Agenda Report
Fullerton City Council
MEETING DATE: OCTOBER 15, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT PREPARED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT
STEPHEN BISE, PUBLIC WORKS DIRECTOR
SUBJECT: WALK ON WILSHIRE PILOT PROGRAM DIRECTION
SUMMARY
The Walk on Wilshire Parklet Pilot Program expired on June 30, 2024. City Council extended the Program on July 16, 2024, with a new end date of October 14, 2024. Staff seeks City Council direction regarding the future of the program.
PROPOSED MOTION
Adopt Resolution No. 2024-XXX.
RESOLUTION NO. 2024-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AUTHORIZING TEMPORARY CLOSURE OF A 200-FOOT SEGMENT OF WILSHIRE AVENUE, WEST OF HARBOR BOULEVARD FOR A WALK-ON-WILSHIRE (WOW) PARKLET PILOT PROGRAM Direct staff to reopen Wilshire Avenue to vehicular traffic by January 31, 2025.
Evaluating feasibility of a more comprehensive downtown parklet program.
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Extend the WOW Program and implement a Safe Streets Program by continuing the closure and assess opportunities for long-term public space activation Provide alternative direction on the long-term use of the Walk on Wilshire area Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
I concur with staff’s recommendation. I believe there has been value shown by the closing, but it at the same time has created challenges for some of the businesses which is not the intent. I recommend keeping it in place through January and begin evaluating the feasibility of creating a more comprehensive downtown parklet program and assessment of ways to create a more complete pedestrian experience in the downtown.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
Extending or making the closure permanent would require further investments for public space enhancements, parklet construction and ongoing maintenance. Some potential enhancements include:
ItemUnit CostLabor Cost per UnitQuantityTotal Cost Including LaborBike Racks $500
$200
10 $7,000
Benches
$1,200
$400
5 $8,000
Public Art
$10,000
$2,000
3 $36,000
Lighting
$2,000
$1,000
10 $30,000
Total
$81,000
These estimates would improve pedestrian experience in the closed section of Wilshire Avenue.
BACKGROUND AND DISCUSSION
The WOW Parklet Pilot Program launched during the COVID-19 pandemic to temporarily close a 200-foot segment of Wilshire Avenue, west of Harbor Boulevard, to vehicular traffic to support local businesses by creating outdoor dining space, particularly when California imposed indoor dining restrictions. Businesses along the closed section of Wilshire could extend operations into public space, facilitating a safer and more vibrant environment for patrons and the community.
The City intended the program to fulfil a temporary need but City Council extended the program due to community support and business needs. City Council approved the current extension July 16, 2024 with a October 14, 2024 expiration date. Staff seeks further City Council direction to extend, modify or terminate the Program.
Key Dates and Decisions:
March 15, 2022 – City Council approved ending the temporary outdoor dining program effective September 30, 2022. Businesses could continue outdoor dining by following the Standard Outdoor Dining permitting process.
August 16, 2022 – City Council approved an 18-month Parklet Pilot Program for WOW businesses effective January 1, 2023 through June 30, 2024. The program included a bike element and temporary closure of Wilshire Avenue.
July 16, 2024 – City Council approved a 90-day extension of the WOW Parklet Pilot Program, pushing the new end date to September 30, 2024.
October 15, 2024 – Staff directed to bring back options for the WOW Parklet Program going forward to City Council.
City Expenses and Revenue
The City made several infrastructure investments to support the WOW Program, including traffic modifications, bollards installation and pedestrian-friendly enhancements. The City has invested $90,569 to date through the streets operational budget for the WOW Program including infrastructure changes such as traffic signal modifications, street signing and striping, bollard installation and the closure itself.
Improvements
Cost
Initial closure and planters
$18,000
Modified traffic signal at Harbor Boulevard / Wilshire Avenue and on-street signing and striping to facilitate pedestrian / bike movement and restrict vehicular traffic $31,930
Procured and installed bollards at west / east terminus $40,639
Total
$90,569
City Council directed staff in March 2022 to invoice businesses utilizing public spaces for rent to lease space for outdoor dining until October 2024:
Business Name
Total anticipated revenue
Mulberry Street Ristorante**
$13,950
Fullerton Brew Company**
$34,875
Rialto Café*
$2,295
Smoking Tiger*
$600
Somi Somi**
$5,580
Green Bliss*
$360
Total
$57,660
* Business discontinued participation on WOW or executed a no-fee encroachment agreement per Standard Outdoor Dining Guidelines in 2023. ** Business continues to participate on WOW
Staff estimates annual lease revenue would total approximately $40,000 from the three participating businesses if WOW continues and all businesses construct parklets.
Parklet Investment Costs for Businesses
Businesses on Walk on Wilshire expressed interest in maintaining parklet spaces for outdoor dining. However, businesses have either scaled back to sidewalk seating or secured permits but have not yet begun construction except for Mulberry Street Ristorante. Parklet construction involves multiple expenses, including design fees, permitting costs, construction materials and ongoing maintenance. The average cost for a business to build a parklet occupying two parking spaces can range from approximately $20,000 to $50,000. This cost includes custom design, construction materials, furniture, safety barriers, landscaping and permits and fees. These significant upfront expenses, combined with the uncertainty of the Program permanence, contribute to the hesitation among businesses to move forward with parklet construction.
