CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
NOVEMBER 15, 2022 – 4:00 P.M.
Council Chamber
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 Chair 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
1. 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) 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
3. 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 of 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 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.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
STUDY SESSION MINUTES
NOVEMBER 16, 2022 – 4:30 P.M.
Council Chamber
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.
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
regular meeting MINUTES
NOVEMBER 15, 2022 – 5:30 P.M.
Council Chamber
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
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
2. MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Recommendation:
Receive and file.
Received and filed
3. OCTOBER 2022 CHECK REGISTER
Recommendation:
Receive and file.
Received and filed
4. FIRST QUARTER FISCAL YEAR 2022‑23 FINANCIAL REPORT
Recommendation:
Receive and file the First Quarter Financial Report for FY 2022‑23.
Received and filed
5. ADDITIONAL CONTRIBUTION TO ENHANCED CASH PORTFOLIO
Recommendation:
Receive and file.
Adopted
6. 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
7. 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 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).
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 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 City.
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 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
8. 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 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 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.
Motion carried 5 – 0.
Adopted
9. 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:
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