MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
NOVEMBER 8, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on November 8, 2022. Mayor Vinatieri called the meeting to order at 6:01 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
Dan Durand provided a public comment on Item 3.D.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the October 11, 2022 Closed Session Minutes.
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Bradley White v. City of Whittier, Claim Nos. 569259 and 584485, Workers Compensation Case
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Stephanie Saunders v. City of Santa Fe Springs (City of Whittier) Court Case No. 19STCV41720
3D. 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. BS128995
3.E. 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 6:31 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
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5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Jessica Martinez, Mayor Pro Tern
Cathy Warner, Council Member
Octavio Martinez, Council Member
ABSENT:
Fernando Dutra, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Russell Miyahira, Deputy City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Jeff Lopez, Management Assistant
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
Deputy City Attorney Miyahira indicated there was nothing to report out of Closed Session for Items 3.A., 3.C., 3.D., 3.E. For Item 3.B., in a 3-1 vote, with Mayor Pro Tern Martinez abstaining, the City Council approved a settlement with Bradley White in the amount of $60,320.
8. PRESENTATIONS
8.A. Blue Star- Airman Aiden Christianson — United States Air Force Management Assistant Lopez read a biography about Aiden Christianson containing his education, training, and ties to the Whittier Community.
Mayor Vinatieri and Mayor Pro Tern Martinez thanked Airman Christianson’s family.
8.B. Small Business Saturday Proclamation
Mayor Vinatieri read a statement about small businesses and proclaimed November 26, 2022, as Small Business Saturday.
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9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Martinez moved and Council Member Martinez seconded a motion to approve the Agenda. The motion carried 4-0.
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:
Cindy and Carol Crosby.
The following individuals provided teleconference public comments:
Victoria Lopez; D.K.; and Veronica Wilkerson.
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 invited residents to the Redistricting Meeting on Tuesday, November 15, 2022 at 6:30 p.m. at the Whittier Central Library.
12. JOINT CONSENT CALENDAR
Mayor Vinatieri pulled Item 12.M. for individual consideration.
MOTION
Council Member Martinez moved and Council Member Warner seconded a motion to approve the Consent Calendar, with the exception of Item 12.M. The question was called and the motion carried 4-0.
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 October 11, 2022 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Alexis Azurdia, Connie Davidson, Leticia Leyva, and Yolanda Leyva.
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12.D. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-94, 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. 2022-88.
12.E. 2023 Whittier Uptown Association Agreement
Recommendation: Approve the administrative agreement between the City of Whittier and the Whittier Uptown Association for calendar year 2023 and authorize the City Manager to execute the agreement.
12.F. DripCycle
6724 Bright Avenue
Conditional Use Permit No. CUP22-0014
Recommendation: Receive and file the Planning Commission action approving Conditional Use Permit No. CUP22-0014 with amended conditions of approval to allow the operation of a stationary bicycle studio and extended hours of operation starting at 5:00 a.m. on Monday through Sunday including holidays for a business located at 6724 Bright Avenue.
12.G. Victory Outreach Church
11750 Whittier Boulevard
Conditional Use Permit No. CUP2I-0011
Recommendation: Receive and file the Planning Commission action approving Conditional Use Permit No. CUP2I-0011 with amended conditions of approval to authorize a new church in an existing commercial building for the property located at 11750 Whittier Boulevard.
12.H. Mills Act Agreement No. MAA2I-0002
6522 Washington Avenue
Recommendation: Accept the Historic Resources Commission’s recommendation to approve a Mills Act Agreement, and:
1) Find that the project is categorically exempt pursuant to Class 31, Section 15331 of the California Environmental Quality Act guidelines; 2) Adopt Resolution No. 2022-95, approving Mills Act Agreement No.
MAA2I-0002 with the property owner of 6522 Washington Avenue; and 3) Authorize the Mayor to sign the Mills Act Agreement contract.
