CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
SEPTEMBER 19, 2023 - 4:00 P.M.
Council Chamber
CALIFORNIE 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 (arrived 4:07 p.m.), Council / Agency
Members Dunlap (arrived 4:02 p.m.), 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 / Chair Jung recessed the meeting to order 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: Orange County Water District, et al. v. 3M Company, et al.
Case Number: OCSC 30-2020-01172419-CU-PL-CXC
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Orange County Catholic Worker, et al. v.
Orange County, et al.
Case Number: United States District Court, Central District of California: 8:18:cv-00155-DOC-JDE
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3. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Per Government Code Section 54956.9(d)(1)
Name of Case: Anna Mercantonio v. City of Fullerton
Case Number: OCSC 30-2022-01284566
CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957.6
Agency Representatives: Eddie Manfro, Jay Trinnaman
Employee Organizations: Police Officers'
Association - Dispatchers, Police
Officers' Association - Police
Satety
Under Discussion: Parameters of authority for
negotiating salaries, benefits and
working conditions
5. PUBLIC EMPLOYEE APPOINTMENT Per Government Code
Section 54957(b)(1)
Title: Chief of Police
5:10 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:10 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
cit Cert
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
SEPTEMBER 19, 2023 - 5:30 P.M.
Council Chamber
CALIFORNA
303 West Commonwealth Avenue
Fullerton, California
5:31 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:31 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, Fire Chief Adam,
Loeser, Police Captain Jonathan Radus
INVOCATION given by Pastor Dwayne Evans from Christian Life Center.
PLEDGE OF ALLEGIANCE led by Council Member Zahra.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
Mayor Jung reported he met with the Fullerton Police Officers Association.
Presented PRESENTATIONS
1. CERTIFICATE: Dr. James Young Arts Legacy Award
2. PROCLAMATION: Constitution Week
3. PROCLAMATION: Hispanic Heritage Month
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4. PROCLAMATION: Hunger Action Month
5. PROCLAMATION: World Alzheimer's Month
6. PRESENTATION: CalOptima Medi-Cal Renewal Efforts
and Redetermination
7. PRESENTATION: Orange County Power Authority
Residential Launch Anniversary
ITEMS REMOVED FROM CONSENT CALENDAR
ANNOUNCEMENT
City Council pulled Consent Calendar Items 12 and 15.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Michael Fiore spoke about fentanyl awareness.
• Michelle Cisneros introduced herself as a new staff member in Assembly Member Quirk Silva's Office.
• Bernard (no last name provided) spoke about bicycle
infrastructure and arts and education.
• Woudarek spoke about police records.
• Todd Harrison spoke about the political power of money. • James Frazier spoke about the Fullerton Police Department and Fullerton School District.
Samarie Frazier spoke about an incident at her school.
• Veronica Moran spoke about UP Park.
• Rosario (no last name provided) asked City Council to keep the UP Park grant.
• Juana Suastegui asked City Council to keep the UP Park grant.
Paula Robles asked City Council to keep the UP Park grant.
Carla (no last name provided) asked City Council to keep the UP Park grant.
• Carime Calixto, Fullerton, spoke about Mayor Jung.
Diane Garcia spoke in support of the UP Park Trail grant. • Anjali Tapadia spoke in support of the UP Park Trail
Saskia (no last name provided) asked City Council to continue discussion of the UP Park Trail.
Francisco Mata spoke about the passing of his wife.
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• Egleth Nuncci spoke in support of the UP Park Trail.
• Elle (no last name provided) spoke about public and traffic safety.
Diane Vena spoke in support of the UP Park Trail.
Amelia (no last name provided) asked for more signage in town and spoke about car shows and ebikes.
Kevin Keristen, Fullerton, spoke in support of the UP Park Trail. • Unidentified speaker spoke about homeless issues.
• Laurie Williams spoke about homeless issues.
• Curtis Gamble spoke about homeless issues.
The following addressed City Council remotely:
• ZJ (no last name provided) spoke about public notices, the Santa Fe Trail, public comments and auto malls.
Maureen Milton spoke about EV charging and handicap parking.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comments.
Council Member Charles spoke about Jewish holidays and reported on activities in District 3.
Council Member Dunlap spoke about exhibits at the Fullerton Museum and Tommy LaSorda Day.
Council Member Zahra spoke about Fullerton Museum activities and attendance at recent events.
