MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JANUARY 10, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on January 10, 2023. 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
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the November 22 and December 13, 2022 Closed Session Minutes
3.B. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Two Cases
3.C. 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.D. 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.E. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Carmen Linda Gonzalez v. City of Whittier Court Case No. I 9STCVI 8244
3.F. 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.
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3.G. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Constance Brady v. The City of Whittier, a public entity; Charles “Chuck” Drylie, an individual; and Does 3-50, inclusive. Court Case No. 22STCV04425
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 6:39 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 Tem
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Richard D. Jones, City Attorney
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Warner 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, and would return later in the evening.
8. PRESENTATIONS
8.A. La Serna Boys’ Water Polo CIF-SS Division 2 Champions Mayor Vinatieri read a statement congratulating the La Serna Boys’ Water Polo Team for winning the CIF-SS Division 2 Championship.
Board President Jaime Lopez and Head Coach John Pringle read statements thanking the City of Whittier for their recognizing the Water Polo team’s championship and congratulating the boys for their win.
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Coach Pringle read the names of the boys on the Water Polo team and Mayor Vinatieri presented Certificates of Commendation to the head coach and the boys on the team.
The City Council congratulated the water polo team.
9. APPROVAL OF AGENDA
MOTION
Council Member 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:
Tony Cusumano; Tony Pint; Yenny Madrid; Albert Williams; Tim Nally; Kimberly Dandini; Ralph Ruedas; Isaiah Leslie Leon Savage; Dania Hazen; and Maggie Moe.
The following individuals provided teleconference public comments:
Mike Garabedian and D.K.
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. At the request of the City Council, Staff is proposing a new preferential parking district that will include Midvale and Bright Avenues that will come back at the next meeting.
2. City Council minutes are available on the City’s website.
3. Regarding the concerns about Santa Gertrudes that were brought up in a public comment, the City is waiting on approval from CalTrans.
4. The City has been an active participant in the conversations with Pico Rivera regarding the Greenway Trail West Extension and has an easement dedicated.
5. The project proposal for the Whittwood is in preliminary stages, and more community meetings will be held.
6. Draft Map proposals are still being accepted as part of the City’s redistricting process. More information is available at www.citvofwhittier.org/census.
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7. At the request of the City Council, staff has been actively preparing an informational program on the fentanyl epidemic. The Whittier Well-Being Initiative will go live next week.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to hear Item 13.B. before Item 13.A. The motion carried unanimously.
12. JOINT CONSENT CALENDAR
MOTION
Council Member Dutra and Council Member Martinez seconded a motion to approve the Consent Calendar. 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 November 22 and December 13, 2022 Regular Meeting Minutes.
12.C. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2023-01, 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. 2022-100.
12.D. Quick Quack Car Wash
14300 Whittier Boulevard
Development Review Permit No. DRP22-0040;
Conditional Use Permit No. CUP22-0010;
Tentative Parcel Map No. TPM22-0008 (TPM83974)
Recommendation: Receive and file the Planning Commission Action approving Development Review Project No. DRP22-0040, Conditional Use Permit No. CUP22-0010, and Tentative Parcel Map No. TPM22-0008 (TPM83974), an application to make changes to a car wash business and consolidation of parcels with conditions of approval located at 14300 Whittier Boulevard.
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12.E. Recognized Obligation Payment Schedule for July 1, 2023 through June 30, 2024
Recommendation: Adopt Resolution No. WRSA-23-01 approving a Recognized Obligation Payment Schedule for the fiscal year from July 1, 2023 through June 30, 2024, pursuant to Health and Safety Code Section 34177 and taking certain related actions.
I 2.F. Whittier Redevelopment Successor Agency Administrative Budget for July 1, 2023 through June 30, 2024
Recommendation: Adopt Resolution No. WRSA-23-02 approving the Whittier Redevelopment Successor Agency Administrative Budget for the fiscal year from July 1, 2023 through June 30, 2024, pursuant to the Health and Safety Code Section 34177(j) and taking certain other related actions.
