MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MAY 24, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on May 24, 2022. Mayor Vinatieri called the meeting to order [via teleconference] at 6:01 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
None.
3. CLOSED SESSION
3.A. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Jesse Nordquistv. City of Whittier, Worker’s Compensation Court Case Nos. 586892 & 593058
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Angela Balzano v. City of Whittier, Worker’s Compensation Court Case No. 562913
3.C. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: APN 8232-028-020 11280 First Ave
City Negotiator: Brian Saeki
Property Negotiator: NCN Investments
Under Negotiation: Price Terms
3.D. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 6003 Pioneer Blvd
City Negotiator: Brian Saeki
Property Negotiator: Rivers and Mountains Conservancy
Under Negotiation: Price Terms
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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 6:36 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Jessica Martinez, Mayor Pro Tern
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Richard Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Aviv Bar, Chief of Police
Virginia Santana, Director of Park, Recreation and Community Services
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Jones indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Chamber of Commerce Monthly Update
Carol Crosby provided the following updates:
1. Over 600 businesses, individuals, and organizations are Whittier Chamber of Commerce members.
2. The Annual State of the City will take place on Thursday, May 26, 2022, at the DoubleTree Hotel. Seats can be reserved for $25 each by visiting www.whittierchamber.com.
3. Other events hosted by the Chamber include a Non-profit Network Event, Business and Economic Forecast, State of the Nation Event, and the Hathaway Golf Classic.
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8.B. Proclamation for Martin Plourde -Whittier Union High School District Council Member Warner introduced current superintendent Martin Plourde, incoming Superintendent Dr. Monica Oviedo, Assistant Superintendent of Personnel Services Ann Fitzgerald, and Board Member Jaime Lopez.
Mayor Vinatieri read a proclamation for Superintendent Plourde honoring his service to the Whittier Union High School District, its students, and to the City of Whittier.
Superintendent Plourde discussed his career in education and the City Council for presenting him with a proclamation.
The City Council shared personal anecdotes, thanked Superintendent Plourde for his service, and congratulated him on his upcoming retirement.
9. APPROVAL OF AGENDA
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to approve the Agenda. The question was called and the motion carried unanimously.
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.
The following individuals provided live public comments:
Monica Sena; Gwen Woirhaye; Jonita Beedi; Max Graves; David Dickerson; Steven; Max Graves; Jose Valle; Sherri Edwards; Isaiah Leslie Leon Savage; Calvin; and Anthony Martinez.
The following individuals provided teleconference public comments:
Deanna Woirhaye; Stephanie Vallejo; and D.K.
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. Director Cason and his Public Works Staff had a successful Public Works Week.
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2. The grand reopening of the Central Library will take place on June 18, 2022, at 2:00 p.m.
12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Items 12.F., G., and L. for individual consideration.
Council Member Martinez also requested that Item 12.L. be pulled for individual consideration.
Mayor Vinatieri recused himself from Item 12.N. due a conflict of interest since he has a business within 1000 feet of the parking district.
MOTION
Council Member Martinez moved and Council Member Warner seconded a motion to approve the Consent Calendar with the exception of Items 12.F., C., and L, noting Mayor Vinatieri’s recusal on Item 12.N. The question was called and motion carried unanimously.
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.
12.B. Approval of Minutes
Recommendation: Approve the April;26, 2022 Regular Meeting Minutes.
12.C. Use of Digital Transactions and Electronic Signatures Recommendation: Adopt Resolution No. 2022-32 authorizing the use of digital transactions and electronic signatures on City forms, contracts, and other official documents.
12.D. Marketplace DDA Reimbursement
Recommendation: Approve the July through December 2021
reimbursement to Whittier Marketplace, Inc. of the 2021-22 debt service payment on the Community Facilities District 1989-1 bonds in the amount of $250,068, pursuant to the DDA.
12.E. Whittwood Town Center Reimbursement
Recommendation: Approve $251,097 in tax increment and sales tax reimbursement to Whittwood 1768 Inc. pursuant to the Owner Participation Agreement for the Whittwood Town Center.
12.H. Equipment Fuel and Service Truck Replacement
Recommendation: Authorize the purchase of an equipment fuel and service truck from Cobalt Truck Equipment, Las Vegas, Nevada, for $483,957.