12.1. State of California Specified Grant for the Murphy Ranch BaIlfield Lighting Project
Recommendation:
1) Adopt Resolution No. 2022-96 to submit an application for the State of California Specified Grant funds for the Murphy Ranch Ballfield lighting project; and
2) Authorize the City Manager to conduct all negotiations, and sign and submit all documents, necessary for the completion of the Grant.
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12.J. Whittier Community Center Theatre Lighting Project — Purchase of Equipment
Recommendation: Approve City Staff to purchase necessary equipment for the Whittier Community Center Theatre Lighting project and adopt Resolution No. 2022-97 amending the Fiscal Year 2022-23 Budget for the expenditure of approximately $319,620 to fund the purchase.
12.K. Disposition of City Property (Vehicles and Equipment) Recommendation:
1) Declare the following vehicles and equipment to be surplus:
No. 11322, 2012 Nissan Altima;
No. 11309, 2007 Toyota Camry;
No. 13394, 2015 Ford Police Utility Interceptor;
No. 13396, 2015 Ford Police Utility Interceptor;
No. 14706, 2000 GMC Safari Van;
No. 15831, 2017 Kawasaki Motorcycle;
No. 15838, 2008 Honda Motorcycle;
No. 15839, 2014 Kawasaki Motorcycle;
No. 16206, 2011 Ford F-150 4X4 Crew-Cab Truck;
No. 16440, 2012 Chevrolet Colorado Extended Cab Truck;
No. 17156, 1998 International Dump Truck;
No. 18425, 1989 Ford CT-900 Dump Truck;
No. 23635, 2007 Ford F-350 Truck with Valve Turner;
No. 25433, 2004 Ford Stakebed Dump Truck;
No. 31670, 2008 JCB 3CX Backhoe Loader;
No. 39740, 1997 Generac Generator;
No. 195, 2011 Ford E-450 Cutaway Van;
No. 41506, 2006 Ford E-450 Cutaway Van; and
2) Direct staff to sell the surplus vehicles and equipment at public auction to the highest bidder.
12.L. Greenhouse Gas Emissions Inventory Report
Recommendation: Receive and file the City of Whittier’s 2019 Community Greenhouse Gas (GHG) Emissions Inventory Report.
12.N. Replacement of City Vehicles
Recommendation:
1) Authorize the purchase of two replacement class 4 trucks from Fairway Ford, Placentia, California, for $102,773;
2) Authorize the purchase of a replacement class 4 truck from Fairway Ford, Placentia, California, for $54,804;
3) Authorize the purchase of a replacement utility truck from Fairway Ford, Placentia, California, for $63,841; and
4) Authorize the purchase of a replacement box van from Fairway Ford, Placentia, California, for $69,463.
12.0. Sewer Cleaning Truck Replacement
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Recommendation: Authorize the purchase of a replacement sewer cleaning truck from Haaker Equipment Company, La Verne, California, for $768,119 and adopt Resolution No. 2022-98, amending the Fiscal Year 2022-2023 Budget to appropriate an additional $118,119 from the Mobile Equipment Replacement Fund to fully fund the sewer cleaning truck purchase.
12.P. Whittier Senior Center Addition and Renovation Project — Notice Inviting Bids
Recommendation:
1) Approve the plans and specifications for the Whittier Senior Center Addition & Renovation Project located at 13225 Walnut Street; 2) Find the Project is Categorically Exempt pursuant to Section 15301 of the California Environmental Quality Act guidelines (Existing Facilities); and 3) Authorize the City Clerk to advertise for construction bids.
The following item was pulled for individual consideration:
12.M. Preferential Parking Districts - Program Update Final Report Recommendation: Receive and file the Preferential Parking District Program Evaluation Study — Final Report prepared by Walker Consultants.
City Manager Saeki and Director Cason answered questions regarding next steps for the item and public hearing requirements.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to receive and file the Preferential Parking District Program Evaluation Study — Final Report prepared by Walker Consultants. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
13.A. Adoption of New Building Code
Recommendation:
1) Determine that adoption by reference of the 2022 California Building Standards Code is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule) and authorize staff to file a Notice of Exemption with the County of Los Angeles.
