MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
WHITTIER HOUSING AUTHORITY
WHITTIER PUBLIC FINANCING AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JUNE 28, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on June 28, 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
None.
3. CLOSED SESSION
3.A. Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Manager
3.B. Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Attorney
3.C. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54957(b)(1)
Jerahm Orozco v. City of Whittier Case No. 21-591600-1 09
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Raphael Longakit v. City of Whittier Case No. 22-591230-026
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 6:40 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 Tem
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member
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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
Erin Hamilton, Community Services Manager
Luis Escobedo, Planning Services Manager
Alice Hui, Director of Finance
Yolanda Martinez, Director of Human Resources/Risk Management
6. PLEDGE OF ALLEGIANCE
City Attorney Jones led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated that by a unanimous vote, the City Council agreed to settle the matter of Jerahm Orozco v. City of Whittier for an amount of $25,450, and the matter of Raphael Longakit v. City of Whittier for an amount of $27,542.
8. PRESENTATIONS
None.
9. APPROVAL OF AGENDA
Mayor Vinatieri recommended that Item 14.A. be considered after the Consent Calendar.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to consider Item 14.A. after the Consent Calendar and approve the Agenda. The motion carried unanimously.
10. PUBLIC COMMENTS
Mayor Vinatieri stated that public comment options were made available to the public for participation by email, in-person, and Zoom. Staff forwarded and provided copies of the email correspondence to City Council Members for review.
City Clerk Garcia indicated that three email public comments were received prior to the 5:00 p.m. deadline and were previously forwarded to the City Council.
The following individuals provided live public comments:
Monica Sena; Moses Beltran; Silvia Ramos; Samantha Shane; Steven Hernandez; Alex Campano; Isaiah L. Leon Savage; Keith Anglin; Linda Guerrido; Claudia Prado; Carol Crosby; Melinda Pina; Justin Tipton; Frank Rinaldi; Quan Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes June 28, 2022 Page 3 of 14
Lee; Paul Vernier; Gwen Woirhaye; Ralph Paredes; Elizabeth; Hecmad Zadeh; Ernie Avila; Amanda Madrid; and Joe Pimenta.
The following individual provided teleconference public comments:
Susan Cameron.
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 is offering three cooling stations at Parnell Park, Palm Park, and the Community Center from 8:00 a.m. to 9:00 p.m.
2. The City of Whittier is starting off the Fourth of July festivities at 9:00 a.m. with a flag raising ceremony, followed by a freedom walk along the Greenway Trail at 10:00 a.m., and concluding with the annual firework show at York Field. Gates open at 5:00 p.m. and the show begins at 9:00 p.m.
Director Cason provided an update on the City of Whittier’s water shortage contingency plan and drought regulations and answered questions regarding violations and enforcement; water meter reading; and Suburban Water Systems water management plan.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.J. for individual consideration.
Council Member Dutra pulled Item 12.E. for Individual consideration.
Mayor Vinatieri pulled Item 12.Q. for individual consideration.
Mayor Vinatieri recused himself from Item 1 2.G. due to a conflict of interest since he owns a business within a 1000-foot radius.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar with the exception of Items 12.E., J., and Q.
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 May 17, 2022, Special Meeting Minutes and the May 24, 2022, Regular Meeting Minutes.
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12.C. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-41, 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. 2022-37.
12.D. 2022-23 Whittier Chamber of Commerce Agreement
Recommendation: Renew an agreement with the Whittier Area Chamber of Commerce for the period of July 1, 2022, to June 30, 2023, and authorize the City Manager to execute the agreement in the amount of $80,000.
12.F. Fiscal Year 2022-23 Investment Policy
Recommendation: Approve the proposed Fiscal Year 2022-23 Investment Policy.
12.G. PIH Health, Inc
6557 Greenleaf Avenue
Conditional Use Permit No. CUP22-0004
Recommendation: Receive and file the Planning Commission action approving with conditions Conditional Use Permit No. CUP22-0004, an application to increase the number of permitted employees at an existing commercial office building for the property located at 6557 Greenleaf Avenue.
