CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
NOVEMBER 15, 2022 - 4:00 P.M.
Council Chamber
CALIFORNI 303 West Commonwealth Avenue
Fullerton, California
4:03 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 4:03 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chai
Whitaker (arrived 4:13 p.m.), Council / Agency
Members Dunlap (arrived 4:10 p.m.), Silva (via
teleconference), Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
The following addressed City Council via Zoom:
• Jane Reifer spoke about the addresses, APNs and appraisals for the properties listed on the Closed Session agenda.
4:13 p.m. RECESS to Closed Session
Mayor Jung recessed to Closed Session at 4:13 p.m.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
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)
Fullerton City Council | Successor Agency Minutes
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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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
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
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 Community and Economic
Development, Sunayana Thomas
Negotiating Parties: NFRED LLC, Frontier Parking Ventures LLC
Under Negotiations: Price and Terms
4. CONFERENCE WITH LABOR NEGOTIATOR Per Government
Code Section 54957.6
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
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4:59 p.m. RECESS CLOSED SESSION AND RECONVENE STUDY
SESSION
Mayor / Chair Jung recessed Closed Session and reconvened Study Session at 4:59 p.m.
Fred Jung
Mayor
Lucinda Williams, MMC
City Clerk/
Fullerton City Council | Successor Agency Minutes
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
STUDY SESSION MINUTES
NOVEMBER 15, 2022 - 4:30 P.M.
Council Chamber
CALIFORNIM 303 West Commonwealth Avenue
Fullerton, California
PUBLIC COMMENT - Study Session
None.
STUDY SESSION
Direction provided 1. SENATE BILL 1383 (SHORT-LIVED CLIMATE POLLUTANT
REDUCTION LAW) STUDY SESSION
City Council provided direction to staff to continue studying the impact of rates on the city and residents.
5:15 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 5:15 p.m.
Fred Jung
Mayor
City Clerk
Fullerton City Council | Successor Agency Minutes
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CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR MEETING MINUTES
NOVEMBER 15, 2022 - 5:30 P.M.
Council Chamber
CALIFORNIA 303 West Commonwealth Avenue
Fullerton, California
5:30 p.m. CALL TO ORDER
Mayor / Chair Jung called the meeting to order at 5:30 p.m.
All present ROLL CALL
Present: Mayor / Chair Jung, Mayor Pro Tem / Vice Chair Whitaker, Council / Agency Members Dunlap, Silva
(via teleconference), Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, City Attorney Richard D.
Jones, City Clerk Lucinda Williams, Police Chief
Robert Dunn, Fire Chief Adam Loeser
INVOCATION given by Pastor Stephanie Christin, Mercy Commons.
PLEDGE OF ALLEGIANCE led by Council Member Zahra.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
None.
PUBLIC COMMENTS - Regular Session
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November 15, 2022 - Page 5
The following addressed City Council:
• Todd Harrison spoke about housing issues.
• Marilyn Harris recognized staff that volunteered with the American Legion Veteran's Day event.
• Egleth Nuncci invited City Council to an upcoming Thanksgiving event.
• Woudarek spoke about elections canvassing and police
oversight.
• Curtis Gamble spoke about homeless issues.
The following addressed City Council via Zoom:
• Jane Reifer asked about meeting recordings.
• Jane Rands asked for help with the link to supplemental materials.
Michael Sheppard spoke about hunger and homelessness week.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS
City Manager Levitt reported on items arising during public comment.
Council Member Silva wished all a happy Thanksgiving.
Zahra wished all a happy Thanksgiving season.
Mayor Pro Tem Whitaker reported on the recent Veterans Day parade.
APPOINTMENTS
None.
CONSENT CALENDAR (Items 1 - 10)
Dunlap moved, seconded by Zahra, to approve Consent Calendar Items 1 through 7.
Motion carried 5 - 0.
Approved 1. NOVEMBER 1, 2022 MEETING MINUTES
Recommendation:
Approve November 1, 2022 City Council / Successor Agency Meeting Minutes.
Received and filed MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
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Recommendation:
Receive and file.
Received and filed OCTOBER 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed FIRST QUARTER FISCAL YEAR 2022-23 FINANCIAL REPORT
Recommendation:
Receive and file the First Quarter Financial Report for FY Received and filed ADDITIONAL CONTRIBUTION TO ENHANCED CASH
PORTFOLIO
Recommendation:
Receive and file.
