MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
WHITTIER HOUSING AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MARCH 22, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on March 22, 2022. Mayor Vinatieri called the meeting to order at 6:00 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
3. CLOSED SESSION
3.A. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
One Case
3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
City Owned Property: 7018 Greenleaf Ave
City Negotiator: Brian Saeki
Property Negotiator: JOW Investment LLC and Nixon Office LLC Property: 7018 Greenleaf Ave
City Negotiator: Brian Saeki
Property Negotiator: JOW Investment LLC and Nixon Office LLC
3.C. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(2):
One Case: Correspondence on file with the City Clerk regarding closures.
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri, consistent with mandates of Assembly Bill 361 and local adopted policies, called the Regular Session to order at 6:35 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, CA 90602.
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5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Cathy Warner, Mayor Pro Tern
Jessica Martinez, Council Member (8:14 p.m.)
Fernando Dutra, Council Member
Henry Bouchot, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Richard Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Ben Pongetti, Interim Director of Community Development Kyle Cason, Director of Public Works
Katie Galvin- ~urbatoviO, Business Development Manager
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Warner led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated there was nothing to report out of Closed Session.
Mayor Vinatieri informed residents that the City of Whittier is undertaking a recruitment for vacancies on various boards, commissions, and committees. Applications are available in person or on the City’s website.
8. PRESENTATIONS
8.A. Chamber of Commerce
Carol Crosby provided the following updates:
1. The video for the candidates’ forum hosted by the Chamber is on their website (www.whittierchamber.com).
2. Over 400 people attended the Business Exposition held on Wednesday, March 16, 2022.
3. Quan Li will be the new chair of the Whittier Chamber. He and his board of directors will take their position on April 6, 2022.
4. The Chamber had 166 new members join since April 1, 2021.
5. There are 15 ribbon cutting ceremonies scheduled from now until the end of May 2022. More information can be found on the Chamber’s website.
6. Carol Crosby thanked Council Member Bouchot for his service and dedication to the community.
7. The Chamber thanked the City Council and staff for their consideration of immediate improvements to the Greenleaf Promenade.
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8.B. Employee of the Quarter Recognition - Paul McCalope City Manager Saeki read a biography about Paul McCalope and discussed his dedicated service and contributions to the City of Whittier.
The City Council shared personal anecdotes and discussed Mr. McCalope’s professionalism and service to the City of Whittier.
Mayor Vinatieri and City Attorney Jones discussed the passing of Assistant City Attorney Harold Potter.
9. APPROVAL OF AGENDA
City Manager Saeki asked the City Council to consider pulling Item 14.A.
MOTION
Council Member Bouchot moved and Mayor Pro Tern Warner seconded a motion to pull Item 14.A. from the Agenda. The question was called and the motion carried 4-0-1, Council Member Martinez absent.
MOTION
Council Member Bouchot moved and Mayor Pro Tern Warner seconded a motion to approve the agenda, with the exception of Item 14.A. The question was called and the motion carried 4-0-1, Council Member Martinez absent.
10. PUBLIC COMMENTS
Mayor Vinatieri stated that public comment options were made available to the public for participation by email and in-person. Staff forwarded and provided copies of the email correspondence to City Council Members for review.
Robert Gonzalez, Mayor of Azusa, informed the City Council he will be Whittier’s new representative from the Water Quality Authority.
By order of the Chair, Mayor Vinatieri indicated each speaker would have two minutes to deliver their public comments.
The following individuals provided public comments:
Lynd Coop; Brendon Woirhaye; Gwen Woirhaye; Elyse Woirhaye; Tania Cruse; Monica Sena; Don MrIa; George Garcia; Steven Hernandez; Mary Venegas; Ernie Avila; Melinda Piña; Jim Dunkelman; Frank Rinaldi; Monica Piedra; Monica Rejniak; David Gonzalez; Michael Kachoeff; Kim Harlan; Marilyn Fant; Mel Sturr; Rich Cameron; Alfred Campano; Linda Garrido; Claudia Prado; Moses Beltran; Mike; Evangeline Martinez; Isaiah L. Leon Savage; Bruce Brenier; Paul Brenier; Nick Manzanares; Raul Mazariego; Angelique; and Ginny Ball.
City Clerk Garcia indicated eight public comments were submitted via email against the Greenleaf Promenade concept and 51 were submitted in support of keeping the concept as is.
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All public comments and documents submitted are part of the record and are on file with the City Clerk Department. A video of the oral communications is available through the City’s website.
11. CITY MANAGER REPORT
City Manager Saeki provided the following updates:
1. The City of Whittier does not need a certificate of appropriateness for the Jose Ramos Memorial in Central Park pursuant to Municipal Code Section
18.04.030. The City has held nine public meetings regarding the project.
2. The Eggstraveganza will be held at Parnell Park on Saturday, April 2, 2022, from 11:00 a.m. to 2:00 p.m.
3. The next “Keep Whittier Prettier” Greenway Trail Event will take place Saturday, April 23, 2022.
4. City Manager Saeki congratulated Director Cason and Civil Engineering Assistant, Kimberly Badescu, for obtaining a $5 million grant through the California Department of Water Resources Urban and Multi-benefit Drought Relief Program to replace the Murphy Reservoir.