Mayor Pro Tem Whitaker reported on the Orange County Water District, cloud seeding and Stanford Street.
APPOINTMENTS
Appointment made COMMISSION / COMMITTEE / BOARD APPOINTMENTS The Interview Panel recommended Susan Rhie to fill an
unscheduled vacancy on the Parks and Recreation Commission with term ending December 31, 2025.
Dunlap moved, seconded by Whitaker, to ratify appointment.
Motion carried 4 - 1 (No: Charles).
CONSENT CALENDAR (Items 1 - 16)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Fullerton City Council | Successor Agency Minutes
September 19, 2023 - Page 5
Items 1 through 11 and 13, 14 and 16.
Motion carried 5 - 0 (Whitaker voting no on Item 4).
Approved 1. AUGUST 15, 2023 MEETING MINUTES AND SEPTEMBER 5, 2023 SPECIAL MEETING MINUTES
Recommendation:
Meting Auges and Septem Cer 5, 2023 if Sunes Agency
Agency Meeting Special Minutes.
Received and filed MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed 3. AUGUST 2023 CHECK REGISTER
Recommendation:
Receive and file.
Adopted 4. CITY OF FULLERTON COMMUNITY FACILITIES DISTRICT 3 (THE PINES AT SUNRISE VILLAGE) TAX
LEVY - SECOND READING OF ORDINANCE
Recommendation:
Adopt Ordinance No. 3324.
ORDINANCE NO. 3324 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, _CALIFORNIA,
LEVYING SPECIAL TAXES WITHIN THE CITY OF FULLERTON
COMMUNITY FACILITIES DISTRICT NO. 3 (THE PINES AT
SUNRISE VILLAGE)
Approved 2024 GROUP INSURANCE PLAN RENEWAL AND PROPOSED
AMENDMENT TO BURNHAM BENEFITS INSURANCE
SERVICES AGREEMENT
Recommendation:
1. Receive and file 2024 Group Insurance Plan Renewal.
2. Approve and authorize City Manager, or designee, to execute and administer Amendment No. Two to the Burnham Benetits Insurance Services Agreement as well as take any actions necessary to implement and administer the agreements.
Approved 6. FISCAL YEAR 2022 ASSISTANCE TO FIREFIGHTERS GRANT Recommendation:
1. Ratify Federal Emergency Management Agency, Assistance to Firefighters Grant application.
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2. Accept $138,488.95 grant award and appropriate receipt and use in the Grant Fund (Fund 32).
3. Authorize City Manager, or designee, to execute and
administer all documents related to the grant.
Approved 7. FISCAL YEAR 2022 URBAN AREAS SECURITY INITIATIVE
GRANT AGREEMENT
Recommendation:
1. Accept Fiscal Year 2022 Urban Areas Search Initiative grant the grant gehneze Chief of Police to execute and administer
2. Aund siate receipt and use of grant award in Grant Fund Approved 8. 2023-24 OFFICE OF TRAFFIC SAFETY GRANT AGREEMENT Recommendation:
1. Authorize the Chief of Police to accept and execute $285,000 2023-24 Office of Traffic Safety Selective Traffic Enforcement Program agreement.
2. Authorize appropriation of receipt and use of grant award in Grant Fund (Fund 32).
Approved 9. LEGAL SERVICES AGREEMENTS WITH LIEBERT CASSIDY WHITMORE, LAW OFFICES OF RICHARD T. FORT AND
WALL, MCCORMICK, BAROLDI & DUGAN
Recommendation:
Authorize City Manager to execute agreements with Liebert Cassidy Whitmore, Law Offices of Richard T. Fort and Wall MaCormick, Baroldi & Dugan, in a final form approved by the City Approved 10. PROFESSIONAL SERVICES AGREEMENT WITH LOCALITY MEDIA, INC AND GLASS BOX TECHNOLOGY, INC.
AMENDMENT NO. 7 FOR FIRE DEPARTMENT RECORDS
MANAGEMENT SOFTWARE
Recommendation:
1. Approve professional services agreement with Locality Media, Inc. for a three-year term with option to annually renew Agreement for an additional two years and authorize City Manager, or designee, to execute and administer agreement, options to renew and related documents, pending Risk
Management insurance requirements approval and in a form approved by the City Attorney.
