MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
WHITTIER HOUSING AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
AUGUST 23, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on August 23, 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. Approval of Minutes - Closed Session
Approve the May 17 & 24, June 14 & 28, and July 12, 2022 Closed Session ri Minutes Li 3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
John Scoggins v. City of Whittier, Claim No. 578852, Worker’s Compensation Case
3.C. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Properties: Former Alpha Beta Site:
8139-005-909- 12813 Bailey Ave
8139-005-91 0, 12802 Hadley St
8139-005-911, 12813 Bailey Ave
8139-005-912, 6557 Comstock Ave
8139-013-901, Milton Ave
8013-013-900, 6703 Comstock
8139-005-904, Comstock Ave
8139-005-905, Comstock Ave
8139-005-906, Comstock Ave
8139-005-907, Comstock Ave
8139-005-908, Comstock Ave
8139-005-902, Green leaf Ave
8139-005-903, Green leaf Ave
8139-004-900, Bright Ave
8139-004-901, Bright Ave
8139-015-900, 6711 Bright
8139-015-902, 6724 Greenleaf Ave
8139-015-901, 6726 Greenleaf Ave
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City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms
3.D. Conference with Legal Counsel - Anticipated Litigation significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
One Case
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 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 L_i
STAFF PRESENT:
Brian Saeki, City Manager
Richard Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Aviv Bar, Chief of Police
Kyle Cason, Director of Public Works
Virginia Santana, Director of Parks, Recreation and Community Services
Ben Pongetti, Director of Community Development
Luis Escobedo, Assistant Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Warner led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Jones indicated there was nothing to report out of Closed Session; however, the City Council did not conclude Closed Session and would return later in the evening.
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8. PRESENTATIONS
8.A. 2021 Governor’s Historic Preservation Award: Guilford Hall — Penn Court Helen Rahder, Whittier Conservancy, described the history of the construction of Guildford Hall—Penn Court and thanked former Council Members Bob Henderson and Owen Newcomer as well as Council Member Dutra. Mary Sullens, Whittier Conservancy, thanked the City of Whittier for their cooperation.
Council Member Dutra thanked Ms. Rahder and Ms. Sullens for their hard work in preparing the application for the award and described his experience with receiving the award in Washington, D.C.
8.B. Friends of the Library Donation
Mayor Vinatieri discussed the Friends of the Library Foundation’s contributions, accepted a donation of $100,000 on behalf of the City of Whittier, and provided the foundation with a proclamation.
Salma Minerd, president of Friends of the Library Foundation, invited residents to visit the Friends of the Library Bookstore.
8.C. Police Department Updates
Chief Bar provided updates regarding changes in reported Part-I crimes; phone calls handled by the dispatch center; calls for service; emergency and non-emergency response times; decreases in injury traffic collisions; compliance check operations; stolen/wanted vehicle plate readers; Whittier patrol areas and the assigned lieutenants; and the crime mapping website (crimemapping .com).
City Manager Saeki and Chief Bar answered questions regarding contact information for the Whittier Police Department; the department’s social media strategy; news releases; speeding and racing statistics; and gun crimes.
9. APPROVAL OF AGENDA
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to approve the Agenda. The motion carried unanimously.
10. PUBLIC COMMENTS
Mayor Vinatieri indicated that any members of the audience who wish to deliver a public comment should line up by the lectern and any members of the public on Zoom who wish to deliver a public comment should raise their hand. Staff Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes /Housing Authority Page 4 of 11
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forwarded and provided copies of the email correspondence to City Council Members for review.
The following individuals provided live public comments:
Martha Romero; Jay Gould; Gwen Woirhaye; Monica Sena; Pastor Oscar Gil; Anna Hinkle; Vada Adams; Tania Cruse; Maggie Moe; Stephanie Vallejo; Isaiah Leslie Leon Savage; Virginia Ball; and Helen Rahder.
The following individuals provided teleconference public comments:
D.K. and Glen McClure.
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 an update on the Splash Pad at the Lee and Erika Owens Park.
12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Items 12.G. and 12.J. for individual consideration.
Mayor Pro Tem Martinez commented on Item 12.M.