12.H. Azabu Restaurant
13117-13119 Philadelphia Street
Conditional Use Permit No. CUP22-0008
Recommendation: Receive and file the Planning Commission action approving Conditional Use Permit No. CUP22-0008, an application to expand an existing restaurant into adjacent space including outdoor alcove seating area located at 13117 Philadelphia Street; upgrade an existing Type 41 (Beer & Wine) to a Type 47 (general alcohol sales license); and extend the hours of operation to 6:00 a.m. to 2:00 a.m. on Thursdays through Saturdays and holidays.
12.1. ALVAREZ MILLS ACT AGREEMENT
6741 Hillside Lane (College Hills Historic District)
Mills Act Agreement No. MAA2I-0001
Recommendation: Accept the Historic Resources Commission recommendation to approve a Mills Act Agreement, and;
1) Find that this project is categorically exempt pursuant to Class 31, Section 15331 of the California Environmental Quality Act guidelines; 2) Adopt Resolution No. 2022-43 approving Mills Act Agreement No.
MAA2I-0001 to approve a Mills Act Agreement with the property owner of 6741 Hillside Lane; and,
3) Authorize the Mayor to sign the Mills Act contract.
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12.K. Shared Use Agreement with the YMCA of Greater Whittier Recommendation: Authorize the City Manager to execute an agreement with The YMCA of Greater Whittier for childcare activities at Leffingwell Park located at 10537 Santa Gertrudes Avenue through June 30, 2023.
12.L. 16424-16440 Whittier Boulevard - Landscape Maintenance Agreement Recommendation: Approve and authorize the City Manager to execute an agreement with the State of California, Department of Transportation (Caltrans) for the City to accept maintenance responsibility on the frontage of 16424-16440 Whittier Boulevard.
12.M. Catch Basin Cleaning - Contract
Recommendation: Approve and authorize the City Manager to execute a five-year contract for Catch Basin Cleaning to Ron’s Maintenance Inc. (RMI) of Downey, California, not to exceed $46,500 annually, in substantial conformance with the provided agreement.
12.N. Final Parcel Map 82832 - 11716 Floral Drive
Recommendation: Approve Final Parcel Map No. 82832 in substantial conformance and authorize the City Clerk, City Treasurer, and City Engineer to sign on behalf of the City; and approve the Subdivision Improvement Agreement in substantial conformance and authorize the City Manager to sign on behalf of the City.
12.0. Development of a Local Roadway Safety Plan — Professional Services Agreement - Award of Contract
Recommendation: Adopt Resolution No. 2022-44 amending Fiscal Year 2021-22 Budget with a supplemental appropriation of for the Highway Safety Improvement Program funds to the Local Roadway Safety Plan; and authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. to provide Professional Services for Development of a Local Roadway Safety Plan in the amount of $76,638.
I 2.P. Sewer Main Replacement Phase 2 Project - Notice of Completion Recommendation: Accept the work performed by Vasilj, Inc. for the Sewer Main Replacement Phase 2 Project and authorize the Secretary to file the Notice of Completion on behalf of the Whittier Utility Authority.
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The following items were pulled for individual consideration:
12.E. Update City Fee Schedule
Recommendation:
1) Provide notice that no new levy, fee, service charge, nor increase to fees or service charges is recommended with the proposed update to the City Fee Schedule.
2) Approve the deletion of obsolete specified user fees from the Building & Safety, Parks, Planning, and Library Departments.
3) Define that the Library Department ‘Processing Fee’ is restricted and limited to when a Library item is replaced by renaming the fee ‘Item Replacement Processing Fee’.
4) Adopt Resolution No. 2022-42 rescinding Resolution No. 8865 and proposing fee eliminations and re-naming of fees for various Department Related Services to establish the City Fee Schedule.
City Manager Saeki answered questions regarding general updates to the fee schedule and fees for awnings.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Resolution No. 2022-42 rescinding Resolution No. 8865 and proposing fee eliminations and re-naming of fees for various Department Related Services to establish the City Fee Schedule and waiving fees for Certificates of Appropriation and Mills Act agreements for a period of approximately one year.
The question was called and the motion carried unanimously.