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12.1. Lighting Assessment District No. 01-91 (Foxley Drive) Preliminary Budget and Engineer’s Report
Recommendation: Approve the Engineer’s Report for Fiscal Year 2022-23, on Street Lighting Assessment District No. 01-91; and adopt Resolution No. 2022-34 declaring the District’s intention to levy and collect Fiscal Year 2022-23 Foxley Drive Street, Lighting Assessment and setting a time and place for a public hearing on June 28, 2022.
12.J. Adoption of Mitigated Negative Declaration and Mitigation Monitoring Program and Authorization to issue Notice Inviting Bids for the Murphy Reservoir Replacement Project
Recommendation: Adopt Resolution No. 2022-35 adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program.
Whittier Utility Authority approve Plans and Specifications for the Murphy Reservoir Replacement Project and authorize the Secretary to advertise for construction bids.
12.K. Road Maintenance and Rehabilitation Program (RMRA or SB-I) Fiscal Year 2022-23 Funding Resolution
Recommendation: Adopt Resolution No. 2022-36 approving the proposed project in Fiscal Year 2022-23 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
I2.M. Uptown Parking District No. I
Recommendation: Approve the preliminary budget for the Fiscal Year 2022- 23 for Parking District No. I and set a public hearing for 6:00 p.m. on June 28, 2022, in the City Hall Council Chamber to hear public testimony and consider approving the budget and confirming the assessments.
12.N. Uptown Parking District No. 2
Recommendation: Approve the preliminary budget for Fiscal Year 2022-23 for Parking District No. 2 and set a public hearing for 6:00 p.m. on June 28, 2022, in the City Hall Council Chamber to hear public testimony and consider approving the budget and confirming the assessments.
12.0. USBR WaterSMART Drought Response Grant — Adoption of a Resolution
Recommendation: Adopt Resolution No. WUA-2022-03 authorizing the Executive Director, or designee, to prepare and file a grant application; accept and execute agreements; and related documentation to the United States Bureau of Reclamation (USBR) for the WaterSMART Drought Response Program for the Whittier Groundwater Treatment System (WGTS) Expansion Project.
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The following items were pulled for individual consideration:
12.F. Catalytic Converter Ordinance
Recommendation: Introduce and conduct first reading of Ordinance No. 3135 adding Chapter 9.50 to the Municipal Code pertaining to the unlawful possession of catalytic converters.
Assistant City Manager DeLong and Chief Bar answered questions on the catalytic converter ordinance from the City of Lakewood and the prosecution of misdemeanors involving unlawful possession of catalytic converters.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to introduce and conduct first reading of Ordinance No. 3135 adding Chapter
9.50 to the Municipal Code pertaining to the unlawful possession of catalytic converters. The question was called and the motion carried unanimously.
I 2.G. Anaconda and Central Park Improvement Project — Award of Contract Recommendation:
1) Adopt Resolution No. 2022-33 amending FY 2021-22 budget in the amount of $56,240 in supplemental funds to be allocated for the construction of the Anaconda and Central Park Improvement Project; 2) Find the apparent low bid submitted by Jon Gilmer Construction as nonResponsive; 3) Award the construction contract to Western State Builders in the amount of $244,803 for the Anaconda and Central Park Improvement project; 3) Reject all other bids;
4) Authorize the City Manager to execute a construction contract on behalf of the City;
5) Approve $24,480 in contingency for the Anaconda and Central Park Improvement Project subject to the approval of the City Manager.
Director Santana answered questions regarding the resurfacing and the fitness path.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to adopt Resolution No. 2022-33 amending FY 2021-22 budget in the amount of $56,240 in supplemental funds to be allocated for the construction of the Anaconda and Central Park Improvement Project; find the apparent low bid submitted by Jon Gilmer Construction as non-Responsive; award the construction contract to Western State Builders in the amount of $244,803 for the Anaconda and Central Park Improvement project; reject all other bids; authorize the City Manager to execute a construction contract on behalf of the City; and approve $24,480 in contingency for the Anaconda and Central Park Improvement Project subject to the approval of the City Manager. The question was called and the motion carried unanimously.
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12.L. Solid Waste and Recycling Hauler Franchise Agreement Amendments Ordinances
Recommendation:
1) Introduce and conduct first reading of Ordinances No. 3136 and 3137 with Amendments No. 1 to the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (Al 7-161), and the City and Consolidated Disposal Service, L.L.C, dba Republic Services (A17-162), respectively, to add a definition of unauthorized containers, add a section related to enforcement of exclusivity, revise the service zone map and revise the rate schedule to add container size options and pricing for various sized recycling bins.
