CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
p CLOSED SESSION MINUTES
AUGUST 2, 2022 — 4: 00 P. M.
Council Chamber
C'Q .1F0R303 West CommonwealthAvenue Fullerton,
California 4:
02p. m. CALL TO ORDERMayor /
Chair Jung calledthe meetingto orderat 4: 02p. m. All
presentROLL CALL Present:
Mayor / Chair Jung, Mayor Pro Tern / Vice Chair Whitaker ( arrived 4: 05p. m.), Council / Agency Members
Dunlap, Silva, Zahra Absent:
None Staff
Present: City ManagerEric J. Levitt, City AttorneyRichard D. Jones, City ClerkLucindaWilliams PUBLIC
COMMENTS - Closed Session None.
4:
03p. m. RECESS to ClosedSession Mayor /
Chair Jung recessedto ClosedSessionat 4: 03p. m. CLOSED SESSION 1.
CONFERENCEWITH LEGAL COUNSEL - EXISTING LITIGATION
Per GovernmentCode Section 54956. 9( d)(1) Name
of Case: Lourdes Toman, et al. V. JerryGlomboske, et al.
Case
Number: USDC Case No.: 8: 20-CV- 00046-DOC 2.
CONFERENCEWITH LABOR NEGOTIATORPer GovernmentCode
Section 54957. 6 Agency
Representative/s: EddieManfroand Jay TrinnamanEmployee
Organization/ s: FullertonPolice Management Association Fullerton
City CouncilI SuccessorAgency Minutes August
2, 2022 - Page 1
3. 4.
5. 6.
7. Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9(d)(2)
Significant Exposure to Litigation: One Case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
Property: 2701 Nutwood Avenue, Fullerton, CA
92831 ( APN # 029- 180- 34)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: The State of California through the Trusteesof the CaliforniaStateUniversity,
Marriott
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
Property: 120 East Santa Fe Ave, Fullerton, CA
92832 ( APN# 033- 030- 18)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Parkwest General Contractors, and
Westpark Investments, LLC
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956. 8
Property: Right of Way Adjacent to 1747
Commonwealth Avenue, Fullerton, CA
APN# 030- 252- 01)
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: Grace Ministries International
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956. 9(d)( 2)
Significant Exposure to Litigation: One Case
5:19 p.m. ADJOURNMENT
Mayor / ChairJungadjournedthe meetingat 5:19p.m.
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August 2, 2022 - Page 2
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
AUGUST 2, 2022 — 5: 30 P. M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
5:30 p.m. CALL TO ORDER
Mayor / ChairJungcalledthe meetingto orderat 5:30 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Zahra (arrived 5:47 p.m.)
Absent: None
Staff Present: City ManagerEricJ. Levitt, CityAttorneyRichardD.
Jones, CityClerkLucindaWilliams, PoliceCaptain
Jonathan Radus
INVOCATION givenby JoyaScholarsExecutiveDirectorChristian Estevan.
PLEDGE OF ALLEGIANCE ledbyCouncilMemberSilva.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
MayorJung reportedhe met with the Dan Lancasterof the Fullerton Firefighters Association.
Council MemberSilva reportedhe met with the Dan Lancasterof the Fullerton Firefighters Association.
PRESENTATIONS
Presented 1. PRESENTATION: SoCalGas Public Affairs Manager Fullerton City Council I Successor Agency Minutes
August 2, 2022 - Page 4
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
Yolanda Harrison, Fullerton, spoke about Rancho La Paz.
Curtis Gamble spoke about homeless issues.
Tanya McCrory spoke about City Council meeting start times and public comments.
Dan Lancaster, Fullerton Firefighters Association, spoke about firefighter issues in Fullerton.
Manny Adams, Fullerton Firefighters Association, spoke about firefighter issues in Fullerton.
Maureen Milton spoke about public comments.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comment.
Council Member Zahra asked about the OCFA proposal and
acknowledged National Night Out.
Council Member Whitaker spoke about communications with fire department representatives.
APPOINTMENTS
None.
CONSENT CALENDAR ( Items 1 - 10)
Dunlap moved, seconded by Silva, to approve all Consent Calendar Items.
Motion carried 5 - 0.
Approved 1. JULY 19, 2022 MEETING MINUTES
Recommendation:
Approve July 19, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed 2. TREASURER' S REPORT FOR QUARTER ENDING JUNE 30, 2022
Recommendation:
Receive and file.
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August 2, 2022 - Page 5
Adopted 3. AB 361 CONTINUING STATE OF EMERGENCY
DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY
MEETINGS
Recommendation:
Adopt Resolution No. 2022- 068.
RESOLUTION NO. 2022- 068 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
MAKING THE CONTINUED DETERMINATION OF LEGALLY
REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE
CONDUCT OF REMOTE "TELEPHONIC" MEETINGS DURING
THE STATE OF EMERGENCY
Adopted 4. BOARDS, COMMISSIONS AND COMMITTEES RULES OF
PROCEDURE AND DECORUM ANNUAL REVIEW
Recommendation:
Adopt Resolution No. 2022- 069.
