303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - OCTOBER 18, 2022
MEETINGS: The Fullerton City Council / Successor Agency meets on the first and third Tuesday of the month, convening for Closed Session at 5:00 p.m. and Regular Session at 6:30 p.m.
PUBLIC COMMENT: The public may comment on Closed Session items at the beginning of the Closed Session meeting .
The public may comment on matters not appearing on the agenda and Consent Calendar items during Public Comments at the Regular Session meeting. Prior to public comments, the public may request the removal of consent items for further discussion. Those wishing to speak on a regular business or a public hearing item on this agenda may do so when the Mayor calls that specific item for consideration.
Each speaker addressing non -agenda and consent calendar items shall have three minutes to make their remarks. City Council will allow no more than a total of 30 minutes at the beginning of the Regular Session for non -agenda comments .
Those speaking on regular business items and public hearing items shall have no more than three minutes per item to address City Council. No person shall speak more than one time to the same item. The Mayor may request that a spokesperson represent a group wishing to address City Council. The Mayor or majority of the Council may grant an extension of time for a speaker. No speaker may yield their time to another speaker.
PERSONS ADDRESSING CITY COUNCIL: Please complete a speaker form and submit the form to the Assistant City Clerk in the lobby prior to approaching the podium. State your name and city of residence for the record at the beginning of your remarks. All speakers shall observe civility, decorum and good behavior. Any item submitted to the City Council during the meeting shall become public record and subject to applicable disclosure laws.
AGENDA ITEMS: This agenda contains a brief summary of each item the Council / Agency will consider. The City Clerk ’s Office posts the agenda packet online no later than 72 hours prior to the meeting at www .cityoffullerton.com. The City Clerk’s Office and Library have copies of the packet available for public review.
In accordance with CA Government Code Section 54957.5, the public may inspect any writings or documents relating to an open session agenda item distributed less than 72 hours prior to a regular meeting at the City Clerk ’s Office located at 303 West Commonwealth Avenue, Fullerton, California and the Fullerton Main Branch Library Information Counter located at 353 West Commonwealth Avenue, Fullerton, California during normal business hours. The City will post such writings and documents received in sufficient time on the City’s website at www.cityoffullerton.com.
State regulations prohibit City Council from taking action on non -agenda items except as provided by law. Visit www.cityoffullerton.com or call (714) 738-6350 for more information.
ADA REQUIREMENTS: The City has equipment and services available to assist disabled persons with communications at the public meeting in compliance with the requirements of Title II of the Americans with Disabilities Act (ADA). Should you require special accommodations to participate in a meeting, please contact the City Clerk at [email protected] or (714) 738-6350 at least 48 hours prior to the meeting to make arrangements.
REMINDER: Please silence all electronic devices while City Council is in session.
The City will rebroadcast this City Council / Successor Agency meeting on Spectrum Cable Channel 3. The public can find cable channel rebroadcast times as well as view the meeting video on-demand at www.cityoffullerton.com.
Refer to Resolution No. 2020-04 to review the complete Rules of Procedure and Decorum for City Council meetings.
Fred Jung
Mayor (District 1)
Jesus Silva
Council Member (District 3)
Bruce Whitaker
Mayor Pro Tem (District 4)
Ahmad Zahra
Council Member (District 5)
Nick Dunlap
Council Member (District 2)
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION AGENDA
OCTOBER 18, 2022 - 4:00 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - Closed Session
City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda.
RECESS to Closed Session
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
1. Name of Case: Stephanie Stevenson v. City of Fullerton Case Number: OCSC Case No. 30-2018-01039485
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 1580 West Commonwealth Avenue, Fullerton, CA Agency Negotiator: City Manager Eric Levitt
Negotiating Parties: Best4Less-Placentia, a California corporation Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Per Government Code Section 54956.9(d)(1)
3. Name of Case: Californians for Homeowenership v. City of Fullerton Case Number: OCSC Case No. 30-2022-01281840
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
4. Property: Approximately 0.49 acres and portion of adjacent parcel located at the northeast corner of Ellis Place and Harbor Boulevard in the City of Fullerton (APNs 029-032-21 and 029-033-24), approximately
0.64 acres located at the northwest corner of Chapman Avenue and Pomona Avenue (APNs: 029-033-03, 029-033-04, 029-033- 05 and 029-033-06)
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Agency Negotiator: City Manager Eric Levitt, Interim Director of Community and Economic Development Sunayana Thomas, Special Counsel
Allison LeMoine-Bui, Rutan & Tucker, LLP
Negotiating Parties: NFRED LLC; Fox Harbor LLC
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
5. Property: 150 East Santa Fe Avenue, Fullerton, CA 92832 ( APN: 033-030- 18)
Agency Negotiator: City Manager Eric Levitt , Interim Director of Community and Economic Development Sunayana Thomas , Special Counsel
Elizabeth Hull, Best Best & Krieger (BB&K)
Negotiating Parties: Westpark Investments, LLC and TA Partners, LLC Under Negotiations: Price and Terms
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
OCTOBER 18, 2022- 5:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS REPORT
PRESENTATIONS
PRESENTATION: Gun Buyback Program1.
PUBLIC COMMENTS - Regular Session
The City Council / Successor Agency will hear public comments on matters not appearing on the agenda but within City Council / Agency jurisdiction and Consent Calendar items at this time. Speakers will have three minutes to make their remarks. Those wishing to speak on a regular business or public hearing item on this agenda may do so when the Mayor / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency from acting on non-agenda items.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS
AND REPORTS
City Council may ask a question for clarification, make a brief announcement, make a brief report on their activities, request a report from staff at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda.