2) Introduce and conduct first reading of Ordinance No. 3138 finding that the herein ordinance is exempt from review under the California Environmental Quality Act and adopting Amendment No. 2 to an Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services with Arakelian Enterprises, Incorporated, dba Athens Services (Al 7-1 61) adopted by Ordinance No. 3076 to add language to comply with Short-Lived Climate Pollutant Regulations (SB 1383). 3) Set a public hearing at the regular City Council meeting to be held on June 14, 2022, in the City Council Chamber at City Hall at 6:00 p.m. or as soon thereafter as the matter can be heard.
City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding the potential impact of increased trash fees on residents; SB 1383 requirements; compliance issues and delays caused by trash haulers; audit requirements; implementation date of SB 1383; compliance among California cities; establishing the same fees and rates across the city; and additional staff needs.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to introduce and conduct first reading of Ordinances No. 3136 and 3137 with Amendments No. 1 to the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (A17-161), and the City and Consolidated Disposal Service, L.L.C, dba Republic Services (A17-162), respectively, to add a definition of unauthorized containers, add a section related to enforcement of exclusivity, revise the service zone map and revise the rate schedule to add container size options and pricing for various sized recycling bins. The question was called and the motion carried unanimously.
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MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to introduce and conduct first reading of Ordinance No. 3138 finding that the herein ordinance is exempt from review under the California Environmental Quality Act and adopting Amendment No. 2 to an Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services with Arakelian Enterprises, Incorporated, dba Athens Services (A17-161) adopted by Ordinance No. 3076 to add language to comply with Short-Lived Climate Pollutant Regulations (SB 1383). The question was called and the motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to set a public hearing at the regular City Council meeting to be held on June 14, 2022, in the City Council Chamber at City Hall at 6:00 p.m. or as soon thereafter as the matter can be heard. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess at 8:05 p.m. The meeting reconvened at 8:26 p.m. with all Council Members present.
13. PUBLIC HEARINGS
13.A. Generally Prohibit Vehicles Exceeding Three Tons From Using Norwalk Boulevard Between Dorland Street and Hunter Avenue Recommendation: Conduct a public hearing to consider the adoption of Resolution No. 2022-29 to generally prohibit vehicles exceeding three tons from using Norwalk Boulevard between Dorland Street and Hunter Avenue.
Director Cason presented the staff report. City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding the concerns in letter received from the California Truckers Association; alternate routes for truck drivers to consider; infrastructure impacts; speed limits; benefits of allowing trucks to use Norwalk Boulevard; traffic patterns; the City Council’s authority to consider this matter; and the location of FedEx facilities.
Mayor Vinatieri opened the public hearing and indicated that because the item was continued from the May 10, 2022, meeting, members of the public who had previously submitted public comments could not comment tonight.
The following individuals provided live public comments:
Gabriel; James; Francisco Ponce.
The following individuals provided teleconference public comments:
Nick Chiappe.
City Clerk Garcia indicated that were nine public comments that were previously forwarded to and printed for the City Council.
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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.
City Manager Saeki and Chief Bar answered questions regarding amendments to the resolution; overnight restrictions; enforcement; the City of Santa Monica’s limits on three-ton trucks; speeding on Norwalk Boulevard; and other streets in Whittier with weight restrictions.
Mayor Vinatieri closed the public hearing at 9:04 p.m.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to adopt of Resolution No. 2022-29 to generally prohibit vehicles exceeding three tons from using Norwalk Boulevard between Dorland Street and Hunter Avenue. The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.A. Uptown Senior Center Renovation and Improvement Project Recommendation: Provide direction regarding the scope of work for the Uptown Senior Center Renovation and Improvement Project.
Director Santana presented the staff report. City Manager Saeki, Director Santana, and Stephen Finney (architect) answered questions regarding the schedule for completion of Options A, B, and C; the HVAC system; solar energy options; electric vehicle charging stations; current appropriated funds for the project; and additional funding sources.
