303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - JUNE 7, 2022
MEETINGS: The Fullerton City Council / Successor Agency meets on the first and third Tuesday of the month, convening for Closed Session at 5:00 p.m. and Regular Session at 6:30 p.m.
PUBLIC COMMENT: The public may comment on Closed Session items at the beginning of the Closed Session meeting .
The public may comment on matters not appearing on the agenda and Consent Calendar items during Public Comments at the Regular Session meeting. Prior to public comments, the public may request the removal of consent items for further discussion. Those wishing to speak on a regular business or a public hearing item on this agenda may do so when the Mayor calls that specific item for consideration.
Each speaker addressing non -agenda and consent calendar items shall have three minutes to make their remarks. City Council will allow no more than a total of 30 minutes at the beginning of the Regular Session for non -agenda comments .
Those speaking on regular business items and public hearing items shall have no more than three minutes per item to address City Council. No person shall speak more than one time to the same item. The Mayor may request that a spokesperson represent a group wishing to address City Council. The Mayor or majority of the Council may grant an extension of time for a speaker. No speaker may yield their time to another speaker.
PERSONS ADDRESSING CITY COUNCIL: Please complete a speaker form and submit the form to the Assistant City Clerk in the lobby prior to approaching the podium. State your name and city of residence for the record at the beginning of your remarks. All speakers shall observe civility, decorum and good behavior. Any item submitted to the City Council during the meeting shall become public record and subject to applicable disclosure laws.
AGENDA ITEMS: This agenda contains a brief summary of each item the Council / Agency will consider. The City Clerk ’s Office posts the agenda packet online no later than 72 hours prior to the meeting at www .cityoffullerton.com. The City Clerk’s Office and Library have copies of the packet available for public review.
In accordance with CA Government Code Section 54957.5, the public may inspect any writings or documents relating to an open session agenda item distributed less than 72 hours prior to a regular meeting at the City Clerk ’s Office located at 303 West Commonwealth Avenue, Fullerton, California and the Fullerton Main Branch Library Information Counter located at 353 West Commonwealth Avenue, Fullerton, California during normal business hours. The City will post such writings and documents received in sufficient time on the City’s website at www.cityoffullerton.com.
State regulations prohibit City Council from taking action on non -agenda items except as provided by law. Visit www.cityoffullerton.com or call (714) 738-6350 for more information.
ADA REQUIREMENTS: The City has equipment and services available to assist disabled persons with communications at the public meeting in compliance with the requirements of Title II of the Americans with Disabilities Act (ADA). Should you require special accommodations to participate in a meeting, please contact the City Clerk at [email protected] or (714) 738-6350 at least 48 hours prior to the meeting to make arrangements.
REMINDER: Please silence all electronic devices while City Council is in session.
The City will rebroadcast this City Council / Successor Agency meeting on Spectrum Cable Channel 3. The public can find cable channel rebroadcast times as well as view the meeting video on-demand at www.cityoffullerton.com.
Refer to Resolution No. 2020-04 to review the complete Rules of Procedure and Decorum for City Council meetings.
Fred Jung
Mayor (District 1)
Jesus Silva
Council Member (District 3)
Bruce Whitaker
Mayor Pro Tem (District 4)
Ahmad Zahra
Council Member (District 5)
Nick Dunlap
Council Member (District 2)
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION AGENDA
JUNE 7, 2022 - 4:00 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - Closed Session
City Council / Successor Agency will hear public comments on matters appearing on the Closed Session agenda.
RECESS to Closed Session
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(2)
1. Significant Exposure to Litigation: Three Cases
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
2. Agency Representative/s: Eddie Manfro and Jay Trinnaman Employee Organization/s: Fullerton Police Officers’ Association - Public Safety Unit and Dispatcher Unit, Fullerton Police Management
Association
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
ADJOURNMENT
Adjourn to the next regular City Council / Successor Agency meeting at 5:30 p.m. in Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING AGENDA
JUNE 7, 2022- 5:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
EX PARTE COMMUNICATIONS REPORT
PRESENTATIONS
PRESENTATION: Girl Scouts of OC Troop 71271.
PRESENTATION: Memorial Day Ceremony2.
