MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
SEPTEMBER 27, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 27, 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 August 23, 2022 Closed Session Minutes.
3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
City Owned Property: APN 8170-029-900 (12540 Whittier Blvd) and 8170- 029-902 (12549 Washington Blvd)
City Negotiator: Brian Saeki, Executive Director
Property Negotiator: William Nascimento, Sycamore Group LLC Under Negotiation: Price and Terms.
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
8139-005-910, 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
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8139-015-902, 6724 Greenleaf Ave
8139-015-901, 6726 Greenleaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms.
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Open Space Legal Defense Fund et al. v. City of Whittier et al. Court Case No. B5128995
3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
City Owned Property: APN: 8139-022-905
Address:701 8 Greenleaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director, Whittier Redevelopment Successor Agency,
Under Negotiation: Price and Terms.
3.F. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency Negotiator: Brian Saeki
Represented and Unrepresented Employee: Whittier City Employees’ Association, Whittier Police Officers’ Association, Whittier Police Management Association, and unrepresented employees
3.G. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: State Route 72, Properties along Whittier Boulevard from Esperanza Avenue to Sorensen Avenue
City Negotiator: Brian Saeki
Property Negotiator: Local Agency Formation Commission, Los Angeles Under Negotiation: Price and Terms.
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri, consistent with mandates of Assembly Bill 361 and locally adopted policies, called the Regular Session to order at 6:37 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
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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
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Martinez led the Pledge of Allegiance.
7. 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 be returning later in the evening.
8. PRESENTATIONS
None.
9. APPROVAL OF AGENDA
City Manager Saeki recommended the removal of Item 14.A. from the agenda to be discussed at a future meeting.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion pull Item 14.A. from the Agenda. The question was called and the motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to approve the Agenda with the exception of Item 14.A. 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:
Monica Sena; George Prather; Johnny Torres; Isaiah Leslie Leon Savage; Ginny Ball; and Maggie Moe.
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The following individuals provided teleconference public comments:
D.K. and 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.
II. CITY MANAGER REPORT
City Manager Saeki provided the following updates:
1. The annual Chalktastic event will take place on October 15, 2022 outside of City Hall.
2. A Halloween family movie night will be taking place at Joe Miller field on October 15, 2022. The featured movie is “Casper.”
3. On the weekend of October 28 through the 30, the Whittier Museum is will be hosting events, including as a hearse show and trick or treating.
4. The annual Spooktacular 5K will be taking place on October 29, 2022.
Mayor Vinatieri invited residents to purchase the Breast Cancer awareness patch for $10 from the Police Department lobby.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.1. for individual consideration.
Council Member Dutra pulled Item 12.M. for individual consideration.
Mayor Vinatieri pulled Item 12.E. for individual consideration.
Council Member Warner recused herself from Item 12.N.
Mayor Vinatieri recused himself from Items 12.G. and 12.1.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.E., I., and M., noting Mayor Vinatieri’s recusal on Items 12.G. and I. and Council Member Warner’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 August 23, 2022 Regular Meeting Minutes and August 30, 2022 Special Meeting Minutes.
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12.C. AB 361 - Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-77, 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. 2022-60.
12.D. Claims Against the City
Recommendation: Deny claims filed by Rudy Hernandez, Michael Ingersoll, and Raymond Gallardo.
12.F. League of Women Voters Candidate Forum
Recommendation: Approve the co-sponsorship of three Candidate Forums with the League of Women Voters, to be held in the Council Chambers on October 10, 2022, and October 13, 2022; broadcast on the municipal access channel; and waive the associated fees.
12.G. 2023 Uptown Business Improvement Area Assessment
Recommendation:
1) Approve the Whittier Uptown Association 2021-2022 Annual Report. 2) Adopt Resolution No. 2022-78 declaring the City’s intention to levy and collect assessments within the Uptown Whittier Business Improvement Area for Calendar Year 2023.
3) Schedule a public hearing to consider the matter on October 25, 2022 at 6:00 p.m.
12.H. Redistricting Professional Services Agreement and Funding Resolution
Recommendation: Authorize the City Manager to execute an agreement with National Demographics Corporation for redistricting consulting services in an amount not to exceed $55,000; and adopt Resolution No. 2022-79 providing funding for the 2020 US Census redistricting community outreach, consulting services, and mapping tools.
