MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JANUARY 24, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on January 24, 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
Susan Cameron submitted correspondence on Item 3.C.
3. CLOSED SESSION
3.A. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
One Case
3.B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Represented and Unrepresented Employee: Whittier City Employees’ Association, Whittier Police Officers’ Association, Whittier Police Management Association, and unrepresented employees
3.C. 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
3.D. Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Manager
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: 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
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
Aviv Bar, Chief of Police
Yolanda Martinez, Director of Human Resource/Risk Management
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Martinez led the Pledge of Allegiance.
Mayor Vinatieri asked for a moment of silence for the victims of Monterey Park and San Mateo County.
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 return later in the evening.
8. PRESENTATIONS
8.A. Police Department Updates
Chief Bar presented updates on reported Part I crimes in 2022; phone calls handled by dispatch center; patrol division calls for service; average response time to emergency and non-emergency calls; reduced injury traffic collisions; violent crime suppression; licensing plate reading cameras; and the Mental Health Evaluation Team; and graffiti crimes.
Chief Bar answered questions regarding the effects of County and State directives on local police work; challenges to recruitment; school outreach efforts: Mental Health Evaluation Team staffing levels; and youth crime levels.
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9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Agenda. The motion carried unanimously.
City Manager Saeki indicated there was an issue with the online live stream through the City’s website. City Clerk Garcia confirmed this issue would not affect the people who wish to provide public comment over Zoom.
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. Public comments relative to the public hearing will be heard at the time of the hearing.
The following individuals provided live public comments:
Gwen Woirhaye; Bianca Lareto; Sherri Edwards; Justin Tipton; Maggie Moe; Steven Goldman; Scott Kalassay; and Ralph Ruedas.
The following individuals provided teleconference public comments.
Susan Cameron; Sean Thomsen; and Stephanie Vallejo.
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. Item 12.E. is Consent Calendar item to approve a resolution denying the drive thru restaurant project based on the direction given by the City Council.
2. The City of Whittier has held numerous public hearings and open meetings regarding the annexation of Whittier Boulevard, but some discussions involving negotiations must remain in closed session.
12. JOINT CONSENT CALENDAR
Mayor Vinatieri recused himself from Item 12.Q. due to owning a business on Greenleaf Avenue.
Council Member Dutra recused himself from Item 12.1. since his wife sits on the Board of Historical Societies.
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MOTION
Council Member Dutra and Council Member Martinez seconded a motion to approve the Consent Calendar noting Mayor Vinatieri’s recusal on Item 12.Q. and Council Member Dutra’s recusal on Item 12.1. 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 December 27, 2022 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Veronica Mojica, Oscar Tadeo, Loretta Ventura, Rene Mendez, Ernest Tillman, Yessica Gonzalez, Jason Zuhlke, Jenny Garcia, and Luis Meza.
12.D. Second Reading of Ordinance No. 3144— Preferential Parking Districts Recommendation: Conduct the second reading and adopt 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.
12.E. New Restaurant with a Drive-Thru- 15175 Whittier Boulevard Appeal Planning No. APL22-0001 for
Development Review Permit No. DRP22-0015
Conditional Use Permit No. CUP22-0005
Recommendation: Adopt Resolution No. 2023-07, determining that the California Environmental Quality Act (CEQA) does not apply to projects in which a public agency rejects or disapproves in accordance with Section 15270 of the CEQA guidelines, and no further Environmental Review is required and denying Development Review No. DRP22-0015 and Conditional Use Permit No. CUP22-0005 to allow the use of a drive-thru service window for a new restaurant (D.B.A. Taco Bell) located at 15175 Whittier Boulevard (Al N 8224-017-013).
12.F. Mills Act Agreement (Hunter)
13542 Starbuck Street
Mills Act Agreement No. MAA22-0002
Recommendation: Accept the Historic Resources Commission’s recommendation to approve a Mills Act Agreement, and;
1) Find that this project is categorically exempt pursuant to Class 31, Section 15331 of the California Environmental Quality Act guidelines; Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes January 24, 2023 Page 5 of 9
2) Adopt Resolution No. 2023-08, approving Mills Act Agreement No.