12.J. Dial-A-Ride Professional Services Agreement - Award of Contract Recommendation: Award the contract to operate the Dial-A-Ride system to PCAM, LLC, effective July 1, 2022, through June 30, 2023; and authorize the City Manager to execute the agreement on behalf of the City, $1,809,624.
City Manager Saeki and Manager Hamilton answered questions regarding provider selection and employment status for individuals from previous provider.
MOTION
Council Member Warner moved and Mayor Pro Tem Martinez seconded a motion to award the contract to operate the Dial-A-Ride system to PCAM, LLC, effective July 1, 2022, through June 30, 2023; and authorize the City Manager to execute the agreement on behalf of the City, $1,809,624. The question was called and the motion carried unanimously.
LI
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12.Q. Body Worn Camera Purchase
Recommendation:
1) Approve a five-year purchase and services agreement with AXON for 150 police body-worn cameras (BWCs) in the amount of $1,028,743. 2) Approve the purchase of broadband equipment and network speed upgrades in support of uploading and downloading BWC data in the amount of $110,000.
3) Adopt Resolution No. 2022-45 appropriating funding for the agreement, the infrastructure costs, and the Police Forensic Specialist position.
Chief Bar answered questions regarding current practices for body cameras; policies in other police departments; the importance of body worn cameras; body worn camera deployment policies; and benefits of body worn cameras.
MOTION
Council Member Warner moved and Mayor Pro Tem Martinez seconded a motion to approve a five-year purchase and services agreement with AXON for 150 police body-worn cameras (BWC5) in the amount of $1,028,743; approve the purchase of broadband equipment and network speed upgrades in support of uploading and downloading BWC data in the amount of $110,000; and adopt Resolution No. 2022-45 appropriating funding for the agreement, the infrastructure costs, and the Police Forensic Specialist position. The question was called and the motion carried unanimously.
Mayor Vinatieri recused himself from the item and exited the meeting due to a conflict of interest since he owns a business on Greenleaf Avenue. Mayor Pro Tem Martinez presided over the meeting.
14.A. Greenleaf Promenade — Design Options
Recommendation: Provide direction on conceptual design for SWA for Greenleaf Promenade.
Options for City Council Consideration:
Gardens of Uptown
• Maintains vehicular circulation
• Mix of parallel and diagonal parking
• Small seating parklets in select parking spots
• New and enhanced landscaping
• Mix of existing and new trees
Pedestrian Promenade
• Pedestrian-only street experience
• Park-like environment
• Large dining and gathering patios
• New and enhanced landscaping
• Mix of existing and new trees
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Open Street Promenade
• Maintains vehicular circulation
• Drop-off zones and handicap parking provided
• Large dining and gathering patios
• New and enhanced landscaping
• All-new trees
City Manager Saeki and Director Cason presented the report. City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding square footage for proposed parklets; costs of installing and removing enclosures; sidewalk width; tree retention; parking options; Health Department requirements for outdoor dining; compliance with the Americans with Disabilities Act (ADA); lighting; membership in the Whittier Uptown Association, the Uptown Whittier Improvement Association, and Chamber of Commerce; and safety in Uptown Whittier.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to proceed with the Open Street Promenade design, with the understanding that traffic access will be temporarily closed at a minimum from Thursday through Saturday. The question was called and the motion carried 3- 1-1, Council Member Dutra dissenting and Mayor Vinatieri absent.
RECESS
Mayor Pro Tem Martinez called a recess at 8:20 p.m. The meeting reconvened with all Council Members present.
13. PUBLIC HEARINGS
13.A. Adoption of the City Fiscal Year 2022-23 Budget
Adoption of the Whittier Housing Authority Fiscal Year 2022-23 Budget Adoption of Whittier Utility Authority Fiscal Year 2022-23 Budget Recommendation:
Adopt Resolution No. 2022-46 approving a budget for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023; and adopt Resolution No. 2022-47 approving and adopting the Annual Appropriations Limit for Fiscal Year 2022-23.
Adopt Resolution No. WHA-2022-05 approving the Whittier Housing Authority budget for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.
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Adopt Resolution No. WUA-2022-04 approving the budget for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.
Director Hui presented the report.
Mayor Vinatieri opened the public hearing.