PUBLIC COMMENTS - Regular Session
The City Council / Successor Agency will hear public comments on matters not appearing on the agenda but within City Council / Agency jurisdiction and Consent Calendar items at this time. Speakers will have three minutes to make their remarks. Those wishing to speak on a regular business or public hearing item on this agenda may do so when the Mayor / Chair calls that specific item for discussion. State regulations prohibit the City Council / Agency from acting on non-agenda items.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF COMMUNICATIONS
AND REPORTS
City Council may ask a question for clarification, make a brief announcement, make a brief report on their activities, request a report from staff at a subsequent meeting concerning any matter or direct staff to place a matter of business on a future agenda.
APPOINTMENTS - None
CONSENT CALENDAR (ITEMS 1 - 14)
City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not have separate discussion of these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
MAY 17, 2022 MEETING MINUTES1.
Recommendation:
Approve May 17, 2022 City Council / Successor Agency Meeting Minutes.
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SENATE BILL 9 TWO-UNIT AND URBAN LOT SPLIT RESIDENTIAL
DEVELOPMENT STANDARDS - SECOND READING OF ORDINANCE
2. Recommendation:
Adopt Ordinance No. 3313
ORDINANCE NO. 3313 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, APPROVING AN AMENDMENT TO FULLERTON MUNICIPAL CODE CHAPTERS 15 (ZONING) AND 16 (SUBDIVISIONS) TO CREATE
TWO RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9
AB 361 CONTINUING STATE OF EMERGENCY DETERMINATION TO HOLD
REMOTE LEGISLATIVE BODY MEETINGS
3. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - 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 ORANGE COUNTY TRANSPORTATION AUTHORITY MEASURE M2
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM FISCAL YEAR 2022-23
4. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE ENVIRONMENTAL
CLEANUP PROGRAM PROJECT
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION5.
Recommendation:
Adopt the following resolutions:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF
SUPERVISORS CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION HELD ON THE DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403
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RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TUESDAY, NOVEMBER 8, 2022
VARIOUS PROFESSIONAL SERVICE AGREEMENTS FOR SPECIALIZED
DEVELOPMENT SERVICES
6. Recommendation:
1. Approve Professional Services Agreements for On -Call Consultants: 4Leaf Inc ., Bureau Veritas North America, CSG Consultants Inc ., JAS Pacific, TRB+ Associates Inc., True North Compliance Services, VCA Code Group, West Coast Code Consultants Inc., Willdan Engineering and Annealta Group. a. Approve not -to-exceed $3,000,000 cumulative contractual services for contract years one through three across on -call consultants within annual budget appropriations for Building and Safety services category. b. Approve not -to-exceed $562,500 cumulative contractual services for contract years one through three across on -call consultants within annual budget appropriations for Code Enforcement service category.
c. Approve not -to-exceed $1,000,000 cumulative contractual services for contract years one through three across on -call consultants within annual budget appropriations for Fire Plan Check / Inspection Services service category. d. Approve not -to-exceed $862,500 cumulative contractual services for contract years one through three across on -call consultants within annual budget appropriations for Planning Services service category.
2. Authorize City Manager, or designee, to execute and administer agreements and amendments, in a form approved by City Attorney.
3. Grant City Manager authority to execute and administer two one -year extension options, in a form approved by City Attorney, within the following parameters:
a. In an annual amount not -to-exceed $2,000,000 for contract extension years four and five within annual budget appropriations for Building and Safety service category.
b. In an annual amount not -to-exceed $374,666 for contract extension years four and five within annual budget appropriations for Code Enforcement service category. c. In an annual amount not -to-exceed $666,666 for contract extension years four and five within annual budget appropriations for Fire Plan Check / Inspection Services service category.
d. In an annual amount not -to-exceed $574,666 for contract extension years four and five within annual budget appropriations for Planning Services service category.
4. Approve change order to Purchase Order No. C551130 to extend the period for services provided by CSG Consultants Inc. to June 7, 2022.
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AGREEMENT FOR 7.
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SHARED WATER PROGRAMS AND SERVICES
Recommendation:
1. Approve Agreement for shared water programs and services between the City of Fullerton and the Municipal Water District of Orange County for an initial term expiring June 30, 2027, with an optional extension for an additional five years, in a total not-to-exceed amount of $1,000,000 for the combined initial and extension term.
2. Authorize and direct Public Works Director, or designee, to execute Agreement and any related documents and to take any and all actions as necessary to implement and administer Agreement, on behalf of the City of Fullerton.
INSURANCE PROGRAM REPORT AND RECOMMENDATIONS8.
Recommendation:
1. Authorize City Manager, or designee, to bind excess workers’ compensation insurance with maximum limit set to statutory benefit maximums and $750,000 lower limit for non -safety employees and $1 million for safety employees with Safety National Insurance Company at a $189,690 premium cost.