APPOINTMENTS
COMMISSION / COMMITTEE / BOARD APPOINTMENTS1.
Recommendation:
1. Council Member Dunlap make the following direct appointment:
a. Active Transportation Committee - unexpired term ending December 31, 2024.
2. City Council ratify appointment.
CONSENT CALENDAR (Items 1 - 9)
City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The October 18, 2022 - Page 4
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Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
OCTOBER 4, 2022 MEETING MINUTES1.
Recommendation:
Approve October 4, 2022 City Council / Successor Agency Meeting Minutes.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
Recommendation:
Receive and file.
SEPTEMBER 2022 CHECK REGISTER3.
Recommendation:
Receive and file.
2022-23 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT4.
Recommendation:
1. Authorize Chief of Police to accept and execute $285,000 2022-23 Office of Traffic Safety “Selective Traffic Enforcement Program” (STEP) agreement.
2. Authorize appropriation of receipt and use of grant award. 2022-23 ABC-OTS GRANT5.
Recommendation:
1. Accept Department of Alcoholic Beverage Control grant award.
2. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO
ACCEPT GRANT FUNDS FROM ALCOHOLIC BEVERAGE CONTROL
3. Authorize Chief of Police to execute $40,000 2022-23 Department of Alcoholic Beverage Control grant agreement.
4. Appropriate receipt and use of awarded grant funds in Grants Fund 32.
LEASE AGREEMENT BETWEEN FULLERTON SCHOOL DISTRICT AND THE CITY
OF FULLERTON FOR PARKING PURPOSES
6. Recommendation:
Authorize City Manager to enter into a lease agreement with the Fullerton School District.
CONTRACT EXTENSION WITH FALCK MOBILE HEALTH CORP FOR
EMERGENCY AMBULANCE TRANSPORT SERVICES
7. Recommendation:
1. Authorize City Manager, or designee, to execute and administer Amendment Four to October 18, 2022 - Page 5
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the agreement with Falck Mobile Health Corp. for emergency ambulance transport services from July 1, 2022 through June 30, 2023.
2. Approve and authorize $80,000 budget amendment within the EMS Ambulance program (Subprogram 246).
PROFESSIONAL SERVICES AGREEMENT WITH HDL COREN & CONE FOR
PROPERTY TAX MANAGEMENT AND ANALYSIS
8. Recommendation:
1. Approve Professional Services Agreement with HdL Coren & Cone for a seven-year term, with three one-year extension options.
2. Authorize City Manager, or designee, to execute and administer the agreement, including extension options, in a form approved by the City Attorney.
PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH LANCE, SOLL &
LUNGHARD FOR AUDITING SERVICES
9. Recommendation:
Authorize City Manager, or designee, to execute and administer Amendment Two, in a form approved by the City Attorney, to extend the professional services agreement with Lance, Soll & Lunghard LLP, for three additional years through FY 2025-26, for financial auditing services.
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 10 - 11)
FUTURE OF FULLERTON FIRE AND EMERGENCY MEDICAL SERVICES10.
The Orange County Fire Authority (OCFA) presented a proposal for fire and emergency medical services to City Council on January 18, 2022. Management Partners, who the City utilized to evaluate the OCFA proposal against the current Fullerton Fire Department, presented to City Council on September 6, 2022. Staff seeks City Council direction on whether to provide future fire and emergency medical services through the Fullerton Fire Department or OCFA.
Recommendation:
Reject the Orange County Fire Authority proposal, affirm that Fullerton Fire Department will continue providing fire and emergency medical services to the City of Fullerton and direct City Manager to schedule a closed session discussion regarding the Fullerton Firefighters Memorandum of Understanding.
OR
Direct City Manager to enter into contract negotiations with OCFA to deliver fire and emergency medical services to the City of Fullerton.
ONE-YEAR AGREEMENT WITH ILLUMINATION FOUNDATION FOR HOMELESS
SHELTER SERVICES
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The City has encumbered American Rescue Plan Act (ARPA) funding towards the operation of the Illumination Foundation site. The organization seeks a one -year agreement to provide 20 shelter beds for Fullerton homeless individuals.
Recommendation:
1. Direct City Manager to enter into a 12-month agreement with Illumination Foundation and execute any documents associated with such agreement to provide for 20 beds guaranteed per night for one year at a cost of $80 per bed for a total cost of $584,000.
2. Amend Purchase Order #C 000143 to include a new 12-month agreement at the identified rate of $80.00 per day.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
TUESDAY, NOVEMBER 1, 2022
• GOODMAN LOGISTICS CENTER VACATION, EASEMENTS AND AGREEMENT • SCE EASEMENT REQUEST 400 NORTH POMONA AVENUE
• FULLERTON POLICE OFFICERS’ ASSOCIATION - PUBLIC SAFETY UNIT SIDE LETTER • WELL 7A EQUIPPING AND PIPELINE REPLACEMENT ENGINEERING SERVICES • TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING THRESHOLD REQUEST • EMERGENCY DECLARATION FOR TELECONFERENCED MEETINGS
• MAPLE NEIGHBORHOOD CENTER OPERATIONS
• LAGOS MEXICAN CUISINE – STANDARD OUTDOOR DINING APPLICATION TUESDAY, NOVEMBER 15, 2022
• MINIMUM WAGE
• OCTOBER 2022 CHECK REGISTER
• CONFLICT OF INTEREST CODE UPDATE
• COMMITTEE REPORT
• FLOOD ORDINANCE UPDATE
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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