CITY OF FULLERTON
FULLE
O CITY COUNCIL / SUCCESSOR AGENCY
RT CLOSED SESSION MINUTES
CITY
JULY 18, 2023 - 4:00 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
4:00 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:00 p.m.
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
PUBLIC COMMENTS - Closed Session
None.
RECESS TO CLOSED SESSION
Mayor Jung recessed to Closed Session at 4:02 p.m.
CLOSED SESSION
1. 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 30-2020-01175934
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Langenbacher, et al. v. City of Fullerton, et al.
Case Number: OCSC 30-2022-01296035
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
ullerton City Council | Successor Agency Minute:
uly 18, 2023 - Page
Name of Case: Air Combat USA, Inc. v. City of Fullerton Case Number: OCSC 30-2017-00952643, Court of Appeal
Case Number G059914 (G06034, G060585)
CONFERENCE WITH LEGAL COUNSEL • EXISTING
LITIGATION Per Government Code Section 54956.9(d) (1)
Name of Case: Californians for Homeownership v. City of Fullerton
Case Number: OCSC 30-2022-01281840
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 136 East Santa Fe Avenue, Fullerton,
CA 92832
Agency Negotiator: City Manager Eric J. Levitt, Deputy
City Manager Daisy Perez,
Community and Economic
Development Director Sunayana
Thomas
Negotiating Parties: Bushala Brothers, Inc.
Under Negotiations: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957.6
Agency Representatives: Eddie Manfro and Jay Trinnaman
Employee Organizations: Fullerton Municipal Employees
Federation, Fullerton
Management Association,
Confidential / Non-Represented,
Executive, Fullerton
Officers' Association - Police
Safety, Fullerton Police Officers'
Aullertation Police i Association Dispatchers,
Management
Association
Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
5:12 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:12 p.m.
ullerton City Council | Successor Agency Minute
uly 18,2023 - Page
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
July 18, 2023 - Page 3
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JULY 18, 2023 - 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.
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, Police Chief
Dunn, Fire Chief Loeser
INVOCATION given by Council Member Rabbi Mati Kirschenbaum Temple Beth Tikvah.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
City Attorney Jones reported City Council settled the case of Therese Bagwell v. City of Fullerton for $180,000.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
Presented CERTIFICATE: May 15, 2023 Life Saving Incident Recognition
Fullerton Gily Gour t8. 02-Pagr Agency Minutes
ITEMS REMOVED FROM CONSENT CALENDAR
ANNOUNCEMENT
No items pulled.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Craig Sheets spoke about anatomy and the FBI.
• Bernard (no last name provided) spoke about Council Member conduct.
• Maureen Milton spoke about public safety.
• Todd Harrison spoke about Rancho La Paz.
• Woudarek (no last name provided) spoke about police
interactions.
• Anjali Tapadia discussed a petition for a lane change on Associated Road.
• Curtis Gamble spoke about homeless issues.
The following addressed City Council remotely:
• Susan Petrella, District 5, spoke about tree trimming. • Zeejay (no last name provided) spoke about committee
appointments, police officers and sidewalks.
• Kayla Asato spoke about the unhoused.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comments.
Council Member Zahra reported on the Fullerton Museum.
Council Member Charles spoke about high temperatures, the Orange County Power Authority and community meetings.
Council Member Dunlap reported on committee appointments and congratulated Golden Hill Little League.
Mayor Pro Tem Whitaker reported on a SARPA tour of the Prado Dam.
Mayor Jung spoke about federal earmarks for City projects.
APPOINTMENTS
None.
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July 18. 2023 - Page 5
CONSENT CALENDAR (Items 1 - 13)
Approved JUNE 20, 2023 MEETING MINUTES
Recommendation:
Approve June 20, 2023 City Council / Successor Agency
Meeting Minutes.
Received and filed MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Adopted GRANT DEED FOR PURCHASE OF REAL PROPERTY
LOCATED AT 3535 WEST COMMONWEALTH AVENUE
Recommendation:
Adopt Resolution No. 2023-048.
RESOLUTION NO. 2023-048 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ACCEPTING A GRANT DEED FOR PURCHASE OF REAL
PROPERTY LOCATED AT 3535 COMMONWEALTH AVENUE
Received and filed JUNE 2023 CHECK REGISTER
Recommendation:
Receive and file.
Approved THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2022-23
Recommendation:
1. Receive and file Third Quarter Financial Report for Fiscal Year (FY) 2022-23.
2. Approve $1,743,289 budget appropriation from General Fund (Fund 10) fund balance to Police Department budget (Fund 10) to effectuate formal ratification of police safety groups' Memorandum of Agreements approved in FY
2022-23.
