CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
February 7, 2023 – 4:00 P.M.
Council Chamber
303 West Commonwealth Avenue
Fullerton, California
4:01 p.m.
CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:01 p.m.
All present
ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap (arrived 5:14 p.m.), Charles (arrived 5:09 p.m.), Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams PUBLIC COMMENTS ‑ Closed Session
None.
4:04 p.m.
RECESS TO CLOSED SESSION
Mayor / Chair Jung recessed to Closed Session at 4:04 p.m.
CLOSED SESSION
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 Trustees of the California State University, Marriot Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Air Combat USA v. City of Fullerton
Case Number: OCSC Case No. 30-2017-00952643
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Therese Bagwell v. City of Fullerton
Case Number: OCSC Case No. 30-2020-01175934
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Destiny Forcone v. City of Fullerton
Case Number: OCSC Case No. 30-2022-1254741
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Jacob Poozhikala; JP 23 Hospitality Co. Inc. v. City of Fullerton, et al.
Case Number: OCSC Case No. 30-2021-01234852
CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Setsuko (Sutsuko) Mori v. City of Fullerton Case Number: OCSC Case No. 30-2021-01230299
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 LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) Name of Case: Estate of Noah Weatherly v. City of Fullerton Case Number: OCSC Case No. 30-2018-01037224
5:12 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:12 p.m.
__________________________
Fred Jung
Mayor
__________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
February 7, 2023 – 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, Charles, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D. Jones, City Clerk Lucinda Williams INVOCATION given by Father David Otto.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
Presented
PRESENTATIONS
PRESENTATION: Outgoing Board / Commission / Committee Member Recognition CERTIFICATE: Student Speakers of America
PROCLAMATION: National Law Enforcement Appreciation Day CERTIFICATE: Bears Junior All‑American Football and Cheer PUBLIC COMMENTS ‑ Regular Session
The following addressed City Council:
Supervisor Doug Chaffee recognized the Fullerton Police Department participation in a countywide gun buyback program.
Dee Fox spoke about the Orange County Power Authority.
Bernard Oh spoke about Council Member conduct.
Gil Nelsen, Irvine, spoke about Orange County Power Authority rates.
Harvey Liss, Irvine, encouraged the City to opt out of the Orange County Power Authority.
Woudarek spoke about commission appointments.
Todd Harrison, Fullerton, spoke about the paramedic subscription program.
Yolanda Harrison, Fullerton, spoke about crosswalks on Harbor Boulevard.
Mike Vargas spoke about interactions with the Police Department.
Jane Rands, Fullerton, spoke about the Active Transportation Committee.
Curtis Gamble spoke about homeless issues.
Curt Johnston spoke about safety improvements.
The following addressed City Council via Zoom:
Maureen Milton spoke about traffic and street crossings at the Costco on Harbor Boulevard.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS AND REPORTS City Manager Levitt responded to issues arising during public comments.
Council Member Charles spoke about Black History Month, a meeting about small business at Cal State Fullerton, office hours and water rates.
Council Member Dunlap spoke about the Orange County Power Authority, LoveFullerton and the 40-year anniversary of the release of the first Social Distortion album.
Zahra spoke about Black History Month a meeting about small business at Cal State Fullerton, the winter shelter, the Orange County Power Authority and the recent earthquake in Syria and Turkey.
Mayor Pro Tem Whitaker congratulated the Bears Junior All American Football and Cheer Teams.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 10)
Dunlap moved, seconded by Zahra, to approve all Consent Calendar items.
Motion carried 5 – 0.
Approved
JANUARY 17, 2023 MEETING MINUTES
Recommendation:
Approve January 17, 2023 City Council / Successor Agency Meeting Minutes.
Adopted
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD REMOTE LEGISLATIVE BODY MEETINGS Recommendation:
Adopt Resolution No. 2023‑010.
RESOLUTION NO. 2023‑010 ‑ 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
FREEWAY‑ORIENTED ELECTRONIC BILLBOARD AT 1604 SOUTH HARBOR BOULEVARD DEVELOPMENT AGREEMENT ‑ SECOND READING OF ORDINANCE Recommendation:
Adopt Ordinance No. 3320.
ORDINANCE NO. 3320 ‑ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A FREEWAY‑ORIENTED ELECTRONIC BILLBOARD TO PROVIDE THE PROJECT APPLICANT AND THE CITY OF FULLERTON CERTAIN ASSURANCES WITH RESPECT TO PROJECT APPROVALS AND OBLIGATIONS Receive and file.
TREASURER’S REPORT FOR QUARTER ENDED DECEMBER 31, 2022
Recommendation:
Receive and file.
Approved
CITY INVESTMENT POLICY UPDATES AND PORTFOLIO DURATION REDISTRIBUTION Recommendation:
Approve 2023 updates to the Investment Policy.
Ratify redistribution of the City investment portfolio to a 50 / 50 distribution between the one‑to‑three-year duration portfolio and the one‑to‑five year duration portfolio.
Adopted
CLASSIFICATION PLAN UPDATE RELATING TO FIRE DEPARTMENT POSITIONS Recommendation:
Adopt Resolution No. 2023‑011.
RESOLUTION NO. 2023‑011 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING CERTAIN CLASS SPECIFICATIONS IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NO. 2022‑033 (FULLERTON FIREFIGHTERS' ASSOCIATION) APPENDIX A Adopted
CALTRANS MATCHING FUNDS GRANT
Recommendation:
Adopt Resolution No. 2023‑012.
