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City Council - Successor Agency - Housing Authority
June 4, 2024

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June 4, 2024
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CITY OF FULLERTON

CITY COUNCIL / SUCCESSOR AGENCY

CLOSED SESSION MINUTES
JUNE 4, 2024 - 4:00 P.M.

Council Chamber
CALIFORNIR 303 West Commonwealth Avenue
Fullerton, California
4:32 p.m. CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 4:32 p.m.

ROLL CALL

Present: Mayor / Chair Dunlap, Council / Agency Members Charles (arrived 4:34 p.m.), Whitaker, Zahra

Absent: Mayor Pro Tem / Vice Chair Jung
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 Dunlap recessed to Closed Session at 4:33 p.m.

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d) (4)
Initiation of Litigation: One Case (Amerige Heights HOA / access)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 340 West Commonwealth Avenue,
Fullerton, CA 92832
Agency Negotiator: City Manager Eric J. Levitt, Deputy City Manager Daisy Perez
Negotiating Parties: Boys and Girls Club
Under Negotiations: Price and Terms
Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 1
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 2701 Nutwood Avenue, Fullerton, CA
92831
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: These of cal matin the
University, Marriott
Under Negotiations: Price and Terms
5:26 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:26 p.m.

Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 2

CITY OF FULLERTON

CITY COUNCIL / SUCCESSOR AGENCY

REGULAR SESSION MINUTES
JUNE 4, 2024 - 5:30 P.M.

Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
5:30 p.m. CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:30 p.m.

ROLL CALL

Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung (arrived 5:58 p.m.), Council / Agency Members
Charles, Whitaker, Zahra

Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.

Jones, City Clerk Lucinda Williams, Deputy City
Manager Daisy Perez, Police Chief Jon Radus, Fire
Chief Adam Loeser
INVOCATION given by Deacon Tony Mercado, St. Mary's Church.

PLEDGE OF ALLEGIANCE led by Council Member Zahra.

CLOSED SESSION REPORT
None.

EX PARTE COMMUNICATIONS REPORT
None.

Presented PRESENTATIONS

1. PROCLAMATION: Moustaches for Kids

2. CERTIFICATE: Fullerton School District Speech and
Debate Nationals Participants
ullerton City Council | Successor Agency Minute
une 4, 2024 - Page

ITEMS REMOVED FROM CONSENT CALENDAR

ANNOUNCEMENT
None.

PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Jeff Otter spoke about the waste hauler contract.
• Marilyn Harrison thanked the City for participation in a recent Memorial Day event.

Todd Harrison spoke about Rancho La Paz.
• Todd Huffman spoke about Day of Music.
• Eric (no last name provided) spoke about District 5 parking ticket issues.
• Sean (no last name provided) spoke about a recent police incident.
• Skyye (no last name provided) spoke about a recent police incident.
• Joshua Ferguson opposed Consent Calendar Item No. 4.
• Maria Grijada requested financial aid for her family. • Karen Lloreda opposed Consent Calendar Item No. 4.
• Curtis Gamble spoke about homeless issues.
• Unidentified speaker spoke about metal health.

The following addressed City Council remotely:

Maureen Milton spoke about City Hall on the Go.

CITY COUNCIL / SUCCESSOR AGENCY | STAFF

COMMUNICATIONS AND REPORTS
City Manager Levitt responded to issues arising during public comment.

Council Member Zahra spoke about senior transportation, mental health and public safety, reported on recent events and announced upcoming events.

Council Member Charles spoke about mental health and criminal justice, extended condolences to Taylor Hawkins family, reported on recent events and announced upcoming events.

Mayor Dunlap reported on recent events and spoke about local sports team championships.

Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 4

APPOINTMENTS
None.

CONSENT CALENDAR (Items 1 - 8) (taken out of agenda
order)
Approved MAY 21, 2024 MEETING MINUTES
Proposed Motion:

Approve May 21, 2024 City Council / Successor Agency Meeting Minutes.

