the assets, our funding, and community engagement.
So I think what we're gonna start with is updating the asset data sheets on, you know, different meetings. The one we'll be handling here. Staff will providing the quantity, the current status, and and any regulations that we'll have to deal with. And what we're requesting from INRAC is your opinion and recommendations on what type of annual maintenance and rehabilitation we should be doing, the time frame you would suggest to try and address it within, and also some levels of preferred funding. So really gonna be asking a lot of you guys in the next few months.
In the past, it was a lot of staff giving recommendations. I would like to kind of change that around and see, have interact the committee provide the recommendations with that. Hey. Gotta change it up a little bit. So with that, I will switch it over to Juan.
Alright. Thank you, David. Alright. For this month, like David mentioned, we're gonna talk about streets. The goal is to provide an overview of our street network. This will give the committee and the public a clear picture of where our street stand today and, most importantly, help guide discussion and recommended strategies and funding priorities moving forward. Please note that in this presentation, alleys are not part of the overview. Those will come afterwards. Alright. So let's give some back work background on our street network.
City maintains two main types of streets. Arterial streets cover approximately 71 miles of roadway and are two to three lanes in each direction and carry high traffic volumes, some featuring some landscape medians. Second being local streets, which cover about 226 miles, are single lane per direction, primarily serving residential areas. Our streets, you know, are typically designed to last twenty to twenty five years, but with maintenance. You know?
If but with maintenance like slurry seals or, granite overlays, we can stretch our lifespan longer. Factors that affect, pavement life are delayed preventive maintenance, traffic volume and loading, age of the pavement, utility cuts, storm water infiltration, the soil and the base material underneath the street. And so, you know, the type of pavement, whether it's PCC or a or asphalt. So how does the city assess and evaluate its street conditions? The PMP is our primary tool for tracking payment condition and planning maintenance.
The basis of the data in the fact sheet for streets comes from the PMP report. Arterials are required to be inspected every two years, and local streets every six years. Although, we're a little bit more proactive, right, on six years? It's every
Yeah. So for residential streets, we actually do a third of the streets every two years.
Yeah. Yeah.
Each segment gets a pavement condition index or PCI score from zero to a 100. The fewer issues like potholes, rutting, or cracking, the higher the PCI. This plan or PMP gives us an objective measure of road conditions and helps us prioritize where to invest our resources. Latest PMP was completed in May 2024 with the next update update being in 2026. I like to highlight that OCTA requires the PMP to be in place and maintain to qualify for allocation of measure m two funds.
Alright. So let's take a look at where our Fullerton's PCI scores and what was found in the 2024 PMP report. So result show that arterials overall are in good shape with an average PCI of 75.6, which are good. Local roads overall are in fair shape, with an average PCI of 65.6. If you combine both arterials and local streets, overall, the city averages a PCI score of 69.3.
This means, well, if you take a look at the the pie charts, it means that while streets are in decent shape, however, there's still a significant share of streets falling into lower categories, especially our local roads. So if you take a look at this, you know, very poor local roads, 28% in comparison to arterials, which is 6%. In terms of the PCI rating compared to other cities in the county of Orange, Fullerton ranks fifth from the bottom out of 17 other cities. County average county average of the PCI score is 79.1, with 86 c six being the highest PCI rating. So let's kinda take a look at a map of PCI rating of very good streets.
About 37% of all streets are in good shape, very good shape with PCI score of 86 to a 100. Another 13% are rated good, where treatments like crack sealing and slurry are appropriate. So if you combine both of very good and good streets, about half of our total streets are in very good or good condition. But it's important to keep keep up with preventative maintenance to avoid slip slipping into more costly repairs. This map shows the PCI rating for fair streets.
Overall, we are at 15% of all streets are rated fair. These are eligible for thin overlays, granite overlays. On the other spectrum, we start getting into the poor streets. And these are PCI scores between 41 to 59, and 13% of all streets are in poor condition, neither needing thicker overlays to bring them back to a 100% PCI score. And as we move on, this map shows the very, very poor streets, with PCI scores of zero to 40.
23% of all streets are in very poor condition, requiring, a full reconstruction. So when we look at the lower condition category, the key difference emerges between arterials and local streets as you as I pointed out earlier. You know, only 6% of arterials are in very poor shape compared to 28% of the local roads. This last group is the most expensive to address, and without sufficient preventive maintenance, more streets risk moving into this category. So what does that mean as far as dollar figures and, you know, trying to, address these deficiencies?
Table here breaks down the estimated cost per mile for different types of street, treatments. Now bear in mind, this is budgetary and includes soft cost. This this really shows the range in cost depending on the level of work required. Slurry seals, this is the least expensive option. It's a preventive maintenance to extend the life of streets that aren't still in good shape.
Thin grinding overlays, which range between two to three inches. Those you could see how costs rise significantly here ranging from 1.1 to 2 and a half million per mile. This typically is applied to streets in fair condition where the surface is warm but the base is still strong. As you get into a thicker grinder overlay between four to five inches, these project cost roughly between 1.5 or 3.1 millions million per mile. These are used on streets in poor condition where deeper structural repair is needed.
And as you get into the very poor street conditions, full reconstruction is required. This is far by far the most expensive treatment depending on the site and the project cost range between 2.3 to $5,000,000. Please note that with certain treatment types, ADA improvements are required. So, basically, everything is other than slurry seal. We are mandated to do them.
So the takeaway from this table is that invest investing in preventive maintenance like Fluricea is far most cost effective than waiting until a street deteriorates to the point of needing overlays or full reconstruction. So let's so what are current estimated costs? So if we if we wanna address everything, all the streets at once, we'll we take the number of miles total miles in each category corresponding per the cost per mile. It results in roughly 227,000,000 for local roads and another 100,000,000 for arterial streets. You know, this this this would be a grand total dollar figures for a total investment.
However, realistically, there's no way we're gonna be able it's not practical to do everything, you know, in one shot. So this is where nor do we have the budget for it. So I think this is where we gotta take a look at our current budget forecast and and plan ahead, and prioritize which streets and what types of treatments we should be doing each year.
One thing I'll add to that going forward is it would be good if you used some sort of a benchmark for what is, like, best practice When you talk about what cycles we should have and why, I think that helps, especially do we have any civil engineers up here? I know member Molina is. Mhmm. But for those of us that are not civil engineers, it helps provide some context as to why.
Sure. So with our current annual program and our budget, currently, the city is typically completing about one mile of arterial streets each year, along with two and a half to three miles of local streets. And we are also bringing, performing slurry seal treatments. I know that was something David did bring back, recently, within the last few years. So we're funding's available where we've been doing some slurry sealing around the the city.
Keynote is in some of the challenges as you guys are all aware, and I know David's mentioned them previously is, you know, funding gaps. You know, the overall need to for our street rehabs far exceed the resources, that we currently have. The back the backlog of streets that we have, you know, will be slipping into poor and very poor conditions, which, you know, it's it's gonna grow faster that we need to address them. General fund limitations, you know, very little general fund money is available for streets, and what is available is minimal compared to what's required. Development and utility fees, you know, it's it's, these revenue streams have remained stagnant or below market, which means they aren't keeping up pace with the rising cost of infrastructure.
And I know this this has been even been brought up in the previous presentation with water rates. It's the rising cost of construction and materials. It's just, you know, costs have escalated within the recent years. So each mile of road that we wanna complete is costing the city more money than in the past. So I think with that, you know, it's it's I wanna pull up the the draft, the fact sheet If I could get to it, let's see where it's at.
Oh, here he was. Here we go. Let's see if I could zoom in. So this information is, you know, that I just presented is summarized in this section somewhere or manner. And where I think, you know, it shows the latest conditions of the data, the cost estimates, and the program context.
I think this where where we're really seeking input on is the recommended strategies and the associated costs and where we wanna put money moving forward. You know? And as we close this presentation, the main question to the committee is, you know, how should we prioritize our annual street program given the current funding reality? You know, do we continue spreading resources across both arterials and local streets or focus more on heavily on one category, whether it's arterials or just local streets or preventive maintenance versus full reconstructions. You know, in the event that new funding becomes available, should we emphasize, like I said, and concentrate on certain treatment types?
I think you you briefly mentioned this, chair. What cycles should we be looking at? Eight year cycles, ten years, or should we be looking even further? So I think with that, I like to get from the committee your input specifically on these strategies, and how, you know, we move forward and update this fact sheet So that way, we can provide clear clear representation to our our public. So with that being said, I'm gonna open it up, for any comments and feedback.
I think it's safe to say that there's a lot more work than we can afford.
Pretty much.
I I think the starting point, at least for me to have this discussion, is if you go back up to your local and arterial numbers, just right up there, if we were to triage those and say, but what is the best practice and how often should we be doing these things to get these cycles improved? That that's a series of metrics that I think I need to hear from you Mhmm. As as really as an expert on this. And then from there, we can say, alright. If we have this many miles of of different types of roadway that we are concerned with, what is our priority?
I think we need to really start honing in on those those poor and very poor conditions, I think that needs to be a priority. And that's for arterial and local and and definitely on the local. I think there's when I'm talking to to folks, we will joke about the arterials once in a blue moon when you drive on them. But the arterials now are so good because we've made headway, because you, gentlemen, have worked really hard and your staff has worked really hard to bring that to us and and get all of us on the same page that the arterials are really in great shape by comparison. Right?
Which is good. But we still need to get the rest of the arterials. I think 12 miles, that's still pretty rough that we need to look at. But when it comes to local, it's huge. We got a we got a lot of really bad roads.
So it's time to twist that investment around and start looking at local residential roads and how we strategize and prioritize those. I like the program that we have for slurry, but I think we can I think if we had more money available, we would slurry more? And I think we should slurry more. There are some really good roads out there I saw built, whether it was by a developer or just over the years from, that are now, you know, public streets that have been repaved, they could definitely benefit from it. You know?
And when you start walking on, you feel the aggregate start to get loose, little bits of fine gravel, it's time. And, and I know you guys have been working towards that, but, obviously, we need more money. So what what level is that for that quality of a road to be able to do all those things? You know, what does that look like? You know, we have some some numbers here, some percentages. I think that helps tell part of the story and how much we need to do. But, you know, we need to while we're addressing the poor and very poor, we need to maintain those good and fair. Right?
So that they don't slip down.
That's right. Because as soon as those they slip down, we're not gonna be able to use some of our special allocated funding. Right? I I think was it gas tax? Is that the one that we can't use or Measure M? Or is it one of the others?
We don't have any gas tax to use on streets anymore because the maintenance picks it up. But m two, you can use on streets. No problem. So
there you go. That's my 2¢ for now. Kinda flipping it on set. I think for a while, we did make arterials a priority. It was, and it's clearly worked. You've done an excellent job of raising those numbers. Still gotta focus on that 12 miles, though. Alright. I'm gonna open it up to committee input. I'm gonna start on my left and start with member sergeant.
I agree with the chair a 100 that you guys are doing a great job on the other streets. It looks really good. A lot of areas look fantastic. Even Orangethorpe looks great on most of it, which is nice for me because that's where my office is. Thank you.
First of all, the very poor streets, unfortunately, I live in the majority of those areas and you guys were just up on Grand View. And you did two major patches on Grand View. They were like 15 by 22 of them in front of a commercial a partial commercial residential house. It's a forklift repair company in the middle of our neighborhood, and they had all brand new patching down out in front of where they drive their forklifts. I noticed it and took pictures.
I thought, what the hell? Why are we paying for this guy? He's running this, it's a semi what do they call it? A light commercial, ordinance or something. And they did that and I didn't wanna feel jealous because our streets, you know, are are falling apart and you can you can crash in your car because the holes are so deep. But why did we fix Grandview that? Well, we don't have the money. And I agree with Greg a 100%. We the streets that are so deteriorating that there's four inches piece of concrete laying in the streets. I know we don't have the money and we've got ahead because you've done such a good job according, you know, to the studies you're showing us tonight, and we're doing really good on some stuff.
That would be fantastic if we could start going after the worst. You know, look at the worst scenario. Can we start to fix a little of the worst? What do we need to do? I mean, that that's the majority of my concern as a resident here And looking at the streets in those rural streets with no you know, that that's a bad area. It is just really bad. It's getting beyond bad. It's it's almost unsafe for a for a mom to be walking their kid in a stroller. It's it's almost like, you know, we don't have a sidewalks in our areas. So that's said that this that makes me happy that we've been talking about it. Thank you.
Vice chair.
Definitely agree with everybody else that, you know, I think it's time we definitely focus on the residential streets. And, I mean, the pyramid just needs to get inverted. We do need to be looking at the absolute bottom of the barrel, which is almost half of our streets. And that's, you know, an awful state to be in, unfortunately. And the more we do water projects, that's obviously gonna tear up.
I live on Lantana, and that's been you know, was tore up in the last two years, and we don't know when that's coming around. Probably five more, I think, because next time I saw any discussion up on the on the map. But, you know, it's again, it you know, we're we're dealing with all these things that are just coming to fruition right now, and it's really tough. But I think we do need to set those benchmarks of what we would like to do, you know, that we have to be clear on what we need to accomplish and what we you know, what that's gonna look like in a very clear way. I mean, you know, getting $2,500,000 from the general and infrastructure funds is obviously not sustainable to accomplish anything, and we need to be pushing putting pressure on our officials to get this done.
And be I mean, that's that's two houses, you know, in this city. Like, that's they're giving us a pittance. We need to say we need these things. This is what's happening, and the residents deserve it too. You know? We need to figure out the funding on there, and they need to sort it, and we need to put the pressure on them. So I just appreciate all the work you guys do, and if we can clearly elucidate what needs to be accomplished and, you know, worst case scenario first, let's get those things done the right way.
Thank you. Member service.
I agree with the other comments about the need to focus on more of the local streets given the difference in PCI. I calculating the average correctly? It's just weighted for number of miles?
Correct.
Okay. Thank you. The the reality of it though is that there are so many more of those local streets in poor condition. Like if I'm doing the math here right, we could tell you to focus just on local streets with very poor condition and spend the full budget on it. And Christy's kid is gonna be a senior in high school when you're done. That's eighteen years. Right?
Yeah.
I we we need to put more of a focus on here, but this the amount of money that we have cannot make a dent in these streets. I don't know if you can improve that average PCI with a full budget if you if you focused on very poor. So there does need to be a focus I think here to increase those those fair conditions. I hate to say it, but I think that we need to let the arterials drop. I I think that those need to approach fare.
If we focus our money on the very poor local streets, the average city PCI is gonna go down just by the just by the number of of miles that are here. So are we prepared to see the arterial roads average decrease? And I think that we need to. I think that we need to be able to have more of an equitable distribution across those streets. But we've got to be very careful about messaging this.
Right? People see the arterials. Everybody knows which arterial roads are broken, and when the conversation goes around local roads, I hear, well, the street my councilman lives on is looking real great, right? Or the NRAT committee members, they get all taken care of. And we know that that's
not That's true.
How come
you guys got that? Why did you get
this is what I hear from our neighbors.
Missed one meeting and you guys got streets?
Going to leave that comment there. I don't know how that helps you. There are two priorities that I see, focusing more on local roads, and that's going to come at the detriment of the arterials, to try and bring them both into that fair range. And we need a lot more into this budget.
So are you saying focus more on local roads versus arterial?
Yeah. Yeah. I think we do need to have more of a focus on locals because of this the disparity that's on the screen right now. We need to bring that that those local roads up to be more more even with the arterials. The only way that we're gonna make any improvement citywide is by increasing the budget though. It's not about moving around Right. A few dollars any anywhere. One so the going back to the estimated cost, is the the last time we updated this sheet was 2020. That's the one that's on the website right now. The data sheet, I mean.
Yes. On the
data sheet.
Yes. We
just saw from Stantec some of these increases of, you know, 50% over five years. But when I compare the slurry seal costs, this is a 277% increase. Some of these costs have gone up way more than inflation. Is there am I missing something that's not in the construction inputs? Why are these costs so inflated?
A lot of the labor costs have just gone sky high. Yep. You know, for I think I've mentioned this before for we we assume a thousand dollars a day for one person to show up.
That's that's you're they're getting paid a thousand dollars?
No. Fully fully burdened Prevailing wage. Prevailing wage. All benefits paid. French brands. And
those are contractors or those cities?
Yeah. Those are contractors.
For an eight hour day.
Yeah. So for a crew of four, you're I'm already at $4, and they haven't done anything yet. Now you add in all the equipment and the materials, and, you know, it's that's why it's very expensive, and we try to be as focused as we possibly can because it's usually the labor cost that that they get you.
And that's and to Greg's point, it went up that much in the last couple years, Paso rate of inflation.
Or did we miss it last time?
Were were those numbers as well? COVID.
A lot of back in 2020, I I would say that other ways to look at it, you could say that maybe the budgeting wasn't done necessarily correctly, missed a few things. I would say definitely when we do I we update our budgetary costs every year, and we are conservative. We prefer to be on the slightly higher side than on the slightly lower side. I'd rather be as transparent as possible rather than trying to show someone a good number. I'd rather show someone a real number.
A lot of our costs do come in under these budgets, but these are what we consider based on recent bids that we're getting, the costs per mile. And they've definitely gone up 200%. Starry seal oil costs have gone up and down. Products have gone left and right. But a lot of it has to do with labor
costs. Okay.
I I appreciate the more conservative approach, and that's probably the other the other factor in here is staff's approach is more real now. Thank you for that. Last question. When we accomplish these ADA improvements, is that a one time upgrade?
No. We wish.
That standards change. You hope yeah. You you hope it is. You know, sidewalk, that hasn't changed in years and years. I don't expect those requirements to change. Curb ramps is the biggest item. Mhmm. They do change their their they have changed their requirements, and they become more stringent. They've added things. They've taken things away. So anytime we do a job, we have to look to see, does it meet current standards? If it doesn't meet current standards, we have to address them. And we pay around $10,000 per curb ramp. Damn. So an intersection is $40 right off the bat.
And you look at, you know, how often contractors do the curb ramps and have to rip you know, rip out half of it after they've done it once or replace half of it because Percentages. Yeah. It's just the tolerances are so ridiculously tight. It's it really is pushing the the edge of our ability to do construction within those tolerances. I mean, it's it's pretty amazing.
Yeah. And to that point, you know, contractors are requesting survey stakes for to make sure it's precise and they build it so they're not ripping it out.
So that's a good point. It's they may be charging us 10,000, but now we have to pay for the survey crew to come out that day, and that can be $4,000 per day of a survey crew. Granted, you can split that up into the four ramps, etcetera, etcetera. Then you've got our inspectors out there. So, I mean, the cost to do a curb ramp is horrendous when you break it down.
Does that factor into decision making other than the raw cost of it? I'm worried about how we're balancing accessibility with which projects we choose.
It it is it is thought about, but it's definitely not an overriding factor. I think really the overriding factor is can we do slurry seal or do we have to grind an overlay? If we do grind an overlay, curb ramps, concrete work has to happen, and that's just the cost of the project.
And the increased accessibility to I can now push my stroller up.
Yes.
Okay. I think that you answered my question. Thank you.
Member Klingsberg.
I guess my question is in looking at sort of the very poor, poor, is there a way to factor in sort of rate of deterioration? Meaning you may have two roads that are very poor, but one of them was redone twenty years ago and one of them was redone forty years ago.
Oh, yeah. We'll definitely look at the history and pick.
Yeah, because, you know, I do a lot of cycling and there's a section of acacia from Orangethorpe to the Anaheim border that is absolutely horrendous, which wasn't that bad ten years ago. But because I ride it every week, I get to see the rate of deterioration versus other sections of road I've been riding that haven't been done that are still in pretty good shape just because because there's not semi traffic five days a week. So
I think arterial versus residential is a big factor in that. You know? A lot of the residential I let me back that up. There's streets that, I think, twenty ish years ago, were just getting their first real rebuild of a roadway or grind an overlay Mhmm. Where it had been decades of slurry seals put on top. And it it does work. You know, if you slurry on a standards on a regular schedule, it works. But, you know, taking off for the last thirty or forty years of doing a lot of slurry sealing affected it. So a lot of the residential streets are in really rough shape.
And, again, going to going to that, I live right near Troy High School, so we've got not Dorothy, but Melody sees a lot of Troy traffic, whereas Virginia, which is the street I live on, only 50 yards away sees much less traffic, but the rate of deterioration on Melody is much greater.
Thank
you. Member Bird Wajah.
You know what? I'm kind of torn. I hear what Greg's saying, I like that, especially being the one member who didn't get his street repaved. But I mean, no matter how much we talk about this, we're never gonna I think all of us will be retired. By the time it gets done, is there a way to balance it a little bit more? I mean, know the arterial streets get used a lot you know by most residents but I mean that is quite a bit and we're more than 20 I mean we're more than a quarter 28% are very poor. I'm pretty sure mine is in the ultra red extremely poor.
So one thing to know with our arterial streets, and it's not to say why there's a large disparity between local streets coming back coming from general engineering division, typically larger developments that are conditioned to repave the roadways, front arterials. Those are the larger developments.
You mean like the pines and whatnot?
Like the pines. Like the Goodman project off in Orange, Dorp, and Kimberly in State College.
So they're doing it to your specs? I mean, that where they're
re Yes.
Okay. So they're getting okay.
That makes sense. So they're
Didn't think about that.
In a sense, arterials are getting some love, additional love, because of these developments.
Okay. So they're already getting that weighted the effort towards it is more weighted than we realize. Would that be a fair
It certainly helps. I mean, we don't have a tremendous amount of large developments that are required to do a significant amount significant length of paving but whatever we do absolutely helps.
It adds funding releases funding or relieves funding for those areas too.
moving forward do you think that yeah, because we share so many slides, it's hard to remember sometimes. How is the map looking for the local roads for the very poor sections?
It's the same. It's been spread out. I think the one area we could point out is the Southeast. In general, it's pretty decent. We we've if you go back in time, it's certainly decreasing. It's decreasing. I we've we've taken care of a lot of a lot of the standalone areas and we're down to more an entire neighborhood now.
So now these are the ones that are poor. I mean I see my street is absolutely poor and I appreciate that being in there but is there a plan to where that we can look at that shows these are the future areas over the next five years or is that So and I I It doesn't have to be tonight. I don't want to hold everybody up.
So to a great degree, I stopped creating that map because we were focusing on water and sewer projects.
Got it. Okay.
So we couldn't and any other money that came up, then we would have that discussion and see where to focus the money on it. So Okay.
Water might
be Having that five year plan is is when you have sufficient funding to do the typical maintenance activities, which why we're having this conversation is we don't have that.
Mhmm.
So maybe I can throw it a different way at you, throw questions. Should we look at what would it take to make a significant increase in PCI or payment conditions over ten years or twenty years or five years? Because we could come back with slightly different scenarios of how much that could cost.
But we don't have
I I don't think there's an easy answer to this, but some of this we would like to, in the future, have you know, do we present it to council as an FYI to them? Is it something we can use when we get into community engagement to put out to the community? So should we be looking at a ten year program to try and address the streets? Would you prefer you know, my concern is if we focus the vast majority of our funds on local streets, then we're we're just gonna have the fair streets come down, and we're still in that can't catch up mode.
So you'll stay in that mode longer Yes. By the time that you get to the arch the local streets. Right?
So it this is very much a catch 22. We could say, hey. If we had a ten year program, this is what we can accomplish. And I guarantee you, it's not gonna be every single street that needs work. Okay. But you would see us the residents would see a significant increase in the the citywide conditions. So do is the committee more in favor of that, or is it more in favor of no? Go around this the city in, you know, every every year, do something in each quadrant of the city and and do it? Or is it, hey. Come back with you've got 20,000,000. How would you deal with it?
Personally, I I have two things I'm gonna say. I and I'll give the mic back. I don't wanna benefit the local streets by forfeiting an earlier, you know Demise. Demise. That's what we're thank you.
Of our arterials where we're all traveling on. I mean, I travel up and down my street a few times a day, but I travel much further on past entry than I do on my street. So, you know, obviously, the selfish side is, of course, I don't want to look out and see eight different colors, cracks, and that god awful, you know, light gray from the stupid sci fi nonsense that happened. Not just opinion, but fact. But for poops and giggles, because I don't want to say the other word, I'll open another can of worms.
If that mysterious tax does happen, have you guys looked at how quickly a lot of these things would be taken care of? Because I think it would accelerate the repair or the remodeling or whatever you're calling it, resurfacing. And again from a palatable standpoint I think that also helps people understand why that would be important to pass.
Yeah. I mean we started that thought process. We haven't put it down anything in paper to bring to you. My thought process is, okay. We'd probably get around $20,000,000 a year
Okay. From the tax?
As a as a budget. So we've got existing eight you know, I I I I would I would not stand behind putting a 100% of the money on of an infrastructure tax into streets. I'd put a, oh, a huge chunk of it, but we have other infrastructure that needs work.
So But you don't
let's just say, you know, with existing funding and new funding, let's say we get to 20,000,000.
Two and a half times where you're at now.
Right.
Right. How would we spend that over the next ten years? And I think I would put a probably right up front because it's quick and easy to do. We get your first thought of money in. I would do a lot of slurry seal. K. As you're working away working away at doing, you know, design of the other streets. But we we we need to stop. I think we're probably getting to the point where we're be told to start figuring out how where you'd I would think so. But I think it's gonna be my initial reaction is it's gonna be trying to spread out the money to to certainly work on the local streets but not ignore anything else.
So I don't wanna like I said, I don't wanna hijack the discussion because we're talking about something a little bit different here but that does help and creates a little bit of context. So then bringing it back to this and thank you David for actually knowing that stuff. It's always impressive to see that. I'd like to see a little bit more towards the local streets, me personally, but I don't want to cause the demise for arterials at the expense of arterials because that's where a lot more damage is going to happen to vehicles, more accidents Because 25 miles an hour, even the speeders at 35, are not going to cause as much damage as somebody doing 50 or 60 on an interior where it's not smooth, where it's cracked, or whatever.
All right. I'm going to start back over on my left. And as quickly as you can and succinctly as you can, let's get through this so we can give, staff the appropriate directions. Member sergeant.
I just wanna make, two comments. Number one comment was that if and I know this is not in our department and we're not really in a position to discuss it but city council has discussed the fact and speculated that yes if they did do the sales tax there would be a $4,000,000 reserve after we got our money back in our budgets to where we needed to be. We were at a $9,000,000 deficit when that conversation came down. And they're saying if they raise a half a cent, so there's something to look forward in that. That was my first comment.
That's a study they did that came straight from counsel. I listened to them. Secondly, the streets that you're showing on there that the vice chair and I were just looking at the poor streets. I rode my bike on those streets in 1972 is when I started riding my bike on those streets. Those streets have not been repaired since 1972, and I can verify that because I rode my bike to Laguna Lake every day in the seventies and went fishing every day and drove all those streets. So, Greg, the chair was absolutely on target. Some of the streets have not been touched since the seventies. So I don't feel bad saying the arterial streets, yeah, pay attention to them, but let's not turn our head on the emergency.
Thank you. Vice chair? Oh, I'm sorry. Did I I didn't mean to cut you off, members
No. You're
you're done.
That's good.
Thank you very much.
Thank you. Vice chair.
Yeah. I mean, definitely, we can't ignore all the things, you know, either too. You know, but maybe something like an 8020, seventy thirty where we're just shifting again the pyramid, inverting it a little bit and saying it's time to really put some weight into this. And it's gonna be more noticeable by the residents. That's gonna quote a lot of this rate too. I mean, we're asking them to pay a lot more for other things like this. And if their streets aren't all messed up, maybe we get less, you know, holes in our tires and wear wearing wearing wow. Wearing away at our vehicles and things like that. You know, a little less out of pocket, looking forward to. It, you know, yeah. So I think, you know, that's kind of where we need to be for sure though.
Thank you.
Thank you. Member Sarfas.
I think it would be helpful to see a plan over probably ten years. It needs to be and nothing shorter to make an improvement. Maybe we're aiming for an average PCI of 70 around there and there's a lot of work you can do in between focusing on very poor
or not.
But I
think we need a need a benchmark to try and say, here's we could prove it to medium fare and this is what it would cost. Does traffic volume go into the calculation of what street to go? Because I think that
It's a it's a consideration, but honestly, no. It's not huge on my list of where we need to go. All the other factors take precedence over traffic volume.
It it seems like if we're gonna go we're gonna have to split these very poor local roads. There are there might be some that have significant more volume in those, if we can focus that.