3. Authorize City Manager, or designee, to effectuate future budget adjustments, as necessary, to ensure budgetary and accounting compliance in preparation for the FY 2022-23 audited financial statements.
Adopted LAND AND WATER CONSERVATION FUND GRANT FOR
UNION PACIFIC PARK IMPROVEMENTS
Recommendation:
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July 18. 2023 - Page 6
1. Adopt Resolution No. 2023-049.
RESOLUTION NO. 2023-049 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO SUBMIT AN APPLICATION FOR GRANT
FUNDS FROM THE LAND AND WATER CONSERVATION
FUND FOR DESIGN AND CONSTRUCTION OF UNION
PACIFIC PARK AND, IF AWARDED, AUTHORIZING
ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE
CITY AND AMMENDING THE BUDGET ACCORDINGLY
2. Authorize City Manager, or designee, to execute all
grant-related documents.
Approved FALCK MOBILE HEALTH CORP. AGREEMENT
AMENDMENT FOR EMERGENCY AMBULANCE SERVICES
Recommendation:
Authorize City Manager, or designee, to execute and administer Amendment Five to the agreement with Falck Mobile Health Corp. for emergency ambulance transport services from July 1, 2023 through October 31, 2023.
Adopted CALIFORNIA HIGHWAY PATROL FISCAL YEAR 2023-24
CANNABIS TAX FUND GRANT PROGRAM
Recommendation:
1. Adopt Resolution No. 2023-050.
RESOLUTION NO. 2023-050 - A RESOLUTION OF THE
ЗАКОРМА НОМИ РАТОЙ СКИЙ
FUNDS
2. Authorize receipt and use of $430,846 California Highway Patrol Cannabis Tax Fund Grant Program allocation to
Police Department budget within the Grant Fund (Fund 32).
Approved MALVERN AVENUE | CHAPMAN AVENUE CORRIDOR
PROJECT REGIONAL TRAFFIC SIGNAL
SYNCHONIZATION PROGRAM RESTATED AND
AMENDED COOPERATIVE AGREEMENT
Recommendation:
Authorize Public Works Director, or designee, to enter into the proposed restated and amended cooperative agreement for the Malvern Avenue / Chapman Avenue Project Regional Traffic Signal Synchronization Program.
Approved 10. COMPRESSED NATURAL GAS STATION COMPRESSOR
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EQUIPMENT REPLACEMENT PROJECT
Recommendation:
1. Approve plans and specifications for Compressed Natural Gas Station Compressor Equipment Replacement Project.
2. Approve $360,000 budget transfer and appropriation from Air Quality Improvement Fund (Fund 22) to Capital
Improvement Program Project 56022 Compressed Natural
Gas Station Compressor Equipment Replacement Project
(Fund 74).
3. Award $550,549 construction contract for Compressed
Natural Gas Station Compressor Equipment Replacement
Project to Fastech and authorize City Manager, or
designee, to execute the contract in a form approved by the City Attorney.
4. 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 11. RESIDENTIAL SLURRY SEAL - BURNING TREE ROAD
PROJECT
Recommendation:
1. Approve plans and specifications for Residential Slurry Seal - Burning Tree Road Project.
2. Accept $43,000 donation from Westbluff HOA and
ppropriate to Project 44698 Residential Slurry Seal •
Burning Tree Road Project (Fund 74)
3. Approve $80,000 budget transfer of American Rescue Plar Act Revenue Replacement Funds (Fund 74) from Projec
44589 Residential Street Program to Project 44698
Residential Slurry Seal - Burning Tree Road Project (Fund 74).
4. Award $101,094.90 construction contract for Residential Slurry Seal - Burning Tree Road Project to Petrochem
Materials Innovation, LLC and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
5. 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.
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Approved 12. ACACIA PARK IMPROVEMENTS PROJECT CONTRACT
AWARD
Recommendation:
1. Approve plans and specifications for Acacia Park
Improvements Project.
2. Approve $115,000 budget transfer and appropriation from Park Dwelling Fund (Fund 39) fund balance to Project
54039 Acacia Park Improvement Project (Fund 74).
3. Award $257,920.20 construction contract for Acacia Park National and
amphorize City Parnager, or designee, to execute contract, in a form approved by the City Attorney.
4. 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 13. ADDITIONAL FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM STREET REHABILITATION
PROJECT ON BASQUE AVENUE
Recommendation:
Approve including Basque Avenue from Valencia Drive to Hunt Library site as a Fiscal Year 2023-24 Capital Improvement Program street rehabilitation project.