Mayor Vinatieri commented on Item 12.N.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.G. and 12.J. 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: Recommendation: Approve the June 28, July 12, 26 & August 9, 2022 Regular Meeting Minutes and July 5 and July 11, 2022 Special Meeting Minutes.
12.C. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-60, 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. 2022-52.
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12.D. Response to Los Angeles County Civil Grand Jury Report on Waterlines
Recommendation: Approve the response to the Los Angeles County Civil Grand Jury Report on Water Utility Maintenance recommendations and authorize the Mayor to execute the letter.
12.E. Fiscal Year 2022-23 Salary Resolution Updates
Recommendation: Adopt Resolution No. 2022-61 adopting the 2022-23 salary resolution and rescinding Resolution No. 2022-51.
12.F. Security System Update
Recommendation: In conformance with Government Code Sections 6254(ab) and 6254.19, approve and authorize the City Manager to execute agreements for the purchase and installation of security systems for City facilities in the amount of $868,261 and adopt Resolution No. 2022-62 amending the Fiscal Year 2022-23 budget with a supplemental funding appropriation of General Fund surplus for the Security System Upgrade.
12.H. Purchase of a Customized Vehicle for the Library’s bookmobile Recommendation: Authorize the purchase of one customized electric vehicle for the “Whittier Public Library On the Go” bookmobile from Valero Service Inc. with grant funds from California State Library, Friends of the Whittier Public Library and Whittier Public Library Foundation in the amount of $81,000.
12.1. Friends of the Library Donation
Recommendation: Adopt Resolution No. 2022-64 amending the Fiscal Year 2022-23 Budget to accept a donation from the Friend of the Whittier Public Library and appropriate $100,000 for Library services and programs.
12.K. Penn Park Playground Improvement Project - Notice Inviting Bids Recommendation: Approve the plans and specifications for the Penn Park Playground Improvement Project; find the Project is Categorically Exempt pursuant to Section 15301 of the California Environmental Quality Act guidelines (Existing Facilities); and authorize the City Clerk to advertise for construction bids.
12.L. Puente Hills Native Habitat Preservation Authority Recommendation: Approve Resolution 2022-66 amending the Fiscal Year 22-23 budget for reimbursement to the Puente Hills Habitat Preservation Authority for Whittier hills and trails maintenance
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12.M. Amendment No. I to Lease Agreement No. A21-15 with Puente Hills Habitat Preservation Authority
Recommendation: Approve Amendment No. I to Lease Agreement No.
A21-154 with Puente Hills Habitat Preservation Authority and authorize the City Manager to execute the amendment on behalf of the City.
12.N. Whittier Community Center Lighting Project -Award of Contract Recommendation:
1) Adopt Resolution No. 2022-67 amending FY 2022-23 budget in the amount of $39,283 in supplemental funds to be allocated for the construction of the Community Center Theater Lighting Project; 2) Award the construction contract to Smart City Electrical Group in the amount of $245,000 for the Community Center Theatre Lighting project; 3) Reject all other bids;
4) Authorize the City Manager to execute a construction contract on behalf of the City; 5) Approve $24,500 in contingency for the Community Center Lighting Project subject to the approval of the City Manager.
12.0. Citywide Guardrail Improvements Project (Phase 1) — Notice of Completion
Recommendation: Accept the work performed by Ace Fence Company for the Citywide Guardrail Improvements Project (Phase 1) and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier
12.P. Police Patrol Vehicle Replacement
Recommendation: Authorize the purchase of eight police patrol vehicles by way of a bid from Sourcewell Contract No. 091521-NAF to National Auto Fleet Group, Watsonville, California, in the amount of $458,371.
12.Q. 22-027 Easement Sewer Cleaning and Video Services — PSA - Award of Contract
Recommendation: Authorize the Executive Director to execute a Professional Services Agreement with Tunnelworks Services, Inc. to provide Easement Sewer Cleaning and Video Services for a fee not to exceed $148,664.
12.R. Prisoner Transport Van Replacement
Recommendation: Authorize the purchase of a prisoner transport van by way of a bid from Sourcewell Contract No. 091521-NAF to National Auto Fleet Group, Watsonville, California, in the amount of $54,246.