So there are there
are collector streets within a neighborhood. Certainly, we've looked at some of those because of the when we're looking at, oh, I got a little extra money, where could we go? I've looked at the residential collector streets, but mostly in front of schools the last couple of years just to address something in front of a school to make it safer obviously for the drop off and pick up in those areas. But, as a general rule over the last few years, traffic volume has not been an overriding reason to pick a street.
I think those are good priorities to keep, and maybe we expand that circle a little bit to if if it's a it may not be a quantified volume thing, but, you know, we can see from this map. I think you're doing a good job of the the access to a single community should be prioritized over something at
the end.
It's a catch 22 because, theoretically, you wanna work from the inside out, not the outside in. Because you don't want to fix the street and then next year have the heavy trucks drive over a nice street to get to the bad street. So it's a catch 22 there. So it's it's a balancing act of where where do we go knowing that, okay, later on, do we are we gonna be driving heavy trucks over it or in a short period of time?
You. Member Klingsberg?
I guess my last comment would be, again, looking for sort of efficiencies. You know, we've got some huge water projects coming up, maybe doing an overlay of the very poor roads with the water projects because maybe it's cheaper to do two projects at the same time versus we're gonna tear this street up, have to pay to get it partially repaved Sure. And then tear it up two years later to get it fully repaved. So I think that is a way to maybe save a little bit down the
road or
in the near future. Absolutely. Certainly.
I think you had that at one point.
Seeing that overlay of
We definitely were focusing on that the first five, six years ago. We still focus on that. It's just that the water projects, they have more water projects than we have street funding. So that's why there's that gap now.
Alright. Member Birdwaja, did you conclude your
You know what? I think I'm good. Thank you.
Thank you. So it sounds like there's definitely a move to a maintenance program for arterials, not so much the big investment in arterials. And I don't want to say it's not a big investment. Slurry seal and maintenance is a big investment, but certainly not at the same magnitude as grind and overlay or full rebuild. And then, yeah, we we still gotta address the the residential.
So I am in favor of looking at what a five year plan looks like based on our current revenue, a ten year plan. And I also would like to see if we did the maintenance that we are supposed to be doing on top of the capital improvements, what would that look like over the next ten to twenty years? And
Are you looking for, like, PCI or just dollar wise?
Dollar wise. If we did the maintenance that we're supposed to be doing on everything and everything was up to you know, we gotta catch up. That's a number. So we gotta get our PCI up.
Be the cost?
So that's one number. And then what's the ongoing maintenance? If everything was great, you know, in a, 75% or or better, what would be the ongoing maintenance cost? Because that's really the minimum threshold that we should be aiming for. And then on top of that, all of the new construction or new rebuilds, I guess, that need to take place. Okay. I think you've had plenty of input. Hopefully, that gives you some guidance. I don't think we need to take a vote here. No. We've provided recommendations unless somebody wants a hard motion, David.
No. That was fine. Thank you.
Okay. We're now moving oh, I gotta take public comments. Any member of the public online? No member of the public online or in the chamber? We'll keep moving along, go to CIP project status. And, I think we've covered most of the CIP, so this should be
Yes. Should be, quickly completed here. Alright. So our monthly, capital improvement program update. Design building faces for streets only. Update from last month, there's several projects that have been added. These are projects six, ten, eleven, and twelve.
Do you wanna share your screen?
Oh, sure. Sorry. I thought I was sharing. Let me see here.
I have a good imagination, but not that good.
Alright. Alright. Let's try this again.
There we go.
Alright.
Here we go. Okay. So as I was saying, design bidding phase for streets only projects from last month's project six. Ten, eleven, and 12 have been added. So we started ramping up design on these. So you're moving on to water. Not much updates from last month. Only one is on project eight that has that is going to cancel tomorrow for construction award contract. It involves removing, and replacing deteriorated an old water mainline pipe. Alright.
Projects that are either in award phase or construction phase. From last month to this month, several projects have been taken off from this list. I think in this past few months, there's been a lot of activity of short projects that have been completed. So with that being said, I'd like to show some project highlights. This is actually a project down on Acacia, North Of Victoria and South Of Melody in front of Acacia Elementary.
This was a this is a pre this is the intersection of Dorothy and Acacia, and this is the existing condition. So fast forward, this is what that intersection looks like now. So this project involved a grind and overlay and with ADA improvements as we previously talked. So this kinda gives you a this gives you a preview of how it looked before and after. And this project was completed before the school year started, so that was one of our main goals and on budget.
Alright. Another project to highlight, this is part of our Crown Crown Area project, Tiffany Place. This is one of four streets that got redone. On your left, you could see existing condition. You could see that there was a water main that was actually done previously before the pavement.
On your right hand, you you could see the street around the same angle once it was completed with, you know, new ADA improvements and the roadway paved. Alright. So miscellaneous CIP project updates. Just to highlight a few, Lemon Balencian traffic signal. This was also fronting a school, and I know it came to the wire, but improvements were completed before the school started.
I think what the only thing remaining is just the modifications to the traffic signals as far as synchronization and, you know, timing concerns. The airport, the tower renovation that is, currently at about 90% design. We anticipate that this will go out to bid, you know, within the next few months, probably in November. Moving on. Maybe, David, you wanna give an update on city?
PD, city hall renovation. We have a $2,500,000 federal grant from HUD. They have approved that. So I'm finalizing the environmental, which is quite intensive with that, especially with dealing with historical buildings. So I am hopeful I will get approval approval in the next month from historical people and move that forward. We are in the process of RFPs for design. What are the other ones? Oh, Indy Park gym. We're moving forward with that. We've done some abatement of asbestos yeah.
Just asbestos in the in the gym with the tile and the glues. So now that we've ripped everything out and since the gym is closed, we ripped everything out to now allow the architect to go in and see what's happening behind the walls. So I think we'll have a much better design, for the improvements there. And then finally, FCC generator. We've done pretty much all the work there. I'm just waiting for the generator to show up, which is about fourteen months from when I ordered it. So, hopefully I ordered it last December, so hopefully next February, we'll have it installed. We'll have a backup generator for the community center. It is incredible, the delay.
Alright. So on to the next slide, staffing and engineering updates. No change from last month. We haven't lost or gained any employees. We're still actively working on the civil engineer for the CIP division. So with that, concludes my presentation. I'll open it up for any questions, comments or concerns.
Thank you very much. Any comments or questions from the committee? No. Okay. Bring it back. Any public online at this time? Okay. We won't be, we tried to take public comments. I'm gonna deem it received and filed without objection if there is none. No objection. Alright. We'll move into staff and committee communications, and I'll start with staff. You don't wanna talk about anything,
No. We're no. Nothing at this time. Thank you.
Well, let's talk about my vacation. No. I'm kidding. I think there's some people near me that really wanna go home. Alright. We do have a couple of important subjects for the next meeting, and we'll see you then in September. And we are adjourned.
Emergency transportation. Fortunately, we offer the annual paramedic subscription program that is intended to serve as an affordable coverage option to reduce or eliminate out of pocket expenses for prehospital emergency care. We will bill your insurance carrier for services provided, and your membership will cover up to $883 in remaining out of pocket expenses. The annual cost of this subscription is only $46 per household and runs from July 1 through June 30,
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My name is Adam Luegler. I'm the fire chief for the Fullerton fire department, and I'd like to introduce you to our paramedic subscription program. When someone you know experiences a medical emergency and 911 is your pastor, the Fullerton Fire Department will quickly respond to your location to provide compassionate and professional paramedic service and
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Are Parks Rec.
Subscription program that is intended to serve as an affordable coverage option to reduce or eliminate out of pocket expenses for prehospital emergency care. We will bill your insurance carrier for services provided, and your membership will cover up to $883 in remaining out of pocket expenses. The annual cost of the subscription is only $46 per household and runs from July 1 through June
We are Parks and Rec.
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To make enrolling in this beneficial program quick and simple. Visit fullertonparamedic.org for further details and to enroll today. Emergency transportation. Fortunately, we offer the annual paramedic subscription program that is intended to serve as an affordable coverage option to reduce or eliminate out of pocket expenses for prehospital emergency care. We will bill your insurance carrier for services provided, and your membership will cover up to $883 in remaining out of pocket expenses.
The annual cost of this subscription is only $46.06 dollars per household and runs from July 1 through June 30, covering unlimited emergency medical care responses from Fulton Fire Department personnel anywhere within the city.
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My name is Adam Lozier. I'm the fire chief at the Fulton Fire Department, and I'd like to introduce you to our paramedic subscription program. When someone you know experiences a medical emergency, 901 is requested. The Fulton Fire Department will quickly respond to your invitation to provide compassionate and professional paramedic service and emergency We
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Paramedic service and emergency transportation. Fortunately, we offer the annual paramedic subscription program that is intended to serve as an affordable coverage option to reduce or eliminate out of pocket expenses for prehospital emergency care. We will bill your insurance carrier for services provided, and your membership will cover up to $883 in remaining out of pocket expenses. The annual cost of this subscription is only $46 per household and runs from July 1 through June 30, covering unlimited emergency medical care responses from floods and fire department personnel anywhere within the city. To simplify the subscription process, we've introduced an online enrollment platform to make enrolling in this beneficial program quick and simple.
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You're all set, sir, whenever you're ready.
Good evening. I'll now call to order the closed session meeting of the city of Fullerton City Council, 07/15/2025. Madam clerk, would you kindly call the roll?
Mayor Jen?
Present.
Mayor Pro Tem Charles? Here. Council member Dunlap?
Here.
Council member Valencia?
Present.
Council member Zara?
Here.
Alright. We'll now hear public comments on closed session items. Any members of the public wishing to make comment? Good evening.
I'm so glad I'm allowed to speak at closed session. I just wanna thank everyone, staff, council, for the most wonderful meeting on the twenty seventh. I learned so much, and I couldn't believe
Miss Milton, do do you mind if I interrupt one moment, You wanna make comment about the closed session. This isn't just general public comments.
Oh, no. Well, I wanted to say thank you. Can I for things that I don't necessarily want the entire the entire public doesn't need to hear? Am I allowed to do that? I was told I could.
Well, anyway, the meeting I wanna say that the the the the staff, everyone did such a wonderful, wonderful job on the twenty seventh for the CAS pre meeting. It was eight hours of a lot of learning, and they treated us like you you treated everyone that was there. There was a 109 signed up, and we were treated wonderfully with a wonderful pre pre meeting breakfast, breakfast, and a wonderful, wonderful lunch. I really, really thought it was absolutely fantastic that you did it for all the attendees of the meeting. And I'm just curious to find out if all the other cities that this gentleman does classes for treats their attendees as well as I was treated and everyone else was treated on the twenty seventh.
That's what I wanted to say because, as I say, we were treated so wonderfully, and I didn't want it was something that I didn't want to cause a problem with a future public private meeting. So thank you for allowing me to speak, and I'm looking forward to the rest of the meeting tonight. Thank you.
Thank you. Any other comments? All right. We'll recess the closed session. All right.
Good evening. I'll now call to order the 07/15/2025 City of Fullerton City Council meeting to order. Madam City Clerk, would you kindly call the roll?
Mayor Jen?
Present.
Council Member Dunlap?
Here.
Council Member Zara?
Here.
You'll notice I'm talking slowly as we wait for Mayor Pro Tem to get to the mic. Here. And I believe Council Member Valencia is nearby.
Alright. I may ask Deacon Tony Mercado of St. Mary's and our city of Fullerton Police Department Chaplain to please give us the invocation this evening. Sir. Good evening.
Good afternoon, mayor and city council members. As we have such a diverse community in Fullerton, I just wanted to extend this prayer, but I'm gonna start as I do my faith tradition. I invite you to extend as you do in your faith tradition as we begin in the name of the father and the son, the holy spirit. Amen. Good and gracious god, I just wanna thank you for such a wonderful day. I want you to please continue to grace and bless our city council members as they discern what is best for our city. Let us continue to thank our first responders for all that they do and keep them safe and keep all the constituents here in the city of Fullerton safe and enjoying the summertime. We ask you this in Jesus' name. Amen. Father, son, holy spirit. Amen.
And if I can ask our mayor pro temp to lead us in the pledge of allegiance. Thank you for that, madam mayor pro tem. If I can get a closed session report, mister city attorney, anything to report?
There's no report this evening.
Alright. If I can ask any members of our body, any ex parte communications to report? Look to my right. Seeing none, left. Very well. We do have two presentations this evening. I will ask the first is the Association of California Cities in Orange County. I'm going ask our Executive Director, Ms. Chris Murray, make this presentation. Good evening.
Good evening.
Good to see you again.
Mayor Jung, it's so lovely to see you and members of the council staff, thank you for the opportunity to present here this evening. I appreciate it. We do have a presentation for you and I did provide some materials. If you have any questions afterwards or at any time, please don't hesitate to let me know. But it's a pleasure to present here tonight.
Our next our first slide, please. Thank you. A little bit about ACCOC, not just for all of you, but for the members of your community who are with us and watching. ACCOC is a nonprofit organization that was founded in 2011 to represent Orange County at all levels of government, regionally, state, and federal, to give us a consolidated voice, a collaborative voice that, came together on public policy, on education for our officials, our staff, for our community members, and on advocacy. And, our three pillars, education that empowers policy that is collaborative and advocacy that is service oriented.
We are currently made up of 26 member cities and have more than 55 affiliate members, which include our large public agencies, our universities, our healthcare community, our nonprofit community and others across the county. Next slide please. This is our current Board of Directors currently chaired by Jamie Federico from Dana Point and our second sorry, our first Vice President, Ms. Tanya Dobbe, Councilwoman from Los Alamitos and the others you can see along with the affiliate board members across the bottom which as I mentioned include a lot of our public agencies and large employers. Next slide.
These are our member cities. As I mentioned, we have 26 currently. We're actually in open discussions with about five others who are looking actively to come back. So we're working steadily toward getting back to full strength. A lot of folks dropped off during the pandemic and we've been building back since then.
And next slide. It's just a cross section here of the 55 plus affiliate members to give you and your community members an idea of who's engaged with us actively representing Orange County together. Next slide. Really want to emphasize today is that education is such an important part of what we do and it's our education programming is available both to our our elected officials across the county, our community members and city staff. And most of our programming, literally 90 plus percent is at no additional cost.
We don't nickel and dime our members. We want to make sure it's inclusive and affordable and that everyone feels included. One of the programs that has grown over the last couple of years is our BOLD program. BOLD stands for better opportunities for learning and development. We connect our elected officials and our city staff and our other community members with industry experts so you can learn firsthand about the programs that affect your cities and how to best address policy questions when they come to you.
Some of those most recently we've done a lot with Medi Cal and Advancing Cal Aim, Conservation, Housing, particularly permanent supportive housing and touring those facilities on-site and also on the energy environment and water sectors as well. And just last week, we had a great tour at the Orange County Sanitation District on all the innovations that are happening there, again, that serve all of our community members. We are we have a program called the newly elected council member orientation where the state training, the mandatory training occurs at the beginning of the day and then we bring in all of our public sector agencies so our newly elected members can get immersed and meet all these folks. And I've given a kind of summary there for you of our major topics for our workshops and webinars, again energy, water, land use, safety and the healthcare. Next slide.
Policy is a major area where we focus in our standing policy committees including housing and homelessness chaired by Valerie Emezcua from the City of Santa Ana, transportation infrastructure chaired by Councilman Harper in the city of Fountain Valley, energy I'm sorry, environment energy and water chaired by mayor Alex Runeggi of the city of Laguna Beach, economic development and tourism chaired by mayor Janice Lim from the city of Yorba Linda, and our Healthcare Veterans and Community Service Committee chaired by Councilman Howard Hart, the city of San Juan Capistrano. All of those committees are very active in both engaging in advocacy as well as programming and then communicating in the best practices of our cities, not just here in Orange County but at all levels of government. Next slide. One of the areas where ACCOC has expanded over the last couple of years is we are helping administer we are the administrator of the California Sober Living and Recovery Home Task Force. This is now a statewide task force, but it came out of one of our major themes is local control.
It came out of a volunteer effort that started in Mission Viejo, spread across a lot of our, coastal communities, but then many of our larger cities started dealing with these residential home based for profit operators that were not just harming patients but really degradating neighborhoods. And so this task force has come together to empower cities to really fight for local control to support some of the legal matters that have happened and work their way up through the local appeals and then the Supreme Court rulings as well to help our cities have greater control and to also make sure that there's greater oversight for those who are being victimized as patients within these facilities. And next slide. On the CASLR Task Force though, and you don't need to go back, I just want to share, those are open to the public. Both your residents and your staff and your council all of the council members are invited to attend.
And those are also held hybrid. You don't have to be there in person, but it's pretty much every other month at the Civic Center, Orange County Civic Center, cochaired by Katrina Foley, Supervisor Foley and Councilwoman Wendy Buckman from Mission Viejo. On the SoCal Gas Regional Energy Pathways Program, ACCOC is now the regional ambassador for Orange County. We work with all of our large public sector agencies to connect them with energy efficiency programs to help you secure grants and or on bill very low cost if no interest at very little to no interest rate on bill financing. So there's no upfront capital investment costs.
The audits are done for the cities and our public agencies at no cost. And then you get a prioritized list of areas where you can make improvements and then you can choose those like a menu on where you want to proceed with no obligation whatsoever once the audit occurs. I'm happy to talk to you more about that, but it's a phenomenal program and is really helping our cities and our commercial sector as well. Next slide. Advocacy is one of those areas where we want to make sure Orange County has a united voice.
Again, regionally we're very engaged in at SCAG, at OCOG. Right now, we've actually been asked by the OCOG board to assist during a very temporary period while they do a search for a new executive director. So we've stepped in to help with administration for the next ninety days. But we're involved at OCOG. We're involved at SCAG and regional decision making.
We're very, very active in getting our cities engaged in the AQMD rules, the eleven eleven and eleven twenty one, which would have significantly increased costs for residential homeowners and renters across our region and affected small business as well. We have a federal advocacy trip that we do annually that always sells out. I would love to see you join us this year. That's in October. Our Sacramento advocacy trip was sold out this year. We had over 40 officials. We conducted, what, 60 I'm sorry. I've got Catherine Morrison with me, our Director of Member Services. We had what, sixty, seventy meetings in two days. So we work everyone pretty hard, but it's very effective.
And then we do a report out to our cities on the outcomes of those meetings as well. And then our monthly legislative and regulatory committee meets the fourth Thursday of every month as well. Next slide. On the horizon, we want to share that the areas where we're really moving into and focusing on this year, one is addressing our aging population. It is growing and they are our aging population.
Our seniors in Orange County do need assistance and services as well as our veterans. So we're engaged, on those two fronts. LA Twenty Eight and FIFA, our economic development and tourism task force is now helping to lead LA twenty eight and FIFA discussions for cities and the direct destination marketing organizations to make sure Orange County residents, businesses and cities have a foothold in these games that are coming to us. We're going have a worldwide audience and we want to make sure people extend their stays into Orange County. And then we're working with cities on what are some of those unique fiscal tools that can help. Budgets are tight. They're tight for everybody. It has been so for some time. We want to be of assistance there. I just encourage you to connect with us.
We do a weekly newsletter. We don't bombard you. One newsletter a week every Friday morning. It's called the Policy Pulse. We also have our online blog on our website at accoc.org, which is updated weekly, sometimes daily depending on the issues and what's happening. And our web based portal is a research library for our city officials as well. Hope you'll take care of these resources. We're also active on all the major social media platforms. And last slide I think. There it is.
We have some upcoming programs. In fact, this Thursday at Wild Rivers, our annual legislative roundtable and nonprofit expo. We have over 10, actually 11 now, nonprofits that are participating. The band that's going to play is also just happens to be Darrell Johnson's band from OCTA, the CEO of OCTA. His band is going play.
We have legislators as well as county and federal officials that are joining us to speak about what's happening again at all levels of government. We want to have that voice and that connection and then the opportunity to mix and mingle with your colleagues around the county. Again, I mentioned our advocacy trips coming up in October and then we have a number of the Bold programs at no cost. Hope you'll join us and all of the information to register for those are on our website. And that's it. Last slide, think. There it is. So Fullerton was one of our original members. We I know you left. I think it was in 2021.
We would love to have you come back. There's so much that's happening. Your voice is very valuable. Your city is very valuable to our county as a whole. Just appreciate the time to present today. I'm available to answer questions at any time and appreciate your attention and opportunity to present here today.
Thank you.
Thank you.
All right. Next presentation is the sure.
Thank you. I actually do have one question. And I appreciate the presentation. And honestly, I'm a little surprised to hear about our lapsed membership because when I came on in 2022, I was told we were a member. And I've been getting your e mails regularly the entire time I've been on council. And I do find them invaluable.
Thank
you. And I have been following the programs. Unfortunately, with my day job, I'm not able to travel at the times where you travel because I'm teaching. Yes. But so my question for you is if Fullerton were to come back into the fold, do you have an estimate of the cost on that or is that something
Yes. We included the materials of a membership proposal in your packet. And each city in Orange County that's a member pays a base rate of 5,000 and then there's a population weighted factor of this is a little weedy in the answer, it's the technical answer, but 0.1375. So based on Fullerton's 25 population estimates from the California Department of Financing and this includes a 10% discount that we have maintained since the pandemic in order to not we're not only not increasing dues on any consistent basis, we've maintained a 10% discount off of that weighted population total. The total for the city annually would be 21,863.
Thank you. You. If I may just a quick follow-up as well.
Since Let's make it quick. This isn't an agendized item.
No, completely understand. I just wanted to thank you for coming and making this presentation. I know when I was when I first elected that first year, I did take advantage of the fact that we were members and we went on an advocacy trip. I remember that. It was very effective as well. So I value what your work is. Just a quick question. I know you have a Board. How is the Board selected?
Yeah, the board is selected pretty much at the same time and we do city selection with all the other big boards around the county. Some of the smaller cities are represent there's at large members, then there's that are population weighted and then there's some of the cities are grouped under regional representatives, almost like OCOG. It's just we're a little bit smaller than OCOG on But the I can send you over those details and what seats are opening up in this next cycle at the end of
the year.
Thank you very much.
Yes, you bet. And I know Fullerton has been even President of the Board before with past members of the council. You.
Thank you, Mr. Mayor.
Our next presentation is from the Orange County North Orange County Fullerton Chamber. CEO, Andrew Gregson, Chamber of Relations, miss Jim Martinez. You can recognize our soon to be departing City Manager. Evening, Fullerton City Chamber of Commerce.
We are actually Fullerton Chamber of Our DBA is North Orange County Chamber, so I appreciate you correcting that. Thank you so very much. But we do trade unfortunately under that other NOCC. I do hear that we're going to be losing our city manager, which is a little bit sad because I've spent many time with Eric and his wife, Ginger. So thank you very much.
And I just wanted to say it's been a pleasure working with you over the past few years, Eric. The knowledge and expertise that you brought to the City Of Fullerton as a City Manager have both been welcomed and invaluable. And on behalf of North Rhine's County Chamber of Commerce, the board of directors and its members, we wanted to actually give you this token of a keepsake to remember where your real home is and who really loves you and that's North Orange County Chamber Of Commerce. So here you go, Eric. Thank you.
Thank you. Thank you very much, Mayor, for actually saying you're to lead us in the flag salute at the end of next week and on July 25.
You can do the commercial.
Please join us. Thank you.
They have a Business Award and Board Installation Dinner at the Fox Theater, 03:30, July 25. And I invite all of our council and members of the public that wish to attend, please do so. All right. We have consent calendars next or if we're going to remove anything. I know that before we get to the consent calendar, the Mayor Pro Tem had something she wanted to disclose. And if we're going to remove anything from consent, please do so now before we get to public comments.
Mr. Mayor? If I may pull Item number 11 and Item number 19 at the request
one
of those. Eleven and nineteen. Very well. Councilmember Dunlap?
I was gonna pull item 11, but don't need a report. Just, I think so there was a member of the public with a question. Understood.
Anybody else? Okay. Madame Mayor Protel.
Thank you. So I would like to point out for Item 14, which is involving Cal State Fullerton that the FPPC did look at my relationship with Cal State Fullerton. And because my immediate employer is the College of Health and Human Development, I only recuse myself from items that, have to do with that specific college, such as the Center for Healthy Neighborhoods, which I recuse myself from. This having to do with the presidential administration, with the administration of the entire university, the FPPC has ruled that I may vote on this issue.
Okay. If we can now go to public comments. Madam City Clerk, please call up those that have registered accordingly.
Let's see. We have eight people registered. So first speaker is Karen Lareda, then will be Maureen Milton, and then Todd Harrison.
Sorry, you cut me out in the hallway there. Okay. I think my concerns that I wanted to express oh. Is it on? Okay. Just I'm too short. Okay. So, basically, my concern tonight is how many leases are we gonna cram onto the agendas during this summer period? And why is it so difficult to get some of the information? I did request copies of all the city leases over three weeks ago.
I still don't have them. I anticipate that I will get them, and I will follow-up on all of them. I am very concerned that this council is not taking advantage of the assets that the city has to the benefit of the residents. So I will continue to follow that one up. I'm also hoping that somebody will pull items eleven and twelve. If not, I'll try to address them later. Thank you.
All right. Next speaker please.
Next speaker is Maureen Milton followed by Todd Harrison and Yolanda Harrison.
Good evening, counsel, staff. Maureen Milton, independent advocate for the disabled, handicapped, mobilely people and the mobilely challenged. I just wanted to say thank you. Thank you. Thank you for a wonderful fourth of July.
I was so impressed with the the car show and the bike parade. That was all I could handle. I was off my feet at 05:00, but the the car show was done so well. I was so impressed that the cars were far enough apart that I could take my walker three quarters of a way around each car looking at them without worrying about any hurting any car on either side. And I was talking to one gentleman, and he was saying that his paint job cost $8,000.
And he says, that's nothing. I did that in during COVID. He says, see the truck across the way? He says, that paint job was a $20,000 paint job. And I go, if the the vehicles hadn't been far enough apart, I wouldn't have been able to enjoy everything inside and out.
And I really, really thought the bike parade was fantastic. And I saw the vendors going up for the food, and I was thanking as many as I could. And but as far as I was able to stay, it was absolutely wonderful. I had asked councilwoman Charles if she would pull the item on the the library furniture because I had an idea for it that might be able to save more for us. And and, also, I was hoping number 10 would be able to be pulled, but I guess not.
This will have to be done something in the future because I had done some tallying. And, I mean, my mouth dropped open when I did tallying for a year per person for the illumination. So it was kind of scary. But, anyway, I hope that in the future, things can be looked at more closely. And I thank you so very much, and I'm looking forward to the rest of the meeting. Thank you.
Next speaker, Todd Harrison followed by Yolanda Harrison and then Gabriel Smith.
Good evening. As pretty much everyone here knows now, I'm Todd Harrison, resident of Rancho La Paz on the Fullerton side. Good evening, Mr. Mayor, Mayor Pro Tem, and
the
rest of the usual crowd, just like I am part of the usual crowd on this side of the podium. I believe the and I'm sure the chief can confirm or not. I believe the city of Fullerton Police Department has a drone that you've deployed a few times. I read in multiple news sources about a program that took place up in the Bay Area and further north of police departments deploying their drone on fireworks night, July 4. Now I think that's at some slight risk because you don't want a very expensive drone shot down, but the neighborhood behind Rancho La Paz, like many other neighborhoods, suffers from an overabundance of illegal fireworks, not the relatively lightweight stuff bought legally at the firework stands, but the giant skyrockets, the M80s and larger booms that rattle our windows so bad.
I every year, we get worried about cracked windows. They've been doing a program that provides a nasty surprise for the worst offenders with illegal fireworks running their drone over the city, identifying addresses where these activities have been happening, and citing them by mail or by visit days or weeks later. It doesn't solve the problem this year. But if bulletin started doing that next year, perhaps it would provide some explosive relief the year afterwards as people realize that truly, seriously breaking these ordinances is a real risk. If Fullerton does not have a suitable ordinance that would enable that?
Well, shy as I am of more and more laws, I think perhaps Fullerton might need that because this is definitely considering the size of some of those explosions and the stuff we heard landing on our roof this year. I think the politician needs something like that. So here's my proposal for the police department and for you, the council and city staff, to chew on a little, maybe a little revenue for the city as well. But that's not why I want this. I want this to make things safer and less stressy on people and, yes, pets too. But a little safety and security on this would not be a bad idea at all, I think. Thank you.
Thank you. Next speaker.
Next speaker, Yolanda Harrison followed by Gabriel Smith and Jensen.
Hello, mister mayor. Hello, madam, mayor pro tem, council members. First off, I'm going to call you guys out again for starting that clock when people are still heading to the podium in order to speak. Maureen needed an extra ten seconds to get to the podium, and it was already counting down. That's disgraceful. That's taking her time away. Secondly, there's been a lot of ice action lately. There has been up and down harbor, all the way down to Santa Ana. There has been around Disneyland and all over the place. Lots and lots of ice action.
And I know this because I watch both Ice Block, which is an app on the phone, as well as a website that I wish I knew offhand, but I don't where I can actually see reports of ICE activity. America is a melting pot. America is a country of immigrants. If you do not have Native American blood in you, and I do, you are an immigrant to this country. You are an immigrant to Turtle Island.
And with all that ICE activity, I would like to ask the entire council and the chief of police the same question that was asked in the observer. What are you doing to keep the people safe? What are you doing to keep the immigrants safe, whether they are American citizens or not, whether they are legal green card holders or not, naturalized citizens, born citizens or not? What are you doing to keep us safe? And yes, us, Because I'm an immigrant.
My father might be American. My husband is American. I'm Canadian. And Canadians have died in ICE detention centers. What are you doing to keep the immigrant population safe? What are you doing to keep anybody that's picked up by ICE or in danger of being picked up by ICE safe?
Next speaker.
Next speaker is Gabriel Smith followed by Jensen and then Jeanine.
Good evening.
Alright. Good afternoon, mayor, council members, staff. My name is Gabriel Dema Smith, external affairs manager with the Orange County Power Authority. I'm here today just to provide a quick update about a lot of great programs we have available for your residents. And for those tuning in who don't know who we are, Orange County Power Authority is a not for profit energy utility company where we buy clean energy, work with Southern Calvary Edison to get it to your home and business and simply by being an OCPA customer, you are lowering your carbon usage in your city.
For right now, one of the great programs we have right now is a energy efficiency kit, which has LED, light bulbs, smart plugs, power strips, weathering strips to help cut energy costs. Thanks to local partners like Pathways of Hope, over 20% of the recipients of this, kit has gone to Fullerton families. We also have our really great Charge at Home program. It covers the full cost of a level two EV charging charger, basically making it free, plus we guide you through installation. This is only available for a limited time, so take advantage while you can.
We're also working on our community power plan, which is a plan that we give out a survey, residents of the community, articulate what kind of programs they would like to see within our agency. Happy to report we've had 700 respondents, to date. If anyone else is interested, please go to the Orange County Power Authority website. And finally, I want to highlight, we have our Green Pioneers program for our local businesses here, which is a marketing program where we promote that they're using 100% renewable energy. We promote that to our customer base to help drive more businesses to their business here in the city. Thank you so much.
Next speaker is Jensen followed by Jeanal Monte Cristo and then Oliver Monte Cristo and that is all I have registered. So, if anybody else would like to speak, now your time is now is your time to line up on this wall opposite me so we can get you the microphone after these folks.
Good evening, council and staff. My name is Jensen Halstrom, and I would like to start off my comment by thanking Council Member Zara for pulling consent calendar item number 19. I think it's very important to have a more thorough discussion regarding that. Regarding my last public comment at the last City Council meeting, I just would like to reiterate the need for a comprehensive update on our urban forest management plan. I know it sounds like I'm beating a dead horse every time I mention this, but being in the community, going through all of the parks, trails, streets, and seeing how essential having healthy, mature, and well managed trees is to the health and well-being of Fullerton residents.
I've recently had a meeting with the city manager, about a particular issue that unfortunately our last iteration of the urban forest management plan has not yet really addressed, and that is the issue of root rot that is developing amongst a lot of mature trees and parks across Fullerton because of improper irrigation practices that includes sprinkler overspray. This is an issue that we saw over at Adelina Park some years ago, which is my childhood park, in which, seven seventy year old Chinese elms were cut down. Effectively, a third of all of the immature, shade canopy at the park. And this was due to two factors, improper irrigation and mechanical damage from mowers and string tremors. The moisture from sprinkler overspray is really what drives the bacterial and fungal pathogens, the wood decaying pathogens that create this safety issue of our trees structurally being compromised at the base of the trunk leading to a high risk of failure of the entire tree.
This is something that, spoke with the city manager about regarding Byron Park, which I've been telling the city, for years about this issue. And, you know, just, even the other night walking by, I could still see the sprinklers hitting all of the trunks of these 70 year old mature trees who've been, managed by tax dollars for seven decades and deserve, the community deserves the proper management and, and well-being, in our in our parks that unfortunately is being, challenging with some of these issues that I hope an update with our contractor could shed some light on. Thank you.
Okay. Our last two registered speakers are Janan and then Oliver.
Good evening. I am Jeanine Monte Cristo. Can you there we go. I'm Jeanine Monte Cristo, business owner of a restaurant in our downtown area called Les Amis. Tonight, I'm not only speaking to city council members, I'm speaking to the residents, business owners, and community members of Fullerton.
Because when it comes to outdoor dining and the needs of small businesses in this city, my voice and the voice of others have consistently fallen over deaf ears. The subject for me this evening is outdoor dining opportunities in the city of Fullerton. Outdoor dining benefits everyone. It brings people out, builds community, increases foot traffic, and drives sales tax. It supports jobs, improves safety and visibility, and makes Fullerton look like a city people wanna spend time in, not only drive through.
After fifteen years of trying to explain, educate, and collaborate, I am no longer here to plead. I'm here to demand accountability. Let me begin by saying I've been a small business owner for over twenty years. I've been honored as Woman of the Year for, twice for my commitment to this community. Aside from receiving several awards, a restaurant is not just a place to eat.
It's a place to gather, to enjoy live music, to experience beauty, food, and culture in a space that's been thoughtfully and purposely purposefully built for the people of Fullerton. When the going gets tough in our community, we are right there bearing as much as we can to be a positive model business in this city. Our restaurant has been recognized by people who travel from near and far to support us. We are experienced, invested, and compared contributing business owners. We are not speaking from greed.
We are not asking for special treatment, and we are speaking from a place of logic, fairness, and decade of lived experience. And what we're asking for is simple. Stop punishing small businesses and restaurant or restaurants specifically for trying to do the right thing. While the appeal of outdoor dining is apparent, desired, and beneficial to the cities, communities, and businesses alike, the reality of use is limited due to the elements, hot, cold, windy, rainy, humid. None of those times allow for the use of the patio.
I have reached out in good faith. I've requested individual meetings with every council member to share a small restaurant business perspective directly. Only two only two responded and agreed to meet with me, and even then, with no meaningful help came from those conversations. The rest didn't bother to reply. Unfortunately, this council is so deeply divided that it hardly makes sense to call them council members at all. They are not acting as representatives of their constituents. Instead, their decisions seem driven by political affiliations rather than the well-being of our community. This is not only shameful, but detrimental to the future of Fullerton.
Good evening, council. I am Oliver Montecristo, her son. The fact that I have to stand here, the fact that my injured can barely walk mother has to stand here and beg for her livelihood over a slab of concrete with no legitimately and more importantly, no consistent reasoning is insulting. Not only to me and my family, but to the residents of Fullerton. Mister mayor, on July 25, you plan to be celebrating at Fox Theater while allowing our space and legacy to be to be repossessed on rigid and unjust grounds.
Mister Zahra, I was there at your groundbreaking event two weeks ago, and beautiful trail, by the way. But in a speech you gave, you emphasized the importance of community, fought for the idea of shared spaces that we can enjoy and build relationships in. You made a promise. I urge you, please, to do the right thing. If more businesses were given the chance to build outdoor spaces without being gouged by lease agreements, we'd see more life on our sidewalks, more vibrancy, and more connection.
For the past fifteen years, we've been required to pay monthly lease fees to use outdoor city owned public sidewalks for patio space which the city does not furnish, maintain, or clean. We pay all the costs, furniture, umbrellas, heaters, lighting, maintenance, trash labor, and the city contributes nothing. It's equivalent to leasing an apartment without a roof. Without any consultation, our monthly lease has been increased from $1,200 a month to $3,500, which took effect back in November 2024. And because we missed a year of payment after COVID because the business simply wasn't there, we have to back pay an amount which totals to 1,200 a month.
In total, we are expected to pay $5,000 a month to use a weather dependent slab of concrete that the seating either maintains nor improves. That is $60,000 a year. I'd like to point out that this isn't some prime real estate the city could, use to generate revenue, by the way. These are slabs of concrete that if it weren't for our dedication to be a positive impact, they would see empty. Just empty slabs of concrete.
Worse yet is the twisted logic at the heart of this policy. Some, some businesses could simply pull out a chair of plastic tables and folding chairs in front of their businesses and face no consequences, a $0 monthly lease, no fine, no harassment. But if a business spends time, money, and care to create a beautiful, intentional, and community serving patio space, suddenly were worth thousands of dollars in monthly fees. This message is clear. Don't invest. Don't beautify. Don't improve. To make matters more outrageous, not all business are held to the same standard. In other words, I've been educated on the facts that some businesses are not paying at all, which is a a whole another can of worms of fairness and legality. And when asked to justify the system, the city claims it would be illegal not to charge a lease, suggesting that taxpayers didn't consent to the use of a public space.
This is simply not true. If it were, illegal cities like Brea and many others wouldn't be using a simple permit system without issue. You pick and choose when the public's input matters. So please don't hide behind the taxpayer when it's convenient, especially when the people who are contributing the most to the city's vitality are the ones you're squeezing the hardest. Right now, this city's policy discourages investment, punishes effort, and rewards mediocrity. It does not exact the opposite of what a business
I don't know.
Okay. Good evening. What has been happening in Fullerton and elsewhere in Southern California over the last month and a half, the illegal unconstitutional methods used by mask, ICE officers, or their impersonators to terrorize our immigrant community members has so sickened and depressed me. These people who are so much a part of our communities are being profiled and swept up brutally without due process and taken away. People are afraid to leave their homes, to shop, go to work, send their children to school, and to worship.
My heart is totally broken about what is happening. I am asking you tonight to agendize this issue, call an immediate special meeting so that the city of Fullerton can take action to support our immigrant community members who are a part of us. Immediately, I ask that you use our legislative platform to do what you can in the meantime. Non cooperation with ICE is not enough. Action needs to be taken.
I ask that the city of Fullerton join the federal class action lawsuit filed by the ACLU Public Counsel, the Immigrant Defenders Law Center, and the Coalition for Humane Immigrant Rights seeking an injunction to stop unconscious unconstitutional profiling, lack of due process nor the availability of legal counsel. The state of California and 17 other states also joined the lawsuit according to California Attorney General Rob Bonta. In addition to the city and county of LA, the coalition of cities joining the lawsuit includes Culver City, Montebello, Monterey Park, Pasadena, Pico Rivera, Santa Monica, and West West Hollywood. The injunction was granted, but today the federal government has filed an appeal, which was expected. Tonight, I beg you to join this lawsuit.
Now is the time for courage, for everyone to speak up, push back, and do all they can to stop this terror. Thank you.
Hello. My name is Emil Galawriak, and we start doing short rental. And this morning, my my dreams is broke, everything. I I receive a call at 08:00. If I don't remove my Airbnb from the page, I gonna be fine and everything. So I understand. We start do Airbnb because we check on the page, and we ask if Fullerton can do that. It's number 22 in the list in the short term. I think now we paid for the COVID.
Sir, was going to afford you a lot of grace to get there, but you mentioned the item and it's coming up. So I can't allow you to comment on the item until we bring the item before the public. All right.
What I can do, I can't speak directly?
You speak then, sir, of course.
Okay. No problem.
All right. Very well. Next speaker, please.
Good evening. My name is Robin Rush. I've been up here a few times. I wanted to say hello and thank you for the opportunity. I run Recovery Road. We are an organization on the border of Orangethorpe and Placentia in the city of Anaheim, but we serve about 30% of the Fullerton community. We are a food pantry and we also advocate for naloxone use. And we have housing and we go to the meetings here in Fullerton and attend those. I just wanted to say thank you. We are up for the block grant and I'm hoping for a great opportunity. I was challenged by somebody on your board about getting naloxone in the restaurants in Old Town Fullerton. We have done that in about 13 of them in the Old Town area. So
I just wanted to communicate and say thank you for any opportunity. Thank you.
Hi. Good evening. My name is Jose Trinidad Castaneda. I've had the privilege of serving on many boards and agency many commissions and agency boards over the past decade, amongst them being a former Buena Park City Council member, but a longtime Fullertonian. And I wanted to, offer, offer my perspective on what's going on with the ICE rates as well.
From what I saw in the last month, the city of Buena Park posted something on their web page to notify residents that their police department was not working in conjunction with any of the federal agencies with regards to immigration enforcement. And following that, web page posting and that city council meeting, there was an immediate ICE raid in my former district, just blocks away from City Hall. And so I encourage you all to, actually not do anything to attract any negative attention to the city. We know that ICE and California, and the Customs and Border Patrol, and all federal agencies are now based out of the Los Alamitos, Joint Naval Forces training base. We know that the colonel who oversees the base operations has been, forcibly removed from his ability to oversee the base and that federal, agencies are now operating and launching their ICE rates directly from Los Alamitos area.
And so they're paying very close attention to cities that do speak out against the federal administration with regards to their right to protest, their right to, defend immigrants and human rights here in our cities. But in doing so, they've attracted that negative attention, and they've actually put residents and immigrant communities in greater danger. So so now I fear and my family now fears that when we go out, we're gonna get pulled over and we take our passports and our birth certificates out from whenever we leave our homes in Fullerton. My mom has gotten pulled over in Santa Ana by federal agents be just for, you know, being a, you know, brown family in a in a van. So we know that this is happening.
We don't want for Fullerton to attract any unwanted attention, that will put our families in harm's way. Thank you.
Good evening. This council majority has governed with a disturbing pattern, rewarding insiders, silencing dissent, and concentrating power in the hands of a small donor funded network. Your very first meeting as a new majority, you killed Walk on Wilshire, an event beloved across Fullerton and supported by nearly 70% of residents according to the city's own survey. No real justification was ever offered. The only ones who wanted it gone, Tony Bushala and eight eighty eight Cigar Lounge, donors to both of the deciding votes.
Then in March, mayor Jung introduced a proposal to convert Fullerton into a charter city despite zero public demand and overwhelming public skepticism. Residents voiced concerns about expanded council powers and diminished oversight. Instead of addressing those concerns, you offered shifting contradictory justifications. You claimed it was to fight state mandates, but charts charter cities are still bound by them. You said it was to formalize a mayoral rotation despite blocking that very rotation by nominating yourself for a third term.
These contradictions reveal one thing. The true motivations behind this push are not being shared with the public. Meanwhile, this council majority has launched a quiet war on free speech. You banned local newspapers from city hall and tried to pass it off as a relocation to the library even though the library rack does not doesn't accommodate full size newspapers. You limited your colleague speaking time and banned negative commentary clearly designed to muzzle dissent.
These aren't the actions of confident public servants. They're the moves of insecure authoritarians. And on March 31, mayor Jung awarded administrative support for a cultural festival to another political donor, Jake Sagen Oh, owner of LinkOne Inc, through a memorandum of agreement signed without council approval. That is not your authority to grant, yet it fits the same pattern, quietly offering public resources to political allies. On top of that, you've repeatedly misrepresented your role to the Korean community.
You've taken multiple unreported trips to South Korea, met with Sungnam officials, and given the impression that Fullerton is offering economic support despite our sister city status being purely symbolic. You've used language barriers to create two versions of yourself, one presented here and another curated abroad, detached from reality. This council majority has ignored residents, rewarded donors, and silenced critics. You've blurred the lines between public service and private benefit. And tonight, you face a major vote under public scrutiny. I urge each of you to think seriously about what side of this pattern you wanna be remembered for and what kind of governance you believe Fullerton deserves.
Good evening, elected council, department heads, and our wonderful city staff. July is National Minority Mental Health Awareness Month, Disability Pride Month, as well as a National Picnic Month, and also National Hot Dog Month and National Ice Cream Month. The city and I'm one of those typical 10 that was referred to in some source along with Mr. Harrison and eight others the city of Fullerton needs to be congratulated for the Day of the Music and for the Fourth of July events. I am again here tonight to advocate for those families who live in the Orangethorpe Elementary School area and walk in the street to get back and forth to elementary school.
Children from pre k to sixth grade deserve a sidewalk and a curb to walk on. I see that students at the other elementary schools in Fullerton have a sidewalk and a curb to ensure safety to and from their schools. As far as the presentation by ACCOC, the cost of $5,000 and or the 21,863 that may be fine and it might be a fine expenditure, but not before that amount and more is spent on sidewalks for students five to 12 years old. To JV, District four Council member, it has been suggested to me that we should speak to the Orangethorpe School and also go to the Fullerton School District Board meeting to see if we can get help to have these curves built. Also, in all due respect to, Council Member Charles, when I watch the news at night and I see these these raids on people, it reminds me or it doesn't remind me.
It looks like the black and white footage that I saw of the Nazis rounding up Jews, gays, and blacks in the nineteen thirties in Germany. You know what kind of rule Hitler had, and, this looks very similar. I I think we should be doing everything we can to stand up for our citizens. I know the the current administration is is just present like California for political reasons. I do wanna say that, go titans, go hornets. Have a good night.
Good evening. My name is Matt Leslie. I hadn't planned to speak in public comments, but, just in relation, reference to an earlier speaker who claimed that that nobody wanted the walk on Wilshire, which who this which the speaker erroneously referred to as an event for some reason, but was in fact a years long closure of a public street. The speaker claimed that nobody want that nobody wanted it closed, that is the walk in Wilshire, and the street reopened except for one Tony Boushala and the owner of a cigar lounge. I'm here to say that's absolutely untrue.
I neither own a cigar lounge nor is my name Tony Boushala. I argued, many times to reopen the street and close the walk on Wilshire out of no animus toward those enjoying it, but just that I thought it was better public policy. So thank you. I just wanted to correct the record.
Thanks, Speaker.
Good evening, mister mayor, city council members. My name is, Curtis Campbell, activist for the homeless, the veterans, the OCTA bus drivers, the Cal State Fullerton students, the seniors, and the low income community. These are just some recommendations. I'm just gonna read what I wrote. It says please pull item number four, senior advisory committee meeting schedule.
I think we should have that meet every month for the seniors. Bulletin Observer, we, the community, we really need this newspaper. If you look at the front of the newspaper, you'll see me and my buddy Curtis and all the rest of us. We're at the we're at the grand opening for the trail, which is very exciting, and that's why we want the paper. That's the first time I've been on the front page.
You can barely see me, but I'm there. And it's very impressive, you know, so that people can have the recognition that they deserve. It's important. Hold on. I'm just gonna read this what I wrote down.
I'm just gonna read. The Rancho La Paz Mobile Home Park, 501 East Orange Circle Avenue, located in the city of Anaheim and Fullerton. The Anaheim side has 240 mobile homes, and the Fullerton side has a 150 homes for a total of 380, mobile homes. The mobile homes in the city of Anaheim is located in the SB 2 Virite Industrial Zones for emergency shelters, recuperative care, medical, respite. It's important that the Rancho La Paz Mobile Home Park and the Fullerton Navigation Center along with the Elimination Foundation partner together to continue to support our homeless community as well as our low income community.
We have our housing element states that we have 300 homeless people in Fullerton. We have Fullerton Navigation Center. It has a 150 beds, but we need another 150 beds. I went to a meeting the other day at the at the Rancho La Paz Mobile Home Park. Thanks to Todd and his wife Yolanda. They gave me they gave me an opportunity to to speak, and I shared with them that we should partner to help each other out. Retrolepaws, seniors need a lot of help. The seniors living at the night navigation center needs a lot of help. So if we can do this, I would really appreciate it. Thank you very much for your time.
Hello. Apologize for my voice. I wanted to just take the opportunity to correct the record further. I was part of the organization group Save Walk on Wilshire. We fought hard to save the Walk on Wilshire.
I understand that there's scattered individuals who may not have appreciated the space. As part of our endeavor, we readily got 2,000 petition signatures in favor of keeping the Walk on Wilshire. We had statements of support from over from almost 70 local businesses in support of keeping the Walk on Wilshire. I called the Walk On Wilshire status open because it was open to pedestrians and bicyclists and simply closed to cars. So all those individuals supported keeping the space open.
During our endeavors through the Save Walk on Wilshire advocacy campaign, numerous, numerous, countless individuals came running up to us when they saw our campaign name and asked, what's happening with the Walk on Wilshire? How can I save it? How can I get involved? Completely unsolicited by us. The overwhelming support that we received over several months of advocating for keeping the space open as it was was overwhelming.
It was incredible. It reflected an incredible amount of support for the space that the public clearly enjoyed. The reasons it were it was closed, by a vote by council members Jamie Valencia and Fred Chung were unclear. But what we do know is that on in October 15 at that city council meeting, mister Chung stated that he wanted to see it done right and demanded that the space be extended all the way to Malden. In a in a vote, he clearly ruled against keeping the extend the existing walk on Wilshire, the 200 feet, if the extension could not be made to please him.
He specifically designed a motion in that regard. This was about three weeks before the election, and knowing that the Walk On Wilshire was extremely popular, I can only assume that he didn't want to be noted right before the election for standing against an extremely popular community space. Subsequent to the election, in January, he then abruptly voted against keeping the Walk On Wilshire because the exact changes that he requested were apparently too expensive. And it's interesting that despite being a seasoned politician, he was seemingly surprised that a project of this nature would actually cost money. And Councilmember Valencia seemed to agree with him, and they both voted down this popular public space.
So I just wanted to set the record straight on that. Mister Jung frequently says that he doesn't feel that the public is worth listening to because it's the same 10 people who show up to council meetings over and over. However, given that we seem to have many new, members of the public here in chambers tonight, I just wanted to share that information for those who might not have been aware of it. Thank you.
All right. Seeing no other speakers, let's go to Zoom.
We have one caller online. Holly, you should be able to unmute.
Hello. Can you hear me?
Yes. We can.
Great. I just wanted to speak up in support of the two women who spoke out about ICE. There was a raid at the Fullerton Car Wash back on July 3. Nobody was arrested, and the owner or manager that was on duty was educated and knew how to get those ICE people off of his property and, leave without any workers being taken with them. Unfortunately, since then, they have, had a shortage of workers return to work, And, so they are seeing an influx of customers certainly who support them, but their workers don't feel safe enough to come back to work.
So, it is creating a little bit of a wait there. I still encourage anyone to go there. But the bottom line regarding that is that this business owner knew what to do when I showed up, and I think it's very important that the city council make educational materials very simple ones, available to business owners in the city so that they know how to protect their workers if and when ICE does arrive. I also agree that we need to join the federal class action lawsuit. I just disagree with mister Castaneda about not attracting attention.
I don't think that's a good approach. Speaking out about this disgustingness, for lack of a better word, empowers others to speak out, and it raises awareness that these techniques are being deployed basically just on people of color. The quote is not the the source of the quote is not definitely known, but there is a quote that says, for evil men or women to accomplish their purpose, It is only necessary that good men do nothing. So I think it is important for us to speak up in support of our immigrant friends, neighbors, family members, and make our voices known. I think if everybody's speaking up, it's gonna be hard for even all these new ICE agents that they're gonna hire to get everybody.
There's far more of us than there are of them. So that is all I really wanted to say. I do believe we need to educate business owners, though, about this. Thank you.
Alright. Very good. Bring us back. We'll have council reports. Councilman Zorra, anything to report? Yes,
thank you. Are we on a timer? So first of all, I do want to just thank everybody for who were able to come out for the UP Trail Groundbreaking. That was really a very unique time. It was a really nice moment in a very dark time that we're all living in.
So there's always these really good moments that we can always cherish. I do believe in the power of community, and I think that trail project that will happen there is a demonstration of what we can accomplish when we unite, especially against special interests and greed. I want to thank our staff for organizing such a great event and everybody who showed up and our mayor pro tem and for MCA. It was fun. And I really want to give a shout out to all the moms that were for years advocated and came in, and we watched them cry here and shed tears for to make this happen.
So really kudos to all the moms, especially from the ladies from the Center for Healthy Neighborhoods and Iglet Nunsee that has really been a great force of good for in our community. So and it's very unfortunate that a lot of people could not come out to celebrate that day because they are afraid, because there is a lot of fear in our community now because of the ICE raids and this really unnecessary aggressive policy to handle what could be a good immigration policy that and reform that could happen in a more civilized manner. This is just cruelty and in its worst forms, in my opinion. So I think putting out as much information, and I appreciate our RPD and our city for putting information out there for people to get educated on their rights, I think that's very important. And it's also important that we make sure that our business is also protected and we communicate we keep our communications open as a community.
So I know there's more to speak on this that the Mayor Pro Tem wants to, so I'll give her the lead on that one. But we certainly cannot be silent. This is not the time for that. And we certainly cannot cower in this time. Strength comes in unity.
And if we all band together, I think it's we will prevail as a society. I do have a couple of just follow-up issues. One, I did request last time the an update on the outdoor dining and to bring back an outdoor dining costs and policy that we have. This I requested that last time, but I don't know if it's going to I think I'm going to ask now for a formal agendizement of this because it's I don't know where it is. I've been asking for a strategic business plan that will include this.
Again, I've been asking for this for many, many years now. This is my seventh year on council, and we still have not done that. Yes, we are doing poorly when it comes to small businesses. So at least I'd like to review the cost of outdoor dining and leasing of these properties, if I may get a second.
Yes, I'll second that.
Okay. Thank you. Appreciate that. And I'd like it to be as soon as possible, maybe the next meeting or the one after that. The other thing I did ask also last time for an update on the urban forest plan. I'd like to know when that is going to come as well. I think that was I'm not sure if we've formally agentized or acquires that. We did, right? Yes. So I'd like that to come also as soon as possible.
And then finally, I'd like to just ask for we along a while ago, when we were when I first got on council in 2019, that first year, we started discussing the ADS our city's ADA compliance. And there was a plan in place for that. And then, of course, the pandemic happened and then there was a change in leadership. And so I don't know where that is anymore. And I really would like us to get an update on our ADA plan compliance plan for the city.
So I'm not sure where that is, but I'd love to hear from our staff on that as well. That is all. I do appreciate the Mayor's update on the regional boards that he serves on. I do want to just ask one more update is if we can get an update on the new leadership change at the MDW the Metropolitan Water District. Heard there was a change in the Director was removed and there was this new a new Interim Director. I think that happened several months ago, but You mean the General Manager? The General Manager, sorry, yes.
And the
best of choosing one. I'll update you when we do.
Okay. I I think I think it'll be good for the also the public to know about that. Thank you. Mhmm.
Alright. Madam, Mayor Pro Tem, anything to report this evening?
Yes. Definitely. It's been a a long month, that's for sure, since our last meeting. And during that time, I did go to one meeting, the Orange County Mosquito Vector Control District Trustee. It was really a good basic update. We actually have a relatively low mosquito population this year due to their efforts. They're doing a great job. I'll put a plug here for my newsletter. And if you'd like to receive that, please email me or talk to me after the meeting. I'm happy to put you on it.
That email distribution, I put it out after every council meeting. And I say this because the Mosquito Vector Control District did a great job creating a video about the dangers of West Nile virus, and I'll be including that in my newsletter. I also want to say thank you to everyone who made public comment. And many of you folks are living in the same world that I am and paying attention to the same news and definitely on the same wavelength on this. I've been very disturbed about the ICE activity in our city over the past month, two months, three months.
Those who have been here at meetings or have been watching have seen that I've been speaking out on this now for those months. I did note that the minutes that are kept, I looked at our minutes, just say that I'm reporting on our meetings and are not mentioning all of the other important topics, that I'm covering, that Council Member Zara is covering, that we did agendize the urban forestry plan. Our public commenter wasn't aware of that because it wasn't in the minutes. So I would like to ask staff to please do more detailed minutes on these comments. But I do also mention what goes on in my newsletters as well. So, please, contact me if you'd like to receive that. So when it comes to ICE, what have I been doing? And that was an open letter in the Fullerton Observer. I got a ping on my phone today about that that someone had written out. What am I doing?