RESOLUTION NO. 2023‑012 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING APPLICATION SUBMITTAL, ACCEPT ALLOCATION OF FUNDS AND EXECUTE A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT IMPROVEMENT PROGRAM (AIP) MATCHING FUNDS GRANT Authorize City Manager, or designee, to administer and execute grant acceptance and related documents.
Authorize receipt and appropriation of awarded grant funds to the Airport Enterprise Fund (Fund 40) Runway 6 Precision Approach Path Indicator Project (Project No. 49015).
Adopted
2022‑2025 TOBACCO GRANT
Recommendation:
Accept Department of Justice grant award.
Adopt Resolution No. 2023‑013.
RESOLUTION NO. 2023‑013 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT GRANT FUNDS FROM THE DEPARTMENT OF JUSTICE Authorize Chief of Police to sign $702,271 Memorandum of Understanding (MOU) with the Department of Justice for the 2022‑25 Tobacco Grant.
Appropriate receipt and use of awarded grant funds in Grants Fund 32.
Approved
REQUEST TO CHANGE ENTERPRISE RESOURCE PLANNING CONSULTANT Recommendation:
Authorize City Manager, or designee, to terminate the Professional Services Agreement with KOA Hills Consulting Services, LLC.
Approve Professional Services Agreement with GlassBox Technologies, Inc. Amendment Number Three to provide project management and consulting support related to Tyler Munis application implementation and authorize City Manager, or designee, to execute and administer the agreement, in a form approved by the City Attorney.
Authorize Director of Administrative Services to issue change orders within project budget (Project No. 6381 ‑ Tyler ERP Project).
Approved
HOLLYDALE AREA WATER MAIN REPLACEMENT PROJECT DESIGN SERVICES CHANGE ORDER AWARD Recommendation:
Approve $81,900 budget transfer and appropriation from Project 53250 Water Main System Replacement to Project 53031 Hollydale Area Water Main Replacement (Fund 44).
Authorize Public Works Director to execute a $37,040 change order to Purchase Order C000266 with JIG Consultants for Professional Engineering Design Services for Hollydale Area Water Main Replacement Project.
Authorize Public Works Director, or designee, to approve any future change orders for professional design and construction support services within the approved project budget.
PUBLIC HEARINGS – None
REGULAR BUSINESS (Items 11 ‑ 15)
Adopted
TENTATIVE AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIREFIGHTERS’ ASSOCIATION The following addressed City Council:
Bernard Oh spoke in support of this item.
Joshua Ferguson asked how the City would fund this item.
Zahra moved, seconded by Charles, to adopt Resolution No. 2023‑014.
RESOLUTION NO 2023‑014 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIREFIGHTERS' ASSOCIATION DATED JANUARY 7, 2023 AND SUPERSEDING RESOLUTION NO. 2022‑033 IN ITS ENTIRETY Motion carried 3 – 2 (Opposed: Dunlap, Whitaker).
Adopted
PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION AND CLASSIFICATION PLAN UPDATE RELATING TO BATTALION CHIEF The following addressed City Council:
Woudarek (no last name given) supported joining the Orange County Fire Authority.
Zahra moved, seconded by Charles, to adopt the following resolutions:
RESOLUTION NO. 2023‑015 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION DATED JANUARY 31, 2023 RESOLUTION NO. 2023‑016 ‑ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NOS. 2022‑029 (FULLERTON FIRE MANAGEMENT ASSOCIATION) APPENDIX A AND 2022‑031 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A FOR A UNIT MODIFICATION MOVING EMERGENCY MEDICAL SERVICES MANAGER FROM THE FULLERTON MANAGEMENT ASSOCIATION TO THE FULLERTON FIRE MANAGEMENT ASSOCIATION Motion carried 5 – 0.
Received and filed
TRAFFIC SAFETY INITIATIVES UPDATE
The following addressed City Council:
Anjali Tapadia requested more road safety for bicyclists and pedestrians.
Jane Rands spoke about active transportation safety issues.
Curt Johnston spoke in support of this item.
The following addressed City Council via Zoom:
Jane Reifer spoke about the Active Transportation Committee and the General Plan.
Maureen Milton spoke about new crosswalk technology.
Debbie Stout, Fullerton Collaborative, supported safe development of active transportation.
Received and filed by order of the Mayor.
Received and filed
SECOND QUARTER FINANCIAL REPORT AND MID‑YEAR BUDGET AMENDMENTS FOR FISCAL YEAR 2022‑23 The following addressed City Council:
Bernard Oh, Fullerton, spoke about restoring previous cuts to staffing.
Woudarek (no last name provided) asked about library funding.
Jung moved, seconded by Whitaker, to:
Receive and file Second Quarter Financial Report for FY 2022‑23.
Approve FY 2022‑23 Mid‑Year Budget Amendments and authorize City Manager, or designee, to make amendments to the FY 2022‑23 Adopted Budget.
Authorize and approve addition of 1.0 Full‑Time Equivalent (FTE) grant‑funded Lieutenant position to Police Department Position Summary.
Motion carried 5 – 0.
Received and filed
2023 SAFE AND SANE FIREWORKS SALES
Dunlap moved, seconded by Charles, to:
Receive and file 2022 Safe and Sane Fireworks Sales Annual Report.
Confirm timeline for 2023 fireworks sales application process.
Motion carried 5 – 0.
8:28 p.m.
ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:28 p.m.
__________________________
Fred Jung
Mayor
__________________________
Lucinda Williams, MMC
City Clerk