12.S. Recycling Payment Program Management - Professional Services Agreements
Recommendation: Approve and authorize the City Manager to execute agreements with KJ Services Environmental Consulting to manage the Fiscal Year 2022-23 Used Oil Payment Program in the amount not to Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes /Housing Authority Page 7 of 11
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exceed $11,100 and Beverage Container Recycling Grant in an amount not to exceed $17,860.
I 2.T. Seasons at the Hoover Acknowledgement of Subordination of Existing Loan and Limited Partner I Administrative General Partner Transfer Request (7035 Greenleaf Avenue)
Recommendation: City Council and Whittier Housing Authority Board authorize the City Manager/Executive Director to execute a Subordination Agreement and authorize a Limited Partner and Administrative General Partner Transfer as requested by LINC Housing for the Seasons at the Hoover senior citizen affordable housing project located at 7035 Greenleaf Avenue.
12.U. Custodial Service Agreement
Recommendation: Award a custodial services contract to Ultimate Maintenance Services for a three-year term effective October 1, 2022, in the amount of $354,516, and reject all other proposals; and authorize the City Manager to execute the agreement on behalf of the City.
The following items were pulled for individual consideration:
12.G. Mills Act Agreement
6004 Painter Avenue
Certificate of Appropriateness No. HRC2O-0007
Recommendation: Accept the Historic Resources Commission’s recommendation to approve a Mills Act Agreement, and:
1) Find that this project is categorically exempt pursuant to Class 31, Section 15331 (Historic Resource Restoration), of the California Environmental Quality Act guidelines;
2) Adopt Resolution No. 2022-63 approving Certificate of Appropriateness No.
HRC2O-0007 to approve a Mills Act Agreement with the property owners of 6004 Painter Avenue; and,
3) Authorize the Mayor to sign the Mills Act Agreement contract.
City Manager Saeki recommended that the City Council re-agendize the discussion of this item to a future meeting and answered a question regarding the typical process for incorporating the Historical Resource Commission’s recommendations.
CONSENSUS
By consensus, the City Council agreed to postpone the discussion of this item to a future meeting.
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12.J. Uptown Senior Center Enhancement Project — Amendment to CWA AlA, Inc. Professional Service Agreement for Architectural and Engineering Services
Recommendation:
1) Authorize the City Manager to execute Amendment No. I with CWA AlA, Inc. for the Uptown Senior Center Professional Service Agreement, adding $128,000 to the contract; and
2) Adopt Resolution No. 2022-65 amending the 2022-23 FY Budget, allocating funds for the project’s construction management.
City Manager Saeki and Director Santana answered questions regarding the scope of the project, increased costs, and progress on the project.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to authorize the City Manager to execute Amendment No. I with CWA AlA, Inc. for the Uptown Senior Center Professional Service Agreement, adding $128,000 to the contract; and adopt Resolution No. 2022-65 amending the 2022-23 FY Budget, allocating funds for the project’s construction management. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
13.A. 52-Unit, Multi-Family Residential Project 12826 Philadelphia Street (The Comstock) Development Review No. DRP2I-0078;
Specific Plan Amendment No. SPA2I -0001; and, Tentative Parcel Map No. TPM22-0004 (TPM 83775)
Recommendation: Conduct a public hearing and take the following actions:
1) Adopt Resolution No. 2022-68 adopting a Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program prepared for Development Review No. DRP2I-0078; Specific Plan Amendment No.
SPA2I -0001; and Tentative Parcel Map No. PM22-0004 (TPM 83775); 2) Adopt Resolution No. 2022-69 approving Specific Plan Amendment No.
SPA2I-0001 to amend the definitions contained within the Uptown Whittier Specific Plan (UWSP) and to amend portions of the development and parking standards in the Specific Plan affecting properties within the entire Specific Plan, as well as amendments to specific standards for parcels in the Uptown Core and Uptown Center areas; and, 3) Adopt Resolution No. 2022-70 approving Development Review No.
DRP2I-0078 to construct a 52-unit, four-story, multi-family residential project, and Tentative Parcel Map No. TPM22-0004 (TPM 83775) to consolidate multiple parcels into a single lot; and Specific Plan Amendment No. SPA2I-0001.