The following summarizes business participation:
Business
Participating
Parklet Permitted
Parklet Constructed
Encroachment Agreement (EA) Executed
Mulberry Street Ristorante
Fullerton Brew Company
Rialto Café
Occupy small portion of the sidewalk only
Sip and Savor
Declined to participate
SomiSomi
Green Bliss
Declined to participate
Retail and Restaurant within Villa Del Sol
Declined to participate
NOTE: Fullerton Brew Company and SomiSomi expressed reluctance to pull permits to build the parklet due to uncertainty of the continued pilot and closure.
Public Feedback and Activation
The City has received mixed feedback regarding the WOW Program between businesses and the community, highlighting both the successes and challenges of the initiative.
The businesses on Wilshire Avenue expressed mixed reactions to the Walk on Wilshire Program. A significant portion of businesses on WOW have not fully capitalized on the available space, complicating efforts to visualize the full potential. For instance, while Fullerton Brew and SomiSomi have secured their permits, they have yet to commence construction. Rialto expressed investment concerns about maintaining a temporary parklet and Sip and Savor declined participation. Businesses outside of the WOW Program support the success of their neighboring businesses involved in the Pilot Program. Concerns include equity issues and the perceived lack of activation and indirect benefits. Many of the businesses not part of the closure noted it has not generated enough increased foot traffic or sales to justify their support. They expressed concern about the mid-block closure, which limits visibility and access for those not adjacent to the closed section. These businesses show more support if they had equal opportunities to participate such as extending the closure to their storefronts or allowing them to create parklets.
The community provided overwhelmingly positive feedback regarding the Walk on Wilshire Pilot Program. Over 500 respondents shared their thoughts in a survey conducted earlier this year, with the majority expressing strong support for continued closure of Wilshire Avenue. Respondents highlighted the benefits of enhanced walkability, outdoor dining and increased social opportunities that the closure provided in Downtown Fullerton. The feedback demonstrates a strong desire for public improvements that prioritize walkability and accessible, lively spaces throughout downtown Fullerton.
Residents offered constructive suggestions to further enhance the experience. Key suggestions included:
Improved Lighting: Better street lighting to make the area more inviting and safer, especially in the evening.
Increased Safety Measures: Enhanced safety protocols to ensure pedestrian and cyclist safety.
More Events: Hosting additional promotional events and activities to attract more visitors and create a lively atmosphere.
Traffic and Parking Management: Respondents mentioned traffic congestion and parking availability concerns, but the positive impacts of the closure generally outweighed these comments.
The City made two key efforts to activate the space during the 90-day Program extension:
Community Activation: A new grassroots community group, formed because of the WOW initiative, met with staff early on to brainstorm ways to activate the area. They shared numerous creative ideas. The City focused its limited resources on assistance through a streamlined special event permitting process to help incorporate some of the suggestions such as the Chalk on Wilshire event, encouraging residents and visitors to engage with the space and create sidewalk chalk art.
SCAG Kit of Parts Initiative: The City expanded the farmers market area beyond the Plaza to Walk on Wilshire and collaborated with the Southern California Association of Governments (SCAG) to enhance the area during the farmers markets by installing temporary parklets and street walkway art to increase foot traffic and engagement.
Additionally, staff met with businesses and property owners both within and outside the WOW area to gather feedback and ideas. The feedback indicated the WOW program has primarily benefitted businesses located within the closure area, while others feel that it has not yet reached its full potential. Some respondents raised concerns about visibility challenges, with businesses suggesting the need for better signage and additional enhancement efforts beyond the closure itself to improve its overall impact.
Potential Alternative Option
The mixed feedback from businesses and the community presents a challenge to address the divide between business concerns about visibility and foot traffic and the community enthusiasm for a pedestrian-friendly environment. A balanced approach to address this could involve exploring a parklet program for Downtown Fullerton. A parklet program offers an opportunity to bridge this divide but also brings challenges, particularly because Downtown operates on a shared parking model. Most of Downtown relies on public parking and any reduction in parking spaces due to parklet installations could impact businesses that depend on this parking for their customers.
The City would need to assess the feasibility of implementing parklets before moving forward including evaluating how parklets could coexist with the shared parking model, determining how many spaces the City could convert without negatively affecting overall parking availability and considering potential impacts on surrounding businesses that rely on public parking.
The City could explore guidelines and process requirements for a parklet program through this process that aligns with the Downtown parking structure, which considers business demand, parking impacts and equitable benefits distribution. This approach ensures that any public space enhancements fit the unique Downtown needs, balancing the desire for pedestrian-friendly spaces with the need to maintain sufficient public parking to support all businesses.
Legal Framework
The decision to extend, modify or permanently close Wilshire Avenue for the WOW Program must adhere to California Vehicle Code (CVC) provisions, particularly regarding street closures.