Scope A ($2.OM)
• Complete ADA required work — Two restrooms and one single accommodation restroom
• ADA Required Site work
• New Mansard Roofing, excluding flat areas of roof housing the HVAC • Cosmetic upgrades
• New entry, awnings, and kitchen
• Interior floor finishes and paint
• Parking lot resurfacing
• Landscape
Scope B ($2.3M)
Scope A plus:
• Enclosure of Courtyard
• HVAC alterations for enclosed courtyard
• Storage Room
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Scope C ($4.IM)
Scopes A and B plus:
• New cabinetry and counters
• New partition walls
• New ceilings
• New interior lighting
• Fire sprinklers
• New roofing at flat roofs
• New HVAC system
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to accept Scope C with an updated schedule of completion that will be provided at a later date. The question was called and the motion carried unanimously.
14.B. Whittwood Ad Hoc Committee
Recommendation: Establish an ad hoc committee on Whittwood to guide negotiations for the amendment of the Whittwood Specific Plan and appoint two Council Members.
City Manager Saeki presented the staff report and answered questions regarding the sunsetting of the Central Library Remodel and Utility Rate Fairness ad hoc committees.
The City Council deliberated.
MOTION
Council Member Warner moved and Mayor Pro Tem Martinez seconded a motion to nominate Mayor Vinatieri and Council Member Dutra to the Whittwood Ad Hoc Committee for a period of 18 months, after which there would be an evaluation of the need for the committee. The question was called and the motion carried unanimously.
14.C. Parnell Park Renovation and Improvement Project — Design Concept Recommendation: Provide recommendations on the conceptual design for the Parnell Park Renovation and Improvement Project.
Director Santana presented the report.
City Manager Saeki and Ad Hoc Committee Members Vinatieri and Warner discussed the potential inclusion of a full high school-sized soccer field for special tournaments.
City Manager Saeki and Director Santana answered questions regarding the planting of trees; addition of pickleball courts; the inclusion of a splash zone; impacts of including a full-sized soccer field; the estimated youth soccer capacity; concerts at the park; and parking.
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MOTION
Council Member Warner and Council Member Martinez seconded a motion to approve the second design (multi-use site) as presented in the staff report. The question was called and the motion carried unanimously.
14.D. Board, Committee and Commission Reappointments I AB 361 Remote Meetings under State Emergency Orders
Recommendation: 1) Consider the following reappointments of qualified incumbent board, commission and committee members:
a) Library Board of Trustees—Laurie Baccus and Kathleen Mann b) Cultural Arts Commission—Pamela Kinnamon-Korporaal
c) Design Review Board—Patrick Craig
d) Parking and Transportation—Laurie Perschbacher
e) Parks, Recreation and Community Services Commission—Don MrIa f) Planning Commission—Richard Quirk
g) Art in Public Places Advisory Committee—Pamela Kinnamon-Korporaal, Sandra Hahn, and Peggy Rowe
2) Provide direction for the conduct of interviews or appointments for scheduled and unscheduled vacancies on advisory committees. 3) If appropriate, adopt Resolution No. 2022-37, 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. 2022-25.
City Clerk Garcia presented the staff report. City Manager Saeki, City Attorney Jones and City Clerk Garcia answered questions regarding the Assembly Bill 361 posting requirements and the conduct of board and commission interviews.
The City Council deliberated.
MOTION
Mayor Pro Tern Martinez moved and Council Member Martinez seconded a motion to reappoint the above-listed incumbent board, commission and committee members. The question was called and the motion carried unanimously.
MOTION
Council Member Martinez moved and Council Member Dutra seconded a motion to conduct interviews for scheduled and unscheduled vacancies on advisory committees exclusively in person; and to adopt Resolution No. 2022-37, 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. 2022-25. The question was called and the motion carried unanimously.
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15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed her participation in a press conference with Board of Supervisor Hilda Solis on behalf of the LA County Sanitation District regarding a new regional park.
Council Member Dutra offered prayers for the families of Uvalde, Texas.
Mayor Pro Tern Martinez discussed AB 2223.
City Manager Saeki indicated that City Staff was working with their legal team to determine whether discussion of such legislation was under the purview of the City Council. Mayor Vinatieri directed City Staff to research what neighboring cities were doing relative to AB 2223.
Mayor Vinatieri thanked the Whittier Police Department and the Los Angeles County Sheriffs Department for apprehending a trio involved in a jewelry store smash-and grab; and discussed allegations of unethical behavior on the Planning Commission.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:28 p.m.