MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JULY 12, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on July 12, 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. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: Parcels 8150-002-0008; 8150-002-009; 8150-003-021 City Negotiator: Brian Saeki
Property Negotiator: Katheleen Hales P and Patricia S Watts Under Negotiation: Price and Terms.
3.B. Conference with Legal Counsel - Anticipated Litigation significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Two Cases
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 proposed development.
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:_ p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member [via teleconference]
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ABSENT:
Jessica Martinez, Mayor Pro Tern
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
Virginia Santana, Director of Parks, Recreation and Community Services
6. PLEDGE OF ALLEGIANCE
Council Member Dutra led the Pledge of Allegiance.
7. 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
None.
8.B. Employee of the Quarter
8.C. Parks Make Life Better Month
Mayor Vinatieri presented Director Santana with a proclamation for Parks Make Life Better Month.
Director Santana introduced Erin Hamilton, Dennis Cujak, Darren Schmidt, R.J.
Saldana, Stacey Arismendez, and Justin Steele.
9. APPROVAL OF AGENDA
Mayor Vinatieri requested that Item 14.A. be discussed before I 3.A.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to approve the agenda, noting that Item 14.A. will be discussed before 13.A. The question was called and the motion carried 4-0.
10. PUBLIC COMMENTS
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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; Maggie Moe; Adrian Elias Morales; Caroline Medrano; Scott Kalassey; Ralph Ruedas; Isaiah L. Leon Savage; Rolando Cano; Mel Sturr; Marilyn Fant; and Loletta Barrett.
The following individuals provided teleconference public comments:
D.K.; Susan Cameron; and Stephanie Vallejo.
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
No report.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.0. for individual consideration.
Mayor Vinatieri pulled Item 12.M. for individual consideration.
City Attorney Jones recused himself from Item 12.D.
City Clerk Garcia clarified the hourly rate of $230 for the City Attorney addendum.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to approve the Consent Calendar with the exception of Items 12.M. and 0. The question was called and the 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 June 14, 2022 Regular Meeting Minutes.
12.C. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-52, making the legally required findings to authorize the conduct of remote telephonic meetings Whittier City Council/Redevelopment Successor Agency/Utility Authority Agenda July 12, 2022 Page 4 of 12
during the state of emergency for all Brown Act bodies if necessary and rescinding Resolution No. 2022-41.
12.D. Addendum to City Attorney Agreement
Recommendation: Approve Addendum No. 11 to the City Attorney Legal Service Agreement with Jones & Mayer increasing the hourly rate for fees associated with litigation and special projects, and adopt Resolution No. 2022-53, amending the Fiscal Year 2022-23 budget to appropriate additional funding for the city attorney legal services agreement.
12.E. Second Reading of Ordinance No. 3139 - LAFCO Pre-Zoning Ordinance
Recommendation: Conduct second reading and adopt 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.).
12.F. Exclusive Negotiation Agreement for Five Points Property Recommendation: Authorize the Executive Director/City Manager to extend the Exclusive Negotiation Agreement with Sycamore Group LLC for the two Successor Agency parcels located at 12540 Whittier Blvd. and 12549 Washington Blvd. extending the term of the agreement to December 31, 2022.
12.G. 2022 Edward Byrne Memorial Justice Assistance Grant Recommendation: Accept the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $17,458.
12.H. Document Imaging Conversion — Pre-2018 Building Permits - Change Order
Recommendation: Approve Hyland change order to the Document Imaging Conversion project and adopt Resolution No. 2022-54, amending the Fiscal Year 2022-23 budget with a supplemental appropriation for document imaging conversion of pre-2018 building permits.
12.1. Parks Master Plan - Notice Inviting Bids
Recommendation: Approve the specifications for the Parks Master Plan and authorize the City Clerk to advertise for professional service bids.
12.J. 16241 Leffingwell Road (Morningstar Christian Chapel) - Public Sidewalk Easement
Recommendation: Accept the public sidewalk easement from Morningstar Christian Chapel at 16241 Leffingwell Road and authorize the City Clerk to execute the public sidewalk easement document.
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12.K. Edible Food Recovery Program Management - Professional Services Agreement
Recommendation: Approve and authorize the City Manager to execute agreements with KJ Services Environmental Consulting to manage the Edible Food Recovery Program in an amount not to exceed $44,200.
12.L. Engineering Design Services for FY 22-23 Annual Pavement Rehabilitation Project - Professional Services Agreement - Award of Contract
Recommendation: Authorize the City Manager to execute a Professional Services Agreement with Onward Engineering to provide Engineering Design Services for FY 22-23 Annual Pavement Rehabilitation Project for a fee not to exceed $360,865.