2. Approve Amendment No. 7 to Professional Services
Agreement with Glass Box Technology, Inc. dated July 1, Fullerton City Council | Successor Agency Minutes
September 19, 2023 - Page 7
2022 for services to integrate software with the City of Fullerton network. infrastructure and Fire Department
applications.
3. Authorize Administrative Services Director, or designee, to issue $57,500 purchase order with Locality Media, Inc. (dba First Due) for records management services and software. . Authorize $98,640 budget appropriation for Fiscal Year 2023-24 from the General Fund (Fund 10) to the IT Fund
(Fund 68).
Approved 11. ON-CALL PROFESSIONAL ENGINEERING CONSULTANT
SERVICES
Recommendation:
1. Authorize City Manager, or designee, to execute the following Professional Services Agreements and future amendments, including extension options, in a form approved by the City Attorney:
Civil Engineering Design
• Cannon
• DMS Consultants, Inc.
• Harris & Associates
• IDS Group
• Stantec
• Tait & Associates, Inc.
• TKE Engineering, Inc.
Water Engineering Design
• Ardurra Group
• Cannon
• JIG Consultants
• Psomas
• Stantec
• Tetra Tech
• XV Solutions
Geotechnical Engineering and Material Testing
• GMU Geotechnical, Inc
• Smith Emery Laboratories
• S2 Engineering, Inc.
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• Twining, Inc.
Survey and Mapping
• Hunsaker & Associates
• KDM Meridian
• Joseph C. Truxaw & Associates, Inc.
• Towill, Inc.
• Stantec
Private Development Plan Check
• Ardurra Group
• Bureau Veritas North America, Inc.
• Cannon
• HR Green Pacific, Inc.
• NV5
Staff Augmentation
• Annealta Group
• Ardurra Group, Inc.
• Bucknam Infrastructure Group, Inc.
• Cannon
• HR Green Pacific, Inc.
• MARRS Services, Inc.
• Project Partners
• SA Associates
2. Authorize Director of Administrative Services, or designee, to issue individual project purchase orders to the firms in an amount not to exceed $200,000, on an as-needed basis.
3. Authorize Director of Administrative Services, or designee, to issue annual purchase orders to the firms under Geotechnical Engineering and Material Testing, Survey and Mapping and Plan Check and Private Development Plan Check in an
amount not to exceed $300,000 to support various Capita Improvement Program and review of private developmen
Adopted 13. EARLY MORNING PARKING EXEMPTION FOR BOTH SIDES
OF WHITING AVENUE BETWEEN FORD AVENUE AND
HIGHLAND AVENUE
Recommendation:
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Adopt Resolution No. 2023-067.
RESOLUTION NO. 2023-067 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
RESCINDING THE EARLY MORNING PARKING RESTRICTION
ON BOTH SIDES OF WHITING AVENUE BETWEEN FORD
AVENUE AND HIGHLAND AVENUE
Approved 14. BROOKDALE PLACE STREET IMPROVEMENTS
Recommendation:
1. Approve plans and specifications for Project 44064 Brookdale Place Street Improvement Project.
2. Approve the following appropriations in Project 44064 Brookdale Place Street Improvement Project:
• $390,395 Community Development Block Grant Funds
budget transfer (Fund 35) from Project 44589 Residential Street Program to Project 44064 Brookdale Place Street
Improvement (Fund 74).
• $50,000 American Rescue Plan Act Revenue
Replacement Funds budget transfer (Fund 74) from
Project 44589 Residential Street Program to Project 44064 Brookdale Place Street Improvement (Fund 74).
3. Award $377,909 construction contract for the Brookdale Place Street Improvement Project to Towo Enterprise Inc. and
authorize City Manager, or designee, to execute and
administer the contract, in a form approved by the City
4. Authorize Public Works Director, or designee, to approve any future change orders for construction and protessional
engineering construction support services within the approved Approved 16. FISCAL YEAR 2022-23 CURB AND GUTTER AND SIDEWALK
PROJECT
Recommendation:
Reject all construction bids and issue a new invitation to bid.
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 17 - 21)
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Received and filed 17. URBAN FOREST PRUNING MANAGEMENT
The following addressed City Council via Zoom:
• Jane Reifer made requests regarding trees in the City. • Zeejay (no last name provided) spoke about watering trees and Jacaranda trimming.
Received and filed by order of the Mayor.
