CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JUNE 4, 2024 – 4:00 P.M.
Council Chamber
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
1. CONFERENCE WITH LEGAL COUNSEL ‑ ANTICIPATED LITIGATION Per Government Code Section 54956.9(d)(4) Initiation of Litigation: One Case (Amerige Heights HOA / access)
2. 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
3. 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: The State of California through the Trustees of the California State University, Marriott Under Negotiations: Price and Terms
5:26 p.m.
ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:26 p.m. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular SESSION MINUTES
JUNE 4, 2024 – 5:30 P.M.
Council Chamber
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
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.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 ‑ 8) (taken out of agenda order) Approved
1. 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
3. 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 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
5. 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.
2. Authorize City Manager, or designee, to execute and administer related documents, in a form approved by the City Attorney.
Approved
6. 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
7. 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:
· $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
8. 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.
2. 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 CIP Project 44075 Hermosa Area Street Rehabilitation within the Sewer Enterprise Fund (Fund 47).
3. Award $2,878,222 construction contract to All American Asphalt for Hermosa Area Street Rehabilitation Project 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 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 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.
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. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk