FULLE CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
OCTOBER 18, 2022 - 4:00 P.M.
CALIFORNIA Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:04 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:04 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Zahra (arrived 4:07 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
The following addressed City Council via Zoom:
• Jane Reifer spoke about the Fox Block project.
4:09 p.m. RECESS to Closed Session
Mayor Jung recessed to Closed Session at 4:09 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(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
Property: 1580 West Commonwealth Avenue,
Fullerton, CA
Agency Negotiator: City Manager Eric Levitt
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October 18, 2022 - Page 1
Negotiating Parties: Best4Less-Placentia, a California
corporation
Under Negotiations: Price and Terms
LITIGATION Per Government Code Section 54956.9(d) (1) CONFERENCE WITH LEGAL COUNSEL : EXISTINC Name of Case: Californians for Homeownership v. City of Fullerton
Case Number: OCSC Case No. 30-2022-01281840
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
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)
Agency Negotiator: City Manager Eric Levitt, Interim Director 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
Property: 150 East Santa Fe Avenue, Fullerton, CA
92832 (APN: 033-030-18)
Agency Negotiator: City Manager Eric Levitt, Interim Director 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
5:15 p.m. ADJOURNMENT
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Mayor / Chair Jung adjourned the meeting at 5:15 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
Cly Clerk
Fullerton City Council | Successor Agency Minutes
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
OCTOBER 18, 2022 - 5:30 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
5:30 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:30 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva,
Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams, Police Chief
Robert Dunn, Fire Chief Adam Loeser
INVOCATION given by Erin Hamilton, Epic Church.
PLEDGE OF ALLEGIANCE led by Council Member Dunlap.
CLOSED SESSION REPORT
City Attorney Jones reported that Jung moved, seconded by Dunlap, to settle Destiche v. City of Fullerton for $1,995,000.
Motion carried 5 - 0.
EX PARTE COMMUNICATIONS REPORT
Council Member Silva reported communications with Dan Lancaster with the Fullerton Firefighters Association.
Council Member Zahra reported communications with Dan Lancaster with the Fullerton Firefighters Association.
Mayor Jung reported communications with Dan Lancaster with the Fullerton Firefighters Association.
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PRESENTATIONS
Presented PRESENTATION: Gun Buyback Program
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Curt Johnston spoke about lighting safety issues.
• Brian Kaye spoke about mental health issues.
• Maureen Milton spoke about new project presentations. • Todd Harrison spoke about Rancho La Paz and Ventana
Apartments.
• Katherine Warner spoke about a haunted house business on South Cedar Avenue.
• Jose Rodriguez, Fullerton, spoke about Council Member Zahra. • Tanya McCrory spoke about the Guns for Gas campaign.
• Curtis Gamble spoke about homeless issues.
• ZJ Hahn, Fullerton, spoke about the City budget and street conditions.
• Tony Castro, Fullerton, spoke about homelessness and rent control.
CITY COUNCIL / SUCCESSOR AGENCY I STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comment.
Council Member Silva spoke about rent control.
Council Member Dunlap spoke about state rent control and noted the retirement of Angels catcher and Fullerton Titan Kurt Suzuki.
Council Member Zahra spoke about Ventana Apartments and Fullerton Heights.
APPOINMENTS
COMMISSION / COMMITTEE / BOARD APPOINTMENTS
Council Member Dunlap appointed Eric Walters to the Active Transportation Committee for an unexpired term ending
December 31, 2024.
Dunlap moved, seconded by Jung, to ratify the appointment.
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Motion carried 5 - 0.
CONSENT CALENDAR (Items 1 - 9)
Dunlap moved, seconded by Silva, to approve Consent Calendar items 1, 2, 3, 6, 8 and 9.
Motion carried 5 - 0.
Approved OCTOBER 4, 2022 MEETING MINUTES
Recommendation:
Approve October 4, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed SEPTEMBER 2022 CHECK REGISTER
Recommendation:
Receive and file.
Approved 6. LEASE AGREEMENT BETWEEN FULLERTON SCHOOL
DISTRICT AND THE CITY OF FULLERTON FOR PARKING
PURPOSES
Recommendation:
Authorize City Manager to enter into a lease agreement with the Fullerton School District.
Approved PROFESSIONAL SERVICES AGREEMENT WITH HDL
COREN & CONE FOR PROPERTY TAX MANAGEMENT AND
ANALYSIS
Recommendation:
Approve Professional Services Agreement with HdL
Coren & Cone for a seven-year term, with three one-year extension options.
