303 West Commonwealth Avenue, Fullerton, California
FULLERTON CITY COUNCIL
SUCCESSOR AGENCY
AGENDA - NOVEMBER 15, 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
NOVEMBER 15, 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 REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
1. Property: Approximately 0.49 acres and portion of adjacent parcel, located at the northeast corner of Ellis Place and Harbor Boulevard (APNs 029-032-21 and 029-033-24), Approximately 0.64 acres, located at the northwest corner of Chapman Avenue and Pomona Avenue (APNs 029-033-03, 029-033-04, 029-033-05, and 029-033-06) Agency Negotiator: City Manager Eric J. Levitt, Interim Director of Community and Economic Development Sunayana Thomas
Negotiating Parties: NFRED LLC, Frontier Parking Ventures LLC Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
2. Property: 120 East Santa Fe Avenue, Fullerton, CA 92832 (APN 033-030- 18)
Agency Negotiator: City Manager Eric J. Levitt, Interim Director of Community and Economic Development Sunayana Thomas, Elizabeth Hull, Best, Best & Krieger
Negotiating Parties: Westpark Investments, LLC and TA Partners
Under Negotiations: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per Government Code Section 54956.8
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Fullerton City Council | Successor Agency Agenda
Property: Approximately 48,170 square feet public parking area located south of Ellis Place (APNs 029-033-09, 029-033-10, 029-033-27 and 029-033-28)
Agency Negotiator: City Manager Eric Levitt, Interim Director of Community and Economic Development, Sunayana Thomas
Negotiating Parties: NFRED LLC, Frontier Parking Ventures LLC Under Negotiations: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR Per Government Code Section 54957.6
4. Agency Representatives: Eddie Manfro, Jay Trinnaman, Adam Loeser, Ellis Chang
Employee Organizations: Fullerton Firefighters’ Association, Fullerton Fire Management Association
Under Discussion: Parameters of authority for negotiating salaries, benefits and working conditions
RECESS CLOSED SESSION AND RECONVENE STUDY SESSION
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Fullerton City Council | Successor Agency Agenda
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
STUDY SESSION AGENDA
NOVEMBER 15, 2022 - 4:30 P.M.
Council Chamber - 303 West Commonwealth Avenue, Fullerton, CA PUBLIC COMMENT - Study Session
City Council / Successor Agency will hear public comments on matters appearing on the Study Session agenda.
STUDY SESSION
SENATE BILL 1383 (SHORT-LIVED CLIMATE POLLUTANT REDUCTION LAW )
STUDY SESSION
1. The City has contracted HF&H Consultants, LLC (HF&H) to navigate the complexities of Senate Bill 1383 (SB 1383) and provide environmentally responsible economic, financial, strategic planning and management consulting services. HF&H will lead a study session on the implementation SB 1383.
Recommendation:
Provide direction to staff on the implementation of SB 1383.
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
NOVEMBER 15, 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 - None
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 - 10)
City Council / Successor Agency will enact routine matters listed on the Consent Calendar with one motion. The Council / Agency will not discuss these items unless Council / Agency Members request discussion or removal of specific Consent Calendar items for separate action.
NOVEMBER 1, 2022 MEETING MINUTES1.
Recommendation:
Approve November 1, 2022 City Council / Successor Agency Meeting Minutes.
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT2.
Recommendation:
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Fullerton City Council | Successor Agency Agenda
Receive and file.
OCTOBER 2022 CHECK REGISTER3.
Recommendation:
Receive and file.
FIRST QUARTER FISCAL YEAR 2022-23 FINANCIAL REPORT4.
Recommendation:
Receive and file the First Quarter Financial Report for FY 2022-23.
ADDITIONAL CONTRIBUTION TO ENHANCED CASH PORTFOLIO5.
Recommendation:
Receive and file.
CITY OF FULLERTON CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND UPDATE
6. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, MODIFYING THE CITY OF FULLERTON CONFLICT OF
INTEREST CODE INCLUDING DESIGNATED POSITIONS AS REQUIRED BY THE
POLITICAL REFORM ACT AND REGULATIONS OF THE FAIR POLITICAL PRACTICES
COMMISSION
MASTER SERVICES AGREEMENT WITH KONICA MINOLTA BUSINESS
SOLUTIONS FOR CITY COPIER FLEET
7. Recommendation:
1. Approve Master Services Agreement with Konica Minolta Business Solutions U .S.A., Inc. for a five -year term with two optional five -year extensions and authorize City Manager, or designee, to execute and administer the agreement and related documents, in a form approved by the City Attorney.
