City Council Meeting Agenda Announcement
In-Person Public Comment is now Available
On September 16, 2021, Governor Newsom signed into law Assembly Bill 361, which allows Brown Act bodies to attend meetings telephonically. Please be advised that some, or all, Whittier City Council Members may attend this meeting telephonically.
Speakers must limit their comments to three minutes. Please note, by order of the presiding officer, public comments minutes may be reduced if at their discretion a surplus of public speakers is present at the meeting.
View live open session meeting:
On Cable, Channel 3
Online: www.cityofwhittier.org/Streaming
In person at City Hall, City Council Chamber
Zoom (Details below)
Public Comment options:
Email: [email protected]
In-person for Closed and Open Session in the City Hall Council Chamber Zoom (Details below)
PLEASE ENSURE YOUR ZOOM SOFTWARE IS UPDATED TO PROVIDE LIVE COMMENTS Live Public Comment for CLOSED SESSION: Login or call at 6:00 p.m. and raise your hand. Smart Phone App or Computer: https://us02web.zoom.us/j/98640033144 o Use ‘Raise Hand’ feature.
Phone Call-in: (669) 900-9128 Meeting ID: 986 4003 3144 o Press *9 to ‘Raise Hand’ and then *6 to unmute yourself when prompted.
Live Public Comment for OPEN SESSION: Login or call at 6:30 p.m. and raise your hand. Smart Phone App or Computer: https://us02web.zoom.us/j/95676597390 o Use ‘Raise Hand’ feature.
Phone Call-in: (669) 900-9128 Meeting ID: 956 7659 7390 o Press *9 to ‘Raise Hand’ and then *6 to unmute yourself when prompted.
Email: Please submit public comments at least one hour before the date of the meeting to ensure City Council members receive and have time to review them.
Americans with Disabilities Act
Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Federal Americans with Disabilities Act of 1990. Spanish interpreters are also available.
For information or to request services, please contact the City Clerk at least 24 hours in advance of the meeting at (562) 567-9850.
View recent public comments: https://www.CityOfWhittier.org/PublicComments Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
AGENDA
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
DECEMBER 13, 2022, 6:00 PM
1. CALL TO ORDER - CLOSED SESSION
2. PUBLIC COMMENT ON CLOSED SESSION
The public is invited to comment on any closed session item listed below.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the October 25 and November 8, 2022 Closed Session Minutes
3.B. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Brian Boozell v. City of Whittier, Workers’ Compensation Case No. 588442
3.C. Conference with Legal Counsel – Potential Litigation pursuant to Government Code Section 54956.9(d)(2)
Two Cases
3.D. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Whittier Conservancy v. City of Whittier, Court Case No. 22STCP03523
3.E. 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.
3.F. Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Manager
4. CALL TO ORDER - REGULAR SESSION
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
5. ROLL CALL
Joseph A. Vinatieri, Mayor
Jessica Martinez, Mayor Pro Tem
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member
6. PLEDGE OF ALLEGIANCE
7. CLOSED SESSION REPORT
8. PRESENTATIONS
8.A. Chamber of Commerce Monthly Updates
8.B. Recognition of Michael Sprague - Whittier Daily News
9. APPROVAL OF AGENDA
This is the time for the City Council/Boards of Directors to reorder the agenda, add or delete items, or make changes to the Agenda.
10. PUBLIC COMMENTS
The public is invited to address City Council Members and Directors regarding any item of business or any matter within the bodies subject matter jurisdiction.
Pursuant to State law, City Council Members and Directors cannot take action or express a consensus of approval or disapproval on any communications which do not appear on the printed agenda.
Speakers must limit their comments to three minutes. Please note, by order of the presiding officer, public comments may be limited if at their discretion a surplus of public speakers are present at the meeting.
Detailed instructions on how to provide public comments are provided on the Agenda Announcement Page.