And one of the commenters asked that. Not enough, and I'm just trying to do as much as I can. What I have been doing is going to every single protest that I can, including the ones out here in front of City Hall. It was really cathartic on July 4 to have my day be doing the car show, giving the mayor's award. As mayor pro tem, I got to pick my favorite car.
And then I came over here and protested, even leaving to do family things that I needed to do and then coming back and doing some more protesting on that and then going to the July 4 celebration in the evening. And thank you so much to the city staff for a really incredible event, where Fullerton got to celebrate. And I I said on stage there in front of thousands of people that what we were celebrating was the Declaration of Independence. That's July 4. It's the Declaration of Independence.
And the Declaration of Independence says, all are created equal, and it says that all have a right to life, liberty, and pursuit of happiness because they're human beings. Those are inalienable human rights, and that's what we're celebrating. And those are the principles along with, you know, the fourth and fifth amendments of our constitution, which was ratified in '26 on a completely different day, not July 4. Our constitution is what they're breaking, but also those really important principles from the Declaration of Independence. So I've been speaking out. I've been going to speeches. I've been organizing some rallies. I will be at the John Lewis event tomorrow night, July 25. I'm sorry. Not July 25.
That's a different event. Tomorrow night is Thursday night. That's over in Brea on State College, but it's just north of my district. It's literally the North North border of my district. I'll be standing there on one corner. And then next week, there's another vigil that we're going to be attending that will be here in front of City Hall. I believe that is on the night of the twenty fifth. I'll have to look that up, but it will be in my newsletter. And so I've been doing that kind of speaking out. I also, found out that a renowned legal scholar, was going to be at Cal State Fullerton last week.
And so I made sure that felt welcome in our district and and welcomed him to that. But I also stood up and asked him the really important question, which is what could we do as cities? And that's where I found out actually about the ACLU lawsuit for the first time. That hadn't I hadn't seen that in the news. With all the news I consume, I hadn't seen that.
And he did talk about that and talked about, well, cities can consider joining it. And from his mouth to God's ears because the following day, eight cities in Los Angeles joined it, including LA City who really can lead this effort and have the resources to do so. And thankfully, we got that injunction that Friday night, that enjoined ICE from targeting people based on these characteristics. That injunction is important. It does cover our residents even though it is not, we're not saying that it's, you know, only the cities that are there now.
It it's supposed to cover our residents. Unfortunately, the domestic terrorism tactics have been working as, was reported to one public commenter where people, even if they're not arrested or, you know, illegally arrested or afraid of showing up at work. In my family, I know that, my Latine, relatives are afraid. I'm afraid for them. And it's it's a really difficult time, but it it's a time when we have to use our voices and stand up. So I conferred with our city attorney, and Jess was given the memo right before this meeting. Thank you. And he's, said that I could share it with everybody. We will do that. That does say that this inj that injunction on last Friday does cover our residents.
And what we can do is we can join that lawsuit. We can. And we can do it with an amicus brief in the same way, that other cities are standing up and doing. I know other cities in Orange County are also talking about this at their meetings next week, and I want to agendize that we will talk about joining it, at our next meeting.
I'm happy to second that.
Thank you. Now, will also point out that my colleague council members are our last meeting did ask for and the staff did put just on our front page what Fullerton is doing in terms of immigration efforts, educating people about their rights, linking to the police policy that we have of of not working with ICE. All of those things have been on our front page of our website for a month. And thank you city staff for jumping on that so quickly. Also in my newsletter, I have been giving out know your rights information, and I do believe we need to do more work with our businesses.
So I'll be following up on that. And hopefully, we will also have a good rest of the summer as much as we can. All the fun events in Fullerton going out to things like the free movies that our city staff are putting on for us, the concerts in the park, all of those community events. So important to bring us together, and we will absolutely protect our vulnerable neighbors. Thank you.
Council Member Valencia, anything to report?
Yes. I just wanted to say that the Kaboom playground project is going along nicely to go along with the Union Park Trail. That will is still planning to go ahead September 13. Thank you for all the community outreach that was given during the July 4 event. We had over 800 participants, which is the most that Kaboom Planner has ever seen. So congratulations, Citi, for getting involved. Super proud. And we should have the phase done by next week, and then we're gonna go forward. We might put a little community garden in there. So there's lot a of stuff that's happening over there, and a mural, art stuff.
Very excited. There's also an event coming up on July 26, Christmas in July. It's a big effort for donation of supplies. Fire will be there. Pathway of Hope will be there. A couple other organizations will be there to help put together this drive for donation events. Supplies, I mean. So bring nonperishable food, hygiene supplies, school supplies, and let's fill the truck up with goods to give out to people. So please come. It's July 26, again, at 08:30.
It's a bike ride and donation of events. And I'm also gonna put together a meet and greet myself. I am, yes, doing this in our district, District 4. And I'm gonna pick a park, I'm gonna have some city staff come, and we can do a meet and greet, questions, answers, and you can get to know me on a more personable level. So stay tuned for that. Check out my social media website for the date and time.
Thanks so much. Alright.
Next
Oh, I'm
so sorry. It's at the Fullerton Loop. It's at the courthouse. So you can give the donations at the parking lot of the courthouse and go ride your bike.
Nelson Mandelb, anything to report this evening?
Yes. Excuse me. I'd like to start start first by congratulating Golden Hill Little League's 12 who tonight actually were successful in winning the sectional championship. So for those who who have been involved with little league in baseball, over the years, they start first in District 56, which is sort of the local area. They were successful there.
They they won out, went to sectionals, and they kinda drew the short straw. I had to play Friday, Saturday, Sunday, Monday, Tuesday, but they were successful. They won the first game, lost the second game, came back, and, basically won out. So, it's a very exciting time for those kids who will now go on to play Saturday on Fountain Valley where they will be in the state championship And potentially, they're hoping to move on. They're hoping to get some revenge on, the team from the Valley that beat them last year. So send them all the best and, certainly, very grateful for the parents and family members who make all the sacrifices to make those kids' dream come to fruition here. With that, I just have one other plug. We have Leo Fender Day coming up August 10. It's going to take place four p. M.
At the Fullerton Museum Center. And as part of that, we actually there's going to be a great addition to being the end of kind of the closing ceremony for the Fullerton Punk exhibit that's been so great. If you haven't had a chance to see it, I strongly encourage you to get out there before it closes. But on that day, for Leo Fender Day, they're actually going to have three bands playing including Agent Orange, Manic Hispanic and Channel three. So if you get a chance, you should definitely make it a point to be there. It's going to be a great event. And again, if you haven't had a chance to see the exhibit sometime before August 10, make it a point to get out there. That's my report for this evening.
All right. Very well, Councilman. My report is in the agenda packet. We'll move on to consent calendar. Councilman Zahra pulled eleven nineteen. We will take those at the conclusion of the meeting. I will seek a motion for the balance.
I'll move the balance. Is there a second?
I'll second.
Madam Clerk, call the roll please.
Council Member Dunlap.
Aye.
Council Member Valencia. Aye. Council Member Zara.
Aye.
Mayor Pro Tem Charles? Aye. Mayor Jung? Aye. Item passes.
And 20 is our regular business item. It's a proposed lease amendment for city owned real property located at 12140 East Santa Fe Avenue, Fullerton Transportation Center. Let's get the presentation, Mr. City Manager.
Mr. Mayor, if I may, just while they're preparing, I know a lot of residents and I had requested also to be the for comparison leases to be made in the public record. And I do have them here, if I can just give them to the clerk so she can include them in the public record
They are for in our supplemental
materials. Correct.
They do you included all of this? Okay.
Yes. Saw the e mail earlier.
Yes.
Excellent. Thank you very much.
Mister mayor and city council, I'm gonna give a brief report on a possible lease amendment for 120 East Santa Fe Avenue. Under background, this lease was originated. This is the Train Depot, Train Depot lease, and it was originated in 1990 with Bashalla Brothers. At that time, the Fullerton Redevelopment Agency for background. For those who don't know, Fullerton Redevelopment Agency was a component of the city of Fullerton.
Those were then disillusioned in 2012. And this agreement was then amended in 1992 for a thirty five year term expiring in 2027, and the current lease includes two two ten year extension options through 2047. The city then became the landlord following dissolution, which was in around 2012. I do I will get into some specifics about the areas as we get into presentation. The the issue before I go too much further, the two things you are looking at are whether to add one specific area to the lease and two, whether or not to extend the term of the lease.
So right now, it's 2040 or 2047. It's whether you would extend it to 2060 and whether you would add, area eight. Those are really the critical issues that you are looking at tonight. Lease term extension, like I said, is optional extension to 2060 is in the, proposed amendment. Expansion of areas, it says Area 689.
I wanna make it clear that Area 6 is already an option that the leaseholder has through 2047. Area 8 is the critical area that would allow them to bring in a restaurant, to the train depot area adjacent to the proposed hotel hotel and, housing. Expanded uses would be the restaurant, food prep preparation, alcohol sales. Tenant improvements do require, and this is a significant thing and probably one of the main community benefits, require significant investment upgrades across multiple areas or not this isn't with a five year deadline for completion. The five year deadline is something that the council talked about, with us in closed session.
And the five year deadline is a key component of this particular lease, which was not in previous lease, of this lease amendment, which was not previously in the lease. So as you look at the picture, on on the screen, when you look at area 14 A 214 A 233 and five, those are already currently in the lease and the lease rates through 2047 and through the extensions to 2004 2027 and extension through 2047. Those areas are already included in it. Area six is already include area nine is also a subcomponent of it, and then area six is a option that has not been done by the lessee, but they plan to do it for six and nine. That is already covered in the lease currently, but as an option and will go to out to 2047.
So all those are already currently in the lease through 2047. This lease amendment would allow the city would allow the leaseholder to have the extension through 2060. Area 8 is the area that's currently not covered in the lease. So that is the main component that is being put in there, and that is at $2, a square foot per month is what Area 8 has is being proposed at. Here's, pictures of the current premises as they currently look.
You have the premise one is the Amtrak existing lease area. Premises one a and four, is shown in the middle picture. And then you have the Santa Fe outdoor dining and the dining public access area, on 2 and 9. I do wanna put, let the council know that on the outdoor dining, that's not exclusive to the cafe. Anyone can sit there in the outdoor dining area, just so you're aware.
So people that are waiting for the train. So that is used for patrons of the cafe, but it's also available to anyone that is waiting for the train or any other general public. Premises three, existing lease freight area house, and Premises 5 is existing lease cover loading dock currently. The option lease option area that I've referred to before, which is one of the critical areas if we were to have the lessee do a restaurant is Premises 6. That shows the covered dock or extended portion of the covered dock.
And then Premises 8, that's another component that would be there to, be added to the lease. So Premises 8, as it currently looks, that is the area that we're talking about at the $2 a square foot. And then Premises 10 is not included in the expansion. Some community benefits, that I wanna make you aware of, private investment in public in the public property. So by if you agree to this lease, there would be, a further upgrade. You'd have
the
restaurant, which you have pictures right here, and that's the main thing we are looking at. And the other part of it is that based on council direction, we did put in five year a five year, time period where the improvements have to be done within five years or they would lose the rights to the extension. I think that's an important and critical part of this. That is something that was never in the lease going back to 1990. That's an upgrade to the lease today.
These are pictures that were provided to us by the architect of the, current lessee of the of the property. The rent structure, as, I previously said, you have, right now, you have the existing leased areas, which I would say, I would say the leasee would also agree that those are substantially under market rate. Those were established back in the original lease. We do not have the right to adjust those at this time. So those are under it.
They would then begin to come up to market rate if you approve this in 2047 through 2060 through 410% increases, and then a market rate adjustment at the end of that. You then have, eight is where it's at $2 a square foot. One thing to let you know on the on Area 8, while it's two dollars a square foot, it again would also be reevaluated market rate again at 2,047. But one, thing about Area 8 is if you did not decide to go forward with this, there would really not be an option for another party to come in and lease that area. That by itself without the other areas probably would not be able to be leased out at a rate for a user.
There are rent credits, and the rent credits are around 75%. There's a couple different ways you can do rent credits for those that aren't familiar with this. I have done deals where the city actually will put in improvements and then they will, they will as part of the lease rate, you might have a higher lease rate or you might have a lease rate, and then the city puts not the city, but the landlord puts in improvements, and then they will negotiate how much in dollars and improvements you'll put in. Or what we do is we don't put any funding upfront for the improvements. Those improvements are up to the tenant or the lessee, and they have to put in the improvements.
And then we're giving up to 75%. I don't remember off the top, but I can look at it. But we we have a cap within that 75% of the max that they can get in rent credits. And then in addition to that, because of the hotel construction and how it could impact access to this area, for this lessee, there are some there are some conditions that are put in there based on possible impacts to access. So before you is the, is the proposed lease.
Again, the two main areas of the proposed lease, everything is already leased through 2047 with with the exception of area 8 or has options to be leased through 2047 without exception of area eight. Area eight is the key, component, and that would be at $2 a square foot. And then also bringing to market rate in February for starting to bring into market rate at 2047 through 2060, and so it'd be the extension of this through 2060. I do not see how another entity could come in and lease that area because so much is under control of the current leasee currently under the 1990 and 1992, agreements with the city or at that time the redevelopment agency. With that, I'm open for any questions.
And also I think we have other staff here that could answer questions both from Public Works and Community Development.
Right. You. May I just One moment. So the lease expires currently 2027. The tenant has two ten year options that could take the lease all the way to 2047, correct?
That is correct. So I always use the term 2047 just because they have the options through 2047.
Okay. The city recently, we had proposals for historical preservation project at the transportation center. We had a bid process for that, right?
So we had an informal bid. So there's and I think at this point, would probably turn it to Public Works. There were two different projects. One was a Clean California grant, and then the second was an ADA, which was a compliance with the DOJ. If you want more information on that, I think it would be best to have someone from Public Works address those.
Okay. Let's do we know where the funds came from regarding those improvements?
Clean California was a grant project. Department of Justice, I believe, was out of our own fund, but it was a compliance agreement we had with the Department of Justice that required the city to make those improvements.
Yes. If we can get somebody from Public Works to talk about the bid process.
Mr. Barry, it's just a point of order, if I may, just a technical thing if I can interject just real quick, because I did receive a letter from Mr. Bouchala's attorney asking me to recuse myself with a claim of bias against Mr. Boussalla. So I just wanted to get the for the record, the opinion of the city attorney for that, just I think that's important for the record.
I did receive a copy of a letter directed to Mr. Zara this afternoon from the attorney representing Mr. Tony Boushala. Mr. Boushala's attorney represented the fact that Mr. Zara, he felt, held such strong personal bias and animosity towards him that he would be unable to render a fair and impartial decision this evening. With respect to the legal standard here, there are two standards by which the council is measured in terms of their conduct. The first is where there is a public hearing. This is not a public hearing. A public hearing entitles the parties to due process and the Council cannot form any opinions prior to the conducting of that public hearing.
In this case, this is an administrative or legislative item. It's a contractual relationship. In that particular situation, Mr. Mazzar is capable of having his own opinion. He can express that opinion, but he also must not have such personal amnesty enmity or bias against mister Bushala as to not be able to render a fair decision. That decision by mister Bush by mister Zara is personal. If he feels he cannot be fair this evening, he should declare the conflict. If feels that he if he feels that he has such bias, he should recuse himself. If he feels he can participate, he can still declare that he does have some civil exposure by mister Bushallah. I would also put in the record the letter I received from mister Bashallah's attorney.
All right.
Sounds good. And for the record, I have no animosity towards Bashallah brothers or any members of their family. And I can certainly render this on the merits of this agreement for the community's benefit. So on this, though, I do have another point of order on the same subject matter, if I may. I know that there were that was brought to my attention that there were donations that were made that from the Bouchala brothers to the mayor's supervisorial campaign. Now I don't know if those were older and transferred or not, but they were brought in. I'd like
to Old transferred.
So but maybe we can get also the opinion of the attorney on this, whether, Mr. Mayor, you would need to accuse yourself or not.
Again, we've gone through this. This and other items were brought to the attention of the FPPC by a citizen. The FPPC has gone through and rendered their decision and found no basis by which any council member on this council to recuse himself with respect to the items involving Mr. Bushallah.
All right. Any other points of order yet? Very well. Let's get the bid process from Public Works.
Thank you. So I'll start with the Clean California grant that was solely 100% funded from state funds. The project had a strict timeline of twelve months to get all the work done with multiple components. Council at the when we accepted the funds, Council provided staff the authority to expedite any awarding of contracts. So when it came to the work that we were doing, we reached out to multiple contractors depending on the type of work we were doing.
When it came to the actual, work on the building itself, I reached out to a contractor we worked with many times before who's very familiar with the historic type work. The quote we got from him was, excessively large in compared to our budget. And so at that time, we could not move forward with him. Otherwise, it would jeopardize all the other work we were attempting to do for the project. I was also talking to historical architects about the best way at the same time, talking to historical architect about the best way to approach, dealing with the building and the plaster.
And it came to my attention at that time that the Wichala brothers actually did the initial work many, many years ago on the plaster work. So at that time, I made the decision to reach out to the Bischalla brothers and basically negotiate a contract with them.
I see. Can you disclose what the amount of the initial vendor was?
I want to say it's between 300 and $400,000
Okay. And what was the actual contractor that got it? What was their amount?
$95,000 Okay.
So $400,000 to $95,000 All right. Thank you.
I would actually confirm that we believe that the work was done at a substantially lower price than we were able to get from another vendor.
So with that in mind, has the Mr. City Manager has or Mr. City Attorney, I suppose, have the has the tenant ever been a default of their lease?
apologize. I turned my microphone off. We found no basis determination for of a breach of the lease.
None of us were here when the original lease was executed, I don't think, but did the tenant use taxpayer funds for the restoration of the train station as far as we know back then? Or did they use their own funds?
My guess is Mr. Bashar probably can give the best answer. I don't know. Sure. What do you say? Yes.
Use our own.
Understood. All right. Any other questions from our counsel?
No. Sure.
Thank you. I do have some questions on this. My first question is to staff. Who is the lead negotiator on this from our staff side?
The negotiation was myself, was involved in it primarily, and then the community development director, and towards the end, the deputy city manager.
Okay. Thank you. And then, and forgive me, I do have a a quite a few questions, so, bear with me.
But I will, I do wanna add one caveat. Based on research of history, this lease has been negotiated since 2016, I wanna say, and it's been started and stopped multiple times. So I'm the leading negotiator, I guess, for currently what's in front of you, but it had been a start and stop lease negotiation going back to 2016.
But we don't have an attorney negotiating on our behalf. It is all staff negotiations.
Which is pretty typical, yes.
Okay. Also, you mentioned just a few things in the we'll start with the cost per square footage. Now there's obviously the old contract, which we have no control over. But the new area, dollars 2 a square foot and then the overall annual cost is 40 or lease is $45,000 Is this in looking at comparable leases with other businesses because it is a business, not
nonprofit. We are look like if we, let's say, take the Summit House, which also leases and they are doing they have a restaurant and their lease the reason I use that is because it was from the same period. I believe their lease started in around that same time period. These are all redevelopment agency kind of leases. They pay, I believe, about $29 per square foot, and that's $12,500 per month.
And they also maintain the park in that area. They maintain the historical gazebo and they also pay 6% gross receipts from the restaurants. And in fact, last year, they brought in for the city about $643,000 in revenue to the city from that lease agreement. My question here and I know that, for example, so the Boys and Girls Club, which is a nonprofit, their lease is about $8,000 a month and they provide a service to our community. DRIP, for example, that's a more recent one.
They I believe they pay also about a three what was it, thousand a month plus a three to four percentage points from their gross receipts. Now my question is that why has our staff not looked at these other leases and then included knowing that there is a restaurant here and I did a potential restaurant. And I believe this restaurant idea is not new. This has been actually, I went and looked over the old lease, the original lease, and there was discussions of a restaurant then even. So this idea of a restaurant in that area has been in the works for thirty years, it seems.
Why is it that we haven't negotiated a gross receipts clause in this one? This is a question to our staff who negotiated this.
So we that was not an area we looked at in negotiating gross receipts for this particular one. It is so I wanna make sure and clarify because there is an apples and oranges in what you're saying because when you were saying the '29, this is actually $24 a square foot. Because when I was quoting the $2, I was quoting per month. The $29 is per year. So I just wanna make it a, apples to apples.
Yeah. Summit House is 29 per month per per month. I Not per year.
I'd have to double check on that. I don't I'd have to double check. I do not believe
I mean,
their lease is 12,500 a month.
I'd double check on that because 29 per month would be way above anything in the market here.
Whatever the numbers are, maybe my math is wrong, but it is 12,000 a month. Right?
Yeah. Above?
I'd have to look at that, but I would
say We can look at it now. I mean, it's have the we have the we have these now. It's in the record. No? So let's look at this right now. Where oh, is it is it absent? Because okay. Yes. That's the one that was was absent. Yeah. So it was it was it's missing here. But I know from other records that I have found, it is 12,500 a month. But, DRIP, for example, is 8,000 a month. That's more than 45,000 a year. Right?
So Right? So I we didn't look at it from a gross revenue standpoint.
So when you negotiated, you weren't looking at comparables, you were just negotiating on with this for this lease, not looking at others. I mean, I remember when we were negotiating with nonprofits, you were trying to standardize the nonprofit agreements. When the negotiations with this museum association, you start looking at other nonprofits and try to standardize that. Why is it that we're not standardizing our lease agreements with private companies?
I would say that many of our leases are unique. For instance, the museum using that as an example, the museum, we have quite a bit of maintenance, for instance, that we do per month in the museum, which is I I don't have the dollars in front of us. Mhmm. But I know that, like, in the last six months, we've probably spent 50 maybe 50,000 plus and I'd say I'm on the low side. Okay. I would say whereas in this case, we don't spend any money on the maintenance.
But we are crediting the maintenance back.
Should also consider in real estate, the motto has always been location, location, location. I don't know that we could do one standard lease for
all Fair enough. But this is a location, this is a prime location, right? It's in our downtown by the train station.
The most comparable is the Old Spaghetti Factory, which does also have 4% of gross receipts. But I was gonna ask staff about why it's missing. It seems to be cut off both on the Excel file and the printout. It says average rent approx and then there's no number. So I would like to know the monthly rent for the Old Spaghetti Factory and they do have 4% of gross receipts. That is I think the most comparable. I mean that is the same Right.
Actually, Mayer,
if may, I haven't finished. Know if I may continue my questions and then I'm happy to defer my time. I do have the maintenance. I have some math questions. Again, forgive me, I'm not the best at math, but we are crediting up to 75% of the rent on any maintenance. But then you have a
No. Not on maintenance, on tenant improvement.
Oh, tenant improvements. Okay.
But then just want to
make sure that's
But that's 75% of the 45,000, right?
No. 75% of money that they're putting in to expand, to upgrade and put in the restaurant. And so it'd be tenant improvements and it'd be construction costs, not for maintenance.
So so how does that work though? Like, when you say credit, could you explain that to us?
Because Sure. So two ways that you two ways that I'm familiar with, which I'm obviously not an expert in, but two ways I'm
familiar But you negotiated.
But I'm not an expert in this. But two ways I'm familiar with, which I have negotiated before. One is where a landlord or the city is a landlord, which I know other landlords will do, they'll put in so much in improvements to a new building, and that's what the restaurant would be is a new building. You'll put in so much in improvements and you'll give the tenant this is how much we're going to put in tenant improvements or construction costs for your building or for for the improvements. We aren't actually building anything into this building, but for your improvements, this is how much we will put in, and then that goes into the rent calculation.
Or the opposite is what we do is they are putting in all the cost for the construction of the building, of the restaurant itself, as well as the tenant improvements within the restaurant, And then we're giving them a credit towards that in their rent, which is typical. And then our credits and our leases here, we have goes anywhere from 100% down to lower than 75%. So it's
not the
highest that we give, but it's not the lowest.
Right. So so but it goes like it's discounted from the the rent.
It is discounted from the rent. So the rent will be lower
and then So help
me with this math. If it's discounted from the rent of $45,000 but you're capping the you're saying the any of these improvements not exceed 190,000
Correct. Total.
Total. So when you're crediting this, you're crediting over the life of the rent? This one is so Yes.
Would be on a square footage per
square foot.
The if they, let's say, spend $190,000 in improvements, that's the cap, right? So basically, it's 190,000 every year? Not every It's taken out no, it's from rent every single year?
No, it's not every year. No, that's for the life of the lease. But there will be, it would be calculated per month. Yeah. It would lower that lease per month on the $2 or $24 a square foot per year.
But it's carried forward. That's my point. Yeah. It's discounted from future rents as well.
It's carried forward through the time that that Right. Credit is expended through. That is correct. The other option would be that the city, so like we don't have this capability, but if we, for instance, of what I've seen in some is that the city should just build the restaurant itself. So if we built the restaurant, we would still be getting a rent per month, and you might say it might be 24, it might be higher, let's say 28 or 29. And if we got that rent per month, we will have already put all that capital cost in before we start getting that rent. So this is just a different way of doing it. We're giving credit to them, but we're not having to expend any dollars out front for that restaurant or take Okay. That
Now I have a few more questions. So you said the Lalise these actually, I stick to the maintenance. So there's something called soft hard costs and soft costs. Could you explain what soft costs are? And then in any of these, do they do the does the business provide the city with receipts? And and how does that work as far as keeping up with the records?
The soft cost, I'd have to look more specific on what the soft cost would be.
Yeah. There's no definition in there for soft cost.
I can answer that in general. So hard costs are related to construction or physical things and soft costs are related to legal fees, documents, administration, stuff like that. So it's not tangible to the project itself, but it is part of the project cost.
So even legal fees can be billed towards this then?
In general, those are those would be classified as soft cost. Whether those are applicable to this would have to be depending on the lease term. But typically, project administration, those sorts of things, those would be classified as soft cost So in general.
They, you know, they're any any assistant that's working on the maintenance, things like that that they bring in administrative lunches, things like that. Those are all be could be built towards this?
I'm not providing any guidance on what could or could not be built.
I'm just But this is the agreement we're signing, so we need to have guidance on this now for the public.
Yes. I'll So
if I can provide But
who determines this? There's no definition in this agreement of what soft cost is.
So on Page five, Section C from Hermes Area eight, it talks about the credits that are provided for both the 75% but also the hard and soft costs. The hard costs are for construction and other soft costs are for permitting. The intent is more for permitting, architectural fees and others. That's usually what is the bucket of costs.
But that's what you're telling me now, but it's not in the agreement. These definitions are not in the agreement, are they?
They I will have to look at the definition section of it, but we have the ability to interpret what those hard and soft
costs are. Because I think that's very important to I think it creates clarity for the sake of the of the of the lessee and and for the sake of the city and the community. I think this is really important. You can't have vagueness in this and and then it'll open it up to misinterpretation. So I think these are very important points that we need to clarify. The other thing is I want to ask is the appraisal. It says here that there will be an appraisal in 2051. Has there been an appraisal now?
An appraisal, you mean an appraisal of Area A where the Yes. No, there isn't. The appraisal would be for the land itself, I guess, because there is no structure there.
Okay. But then this in report, it says that the FMB based on an appraisal, like, rent will shift to full FMV based on an appraisal in 2051. What what does that mean?
Oh, I think you're talking about when we're going to market rate. I believe, Sunayna, if you could hold. I think what you're talking about is after February after
I'm just reading here.
How the 2047. I think you're talking about when we start going to the market rate negotiation calculation. Yes. Because right now, we have all the rates set up to 2,047. One, most of the areas are already set from a previous lease that we're already in the middle of middle of. And then the area eight is the $24 a year or $2 a a month square foot per square foot, we have that. But then when we're relooking at market, then that's when you do the appraisal. And so I think that's what you're talking about.
Yes, that is what I'm talking about. Is in here in the report. Why is the appraisal for this in 2051 when the lease ends in 2047?
Because of the 10%.
Oh, because the first four that's correct. Thanks. Because the first four years in the lease, it shows that we would do a gradual increase of 10% a year for 4748, '49, '50. And then in '51, there would be this appraisal to see whether they're at market rent or not. If they're not, then at that point, it goes up to the full market rent.
And why has an appraisal not been done now by a third party?
There is no structure there for the appraisal. I mean Well,
I mean, we're renting it out. There is a future structure that's gonna happen. Right? So that has to be considered.
A money making venture.