2. Authorize City Manager, or designee, to administer and execute all documents related to the City ’s MFD -Copier Fleet transition to the Master Services Agreement with Konica Minolta Business Solutions U .S.A, Inc. including, but not limited, to termination of existing lease agreements with other vendors and /or authorize transition related costs within the Information Technology budget (Fund 68).
3. Authorize City Manager, or designee, to make any future changes (e.g., swap copier models), additions and /or deletions to the City ’s MFD -Copier Fleet master inventory list, depending on need and specifications of MFD, desktop printer, scanners and other related devices needed, provided any changes remain within the Information Technology budget (Fund 68).
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR 8.
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Fullerton City Council | Successor Agency Agenda
PUBLIC PARKING AREA LOCATED SOUTH OF ELLIS PLACE
Recommendation:
1. Adopt the following resolutions:
As City Council:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE FORM OF AN
AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS FOR
PROPERTY TO USE AS A PUBLIC PARKING AREA / PARKING STRUCTURE, LOCATED ON APPROXIMATELY 48,170 SQUARE FEET OF LAND SOUTH OF ELLIS PLACE (APNS 029-033-09, 029-033-10, 029-033-27 AND 029-033-28) As Successor Agency:
RESOLUTION NO. SA-2022-XX - A RESOLUTION OF THE SUCCESSOR AGENCY
OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE FORM OF AN
AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS FOR
PROPERTY TO USE AS A PUBLIC PARKING AREA / PARKING STRUCTURE, LOCATED ON APPROXIMATELY 48,170 SQUARE FEET OF LAND SOUTH OF ELLIS PLACE (APNS 029-033-09, 029-033-10, 029-033-27 AND 029-033-28)
2. Authorize City Manager to execute the Agreement, only if and subject to a condition of regulatory approval for a building permit to construct a parking structure as a public parking area on the Property.
3. Authorize City Manager, or authorized designee, to execute any additional implementing agreements or documents, including recorded instruments, to perform the City’s obligations under the Agreement and applicable conditions of approval.
RESOLUTION OF INTENTION TO ABANDON A PORTION OF ELLIS PLACE9.
Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - DECLARING INTENTION TO ABANDON AND VACATE
PORTION OF ELLIS PLACE EAST OF AND ABUTTING HARBOR BOULEVARD TO
ALLOW AN OUTDOOR DINING, GATHERING AND ENTERTAINMENT AREA IN CONJUNCTION WITH TWO NEW DEVELOPMENTS LOCATED AT 550 NORTH HARBOR BOULEVARD AND 115 ELLIS PLACE
RESOLUTION OF PUBLIC INTEREST AND CONVENIENCE DECLARING CITY ’S INTENT TO SELL REAL PROPERTY AT 212 EAST SANTA FE AVENUE FOR
CONSTRUCTION OF A MULTI-USE DEVELOPMENT
10. Recommendation:
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND
CONVENIENCE REQUIRE SALE OF PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF EAST SANTA FE AVENUE AND SOUTH POMONA AVENUE, November 15, 2022 - Page 7
Fullerton City Council | Successor Agency Agenda
IDENTIFIED AS APN 033-030-18 AND COMMONLY KNOWN AS 212 EAST SANTA FE
AVENUE AND DECLARING ITS INTENT TO SELL SUCH PROPERTY, DECLARING
THE PROPERTY EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54234(a)
PUBLIC HEARINGS - None
REGULAR BUSINESS (Items 11 - 12)
CALIFORNIA BUILDING STANDARDS CODE AND CALIFORNIA FIRE CODE 2022
TRIENNIAL EDITION
11. To adopt by reference, the 2022 Triennial Edition of the California Building Codes and California Fire Codes with amendments, based on the 2021 International Codes, and including certain secondary codes incorporated by reference, except deleted or amended portions.