2) Adopt Resolution No. 2022-99 setting forth findings with respect to local conditions within the City of Whittier which make certain modifications and changes to the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code and with errata and as amended by the State of California reasonably necessary because of local climactic, geological or topographical conditions.
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3) Introduce and conduct first reading of Ordinance No. 3143 adopting by reference the 2022 Editions of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Swimming Pool and Spa Code, the 1997 Abatement of Dangerous Buildings Code and the 1997 Uniform Housing Code, with appendices and amendments thereto, renumbering of certain existing provisions of the Whittier Municipal Code and adopting local amendments thereto and finding that the adoption of these local amendments is exempt from the California Environmental Quality Act. 4) Authorize staff to publish a summary of Ordinance No. 3143 pursuant to Government Code Section 6066 and to file a notice of the changes and modifications with the California Building Standards Commission.
Director Pongetti presented the report and answered questions regarding the purpose of this item and how often it must be conducted.
Mayor Vinatieri opened the public hearing.
There were no public comments.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to determine that adoption by reference of the 2022 California Building Standards Code is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) and authorize staff to file a Notice of Exemption with the County of Los Angeles; adopt Resolution No. 2022-99 setting forth findings with respect to local conditions within the City of Whittier which make certain modifications and changes to the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code and with errata and as amended by the State of California reasonably necessary because of local climactic, geological or topographical conditions; introduce and conduct first reading of Ordinance No. 3143 adopting by reference the 2022 Editions of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Swimming Pool and Spa Code, the 1997 Abatement of Dangerous Buildings Code and the 1997 Uniform Housing Code, with appendices and amendments thereto, renumbering of certain existing provisions of the Whittier Municipal Code and adopting local amendments thereto and finding that the adoption of these local amendments is exempt from the California Environmental Quality Act.; authorize staff to publish a summary of Ordinance No. 3143 pursuant to Government Code Section 6066 and to file a Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes November 8, 2022 Page 8 of 9
notice of the changes and modifications with the California Building Standards Commission; and continue the public hearing to the December 13, 2022 at 6:00 p.m. The question was called and the motion carried 4-0.
Mayor Vinatieri indicated he would recuse himself because he previously declared a conflict of interest on the next item. Mayor Pro Tem Martinez presided over the meeting.
14. STAFF REPORTS
14.A. Greenleaf Promenade — Streetscape Design Progress Report Recommendation: Receive and file the progress report on the 30% design for Greenleaf Promenade Streetscape Project; and authorize the City Manager to execute Amendment No. I with SWA for the Greenleaf Promenade Projected Professional Service Agreement A22-039, adding $675,200 to the project.
Director Cason presented the staff report. City Manager Saeki and Director Cason answered questions regarding sketches of elevations; opportunities for input on the design concept; location of parklets; and water stations.
MOTION
Council Member Martinez moved and Council Member Warner seconded a motion to receive and file the progress report on the 30% design for Greenleaf Promenade Streetscape Project; and authorize the City Manager to execute Amendment No. I with SWA for the Greenleaf Promenade Projected Professional Service Agreement A22-039, adding $675,200 to the project. The question was called and the motion carried 3-0.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed attending the ribbon cutting at Anaconda Park and the Hispanic Outreach Taskforce Day of the Dead event; and indicated she would be visiting the Whittier Union High School District Board Meeting to recognize two colleagues, Jeff Baird and Leighton Anderson, who have each served 25 years on the board and are retiring.
Council Member Martinez thanked Jeff Baird and Leighton Anderson for their services to the Whittier Union High School District Board and to its students; and reminded residents of the importance of gratitude.
Mayor Pro Tern Martinez reminded residents to attend the Veterans’ Day celebration on Friday, November 11, 2022.
Mayor Vinatieri asked about staffs work on the fentanyl report; invited residents to the Veterans’ Day Celebration on November 11, 2022, at Central Park beginning at 10 a.m.; thanked Jeff Baird and Leighton Anderson for their years of service to the Whittier Community; and wished all residents a wonderful Thanksgiving Holiday.
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16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 7:34 p.m.
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