Adopted CITY OF FULLERTON CONFLICT OF INTEREST CODE
BIENNIAL REVIEW AND UPDATE
Recommendation:
Adopt Resolution No. 2022-086.
RESOLUTION NO. 2022-086 - 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
Approved MASTER SERVICES AGREEMENT WITH KONICA MINOLTA
BUSINESS SOLUTIONS FOR CITY COPIER FLEET
Recommendation:
1. Approve Master Services Agreement with Konica Minolta Business Solutions U.S.A., Inc. for a five-year term with tw optional five-year extensions and authorize City Manager, ar to execute and administer the agreement
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 Fullerton City Council | Successor Agency Minutes
November 15, 2022 - Page 7
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
1, provided
budget (Fund 68).
PUBLIC HEARINGS
None.
REGULAR BUSINESS (Items 11 - 12)
Introduced 11. CALIFORNIA BUILDING STANDARDS CODE AND
CALIFORNIA FIRE CODE 2022 TRIENNIAL EDITION
Dunlap moved, seconded by Zahra, to:
1. Introduce the following ordinances for first reading by title only and waive further reading of the ordinances.
ORDINANCE NO. 3316 - 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. 3317 - 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. 2022-090 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, SETTING FORTH LOCAL CONDITIONS
JUSTIFYING AMENDMENTS TO THE 2022 EDITION OF
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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. 2022-091 - 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,
CALIFORNIA BUILDING STANDARDS CODE PARTS 9
DUE TO LOCAL CLIMATIC, TOPOLOGICAL AND
GEOGRAPHIC CONDITIONS
Motion carried 5 - 0.
City Clerk Williams read the titles of the ordinances.
Adopted 12. FOX BLOCK COMMERCIAL AND RETAIL PROJECT
DISPOSITION AND DEVELOPMENT AGREEMENT
The following addressed City Council:
• Jane Rands spoke about the need for housing in the
The following addressed City Council via Zoom:
Jane Reifer spoke about historic buildings.
Dunlap moved, seconded by Zahra, to:
1. Adopt the following resolutions:
As City Council:
RESOLUTION NO. 2022-092 - 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 2022-03 - A RESOLUTION OF
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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.
Motion carried 5 - 0.
ITEMS REMOVED FROM CONSENT CALENDAR
Adopted PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS FOR PUBLIC PARKING AREA LOCATED
SOUTH OF ELLIS PLACE
The following addressed City Council:
• Jane Rands spoke about the need for housing.
Curtis Gamble spoke in support of this item.
• Unidentified speaker asked about the impact on residents of Ellis Place.
The following addressed City Council via Zoom:
• Jane Reifer spoke about historic buildings.
Dunlap moved, seconded by Silva, to:
1. Adopt the following resolutions:
As City Council:
RESOLUTION NO. 2022-087 - 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
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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-2022-02 - 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 parkin‹ area on the Property
3. Authorize City Manager, or authorized designee, to execute any additional implementing agreements or documents,
to perform the City's
including undered instrumentand pile or
Motion carried 5 - 0.
Adopted RESOLUTION OF INTENTION TO ABANDON A PORTION OF
ELLIS PLACE
The following addressed City Council via Zoom:
• Jane Reifer spoke about the historic district near Ellis Place.
Dunlap moved, seconded by Zahra, to adopt Resolution No. 2022-088.
RESOLUTION NO. 2022-088 - 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
Motion carried 5 - 0.
Adopted 10. 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
The following addressed City Council:
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Jane Rands spoke about affordable housing.
Curtis Gamble spoke in support of this item.
• Sally Costello spoke about traffic in this area.
The following addressed City Council via Zoom:
Jane Reifer asked to protect public transit.
Silva moved, seconded by Dunlap, to adopt Resolution No. 2022-089.
RESOLUTION NO. 2022-089 - 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, 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)
Motion carried 4 - 1 (No Jung).
6:37 p.m. ADJOURNMENT
Mayor / Chair Jung adjourned the meeting at 6:37 p.m. in memory of Shirley Gregg
Fred Jung
Mayor
Lueinga Williams, MMC
City Clerk
Fullerton City Council | Successor Agency Minutes
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