11. CITY MANAGER REPORT
12. JOINT CONSENT CALENDAR
All items on the Consent Calendar may be approved by a single motion. If a Council Member or Director wishes to discuss a Consent Calendar item, the item may be removed from the calendar for individual consideration.
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.
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
12.B. Approval of Minutes
Recommendation: Approve the October 25 and November 8, 2022 Special and Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Guadalupe Aguayo, Brittany Avila, Tara Keneally, and Rosemarie Ontiveros.
12.D. AB 361 – Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-100, 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. 2022-94.
12.E. Records Retention Schedule Update
Recommendation: Adopt Resolution No. 2022-101 approving the 2022 update to the citywide records retention schedules and rescinding Resolution No. 2019-10.
12.F. San Gabriel Basin Water Quality Authority Alternate Board Member Special Election
Recommendation: Adopt Resolution No. 2022-102 casting all votes for Council Member Cathy Warner as an Alternate Board Member to the San Gabriel Basin Water Quality Authority at a Special Election representing cities with prescriptive pumping rights.
12.G. Boards and Commission – Social Services Commission Vacancy Recommendation: Temporarily re-appoint Kathleen McDonnell to a shortterm vacancy on the Social Services Commission until City Council can appoint replacements for two existing vacancies.
12.H. Document Imaging Conversion - Building Plans
Recommendation: Authorize the expenditure of $200,000 with Hyland Software Inc. for the conversion of the City's non-residential building plans from paper to digital format and authorize the City Manager to sign the Service Proposal.
12.I. Marketplace Disposition and Development Agreement (DDA) Reimbursement
Recommendation: Approve the January through June 2022 reimbursement to Whittier Marketplace, Inc. of the 2021-22 debt service payment on the Community Facilities District 1989-1 bonds in the amount of $252,591, pursuant to the DDA.
12.J. Whittwood Town Center Reimbursement
Recommendation: Approve $298,962 in property tax increment and sales tax reimbursement to Whittwood 1768 Inc. pursuant to the Owner Participation Agreement for the Whittwood Town Center.
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
12.K. Annual Assembly Bill 1600 Impact Fee Report
Recommendation: Approve the report pursuant to Government Code Subsection 66006(b)(1) for both the annual and five-year funding requirements.
12.L. Community Facilities District Special Tax Annual Accountability Report
Recommendation: Receive and file the Community Facilities District (CFD) 2019-01 annual report pursuant to the Local Agency Special Tax and Accountability Act for Fiscal Year 2021-22.
12.M. American Rescue Plan Act Allocation of Premium Pay Recommendation:
1) Using American Rescue Plan Act funds, approve premium pay for each eligible Sworn member up to $10,000; each eligible WCEA, Management and Confidential employee up to $5,000; each eligible part-time employee up to $500; and
2) Adopt Resolution No. 2022-103 amending the Fiscal Year 2022-23 Budget with supplemental appropriations for American Rescue Plan Act premium pay.
12.N. Replacement of City Vehicle
Recommendation: Authorize the purchase of a replacement utility truck from Fairway Ford, Placentia, California, for $59,431.
12.O. Los Angeles County Flood Control Transfer Agreement for York Field Stormwater Capture Project
Recommendation:
1) Adopt Resolution No. 2022-104 authorizing the City Manager to sign the Los Angeles County Flood Control District Transfer Agreement for the York Field Stormwater Capture Project on behalf of the City Council. 2) Adopt Resolution No. 2022-105 amending the Fiscal Year 2022-23 budget to include Safe, Clean Water Regional Program funds.
12.P. Purchase of Property at 11280 First Avenue
Recommendation:
1) Authorize the City Manager to execute an agreement for the acquisition of real property located at 11280 First Avenue for the park space along the Greenway Trail East Extension in substantially the form attached. 2) Adopt Resolution No. 2022-106, amending the Fiscal Year 2022-23 budget with a supplemental appropriation for the expenditure of $2,323,575 for the purchase of real property located at 11280 First Avenue and an additional $60,000 for related acquisition costs.