MAA22-0002 to approve a Mills Act Agreement with the property owner of 13542 Starbuck Street; and
3) Authorize the Mayor to sign the Mills Act contract.
12.G. Public Works Staffing Update
Recommendation: Approve organizational changes in the Public Works Department and adopt Resolution No. 2023-09 adopting the 2022-23 Salary resolution and rescinding Resolution No. 2022-61.
12.H. Friends Book Sale Center Lease Renewal
Recommendation: Approve and authorize the City Manager to sign and execute the renewal of the lease for the Friends Book Sale Center located at 6703 Comstock Avenue.
12.1. Service Agreement between the City of Whittier and Whittier Historical Society
Recommendation: Approve and authorize the City Manager to execute a service agreement between the City of Whittier and Whittier Historical Society.
12.J. 2023 Urban and Multibenefit Drought Relief Grant — Adoption of a Resolution
Recommendation: Adopt Resolution No. WUA-2023-01 authorizing the grant application, acceptance, and execution for the Whittier Drought Resiliency Project; accept and execute agreements; and related documentation to the Department of Water Resources (DWR) for the Urban and Multibenefit Drought Relief Grant for the Whittier Drought Resiliency Project.
12.K. Beverly Boulevard TSSP — Los Angeles County Cooperative Agreement
Recommendation: Authorize the City Manager to execute a Cooperative Agreement with the County of Los Angeles in the amount of $698,900 for traffic signal improvements on Beverly Boulevard from Pioneer Boulevard to Pickering Avenue for the City’s share of the Beverly Boulevard Traffic Signal Synchronization Project.
12.L. Central Library Renovation & Expansion Project — Notice of Completion
Recommendation:
1) Accept the work performed by the following contractors for the Central Library Renovation & Expansion Project and authorize the City Clerk to file the Notice of Completion on behalf of the City:
BP # 02 Miller Environmental, Inc.
BP # 03 KAR Construction, Inc.
BP # 04 Schroeder Iron Corporation
BP # 06 Best Contracting Services, Inc.
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BP # 07 Elite Glass Enterprises, Inc.
BP # 08 Standard Drywall, Inc.
BP # 09 Reliable Floor Covering, Inc.
BP # 10 Continental Marble & Tile Company
BP # 11 GDL Best Contractors, Inc.
BP # 12 Caliba, Inc.
BP # 13 Daart Engineering Company, Inc.
BP # 14 Pro-Craft Construction, Inc.
BP # 15 ACH Mechanical Contractors, Inc.
BP # 16 AJ Kirkwood & Associates
2) Adopt Resolution No. 2023-10, amending the Fiscal Year 2022-23 budget to appropriate funding for the Central Library Improvement and Remodel Project.
12.M. Marshall R. Bowen Pumping Plant Lease
Recommendation: Approve the Lease Agreement with Steven Lopez of A & R Nursery for growing nursery stock at the Marshall R. Bowen Pumping Plant and authorize the Executive Director to sign the Lease Agreement on behalf of the Whittier Utility Authority (WUA).
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12.N. Preferential Parking District Expansion
Recommendation:
1) Adopt Resolution No. 2023-11 establishing Preferential Parking District No. 5 to include the 13900 block of Midvale Drive and parking restriction applicable thereto and
2) Adopt Resolution No. 2023-12 approving the expansion of Preferential Parking District No. I to include both sides of Bright Avenue from Camilla Street to first alley south of Camilla Street and both sides of Orange Drive from Newlin Avenue to first alley west of Newlin Avenue and parking restriction applicable thereto and rescinding Resolution No. 2023-04.
12.0. Stormwater and Runoff Pollution Control Code Update Recommendation: Introduce and conduct first reading of Ordinance No. 3145, amending Title 8 (Health and Safety), Chapter 8.36 (Stormwater and Runoff Pollution Control) of the Whittier Municipal Code to bring the City into compliance with current operations and regulations consistent with the Clean Water Act and supplementary to the municipal National Pollutant Discharge Elimination System (N PDES).