12.G. Legal Contract Services
Recommendation: Authorize the City Manager to enter into an agreement with Irell & Manella LLP for specialized legal services up to $150,000 for the anticipated scope of work.
12.H. 2022 Edward Byrne Memorial, Justice Assistance Grant Recommendation: Adopt Resolution No. 2023-02, amending the Fiscal Year 2022-23 budget to supplement appropriations for the 2022 Edward Byrne Memorial, Justice Assistance Grant.
12.1. Final Tract Map 82802 - 11716 Floral Drive
Recommendation: Approve Final Tract Map No. 82802 in substantial conformance and authorize the City Clerk, City Treasurer, Community Development Director, and City Engineer to sign on behalf of the City.
12.J. Solid Waste Franchise Audit - Request for Qualifications Recommendation: Approve and authorize staff to advertise for qualifications for the solid waste franchise audit.
12K. Whittier Senior Center Renovation Project — Award of Contract Recommendation:
1) Award the construction contract to Monet Construction, Inc., in the amount of $3,970,910 for the Whittier Senior Center Addition & Renovation Project;
2) Waive a minor bid irregularity;
3) Reject all other bids;
4) Approve $397,091 in contingency for the Whittier Senior Center Addition & Renovation Project subject to the approval of the City Manager; 5) Adopt Resolution No. 2023-03 amending FY 2022-23 budget in the amount of $3,907,171 in supplemental funds to be allocated for the construction of the Whittier Senior Center Addition & Renovation Project; and
6) Authorize the City Manager to execute a construction contract on behalf of the City.
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13. PUBLIC HEARINGS
13.B. Preferential Parking Districts — First Reading of Ordinance Update Recommendation:
1) Introduce and conduct first reading of Ordinance No. 3144 amending Chapter 10.18 of the Municipal Code regarding the Preferential Parking Program and rescinding Ordinance No. 2997 as amended by Ordinance No. 2999;
2) Adopt Resolution No. 2023-04, establishing Preferential Parking District No. I boundaries and rescinding Resolution No. 2021-04; 3) Adopt Resolution No. 2023-05, establishing Preferential Parking District No. 3 boundaries and rescinding Resolution No. 8730; and 4) Adopt Resolution No. 2023-06, establishing Preferential Parking District No. 4 boundaries and rescinding Resolution No. 9009.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding the addition of Midvale and Bright Avenues; daily permit limits and exceptions; maximum number of permits per household; the definition of block faces; percentage of households required to establish a preferential parking district (PPD); and the consideration of businesses in the establishment of PPDs.
Council Member Warner indicated she has received various emails from residents regarding this matter.
Mayor Vinatieri opened the public hearing.
The following individuals provided live public comments:
Tony Pint; Yenny Madrid; and Tony Cusumano.
David Avaron 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.
Director Cason answered questions regarding properties on the corner of streets and block faces.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
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MOTION
Council Member Martinez moved and Mayor Pro Tem Martinez seconded a motion to (1) introduce and conduct first reading of Ordinance No.3144 amending Chapter 10.18 of the Municipal Code regarding the Preferential Parking Program and rescinding Ordinance No. 2997 as amended by Ordinance No. 2999; (2) adopt Resolution No. 2023-04, establishing Preferential Parking District No. I boundaries and rescinding Resolution No. 2021-04; (3) adopt Resolution No. 2023-05, establishing Preferential Parking District No. 3 boundaries and rescinding Resolution No. 8730; and (4) adopt Resolution No. 2023-06, establishing Preferential Parking District No. 4 boundaries and rescinding Resolution No. 9009. The question was called and the motion carried unanimously.
CONSENSUS
By consensus, the City Council directed Staff to bring back an item to create a new parking district on Midvale Avenue; an item to add Bright Avenue from Cam illa Street to first alley south of Cam illa Street and both sides of Orange Drive from Newlin Avenue to first alley west of Newlin Avenue to Preferential Parking District No. 1; and an item regarding criteria on what a trip generator entails with the understanding that any future requests for additions to or creations of PPDs will be postponed until the determination of what a trip generator is has been made.
RECESS
Mayor Vinatieri called a recess and the City Council returned to Closed Session.
