CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JULY 18, 2023 – 4:00 P.M.
Council Chamber
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
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
2. 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
3. CONFERENCE WITH LEGAL COUNSEL ‑ EXISTING LITIGATION Per Government Code Section 54956.9(d)(1) 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)
4. 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
5. 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
6. 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 Police Officers’ Association ‑ Police Safety, Fullerton Police Officers’ Association ‑ Dispatchers, Fullerton Police 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.
_____________________________
Fred Jung
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JULY 18, 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.
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
1. CERTIFICATE: May 15, 2023 Life Saving Incident Recognition
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.
CONSENT CALENDAR (Items 1 ‑ 13)
Approved
1. JUNE 20, 2023 MEETING MINUTES
Recommendation:
Approve June 20, 2023 City Council / Successor Agency Meeting Minutes.
Received and filed
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Adopted
3. 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
4. JUNE 2023 CHECK REGISTER
Recommendation:
Receive and file.
Approved
5. 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
6. LAND AND WATER CONSERVATION FUND GRANT FOR UNION PACIFIC PARK IMPROVEMENTS Recommendation:
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 Authorize City Manager, or designee, to execute all grant‑related documents.
Approved
7. 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
8. 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 CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO ACCEPT CALIFORNIA HIGHWAY PATROL GRANT FUNDS 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
9. MALVERN AVENUE / CHAPMAN AVENUE CORRIDOR PROJECT REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION 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 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 appropriate to Project 44698 Residential Slurry Seal ‑ Burning Tree Road Project (Fund 74).
3. Approve $80,000 budget transfer of American Rescue Plan Act Revenue Replacement Funds (Fund 74) from Project 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.
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 Improvement Project to Oppenheimer National and authorize City Manager, 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:
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 CLINICIAN PILOT PROGRAM (taken out of agenda 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:
1. 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).
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 Clerk