City Clerk Garcia provided the following election updates:
1. Vote-by-mail ballots were mailed last week. Any residents who have not received their ballot can request one through email, phone, the City’s website, or in-person.
2. The two in-person voting locations are Palm Park and Parnell Park. Any voter, regardless of which district they reside in, can vote at these locations.
3. Locations were selected based on community feedback, secure broadband connections, ADA access, parking, and indoor capacity.
4. For the 2024 General Municipal Election, the City is looking to expand the number of in-person voting locations to four (one in each district).
5. The last day to register to vote is March 28, 2022.
6. The City will be offering free Dial-A-Ride services to people over 60 years of age or with a permanent disability on Election Day so that they can get to a voting location.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Warner pulled Item 12.C. for individual consideration.
MOTION
Council Member Dutra moved and Mayor Pro Tern Warner seconded a motion to approve the Consent Calendar, with the exception of Item 12.C. The question was called and the motion carried 4-0-1, Council Member Martinez absent.
12.A. Waive Further Reading
Recommendation: After the City Clerk has read the title, waive full reading of all resolutions and ordinances on this agenda for adoption.
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12.B. Claims Against the City
Recommendation: Deny claims filed by Pauline Avila, Maria Cascante & Myrian Cascante, Interinsurance Exchange of the Automobile Club ASO Maria Cascante, Antonio Gil, Val Leedy, Dominic Lopez, and Gloria Mount.
12.D. Whittier Church of God Special Event Permit
Recommendation: Approve a special event permit and temporary street closure for an Easter carnival at Whittier Church of God proposed for Saturday, April 16, 2022, from 10:00 a.m. to 2:00 p.m. located at 12302 Beverly Boulevard.
12.E. 2020-2021 General Plan Progress Report
Recommendation: Receive and file the 2020-2021 General Plan Annual Progress Report and direct staff to make any necessary revisions and forward a copy to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
12.F. Whittier Conservancy Donation
Recommendation: Adopt Resolution No. 2022-21 amending the Fiscal Year 2021-22 Budget to accept a donation of $8,000 from the Whittier Conservancy to purchase and plant trees in neighborhood parkways.
12.G. Lease at Reservoir #12 — California Internet L.P.
Recommendation: Approve the lease agreement with California Internet L.P. for communication equipment and antenna space at Reservoir #12 and authorize the City Manager to sign the lease agreement on behalf of the City.
12.H. Transmission Main Valve Replacement Phase II -Award of Contract Recommendation:
1) Award the construction contract to Williams Pipeline Contractors, Inc. in the amount of $165,000 for the Transmission Main Valve Replacement Phase II project;
2) Reject all other bids;
3) Adopt Resolution No. WUA-2022-02 amending the Fiscal Year 2021-22 Budget for the Transmission Main Valve Replacement Phase II project; 4) Authorize the Executive Director to sign the contract on behalf of the Whittier Utility Authority; and
5) Approve $16,500 in contingency for the Transmission Main Valve Replacement Phase II Project subject to approval of the Executive Director.
12.1. Whittier Covid-19 Non-Profit Recovery Grant Program Recommendation: Approve the Fiscal Year 2021-22 distribution of Whittier COVID-19 Non-Profit Recovery Grant funds in the amount of $250,000 as recommended by the Social Services Commission.
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Council Member Martinez entered the meeting.
The following item was pulled for individual consideration:
12.C. AB 361—Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-20, making the legally required findings to authorize the conduct of remote telephonic meetings during the state of emergency for all Brown Act bodies if necessary and rescinding Resolution No. 2022-18.
City Attorney Jones and City Clerk Garcia answered questions regarding public comment provisions under AB 361; pre-COVID-19 public comment options; teleconferencing mandates under AB 361; and neighboring cities’ public comment processes.
MOTION
Mayor Pro Tern Warner moved and Council Member Martinez seconded a motion to adopt an amended Resolution No. 2022, making the legally required findings to authorize the conduct of remote telephonic meetings during the state of emergency for all Brown Act bodies if necessary and rescinding Resolution No. 2022-18, amending to allow for a teleconference public comment option under the timeframe and logistics of the State Emergency Order declaration via the Assembly Bill 361 resolution. The question was called and the motion carried 4- 1, Mayor Vinatieri dissenting.
Mayor Vinatieri recused himself from Items 14.B, C., and D. due to a conflict of interest since he owns a business on Greenleaf Avenue. Mayor Vinatieri exited the meeting and Mayor Pro Tern Warner presided over the meeting.
RECESS
Mayor Pro Tem Warner called the recess. The meeting reconvened at with all Council Members present, except Mayor Vinatieri.
13. PUBLIC HEARINGS
None.