12.N. Lambert Road Traffic Signal Synchronization Project — Contract Change Orders
Recommendation: Approve contract change orders with Sturgeon Electric California, LLC. in the amount of $126,934 and adopt Resolution No. 2022- 55, amending the Fiscal Year 2022-2023 budget with a supplemental appropriation for the Lambert Road Traffic Signal Synchronization Project.
12.P. Sewer Assessment User Fee - Fiscal Year 2022-2023 Recommendation: Approve the Engineer’s Report of Sewer User Fees for Fiscal Year 2022-2023.
I 2.Q. Sunset Water Main Replacement -Award of Contract Recommendation:
1) Adopt Resolution No. WUA-2022-06 amending the Fiscal Year 2022-23 Budget for the Sunset Water Main Replacement project;
2) Waive a minor bid irregularity and award the construction contract to Williams Pipeline Contractors, Inc. in the amount of $626,400 for the construction of the Sunset Water Main Replacement project; 3) Reject all other bids;
4) Authorize the Executive Director to sign the contract on behalf of the Whittier Utility Authority; and
5) Approve $62,640 in contingency for the Sunset Water Main Replacement project subject to approval of the Executive Director.
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12.R. Traffic Signal Improvements Project — Award of Contract Hadley Street at Pickering Avenue
Mar Vista Street at Pickering Avenue
Mar Vista Street at Greenleaf Avenue
Recommendation:
1) Adopt Resolution No. 2022-56 amending the Fiscal Year 2022-23 Budget for the Traffic Signal Improvements Project;
2) Award the construction contract to International Line Builders, Inc. dba ILB Electric of Corona, California, in the amount of $1,084,454 for the construction of the Traffic Signal Improvements Project; 3) Reject all other bids; and
4) Authorize the City Manager to sign the contract on behalf of the City.
12.S. Whittier Greenway Trail East Extension Gap Closure Project — Public Use Easement Agreement (Heathfield Spur)
Recommendation: Authorize the City Manager to execute an agreement with the owner of real property commonly known as 16438 Heathfield Drive Whittier, California, having an Assessor’s Parcel Number of 8232-027-055 for public use for the Greenway Trail East Extension Gap Closure; and authorize the City Clerk to execute the public use easement document.
The following items were pulled for individual consideration:
12.M. Murphy Reservoir Replacement Project — Award of Contract Recommendation:
1) Adopt Resolution No. WUA-2022-05 amending the Fiscal Year 2022-23 Budget for the Murphy Reservoir Improvement Project;
2) Award the construction contract to Gateway Pacific Contractors, Inc in the amount of $6,495,000 for the Murphy Reservoir Replacement Project;
3) Authorize the Executive Director to execute a construction contract on behalf of the Whittier Utility Authority; and
4) Approve $649,500 in contingency for the construction of the Murphy Reservoir Replacement project subject to the approval of the Executive Director.
Director Cason answered questions regarding the scope, importance, and funding of the Murphy Reservoir Replacement Project.
MOTION
Mayor Vinatieri moved and Council Member Dutra seconded a motion to 1) adopt Resolution No. WUA-2022-05 amending the Fiscal Year 2022-23 Budget for the Murphy Reservoir Improvement Project; 2) award the construction contract to Gateway Pacific Contractors, Inc in the amount of $6,495,000 for the Murphy Reservoir Replacement Project; 3) authorize the Executive Director to execute a construction contract on behalf of the Whittier Utility Authority; and 4) approve $649,500 in contingency for the construction of the Murphy Reservoir Whittier City Council/Redevelopment Successor Agency/Utility Authority Agenda July 12, 2022 Page7of 12
Replacement project subject to the approval of the Executive Director. The question was called and the motion carried 4-0.
12.0. Republic Services Solid Waste and Recycling Franchise Agreement Amendment Ordinance
Recommendation:
1) Introduce and conduct first reading of Ordinance No. 3140 finding 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 Consolidated Disposal Service, L.L.C., dba Republic Services (A17-162) adopted by Ordinance No. 3077 to add language to comply with Short-Lived Climate Pollutant Regulations (SB 1383).
2) Set a public hearing at the regular City Council meeting to be held on August 23, 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 Attorney Jones and Director Cason answered questions regarding the California Environmental Quality Act requirements; adoption process of the ordinance; and the verbiage of the proposed ordinance.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to 1) introduce and conduct first reading of Ordinance No. 3140 finding 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 Consolidated Disposal Service, L.L.C., dba Republic Services (Al 7-162) adopted by Ordinance No. 3077 to add language to comply with Short-Lived Climate Pollutant Regulations (SB 1383); and 2) set a public hearing at the regular City Council meeting to be held on August 23, 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 4-0.
