CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JULY 16, 2024 - 4:30 P.M.
Council Chamber
CALIFORNI 303 West Commonwealth Avenue
Fullerton, California
4:30 p.m. CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung, Council / Agency Members Charles, Whitaker
(arrived 4:33 p.m.), Zahra (arrived 4:31 p.m.)
Absent: None
Staff Present: City Manager Eric J. Levitt, Deputy City Attorney Baron Bettenhausen, City Clerk Lucinda Williams
PUBLIC COMMENTS - Closed Session
The following addressed City Council:
• Curtis Gamble spoke about Langenbacher, et al. v. City of Fullerton, Fullerton P.D.
RECESS TO CLOSED SESSION
Mayor / Chair Dunlap recessed to Closed Session at 4:34 p.m.
Council Member Charles recused herself from Closed Session Item 3 due to a conflict with her employer.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Per Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation: One Case (Amerige Heights HOA)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Per Government Code Section 54956.9(d)(1)
Name of Case: Langenbacher, et al. V. City of Fullerton, Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 1
Fullerton P.D.
Case Number: OCSC 30-2022-01296035
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Per
Government Code Section 54956.8
Property: 320 West Elm Avenue, Fullerton, CA 92832
Agency Negotiator: City Manager Eric J. Levitt
Negotiating Parties: California State University Fullerton Healthy Neighborhoods
Under Negotiations: Price and terms
5:22 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 5:22 p.m. - cinda Williams,
cir clerk
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 2
CITY OF FULLERTON
FULLE CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JULY 16, 2024 - 5:30 P.M.
Council Chamber
CALIFORNIN 303 West Commonwealth Avenue
Fullerton, California
5:31 p.m. CALL TO ORDER
Mayor / Chair Dunlap called the meeting to order at 5:31 p.m.
ROLL CALL
Present: Mayor / Chair Dunlap, Mayor Pro Tem / Vice Chair Jung (arrived 6:16 p.m.), Council / Agency Members
Charles, Whitaker, Zahra
Absent: None
Staff Present: City Manager Eric J. Levitt, Deputy City Attorney Baron Bettenhausen, City Clerk Lucinda Williams, Deputy
City Manager Daisy Perez, Police Chief Jonathan
Radus
INVOCATION given by Chaplain Fredia Travis, Friendship Baptist Church Yorba Linda.
PLEDGE OF ALLEGIANCE led by Council Member Charles.
CLOSED SESSION REPORT
None.
EX PARTE COMMUNICATIONS REPORT
None.
PRESENTATIONS
Presented PROCLAMATION: Parks and Recreation Month
ITEMS REMOVED FROM CONSENT CALENDAR
rulerton in Count Success Agency Minut
ANNOUNCEMENT
None.
PUBLIC COMMENTS - Regular Session
The following addressed City Council:
• Todd Harrison, Fullerton, spoke about the Senior Advisory Committee.
• James Quirion, Fullerton, spoke about short term rentals.
Maureen Milton spoke about a recent Planning Commission meeting.
• Julia Bowers asked for housing assistance.
Curtis Gamble spoke about homeless issues.
Z (no last name provided), Fullerton, spoke about public safety.
CITY COUNCIL / SUCCESSOR AGENCY / STAFF
COMMUNICATIONS AND REPORTS (taken out of agenda
order)
Council Member Charles spoke about recent events, committee vacancies, office hours, Orange County Vector Control District Board, North Orange County JPA Board and Orange County Power Authority meetings and closed her remarks in memory of Harold Farber.
Council Member Zahra reported on the Fullerton Museum Center Association.
Council Member Whitaker spoke about community support for issues.
Mayor Dunlap congratulated Fullerton Hills Softball and Golden Hills Little League championships and reported on recent and upcoming events.
APPOINTMENTS (Item 1)
Ratified 1. COMMISSION / COMMITTEE / BOARD APPOINTMENTS The following addressed City Council:
• Todd Harrison asked about the number of Senior
Advisory Committee applicants.
Dunlap moved, seconded by Zahra, to ratify Wendy Ocepek as the Fullerton Senior Club representative to the Senior Advisory Committee.
Motion carried 4 - 0 - 1 (Absent: Jung).
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 4
CONSENT CALENDAR (Items 1 - 7)
Dunlap moved, seconded by Zahra, to approve all Consent Calendar items.
Motion carried Motion carried 4 - 0 - 1 (Absent: Jung).
Approved JULY 2, 2024 MEETING MINUTES
Proposed Motion:
Approve July 2, 2024 City Council / Successor Agency Meeting Minutes.
Received and filed MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
Proposed Motion:
Receive and file.
Received and filed 3. JUNE 2024 CHECK REGISTER
Proposed Motion:
Receive and file.