So the again, the proposal was $24 a square foot per year four. This is Area 8. All the other areas are already are already, and I just wanna I'm just gonna keep going back to that. All the other areas are already locked in and it's the $24 for Area 8 and it's to allow for a restaurant. And basically, our revenue generation is also gonna be the restaurant itself and the sales and the activity.
Right. Well, our job is to get the best for our community and for the residents and create some fairness also in the way we conduct business with vendors and so on. All right. Any other questions? Yes. I do. Yes, please.
Can you afford to wait until we're done with a Well, couple of I'm almost Let somebody else get an opportunity. Right. Two more questions.
All right.
Fair
enough. One is the now you said in the the tenant must complete requirements, you put a set of five year date, right? That's in your presentation, there was a five year date. You did fail to show in the presentation that you also have up to five one year extensions.
That is correct. Based on
So basically
there is reasonable reasons Right.
Similar to So technically ten years, not five years.
If there's reasonable Right. If there's a reasonable reason, similar to other agreements we've had.
Right. Now since this is this may be subjective because this is given the the this is the authority is given to the city manager on this one. And who knows what who the city manager is going to be in 2051. Most of us are not going to be here. Have you created a definition of good cause and progress? Is there a criteria so that it's not a subjective decision but an objective one?
It is more subjective similar to other agreements the city currently
So it's subjective. And you're okay with that?
Well, it's not object it's not objective in that it's this, this, or this creates it. It is because there are conditions that occur. So for instance, we've had subjective agreements, I'm sure, here. I know I have in other cities where when the pandemic hit in 2020, that was something that if it was an objective criteria, probably would not have been in there. But under a subjective, you would definitely be saying, yes, that is a cause for a continuation.
So can we put in here as as subject can we define at least something? You know? Like
So This this is definitely a a lease that's being proposed to the city council, and the city council could you have three choices. The city council, you can approve the lease as presented. You can reject the lease as presented, which at that point would just maintain where they would have the ability to extend the lease to areas and you we wouldn't have eight. Or you could ask us to go back and renegotiate with one or two specific provisions.
Mhmm. Alright. One last one.
Check that I also Yeah. Just just for legal purposes. In the event of a lack of a definition, then the courts look to commercial reasonableness. And so what they would do as a standard, if there was no specific definition, they would look to the marketplace and look to what is commercially reasonable and use that as the standard if there's a lack of definition.
And these commercial leases in general, they are not articulately defined down to these kinds of nuances, are they?
Not typically. And Mr. Dunlap is an expert. He could probably give you more information on that.
All right. I have one last question on this. In the just going back to the maintenance and improvements and so on, there has been obviously improvements done and they were done nicely, I think. And has there been any records of any of this, like receipts, things like that, that was submitted to show compliance with the original contract?
Which are you talking about the preservation improvements that we recently did?
No. I mean, overall, in general, I know that there's been upgrades and updates in the past, not just this recent one where he got the contract to do it, but also in the past, do we have records of anything that has been done so far, up until
We have found some records both through newspaper articles as well as through through bids, of work that they that the Bashallah brothers did work. Now this was back in the 1990s, but they did from the records we see, including newspaper articles, it was somewhere between $500,000 and $1,000,000 of work that done.
Right. But we we have no record of it. Right?
Officially Well, those are the records that we have found. Yes.
Where where are they? Where did you find them again? Is it
We found them in our files.
In your files? Yeah. Because I because I I I actually because I asked about this. It was an email that that I asked But but it wasn't sent to me. So I don't know.
But they again, newspaper article a combination newspaper articles and bids that we have seen in the files from the redevelopment agency in the 1990s.
Alright. I I'd appreciate if that could be sent to us as well because I did request this, a bunch of information. And your response was that there were no records that you have. And I have the e mail, and I think you sent it to the entire council as well. I also asked the question whether there were any sublease agreements for in the original agreement. Do you know of any subleases that were happening because
No. They have the ability to notify us. They've put it they've put some of the spaces onto the market, but no tenant has been identified.
Right. But it has to be notified to Correct. The city, But according to the e mail, there were no records or notifications of any subleases, correct?
Not that I'm aware of.
Right. Although there was a comic bookstore, I remember, for the longest time there. Do we have no record of there of that?
We would have to check on the past lease, any of the confirmations on that.
Okay. I think that would be important to know because that could be a breach of the old contract if they haven't notified the city.
All right. Any other questions?
That's all Councilwoman questions I have for Dunlap?
I can wait until after public comments.
Very good. Councilwoman Valencia, any questions? All right. Madam Mayor Proton.
So I appreciate all the questions by my colleague and I just wanted to reiterate mine about the old Spaghetti Factory line here on the rent and if that is available at this point, because that to me does seem to be the most directly comparable, because it is in the same location. It's serving the same population, all of those things. And then my other question coming and maybe this is a question for after public comment, and I'll throw this out is why is it not possible to do a restaurant as envisioned before? Why has that not already happened if that's something that the person who is the entity who is leasing a very large portion of the train station already hasn't been able to do? And then the would you like to answer the first one?
Seem you're ready to go. I'm sorry. Going back to the first one. Appreciate the enthusiasm.
Okay. So your first question Just regarding the rent on
the Old Spaghetti Factory complex. Have and they also have 4% of grocery seats as I see here, but the rent is cut off.
Yes. So similar to a lot of our redevelopment agency leases, they
are
all below fair market value at this time. So Old Spaghetti Factory is actually being negotiated right now. They are up to matching to fair market value. They're at about $18 a square foot or gross receipts.
Per year, right?
Per year.
The Summit House, obviously, is higher. They produce more because of the nature of their restaurant. You have to there's multiple things you have to consider when you look at retail leases, not only the site considerations, what are they doing in terms of improvements, what are the configurations of the space, what's the product that they're producing, etcetera. So no lease of ours are they're not apples to apples in any shape or form. You have the opportunity as this new option to consider some of these components.
I think the 24 right now in terms of fair market value, it's anywhere from it could be 24 To 34. And it really depends on the use, it depends on the space. This is a unique space that's there considering it's an attachment to the train depot. The other component is they don't have the rights over Section eight, so there's not a way for them to execute on the restaurant. There may have been preliminary plans. We've seen a lot of the concepts in the past, but they would need to have they would need to retain Section eight in order to produce a project, like a restaurant or similar.
Okay. Thank you.
All right. Anything further? Madam Mayor Proto? All right. Very good. All right. Public comments.
I have three people registered for this item, and I have a feeling we'll have a few more lined up to speak after that. The first speaker is Karen Loretta, then Todd Harrison, then Yolanda Harrison.
Sorry. I'm so slow. Mister Jones can appreciate. I'm due for a couple of knee replacements. Okay. So, first, I'm Karen Laredo, resident of Fullerton. And I am opposed to the approval of this lease amendment number two between the city of Fullerton and the Bouchala Brothers Incorporated for city owned property at 120 And 140 Santa Fe Avenue. I am very concerned that this lease as written may constitute a gift of public funds, which is illegal. The existing lease between the city and the Bucella brothers does not expire until September 2027. So why renew it now?
Given that mayor Young is a candidate for the board of supervisors district four in 2026 and the Boushalas are longtime and generous campaign contributors of mister Young's, might it be timely to get this item of business settled before campaign contributions for that election could raise a conflict of interest for mister Young. This proposed lease appears to generously favor the tenant, the Bouchalas. Here are a few notable concerns. It provides numerous tenant opportunities for extensions. It extends to 2047.
The third one extends until 2060 and a fourth option provides a further extension of unspecified duration. This proposed lease adds additional spaces and uses, restaurant, entertainment, and alcohol sales. It allows for subletting by the tenant, the Boushalas, Given the city's current financial difficulties, it hardly seems the time to be offering a sweetheart deal for a valuable city asset. Why would anyone want to allow the tenant to collect rent that would otherwise go directly to the city? There are a few extras thrown in for good measure.
The Bouchalas get 75% rent credit for soft and hard cost improvements. What happened to tenant improvements? The tenant has proposed a $2 per square foot base rent for areas 6 And 8. Areas two and five rent to remain at its current levels with CPI adjustments at 4%. Most people would kill for 4% cap. But here's the kicker, the property does not revert to full market value until nine till 2047. Correction, as of this evening, now twenty fifty one. You may vote tonight, but I wouldn't count on this issue going away.
Next speaker is Todd Harrison, Yolanda Harrison, and then Maureen Milton.
All right. So is there anyone listening not associated with Dushalas that think they got one hell of a deal from the redevelopment agency so long ago, a long lease with multiple decade long extensions at effectively the same rate? Does anyone think that rate now is good for the city or is fair to the other higher paying percent of revenue paying other businesses in that same area? No, it's not. Yes, of course, this was decades and decades ago.
No one involved in these negotiations and lease originally had any clue what could happen, had no idea that the situation would be as it is now. So they put in these very long potential extension options. They were probably pretty shortsighted in that, at least in hindsight. Now I'm not going to fool myself that the majority will change their plans or act because of anything I have to say. But no extension options should be on the table at all.
And that alone, among all these other reasons, is a reason to vote no on the present form. Bring it back for other considerations or just kill the deal, whatever you think best. But we're talking decades ahead where there are more options to extend. And you don't know the facts of what's happening ten, twenty, thirty years from now any more than the redevelopment agency did how many decades ago? So absolutely any extensions should extension options should be truly optional and require full renegotiations.
It's that simple. Don't tie the hands of some long ahead city council the way this matter has hands are tied now on ridiculously low rents because of the actions of other people so very long ago. Don't repeat their mistake. It's just it's very plain and simple to see what they got right. Hey. They got a tenant. They got peep they got money to keep the place up, to fix the place up. Substantial funds have been spent over the years on improving the space. All of this is true. But there was much more that could have been done.
There is much more that can be done. And yes, public funds being spent for private reasons. It didn't turn yellow, just straight to red. No. It's not a fair deal for the
next speaker is Yolanda Harrison followed by Maureen.
Oh, yeah. I'm watching that timer like a hawk. I can see it where I'm at. I was talking with Todd earlier today about this because I'm not that versed in real estate, but I am versed in paying rent. The seniors at Rancho La Paz pay about 1,800 to $1,900 just for the land use.
Just for the land use. Not commercial, not for their homes, just for the land. And that's not including the water, the garbage rights, and all that. And our garbage wasn't picked up today either, so that's something else. Dollars $190,000 is going to be in credits for the Bushallah brothers as part of this?
From my math that I was doing, that means essentially Fullerton is going to be paying the Bushallah brothers in order to have that space rented, in order to have that lease enacted. I don't think that's a fair deal for Fullerton. I don't think that's a fair deal for the citizens of Fullerton. I think any legitimate businessman who wants to do right by his city should be more than happy to pay a fair market rate.
Maureen is our last registered speaker and anybody else who'd like to speak now your time to line up and we'll get you to the microphone.
Good evening again, council staff. My question is, how many other businesses in this city have that kind of lease and rental agreements? I mean, this is ridiculous. That that amount I almost choked when I heard that that amount. I could not believe it. And do do other businesses comparable have the same types of leases and the same cause? That's what I'd like to know. And if not, why is one singled out? Thank you.
Yeah. Next speaker.
Are the folks who are lined up?
Mr. Mayor, council members, I have to write everything down or I'll get to ADHD brain. But my name is Steven Sherry, and I live in District 2. I also serve in the Transportation Circulation Commission, but tonight, I'm speaking as a resident. Councilmember Dunlap, you, since you are my representative, I want to direct most of my comments to you tonight. Recently, I wrote an opinion piece in the Fullerton Observer about the city's lease at the Santa Fe Depot and why I oppose extending it for the current tenant, the Bouchala Brothers Inc. In that piece, I stuck to the facts. There were no personal attacks. In fact, I went to middle school with mister Tony Bouchala's children. And as a kid, I would sometimes play at his house.
He was nothing but kind to me then. I have no ill will towards you. This is not about personal feelings towards mister Buscallo or his brother. It's about my deep care for the city and making sure any decision, especially one that could lock us in until the twenty sixties, is made carefully and thoughtfully. My concerns fall into two main areas, fiscal responsibility and community benefit.
First, the lease doesn't meet the standard of fiscal responsibility. Unlike other city owned properties, it doesn't include a percentage of gross receipts. The Summit House lease does, DRIP does, even Wings Cafe at the Fullerton Airport does, which was, that lease is newer. This arrangement allows tenants to sometimes, depending on the property, pay below market rent while still sharing in the success of their business and giving back to the community. It's not only fiscally prudent to include this mechanism here, it's also fair to other tenants across the city who already do.
Second, I believe the Santa Fe Depot is underutilized. The cafe feels bare bones and it isn't much of a destination. I've noticed the Bouchala Brothers Inc. Plans to outsource the construction and operation of a restaurant in the loading dock to a subtenant under the proposed lease. Why couldn't the city pursue that option directly? And how can we trust the current tenant to follow through when past promises have fallen short? I would encourage folks to go down to San Juan Capistrano and have a drink or a meal or a date night at Trevor's at The Tracks. It's a beautiful and functional space that attracts locals and folks from across Orange County. It's an asset to the community and showcases their station. I urge you to take a closer look at this lease and to direct staff to renegotiate with the Bouchala brothers.
The current lease doesn't expire for two years, so you have time. There's plenty of time to gather public input on the future of the depot and to negotiate a deal that benefits the city, not just the tenant. And as the city attorney mentioned, Mr. Dunlap, you are an expert in these types of transactions. And so I hope that you take a look at this one with extra scrutiny. Thank you.
Oh, I just noticed I could do that. Oh, nice. Good evening, mayor Jung and members of the council. I'm here to speak in support of the proposed lease agreement tonight. I think that the the tenants are interested in adding an an amenity to a city property that doesn't exist.
Right now, it's an empty loading dock that collects dust and god knows what else, and they're proposing spending their own money to build a restaurant there. If you're comparing it to, something like the Old Spaghetti Factory, which does pay a certain percentage, I would point out that the building already existed. They're they're talking about building an entire building there. And so I I would ask, I I didn't hear this come up, maybe I missed it, but when their lease expires, presumably, the building reverts to the city, I would assume. So we're getting a free building.
It looks like an exciting use for it. They they're known for their sensitivity to historical restoration. And so, I, you know, I I think they're an ideal party to be in there, putting something in next to an historic resource for the city. It's right now, it's totally underutilized in the sense that, nobody else has shown up trying to build a restaurant there. I think that, it's something that would, you know, would become a popular destination, for people in the city and and outside of it and, you know, probably travelers, I suppose.
With reference to the the last speaker, would point out that, the Fullerton Station is a different, station than San Juan Capistrano. It's much busier. I'd I'd think that, I don't think it's well served with, you know, with, like, a a large sit down restaurant. I think something like what they're proposing is a much better fit for, the particular property that we're talking about here. And, you know, as was pointed out earlier, they've they've been good tenants.
They originally restored it with their own money. And I think that in proposing something that becomes an amenity for the city, I think it's a net positive, you know, in terms of why you would renegotiate it now instead of two years from now. Two years from now, they might not be willing to do it. And then you have, you know, you have an opportunity now to, to take advantage of somebody who's willing to put money into a city owned facility, in order to provide this amenity, and I I think that you should take it. Thank you.
Hello, city council. My name is Faith Fricucci Morris. I implore you to be consistent in your stated priority of fiscal responsibility today. In their current lease, the Bouchala Brothers Inc. Company, owners of which have contributed to the campaigns of council members John Valentia and Dunlap, are currently only paying 29¢ per square foot per month for more than 6,000 square foot of retail space near the Fullerton Train Station.
That's $1,811 a month. What a steal. I wish my rent was that cheap. Maybe if everyone's rent was that cheap, we would have a smaller unhoused population in the city. This lease amendment would extend those outrageously low rates, last updated in 1992 for another twenty years, and also grant the Bouchalos company another about 1,900 square feet at only $2 per square foot per month.
Instead of waiting until 2047 to update this lease to fair market value, this should be done immediately. For those of you who may not be familiar, fair market value in Downtown Fullerton for commercial retail space is typically between $4 to $5 per square foot per month. I'm sure the Bouchalos are aware of that because they rent out many of their 150 plus properties in Fullerton that they own, probably at similar rates. If we raise the current $0.29 rate to fair market value, that would be an annual revenue increase to the city of $278,000 adding on the additional 1,900 square foot and bringing that to fair market value would add an additional $91,000 Another troublesome financial issue in this lease is rent credits for up to 75% of costs associated with building improvements. There needs to be a provision in the lease agreement that if the Bouchala Brothers Inc.
Company performs these building improvements that the city does not then pay that same company to do so. This would be an obvious conflict of interest an unfair advantage to a political donor. I would hope the city council members who have benefited financially from the Bushala donations would not be that obvious in giving kickbacks to the Bushalas, but that remains to be seen. City council members, if you're going to claim fiscal responsibility as your reason for berating city staff about the budget of the UP Trail a few weeks ago, meanwhile, not all of you, I'm directing this to John Valentia in Dunlap, That was outrageous and rude, I think city staff deserves an apology from all of you. A public trail project that would improve the lives of hundreds of residents, that overwhelming community support.
You also need to be equally as critical about a lease agreement that is unfairly benefiting one family in Fullerton. Thank you.
Very good. Okay. So Jose Trinidad Castaneda, I just came tonight to, repeat what I saw. And I wanna encourage, council member Zara to recuse himself from this vote because I saw a performance that it so I saw a performance that was explicit of his communication and demonstration of malicious intent to the vendor, to the lessee. And I wanna, just remind everyone that council members are supposed to exhibit fair and impartial judgment, same as a judge of the court.
That is a very clear mandate that all council members must abide by. Doesn't matter what your personal grievances are, but over the past several years, I've I've often seen the impacts of council member Zara's malicious intent towards, Tony Bouchala. And so I really encourage, council member Zara to recuse himself from tonight's vote because it's very clear that from tonight's performance, it is impossible for him to remain fair or impartial with regards to anything we have seen. In fact, council members are supposed to work with city staff prior to the council meeting to make sure that their questions are clearly understood and clarified so that staff do not have to, you know, scramble looking for answers while the council members are up on the dais. And so I really think that it's much respectful when council members work with staff prior to meetings, especially when it comes to consent calendar items like this.
It should not have gone this way, and I really hope we can move forward from this and move on because there are other items that are pressing to our community as well. Thank you.
Jose?
There are a few people who usually wait until after I speak to talk, so I'll just get out of the way. Quite Quite a few things that we need to discuss that are really, really pertinent. First of all, you cannot renegotiate to fair market value during the middle of a lease. This lease is going to expire in two years. It expires in 2047. So you wouldn't be able to use fair market value against it until 2047. The idea that we they're paying under a certain amount. Yeah. That's how leases work. Like, that's literally why you don't go month to month when you rent an apartment or a house and why you have a year long lease.
That's why landlords have fifteen year, appraisals and thirty year, mortgages and whatnot because you wanna lock in a lower rate. You don't wanna have to deal with a situation where every month, you know, the rent is just too damn high. You know, you have long term agreements for that reason. It's pretty simple. So when they negotiated this lease back in the nineties, people are right. You won't you didn't know what it's gonna look like now. We also don't know what it's gonna look like in 2047. Right? This idea that we can just go to fair market value right now is ridiculous. Comparing the loading dock to the spaghetti factory is ludicrous on its face.
It is a piece of property that has no plumbing, no water, no electricity, no nothing that is tied to a different person's lease. Like, who else is going to rent that? First of all, they have right of first refusal, if I'm not mistaken on this. So who else would rent that concrete slab to do what exactly? Now the idea that people are gonna be fiscally responsible, the performative art that council member Zara has been doing tonight is hilarious because I have been here for years since before he was on council watching as he asks none of these questions of other leases when he doesn't care.
Oh, let's let's worry about how much did how much does DRIP pay per month? How much did DRIP get in lease credit or in rental credits for the construction that was done on that property? Weird how that question didn't come up. If we really care about comparing apples to apples, let's do it across the board instead of picking and choosing. I came to a council meeting and said, hey, how come the Fox Block doesn't have to underground their utilities? That seems like a several $100,000 gift to them. Crickets, nobody cared. Everyone just let it go, and they were given what they want. Really, if we if we had consistency across leases, they would have had to do the same thing that other people who had leases did, but you didn't. You asked, no. I came up here when you did the giveaway to the fire department with the ambulance. I said, hey. Did we have an actuary look at this? Did we have a lawyer look at this? No.
There were no details. Well, I'm proud to stand with the union. Let it go. No fiscal responsibility and care at all. It's performative.
I have never seen you I I look at your social media from time to time when people send it to I have never seen you post an item on your social media pointing out who donated to a campaign or how they were tied to people politically on any other lease. It is absolutely performative what you're doing right now because there is pushback between you and another faction in the in your own party, and it is ludicrous. If you look at the history of this of this building, the options in the nineties were sell it or let somebody lease it, and Boussalla Brothers was the only company that wanted to lease it, which would keep it in the hands of the city. They're talking about building a building that would become property of the city when the lease expires. People scoffed when somebody said that they cared about local preservation.
They did. Everybody else wanted to just repaint the building. They they they talked to people. I talked to people at Fortin history and whatnot. They talked to people and asked them, hey. What did it look like? And they made sure it matched the color. Nobody else cared. So miss me with the idea that they're bad about it and stop with the performance. You don't do this to anybody else. So be honest. Thank you.
Good evening. My name is Matt Trucksaw, longtime Fullerton resident. Honestly, I think there's a lot of good things in this plan to put the restaurant things in place. And if we were getting fair market rates today, then some of these extensions and things would make sense. But right now, the Buchal brothers are paying less than 10% of market rate.
And this four year step up, I know we can't do much for the ninth till 2047 because that's in place. You got a great deal. But we don't have to continue to make those mistakes. So just that that twenty forty seven and then 10% per year to step up at that at 10% of rate, and we're he's paying less than that, four years, that gets you up to 15% of market rate. So at least that clause should be completely stricken.
You should move to full market rate as soon as this current travesty of a a lease is up. I know you it wasn't you guys who put it in place. I know you we can't change that one, but we don't have to make the same mistakes. And then because again, if he was paying regular near full market rates, it would make sense to say, let's give rent breaks for some of the new improvements that are coming up. That would make sense. But when you're paying 10% of market rate, maybe you can absorb some of those construction costs yourself and then you're going to be able to make that property you're going to be able to rent it at even higher rates
in the
future. Thank you.
I also me. I also want to voice my opposition to the terms of this lease extension. I find it strange that the city council has purported, specifically the council majority has purported to be adherent to principles of fiscal responsibility, a sort of nickel and dime the Union Pacific Trail. Mister Chung said that he didn't wanna spend 60 to $250,000 extending the walk on Wilshire. And yet, we wanna basically give a handout to a local business.
As I've said before, businesses are not charities. They're businesses. And businesses should be held to the same standards as each other. In the, any legislative agenda that this city council adopted this year, there is a line item that says that the city council would want to support economic development initiatives that preserve and enhance a positive business climate and maintain the, maintain and grow the business tax base. Unfortunately, I don't see that this, the terms of this particular lease agreement uphold the ideals of the legislative platform that this very council voted for.
So I would like to see that updated in order to maintain consistency with the way that the city council has acted in the past and to uphold the ideals that they voted for in the legislative platform. Thank you.
Hello. My name is Kurt Johnston. Thinking about some of the other properties in Fullerton, I would like to think of this project as something that's not money driven because a lot of these projects, there's a lot of talk about the money in the lease agreement and all that but when it comes down to it, let's take the hunt for instance. A long time ago we had an art collection and we needed someone to take care of it but we didn't want to pay the money. So we ended up losing the whole heritage of the Norton Simon Art Museum.
You take the parcel down there at the train station, which is going to be the Fullerton Hotel. The man who dreamed this up, his family dreamed this up a boutique hotel was supposed to be there and Hoster is not around or his family anymore. The property is owned by some guy in Irvine who is having financial troubles. So when you're speaking about how is this going to help the city, projects aren't necessarily in the best interest of the city. You got to put the personable element in.
I feel like the Boucholas have done a great job with train station. It's one of my favorite buildings in all of Fullerton and it didn't used to be that way because the way it's been renovated is so nice and if you haven't had a chance to go down to the express cafe it's definitely a first class restaurant and that's my opinion. Thank you.
I'm here to urge you to reject this lease amendment. Let's start with the basics. This lease does not expire until 2027. There is no urgent reason to extend it now, especially not under these terms and not with this tenant. The tenant, Bouchala Brothers Inc, is currently involved in a $400,000,000 lawsuit, a serious legal matter alleging the looting of family assets and elder financial abuse.
While those allegations have not yet been adjudicated, this is not the moment to lock up public land until the year 2060 with no legal or financial benefit to the city. And even putting that aside, the tenant is in default of their current lease. The agreement clearly states that maintenance is the tenant's responsibility. Whether this came from a grant or not, whether it's for ADA compliance or not, it's still a direct violation of the lease's terms. Another default occurred in 2022 when the annual rent adjustment wasn't applied until October, nine months late.
According to the lease, a tenant in default is not eligible for an extension. So why are we here? This lease allows automatic subleasing, removes fair market rent resets, and offers generous rent credits, all while charging just $18.84 a month for 6,000 square feet of prime transit adjacent land. Amtrak right next door pays nearly the same for one third the space. Location, location, location.
Why all the benefits when they're paying so little in rent? And even worse, the terms of this lease were changed after the last meeting without any formal council approval. These changes weaken construction enforcement, removed rent reset clauses, and extended the lease term, all without public discussion or closed session authorization. That's a Brown Act violation. City staff need to explain who instructed them to make those changes. This is not how a city should do business. This is not transparent. This is not ethical, and it's certainly not in the best interest of Fullerton residents. Councilmember Dunlap, this is a test of the fiscal discipline you claim to stand for. No audit, a tenant in default, rent far below market.
You don't owe B'Shalla a thing, but you do owe this city a transparent process where Fullerton's needs are put first. Don't let your record be defined by a donor handout. You have a duty to act in the public interest, not in the interest of donors. Reject this lease, audit the current agreement, and protect our public land. Thank you.
I've started my timer. Three minutes. Good evening. My name is Z. I relocated to Fullerton in 1978. About three and a half years ago, I signed my own, I guess you could call it a lease agreement because I won't own the thing for thirty years. So I don't have a dog in the fight tonight. I have nothing against the Bissello brothers. I have nothing to get and the only thing I've got in the fight is that we live in a city that doesn't have any paved roads. For the last three years, I've heard people report about their street lights being out.
Trash has not been picked up from time to time, and there's no sidewalks for students to walk to school. So that's a financial issue. So I am leaning towards fiscal responsibility for the city. Be able extent And going be that. I pay $93.9 a square foot.
That's annually. If you break it into monthly, I pay $7.83 per square foot. That's what I pay. And I'm not next to a train station. And I don't think the city would allow me to open up a restaurant where I could make a profit on what I do.
And a lot of my land can be considered a loading dock because I load fruit from my fruit trees into bus baskets. So I basically have a loading dock on my property as well that is undeveloped. That's the price I paid three point five years ago. At today's market value, my square footage is $125.3 a square foot, which per month would be $16.91 a square foot. In ten years from now, that would be $2.00 $3 per square foot or divided up monthly, 16.91 a square I'm sorry, I already did that.
That would be $33.13 a square foot. In thirty years, my land would be leased at $755.4 a square foot, which is $62.95 a square foot. I think if you do the math from 2025 to 2057, it's thirty years out. You're going to sign a contract today at $2 a square foot that can't be increased until $48.49 dollars I'm sorry, 57, dollars $58.59, dollars 60 by 10% at $2 a square foot when the growing rate could be somewhere around $63 a square foot. So, again, I just want the public to know what I'm paying in the same city of Fullerton per square foot for land that's available to me for my use, what's fair market value?
I ask you and the citizens. Other than that, go titans, go hornets.
Good evening, mister mayor, city council members. My name is Curtis Campbell, activist for the homeless, the veterans, the OCT bus drivers, the Cal State Fullerton students, the seniors, and the low income community. On this item, I recommend, that, that we do not support this item. I'll just read what I wrote down. Like, I just scratched it out.
I support oh, I support council member Amar Zara statements. I I know where he was going with that. I don't think that he was, bringing out issues that wasn't true or or needed to be said or or I mean, that's what business is all about. It's putting it out there, and it doesn't look good for a renewal of a lease. Let me see.