12.J. New Three-Story Commercial Building with a Drive-thru Coffee Cafe 12540 Whittier Boulevard; 12549 Washington Boulevard (Whittier Pointe) Development Review No. DRP2I -0017;
Conditional Use Permit No. CUP2I-0001
Recommendation:
Receive and file the Planning Commission action to:
1) Adopt Resolution No. P.C. 2022-14 for a Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program.
2) Approve Resolution No. P.C. 2022-15 for Development Review No.
DRP2I-0017 and Conditional Use Permit No. CUP2I-0001 with conditions of approval.
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12.K. Office of Traffic Safety - Selective Traffic Enforcement Program (STEP) Grant
Recommendation: Adopt Resolution No. 2022-80 amending the Fiscal Year 2022-23 Budget related to supplemental appropriations for the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant.
12.L. Revise Hours for Lee and Erika Owens Park
Recommendation: Adopt Resolution No. 2022-81, setting the hours of operation for Lee and Erika Owens Park to “Sunrise to Sunset.”
12.N. Colima Road Rehabilitation Project — Notice of Completion Recommendation: Accept the work performed by R.J. Noble Company for the Colima Road Rehabilitation Project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
12.0. Murphy Reservoir Construction Management, Inspection, and Monitoring Services — Professional Services Agreement - Award of Contract
Recommendation: Approve and authorize the Executive Director to execute a Professional Services Agreement with Butier Engineering Inc. to provide Construction Management and Inspection Services for a fee not to exceed $721,546; and approve and authorize the Executive Director to execute a Professional Services Agreement for Monitoring Services with Kizh Nation Resources Management for a fee not to exceed $175,000 for the Murphy Reservoir Replacement Project.
12.P. Nomination for the San Gabriel Basin Water Quality Authority Board Alternate Member
Recommendation: Adopt Resolution No. 2022-82 nominating Council Member Cathy Warner to fill a vacancy for the San Gabriel Basin Water Quality Authority Board alternate member representing cities with pumping rights.
12.Q. Savage Canyon Landfill Roadway Improvements — Notice of Completion
Recommendation: Accept the work performed by Pave West, Inc. for the Savage Canyon Landfill Roadway Improvements and authorize the Secretary to file the Notice of Completion on behalf of the Whittier Utility Authority (WUA).
12.R. Amended Military Equipment Use Policy
Recommendation: Introduce and conduct the first reading of Ordinance No. 3141, adopting a policy governing the use of military equipment; an amended Military Equipment Use ordinance, as required by California Assembly Bill 481 and approve the amended Military Equipment Use policy to allow the Whittier Police Department continued use of vital equipment as well as the acquisition of new equipment in the future.
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The following item(s) was/were pulled for individual consideration:
12.E. City Net Outreach and Case Management Services
Recommendation: Approve and authorize the City Manager to execute Amendment No. 2 to Agreement No. A21-119 with City Net to authorize a six-month extension, in an amount not to exceed $163,922.54.
Assistant City Manager DeLong answered questions regarding the scope of services of the contract; cost containment; services provided on weekends; price protections; reduction in individuals experiencing homelessness; and the interaction between City Net and the Police Department.
Chief Bar answered a question on the existence of an ordinance against panhandling.
MOTION
Mayor Vinatieri moved and Council Member Dutra seconded a motion to approve and authorize the City Manager to execute Amendment No. 2 to Agreement No.
A21-119 with City Net to authorize a six-month extension, in an amount not to exceed $163,922.54. The question was called and the motion carried unanimously.
Mayor Vinatieri exited the Council Chambers and Mayor Pro Tem Martinez presided over the meeting.
12.1. Alpha Beta and Uptown North Sites -Exclusive Negotiation Agreement Recommendation: Authorize the City Manager/Executive Director to make any necessary revisions and execute the Exclusive Negotiation Agreement (ENA) between the City and Housing Authority and City Ventures, Thomas Safran and Associates, and Gentefy, under the Surplus Land Act compliant Alpha Beta and Uptown North Sites RFQ/P process.
City Manager Saeki answered questions regarding the historical significance of parcel 8013-013-900 (6703 Comstock Avenue) and future parking in Uptown Whittier.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to authorize the City Manager/Executive Director to make any necessary revisions and execute the Exclusive Negotiation Agreement (ENA) between the City and Housing Authority and City Ventures, Thomas Safran and Associates, and Gentefy, under the Surplus Land Act compliant Alpha Beta and Uptown North Sites RFQ/P process, amending the Exclusive Negotiation Agreement to remove the property at parcel 801 3-013-900 from the project site. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
Mayor Vinatieri re-entered the Council Chambers and presided over the meeting.
