CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
OCTOBER 18, 2022 – 4:00 P.M.
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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ‑ Per Government Code Section 54956.8 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
3. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Californians for Homeowenership v. City of Fullerton Case Number: OCSC Case No. 30‑2022‑01281840
4. 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 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
5. 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 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
5:15 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:15 p.m.
_____________________________
Fred Jung
Mayor
_______________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
OCTOber 18, 2022 – 5:30 P.M.
Council Chamber
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.
PRESENTATIONS
Presented
1. 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 / 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
1. 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.
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
1. OCTOBER 4, 2022 MEETING MINUTES
Recommendation:
Approve October 4, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
3. 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
8. PROFESSIONAL SERVICES AGREEMENT WITH HDL COREN & CONE FOR PROPERTY TAX MANAGEMENT AND ANALYSIS 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.
Approved
9. PROFESSIONAL SERVICES AGREEMENT EXTENSION WITH LANCE, SOLL & LUNGHARD FOR AUDITING SERVICES 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)
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.
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
4. 2022‑23 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT
Whitaker moved, seconded by Dunlap to:
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.
Motion carried 5 – 0.
Adopted
5. 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
7. 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 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).
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.