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14. STAFF REPORTS
14.A. 7018 Greenleaf Avenue - Exclusive Negotiation Agreement Extension #4
Recommendation: Consider whether to authorize the Executive Director/City Manager to execute Amendment #4 to extend the Exclusive Negotiation Agreement with STC Nixon Hotel, LLC, a California Limited Liability Company (“STC Nixon”), JOW Investment LLC, a California Limited Liability Company (“JOW’), Nixon Office, LLC, a California Limited Liability Company (“Nixon Office”), for the potential purchase of the Successor Agency parcel located at 7018 Greenleaf Avenue, or allow the agreement to lapse.
This item was pulled from the agenda.
14.B. Alpha Beta and Uptown North Sites RFQIP — Development Team Selection
Recommendation:
1) Select the Uptown Community Partners (City Ventures, Thomas Safran and Associates, Gentefy, and SVA Architects) as the top development team under the Surplus Land Act compliant Alpha Beta and Uptown North Sites RFQ/P process;
2) Direct the City Manager/Executive Director to negotiate an Exclusive Negotiation Agreement (ENA) with the selected team over a six-month period; and
3) Name The Olson Company, LINC Housing, and National Community Renaissance as second place in the RFQ/P process. In the event the parties with the top development team are unable to reach an agreement during the six-month period, the City Manager/Executive Director is authorized to enter into ENA negotiation with the second place development team.
City Manager Saeki and Interim Director Pongetti presented the report and answered questions regarding the Affordable Housing and Sustainable Communities (AHSC) Program funding and requirements; the availability of submitted proposals from the development teams; the requirement of an Environmental Impact Report; and a schedule for the project.
MOTION
Council Member Dutra moved and Council Member Bouchot seconded a motion to 1) select the Uptown Community Partners (City Ventures, Thomas Safran and Associates, Gentefy, and SVA Architects) as the top development team under the Surplus Land Act compliant Alpha Beta and Uptown North Sites RFQIP process; 2) direct the City Manager/Executive Director to negotiate an Exclusive Negotiation Agreement (ENA) with the selected team over a six-month period; and 3) name The Olson Company, LINC Housing, and National Community Renaissance as second place in the RFQ/P process. In the event the parties with Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 22, 2022 Page 8 of 9
the top development team are unable to reach an agreement during the six-month period, the City Manager/Executive Director is authorized to enter into ENA negotiation with the second place development team. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
14.C. City of Whittier Health Facility Revenue Bonds (PIH Health), Series 2022A
Recommendation: Adopt Resolution No. 2022-22 authorizing the issuance, sale, and delivery of certain revenue bonds to refinance certain health facilities for the benefit of PIH Health, Inc. (“PIH Health”) and certain of its affiliates, including PIH Health Whittier Hospital (formerly known as PIH Health Hospital — Whitter) (“PIH-W’), and the execution and delivery of certain documents and certain other actions in connection therewith.
City Manager Saeki answered a question regarding the sunset of the bond loan.
MOTION
Council Member Dutra moved and Council Member Bouchot seconded a motion to adopt Resolution No. 2022-22 authorizing the issuance, sale, and delivery of certain revenue bonds to refinance certain health facilities for the benefit of PIH Health, Inc. (“PIH Health”) and certain of its affiliates, including PIH Health Whittier Hospital (formerly known as PIH Health Hospital — Whitter) (“PIH-W’), and the execution and delivery of certain documents and certain other actions in connection therewith. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
14.D. Greenleaf Promenade
Recommendation: Provide direction on interim improvements to Greenleaf Avenue prior to construction, if appropriate adopt Resolution No. 2022-23 authorizing funds for improvements, and provide direction on modification of encroachment permits and timeline.
Interim Improvements for Greenleaf Promenade Discussion City Manager Saeki presented the report. City Manager Saeki, Director Cason, and Manager Galvin-~urbatoviá answered questions regarding the Uptown Whittier Improvement Association’s budget and expenditures; the City’s monetary contributions toward improvements in Uptown Whittier; the time frame for permanent structures; number of restaurant enclosures; cost of enclosures; encroachment permits; the Chamber of Commerce’s and the Whittier Uptown Association’s positions on the Greenleaf Promenade; and the number of property owners in Uptown.
The City Council deliberated.
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MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve an amended Resolution No. 2022-23, amending the Fiscal Year 2021- 22 budget with a supplemental appropriation for interim improvements for the Greenleaf Promenade, amended to remove Section 3, subsections A and B. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
Encroachment Permit Discussion
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to extend the encroachment permits to February 1, 2023. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
CONSENSUS
By consensus, the City Council directed staff to bring back a report regarding increasing security on the Greenleaf Promenade; rebranding and marketing information for the Greenleaf Promenade; and the potential to create a task force to assist the retail business owners.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Dutra discussed attending the Business Expo event hosted by the Chamber; a Metro Board Meeting regarding the Gold Line; and the passing of Harold Potter.
Council Member Bouchot discussed the Jose Ramos memorial.
Mayor Pro Tern Warner discussed attending the Business Expo event hosted by the Chamber and congratulated Ginny Ball for being selected as the Woman of the Year by the State Senate District.
16. ADJOURNMENT
Mayor Pro Tern Warner adjourned the meeting at 9:54 p.m.