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12.M. Beverly Boulevard at Norwalk Boulevard Realignment Project — Proposed Scope Update
Recommendation: Review and approve a proposed update to the scope of work in the Funding Agreement between the City of Whittier and Los Angeles County Metropolitan Transportation Authority (LACMTA) for Beverly Boulevard at Norwalk Boulevard Realignment Project.
Director Cason answered questions regarding LACTMA financial contributions toward the project; additional parking; and benefits to the community.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to approve a proposed update to the scope of work in the Funding Agreement between the City of Whittier and Los Angeles County Metropolitan Transportation Authority (LACMTA) for Beverly Boulevard at Norwalk Boulevard Realignment Project. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Urgency Ordinance Adopting a Temporary Moratorium on Approvals of Large Single-Family Houses
Recommendation: Adopt, as an urgency measure by four-fifths vote, Urgency Ordinance No. 3142 establishing a temporary moratorium on approvals of large single-family homes; and find that such action is categorically exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.
This item was pulled from the Agenda.
14.B. Professional Services Agreement - Los Angeles County Fire Department Station 17 Feasibility Study
Recommendation: Approve and authorize the City Manager to execute a professional services agreement with Gonzalez Goodale Architects (GGA) in the amount of $45,132 to prepare a feasibility study for the expansion of Los Angeles County Fire Department Station 17 located at 12006 Hadley Street in Whittier.
City Manager Saeki presented the report and answered questions regarding the required apparatus and additional equipment; the Los Angeles County’s funding contribution; fire impact fees; developer fees; historic designation of the building; impacts to service during construction; and the determination for a renovation or a remodel.
The City Council deliberated.
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MOTION
Council Member Warner moved and Mayor Pro Tern Martinez seconded a motion to approve and authorize the City Manager to execute a professional services agreement with Gonzalez Goodale Architects (GGA) in the amount of $45,132 to prepare a feasibility study for the expansion of Los Angeles County Fire Department Station 17 located at 12006 Hadley Street in Whittier. The question was called and the motion carried unanimously.
14.C. City Hall East Wing - Building Assessment Report
Recommendation: Receive and file the Building Assessment Report and Feasibility Cost Study for the City Hall East Wing.
Assistant City Manager DeLong presented the report. City Manager Saeki and Assistant City Manager DeLong answered questions regarding the criteria for historical significance and corresponding constraints; difference between the high and medium priority items; potential future uses of the building; costs for external improvements; phasing improvements; costs associated with removal of storage items; relocation of the Police Department’s property division; asbestos; options for renting out office space; historical contingency costs; other projects being undertaken by the city; square footage of the building; and funding contributions toward project.
CONSENSUS
By consensus, the City Council received and filed the Building Assessment Report and Feasibility Cost Study for the City Hall East Wing.
RECESS
Mayor Vinatieri called a recess and indicated he was recusing himself from Item
14.D. The City Council returned to Closed Session. After Closed Session, the meeting reconvened with all members present, except Mayor Vinatieri. Mayor Pro Tern Martinez presided over the meeting.
City Attorney Jones indicated Closed Session had been concluded and there was nothing to report.
14.D. Greenleaf Promenade — Streetscape Design Progress Report Recommendation: Receive and file the progress report on the design for Greenleaf Promenade Streetscape Project.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding maps showcasing the overlay of buildings; location of parking stalls; accessible handicap stalls; location of sidewalks and crosswalks; legal parameters of Americans with Disability Act (ADA) requirements; inclusion of loading zones; budget allocations; and time frame for next steps.
The City Council deliberated.
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CONSENSUS
By consensus, the City Council received and filed the progress report on the design for Greenleaf Promenade Streetscape Project.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner invited residents to visit Parnell Park at 8:30 a.m. for an event hosted by the Police Department. Lieutenants will be there to discuss concerns and issues impacting the community.
Council Member Martinez thanked Chief Bar for creating a great environment and a safe city and expressed his excitement for the city projects being brought to the residents.
Council Member Dutra discussed attending a Job Fair at Rio Hondo College with Metro and indicated he had dinner with the president of Portugal.
Mayor Pro Tern Martinez reminded residents to purchase their Breast Cancer awareness patch and to attend the Whittier Museum Haunted House on Halloween weekend; discussed the recent opening of the California Fish Grill; and thanked staff for all their hard work.
16. ADJOURNMENT
Mayor Pro Tern Martinez adjourned the meeting at 9:42 p.m.