About let me see. Around 1990, I became a real estate broker. About that time, I read an article on the city on the city of Fullerton, and it was stating that the that the train station needed repairs real bad, and they couldn't afford it, and it was gonna demolish it. Tony Bushala and family came along and say, hey. We'll fix it up, and I think they gave them they gave the city $400,000 or something like that, and they agreed to do all the repairs and stuff like that.
But the city was in a pretty tough position, And so they really helped out on that. And, also, I wrote down Kelly Thomas. That was a time when Tony Bushalan stepped up again and put up 200,000 to get rid of the city council members who were doing exactly what you guys are doing now. And, so I'm pretty impressed with him because I know he's done a lot of things for the city. And I'm using the Kelly Thomas as one.
I don't know what they all are, but he he's done a a bunch of things. But, anyway, he was rewarded for what he did for the Amtrak station back in the day. That lease is over. It's a new day to start out now. It was a sweetheart deal, and it should have been. He deserved it. He worked for it, but not this one. He's not putting up 400 he's not putting up 400,000. But I just want to share that with you. That's those are my feelings.
I'm not trying to be on anybody's side. I just wanna put it out there and and and so that you can make the right decisions, tonight. If I was in your shoes, of course, I'm with the city of Fullerton. I mean, that's you know, I'm committed to our budget, not Tony's, especially when he has $400,000,000 or something like that. So
I just want to thank staff for the long haul. We started negotiating with the city in 2016. I've been through several city managers and Eric and his team pulled it through. I know the pictures that you saw earlier, maybe some people remember that we're going to build a really fantastic looking building on the east end of the loading dock, something that's pretty well blighted right now. And we're going to spend our own money upwards of $1,000,000,000 to do that.
And we're looking forward to seeing some of you folks and some of the people in the audience. When it gets all when it's all done, they'll come down and everybody will be happy and be thanking for thanking everybody for it. And I want to thank again staff and thank you counsel for being here tonight and listening to everybody's concerns.
Looks like we have five hands raised in Zoom. If my mouse will cooperate. Caller, you should be able to unmute.
Can you hear me okay?
We can hear you.
Great. Good evening. During the June 9 council meeting and again repeatedly tonight, the Bouchala family name was referenced in a broad manner. But it's important to make distinctions even among the three Bouchala brothers. Not all Boushallas should be placed in the same bucket.
I have worked closely with Albert and Niad Boushalla and their two adult children for several years. As a business adviser and a general manager of their Fullerton businesses and properties, I have experienced firsthand how they care about people and communities. They make meaningful contributions to support education and the performing arts year after year through both their philanthropic gifts and their volunteer leadership. Albert and Miyadh Boushala are not the type of people who pay to strategically place people in positions of power to get their own way. They don't dismiss you when you refuse to comply with their demands.
Albert and Miad have not campaigned to get council members elected to vote in their best interests. They are not the Bouchalas referenced on Bouchala puppet yard signs. They are not the Boushallas connected to various controversies in Fullerton regarding Walk On Wilshire, the Union Park Trail, business tax reform, the death of Kelly Thomas, and the subsequent recall campaign of city council members, nor are Albert and Miad part of Boushala Brothers Inc. I make this distinction as I address my deeper concern about Tony and George Junior's pattern of behavior, especially in light of the recent $400,000,000 family lawsuit filed by brother Albert against his siblings, Tony, George Junior, and Selma. If you haven't read the Fullerton Observer articles regarding this from last week written by journalist Elijah Manicero, I highly encourage you to do so.
As this case gains more publicity, it will put Fullerton City Council in the spotlight and how some of you have provided unprecedented access, influence, and benefits to Tony George and Salma Boushala. In the lawsuit, Albert describes deception, coercion, and the consolidation of power at his expense despite years of shared family work. These same tactics, hoarding control, making backroom deals, and refusing to pay their fair share are what many in this city are seeing Tony George Junior and Salma do in real time. Extending the lease of the Fullerton Train Station to Tony George Junior and Salma Bouchala that provides unprecedented benefits to them, while this property is under litigation is reckless and makes each of you complicit and culpable for whatever further unlawful acts are uncovered during the inevitable trial. I urge you to prioritize public trust, fairness and accountability.
Awarding contracts or leases to any party involved in ongoing litigation or with a history of controversy must be approached with the utmost diligence and scrutiny. The people of Fullerton deserve a process that is open, competitive, and focused on what's truly best for our city's future.
Next caller should be able to unmute.
Good evening, mayor and city council members. Thank you for giving me the opportunity to speak tonight. My name is George Bushala, son of Tony Bushala, and I intend to discuss a project that
is very
close to my heart and my family's legacy. I should begin by saying the previous speaker to me actually said a lot of stuff that sounds like someone who is perhaps coerced by the people mentioned in the lawsuit who are trying to manipulate a family into giving them what they want, but I digress. And my father is not only deeply involved in local politics, but also has a vision for Downtown Fullerton. And most importantly, the train station, and I am proud to stand beside him in this in supporting this endeavor. For years, the extended portion of the loading dock at our train station has remained vacant.
This historic this historic part of the station has been neglected, and it pained me to see it fall into disrepair. In 2015, my father, along with Fullerton Heritage, saw the potential and the historical value of the loading dock. And despite the the challenges, we worked tires tirelessly to restore it. My father invested not only his money, but also his time and effort to ensure that this piece of history was preserved. Now it is time to put the this restored loading dock to use.
Our project aims to revitalize this area, bringing new life and purpose to a part of our station that has been dormant for too long. We believe that this project not only will honor our history, but also pave the way for future growth and development. However, I've heard many voices of opposition tonight. While I respect the right of everyone to express their views, I cannot help but feel that some of these criticisms stem from envy or personal agendas. And it it is unfortunate that some individuals are using this platform to spread negativity rather than engaging in constructive dialogue.
I urge you all to look beyond the surface and see the true potential of this project. Let us move forward with a vision that honors our past while building a brighter future. Together, we can transform this historic site into a beacon of progress and community spirit. Thank you for your time and consideration. Let us come together and support this project for the sake of our community and our shared history. Thank you.
Caller, Holly, you should be able to unmute.
Okay. Here we go. I would like to speak in appreciation briefly of council member Zara. I really appreciate the questions that he asked. They were questions that were important to me, to things that I wanted to know about.
Excuse me. I don't think calling it a performance is fair at all. I think what he is doing is advocating for the best interests of our city. And, you know, mister Castaneda, you really came out firing. I'm just wondering if mister Bashalla is financing your next run for office, if you're gonna try to rejoin the Buena Park City Council, or are you hoping to replace SARA in the future?
But the bottom line of this is that if we're really trying to be fiscally responsible with this lease, the math is not mathing. I would like to urge the city council to table this item for now because there is two more years on this lease and to do more research about market value rates and the percentage of gross receipts that this restaurant that's been promised for decades now, could give to our city. And I think that if the Bouchala family was really interested in helping Fullerton grow and benefit, that they would be willing to add a provision in the lease agreement that accounts for future revenue and these gross receipts that, a percentage of could be going back to the city. Thank you very much for your time.
Next caller, you should be able to unmute. MB.
Good evening. This is Manish. I am out of the country, so I'm hoping technology cooperates tonight. There's been a lot of discussion in local medium forums about this item. My hope is that we focus on objectively re likely outcomes rather than getting lost in nuanced opinion. In the nineteen eighties, the train station was an eyesore with crumbling infrastructure. After the city bought the building, there were no hordes of developers trying to lease and restore the space. In 1990, the then city council unanimously approved a proposal by the Bashalla brothers to lease and invest approximately 400,000 of their money, their own money, which is equivalent to about a million dollars today. Some are upset about the lease agreement signed back then. However, that is irrelevant to today's agenda item.
It was unanimously approved by a city council that is long gone and can be extended through 2047. There's no use in arguing about that at this point. Today, the train station is a great facility and an asset to the city due to the long term efforts of the developer in conjunction with the city. The cafe is fairly busy and the food is better than expected. The area is safe enough that I would feel comfortable taking my favorite little dude there for lunch to see the trains and to enjoy a meal.
Proposal today is to lease approximately a thousand square feet of unused space that has been fenced off for thirty seven years. I am not an employee of the Bashallah brothers or paid by them by any means. In fact, I have vehemently disagreed with Tony in the past. In researching the proposal, I went to the train station, met with Cafe employees who knew Tony by name. One of them shared with me that on several occasions, there were homeless people there that didn't have enough money for their meals, and Tony quietly and anonymously paid for them.
While this has nothing to do with the proposed project, it was still a pleasant surprise. The space has been vacant for decades. Countless developers could have approached the city at this point, but none of them have. Now financially during financially turbulent times, someone wants to put between 1 and $2,000,000 into the project and deal with ridiculous, burdensome, and outlandish local and state regulations. A business that'll create jobs and provide sorely needed tax revenue.
Bear in mind, the city also does not go out to RFPs for every project and sometimes we have to trust our employees and elected women and men to make appropriate common sense decisions. For the current project, the lease terms are current market value and will take a lot of time, money, and resources to develop. Coupled with the fact that the company proposing the project already successfully developed many projects in the city and on that site, there is no reason to delay this item any further. Thank you.
And two more callers. Connor, you should be able to unmute.
Good evening, city council. My name is Connor Ferkuchi Morris. I'm a resident of District 2, and I would like to, as such, direct my comment to Nick Dudlamp, our sitting commercial real estate expert. I want to say to the supporters of this lease, thank you for wasting your citizens' time. We are out here paying market rate for our private residences making no profit while you are supporting a lease to give one of our town's wealthiest entities a 90% discount on developing a for profit business.
Very rarely in politics are we presented with black and white common sense situations, situations where the minutiae of legalities and complicated scenarios are nope not present, and it's simple enough for people like, you know, our our Fullerton citizens to really see, oh, this is an example a clear example of of misguided prep preference or words are failing me right now. You have the opportunity to listen to your many constituents and make the obvious and fair choice to remove your support from this lease. But I remind you that this entity is not in need of any special treatment when they're in the midst of a $400,000,000 lawsuit. Nobody connected to that sum of money is deserving of being prioritized over your constituents. You'll see plainly, mister Dunlap, that your decision on this matter will rear its head when your seat is up for reelection should you continue to support this lease.
Thank you. And, yes, I am envious of the people of our neighboring cities who don't have to sit through this type of farce on a biweekly basis. Thank you.
And our last hand raised. David, you should be able to unmute.
Yes. Can you hear me?
We can.
Excellent. So we all know come on, guys. We all know that the opposition to this lease extension has been orchestrated. And I know it's been orchestrated because none of the people opposing it know what they're talking about. And I feel sorry for the city council to have to sit through this. Just utter nonsense. This, train station is a completely unique piece of property. I know it well, and I know Tony well. He's an historic preservationist. In fact, Tony and I started Fullerton Heritage just about the same time he was getting this lease in the first place.
The opponent seemed like the dog in the manger to me. If you remember the fable, the dog would bark and keep the animals away from the straw even though he couldn't eat it. Well, those who don't want this lease deal can look at that empty loading dock for the next twenty years. The receipt percentage on nothing is nothing, folks, and you're getting a great deal. You don't have to put out any money.
All you have to do is collect rent until the building's done and then let revenue come into your city. It's so simple. This is like the the ultimate no brainer. The Bashawas aren't running at charity. They don't have to start giving things back because if you disgruntled people who think they're experts on commercial real estate leases want them to start giving away the farm, that's utter nonsense. They got the deal back in 1992 because nobody else wanted to. People wanted to own the building. They wanted the city to give them money. The didn't. And that, my friends, is why the rent is so low in the first place on the existing lease.
And that, my friends, is another form of a construction rent credit. It's not complicated. It's only being made to look complicated by mister Zarah and the usual gaggle of people who are willing to get up in public and talk about things they don't know anything about. Thank you.
No more speakers.
So alright. Anyone?
I have some questions. Follow-up. All
right. Very good. Go ahead. Thank
you. First of all, I do want to address a couple of things, and I do have some questions and then some one, I know that Mr. Casaneda, I appreciate you bring I'm
just I
appreciate you bringing up, the method of discussion, we're discussing with the council member, with the staff. I do, in fact, just for everybody's knowledge, I do actually ask all these questions to staff, and I've had many conversations with the same issues. But I tell them in advance that these are the things I want to bring up in public because I believe that the public needs to hear my discussions with staff also, because that is called transparency, right? So I like to that's my method. It's always been the case since my election.
But I also give them a heads up so that they're not caught off guard. So I'd like to, you know, give them so I just wanted to clarify my method. This is definitely an agreement that needs to be scrutinized, I think, given the the the the nature of it. Look, I I wanna say, when I first got elected, I I I really appreciated, Tony taking me on a tour and showing me the the train station. I do like the cafe over there that he has existence.
I have nothing against against the family or whatever the feuds they have between them. I do agree that we need to do something. I've always been a big supporter of economic development, but we also need to make sure that we are fair. And I know Mr. Boushala and his brother, they are hard negotiators.
There is no doubt about that. But we also need to put up a hard negotiation too. Reason this has been scrutinized is because there if you look at the comparison leases, there are some missing components in there are some missing components that other businesses have been forced or negotiated into their contracts like the gross receipts percentage, etcetera, whereas here, there haven't been. So I think this needs to go back and be renegotiated and another round of negotiations with a few points that I think would be important. And I think it will be fair for both the community and for the family.
I do agree that with one of the speakers that, yes, this is sort of locked in until 2047. But what we're negotiating today is also the future of that. And I think the fact that this there is going to be plans for a restaurant, I think we do need to make sure that we're also negotiating the best deal possible for our residents. So I think this should this is probably I'd like this to go back to closed session or we can just do it now. But here are my asks for this, is that Area 9, I know it's a joint it's open right now.
There's no fee on it, but that they would be moving forward a fee just so in fairness because that's an that's the patio area for the restaurant. And that because other businesses like we saw just right now, Les Amis, is having to pay for the right to rent right of public way.
But that little area is open to public anyway. No, I understand that.
But the most I've been to it. I've sat there. But most of the time, it is mostly used to enhance the business, and it gives them more of an advantage. So I'd like to negotiate a little fee for that. It doesn't have to be the full fee. And I'm actually in favor of reducing the entire fees for our businesses in leasing public right away. So and I think that's just a fair ask. I'd like to see if there is a restaurant. There's always those in clauses, you can always add conditional clauses, right? So if there a restaurant is built, although I'd like to ask when that could happen because it's been a while.
And if it is built, that we do get gross receipts from that restaurant. I don't think that's an unfair ask. And that there's clear definitions of what soft costs could be. There's a clearer and better record keeping, not just for this particular lease for certainly, but for all our leases. And I think this is very, very important that we keep start keeping creating.
And this is really if you noticed, my questions were mostly for staff. I think we need to start keeping better records, especially for these long term leases. The other thing is, I saw the renditions of these initial sort of restaurants sort of designs. I I love to see this design a little bit more cohesive with the nature of the of the, historic nature of the city, of the the center itself, but that's something for later. And then I think there needs to be harder deadlines.
So I think five years to reach that point is too long, I think, especially that there's the idea of the restaurant has been around since 1992 according to the agreement. And then also subleasing this restaurant is will this be operated by the Bouchala family or sorry, I want to retract this by the Bouchala Inc. Or its subsidiaries or would it be leased out to another business or sublease to another business that operates the restaurant. I think that's an important key point to negotiate as well to make sure that it's approved by the city and then there's no up marketing, what is it called? Upcharging.
Yes. Thank you. Thank you very much on that. And so those are some of the things I've I've been asking for. I I have the I do have a concern, and this is maybe for the attorney. Since there is a lawsuit, I I don't know. And we are it seems like we're named in it. I mean, this was a last minute thing that I that was brought to our attention. I don't know if this property was named in that lawsuit, but I think the the attorneys before we agree on this tonight, I hope that at least we take a look another look at this from a legal standpoint. And, yeah, I'd like to as far as tenant, I just want to give you just a few additional points thing.
I know some people said there was no use. It's been debilitated and no use for it. I also want to mention that they we did have a train museum in that area. And that train museum didn't really have the funding, but also it didn't have the visibility, right, because it was hidden. And I know it will still exist.
Most likely, I don't think they'll this will impede it, but I want to make sure that maybe part of the deal is that there'll be some efforts from Bouchalah Inc. To Bouchal Brothers Inc, I think, is to support an effort like that in that area. That would be a good community benefit as well to be added to it. I just want to say, I know somebody commented about the investments amount. I think DRIP put in $1,000,000 into improving that area and he still pays $8,000 a month plus of, was it 4% gross receipts. The Boys and Girls Club paid no? What was the how much did they invest in that area?
DRIP did invest $1,000,000 into the improvements. They do not have a gross receipts clause in their agreements.
Oh, I thought they did.
They started at fair market value. They got $1,000,000 worth of credit for the improvements that they made and then we went to fair market value. They're at about $22 a square foot.
Oh, but they do pay about $8,000 a month in the and they've invested a month, right?
Correct. They were also that 1,000,000 was a credit that was provided to them for their improvements.
Got it.
And their square footage was about 4,000 square feet, if not six.
Okay. And the Boys and Girls Club, they also invested about $700,000 of which they're paying still over time. So these things do happen. These are my asks on this. In this forum, I cannot support it, but maybe another round of negotiations could make this a little bit more fairer, and it'll be end up being a win win.
Right. Thank you for that. The Director Thomas, on a having some experience in community development, economic development that you have, give me a ballpark figure for what a building like that, the restaurant that's being proposed, what would that cost to build from scratch in the area that it's in? No plumbing, no electrical, what would that cost?
That's a great question. It's based on the valuation of the property. So I don't have that number, but you're looking in the millions. Millions, Absolutely. All
right. Drip coffee, the example that Councilman Gazzar gave was great, dollars 1,000,000 and we gave them all that credit. It wasn't as if they did it out of their kindness or their heart or for the benefit of the city, right?
No, correct.
For other cities that have done similar, I suppose, redevelopment or economic development projects, this is not foreign to we're not doing anything we're not an outlier, are we?
No. No. The fair market value is based off of property characteristics, the location, the condition, the age, you know, do they have utilities, do they not, what are the zoning parameters, how much are they going to have to invest in. We do not have an asset portfolio where we generate so much revenue that we can pour back into that site for the maintenance that we have to cover and then some. So the transit train depot is a perfect example.
It's a very it's an important asset for us but a very costly asset to maintain, to improve because of the historic nature plus all of the other spaces that they have. So having those considerations in place is really important to establish that fair market value. Here in the city, we're anywhere from $24 a square foot all the way up to $34 And the $34 are your Class A space, you know, they're your chain restaurants, you know, so on and so forth with a lot of the amenities that they're looking for in tenant improvement allowances and so on. When we don't have that portfolio in place, we use tools like the rent credits to be able to attract investment into those spaces that we have. And this is an example of it similar to all of our other spaces.
Most of our all of our agreements had some sort of tenant improvement credits that we had provided. You know, I wish we had a comparison that we can say this is exacted and you know what, I'm going to use this comp because they're all they all vary, right? Old Spaghetti Factory that was asked, they're at about $15 a square foot. That includes their base rent plus their gross receipts. Summit House is at 29 because they have 21,000 square feet.
So those are all of the considerations we took when we established this fair market value for this space in addition to you, you know, having someone else come in just for these two areas, not only are you having utility challenges and any of the others, but with a proposed project next door, there are also fire requirements that are really make it impossible to do it just within eight and I think it's eight and seven because they already retain five under their existing agreement. So if you had another business there, you'd have to create a wall Sure. To separate the two and you'd have additional building requirements versus what they would be proposing. They wouldn't have to do they would have to do the fire curtains. So that's where the hard and soft costs come in, which explicitly say what can be included for that hard and soft cost.
So,
yeah. Indeed. Mister City Attorney, and I I appreciate, again, Councilman Zorro, you're on fire tonight, bringing up the fact that they are the family, the tenant is enrolled in a lawsuit. What's our liability for that? Because quite frankly, I recall him supporting without question a hotel that was under the operators there were under legal jeopardy as well. What's our At the time. At the time. Do your research. At the time. So what do you think?
Well, we have no direct information regarding the nature of that lawsuit. Arm's length, we have no liability. We did research the status of the Bushala, our tenant, the tenant. They're an LLC in good standing. It reflects the two partner two partners, two brothers as the owners. And that's our direct relationship.
Indeed. All right. With that, I am happy to support this item. And I will move staff recommendations. I'd like to ask the And seek question a second accordingly. The You can wait until the motion No.
Because you brought up something and I believe You that you might
can wait until the is set. Can wait until the You might have brought up
a closed session Privet conversation. What what is that? I don't know what you're referencing as far as the hotel The
the hotel is under not the hotel itself. The folks that are operating have been in legal jeopardy. It's well known. Use Google.
The the the votes on that the the the votes outside here was was in December 22
Again.
Way before that.
So you're you're missing I'm missing again.
Are you referencing
Once again, why don't you
let me
answer rather than just talk over me like you are? Why don't you let me answer? Johnny Liu has been under financial lawsuits one after another for quite some time, long before our December vote. So No no lawsuits were discussed
in the public hearing to my knowledge as I recall. I don't remember having that information when I voted on that in December 22.
Thank you.
We can go back and look
through Alright. It, Anyhow. I'll seek a second on the, to move, staff recommendations forward.
I would just like to say a couple comments before I second the motion. I would just like to point out that I do feel that council member Zara is rallying up unnecessary banter. He did do a post today on social media, and in it, it says, it's worth noting that the owners of the company are major campaign contributors and manage a local PAC. I just feel that there's also this underlining animosity he has against the Bouchala brothers, Inc. Or however many times that he said it the wrong way.
I just feel that this is a great opportunity for our city to get a business going because we have so many vacancies in our city. We don't have any businesses coming in. It is very difficult right now in this economy to get people to come and start a brand new business. This is great. We have somebody. Put all names aside. Pretend you don't even know who this person is. There's plenty of lease agreements that have been consented just passed through that we never even discussed. But because this is a name that you guys have emotional ties to, it's not having the same care and love that our city needs. Would you guys like a business to promote our city at the train station?
Yes. I go to the train station frequently and I ride the train. I sit in the cafe. I eat the food. I ride the train. It would be great to have another business to promote our city in Fullerton. We have the Olympics coming. We have FIFA coming. People talk about it all the time. They can come in our train station, have a beer, go on to OC Vibe, come back, have a beer, go to LA. It is a great thing for our city that we need to start promoting. Look at the positiveness of this. Stop being negative towards people that want to help the city. Tony was a founder of The Heritage, and he started helping the city restore itself in preservations. Do your history.
Understand. Take these, like, emotional punching gloves off, and let's grow the city. I put a second motion in for this to pass.
You know, no real questions. I will say, I think staff, I mean, first of all, we got, like, an extensive presentation. We got a lot of questions from counsel. We got some good comments from the public and I also think that staff did a good job answering the questions. I know there was kind of a patronizing reference to kind of commercial real estate expertise and such, but there's not really a whole lot for me to add considering I think a lot of these questions were explained in great detail.
But I think the important thing to note here is that the reality is we're talking about an existing lease really in the important justification is that people keep referencing that it somehow expires in 2027. The reality is this lease with the extension options that the city really has no grounds to terminate or or any other option there. This lease essentially runs through 2047 and the existing tenant has a right of first refusal on the space that they've actually come to us with tonight to discuss extending and then proposing, you know, some additional new terms there and proposed new use for that, you know, for that portion of the site. So I think realistically speaking, you know, everything that I've seen here, you know, it's unfortunate to get, you know, obviously, the political attacks and the bias and and the sort of thing that we've seen. And, of course, you add in a few nasty civil lawsuits as well.
That's all unfortunate, but we have to really look at this transaction and the specifics of this particular deal for the city. And so I think that for me is why I'm prepared to support it tonight because I think everything that we've seen the one thing I would like to see added, typically in a lease, I mean, obviously, it looks like we've got the site plan here. If we could see attached to these exhibits, the renderings and site plan, perhaps a construction budget as to what they'd expect to spend in building the site, I think that would be helpful as well. But that's really all I'd like to see added and I'm prepared to support it.
I do. Thank you. And I'm not sure whether Mr. Buscalo would be willing to answer some questions. You spoke in public comment, but honestly, thought you'd make a more of a presentation. So if you're are you willing to answer oh, so if you could please come to the podium so it could be you can't answer from the seat, sir, if you're gonna answer or the lawyer can answer if if he's the lawyer.
Questions. I can answer those for you.
Okay. Great. So obviously, I'm not familiar as as some with the Boushala Inc. I would like to point out that in the time that I've been on council, I pretty much have been ignored by Bouchala Inc, with very few exceptions. And I have extended a question about meeting, never responded.
So we have not ever met except for one conversation about community gardens and parking, I believe, and things in the lobby of City Hall here. So that's that's where I'm from. I'm I probably have the least amount of connections of anyone in this city. So the way I'm seeing this is a little confusing to me because I'm seeing a lot of conversation about Area 6, which as council member Dunlap, that's the uncovered dock. Area council member Dunlap just pointed out correctly that that is already included in the area of right of first refusal. And if you could please explain to us what that means and why we haven't already seen some if that's already included in the current lease, why has that already been developed and included? That's my question.
The loading dock was acquired by the city. I don't know what year. Somebody brought it up earlier.
Nineties. Seventies. Fine. No. But currently, it's in the right of first refusal.
Late 90s, it's maybe the it was of somehow. And when we bought the property or when we leased the property originally, we drew the line down the center. It was the property had the prior owner wanted to demolish the structure. So he can't he went to the city, said, no. We don't want we don't want it we don't want it to be demolished. We're condemn you. So they condemned him. But there were two parcels. There was a the property line went down the middle of Pomona. Okay?
So if you draw it straight down there, it's kinda down the middle of the loading dock. It's basically down the middle. So he there was the building is not at is was on two parcels, okay, which nobody can do that, but government can do it. Right? They could if I wanted to do that, couldn't do it, but they can do that. So when they when the they then he eventually had decided to sell the property, the other parcel, which is where the parking lot is.
Okay.
So and that included the other the extended portion of the loading dock. So when that happened, we said, okay, we would like to we had original idea to develop the freight house.
If I could just pause you for one second, sir. I'm I'm so looking at the map here on the slide presentation. Is there any way we can bring that back up? Because that's the parcel discussion we're talking about here. The one that has 1A, 2, 36, 9, all of that on it. I that would just be helpful for the public because they're kind of understanding. Oh, I'm a visual person. It's helping me to have it in front of me. Thank you. I appreciate that. Okay. So we're talking about number six because that's what
Right.
Folks keep saying. And we heard earlier that number eight is what is actually not included in the lease. But number six has been included with this right of first refusal in the lease for many, many years.
Right.
Why is and and everyone keeps talking about how it's not developed and it nothing's happened there and it's an eyesore. So why has nothing happened in the thirty something years that we've had the lease already?
Because there was never a demand for it primarily.
What's in Sections 3 and Except five right
for actual building space. The remainder of the property has didn't have a practical
So number two is where the restaurant currently is. Is that right?
Right.
It says Main Depot.
Right.
And Number 9, as council members are pointed out, is an outdoor patio. If And we want to have fairness there, it's a good idea to make sure that we're also getting lease rental on that. I I would say I'm not clear from the presentation how much lease rental is currently in effect in each of these zones, which I would love to see as clarification. And that's one of the reasons why I'm not willing to support at this point. And I do agree with council members are that more questions need to be answered on this. But, you know, if we don't have that, I'd love to see it later because, obviously, this is a relationship that's gonna continue for some time. So what what's going on right now in number three and five which are yellow zones currently part of the lease? It says freight house covered portion of dock. What's there right now?
You wanna put the Which one? Five? No. Wait.
Three, five, and six are the ones that I'm so concerned about. Although Right. Because it seems to me that in the the time that mister Bischalla or Bischalla Inc. Has had this lease, and thank you so much for investing in the city in the nineteen nineties, the 400,000. Absolutely appreciate that. I've been one of those folks that is willing to talk all day. Someone brought it up in the public comment about how honestly, and I hate to use this word, but stupid a council was to get rid of the Norton Simon collection. And that's kind of thinking is not what we need. So I I appreciate that you saw that a building was about to be destroyed and said, let's take care of it. Thank you for that.