Adopted 2. NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
Proposed Motion:

Adopt the following resolutions:

RESOLUTION NO. 2024-028 — A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,

CALLING FOR HOLDING A GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY STATE OF

CALIFORNIA LAWS RELATING TO GENERAL LAW CITIES
RESOLUTION NO. 2024-029 - 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 5, 2024 WITH THE STATEWIDE

GENERAL ELECTION HELD ON THE DATE PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403
RESOLUTION NO. 2024-030 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS FOR THE TUESDAY,
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
Adopted LEMON WHITING PARKING LOT TITLE TRANSFER AND

LAND CONVEYANCE TO CITY OF FULLERTON FROM

DISSOLVED PARKING AUTHORITY
Proposed Motion:

1. Adopt Resolution No. 2024-031.

RESOLUTION NO. 2024-031 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF FULLERTON

CALIFORNIA, ACCEPTING OF REAL PROPERTY TITLE

OWNERSHIP OF PROPERTY LOCATED AT ASSESSOR
PARCEL NUMBER 033-013-24 FROM THE DISSOLVED
Fullerton City Council | Successor Agency Minutes
June 4. 2024 - Page 5

FULLERTON PARKING AUTHORITY

2. Execute Certificate of Acceptance and Quit Claim Deed to transfer certain real property at 230 East Chapman Avenue, APN No. 033-013-24, from the former Fullerton Parking
Authority to the City of Fullerton.

Approved 4. FOX BLOCK PROJECT UNDERGROUND UTILITY WAIVER

REQUEST
Proposed Motion:

Approve the underground utility requirement waiver request in accordance with Fullerton Municipal Code Section 16.05.060.

Approved PROFESSIONAL SERVICES AGREEMENT WITH ALL CITY
MANAGEMENT SERVICES, INC. FOR CROSSING GUARD

SERVICES
Proposed Motion:

1. Authorize City Manager, or designee, to enter and
administer a Professional Services Agreement with All City Management Services, Inc. for one year for crossing guard services, in a form approved by the City Attorney.

Authorize City Manager, or designee, to execute and
administer related documents, in a form approved by the City Attorney.

Approved PURCHASE AND SALE AGREEMENT WITH SOUTHERN

CALIFORNIA EDISON FOR STREET LIGHT CONVERSION
PROJECT 2024
Proposed Motion:

1. Approve purchase and conversion of the 606 - 548 West Orangethorpe circuit to transfer approximately 94 LS-2 street lights to Southern California Edison (SCE) to replace the system with new LS-1 street lights owned and operated by SCE.

2. Authorize City Manager or designee to execute the
Purchase and Sale Agreement.

Approved CONTRACT WITH HARDY & HARPER, INC. FOR LAS

PALMAS AREA STREET REHABILITATION PROJECT
Proposed Motion:

1. Approve plans and specifications for Project 44069 Las Palmas Area Street Rehabilitation Project.

2. Approve the following budget transfers and appropriations in CIP Project 44069 Las Palmas Area Street Rehabilitation Project:

Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 6
$2,407,000 Measure M2 Funds (Fund 74) from CIP
Project 44589 CIP Project Annual Residential Street
Program to 44069 Las Palmas Area Street
Rehabilitation Project (Fund 74).
$205,000 Sewer Enterprise (Fund 47) from CIP Project
51419 Annual Sewer Replacement Program to 44069
Las Palmas Area Street Rehabilitation Project (Fund
47).
$384,000 Drainage Outlay (Fund 36) from CIP Project
52591 Annual Miscellaneous Storm Drain Repair to
44069 Las Palmas Area Street Rehabilitation Project
(Fund 74).

3. Award $2,585,000 construction contract to Hardy & Harper for Project 44069 Las Palmas Area Street Rehabilitation Project Inc. and authorize City Manager, or designee, to execute and administer 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.

Approved CONTRACT WITH ALL AMERICAN ASPHALT FOR HERMOSA

AREA STREET REHABILITATION PROJECT
Proposed Motion:

1. Approve plans and specifications for the Hermosa Area Street Rehabilitation Project.

Approve the following budget transfers and appropriations in CIP Project 44075 Hermosa Area Street Rehabilitation:
• $1,250,000 American Rescue Plan Act Revenue
Replacement Funds (Fund 74) from CIP Project 44589
Residential Street Program to CIP Project 44075
Hermosa Area Street Rehabilitation within the Capital
Projects Fund (Fund 74)
$1,250,000 Infrastructure Funds (Fund 74) from CIP
Project 44589 Residential Street Program to CIP
Project 44075 Hermosa Area Street Rehabilitation
within the Capital Projects Fund (Fund 74)
• $320,000 Gas Tax Funds (Fund 74) from CIP Project
44589 Residential Street Program to CIP Project 44075
Hermosa Area Street Rehabilitation within the Capital
Projects Fund (Fund 74)
• $457,000 Sewer Enterprise Fund (Fund 47) from CIP
Project 51419 Annual Sewer Replacement Program to
Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 7
CIP Project 44075 Hermosa Area Street Rehabilitation
within the Sewer Enterprise Fund (Fund 47).