Approved 18. SENIOR ADVISORY COMMISSION STRUCTURE AND PLAN Zahra moved, seconded by Jung to direct staff to create a seven-member Senior Advisory Commission comprised of five members appointed by City Council, one Fullerton Senior Club representative and one at-large member 60 years old or older.
Motion carried 5 - 0.
Adopted 19. NEW EXECUTIVE EMPLOYEE CLASSIFICATIONS
Jung moved, seconded by Dunlap, to adopt Resolution No. 2023-068.
RESOLUTION NO. 2023-068 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
RELATING TO COMPENSATION FOR EXECUTIVE
EMPLOYEES AND SUPERSEDING RESOLUTION NO.
2023-065
Motion carried 5 - 0.
Adopted 20. CLASSIFICATION PLAN UPDATE TO THE POSITION OF
ASSISTANT DIRECTOR OF PUBLIC WORKS -
MAINTENANCE (item taken out of agenda order)
Jung moved, seconded by Charles, to adopt Resolution No. 2023-069.
RESOLUTION NO. 2023-069 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ADOPTING A CERTAIN CLASS SPECIFICATION IN THE
PERSONNEL CLASSIFICATION PLAN
Motion carried 5 - 0.
Adopted 21. INTERIM CHIEF OF POLICE EMPLOYMENT AGREEMENT The following addressed City Council:
• Egleth Nuncci spoke in support of this item.
• Curtis Gamble spoke in support of this item
The following addressed City Council via Zoom:
• Zeejay (no last name provided) spoke about Police Chief salary increases.
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Dunlap moved, seconded by Zahra, to adopt Resolution No. 2023-070.
RESOLUTION NO. 2023-070 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
APPROVING AN AGREEMENT RETAINING JONATHAN
RADUS AS INTERIM CHIEF OF POLICE
Motion carried 5 - 0.
ITEMS REMOVED FROM CONSENT CALENDAR
Approved 12. INFORMATION TECHNOLOGY SERVER REPLACEMENT
Zahra moved, seconded by Dunlap, to:
1. Approve $1,890,433 interfund loan from the General Fund (Fund 10) to Information Technology Fund (Fund 68) and
authorize City Manager to determine repayment terms.
2. Approve $1,890,433 interfund loan transfer and budget appropriation from the General Fund (Fund 10) to Information Technology Fund (Fund 68).
3. Approve Amendment No. 8 to Professional Services
Agreement with Glass Box Technology, Inc. dated July 1, 2022 for services to deploy the replacement servers.
4. Authorize Administrative Services Director, or designee, to issue $117,618 and $838,193 purchase orders with Glass Box Technology, Inc. for server replacement hardware and related software and licenses.
5. Authorize Administrative Services Director, or designee, to issue $741,022 purchase order with Dell, Inc. for Microsoft software licenses.
Motion carried 5 - 0.
Approved 15. RUNWAY 06 PRECISION APPROACH PATH INDICATOR
PROJECT
Dunlap moved, seconded by Zahra, to:
1. Approve plans and specifications for Runway 06 Precision Approach Path Indicator Project.
2. Approve the following budget transfers and appropriations in Project 49015 Runway 06 Precision Approach Path Indicator Project in the Airport Fund (Fund 40):
• Federal Aviation Administration Airport Improvement
Program Grant award to CIP Fund (Fund 74). The
preliminary grant authorization totals $925,598 with
additional monies available based on final eligible project costs.
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• Caltrans Division of Aeronautics Grant award to CIP Fund (Fund 74). The preliminary grant authorization totals 540280 min $46,280 with additional monies available based on final eligible project costs.
• $34,000 budget transfer and appropriation from Airport Enterprise Fund Balance (Fund 40).
3. Reject Guy Construction bid due to non-responsiveness.
4. Award $899,899 construction contract to Vellutini Corporation dba Royal Electric Company for Project 49015 Runway 06
Precision Approach Path Indicator Project and authorize City Manager, or designee, to execute the contract, in a form approved by the City Attorney.
5. Authorize Administrative Services Director, or designee, to enter $42,153 purchase order with C & S Companies, Inc. for rofessional engineering construction support services for the Runway 6 Precision Approach Path Indicator Project
6. 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.
Motion carried 5 - 0.
8:54 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 8:54 p.m.
Fred Jung
Mayor
Lucinda Williams,
gry tight.
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