And you were rewarded with a lease. Great. Okay. So we've done something with two and nine. That's a restaurant that somebody said is better than expected, which is an interesting phrase, and has an outdoor seating area, which I'm always in favor of in many different ways, including walk on Wilshire, which I still mourn the loss of. Number three and five, what have we got going on there that is currently part of that lease that you've had for thirty years to do something with?
Three is occupied by an engineering firm
right now. Is that a sublease then?
That's a sublease.
Okay. So we don't according to staff, we don't have any records of subleases.
Well, I don't know about that.
So that's something that needs to be taken care of because that would be a violation of the original agreement if we don't have records of those subleases.
No. They do have records. They have they have business license. They've been granted business license. They're in there. They've been there for a
long time. Okay. So it's an engineering firm. So it's office space, essentially.
It's office space.
Number five is what? What's going
on there? Number five is empty.
It's empty. So why and and number six is something that could easily be included if Bashall Inc. Wanted to do so with right of first refusal. Why has nothing been developed in 35, and 6 since 1992? Because Except for office space. If we really wanted to do a
restaurant Because we've had
Why can't
we do it there?
Okay. We've had adversarial staff members for many years. And just like this audience you hear here.
Well, I'm not
one of This
is they're just following kind of in that order. Finally, we came around and we got people that were treated us fairly, Eric and Sunaya. I hate to say this. We took a negotiation of over how many years now has it been?
Okay. And I appreciate
your answers. Years.
Okay. So can we
And just pause one we've gone second through several other staff people
Sir, can we
who pause one second who who tried to derail us all the time.
Okay.
Just like like mister Zara I get
your frustration.
And these people that don't have a clue about commercial real estate just
wanna insult the public.
That you don't and no one they don't even know including mister Zara
will be
the difference between rent per month and rent per year. So you don't have any kind of an understanding of what you're talking about.
Okay. So thank you so much and please have a seat because that got out of control. Yeah. I'm asking you questions as a presenter and
asking you to stay for second. Some more.
I'll call them. And I I hear your frustration.
Okay.
That it's been difficult to work with the city for a lot of decades. I hear that.
That's
right. Council member Valencia just left and I was about to compliment her. So I'm gonna say it anyway and I hope she's hearing me in the back room because we can hear the it it gets piped into the back room when you're here. So in her statements that she made when she was talking about being in support of this lease, it reminded me a lot of myself in December 2022 when I had only been on this council for a week and had thrown at me that I had to vote on that hotel slash apartment project that was right next to the train station. And and even then, I I only had conversations with folks and and not Bushala Inc, but I I heard through the grapevine what your views were on it.
I didn't I didn't talk to you directly. But she sounded a lot like me saying, this is a a person who really cares about Fullerton. It's a long time Fullerton businessman, which unfortunately What you talking Oh,
he took Craig.
You're talking about Craig.
Yeah. And so and and all of those good things. And and that was why and here's a vision for downtown and and this is why we need it. And and that's what I went with. I went with my heart and I agreed with that. Mhmm. And I hear that mister Bouchala is a longtime businessman, and I heard from another public commenter 150 businesses, which I was wondering if you could confirm if that is the case, how many businesses you have in Fullerton. But I understand if that's not something you feel obligated to disclose. Okay. Properties.
And by the way, Bouchola Brothers Inc, who we're representing here and do your Okay. They're not a plaintiff in the lawsuit that you're talking about.
Oh. So that's
You can put that to rest.
And I don't know more about that except for what
I've I've seen in They're the news as not a defendant.
I'm sorry.
Okay. Well, right. A defendant. Exactly. But it really does concern me. So when I made that vote in December '22, it was because it was a new person coming in who'd never had a chance to work at that property. I've been disappointed about how long it's taking. I would like to take you know, speed that up. I I really do wanna see that project come to fruition. I love to see things come to fruition. I'm sad that on Harbor, we have empty storefronts as the music store moved all the way to another part of town. I'm you know, I'm I don't want our downtown to die on the vine. Absolutely. And I appreciate your commitment to our train depot. It's also the second time in one week I've heard about Travis on the tracks.
The second time was your article and the third time, I guess, was your comment. The first time was from my mother who lives in San Diego. And my brother was in town from Seattle visiting Orange County and she can't drive very far. She thinks Fullerton is too far for her now, sadly. She's having a lot of health problems. And her elderly friend recommended Travis on the tracks as they place where they could meet in the middle as a good place for them to go and have a really nice lunch with her son that she hadn't seen in a in a year or so. That's what I want Fullerton to be. I don't want someone to say go to Travis on the Tracks in San Juan Capistrano. I want them to say stop in Fullerton. I don't believe the cafe is that current destination. It's more for people going in and out and and, you know, transit. But why haven't we done that three, five and
six It in was three required to put to to create a restaurant that served the traveling public. That's what that does there.
That's But if this has been the vision for this long, why is it a new vision The
cafe. Right. Was that was a baggage room prior. Okay.
But I'm just saying was there.
If the vision has been the restaurant for a very long time and council member Zar is telling me about when he was first elected, which is, you know, four years before I was, that at least it's four years longer than 2022. Right? So at least we're talking from 2018. If that's been the vision for this long, why hasn't it happened with the current lease as it is now?
I think he answered that.
It is staff,
madam mayor.
It was Okay.
Basically, it was staff.
So what I'm hearing though is if it's if it was staff's issue and as I'm sad that we're losing city manager Leavitt. This is his last meeting and I forgot to say that in my comments while talking about ICE and I'm glad I have the opportunity to say here, thank you so much for your service to our city and I appreciate that the North Orange County chamber gave you that lovely thing and and you know I'll be here at office hours on Thursday which I forgot also forgot to mention I was so much thinking about But it doesn't make any sense to me why we absolutely need section number eight, why that piece, that little piece is the one thing that is so valuable that it means a restaurant is either there or not there. I don't understand it when we already have these other three sections in existence. And it seems to me that if you really want section 8
It's functionality that's we have the design. It it really wouldn't work without without that space. It's an extra thousand square feet.
I don't know. People have restaurants and food trucks these days, man. I mean, it's it doesn't make any sense to me that you've got an existing structure here and an existing space and you're telling me it doesn't work. I mean, during the pandemic, people turned their kitchens into I mean, it just
Well, yeah. That's why it
doesn't make sense. But You don't do what I do.
Okay. I guess not. But it's it it seems to me lack of of broader thinking if you absolutely need that little spot. But if you absolutely need that little spot, then I think it's reasonable for us to say that if we're gonna give you that little spot for this beyond what we have, then what we need for it is the gross receipt the percent of gross receipts. I mean, it's it's it matches, you know, what other high end restaurants have that are on city property.
That's what
you think.
But I've negotiated hundreds and hundreds of leases in my day. I've never negotiated one and required a tenant to pay a percentage rent,
okay?
Restaurants, retail, every some landlords do and some don't. Typically,
it's more for
a corporate type tenant where you would require that. The independent people, you just don't do it. It's not part of
the industry. It's not a
standard that people go by.
Well, appreciate you answering my questions because it's we already knew where the vote's going to go. People have been very open about where they are. I'm not to where I
could So that's vote also addresses Councilman Dunlap's concern about the I think that was part of your concern was there was no percentage rent in it. But it's not the kind of thing that's typically done for a small mom and pop and that's what this is. It's not
I don't agree that it's a small mom and pop when we're
talking about having 150 properties. Not a corporate
I'm a renter. I have zero properties.
It's not
a corporate
location. We're not going
to get a corporate subtenant, okay? We are going to sub we're not I'm not going to be out there cooking and serving beer, okay?
No, you're the attorney.
We are going to have a subtenant, so you can all just get used to that.
And thank you
for And we do have some people that have There's some good operators already in line.
I'm glad that that's
We'll on the move forward with that.
Okay. And thank you so much for answering my questions, and I appreciate your openness and transparency. Okay. You're welcome. I look forward to getting a better deal if we possibly can, but it doesn't look like we're going to because it looks like my colleagues are willing to accept this current deal as it is for the evidently incredibly valuable piece of number eight that we're just gonna give away. Okay.
Alright. Madam, city clerk, we have a motion and a second. Please call the roll.
Miss mister mayor, may I just say one one one thing very quick?
Like to
ask a question that's very
I'd like the council to vote on the calling of
the vote.
Mister city attorney, I'd like to ask the question in the interest of this, of the public, if I may.
I'm calling for the vote, sir. I'm calling for the vote.
I'd like to
make a motion that we've discussed open. Asked a lot of said questions.
Keep discussion open?
Yes. Is that substitute? And motion to the original motion?
Yeah. It's substitute motion.
Have to make
a motion to keep discussion open and not
That's all
I second.
Let let's vote that. We have Very well. Let's vote that.
We'll vote that.
Sure.
The substitute motion to keep discussion open?
Yes. Because I'd like to ask a question.
Mayor Dunlap?
No. I'm
sorry. I called you mayor. I regress. Councilmember Dunlap? No. Councilmember Valencia? No. Councilmember Zara?
Yes.
Mayor Pro Tem Charles?
Yes.
And Mayor Jung?
No. Like, can we get back to the original motion, please?
Okay. The original motion motion is to pass as recommended. Council Member Dunlap?
Yes.
Council Member Valencia? Yes. Council Member Zara? No. Mayor Pro Tem Charles?
No.
Mayor Jung?
Aye.
Item passes three-two.
All right. Next item is a public hearing item. It is the twenty twenty five-twenty nine five year consolidated plan fiscal year twenty twenty five-twenty twenty six one year strategy action plan. We couldn't have abbreviated this twenty twenty five to 2029 fair housing impediments analysis. So what do we have here? Who's doing the presentation?
Good evening, Honorable Mayor.
Mr. Valdez. Yes,
sir. Good evening.
And members of the City Council. This presentation outlines our strategic goals and funding priorities for the next five years as well as our immediate action plan for the upcoming fiscal year. Next slide, please. The consolidated plan is a requirement for all cities that receive federal housing and community development funds. It serves as a comprehensive planning document and strategic guide.
The plan includes four sections, looks at community concerns, examines housing stock, identifies goals and priorities, and outlines specific projects and funding allocations for the upcoming year. Next slide please. Our planning is guided by HUD's goals, providing decent housing, creating suitable living environment and expanding economic opportunities. Next slide please. Our five year plan focuses on immediate priorities and long term impact.
This budget aims to make every dollar count, tackling homelessness and housing, safety while investing neighborhood revitalization and infrastructure. These goals are shaped by community feedback and local data. Next slide please. For twenty five-twenty six fiscal year, our total CDBG budget is just under 1,550,000 This includes our annual allocation of approximately 1,400,000.0 and an estimated $150,000 from our housing improvement revolving account. After setting aside the revolving account, we have 1,400,000.0 available for new projects.
Next slide please. Community Development Citizens Committee or CDCC played a critical role in shaping this plan. They reviewed the priorities outlined in the five year consolidated plan, evaluated applications from nonprofit and city departments and heard presentation to clarify project scopes. Their recommendations form the basis of the funding allocations we're presenting tonight. Next slide please.
CDCC recommended five, funding nine public service programs totaling nearly $170,000 These programs address a range of needs from youth and senior services to homelessness prevention and outreach. As such, we feel that extending our reach and ensuring these critical services are available to those who need them most. Next slide please. Administrative costs are capped by HUD and we're recommending full funding of $279,000 which includes $20,000 earmarked for fair housing. These funds support administration of our citizen participation process, housing rehab program, compliance monitoring which includes technical assistance with our nonprofits and preparation of all required HUD documents.
Next slide please. Housing rehabilitation remains central to our strategy with $578,000 recommended for rehab loans and grants to help low and moderate income homeowners make essential repairs. We're also leveraging $800,000 in home funds over two years for additional rehab loans. To support renters, we're expanding tenant based rental assistance with two programs. One currently is for our senior residents living in mobile homes and one citywide who meet those income requirements.
This will provide direct rental aid to stabilize housing, prevent homelessness, and maintain affordability. Next slide please. We provide grant and loan programs to support and help low income homeowners with essential repairs, including exterior upgrades, neighborhood improvements, and lead hazard reduction. These programs not only improve individual homes, but they also enhance neighborhood quality. Next slide please.
Beyond housing, we're investing in infrastructure, childcare and neighborhood upkeep. Planned street upgrades in the Pacific Walnut area will enhance safety and accessibility. We're recommending funding for an upwards boost program to expand access to quality affordable childcare. And finally, we propose 130,000 to continue to utilize a dedicated code enforcement officer assigned to address blight and maintain safe livable neighborhoods. Next slide please.
Recommendations in conclusion, we respectfully request that the City Council approve the twenty twenty five-twenty nine, five year consolidated plan, approve the fiscal year twenty twenty five-twenty six CDBG budget as recommended by staff, authorize a city manager designee to make budget recommendations fiscal year twenty five-twenty six and also to adopt the budget to align with CDBG and home allocation determination and authorize community and economic developer director to execute agreements with nonprofit agencies. That concludes my presentation. I'm here for any questions.
Thank you for the presentation. We'll go and open the public hearing and we'll hear from members of the public. Are there any members of the public wishing to make public comment on this matter?
All
right. Seeing none, we'll go online.
Melanie, you should be able to unmute.
Thank you. Good evening, honorable members and community development team.
My name
is Melanie For. I'm the community impact manager at UPWARD. On behalf of the Boost team, we wanna thank CDCC for recommending funding to Boost to support Fullerton's child care providers and families. I respectfully ask counsel to approve this recommendation. Boost provides low to moderate income family child care providers with a year long customized one on one mentorship aimed at increasing their capacity and revenue and improving the quality and inclusivity of care.
With our teaching assistance subsidy, we help providers recruit, vet, and onboard teaching assistants, creating new jobs in the city. We also equip providers with a free child care management software that streamlines all the administrative tasks, including marketing, enrollment, finances, translation, and curriculum planning. They, the providers retain free access to this platform even after the program year ends, allowing them continue building on their success. I don't think I need to tell counsel why this is needed, but in Fullerton, child care providers earn an average of $17.74 an hour, qualifying most as low to moderate income. That makes it extremely difficult for them to sustain, let alone grow their business.
At the same time, Fullerton faces a significant child care gap with over seventy five percent of children under the age of six who can't access licensed care. That leaves thousands of families, especially mothers and single parents struggling to participate in the workforce. Boost benefits Fullerton families as well. With the help of our care specialists, any family in Fullerton can be connected to care that fits their needs, including emergency backup care within twenty four hours. As a working mom with two toddlers, I can say this is a game changer for families and children benefit from more consistent, higher quality care.
I also want to note we're expanding our subsidy program across Orange County, helping more providers accept subsidy while raising their standard of care. We've launched Boost in over 20 counties and cities nationwide. Our largest partner is San Jose. Our longest partner is Start and Grow going on year three, where we've not only met but exceeded all projected outcomes. And we're with your support, we hope to do the same in Fullerton, to really tackle the childcare challenges and help both providers and families not just survive but thrive for years to come. Thank you again to CDCC and staff for all of your amazing support along the way.
Very good. We'll go ahead and close the public hearing, bring us back to counsel for discussion.
If I may, I have a question.
Go ahead.
Yes, thank you. First of all, I do want to thank staff and thank you, Mr. Valdez, for all the work that you do as well. It's very important work. And I want to really thank also our CDCC commissioners for all the work they do.
It's not easy to divvy up, this, small amount of funds among, our community, groups that do amazing work. So, good job on that and I think very well deserving for all the recipients. My question actually is not necessarily related to this work here. I think everything is just exceptional. It's just how do you anticipate with the federal cuts coming in any future problems that we need to maybe start mitigating now and looking at before they come in?
Great question. I think over the last seven months, it's been very precarious as we all know. We've been reaching out to HUD officials in Los Angeles to kind of gauge what that looks like. I think we're our intention is to commit the funds that we do have now and that as you could see in our consolidated plan. We were I think we're a little bit more optimistic than I was maybe a couple of months ago in terms of our funding and next year's funding. But it's still kind of a wait and see situation. So that's where we're
All right. Yes. I mean, hope we can keep track of what's happening and really see what the impact is so that we can find solutions before we're surprised by any of this. So thank you very much. I support this, and I'll make the motion.
Right. I certainly appreciate that. I did have I'm prepared to support your motion. I have one minor adjustment that I want to make. And again, want to thank the commissioners that spent a great deal of their time trying to do so much with so little.
But I do have a program that I want to be able to help out in our community and fund. It's called Empowering Readers. It's a high impact one on one literacy intervention program. It's designed for first and through fifth graders who are performing below grade level in ELA need individualized support. So they get in partnership with the Boys and Girls Club, they train adult mentors after after school and during non school day settings to be able to tutor these kids, be able to build confidence in these children, improve fluency, comprehension and critical thinking skills.
So I'm a big fan of making sure that we are squaring away our the children in our community. So what I want to propose, if you are okay with that amendment, sir, is just moving
off of
community based service program, formerly Regional Homeless Services, to $16,618 and moving the $10,000 to Boys and Girls Club for an additional $10 to their $20 so they'd get a total of $30 and I'm happy to support your original motion with that.
So you wanna
move it from you wanna move it away from Pathways of Hope?
That's correct.
Of how much? 10? 10.
I I They have 16. I mean, they'll still get 16.
You did request 67,000 and also one of my questions was is that a commissioner had actually reached out to Pathways of Hope and told them that they were getting approved for the full 67 and then so that was an issue. But then, of course, it was recommended at 26,000, which is about a third of what
Well, I'm not the commissioner. And the commissioner didn't shouldn't have have done that. We have final approval of that. I'm
not sure
why they put the cart before the horse there, but that would be something I propose again to fund this program that I think is valuable. And I'm happy to support your motion, sir, with that friendly amendment.
I'm a little concerned because that's a lot of money to take away from Pathways of Hope. And I know I do know that they take they do a tremendous amount of work in
let's draw it down to how about half?
That's still I mean, I don't I'm not fully aware of your program.
What about Fullerton City Lights, which asked for 43 and
was given Can I suggest I'm actually not disagreeing with you? I think these programs are great. And I would like to see the Boys and Girls Club get more money for some of these programs. That's great. But I wonder if there's we can maybe piecemeal it from like take it from not from one group, a big chunk, but maybe see if we can get some incremental amounts and then see if we can tally up to at least maybe 10?
Well, I mean, the other programs are getting very little as it is anyway. I don't know where you're going to take away from a $10,000 recovery road CDBG grant or a $10,000 Roadmap to Success for Youth Mentoring for Stand Up Kids OC, I think I'm happy to do, again, I think $5,000 from the Pathways Community Based Services program, perhaps $5,000 from City Lights gets to the $10,000 I think Boys and Girls Club, I think the program is worth us investing.
Yes. Mean, without knowing much about that program and without knowing much about and without it being vetted because we're this went through the community development. We have not been able to vet it as a council. So I
would really But we vetted Boys and Girls Club. This is just an additional program that they're going to fund. I don't understand. Mean, Can not as repeat if the they're not packet?
Because we're actually not allowed to fund something that wasn't requested. I'm if they sure.
How is this is
that particular program in their ask? And I'm there's a lot of paperwork here so I'm just flipping through it.
Because
we can't we're not allowed to fund a program they didn't ask for, if that makes sense. And I know this because I was the former chair of the CDBG committee. So this was my purview. That is an issue because they will not be able to legally submit paperwork accepting it or their final reports or any of those things if they didn't ask for it. So is that I don't know if the staff member who worked on this can mention
that.
Yes. So we can't fund a different program that's not listed on here. So if you're referring to a specific program from Boys and Girls Club that's not listed on this, then we can't do that.
No, no, I'm not saying we fund it. Give them additional monies to fund what they were going to fund anyway, allow them and afford them a courtesy to be able to fund this program through other means. Does that make sense?
Yes. So you're saying an additional whatever that you decide on originally it was $10,000 from 20,000 to 30,000 correct?
That's correct. Yes. And they have programs listed in there that they're going to fund, correct?
That's right.
Yes.
They requested $50,000 and they only 20.
Yeah. In part, I'll tell you from being part of the inner machinations of this committee, part of that is because Boys and Girls Club is very well outside funded as well.
Well, I think that's nationally. That's huge don't know that they are in Fullerton. I would agree with you, Madame Mayor Pro Tem, on the fact that they're well funded nationally. I don't know that that trickles down to the city. So anyway, that's my that would be Do the be friendly
open to maybe I maybe maybe can we hear maybe from the rest of the council to see where the appetite Happy is on
to happy to.
I mean,
I'm happy.
I was
going to second the motion without any amendments.
But I, yeah, I
Happy to hear from Happy to second the
motion as is.
I mean,
all right, we do have a second then as is. And let's take it from there.
You know, honestly, I'm fine with, you know, with a five and five. I know there was talk about potentially, you know, Fullerton City Lights and also, you know, community based services. And I look, it's obviously, we're looking at this with a limited budget, and we're kind of looking at, you know, giving additional funding to other groups. It's there's tough times right now, but I think five and five is somewhat minimal. And frankly, I'm happy to help try to personally I don't want to confuse things here, but I'm happy to try to help personally fundraise for some of these causes, especially the ones that are so near and dear to our community and that do so much.
So from that standpoint, I think finding the five and five or five, two point five, 2.5, it might be to get to that 10 to help fund that additional ask, I'm okay with.
Okay. So is that a substitute amendment or motion, sir?
Yes, I would make a substitute motion. I mean, don't think this is I mean, I would like to hear from other council members. I don't think this is necessarily a contentious or controversial thing here. Sure.
If I may Councilwoman Valencia.
Your As
a person who occasionally uses Boys and Girls Club for their child, they definitely help children immensely. For my nursing school background, we did a community health program within our community sector for Boys and Girls Club and taught healthy living options for food for families and taught them recipes and a bunch of stuff. And I definitely go to Boys and Girls Club and I've offered to give talks for nurses and everything to promote their well-being for those kids. So I would love to give them more money so we can give them more resources. They supply the city with a lot for our children in our schools.
They have hubs at plenty of the elementary schools. They definitely have that teen center. It is very worth giving them the $10, however you guys come up with it. I'm on board. So I'd
like to add my 2¢ here. Thank you. The Boys and Girls Club is a wonderful organization. There's no question there. I'm certainly not arguing that. However, you just mentioned they do have contracts with FSD. They have contracts with us for the community center. I mean, I've heard them say that they I mean, I wasn't at the meetings this time. But, you know, and so and I agree that certainly literacy is incredibly important, childhood literacy incredibly important. However, what Pathways of Hope and Care Housing Services Corp are doing is providing housing and food for these kids.
You know, there's families living there. They provide the food pantries. Pathways of Hope provides the major food pantries in our city. You know, so that's why I'm very hesitant to second guess the committee, which by the way is only at four members. There is a vacant position.
So whichever council member has not yet appointed, I would hope that they would do so for the next cycle so that we could have because I my my appointee reported to me that it was difficult sometimes with only four members with splits. So we wanna help them do their work. But, you know, they they had to really argue about this 169,000 which is not enough. Nobody's arguing that any of this is enough for these wonderful organizations to be able to do what they do. But they made those tough decisions, and and I'm willing to respect their tough decisions. And as council member Dunlap said, fundraise for the Boys and Girls Club privately because that's something that they are able to do. Can
I can I if I may, mister mayor, I don't want to I don't want us to to disagree on this and have a split vote? I want to vote on this.
Okay.
I think there's so much good in this, and I don't want to disagree on a few thousand dollars and and vote against all of this. And I think I I really hope that you would work with us to be able to get to a point where we can all have a un unanimous vote. This is a good thing for our community, and I think all of us wanna vote for it. So so can we just before we we do these sort of votes, can we reach something where, I'm okay to compromise on some of these? The we're we're you see, we're compromising on other people's, community efforts.
Right? So this is for us, it's easy to look at numbers, but these are organizations that are really struggling sometimes to provide the most needy in our community, the people who need the help the most. So it is a very tough thing. So I I hope you can just at least not take a vote so quickly so that we can actually all vote in the positive on this.
I'm confused as to where you don't think we where would you like to suggest
this for? Can I
just make one point? Yes. I was just informed that Boys and Girls Club did forfeit their fourth quarter reimbursement. So I think that's something that we should consider in funding additional funds to Boys and Girls
Club. Okay.
So they didn't meet the necessary requirements this last quarter.
Okay. Were the reasoning That behind makes it easy. But what were the reasoning behind
that?
Yes. I think it was not providing documentation supportive documentation.
Okay. Well then, let's I'm going to
I'll retract the substitute motion.
Very good. So we've got an original motion as it is with staff recommendations. Let's vote.
Mayor Jung, are you the second to the original motion then?
I'm I'm gonna give this one to the mayor pro tem. Yeah.
Okay. I hope I can read my notes later. Okay. Council member Dunlap. Aye. Council member Valencia. Aye. Council Member Zara. Aye. Mayor Pro Tem Charles. Aye. And Mayor Jung. Aye. Item passes.
Alright. Next item for us, this evening is another public hearing item. It is short term rental moratorium emergency ordinance extension subject to government code section 65,858 A to mitigate ongoing impacts. Again, we have our director Thomas to do a brief presentation. Next slide,
please. You, Mayor. This item is a request to extend the current moratorium on new short term rental permits. The city originally adopted the short term rental policy and ordinance in 2020. On May 20, staff had requested the council to initiate an urgency moratorium for forty five days due to a high volume of unpermitted short term rentals and some properties operating with construction.
Since then, we have been evaluating the scope of these issues and is recommending an extension of the moratorium to allow time to conduct a full policy review and strengthen our regulations. Next slide, please. Here's what we found during the initial moratorium period. We have 173 unpermitted STR listings that have been identified and cited. 36 code enforcement cases were opened between June 2024 and June 2025, with 16 new cases just since May.
77 applicants who were previously denied have attended to bypass the rules by manipulating their listings. Our fiscal review also showed that enforcement costs plus the financial costs outpaced the revenue generated by the STR fees and taxes that we have now. We've also identified gaps in the current ordinance related to inspection requirements, penalties, and enforcement tools, which we are working with legal counsel to review and to have a proposal ready for counsel's consideration. Next slide, please. Staff is recommending that the Council introduce and adopt the urgency ordinance before you tonight.
This would extend the moratorium for an additional twenty two months and fifteen days, which is a maximum allowed by state law and would give us the time to review, do a comprehensive STR ordinance review, conduct citywide outreach, explore inspection protocols and permit caps, and then of course strengthen our enforcement measures. Plus doing an audit on some of our TOTs that we have existing, but also those that have been here unpermitted. It is a requirement per Title IV that they are to remit any TOT payments irrespective of their permit status. So that is the reason for reason and justification findings for the request for the extension for the moratorium.
All right. Thank you for that. We'll hold off on counsel questions until we hear public comments. So I'll go ahead and open the public hearing on the matter and look forward to public comments accordingly. Any members in chambers? Sir, you've been extraordinarily patient.
Now's your time.
Man, you guys broke my heart, man. So I'm here because they stopped I I intended to do a business in Fullerton. I come in here ten years ago, and I have my dreams. My first dreams was buy a house in Fullerton. And I have my house in Fullerton. I do my business in Fullerton because I put my house in listing in in Airbnb, and I ask everybody what I need to do, and everybody tell me if they approve, it's approved. I coming in November in city, somebody tell me on the on the desk. I ask, I can do show rental. They tell me, yes, you can do. But we gonna ask the neighbors.
I told my wife, we we gonna check how it's working this because we don't do every paperwork if it's not working. So we start working. This morning, I receive a phone, and they tell me at 04:00, you need to take off the house because if not, you're gonna take penalties and fees and everything. So in six months, they do me super host, and I have the guest for it, and I have everything list. If you can learn my comments in the in the listing, everybody love my house.
So I look here what is the reason, and I listen now. What is the reason? What is not approved? The the short rental. And we pay a pay a price for the for the for the COVID. We're still paying the price for the COVID there. They stopped the short rental and what I listen here in the paper. They they stopped listening because people get sick. People do noise. People do something. I'm I want you to be put me fees. Tell me what I need to do. If I need to put my house in hotel, I gonna do hotel. I do whatever I need to do to do my house in. I like this business.
And everybody likes my house. It's coming. Doctors use my house from Chicago. It's coming people from New York, from Cincinnati, from everywhere. We intended to do something, attack people to Fullerton. I speak bad English because I speak four languages. I live in Spain, fifteen years. And my English, sometime people I told people, you don't listen to me and don't look my face because it's not the right thing. Just look in my my mind because I want to stand up in this country. I want to do something here in the in Fullerton. I don't want to sell my house. I ask everybody when I can do the short listing. And everybody tell me it's Fullerton and Whittier. Tell me that. I'm not him to tell me because it's very close to Disneyland.
