NOTICE AND CALL OF SPECIAL MEETING BY MAYOR VINATIERI
CONTINUED MEETING FROM AUGUST 23, 2022
MINUTES
WHITTIER CITY COUNCIL
CONTINUED SPECIAL MEETING
COUNCIL CHAMBER, 13230 PENN STREET
AUGUST 30, 2022, 6:30 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on August 30, 2022. Mayor Vinatieri called the meeting to order at 6:30 p.m. in the Admin Committee Room 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 - 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 6:56 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
Scott Porter, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Ben Pongetti, Director of Community Development
Kyle Cason, Director of Public Works
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 2 of 7
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
Assistant City Attorney Porter indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
None.
9. APPROVAL OF AGENDA
MOTION
Council Mernber Dutra moved and Mayor Pro Tern Martinez 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 forwarded and provided copies of the email correspondence to City Council Members for review.
The following individuals provided live public comments:
Bob Henderson and Isaiah L. Leon Savage.
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
None.
12. JOINT CONSENT CALENDAR
None.
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 3 of 7
13. PUBLIC HEARINGS
I 3.A. Continued 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.
SPA21-0001 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.
Mayor Vinatieri indicated that the item was continued from the August 23, 2022 meeting and that once the public hearing reopens, members of the public will be able to comment on the new information.
Director Pongetti presented the staff report. City Manager Saeki and Director Pongetti answered questions regarding parking stall sizes; compact parking options; ground floor units; activating sidewalk frontage; and potential impacts to nearby historical buildings.
Council Member Warner indicated she met with staff earlier to have her questions addressed and no new, relevant information was provided.
Mayor Vinatieri indicated that because his business is not within a 1000-foot radius of the project, he does not have a duty to declare a conflict of interest. This was confirmed by Assistant City Attorney Porter.
Mayor Vinatieri opened the public hearing.
The following individuals provided live public comments:
Bob Henderson; Helen Rahder; Gwen Woirhaye; and Gail Coffer.
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 4 of 7
City Clerk Garcia indicated five email correspondences were received prior to the 5:00 p.m. deadline and were previously forwarded to the City Council.
The following individuals provided teleconference public comments:
D.K.; Susan Cameron; and John Perez.
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.
Matt Waken, applicant, thanked the City Council for consideration of the project and discussed the Specific Plan amendments; parking standards; and the parking management plan.
Kaitlyn Dodson-Hamilton, the environmental consultant, answered questions regarding the traffic study component; floor area ratio (FAR) and density of the project; a noise impact analysis; CEQA requirements; and tandem parking.
City Manager Saeki and Director Pongetti answered questions regarding the number of parking stalls; standards for open parking; tandem parking; the parking management plan; new types of housing allowed under the new specific plan amendment; the inclusionary ordinance; and local control strategies undertaken by the Council.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to 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); 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 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. The motion carried unanimously. The question was called and the motion was carried unanimously.
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 5 of 7
RECESS
Mayor Vinatieri called a recess. The meeting resumed with all Council Members present.
13.B. Continued 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.
City Manager Saeki indicated that the item was continued from the August 23, 2022 meeting.
Director Cason presented the staff report. City Manager Saeki and Director Cason answered questions regarding ownership of Athens and Republic; difference in cost for services; penalties for failure to implement SBI 383; funding options to cover differences in costs between both trash haulers; negotiations with Republic Services; importance of equal rates for residents; health issues related to food waste; and HF&H Consultants’ review of the contract.
Council Member Dutra disclosed he received a phone call from a Republic representative.
Mayor Vinatieri disclosed he had a general conversation regarding this item.
Mayor Pro Tem Martinez disclosed she also had a general conversation regarding this item.
Mayor Vinatieri opened the public hearing.
There were no live public comments.
Stephanie Vallejo provided a teleconference public comment.
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.
Susan Ayala, Manager of Municipal Operations from Republic Services, introduced Manny Gouveia, West Area Municipal Manager for Southern California, and German Hernandez, General Manager.
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 6 of 7
Mr. Gouveia answered questions regarding Republic Services’ profit margin; the reasons for the 6% increase; their experience implementing SB1383 in other cities; non-exclusive agreements; options for reducing costs; the competitiveness of labor rates; location of organic material drop-off; joint contracts with the Los Angeles Sanitation District; composition of the compost collected; the contract negotiators; and employee unions.
Debbie Morris, Senior Project Manager, and Laith Ezzet, Senior Vice President, from HF&H Consultants answered questions regarding the company’s background; other cities with two solid waste haulers; cost structure for services; staff members involved in contract negotiations; and other cities’ responses to price increases.
City Manager Saeki and Director Cason answered questions regarding the city’s attorneys’ involvement in negotiations; AB341 and ABI 826 programs covered by current franchise agreement and rate schedule; haulers’ compliance; the annual cost of a police officer; and liability issues.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to continue the public hearing to a date uncertain to allow the City Attorney’s office and City Staff to continue negotiations with Republic Services. 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.
Assistant City Manager DeLong presented the staff report.
CONSENSUS
By consensus, Council Member Martinez was appointed as the delegate and Mayor Vinatieri as the alternate for the 2022 League of California Cities Conference, giving the delegate the discretion to take a position on the proposed changes to the bylaws. The question was called and the motion carried unanimously.
Whittier City Council Special Meeting Minutes
August 30, 2022 Page 7 of 7
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner thanked colleagues for their diligent work.
Council Member Martinez congratulated the City Council for taking decisions tonight that he believes will benefit the future generations of Whittier.
Council Member Dutra thanked residents for their public input.
Mayor Pro Tern Martinez thanked the Council and Staff for their hard work this evening.
Mayor Vinatieri discussed the Comstock project and thanked the Council and Staff for their hard work with the meetings two weeks in a row.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:21 p.m.
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