Authorize City Manager, or designee, to execute and
administer the agreement, including extension options, in a form approved by the City Attorney.
Approved 9. PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH
LANCE, SOLL & LUNGHARD FOR AUDITING SERVICES
Recommendation:
Authorize City Manager, or designee, to execute and administer •ullerton City Council | Successor Agency Minute:
October 18. 2022 - Page (
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)
Direction provided 10. FUTURE OF FULLERTON FIRE AND EMERGENCY MEDICAL
SERVICES
The following addressed City Council:
• Bernard Oh, Fullerton, spoke in support of Fire Department stability.
• Nicholas Villegas, Fullerton, spoke in support of the OCFA option.
• Tanya McCrory spoke in support of streamlining Fire
Department operations.
• Pam Keller spoke in support of the OCFA option.
• ZJ Hahn, Fullerton, spoke about funding City services. • Eric Wehn, Fullerton, spoke in support of retaining control of the Fire Department.
• Joshua Ferguson, Fullerton, spoke about lack of city funds and budgeting.
• Tony Castro suggested options to generate additional funding for the Fire Department.
• Curtis Gamble spoke in support of the OCFA option.
• Shana Charles spoke in support of the OCFA option.
• Michael Longueay, Fullerton Fire Department, spoke about department staffing issues.
• Dan Lancaster, Fullerton Fire Department, spoke in support preserving services to the community.
• Michael Stokes, Fullerton Fire Department, spoke in support of the OCFA option.
• Peter Gray spoke in support of the OCFA option.
The following addressed City Council via Zoom:
• Diane Vena, Fullerton, spoke in support of the OCFA
proposal.
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Silva moved, seconded by Zahra, to direct the City Manager to enter into contract negotiations with OCFA to deliver fire and emergency medical services to the City of Fullerton.
Motion failed 2 - 3 (In favor: Silva, Zahra).
Jung moved, seconded by Zahra, to reject the Orange County Fire Authority proposal, affirm that Fullerton Fire Department will immediately 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 within 30 to 45 days.
Motion carried 4 - 1 (Opposed: Dunlap).
Approved 11. ONE-YEAR AGREEMENT WITH ILLUMINATION
FOUNDATION FOR HOMELESS SHELTER SERVICES
The following addressed City Council:
• ZJ Hahn, Fullerton, spoke about Council Member conduct. • Tony Castro spoke in opposition to this item.
• Curtis Gamble spoke in opposition to this item.
The following addressed City Council via Zoom:
• Tanya McCory asked about the fees charged by Illumination Foundation.
Zahra moved, seconded by Jung, to:
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 #C000143 to include a new
12-month agreement at the identified rate of $80.00 per day.
Motion carried 4 - 1 (Opposed: Whitaker).
ITEMS REMOVED FROM CONSENT CALENDAR (taken
out of agenda order)
Approved 2022-23 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT Whitaker moved, seconded by Dunlap to:
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.
Motion carried 5 - 0.
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Adopted 2022-23 ABC-OTS GRANT
The following addressed City Council:
• Joshua Ferguson, Fullerton, spoke about pulling
entertainment permits as part of enforcement.
Zahra moved, seconded by Dunlap, to:
1. Accept Department of Alcoholic Beverage Control grant award.
2. Adopt Resolution No. 2022-081.
RESOLUTION NO. 2022-081 - 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.
Motion carried 5 - 0.
Approved CONTRACT EXTENSION WITH FALCK MOBILE HEALTH
CORP FOR EMERGENCY AMBULANCE TRANSPORT
SERVICES
The following addressed City Council:
• ZJ Hahn spoke about scrutiny of automatic contract
extensions.
Dunlap moved, seconded by Whitaker, to:
1. Authorize City Manager, or designee, to execute and
administer Amendment Four to the agreement with Falck
Mobile Health Corp. for emergency ambulance transpor
services from July 1, 2022 through June 30, 2023.
2. Approve and authorize $80,000 budget amendment within the EMS Ambulance program (Subprogram 246).
Motion carried 4 - 1 (Opposed: Zahra).
8:25 p.m. ADJOURNMENT
Mayor Jung adjourned the meeting in memory of INRAC Committee Member Patrick McNelly at 8:25 p.m.
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