Chris Hardeman provided a live public comment.
There were no provided teleconference public comments.
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 answered a question regarding funding for crossing guard services; the number of crossing guards; and school resources officers.
The City Council deliberated.
CONSENSUS
By consensus, the City Council directed Staff to return with a potential proposal for crossing guard services after discussions with the superintendent.
Mayor Vinatieri closed the public hearing.
The City of Whittier commended Staff on their hard work preparing the budget.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Resolution No. 2022-46 approving a budget for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023; adopt Resolution No. 2022- 47 approving and adopting the Annual Appropriations Limit for Fiscal Year 2022- 23; adopt Resolution No. WHA-2022-05 approving the Whittier Housing Authority budget for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023; and adopt Resolution No. WUA-2022-04 approving the budget for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023. The question was called and the motion carried unanimously.
Mayor Vinatieri recused himself from the item and exited the meeting due to a conflict of interest since he owns a business on Greenleaf Avenue. Mayor Pro Tern Martinez presided over the meeting.
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13.B. Parking District No. I — Fiscal Year 2022-23 Budget Parking District No. 2— Fiscal Year 2022-23 Budget
Recommendation:
Approve the Fiscal Year 2022-23 Budget for Parking District No. I and adopt Resolution No. 2022-48 confirming the City assessment for Fiscal Year 2022-23 for Parking District No. 1 (Multi-Deck).
Approve the Fiscal Year 2022-23 Budget for Parking District No. 2 and adopt Resolution No. 2022-49 confirming the City assessment for Fiscal Year 2022-23 for Parking District No. 2 and ordering assessments to be levied for Parking District No. 2.
Director Cason presented the report.
Mayor Pro Tem Martinez opened the public hearing.
There were no public comments.
Mayor Pro Tern Martinez closed the public hearing.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to approve the Fiscal Year 2022-23 Budget for Parking District No. I and adopt Resolution No. 2022-48 confirming the City assessment for Fiscal Year 2022-23 for Parking District No. I (Multi-Deck); and to approve the Fiscal Year 2022-23 Budget for Parking District No. 2 and adopt Resolution No. 2022-49 confirming the City assessment for Fiscal Year 2022-23 for Parking District No. 2 and ordering assessments to be levied for Parking District No. 2. The question was called and the motion carried unanimously.
Mayor Vinatieri re-entered the meeting.
13.C. Lighting Assessment District No. 01-91 (Foxley Drive) Recommendation: Conduct a public hearing for the levy and collection of assessments for the Foxley Drive Street Lighting Assessment District No. 01-91; and adopt Resolution No. 2022-50 confirming the assessment and diagram including approving the Engineer’s Report for Fiscal Year 2022-23 for Foxley Drive Street Lighting Assessment District No. 01-91.
Director Cason presented the report.
Mayor Vinatieri opened the public hearing. Li
There were no public comments.
Mayor Vinatieri closed the public hearing.
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Director Cason answered a question about assessment changes and collection methods.
MOTION
Council Member Dutra moved and Mayor Pro Tem Martinez seconded a motion to adopt Resolution No. 2022-50 confirming the assessment and diagram including approving the Engineer’s Report for Fiscal Year 2022-23 for Foxley Drive Street Lighting Assessment District No. 01-91. The question was called and the motion carried unanimously.
13.D. Pre-Zoning Ordinance West-Whittier Annexation (City of Whittier Annexation No. 2021 -09)
General Plan Amendment No. GPA22-0002;
Zoning Code Amendment No. ZCA22-0001
Recommendation: Conduct a public hearing and consider introducing and conducting first reading of Ordinance No. 3139 (“Pre-Zoning Ordinance”) to amend the Whittier General Plan and the Official Zoning Map for the proposed 58-acre annexation territory which includes portions of Whittier Boulevard and some of the territory commonly known as West-Whittier-Los Nietos. The consideration of the annexation itself is a separate matter and being conducted pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.).
Manager Escobedo presented the report. City Manager Saeki and Director Cason answered questions regarding properties in the potential annexation area; Regional Housing Needs Assessment (RHNA) numbers; budget implications of annexation; the number of residents added to District 2; timeline for compliance of annexed businesses; clean-up efforts; date of last annexation; service-related staff costs; tax negotiations; and voting requirements for annexation.