Award $2,878,222 construction contract to All American
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.

PUBLIC HEARINGS (Items 9 - 10)
Adopted 9. FISCAL YEAR 2024-25 ANNUAL OPERATING BUDGET,

SCHEDULE OF FEES AND CHARGES AND ANNUAL

APPROPRIATIONS LIMIT
Mayor Dunlap opened the public hearing at 6:53 p.m.

The following addressed City Council:
• Karen Lloreda spoke about budget concerns and suggested revenue enhancement options.

Mayor Dunlap closed the public hearing at 6:55 p.m.

Zahra moved, seconded by Jung, to adopt the following
resolutions:

RESOLUTION NO. 2024-032 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,

APPROVING AND ADOPTING THE CITY OF FULLERTON
OPERATING BUDGET FOR FISCAL YEAR 2024-25 AND

APPROPRIATING FUNDS NECESSARY TO MEET THE

EXPENDITURES SET FORTH THEREIN
RESOLUTION NO. 2024-033 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,

ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2024-25 PURSUANT TO CALIFORNIA STATE

CONSTITUTION ARTICLE XIII B
RESOLUTION NO. 2024-034 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,

ADOPTING THE CITY OF FULLERTON MASTER SCHEDULE
OF FEES AND CHARGES FOR FISCAL YEAR 2024-25
Motion carried 4 - 1 (Opposed: Whitaker).

Introduced 10. ELECTRIC VEHICLE CHARGING AND HYDROGEN FUELING

STATION PERMIT PROCESS
Fullerton City Council | Successor Agency Minutes
June 4. 2024 - Page 8
Mayor Jung left the meeting at 8:09 p.m.

Mayor Dunlap opened the public hearing at 8:12 p.m.

The following addressed City Council:
• Curtis Gamble supported this item.

Mayor Dunlap closed the public hearing at 8:14 p.m.

Zahra moved, seconded by Dunlap, to introduce Ordinance No. 3332 for first reading by title only and waive further reading of the ordinance.

ORDINANCE NO. 3332 - AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
ADDING FULLERTON MUNICIPAL CODE CHAPTER 14.30
TITLED "PERMIT PROCESS FOR ELECTRIC VEHICLE

CHARGING STATIONS AND HYDROGEN FUELING
STATIONS"
Motion carried 3 - 1 - 1 (No: Whitaker, Absent: Jung).

City Clerk Williams read the ordinance title.

REGULAR BUSINESS (Items 11 - 12)
Approved 11. FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT

AGREEMENT WITH FOX HARBOR LLC FOR THE FOX

BLOCK DEVELOPMENT PROJECT
The following addressed City Council:
• Karen Lloreda asked the City to move this project forward.

Tom Carpenter, applicant, provided project history
The following addressed City Council via Zoom:
• Matt Leslie asked questions about the parking structure.

Zahra moved, seconded by Dunlap, to approve the First
Amendment to Disposition and Development Agreement between Fox Harbor LLC and the City of Fullerton.

Motion carried 4 - 0 - 1 (Absent: Jung).

Received and filed 12. BUDGET ENHANCEMENT OPPORTUNITIES (taken out of agenda order
The following addressed City Council:

Karen Lloreda did not support the proposed options.
• Joshua Ferguson opposed tax measures.

Anjali Tapadia opposed billboards and spoke about sales tax measures.

Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 9
• Curtis Gamble supported this item.
• Bryan (no last name provided) spoke about the impact of revenue generating.

The following addressed City Council via Zoom:

Maureen Milton spoke about hotel revenues.
• Unidentified speaker proposed several revenue
enhancement options.
• Kayla Asato spoke about repealing Proposition 13.

Council Member Zahra requested, supported by Council Member Charles, a City Council discussion regarding a sales tax ballot measure by July 2, 2024.

Received and filed by order of the Mayor.

ITEMS REMOVED FROM CONSENT CALENDAR
None.
8:32 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 8:32 p.m. in memory of Craig Hostert.

Lucinda Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
June 4, 2024 - Page 10

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