1. Introduce the following ordinances for first reading by title only and waive further reading of the ordinances.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 14 TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE WITH LOCAL AMENDMENTS, INCLUDING APPENDICES I, J, P; THE 2022 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE WITH LOCAL AMENDMENTS, INCLUDING APPENDICES AH, AX, AZ; THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE; THE 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE AND THE 2022 EDITION OF THE CALIFORNIA GREEN
BUILDING STANDARDS CODE
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 13, CHAPTER 13.20 TO ADOPT THE 2022 EDITION OF THE CALIFORNIA FIRE
CODE WITH LOCAL AMENDMENTS
2. Adopt the following resolutions.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, AND THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE AS CODIFIED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 24, CALIFORNIA BUILDING STANDARDS CODE, PARTS 2 AND 2.5 DUE TO LOCAL
CLIMATIC, TOPOLOGICAL AND GEOGRAPHIC CONDITIONS
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AS CODIFIED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 24, November 15, 2022 - Page 8
Fullerton City Council | Successor Agency Agenda
CALIFORNIA BUILDING STANDARDS CODE PARTS 9 DUE TO LOCAL CLIMATIC,
TOPOLOGICAL AND GEOGRAPHIC CONDITIONS
FOX BLOCK COMMERCIAL AND RETAIL PROJECT DISPOSITION AND
DEVELOPMENT AGREEMENT
12. Fox Harbor LLC, affiliate of NFRED LLC, has contracted to purchase approximately 0.33 acres improved with “Angelo’s and Vinci ’s Ristorante” building located at 550 Harbor Boulevard. The building is adjacent to several other parcels owned by the City proposed for development pursuant a Disposition and Development Agreement.
Recommendation:
1. Adopt the following resolutions:
As City Council:
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FULLERTON, CALIFORNIA, APPROVING THE FORM OF A DISPOSITION
AND DEVELOPMENT AGREEMENT (FOX BLOCK COMMERCIAL AND RETAIL PROJECT) FOR APPROXIMATELY 0.49 ACRES AND PORTION OF ADJACENT
PARCELS LOCATED AT THE NORTHEAST CORNER OF ELLIS PLACE AND HARBOR BOULEVARD (APNS 029-032-21, 029-033-24, 029-033-38) AND APPROXIMATELY 0.64 ACRES LOCATED AT THE NORTHWEST CORNER OF CHAPMAN AVENUE AND POMONA AVENUE (APNS 029-033-03, 029-033-04, 029-033-05, 029-033-06)
As Successor Agency:
RESOLUTION NO. SA 2022-XX - A RESOLUTION OF THE SUCCESSOR AGENCY
OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE FORM OF A
DISPOSITION AND DEVELOPMENT AGREEMENT (FOX BLOCK COMMERCIAL AND RETAIL PROJECT) FOR APPROXIMATELY 0.49 ACRES AND PORTION OF
ADJACENT PARCELS LOCATED AT THE NORTHEAST CORNER OF ELLIS PLACE AND HARBOR BOULEVARD (APNS 029-032-21, 029-033-24, 029-033-38) AND APPROXIMATELY 0.64 ACRES LOCATED AT THE NORTHWEST CORNER OF CHAPMAN AVENUE AND POMONA AVENUE (APNS 029-033-03, 029-033-04, 029-033-05, 029-033-06)
2. Authorize City Manager to execute the Disposition and Development Agreement.
3. Authorize City Manager, or authorized designee, to execute any additional agreements or documents, including recorded instruments, to perform City obligations under the DDA and other applicable permits and entitlements.
ITEMS REMOVED FROM CONSENT CALENDAR
AGENDA FORECAST (Tentative)
Tuesday, December 6, 2022
• 2022 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM MOU
• SECOND READING CODE ADOPTION ORDINANCES
• MINIMUM WAGE
• GOODMAN LOGISTICS CENTER WATER WELL EASEMENT AND AGREEMENT November 15, 2022 - Page 9
Fullerton City Council | Successor Agency Agenda
• TEMPORARY EQUIPMENT PROCUREMENT AND PURCHASING
• TELECONFERENCED MEETING DECLARATION
• WILSHIRE RESTAURANT APPEAL
• MAPLE NEIGHBORHOOD CENTER OPERATIONS
• REORGANIZATION (IF ELECTION CERTIFIED)
Tuesday, December 20, 2022
• COMMITTEE REPORT
• NOVEMBER 2022 CHECK REGISTER
• REORGANIZATION (IF NOT COMPLETED AT DECEMBER 6 MEETING)
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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