MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
DECEMBER 13, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on December 13, 2022. Mayor Vinatieri called the meeting to order at 6:00 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
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
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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 6:42 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
Richard D. Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Dutra 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, so they would be returning later in the evening.
8. PRESENTATIONS
8.A. Chamber of Commerce Monthly Updates
Carol Crosby provided the following updates:
1. Last networking opportunity of the year will be on Wednesday, December 14, 2022 at the DoubleTree Hotel beginning at 11:30 am.
2. Through the Shop Home for the Holidays Program, there have been 1,333 entries in the campaign this year, which represents over $95,000 that have been spent locally since the Thanksgiving weekend. To participate, residents can send receipts of purchases over $20 to infoi~whittierchamber.com.
3. The Silver Shields Awards Banquet will take place on Friday, February 24, 2023.
4. The Business Expo will take place on March 15, 2023 at the DoubleTree.
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8.B. Recognition of Michael Sprague - Whittier Daily News Mayor Vinatieri read and presented Mike Sprague with a proclamation honoring his years of service in reporting on the City of Whittier.
The City Council congratulated Mr. Sprague on his retirement and discussed his professionalism and fairness.
9. APPROVAL OF AGENDA
Mayor Vinatieri recommended that Item I 3.A. be moved before Item 10.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to discuss Item 13.A. before Item 10 and approve the amended Agenda. The motion carried unanimously.
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.
Director Cason presented the report and answered questions regarding lighting impacts to neighboring homes; factors considered under the California Environmental Quality Act (CEQA) process; potential parking issues; biological concerns; observation requirements through the construction phase; bat study; game schedules; and noise concerns.
Council Member Warner indicated she had several conservations with individuals present at the meeting regarding the project.
Mayor Vinatieri indicated he had also had previous conversations regarding the project.
Mayor Vinatieri opened the public hearing.
The following individuals provided live public comments:
Christine Garibay; Logan Garibay; and Mike Abate.
There were no teleconference public comments.
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.
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City Manager Saeki answered questions regarding the time the last baseball game of the night can be played and amplified sounds.
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. 2022-108 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. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting resumed with all Council Members present.
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; Tony Cousimano; Javier Garcia: Ed Guerrero; Veronica Wilkerson; Cecila Perez: Stephanie Cuevas; Kimberly Bandini; Evangeline Martinez; Angeline Martinez; and Dana Hazen.
The following individuals provided teleconference public comments:
David Avirom, Victoria Lopez: D.K.; and Robert King.
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 the following updates:
1. Kimco Realty submitted an application for the purpose of updating zoning document for the Whittwood Towne Center Project. The City of Whittier is legally responsible for processing the application, and an Environmental Impact Report (EIR) will be required.
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2. The City of Whittier received the Gateway Cities Energy Action Award. City Manager Saeki thanked the City Council for their continued investment in energy cost-saving measures and Director Cason and his team for their diligence to ensure the city received credit for their hard work.
3. The City of Whittier was awarded the Distinguished Budget Presentation award by the Government Finance Officers’ Association for the first time, and City Manager Saeki thanked Director Hui and her staff.
4. City Manager Saeki thanked the Whittier Uptown Association, the local schools, youth groups, organizations, businesses, volunteers, Public Works, Whittier Police, and the Parks, Recreation and Community Service Departments for helping put on the Annual Whittier Christmas Parade.
5. Soils samples will be collected on GreenleafAvenue in Uptown Whittier using an underground drill rig in preparation for the first phase of the streetscape project.
6. The City of Whittier is still collecting redistricting map proposals, and they can be submitted to the City Clerk Department. More information can be found at www.cityofwhittier.org/census.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.F. for individual consideration.
Council Member Warner recused herself from Item 12.Q. due a conflict of interest since she has a rental property within a 1000-foot radius.
Council Member Dutra recused himself from Item I 2.Q. due to a conflict of interest since he owns a property within a 1000-foot radius.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar with the exception of Item 12.F., noting Council Members Warner and Dutra’s recusals on Item 12.Q. The question was called and the 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 October 25 and November 8, 2022 Special and Regular Meeting Minutes.
I 2.C. Claims Against the City
Recommendation: Deny claims filed by Guadalupe Aguayo, Brittany Avila, Tara Keneally, and Rosemarie Ontiveros.