12.P. Sunset Water Main Replacement — Notice of Completion Recommendation: Accept the work performed by Williams Pipeline Contractors, Inc. for the Sunset Water Main Replacement project and authorize the Secretary to file the Notice of Completion on behalf of the Whittier Utility Authority (WUA).
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12.Q. Extend Promenade Encroachment Permits 90 Days
Recommendation: Extend for 90 days the Temporary Outdoor Dining encroachment permits along Greenleaf and in the Uptown Core (expiring May 1, 2023).
13. PUBLIC HEARINGS
13.A. 2020 US Census Redistricting Public Hearing No. 3 - Draft Map Proposals
Recommendation: Conduct Public Hearing No. 3 to consider new and received testimony on the 2020 US Census data/maps, review proposed map submittals, and provide direction as appropriate.
City Clerk Garcia presented the report.
Dr. Justin Levitt discussed the timeline of previous meetings; community engagement; deadlines for submitting draft maps; redistricting rules and goals; the consultant’s minimal changes map; and three public maps.
Dr. Levitt answered questions regarding the consideration of future population growth; the importance of straight lines when drawing districts; and potential population deviation caused by new boundaries.
Mayor Vinatieri opened the public hearing.
There were no live or teleconference public comments.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
CONSENSUS
By consensus, the City Council directed Staff to bring back the Current Map and Public Map 2 as the two focus maps and to send a citywide mailer informing residents of the public hearing to discuss the two maps.
RECESS
Mayor Vinatieri called a recess, and the City Council went into Closed Session.
The meeting reconvened with all Council Members present. City Attorney Jones indicated there was nothing to report out of Closed Session.
14. STAFF REPORTS
14.A. Liability Update
Recommendation: Receive a report on the California Insurance Pool Authority, and provide direction as necessary.
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Director Martinez presented the report. City Manager Saeki, City Attorney Jones r and Director Martinez answered questions regarding the City’s operating budget; access to excess insurance; the City’s deductible for each incident; reasons for liability increases; factors considered when assessing risks; the city’s risk assessment percentage and composite exposure; and time frame for implementing changes to policies and procedures.
Janet Kaiser, California Insurance Pool Authority (CIPA), discussed the difficulty of finding carriers to underwrite public agencies and the City of Whittier’s composite exposure.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to receive and file the report on the California Insurance Pool Authority and to direct Staff to review policies and procedures that affect future catastrophic claims, including polices affecting tree related claims. The question was called and the motion carried unanimously.
14.B. Whittier Well-Being Initiative
Recommendation: Receive a report on the proposed Whittier Well-Being Initiative and provide direction as appropriate.
Assistant City Manager DeLong presented the report and answered questions regarding collaborations with nearby schools and Narcan availability.
The City Council deliberated.
CONSENSUS
By consensus, the City Council received and filed the report on the proposed Whittier Well-Being Initiative and directed staff to return with regular updates.
14.C. City of Whittier Project List for Calendar Year 2023 Recommendation: Receive and file the project list for calendar year 2023, as adopted in 2020 City Council Strategic Plan.
City Manager Saeki presented the report.
The City Council deliberated.
CONSENSUS
By consensus, the City Council directed Staff to bring back a report on the potential creation of subcommittees regarding Fire Station 17, education liaisons with school districts, and state legislation.
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15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner expressed condolences to the family of Fran Shields on the passing of her husband and to the family of Eileen Bigelow.
Council Member Martinez expressed his gratitude to the City of Whittier employees for their hard work; and discussed his recent conference in Sacramento.
Council Member Dutra expressed condolences to Fran Shields and her family on the passing of her husband.
Mayor Pro Tern Martinez expressed condolences to Fran Shields and her family on the passing of her husband and to the family of Robert Orozco; and discussed her recent conference in Sacramento.
16. ADJOURNMENT in memory of Michael Ross Shields
Mayor Vinatieri read a biography of Michael Ross Shields and discussed his ties and contributions to the Whittier Community.
Mayor Vinatieri adjourned the meeting at 10:00 p.m.