CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
CLOSED SESSION MINUTES
JULY 16, 2024 – 4:30 P.M.
Council Chamber
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 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. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk
CITY OF FULLERTON
CITY COUNCIL / SUCCESSOR AGENCY
REGULAR SESSION MINUTES
JULY 16, 2024 – 5:30 P.M.
Council Chamber
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
1. PROCLAMATION: Parks and Recreation Month
ITEMS REMOVED FROM CONSENT CALENDAR 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).
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
1. JULY 2, 2024 MEETING MINUTES
Proposed Motion:
Approve July 2, 2024 City Council / Successor Agency Meeting Minutes.
Received and filed
2. 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
4. 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
5. RECOGNIZED OBLIGATION PAYMENT SCHEDULE ENFORCEABLE OBLIGATION NUMBER 62 SALE AND PURCHASE AGREEMENT FOR MILLER PROPERTY AT 127 WEST CHAPMAN AVENUE Proposed Motion:
1. 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.
2. Authorize City Manager to execute Quitclaim Deed or similar conveyance instrument, including a Certificate of Acceptance, to transfer real property at 127 West Chapman Avenue, APN No. 032‑212‑15, from the Successor Agency to the City of Fullerton pursuant to the Sale and Purchase Agreement to use as a public parking lot.
3. 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
6. FISCAL YEAR 2024‑25 CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT Proposed Motion:
1. 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
7. 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 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:
1. Reallocate $25,000 from homeless care services to City Lights, approving the remainder of the 2024‑25 Annual Action Plan as presented and authorize Director of Community and Economic Development, or designee, to submit required documents to HUD and execute the 2024‑25 CDBG agreements with nonprofits and City Departments.
2. Authorize City Manager, or designee, to make budget amendments to the Fiscal Year 2024‑25 Adopted Budget to align CDBG and HOME budgets with final HUD allocation determination.
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:
1. Direct staff to refinance with a level debt structure.
2. 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.
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 Wilshire.
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 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. _____________________________
Nicholas Dunlap
Mayor
_____________________________
Lucinda Williams, MMC
City Clerk