The meeting reconvened with all Council Members present. City Attorney Jones indicated there was nothing to report out of Closed Session.
13.A. New Restaurant with a Drive-Thru
15175 Whittier Boulevard
Development Review Permit No. DRP22-0015
Conditional Use Permit No. CUP22-0005
Recommendation: Conduct a de novo public hearing; and direct staff to prepare a resolution reflecting the City Council’s consensus on Development Review No. DRP22-0015 and Conditional Use Permit No.
CUP22-0005, an application to allow the use of a drive-thru service window for a new restaurant and site modifications at 15175 Whittier Boulevard.
Director Pongetti presented the report. City Manager Saeki, City Attorney Jones, Director Pongetti, and Director Cason answered questions regarding the parameters of City Council’s authority to approve Conditional Use Permits; results of the transportation assessment; entrances and exits for the proposed queue; traffic impacts resulting from this project and the La Serna Townhome project; the accumulated projects list; dedicated left-hand turn lanes; the restaurant’s proposed hours of operation; mitigation efforts on Whittier Boulevard and Colima Avenue; and the Planning Commission concerns.
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Council Member Warner indicated she received various emails on this matter, but she did not respond to them.
Council Member Dutra indicated he spoke with the applicant.
Mayor Pro Tern Martinez indicated she spoke with the applicant.
Mayor Vinatieri indicated he spoke with the applicant and received various ernails on this matter.
Mayor Vinatieri opened the public hearing.
Rodney Rivani, owner, discussed the timeline for the project; concerns from the Planning Commission; the trip generation study findings; the noise study; proposed modifications to the building’s façade; the proposed site circulation plan; hours of operation; average drive-thru queuing times; electrical upgrades and electric vehicle (EV) charging stations.
Casey Mahoney and Brian Cox provided live public comments in favor of the project.
D.K. and Stephanie Vallejo provided public teleconference comments in opposition to the project.
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.
Mr. Rivani discussed traffic congestion generated by queuing and EV charging stations.
Charlene So, from Urban Crossroads, answered questions regarding the project’s impacts on traffic at different intersections; on-site traffic circulation; consideration of additional surrounding traffic hot spots; emergency vehicle traffic; and dates when the traffic study was conducted.
Mr. Rivani answered a question regarding pedestrian entry into the restaurant.
Director Pongetti answered questions regarding building setbacks for the townhome project on La Serna; square footage of proposed project; EV stations; and nearby school start times.
Director Cason answered questions regarding entrance into the queues; the potential blocking of parking stalls; and potential traffic obstructions on La Serna Drive.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
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MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to uphold the Planning Commission’s decision to deny Development Review No.
DRP22-0015 and Conditional Use Permit No. CUP22-0005, an application to allow the use of a drive-thru service window for a new restaurant and site modifications at 15175 Whittier Boulevard, and directed Staff to prepare a resolution with the findings for denying the projecting. The question was and the motion carried 4-1, Mayor Pro Tern Martinez dissenting
14. STAFF REPORTS
14.A. Liability Update
Recommendation: Receive a report on the California Insurance Pool Authority, and provide direction as necessary.
This item was moved to a future meeting.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner asked Council Members if they would support bringing a future agenda item with a traffic analysis along La Serna and Janine Drives.
There was a consensus. Council Member Warner also congratulated Council Member Dutra.
Council Member Martinez thanked the Public Works Department for helping keep the City clean.
Council Member Dutra congratulated his son on his recent engagement; wished residents a Happy New Year; discussed a regional trust fund for affordable housing and thanked City Manager Saeki for his hard work on the project; and indicated that in December the Metro Board approved the Washington Boulevard Locally Preferred Initiative (LPA).
16. ADJOURNMENT - In Memory of Donald E. “Bill” Wood
Mayor Vinatieri read a biography of Donald E. “Bill” Wood and discussed his ties and contributions to the Whittier Community.
The City Council offered personal anecdotes and extended condolences to the family of Mr. Wood.
Mayor Vinatieri adjourned the meeting at 11:19 p.m.