PUBLIC HEARINGS (Items 14 - 15)
Appeal denied 14. APPEAL OF PLANNING COMMISSION APPROVAL OF MINOR SITE PLAN AT 245 NORTH STATE COLLEGE
BOULEVARD
Mayor Jung opened the public hearing at 6:59 p.m.
The following addressed City Council:
• The appellant spoke in support of the appeal.
• The applicant spoke in opposition to the appeal.
• Gus Mulvoon, Fullerton, expressed concerns with parking for this project.
• Elizabeth Hansburg spoke in support of this project.
• Maureen Milton expressed concerns with a single entrance and exit and accommodations for the mobily-challenged.
• Curtis Gamble spoke in support of this project.
The following addressed City Council remotely:
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• Jane Reifer spoke about the site plan, historic structures, landscaping, safety issues and deed restrictions.
• Anjali Tapadilla spoke in support of this item.
• Zeejay (no last name provided) asked if the City has
sufficient water supply for this project.
Mayor Jung closed the public hearing at 7:33 p.m.
Jung moved, seconded by Zahra, to adopt Resolution No.
2023-051.
RESOLUTION NO. 2023-051 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
DENYING AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION APPROVAL OF MINOR SITE PLAN
ZON-2021-0041 TO REDEVELOP A 0.71 ACRE SITE WITH 25
RESIDENTIAL TOWNHOMES, INCLUDING 15 PERCENT
DEED-RESTRICTED UNITS FOR VERY LOW-INCOME
HOUSEHOLDS, ON PROPERTY ZONED R-G, GARDEN-TYPE
MULTI-FAMILY RESIDENTIAL LOCATED AT 245 NORTH
STATE COLLEGE BOULEVARD
Motion carried 4 - 1 (Opposed: Whitaker).
Continued 15. POINTE COMMON AFFORDABLE HOUSING AND LAND
DISPOSITION
Jung moved, seconded by Zahra, to continue Public Hearing to the August 1, 2023 City Council meeting at 5:30 p.m. in the Fullerton City Council Chambers.
Motion carried 5 - 0.
REGULAR BUSINESS (Items 16 - 18)
Approved 16. POLICE DEPARTMENT BEHAVIORAL HEALTH CLINICIA/ PILOT PROGRAM (taken out of acenda order
The following addressed City Council:
• Woudarek (no last name provided) spoke in opposition to this item.
• Maureen Milton asked if this would include training for working with autistic people.
• Curtis Gamble spoke about serving the homeless community.
The following addressed City Council remotely:
• Zeejay (no last name provided) spoke in support of this item. • Kayla Asato asked questions about program funding.
Jung moved, seconded by Whitaker, to:
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Appropriate receipt and use of $1,000,000 to the Police Department in the Grant Fund (Fund 32).
2. Authorize Administrative Services Director, or designee, to issue a $111,985 purchase order with National Auto Fleet Group for vehicles and upfitting and authorize change
orders necessary within program budget.
3. Approve addition of two full-time equivalent Police
Behavioral Health Clinicians to Fiscal Year 2023-24 Police Department Personnel Summary.
4. Authorize City Manager to sign agreement with the County of Orange for the pilot Police Behavioral Health Clinician Program.
Motion carried 5 - 0.
Adopted 17. TENTATIVE AGREEMENTS BETWEEN THE CITY OF
FULLERTON AND THE FULLERTON MUNICIPAL
EMPLOYEES FEDERATION AND BETWEEN THE CITY OF
FULLERTON AND THE FULLERTON MANAGEMENT
ASSOCIATION
The following addressed City Council:
• David Grantham, FMA President, spoke in support of this item.
Jung moved, seconded by Zahra, to adopt the following
resolutions:
RESOLUTION NO. 2023-052 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE FULLERTON MUNICIPAL
EMPLOYEES FEDERATION
RESOLUTION NO. 2023-053 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE FULLERTON MANAGEMENT
ASSOCIATION
Motion carried 3 - 2 (Opposed: Dunlap, Whitaker).
Appointed 18. CAL CITIES ANNUAL CONFERENCE DELEGATES AND ALTERNATES (taken out of agenda order)
Council Member Charles nominated Council Member Zahra to serve as the City Delegate at the Cal Cities 2023 Annual Conference.
Nomination approved 3 - 2 (Opposed: Dunlap, Jung).
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July 18, 2023 - Page 11
ITEMS REMOVED FROM CONSENT CALENDAR
None.
7:54 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 7:54 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City iork
Fullerton City Council | Successor Agency Minutes
luly 18. 2023 - Page 1°