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Director Pongetti presented the staff report. City Manager Saeki, City Attorney Jones, Director Pongetti, Director Cason and Assistant Director Escobedo answered questions regarding tree replacements; the City’s tree manual; the Planning Commission’s recommendation; enforcement of parking and storage uses; the tree removal fee and restricted uses of funds collected; parking requirement reductions; visitor parking; on-street parking prohibitions; the mural policy; easing of the State’s parking standards; alleyway improvements; mechanical rooftop screenings; increasing size of new trees; tandem parking; potential conflicts of interest; Regional Housing Needs Allocation (RHNA) requirements; and the people mover.
Mayor Vinatieri opened the public hearing.
Matt Waken, applicant, discussed the Specific Plan Amendments for this project; previous projects completed; parking ratios; parking manager plan; streetscape improvement plans; alleyway improvements; and parking uses concerns.
Michael Heinrich, the architect, discussed the mechanical equipment units; storage options; the design intent; the landscaping changes; the conceptual elevation; and the materials and color scheme.
Mr. Heinrich demonstrated a video rendering of the project and answer questions regarding the photometric study; the awnings; and family friendly amenities.
The following individuals provided in-person public comments:
Helen Rahder; Carol Crosby; R.D. MacDonald; Karen Schultz; Marsha; Maggie Moe; and Stephanie Vallejo.
City Clerk Garcia indicated that staff received one email correspondence and a letter from the Whittier Conservancy that are on file with the City Clerk Department.
The following individuals provided teleconference public comments:
D.K.; Susan Cameron; and David Barbosa.
Mr. Waken, applicant, discussed covered parking; solar options; potential impacts to the police department; community meetings; and the existing Ficus trees.
City Attorney Jones answered a question regarding California Environmental Quality Act (CEQA) analysis requirement.
Kaitlyn Dodson, the environmental consultant, answered questions regarding amendments to the Uptown Whittier Specific Plan; RHNA requirements; and water demand.
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City Manager Saeki, City Attorney Jones, and Ms. Dodson answered questions regarding the requirement for a global specific plan amendment instead of variances and changing development standards for this specific project.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to continue the public hearing to a special meeting on August 30, 2022 at 6:30 p.m. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
13.B. Second Reading of Ordinance No. 3140 - Republic Services Amendment No. 2
Recommendation: Conduct second reading and adopt Ordinance No. 3140, 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 Consolidated Disposal Service L.L.C. (dba Republic Services) (A17- 162) adopted by Ordinance No. 3077.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to continue the public hearing to a special meeting on August 30, 2022 at 6:30 p.m. The question was called and the motion carried unanimously.
13.C. 2021 -2029 Housing Element Update (GPA22-003)
Recommendation: Conduct a public hearing and consider adopting Resolution No. 2022-71 repealing the 2021-2029 housing element (GPA2I001), adopted October 2021, in its entirety, and approving in its place the updated 2021-2029 Housing Element (GPA22-003).
Director of Community Development Pongetti presented the report.
Mayor Vinatieri opened the public hearing.
There were no in-person public speakers.
City Clerk Garcia indicated one public comment was previously submitted and forwarded to Council Members for review. The public comment is on file with the City Clerk Department.
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Susan Cameron provided teleconference public comment.
Director Pongetti answered a question regarding inclusionary housing and affordable housing options at the former Alpha Beta project.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to adopt Resolution No. 2022-71 repealing the 2021-2029 housing element (GPA2I-001), adopted October 2021, in its entirety, and approving in its place the updated 2021-2029 Housing Element (GPA22-003). The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.A. League of California Cities
Recommendation: Appoint a voting delegate and alternate for the 2022 League of California Cities Conference to be held on September 7-9 in Long Beach.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to continue the item to a special meeting on August 30, 2022 at 6:30 p.m. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner wished her husband, David, a happy birthday.
Council Member Martinez expressed his appreciation for the City of Whittier and its’ staff.
Council Member Dutra discussed events at the skatepark.
Mayor Pro Tem Martinez wished Council Member Warner a happy birthday and welcomed the newly hired police officers and property specialist.
Mayor Vinatieri discussed the birth of his sixth grandson.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 11:17 p.m.
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