Approved THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2023-24
Proposed Motion:
1. Receive and file Third Quarter Financial Report for Fiscal Year (FY) 2023-24.
2. Authorize City Manager, or designee, to approve budget adjustments as necessary for budgetary and accounting
compliance for the FY 2023-24 audited financial statements.
Adopted RECOGNIZED OBLIGATION PAYMENT SCHEDULE
ENFORCEABLE OBLIGATION NUMBER 62 SALE AND
PURCHASE AGREEMENT FOR MILLER PROPERTY AT 127
WEST CHAPMAN AVENUE
Proposed Motion:
Authorize City Manager, or designated staff, to effectuate and complete purchase of certain real property located at 127 West Chapman Avenue, APN No. 032-212-15, as
Successor Agency to the City of Fullerton, for a CBRE
appraised fair market value in line with executed
agreement, using approved RPTTF funds, fulfilling ROPS
enforceable obligation No. 62.
Authorize City Manager to execute Quitclaim Deed or
similar conveyance instrument, including a Certificate of Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 5
Acceptance, to transfer real property at 127 West
Chapman Avenue, APN. No. 032-212-15, trom the
Successor Agency to the City of Fullerton pursuant to the Sale and Purchase Agreement to use as a public parking
lot.
Adopt the following resolutions:
RESOLUTION NO. 2024-040 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON
CALIFORNIA, APPROVING TRANSFER FROM THE
FULLERTON SUCCESSOR AGENCY AND
ACCEPTANCE BY THE CITY OF FULLERTON OF TITLE
OWNERSHIP FOR REAL PROPERTY LOCATED AT
PARCEL NUMBER 032-212-15
RESOLUTION NO. SA 2024-02 - A RESOLUTION OF
THE SUCCESSOR AGENCY OF THE CITY OF
FULLERTON, CALIFORNIA. APPROVING TRANSFER
FROM THE FULLERTON SUCCESSOR AGENCY AND
ACCEPTANCE BY THE CITY OF FULLERTON OF TITLE
OWNERSHIP FOR REAL PROPERTY LOCATED AT
PARCEL NUMBER 032-212-15
Adopted FISCAL YEAR 2024-25 CALIFORNIA HIGHWAY PATROL
CANNABIS TAX FUND GRANT
Proposed Motion:
Adopt Resolution No. 2024-041.
RESOLUTION NO. 2024-041 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING CHIEF OF POLICE TO
ACCEPT CALIFORNIA HIGHWAY PATROL GRANT
FUNDS
2. Appropriate receipt and use of $499,998 California
Highway Patrol Cannabis Tax Fund Grant to Police
Department budget within Grant Fund (Fund 32).
Approved CONTRACT WITH SULLY MILLER CONTRACTING CO. FOR
ORANGETHORPE AVENUE INFRASTRUCTURE
IMPROVEMENTS PROJECT
Proposed Motion:
1. Approve plans and specifications for Orangethorpe Avenue Infrastructure Improvements Project.
2. Approve the following budget transfers and appropriations in Capital Improvement Program (CIP) Project
Orangethorpe Avenue Infrastructure Project:
• $3,100,000 Road Maintenance Rehabilitation Account
/ Senate Bill 1 Funds (Fund 29) from CIP Project
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 6
44400 Annual Arterial Street Program to Project 44062
Orangethorpe Avenue Infrastructure Improvements
Project within the Capital Projects Fund (Fund 74)
$50,000 Sewer Enterprise Funds (Fund 47) from CIP
Project 51419 Annual Sewer Replacement Program to
CIP Project 44062 Orangethorpe Avenue
Infrastructure Improvements Project within the Sewer
Enterprise Fund (Fund 47)
• $439,234 from American Rescue Plan Act (ARPA)
Funds within CIP Project 53250 Water Main System
Replacement. and Upgrade Project (Fund 44) to
Lemon Street to CIP Project 44062 Orangethorpe
Avenue Infrastructure Improvements Project within the
Water Fund (Fund 44)
• $60,000 ARPA Funds (Fund 44) from CIP Project
44054 Orangethorpe Avenue Infrastructure
Improvements - Harbor Boulevard to Lemon Street to
CIP Project 44062 Orangethorpe Avenue
Infrastructure Improvements Project within the Water
Fund (Fund 44).
3. Award $3,976,752 construction contract for Orangethorpe Avenue Infrastructure Improvements Project to Sully Miller Contracting Co. 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 (Item 8)
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 2024-25 ANNUAL ACTION PLAN
Mayor Dunlap opened the public hearing at 6:08 p.m.
The following addressed City Council:
• Jenifer Lowell supported this item.
• Curtis Gamble supported this item.
• Unidentified speaker spoke about City Lights.
Mayor Dunlap closed the public hearing at 6:12 p.m.
Zahra moved, seconded by Dunlap, to:
Reallocate $25,000 from homeless care services to City
Lights, approving the remainder of the 2024-25 Annual
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 7
submit required documents to HUD and execute the
Motion carried 4 - 0 - 1 (Absent: Jung).