Mayor Vinatieri opened the public hearing.
Sean Downey provided live public comments.
Susan Cameron provided teleconference public comments.
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.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
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MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to introduce and conduct the first reading of Ordinance No. 3139 (“Pre-Zoning Ordinance”) to amend the Whittier General Plan and the Official Zoning Map for the proposed 58-acre annexation territory which includes portions of Whittier Boulevard and some of the territory commonly known as West-Whittier-Los Nietos. The consideration of the annexation itself is a separate matter and being conducted pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.). The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.B. Consideration of Charter Amendment Regarding Misdemeanor Prosecution
Recommendation: Provide direction on a potential charter amendment to modify the powers and duties of the City Attorney to authorize the prosecution of misdemeanor offenses by submitting the question to the voters of the City of Whittier at the November 8, 2022, General Statewide Election.
Assistant City Manager DeLong presented the report. City Manager Saeki, City Attorney Jones, and Chief Bar answered questions regarding neighboring cities that prosecute their own misdemeanors; contracting prosecutor services; hiring options; voter outreach information; pros and cons of prosecuting misdemeanors; number of arrests that were not prosecuted by the district attorney; and opportunities for rehabilitation and diversion.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to authorize the inclusion charter amendment to modify the powers and duties of the City Attorney to authorize the prosecution of misdemeanor offenses by submitting the question to the voters of the City of Whittier at the November 8, 2022, General Statewide Election. The question was called and the motion carried unanimously.
14.C. Multi-Way Stop Warrant Study -Anaconda Street at Hornby Avenue Recommendation: Review the Parking and Transportation Commission action denying a request to install multi-way stop at Anaconda Street and Hornby Avenue intersection and take action on the application.
Director Cason presented the report. City Attorney Jones and Director Cason answered questions regarding legal warrants; number of articulated findings; previous Council actions; the warrant history; and traffic patterns.
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Council Member Dutra indicated he lives within 1000 feet of the intersection.
The City Council deliberated.
MOTION
Council Member Dutra moved and Mayor Pro Tem Martinez seconded a motion to deny the Parking and Transportation Commission action denying a request to install multi-way stop at Anaconda Street and Hornby Avenue intersection. The question was called and the motion carried unanimously.
14.D. Fiscal Year 2022-23 Salary Resolution
Recommendation: Adopt Resolution No. 2022-51 adopting the 2022-23 salary resolution and rescinding Resolution No. 2022-31.
City Clerk Garcia provided the salary range disclosure.
MOTION
Council Member Dutra moved and Mayor Pro Tem Martinez seconded a motion to adopt Resolution No. 2022-51 adopting the 2022-23 salary resolution and rescinding Resolution No. 2022-31. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner congratulated Director Maghsoudi for the completion of the Central Library Renovation; discussed receiving compliments for the Police Department’s customer service; and read an email sent by a constituent, Jason Barrio, regarding fiber optics in east Whittier.
Council Member Martinez thanked staff for making him feel welcomed; discussed the Police Department’s new culture; and congratulated Director Maghsoudi for the completion of the Central Library Renovation.
Council Member Dutra invited residents to attend the Metro Board meetings related to discussions of the Metro Gold Line and discussed the passing of his family dog.
Mayor Pro Tern Martinez thanked City Manager Saeki and Chief Bar for bringing forward the item to increase fines for fireworks and discussed the passing of Lanell Whitfield.
Mayor Vinatieri thanked staff for their hard work regarding the budget, the Greenleaf Promenade, misdemeanor prosecutions, and the potential annexation; and invited residents to the Flag Raising and Freedom Walk events at Palm Park and the Fourth of July show at York Field on Monday, July 4, 2022.
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16. ADJOURNMENT — IN MEMORY OF JULIO “JAY” HERNANDEZ
Mayor Vinatieri read a biography of Julio “Jay” Hernandez and discussed his ties and contributions to the Whittier Community.
The Council Members shared personal anecdotes of Jay and offered condolences to his family.
Mayor Vinatieri adjourned the meeting at 10:29 p.m.