RESOLUTION NO. 2022- 069 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ESTABLISHING RULES OF PROCEDURE AND DECORUM
FOR BOARD, COMMISSION AND COMMITTEE MEETINGS
AND REPEALING RESOLUTION NO. 2021- 03
Approved 5. FISCAL YEAR 2022- 23 PUBLIC WORKS PERSONNEL
SUMMARY AMENDMENT
Recommendation:
Authorize deletion of one Civil Engineer position and addition of one Senior Civil Engineer position in the FY 22-23 Public Works Personnel Summary.
Approved 6. ON -CALL PROFESSIONAL ARCHITECTURAL CONSULTANT
SERVICES
Recommendation:
1. Authorize City Manager, or designee, to execute Professional ServiceAgreements, includingextensions, with the following architectural firms, in a form approved by the City Attorney:
BOA Architecture DBA as Black O'Dowd and Associates,
Inc.
Crane Architectural Group
Gillis + Panichapan Architects, Inc.
Oldham Architects Inc.
Development One, Inc.
IS Architecture DBA as Stiegler Architects PC.
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2. Authorize City Manager, or designee, to issue purchase orders to these firms for individual projects on an as -needed basis within project or operating budget.
Approved 7. CELL TOWER LEASE AGREEMENTS WITH DISH WIRELESS FOR 2011 NORTH ACACIA AVENUE AND 3151 NORTH
EUCLID STREET
Recommendation:
1. Approve lease agreements with Dish Wireless LLC for their operation and maintenance of cellular tower sites located at 2011 North Acacia Avenue and 3151 North Euclid Street, A.
2. Authorize City Manager to execute lease agreement on behalf of the City of Fullerton, in a form approved by the City Attorney.
Approved 8. CONSTRUCTION DEBRIS RECYCLING
Recommendation:
1. Approve $ 47, 000 appropriation from Water Fund balance to Project 53018 Construction Debris Recycling ( Fund 44).
2. Award $ 132, 650 construction contract for Project 53018 Construction Debris Recycling ( Fund 44) to HMH, Inc. and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
3. Authorize Public Works Director, or designee, to approve any future change order for construction and professional
engineering construction support services within the
approved project budget.
Approved 9. CURB / GUTTER AND SIDEWALK RECONSTRUCTION
FISCAL YEAR 2021- 22
Recommendation:
1. Approve plans and specifications for Project 44793 Curb / Gutter and Sidewalk Reconstruction Fiscal Year 2021- 22 Fund 74).
2. Award $ 389, 330 construction contract for Project 44793 Curb Gutter ' and Sidewalk Reconstruction Fiscal Year 2021- 22 Fund 74) to FS Contractors, Inc. and authorize City
Manager, or designee, to execute the contract, in a form approved by the City Attorney.
3. Authorize Public Works Director, or designee, to approve any future change orders for construction and professional
engineering construction support services within the
approved project budget.
Approved 10. USAC GRANT AWARD AND PROJECT APPROPRIATION
FOR HUNT LIBRARY SERVICES IT INFRASTRUCTURE
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NEEDS
Recommendation:
1. Authorize application of and accept a subsequent grant award from Universal Services Administrative Company
USAC) and authorize City Manager, or designee, to execute and administer the grant application and related grant
documents, in a formapprovedbythe CityAttorney.
2. If awarded, authorize appropriation of receipt and use of USAC grant award and Fullerton Library Foundation
contributionsfor the LibraryServicesInformationTechnology Infrastructure project at the Hunt Library.
3. Ratify and authorize City Manager, or designee, to execute agreements with EdTechnology Funds, Inc. for grant
application support and with NetXperts, Inc. to implement information technology infrastructure needs at the Hunt Library.
PUBLIC HEARINGS
None.
REGULAR BUSINESS ( Items 11 - 13)
Adopted 11. CITY MANAGER TEMPORARY CONTRACT AWARD
AUTHORITY
Dunlap moved, seconded by Whitaker, to:
1. Adopt Resolution No. 2022- 070,
RESOLUTION NO. 2022- 070 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, GRANTING TEMPORARY AUTHORITY
TO THE CITY MANAGER TO AWARD CONSTRUCTION
CONTRACTS TO THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER
2. Direct City Manager, or designee, to provide a report of all agreements or contracts awarded for City Council
ratification at the September 20, 2022 City Council
meeting.
Motion carried 5 — 0.
Direction provided 12. OPIOID LITIGATION UPDATE
Zahramoved, secondedby Silva, to direct the first -year default to the County to evaluate how recipients expend the funds. City Councilcan then decideif it wantsto electto havethe City receive the funds in the next distribution cycle.
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Dunlap made a substitute motion, seconded by Jung, to direct the first -year default to the County and return funds to the City starting in the second year.
Substitute motion failed 2 — 3 ( In favor: Dunlap, Jung).
Original motion carried 4 — 1 ( Opposed: Dunlap).
Approved 13. CONTRACT AMENDMENT AND UPDATE TO HOUSING
ELEMENT
The following addressed City Council via Zoom:
Jane Reifer spoke about grant funding for staffing needs, housing numbers, historic properties, inclusionary housing and existing contracts for this work.
Zahra moved, seconded by Whitaker, to approve Amendment Number One to Agreement with Dudek and authorize City
Manager, or designee, to execute amendment and administer agreement, in a form approved by City Attorney.
Motion carried 5 — 0.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 6:22 p.m.
Fred Jung
Mayor
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