14.A. Welcome Home Vietnam Veterans Memorial — Honoring Jose Ramos Art Project
Recommendation: Provide direction on the Welcome Home Vietnam Veterans Memorial — Honoring Jose Ramos Art Piece.
Assistant City Manager DeLong presented the report. Assistant City Manager DeLong and Director Santana answered questions regarding the timeline of public meetings associated with the item; the public input process; neighborhood canvassing; public comments received; the change of location; and the reconfiguration of the mural’s design.
The City Council deliberated.
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MOTION
Council Member Dutra moved and Mayor Vinatieri seconded a motion to keep the placement of the Welcome Home Vietnam Veterans Memorial — Honoring Jose Ramos Art Project at Central Park. The question was called and the motion carried 4-0.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
13. PUBLIC HEARINGS
I 3.A. 42-Unit, Three-story, Attached Condominium Residential Development (Villas of Friendly Hills)
9829 La Serna Drive (AIN: 8224-017-022, and 023)
Development Review No. DRP2I-0055
Tentative Tract Map No. TTM2I -0002 (TTM 83435)
Conditional Use Permit No. CUP2I-0007
Recommendation:
1) Conduct a de novo hearing;
2) Adopt Resolution No. 2022-57, adopting a Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Program for Vesting Tentative Tract Map No. TTM2I-0002 (TTM 83435); Development Review No. DRP2I-0055; and Conditional Use Permit No. CUP2I-0007 to construct develop a new 42-unit, three-story attached condominium residential condominium project for the properties located at 9829 La Serna Drive (AIN: 8224-017-022, 023); and
3) Adopt Resolution No. 2022-58, approving Tentative Tract Map No.
TTM2I-0002 (TTM 83435) to Subdivide a 1.84 Acre Single Lot Map for condominium residential purposes; Development Review No. DRP2I0055 to construct and develop a new 42-unit, three-story attached condominium residential project; and Conditional Use Permit No. CUP2I0007 for development hardships from the Whittier Boulevard Specific Plan, Shopping Cluster District for the property located at 9829 La Serna Drive (AIN: 8224-017-022, and 023).
Director Pongetti and Director Cason presented the report.
Council Member Warner disclosed that she attended neighborhood meetings about the proposed projected hosted by residents and has received numerous emails from neighbors about the project containing questions and opinions, but she did not have correspondence or interactions with the developer.
Council Member Dutra indicated that emails he received regarding the project were forwarded to Staff.
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Mayor Vinatieri disclosed that he also attended neighborhood meetings about the proposed projected hosted by residents and has received numerous emails which were reviewed and forwarded to staff.
Council Member Martinez indicated that he received emails regarding the project but did not attend neighborhood meetings.
City Manager Saeki, City Attorney Jones, Director Pongetti, and Director Cason answered questions regarding current zoning for the project; density allowable under the Whittier Boulevard Specific Plan; number of units proposed; traffic studies; green spaces in proposed project; site review plan process; Fire and Police Departments’ approvals; allowed uses for garages and enforceability of these uses; Planning Commission findings; utility connections; easements; outreach conducted by developer; noise concerns and the City’s noise ordinance; on-street parking concerns; and parking restrictions.
Mayor Vinatieri opened the public hearing.
Mark Rael, the applicant, discussed outreach to Shepard of the Hills Lutheran Church and presented on the history of the site; building massing; the initial plan and the proposed site plan; Conditional Use Permit (CUP) considerations; and consistencies between the project and the Housing Element.
Jeanne Muhlestein provided live public comments in favor of the project.
The following individuals provided live public comments opposing the project:
Rolando Cano; Hank Ortega; Raul Lizarraga; Deborah Marzillano; Marsha Schultz; Anthony Velasquez; Ralph Ruedas; Scott Kalassey; Maggie Moe; and Laura.
City Clerk Garcia indicated 29 email correspondences were submitted before the 5:00 p.m. deadline and were previously forwarded to the City Council for review.
The public comments were available for public inspection on the City’s website.
Susan Cameron provided teleconference public comments in favor of the project.
The following individuals provided teleconference public comments in opposition of the project:
D.K.; Brenda Mendez; Stephanie Vallejo; and Emilio Gonzalez.
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.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
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Mark Rael, applicant, addressed a conversation with Davis Rooney, the owner of the office building next to the project site, regarding parking; conversations with the staff of the Whittier Hospital Medial Center; the traffic study; the neighborhood outreach meetings; and the density of the project.