Temporary Closure
California Vehicle Code, Division 11, Chapter 1, Article 3, Section 21101(e) states, “Local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution… on… (e) Temporarily closing a portion of any street for celebrations, parades, local special events and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” A temporary closure would close a 200-foot segment of Wilshire Avenue, west of Harbor Boulevard, to facilitate the Walk-on-Wilshire Parklet Pilot Program. The temporary closure would allow staff to assess open space activation options, parklet feasibility, bicycle ingress/egress thru multi-modal public spaces and explore necessary findings to implement a slow streets program. City Council would need to adopt the attached resolution to continue the temporary closure.
Long-term/Indefinite Closure
California Vehicle Code, Division 11, Chapter 1, Article 3, Section 21101(f) discusses “Implementing a slow streets program” that may include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to Citywide bicycle networks, destinations such as a business district within walking distance or green space. A local authority may implement a slow streets program by adopting an ordinance that closes streets to vehicular traffic or limits access and speed on a street using roadway design features, including, but not limited to, islands, curbs or traffic barriers. A local authority may implement a slow streets program if it meets the following requirements:
Conducts an outreach and engagement process that includes notification to residents and owners of property abutting any street considered for inclusion in the slow streets program.
Determines that the closure or traffic restriction leaves a sufficient portion of the streets in the surrounding area for other public uses, including vehicular, pedestrian and bicycle traffic.
Provides advance notice of the closure or traffic restriction to residents and owners of property abutting the street.
Clearly designates the street closure or traffic restriction with signage in compliance with the California Manual on Uniform Traffic Control Devices.
Determines that the closure or traffic restriction necessary for safety and protection of persons using that portion of the street during the closure or traffic restriction.
Maintains a publicly available internet website with information about its slow streets program, a list of streets included in the program or under evaluation for inclusion in the program and instructions for participating in the public engagement process.
Staff would perform the six requirements outline in the CVC if directed to keep the WOW road closure indefinitely. including adoption of a “Slow Streets Program” ordinance that closes streets to vehicular traffic or limits access and speed on a street using roadway design features, including, but not limited to, islands, curbs or traffic barriers.
Alternatively, Per California Vehicle Code, Division 11, Chapter 1, Article 3, Section 21101(a), “Local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution… on (a) closing any highway to vehicular traffic when, in the opinion of the legislative body having jurisdiction, the highway is …(1) No longer needed for vehicular traffic.” If directed to keep the WOW road closure indefinitely, staff can present findings to determine the need for the 200-foot segment of Wilshire Avenue for vehicular traffic and draft a resolution for City Council consideration to permanently close the 200-foot segment of Wilshire Avenue if findings support that the City no longer needs the segment for vehicular traffic.
Emergency Access
A dead-end street in California is a street that has access from only one end and does not have a special construction for vehicles to turn around at the other end. Dead end streets are also known as no-through roads or no-exit roads.
California Fire Code requirements for dead-end fire apparatus access roads include turnarounds. Dead-end fire apparatus access roads over 150 feet long must have an approved turnaround. The turnaround should face in the correct direction of travel on the access road.
The 400-foot segment of Wilshire Avenue from Malden Avenue to the westly WOW closure limits has access options via the north public alley, therefore, it is technically not considered a dead-end road. In addition, the 80-foot segment from the public alley access and the westly WOW terminus is less than 150-feet and does not require a turnaround per California Fire Code.
INCLUDEPICTURE "cid:[email protected]" \* MERGEFORMATINET In addition, the Fire Department would participate in developing the WOW Parklet Guidelines and provide parameters for required emergency access in the area.
Environmental
The WOW closure is a discretionary action with no significant environmental impact. The General Plan roadway classifications do not include Wilshire Avenue so the closure would not require a circulation element amendment. Staff concluded the long-term closure of Wilshire Avenue is not subject to the California Environmental Quality Act (CEQA). The General Plan designates Wilshire Avenue as an Existing Class III Bike Route and this designation should remain unchanged.
Staff evaluated the successes and limitations of the Wilshire Avenue closure. The Program received limited business participation as no organized business group has further activated the unused space to allow outdoor dining. The unique challenges of this location, unlike other closed streets that benefit from mid or full block closures in higher-traffic areas, make it difficult to sustain the closure. Staff recommends City Council consider keeping the street closed through the end of the year to allow businesses to transition and then open the street by the end of January 2025.
Alternatively, staff recommends evaluating the feasibility of creating a downtown Parklet Program and/or conducting an assessment to better enhance the pedestrian and bicycle experience in Downtown Fullerton which data supports as being a strong community desire. This would include exploring immediate, low-cost enhancements such as improved signage, lighting and seating and collaborating with business and property owners to help make improvements using the existing budget.
Staff also recommends exploring outdoor dining and a possible closure in the future with more data and a clear strategy for public space activation will enable more informed decisions and ensure that future efforts align with the needs of both businesses and the community.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Draft City Council Resolution No. 2024-XXX cc: City Manager Eric J. Levitt
Walk on Wilshire Outlook
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