2. Authorize City Manager, or designee, to bind excess liability insurance with $4 million to $8 million limit per occurrence with Princeton Excess & Surplus Lines Insurance Company and Gemini Insurance Company at a $3,118,150 premium cost.
3. Authorize City Manager, or designee, to bind underground storage tank liability with $1 million per storage tank incident limit with Ace Insurance Company at $7,080 premium cost.
4. Authorize City Manager, or designee, to bind CNG general liability with $3 million aggregate limit with Nautilus Insurance Company at $2,295 premium cost.
5. Authorize City Manager, or designee, to bind earth movement and flood insurance with Endurance American Specialty Insurance Company, Landmark American Insurance and Axis Surplus Insurance Company with a combined limits of $20 million for a combined premium of $705,709.62.
6. Receive and file the City’s insurance programs report.
TECHNOLOGY LEASE PROGRAM WITH DELL FINANCIAL SERVICES9.
Recommendation:
Approve agreement and related documents with Dell Financial Services and authorize City Manager, or designee, to execute and administer the agreement and related documents, in a form approved by City Attorney.
APPLICATION AND RECEIPT OF SB 2 PERMANENT LOCAL HOUSING
ALLOCATION FUNDS
10. Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2020-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, AUTHORIZING APPLICATION AND RECEIPT June 7, 2022 - Page 6
Fullerton City Council | Successor Agency Agenda
OF FUNDING FOR PROJECTS UTILIZING PERMANENT LOCAL HOUSING
ALLOCATION FUNDS
2. Authorize appropriation of SB 2 allocations.
REPLACEMENT SERVICE TRUCK PURCHASE11.
Recommendation:
Authorize Public Works Director, or designee, to issue $ 185,119.12 purchase order to PB Loader for a new Service Truck (Ford F-750).
REPLACEMENT ASPHALT PATCH TRUCK PURCHASE12.
Recommendation:
Authorize Public Works Director, or designee, to issue $ 204,959 purchase order to PB Loader Corporation for a new Asphalt Patch Truck (Ford F-750) .
RESIDENTIAL SLURRY SEAL AND MISCELLANEOUS REHABILITATION FY 2021-22
13. Recommendation:
1. Approve plans and specifications for Residential Slurry Seal and Miscellaneous Rehabilitation FY 2021-22 project.
2. Allocate $858,000 American Rescue Plan Act (ARPA) Funds (Fund 38) to Project 44696 Residential Slurry Seal and Miscellaneous Rehabilitation FY 2021-22 ( Fund 74).
3. Award $704,080 construction contract for Residential Slurry Seal and Miscellaneous Improvements FY 21-22 Project to All American Asphalt 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 approved project budget.
GLENWOOD-UNION-BROOKDALE AREA SEWER IMPROVEMENTS14.
Recommendation:
1. Approve plans and specifications for Glenwood -Union-Brookdale Area Sewer Improvements Project.
2. Transfer $400,000 of Sewer Enterprise Funds from Project 51419 Annual Sewer Replacement Program to Project 51028 Glenwood -Union-Brookdale Area Sewer Improvements Project (Fund 47).
3. Award $325,800 construction contract for Glenwood -Union-Brookdale Area Sewer Improvements Project to Dominguez General Engineering, Inc. 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.
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PUBLIC HEARINGS (ITEM 15)
Pursuant to California Government Code Section 65009, if you challenge a City Council / Successor Agency decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Fullerton at, or prior to, the public hearing.
ANNUAL OPERATING BUDGET, SCHEDULE OF FEES AND CHARGES AND ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23
15. A public hearing to consider adoption of the City of Fullerton ’s Annual Operating Budget for Fiscal Year (FY) 2022-23, including the General Fund, the Capital Improvement Program and all other City Funds; approval of the City ’s Schedule of Fees and Charges and Annual Appropriations Limit for FY 2022-23.