City Attorney Jones, Director Pongetti, Director Cason, Mr. Rael and Charlene So, Ron Nestor, and Jose Alire from Urban Crossroads, Inc. answered questions regarding the parking options; trash receptacles and trash pick-ups; impacts of Accessory Dwelling Units (ADU5) and Senate Bill 9; red curbs; handicap parking and other ADA requirements; width of internal streets; overhangs and pop-ups; previous and current traffic patterns; the traffic study; size of garage; Homeowners’ Association and their Declaration of Covenants, Conditions, and Restrictions (CC&Rs); parking enforcement; jaywalking and safety concerns; subterranean parking options; the potential effect on property values of neighborhood; crosswalk installation; amenities; a photometric study; solar options; and the massing, scale façade, and compatibility of the proposed tower on the corner of La Serna Drive and Janine Drive.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to adopt Resolution No. 2022-57, adopting a Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Program for Vesting Tentative Tract Map No. TTM2I-0002 (TTM 83435); Development Review No. DRP2I0055; and Conditional Use Permit No. CUP2I-0007 to construct develop a new 42-unit, three-story attached condominium residential condominium project for the properties located at 9829 La Serna Drive (AIN: 8224-017-022, 023); and adopt an amended Resolution No. 2022-58, approving Tentative Tract Map No.
TTM2I-0002 (TTM 83435) to Subdivide a 1.84 Acre Single Lot Map for condominium residential purposes; Development Review No. DRP2I-0055 to construct and develop a new 42-unit, three-story attached condominium residential project; and Conditional Use Permit No. CUP2I-0007 for development hardships from the Whittier Boulevard Specific Plan, Shopping Cluster District for the property located at 9829 La Serna Drive (AIN: 8224-017-022, and 023), amending to remove I one unit, for a total of 41 units, and granting the three concessions, including the 300-foot setback from Whittier Blvd, allowing the side setback greater than 10 feet, and allowing less than 30 feet building separation.
The question was called and the motion carried 4-0.
E
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13.B. Local Historic Landmark Designation
6004 Painter Avenue
Certificate of Appropriateness No. HRC2O-0006
Recommendation: Conduct a public hearing to consider adoption of Resolution No. 2022-59, approving Certificate of Appropriateness No.
HRC2O-0006 to authorize placement of the property located at 6004 Painter Ave (J. Clem Arnold House) on the City of Whittier’s Local Official Register of Historic Resources.
City Manager Saeki presented the report.
Mayor Vinatieri opened the public hearing.
The applicant deferred his comments.
There were no 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.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to conduct a public hearing and adopt Resolution No. 2022-59, approving Certificate of Appropriateness No. HRC2O-0006 to authorize placement of the property located at 6004 Painter Ave (J. CIem Arnold House) on the City of Whittier’s Local Official Register of Historic Resources, with a clarification on Recital D to reflect that the building was built by Milwaukee Building Company.
The question was called and the motion carried 4-0.
14. STAFF REPORTS
City Attorney Jones indicated a conflict and exited the Council Chambers.
14.B. November 8, 2022 Charter Amendment Measure — City Prosecutor Recommendation:
1) Adopt Resolution No. 2022-60 calling for the holding of Special Municipal Election for Tuesday, November 8, 2022 to submit to the voters a proposed charter amendment and requesting that the Board of Supervisors of the County of Los Angeles consolidate that election with the Statewide General Election to be held on the same date. 2) Adopt Resolution No. 2022-61 authorizing Council Members to submit arguments, setting priorities for selecting arguments to print, regarding a city measure to be submitted to the voters at the November 8, 2022 Special Municipal Election.
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(a) Shall City Council authorize its members to write an argument in favor and/or against the measure? if yes, by whom?
3) Adopt Resolution No. 2022-62 providing for the filing of rebuttal arguments at the November 8, 2022 Special Municipal Election. (a) Shall the authors have the ability to authorize other entities to submit rebuttal arguments in their place?
4) Adopt Resolution No. 2022-63 amending the Fiscal Year 2022-23 Budget to fund expenses for the Special Municipal Election to be held on November 8, 2022.
5) Choose a letter to identify the measure and provide two alternates.
City Clerk Garcia presented the report.
City Manager Saeki and Mark Mandell, outside legal counsel, answered questions regarding the process requirements, and government codes relevant to amending the charter; costs associated with prosecuting misdemeanors; neighboring cities that prosecute their own misdemeanors; prosecuting Special Directive 7 misdemeanors; and the recall petition for District Attorney George Gascon.
The City Council deliberated.
CONSENSUS
By consensus, the City Council received and filed the report.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS None.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 12:02 a.m.