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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.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.
12.1. 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.
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.
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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.
12.0. 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.
I 2.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.
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.
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The following item was pulled for individual consideration:
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.
City Manager Saeki presented the report.
Council Member Warner requested the resolution be amended to give Jeffrey K.
Maloney from the City of Alhambra all the City of Whittier votes.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to adopt an amended Resolution No. 2022-102 casting all votes for Jeffrey K.
Maloney from the City of Alhambra as an Alternate Board Member to the San Gabriel Basin Water Quality Authority at a Special Election representing cities with prescriptive pumping rights. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
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.
City Clerk Garcia presented the report.
Mayor Vinatieri opened the public hearing.
There were no public comments for this item.
Director Pongetti answered questions regarding application deadlines and public outreach.
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Mayor Vinatieri closed the public hearing.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to 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. The question was called and the motion carried unanimously.
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.
City Clerk Garcia presented the report.
The City Council deliberated.
CONSENSUS
By consensus, the City Council directed Staff to readvertise for the vacancy on the Puente Hills Habitat Preservation Authority Citizens Technical Advisory Committee.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
14.B. Preferential Parking Districts - Ordinance Update Direction Recommendation: Provide direction for updating the Preferential Parking District Ordinance.
Director Cason presented the report.
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The City Council considered the following 10 recommendations:
1. Shift the calendar to start in February.
2. Formalize a limit of 15 temporary parking permits per day.
3. Adjust and clarify the requirements to obtain a permit.
4. Require that new districts at a minimum encompass a block face.
5. Require a minimum of 75% of property owners or lawful lessees to dissolve a district.
6. Issue parking permit only after proof that all off-street parking is being utilized.
7. Require a parking utilization study.
8. Allow for the creation of mixed-use (residential and commercial) districts.
9. Implement a Grid System for the PPD Program.
10. Introduce a tiered price for permits.
City Manager Saeki, Chief Bar, and Director Cason answered questions regarding exceptions to the formalization of parking permit limits; age requirement for the permit application; car registration requirements; the current percentage requirement to form a district; and parking concerns on Midvale Drive.
CONSENSUS
By consensus, the City Council directed Staff to lower the age requirement from 18 to 16 (Item 3).
CONSENSUS
By consensus, the City Council directed Staff to keep the percentage of property owners or lawful lessees to dissolve a district at 67% (Item 5).
CONSENSUS
By consensus, the City Council directed City Manager Saeki and Chief Bar to discuss and present potential solutions to the parking concerns on Midvale Drive at a future meeting.
CONSENSUS
By consensus, the City Council directed Staff to incorporate Items 1-5 into the Preferential Parking Districts 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 Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes December 13, 2022 Page 11 of 11
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.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding the deadlines for implementation; CalRecycle retroactive violations; and compliance and enforcement of Senate Bill (SB) 1383.
CONSENSUS
The City Council directed Staff to continue negotiations with Republic Services and continue the public hearing to a date uncertain.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez discussed attending the Uptown Whittier Christmas Parade and the Whittier Police Department’s hard work.
Council Member Warner discussed attending the dinner at the Whittier Police Officer’s Association Golf Tournament; participating in the Uptown Whittier Christmas Parade; and the Whittier Police Department’s hard work.
Council Member Dutra discussed the Whittier Police Department’s hard work; the Distinguished Budget Presentation award by the Government Finance Officers’ Association; the Gateway Cities Energy Action Award; the support he received for the Metro Gold Line East Extension; and thanked the Public Works Department.
Mayor Pro Tem Martinez congratulated Rick Hever for being installed on the Whittier City School Board; invited residents to attend the Whittier Holiday Celebration and Sing-along on Sunday, December 18, 2022, at the Vic Lopez auditorium (Whittier High School); thanked the Public Works Department; and discussed participating in the Uptown Whittier Christmas parade.
Mayor Vinatieri discussed participating the Uptown Whittier Christmas parade; the Whittier Police Department’s hard work; a ride along with the Los Angeles County Fire Department Station 28 Squad 28; invited residents to attend the Whittier Holiday Celebration and Sing-along; and wished everyone happy holidays.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:01 p.m.