REGULAR BUSINESS (Items 9 - 11)
Adopted 9. COMMUNITY FACILITIES DISTRICT NO. 2 (AMERIGE
HEIGHTS) SPECIAL TAX REFUNDING BONDS ISSUANCE
AND SALE AND RELATED DOCUMENTS AND ACTIONS
Zahra moved, seconded by Jung, to:
Direct staff to refinance with a level debt structure.
Adopt Resolution No. 2024-042.
RESOLUTION NO. 2024-042 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING THE ISSUANCE AND
SALE OF SPECIAL TAX REFUNDING BONDS AND
APPROVING RELATED DOCUMENTS AND ACTIONS
Motion carried 5 - 0.
Adopted 10. EARLY MORNING PARKING ON SOUTH SIDE OF EAST /
WEST ALLEY SOUTH OF WALNUT AVENUE AND EAST OF
HIGHLAND AVENUE PROHIBITION
• Jose (no last name provided) supported this item.
• Tony Bushala supported removing the three-hour parking and enforcing no overnight parking.
Zahra moved, seconded by Charles, to adopt Resolution No. 2024-043 and direct the Transportation and Circulation
Commission to consider removing the three-hour parking
requirement.
RESOLUTION NO. 2024-043 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA,
DESIGNATING THE SOUTH SIDE OF THE EAST / WEST
ALLEY, SOUTH OF WALNUT AVENUE AND EAST OF
HIGHLAND AVENUE, AS A PLACE WHERE PARKING IS
PROHIBITED BETWEEN 2:00 A.M. AND 5:00 A.M.
Motion carried 5 - 0.
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 8
11. WALK ON WILSHIRE PARKLET PILOT PROGRAM
OUTLOOK
Mayor Dunlap recused himself from this item and left the Council Chambers at 6:26 p.m.
The following addressed City Council:
• Rachel Brown, Fullerton, supported keeping the Walk on Wilshire.
• Roger Steinke spoke about safety and CUPs for other
businesses in the area.
• Mike Patrick said the Walk on Wilshire negatively impacts his business.
• Dillan Breneman, Fullerton, supported keeping the Walk on Wilshire.
• Tyler Martins, Fullerton, supported keeping the Walk on • Wishi.
• Jeffrey Ray, Fullerton, supported keeping the Walk on Wilshire.
Diane Vena, Fullerton, supported keeping the Walk on
Wilshire.
• Brandon Bevines supported keeping the Walk on Wilshire.
Anjali Tapadia, Fullerton, supported keeping the Walk on Wilshire.
Saskia Kennedy spoke about homeless in the downtown
and other areas and supported keeping the Walk on
Wilshire.
• Jack Dean, Fullerton, opposed keeping the Walk on
Wilshire.
• Joshua Ferguson noted several issues to address before deciding on this item.
• Maureen Milton supported keeping the Walk on Wilshire. • Rich (no last name provided) supported keeping the Walk on Wilshire.
• Tony Bushala, Fullerton, supported reopening Wilshire Avenue to vehicle traffic except for special events.
• Jeff Toms said the Walk on Wilshire negatively impacts his business.
• Chris Preston supported the parklets and outdoor dining but did not support closing the street.
• Jinan Montecristo preferred reopening Wilshire Avenue Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 9
unless expanded to a promenade format.
• Megan Watson supported keeping the Walk on Wilshire.
• Z (no last name provided), Fullerton, opposed keeping Wilshire Avenue permanently closed.
• Unidentified speaker supported a plan that generates more business in the City.
The following addressed City Council remotely :
• Cody Jimenez, Fullerton, supported keeping the Walk on Wilshire.
• Dominic Bendinelli supported keeping the Walk on
Wilshire.
• Pourcompany supported keeping the Walk on Wilshire.
• Matthew Leslie did not support closing the street.
• Munish (no last name provided) supported outdoor dining but did not support the road closure.
Zahra moved, seconded by Charles to continue the pilot
program until the end of the year and continue City Council discussions on the program.
Motion failed 2 - 2 - 1 (Opposed: Whitaker, Jung: Recused:
Dunlap).
Whitaker moved, seconded by Charles, to continue the pilot program for 90 days and continue City Council discussion regarding the program.
Motion carried 3 - 1 - 1 (Opposed: Jung, Recused: Dunlap).
Mayor Pro Tem Jung left the meeting at 8:12 p.m.
Mayor Dunlap returned to the Council Chambers at 8:12 p.m.
ITEMS REMOVED FROM CONSENT CALENDAR
None.
8:23 p.m. ADJOURNMENT
Mayor / Chair Dunlap adjourned the meeting at 8:23 p.m.
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 10
city clerk l
Fullerton City Council | Successor Agency Minutes
July 16, 2024 - Page 11