Recommendation:
Adopt the following resolutions:
RESOLUTION 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, APPROVING AND ADOPTING THE PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2022-23 AND APPROPRIATING THE
FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN RESOLUTION 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA STATE
CONSTITUTION
RESOLUTION 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, AMENDING OR ESTABLISHING NEW FEES AND CHARGES FOR MUNICIPAL SERVICES FOR FISCAL YEAR 2022-23 AND REPEALING RESOLUTION NO. 2021-36
REGULAR BUSINESS (ITEMS 16 - 19)
PUBLIC RIGHT -OF-WAY RESTORATION AT HARBOR AND COMMONWEALTH AND TERMINATION OF ENCROACHMENT AT 100 NORTH HARBOR
BOULEVARD
16. Consideration of restoring the public right -of-way sidewalk at Harbor and Commonwealth to public use which requires adoption of a resolution and directing staff to terminate the existing Site Lease and Encroachment Agreements and notify property owners of such termination.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, DECLARING THE NEED TO RETURN PUBLIC
RIGHT-OF-WAY AT THE NORTHEAST CORNER OF HARBOR BOULEVARD AND
COMMONWEALTH AVENUE TO PUBLIC USE
2. Find that the Site Lease and Encroachment Agreement is terminable and should be terminated based on default by abandonment and failure to pay required rent.
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3. Find that restoration of the full width of the public sidewalk adjacent to 100 North Harbor Boulevard is necessary and appropriate.
4. Direct staff to notify the 100 North Harbor Boulevard property owner to remove any and all encroachments into the public right -of-way within 60 days of such notice and to restore the right-of-way to its previous condition.
5. Approve allowing City Manager to authorize up to a 60-day extension, if circumstances merit an extension to remove all encroachments.
REGULATION AND PROHIBITION OF UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS
17. Introduction of an ordinance to establish regulations and prohibit the unlawful possession of catalytic converters in the City of Fullerton.
Recommendation:
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINNACE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS ), CHAPTER 161 (UNLAWFUL POSSESSION OF A
CATALYTIC CONVERTER PROHIBITED) ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
WATER SHORTAGE CONTINGENCY PLAN LEVEL 218.
In response to the Governor ’s Executive Order N -7-22 on March 28, 2022 and statewide drought conditions, staff requests City Council consider activating the City ’s Water Shortage Contingency Plan Level 2 including outdoor watering restrictions as recommended by Infrastructure and Natural Resources Advisory Committee.
Recommendation:
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING A LEVEL 2 WATER SUPPLY SHORTAGE TO THE FULLERTON MUNICIPAL CODE CHAPTER 12.06
PERTAINING TO WATER USE RESTRICTIONS
2. Authorize City Manager, or designee, to determine appropriate percentage of required water reduction, up to 20%, depending on drought severity and State Water Resources Control Board requirements.
MEASURE M2 FUNDING ELIGIBILITY RENEWAL19.
The City must comply with eligibility renewal requirements to continue receiving Orange County Transportation Authority Measure M 2 funds. This includes obtaining City Council approval for the seven -year Capital Improvement Program (CIP) and adoption of a resolution for the Pavement Management Plan (PMP) Update.
Recommendation:
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Fullerton City Council | Successor Agency Agenda
1. Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M 2 (M2)
PROGRAM
2. Approve and authorize staff to submit the Measure M 2 Seven -Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 to Orange County Transportation Authority (OCTA) to comply with Measure M2 eligibility criteria.
3. Authorize Public Works Director to make administrative changes, including those advised by OCTA, if necessary.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, June 21, 2022
• LIBRARY BOARD APPOINTMENT
• PERSONNEL MANAGEMENT SYSTEM CHANGES
• CONTINUING STATE OF EMERGENCY DETERMINATION
• COMMITTEE REPORT
• COMMITTEE RULES OF PROCEDURE
• DISH WIRELESS AGREEMENT
• OFFICE ON AGING III B FY2022 23 GRANT AWARD
• SECURITY SERVICES AGREEMENT WITH EES AMENDMENT
• SENIOR TRANSPORTATION CONTRACT TO CA YELLOW CAB
• WORKS FEE STUDY
• TELECOM ORDINANCE UPDATES
• WATER QUALITY REPORT ON PUBLIC HEALTH GOALS
• THE PINES
• SMALL WIRELESS COMMUNICATION FACILITIES WITHIN PUBLIC RIGHT OF WAY • STANDARD OUTDOOR DINING GUIDELINES AND LEASE RATE UPDATE • BOARD / COMMISSION / COMMITTEE BUSINESS CARDS
• CONFLICT OF INTEREST CODE UPDATE
• JOINT USE AGREEMENT WITH FULLERTON SCHOOL DISTRICT FOR FIELDS Tuesday, July 5, 2022
• No Items Scheduled
ADJOURNMENT
Adjourn to next regularly scheduled first session meeting at 4:00 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
Adjourn to next regularly scheduled second session meeting at 5:30 p.m. in the Council Chamber, 303 West Commonwealth Avenue, Fullerton, California.
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