But we are here. I do good business. I don't disturb my neighbors. Everybody parking my porch inside. Everything is nice. I if you want, you can sleep a night in my house. I'm sure you're gonna like it. And I I'm sure you I'm gonna take the the very good review for you. If you'll learn my reviews, people, it's it's happy with everything we do. I I I don't
Thank you.
And I'm sorry for my first time. It's my first time here.
No problem.
And I don't know how it's working.
It's alright.
Believe me, I don't want to be here this night.
I'm sure you don't.
Thank you very much.
That I believe 100%. We'll go ahead and close the public hearing. We'll bring this back. Give me some sort of idea. Obviously, this is a fairly extensive period of time that we are placing this moratorium.
Is there a process for someone who doesn't have a permit now to during this if they're in the permitting process, do we halt where are we at with that? Does everybody stop where they're at and then have to start over again? And what do we logically conclude in terms of timeframe that this will take for our staff to research all of this and have a policy that makes sense for the city?
So we stopped taking applications. That was just probably a month ago by the time it got into the system. The ones that have applied, like the gentleman that was here, we have we'll keep him in the queue because we have a first come, first served program. So we'll keep him in the queue, but we are not reviewing them until we sort of complete the task that's before you today. I anticipate the best case scenario probably end of the year, if not January 2026.
That is the ideal timeframe. The length of time is really the enforcement, you know, while there are 173, you know, these are the requirements to operate an STR. We're not saying that they shouldn't be here. Councils clearly approve that at some point. There's a disconnect between when Airbnb say you can go ahead and function at a city but not requiring local requirements or looking at their local requirements.
So they're able to list and thankfully we have a software that catches them to being able to see that. The reason we want them to go through those permits while we still get our TOTs, that's a plus, is that we need to make sure that it's safe because your house is now not just a residential house, you're now opening it up to the public. Are you making tenant improvements? Most likely you are to attract certain tenants and we want to make sure that those are done in a safe way. That's kind of the main concern.
And then the secondary is there's not enough objectivity within the policy and now because one of the challenges we've had is, as far as the policy is concerned, you're allowed. But sometimes we've got neighborhoods that really oppose having a, SGR in place within that neighborhood. And you could argue that that doesn't fit the character of that particular neighborhood, but there is no avenue for that discussion unless I sent it up
to Currently with the ordinance that
we Currently have with the ordinance that
we have now. So providing an avenue for the community input so that it doesn't have to reach certain levels as it is now would be very helpful for us so that we're ensuring that it meets our community needs and goals and it meets the characters of some of our neighborhoods here in the city. As far as other violations, you know, they're not significant. It's just the timeframe of code enforcement, but also the financial time to audit will take us significant time between our team and finance.
Understood. All right. So we'll go ahead and close the public hearing, bring this back to counsel. I understand the logic, the reasoning behind it, and I ask those that are in the queue to be patient, but I'm supportive of this item and happy to move it.
One second. Couple of questions. Sure. Many people are in the queue?
We probably have about 10 left. So we're almost at, I want to say, 88. We have a cap at 100. I don't have those numbers right in
So front of me, people but we who are in the queue, meaning they've already submitted their applications, but then this happened, right? So that froze their applications.
Half and half. So we within 2020 we have caught up to 2025 for all issuances. With between, I would say, March to June, we probably have about 10.
Right. But how many were in the queue when like right at the moment when we approved the first moratorium?
I don't have that number in front of me. I can certainly check, but
Right. My question is, are you is there a mechanism within this moratorium to grandfather in the ones that were in the queue right before? Like it's almost like we kind of unplugged while they were in the process, right? So there's a little bit of an unfairness that happened. And I'm wondering if there was if there's a mechanism within this, a legal mechanism, to at least allow maybe the two or three that have gone far enough in the process and invested long enough that they that we can just give them that carve out that exemption for them since they've been in through this. So I don't know if that's legally possible within this
It's legally complicated because you have the moratorium in place. You have to unwind the moratorium, allow the exception and then put the moratorium back into place. I don't know how you could create that exception.
Dick said, that would be complicated because once the moratorium expires you need a new set of facts and circumstances justifying another moratorium.
The moratorium creates a freeze.
If you
want to create the exception, you got to take the freeze off, then you can put the moratorium back into place.
All right.
So maybe that was something that should have happened prior to this, yes.
All right. Any other questions?
And I do have one more question, sorry. Is this the amount of time that you're requesting? Is this an estimated time so it could happen earlier?
I asked that. She answered that, sir. Okay.
It could. I mean, we're working on through it now. We're going through the citations, bringing them to compliance. It's not just a, you know, give them a citation and then we correct it. It usually takes a few months for us to really finalize those requirements.
And then the ones on the queue, you know, on average, like half of them always have a building permit issue. So when they don't have permits, I'll have to deny them. If they list, majority of them will also list prior to the submittal, which is also very clear in our code that says you cannot list unless you are approved. We have a software that we use that tells us documented stays, when they started to when they stopped, when they got a notice from the software itself. So it you know, with the tools that we have now through the policy, it's very difficult for me to give them a preference and not doing it all around. It's this is the sort of back and forth we go through right now with case evaluation, and it really shouldn't be the case.
Right. So the reason I was asking this, and I know you've asked the question, the reason is because I wanted to do a follow-up. Just why is it that we didn't know this length? Like how are you estimating? Why wasn't this estimated before in the first time? Because the first time we did, what, one month or something like that? Is this a legal issue?
Yes. So the statute requires that the first moratorium be forty five days. That's set by statute. And then at that mark, we come back for this public hearing where you discuss a further extension. And the absolute maximum is two years. So that twenty two months plus the forty five days get
you The two report you're getting tonight is mandated by the code which requires you to go back in forty five days to get the information you just got.
Okay. All right. Thank you for clarifying that.
You have the ability if you don't like the information to suspend the moratorium and go back to what you were doing.
Right. But but up to but it is up to two years. So there's but you're confident you're confident that it can happen with less time.
It's hard to defend it, but I can say in our good faith effort, our goal is to bring it back by the end of the year, if not If there are variables within that, we're happy to provide a report to the council why it would be delayed further.
Are there anything that the applicants that are currently in the thing can do, in anticipation kind of like to do certain things? Are they still able to do certain things? They're not just wasting time waiting?
Yes. We've sent out a e mail to kind of explain that there's a moratorium in place. You know, please be advised that your building permits, any improvements to your house needs to, have completed building permits in place that they cannot list until it has been approved and that they are required to pay TOT fees irrespective of their permit status. So that is being communicated to the unpermitted but also for the existing in the queue but also the ones that will not be able to apply. So they can work on that so that they have a more thorough application when it is time to submit.
Okay. All right. Thank you.
All right. Again, I'm happy to move this forward. Is there a second?
Yes. I second it already.
All right.
Madam Clerk, please call the
roll.
Council Member Dunlap. Aye. Council Member Valencia.
Aye.
Council member Zara.
Aye.
Mayor Pro Tem Charles. Aye. Mayor John.
Aye.
Item passes.
Alright. Now we have,
Sorry. I gotta read the title very quickly while while your next speaker is coming to the podium. It's Ordinance Number 3,346, an urgency ordinance of the City Council, the City Of Fullerton, California extending a moratorium on short term rentals within the City Of Fullerton for an additional twenty two months and fifteen days.
All right. We're on to regular business. It is the classification plan update relating to city clerk, clerk service manager. And we have our human resources manager to here this evening to give us a presentation.
Yes. Laura Teneti Mercer with human resources. Before you have a resolution regarding the city clerk clerk services manager. This city clerk clerk services manager position is comprised of two different pieces. One is the city clerk which is appointed by the city council with duties governed by government code.
The second piece is a Clerk Services Manager, which has responsibility of the general oversight of the office of the City Clerk, basically the day to day operations. Currently, the City Clerk Clerk Services Manager is assigned to the confidential non represented employee unit. Due to the depth and breadth of the work performed in conjunction with the responsibilities of the position, staff feels that this position is more closely aligned with those positions assigned to the executive unit. Staff recommends revisions to the classification specification to reflect the full scope of duties performed as well as a title change to City Clerk Director of Clerk Services and reassign the position to the executive unit. The incumbent Ms.
Williams will be reclassified to City ClerkDirector of Clerk Services. Next slide, please. The salary for this new position will be established at the same base pay as the City Clerk Clerk Services Manager with adjustments for a higher employee contribution toward CalPERS. So the range will be 108,022 to 162.33. Again, there will be a net zero change even though her current salary is at 151,002 and 97 because of that increase to the CalPERS contribution.
So because there is a net zero change, we're not asking for any allocations from twenty five-twenty six. We've currently the resolution for the confidential nonrepresented employees includes a retention bonus upon reaching fifteen years of service to the city. As Ms. Williams would have been eligible for this benefit in less than one year, Language has been added to the executive resolution to provide her this benefit upon achieving this milestone in recognition of her many years of service to Fullerton. With that, I'm happy to answer any questions.
All right. Before we bring this back, we'll seek public comment on this matter. Any members of the public wishing to make comment? I didn't expect that, I have to say. You surprised me again, Ms. Milton.
Good evening again, everyone. Thank you so very much. I am if this if I'm hearing this correctly, this sounds like an advancement. And if anybody deserves it, Lucinda does. I have never seen anybody work as hard and know as much and have as many entitlements behind her name as this lady has.
I learned about the entitlements when I took the Fullerton civics class during COVID. And, I mean, she I am so impressed with her knowledge, and I really, really think she get she could get she deserves everything that she is getting, and I hope she gets more and more as time goes by. Also, I wanted to as I say, I went to her this afternoon hoping against all hope that we could shorten the time for consents. And I was hoping because I love the fact that that you you, mister Mayor, always say, well well, while Maureen is working her way down, we'll have someone else speak. And I thought, oh, I I've watched so many congressional hearings and meetings and floors, and and they always have a a yay and nay.
And I was so hoping that we'd be able to do that to cut time down. But unfortunately, she told me that the laws in California won't allow it. So we can't cut a little more time off of yeas and nays because I know people don't understand what you really want is just a yay or a nay, and they wanted an explanation. So I I fully, fully, fully, fully say yes, yes, yes. And I hope she continues to get more and more advancement because she works terribly hard, and I have a tremendous amount of respect for her. Thank you.
Thank you. Any other comments?
Okay.
And I'm gonna assume, madam clerk, you're not gonna talk us out of it, are you? Sir.
Oh. Good evening.
It's a little low. I came to give my praises to, madam city clerk who's in the Williams as well. And there's a crowd of us, still outside, city hall right now that want to express their support as well for this item. City clerks Lucinda Lucinda has done a tremendous job over the past decade that I've been coming to give public comments and serving in a commissioner, type of capacity. I only pray that she gets even more reimbursement, more salary increases in the future because she's one of two city clerks in the county that offer their expertise to, Bob Page, the registrar of voters on election matter issues.
She is the one that is here almost at the very end of the night when commissions go till, like, 08:00 or 09:00 as well. So she's, she's offered so much of her time and her love for this city that I can only imagine she would be the one to be promoted to director of clerk services and that she would be promoted to an executive level position, the way that she's deserved. And had the charter city discussion gone forward, I would you know, I prayed that she would get additional, city clerk, assistance in her department as well in the future. But other than that, I just wanna say, sing my praise to Lucinda for all her job well done and for you to support this item. Thank you.
Thank you. Next speaker.
My name is Zee, and I became familiar with Fullerton when I relocated here in 1978. Since I started coming to council meetings January 2022, I, I have appreciated, miss Lucinda Williams, her help, her encouragement, her ability to, answer questions, be useful and helpful. She's a dedicated staff to the City of Fullerton, and I support her new title and any place that she can any new title she gets, well deserved. Thank you so kindly for your service to the City of Fullerton. I much appreciate it of you.
All right. Anything online? Okay.
Just like everybody before me, I'd also like to thank Lucinda for all the years that I've been coming to counsel, all of the help and just really friendly, just awesome service to the community that you provided. So thank you, and I also support this item.
All right. We'll bring this back. It's the City Manager's last meeting, not the City Clerk. So I don't know, it's kind of strange to get all of this public comment on this. But all right. Happy to move this forward. I'll seek a second. If I
may, I just have one question.
You're not going to talk me out of it, are you, sir?
Go ahead. No, no, no. Certainly not. I do want to also thank our city clerk. Listen, that you've been, just a really an amazing staple here. And, whether you're a candidate or you're a member of the public, she's always, available. And of course, she's always available to answer council questions. And certainly, I've asked my share of questions to Lucinda. So thank you very much for all the work. And I I I just want, just a technical clarification, certainly not on the merits of of this.
I I I do support this item, and I'm happy to second the the item of the the mayors. But, you mentioned, yeah, if if if I may, miss Mercer, you mentioned that the city council appoints, the clerk. Correct. The city clerk as a Correct? So this is a city council direct appointment?
So there there's two pieces to it. There's this piece that's the city clerk. So, again, that those duties are governed by government code that is appointed by the city clerk. So that person technically could be someone other than what is currently the clerk services manager. They technically like if you wanted to assign the city clerk duties to say the city manager or the director of administrative services director, you could do that.
While we would still have the clerk services manager or this new position of the director of clerk services, that position is appointed by the city manager. So there's a carve out of city clerk. That is what that piece is counsel pointed. But the director of clerk services, the the new title, that one still falls under the, authority of the city manager.
Right. I'm I'm trying to understand the, so for example, the in future, long you know, after long, you know Mhmm. Long long period of time of your your service here, who would hire that to that position? Is it the council directly? And who who does that would that position answer to? Or is it the city manager like other directors?
It would be it would
be appointed the city man we would do the recruitment and we appointed by the city manager, then it would be the city council
I I think you're you're confusing Councilman Zara. Is there a way to and quite frankly you're confusing me. Is there a way to just do an org chart and mail it out to everybody via email on exactly who was appointed to whom and who was hired by whom.
Oh, and I I can clear I can try to clear up real quick. The way the city has done it and different cities have dealt with city clerks differently, but the way the city here has done it is the clerk manager or the clerk director position is appointed by the city manager. And officially, the city clerk is a title unless the city count that the city manager puts on the city clerk unless the city council decides to have someone else be
That that thank you for clarifying. I I don't mean to step on your foot. I I just I was getting confused in the process
of Yeah.
No. I know. Because we're we're almost bifurcating these this type of this this position. But the this position that Lucent this new position that Lucenta will be in I'm sorry. Madam Clerk.
Neither is fine.
Will yeah. Sorry. I'm very informal. So will she you would still have the same the the same function, so administrating the elections, administrating, and hold the holder of the public record. Is that correct?
That's correct. That that's correct.
And the reason the title has changed is because she's moving from exempt exempt classification. Okay. Yeah, exempt or confidential classification to the directors. And so to make the title more consistent with other department directors, that's what the title changes to.
Or motion of her status.
Right. Okay.
Okay.
Clerk
piece has been there all along. I just don't think anybody remembers it.
Madam clerk, please call the roll.
Okay. Thank you very much for the for that.
Council member Dunlap. Aye. Council member Valencia. Aye. Council member Zara. Aye. Mayor Pro Tem Charles? Aye. And Mayor Jeung? Aye. Item passes.
Ms. Mercer, don't go too far. You got the next one too.
I do.
Now this is the employment agreement with Eddie Manfro to serve as interim city manager.
Correct. So this is an agreement to your point to appoint Eddie Manfro as interim city manager. As, we well know, city manager Leavitt will be leaving the city of Fullerton to be city manager near the organization, and his last day with Fullerton will be 08/01/2025. To ensure the continuity of executive leadership, council city council has provided staff direction to appoint Eddie Manfroe, the current director of human resources, as the interim city manager effective 08/02/2025. Director Manthroe brings to the city a wealth of experience.
He does have prior experience as a City Manager with the City of Westminster, approximately eight years of experience as a City Manager. He also has approximately nine years as a director of human resources. So we are very fortunate to have him in this role He will serve as the interim city manager until a permanent city manager can be appointed His salary will be, 262,781, which is equal to that of the chief of police. There is no net fiscal impact as the salary is consistent with, what was approved in the budget for twenty fivetwenty six. However, there is a resolution before you that does require a change to the council appointed salary resolution to include the salary.
Mr. Manfred will retain his status as HR director and he will return to this role upon the appointment of a permanent City Manager. And with that, I can answer any questions you may have.
All right. Thank you for that. We'll go ahead and take public comments on this matter.
Let me get short and sweet because it's late, but, just a big thank you to city manager, Levitt, for steering the ship throughout the past three, four years. Just huge thank you. Yeah. That's and then congratulations to, Interim City Manager, Eddie Raffinfeld, on August 2.
All right. Madam Madam Clerk, any any comments? Well. We'll bring this back. I'll move the item.
I'll second.
Madam clerk, call that roll.
May I just make one quick comment? I'm so sorry.
Must it be
Very quick. Must it be. I just wanna say publicly thank you so much to outgoing city manager Leavitt. Thank you so much to incoming interim city manager and how much I appreciate that this council and my colleagues and I work together to create stability in this transition. I do think that needs to be marked because that is not something that was a given. And I appreciate that we all in Unity decided that that was a important thing that we care about here. And I know Director Manfroe has been a very active negotiator for all the union raises in the last few years. We've worked with him many times on this and look forward to working with him as interim city manager to help us move through this transition as well.
All right. Madam Clerk.
Okay. Have a motion and a second. Councilmember Dunlap. Aye. Councilmember Valencia. Aye. Councilmember Zara. Aye. Mayor Pro Tem Charles. Aye. Mayor Jung. Aye. Item passes.
All right. We have two consent calendar items that were pulled. Number 11, moratorium of understanding. Oh, I'm sorry, memorandum of understanding between City of Fullerton and Wisk Arrow LLC or the Vertiport Infrastructure Strategic Planning efforts. So much there. Who do we have presenting this? You're it. I'm button here
for questions.
Yeah. No presentation. Just there was a member of the public with questions. So I believe this miss Laredo had reached out and requested had questions on the item.
I I also had some questions.
I I pulled the item.
Okay. Any alright. You want to ask it now?
I just want to give my reason for pulling it. Sure. The reason is because I think this is a very significant move towards the future. And I think this is a it was worthy of a full presentation to properly understand the vision behind this. I am supportive of it. I think these types of technologies are great and it's the future. So I think that we can but I just wanted I thought it burying it in consent calendar didn't give it justice.
Alright. We'll go to public comment.
Okay. Karen Lareda, Fullerton resident. In concurrence with councilman Zara, I do consider that this is an issue of great importance and impact to the city, and it does not belong on the consent calendar. Vertical takeoff and landing aircraft using Fullerton Airport as a host to electric air taxis, really? These issues can change the entire character of a city or region and as such should, at a minimum, have a dedicated commission of staff, citizens, and the appropriate vendor representation.
This commission should be started at the front of the process, not in the middle, not at the end, and I recommend that you take that issue on this evening before moving forward. I served on the El Toro Reuse Committee for years, and I also served and working on the changes to the Orange County Airport so that it would have what we could do is in terms of minimum impact on the cities of Newport Beach and Costa Mesa. These impacts are very real. We are looking here at changing the character of the city by these proposals. Look at Burbank, look at Orange County Airport, and many other local airports whose expansion or altered use completely changed the area.
The people of Fullerton have invested their personal wealth in their homes and businesses. They have chosen to make this city their home. Who are you to completely change that without inviting them to the discussion? Thank you. All
right. Any other comments? Anything online?
Can give you
Hold on one second. Anything online? No. Very good. Let's bring this back. You want
ask I can give
you a quick update. Yes. So this is an MOU. So this is the starting point. And actually, it started when Councilmember Dunlap was the mayor. Whisk is a subsidiary of Boeing. And they this the air taxi is or air helicopter to air taxi is a new concept. It's, sort of futuristic, and it's going to be it looks like it's starting to take off with multiple companies. They see Fullerton as a key partner in this, and so this is like the starting point. There is no there would have to be a lot of tech a lot of infrastructure, a lot of technology changes for anything to happen.
So what they are asking for is an MOU for the city as far as us working and exploring with them this concept and whether Fullerton will be a part of this new innovation innovative technology moving forward.
All right. Again, you were moving the item. Will second Madam Clerk. Yes,
I'll move the item and I appreciate you seconding it, Mr. Mayor. I do have just one follow-up question as far as the timeline of this. So what do do we have some sort of timeline and, any any sort of preliminary idea of when community engagement will happen on this?
I I can try to answer, but also, I contacted representative from Boeing who's here tonight, and they could get up and
Oh, wait.
Give you a quick statement.
Yeah. That would be great. Wonderful. Thank you. Appreciate you coming out.
And then right after the statement, madam clerk, I'll second. We'll call roll him.
Mr. Mayor, members of the City Council, my name is Mark Taylor, Director of Government Operations for the Boeing Company. And as of 2023, Whisk Arrow is a fully owned subsidiary of Boeing. I just want to thank City Manager join joined the chorus of thanks for city manager Levitt. We had a good opportunity to work with him, talk with two mayors in different times.
So what what we're what this agreement would allow us to do is just meet with city staff and put together a plan and look at look at the feasibility of doing this. We'd be happy to come back to the council at the appropriate time and present a full plan, give you an overview of what, excuse me, Wisk Arrow, the technology is and its plans. Southern California is a launch market not only for our company, but several other leading AAM companies. There's been a recent announcement trying to do some of this work ahead of the twenty twenty eight Olympics. So the this technology is designed to be quiet.
It's designed to work in dense urban areas and to try and connect points that if you have to go on a car or even a service vehicle can take an hour and a half, but 10 miles in the air is ten to fifteen minutes. So just think about an Uber with part of that trip being in the air between these things. And so having early conversations with other airports in the Southern California area, LAX, Long Beach, Don Wayne. But Fullerton looks like a, you know, it's far enough away or but connected that looks like it could be a good opportunity for this technology and appreciate the support here and look forward to working with working with your staff and council going forward as we put some plans together. I mean, I I don't we don't have a clear timeline yet.
Once this is executed, I think we need to start working to develop some draft plans, some conceptual drawings of what could work. But again, this will be an iterative process. And nothing could happen without a lot more public input and comment and look forward to being part of that. I'm based locally. Wisk is a California based company. They're based in Mountain View, California, so close. But again, would be happy to come back at a future date when appropriate to do a full presentation both about the technology generally and then specifically anything that we plan here.
All right. Appreciate it.
Thank you very much. My pleasure. Thanks again.
Madam Clerk, call the roll.
Councilmember Dunlap.
Aye.
Councilmember Valencia. Aye. Councilmember Zara. Aye. Mayor Pro Tem Charles. Aye. Mayor Jung? Aye. Item passes.
All right. Number 19, also pulled by Council Member Zara. It's the $327,762.5 contract to Zecco Inc. Or Euclid Street sidewalk gap closure project. Sir, your floor.
Yes. So I pulled this at the request of, in fact, Ms. Jane Rifer, and I know also it was requested here. I think the concern was the environment. There's an environmental aspect to this that I think one I believe Ms. Rifer had sent in some I don't know if I know she's not in here today. Maybe she's Is on Zoom? Okay.
So she I'd let her I'll defer to
her to ask the questions properly, but it is about the environment around it and the creek. Thank you.
Alright. So let's go to public comment and seeing no one in chambers.
We have one.
Or there is. Hold on. Yeah. Mister Holstrom, wait until she's done online, then we'll go
to Zoom.
You wanna do Zoom first?
Yeah. Let's do Zoom first because if miss Reiffer's there
Don't move too far.
Let let's get her.
Jane, you should be able to unmute.
Yes. Thank you. But I'm happy to follow the other public speaker if you like. I hope you saw my letter, and I hope you saw that wonderful photo. I've become in my 30, many more actually, years in Fullerton, I've become quite a connoisseur of the things that are delightful and unique about our city.
And one of the things that I've just become completely consumed with is kind of an unknown and unfortunately our city doesn't always recognize this these unique features, these jewels. I was disheartened to see that in this project, the creek, which I'm sure Jensen Halstrom will tell you more about, but this creek is just called out as a drainage channel. There's no mention made of its historic background, of its, delightful, contrast to the concrete and asphalt around the area, and so forth. There is a it was exempt. It claims to be exempt from the California Environmental Quality Act.
I don't think that can be the case when it's a federally recognized blue line stream. It it it it's also a scenic corridor, and that's a city designation. And you can look at
my letter for the rest
of this. But it's a city designation. And while the guidelines have been, there's a there was an administrative error that did not include them in our general plan, but it still is designated, scenic corridor. We shouldn't make this area look like an office parking lot. This area should be looking like a natural, unusually, positioned little, wildlife habitat that is easy on the eyes and makes just, you know, provides a wonderful aesthetic look to our city.
It's designated a scenic corridor that wasn't even mentioned in the things, and I'd like to have that fixed in our in our, in our city. We should start recognizing these. It's part of our city law. And and just just disheartening that we keep, bypassing it. I did put some solutions in there to keep it more of a natural look and also to protect the actual nature there. And so if if we can go forward with a better plan, I would be very grateful. We don't want to keep losing these jewels. Thank you.
Thank you. Alright. Miss Charlstrom.
Good evening, again, counsel and staff. I just want to start off by saying that if anybody has been over to this part of Euclid, this is on the West Side, just South of Paseo Dorado where the Pines development is currently under construction. I have used this walkway, so many countless times on my bike, walking, and it's always had a need for improved accessibility, which is, you know, hence, you know, this project for, these improvements to make it more accessible. But especially given the lacking awareness of the natural and ecological character of this ephemeral stream, which is, the Euclid Creek Channel. This is a watercourse that upstream of Paseo Dorado is encased in in a concrete channel, but downstream is a natural earthen embankment with a with a earthen stream bed.
And this actually is a very small remnant piece of riparian habitat, which includes, native species like California mugwort, evening primrose, and sacred detura. These are all aspects that are pretty unique to this area, especially given the proximity to upcoming CIP with Bassentry Greenbelt. This is an opportunity for the city to show an interest in having a an awareness and a sensitivity to the things that do make Fullerton beautiful. And Euclid is is very unusual in that Euclid and Bassentry have in this area sort of this natural semi rural character that will unfortunately be heavily, you know, disregarded if this item is to move forward as currently presented. A concrete sidewalk, There are so many ADA materials that can be used, that are firm, stable, and slip resistant surfaces.
This is something where there there's an opportunity, And I think that as it currently is, I think also it's it's mentioned that there is some sort of, fencing to separate the walkway from the channel itself. I don't know what that fencing is proposed to look like, if it's just going to be chain link fencing or steel tubes or what have you. Any any anything that would actually be appropriate for that particular area would just be a natural wooden split rail fencing. So I hope we can discuss some of these things. Thank you.
All right. Seeing no one, right? Okay. We'll bring this back. Director Bice, you have some answers?
I sure do. So this is installing new sidewalks. So there's multiple purposes and benefits of this. One is to install ADA compliant sidewalks, which is providing access, equal access for all. Another portion of this is to protect the natural channel. Right now, there's several drainage inlets that allow on street runoff to flow into the channel, which is creating erosion issues. So by implementing this project, we'll be able to capture that in catch basins in funnel into storm drain system. So there's multiple different benefits of this. The the fence is gonna be tubular steel, and it's purely a safety element to protect pedestrians that are using the sidewalk from potentially falling, you know, into the channel. So it's a very straightforward project.
It is we are tackling it now, but it is part of our ADA transition plan as creating walkable sidewalks for all throughout the city. We're doing it now because of the pines. They are gonna pave that road all the way to Bastion Cherry. So we'd like to get this done before they pave. Otherwise, we'd be cutting into it at some point in the future.
All right. Appreciate the answers. Happy to move this forward. There Just a
if I may, just a quick clarification. So the Creek isn't going to be impacted? You're saying it's actually going be improved?
Well, protected.
Protected. But
yes, we are not going to impact it in any negative way.
Okay.
All right. Is there a second?
I'll second.
Madam Clerk, call the roll.
Council Member Dunlap? Aye. Council Member Valencia? Aye. Council Member Zara? Aye. Mayor Pour Tem Charles? No. And Mayor Jones? Aye. Passes four one.
With no further business before this council, we are adjourned. Thank you.
Thank you, Eric.
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This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.