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
12.Q. Purchase of Property at 14590 Whittier Boulevard
Recommendation:
1) Authorize the City Manager to execute an agreement for the acquisition of real property located at 14590 Whittier Boulevard to increase park space in substantial compliance with the provided form. 2) Adopt Resolution No. 2022-107, amending the Fiscal Year 2022-23 budget with a supplemental appropriation from the Park Impact Reserve Fund for the expenditure of $800,000 to purchase real property located at 14590 Whittier Boulevard and an additional $40,000 for related acquisition costs.
13. PUBLIC HEARINGS
Anyone interested in matters scheduled for public hearing may speak for three minutes at the time of the hearing. The applicant and appellant will have up to 20 minutes to present their case and up to an additional 10 minutes to make rebuttal comments at the conclusion of the public hearing. If you challenge any part of the proposed action in court, you may be limited to raising only those issues you or someone else raised during the public hearing.
13.A. Adoption of Mitigated Negative Declaration and Mitigation Monitoring Program for the Murphy Ranch Little League Lighting Project Recommendation: Conduct a public hearing and adopt Resolution No. 2022-108 adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and authorize the City Manager to execute Amendment No. 2 with PBLA Engineering, Inc. for the Murphy Ranch Little League Lighting Project, Agreement A22-017, adding $60,630 to the project plus 10% contingency.
13.B. Continued Public Hearing - Second Reading of Ordinance No. 3143 – Adoption of New Building Code
Recommendation: Conduct the continued public hearing and consider adoption 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.
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
14. STAFF REPORTS
14.A. Puente Hills Habitat Preservation Authority Citizens Technical Advisory Committee Scheduled Vacancy
Recommendation: Select applicants to interview or appoint to serve a fouryear term on the Puente Hills Habitat Preservation Authority Citizens Technical Advisory Committee on behalf of the City for the term expiring February 2027.
14.B. Preferential Parking Districts - Ordinance Update Direction Recommendation: Provide direction for updating the Preferential Parking District Ordinance.
14.C. Republic Services - Amendment No. 2 Franchise Agreement for Solid Waste and Recycling Services
Recommendation: Receive an update on negotiation terms for Amendment No. 2 (Senate Bill 1383, Organic Waste Reductions) to an exclusive franchise agreement for solid waste and recycling services with Republic Services and provide direction as necessary.
If appropriate, introduce and conduct first reading of 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.
If appropriate, set a specific date and time at a regularly scheduled Council meeting for a public hearing to consider adoption of Ordinance No. 3140.
15. COUNCIL MEMBER / DIRECTOR COMMENTS AND CONFERENCE REPORTS
16. ADJOURNMENT
Whittier City Council/Redevelopment Successor Agency/Utility Authority December 13, 2022
Agenda
Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Federal Americans with Disabilities Act of 1990. Spanish interpreters are also available. For information or to request services, please contact the City Clerk at least 24 hours in advance of the meeting at (562) 567-9850.
The agenda packet for regular meetings is available three days before the meeting on http://www.cityofwhittier.org. Materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection; please contact the City Clerk’s Office.
Los servicios relacionados con la discapacidad están disponibles para permitir que las personas con discapacidad participen en esta reunión, de conformidad con la Ley Federal de Estadounidenses con Discapacidades de 1990. También hay intérpretes en español disponibles. Para obtener información o para solicitar servicios, comuníquese con el Secretario Municipal al menos 24 horas antes de la reunión al (562) 567-9850.
El paquete de la agenda para juntas regulares están disponible tres días antes de la reunión en www.cityofwhittier.org. Los materiales distribuidos al Concejo Municipal dentro de las 72 horas de la reunión del Concejo Municipal están disponibles para inspección pública; póngase al contacto con la Oficina de la Secretaria Municipal.
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements.
Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 8th day of December 2022. /s/ Rigoberto Garcia Jr., City Clerk