MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MARCH 28, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on March 28, 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
D.K. provided public comment on Item 3.D.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the February 28, 2023 Closed Session Minutes
3.B. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Three Cases
3.C. 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.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 Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Jesse Garcia v. City of Whittier, Workers Compensation Claim No. 602919
3.F. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Jeffrey Robert v. City of Whittier, Workers Compensation Claim No. 590225 Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 2 of 9
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:32 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
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Aviv Bar, Chief of Police
Erin Hamilton, Community Services Manager
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
Assistant City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Relay for Life La Mirada - Whittier Plaque of Appreciation Kate Abode, Rose Barraza and Linda Cooke from La Mirada invited the public to attend the Whittier-La Mirada Replay for Life Event on September 30, 2023; thanked the City of Whittier for their many years of support; and presented the City of Whittier with a plaque of appreciation.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Agenda. The motion carried unanimously.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 3 of 9
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; Marilyn Avila; Gilbert Lopez; Alexis Quetzalorrogas; Nicholas Monterosso; Anthony Mercado; Luz; Inspector Javert; Lina Tundru; Raj Israelian; Christian lsraelian; Patricia Lopez; Rodolfo; and Maggie Moe.
The following individuals provided teleconference public comments:
D.K.; Hannah Avalos; and Gia Carolyn Park.
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
There was no report.
12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Item 12.1. for individual consideration.
Council Member Warner pulled Item 12.J. for individual consideration.
MOTION
Council Member Dutra and Council Member Warner seconded a motion to approve the Consent Calendar, with the exception of Items 12.1. and 12.J. 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 February 28, 2023 Special and Regular City Council Meeting Minutes.
12.C. City Branding Initiative
Recommendation: Authorize the City Manager to execute a Professional Services Agreement with RSM Design for a citywide branding initiative, for a fee not to exceed $137,500 and establish a City Branding ad hoc committee.
12.D. City Net - Three Month Extension of Services
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 4 of 9
Recommendation: Authorize a three-month extension to Agreement No.
A21-119 with City Net for $43,000 for outreach and case management services through June 30, 2023.
12.E. Whittier Well-Being Initiative - Monthly Status Report Recommendation: Receive and file the monthly status report for the Whittier Well-Being Initiative.
12.F. Accessory Dwelling Unit (ADU) Pre-approved Construction Plans - Professional Services Agreement
Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with Design Studio Path to provide design services related to pre-approved construction plans for a fee not to exceed $47,650; and adopt Resolution No. 2023-24, amending the Fiscal Year 2022-23 budget with a supplemental appropriation for expenditure of $47,650 in funds for Accessory Dwelling Unit (ADU) pre-approved construction plans.
12.G. Meter Reading Services — Alexander Contract Services - Professional Services Agreement
Recommendation: Approve and authorize the Executive Director to execute a Professional Services Agreement substantially in the form provided with Alexander’s Contract Services (ACS) to provide meter reading services for a fee not to exceed $85,200.
12.H. Alleys North of Hadley between Pickering and Friends Sewer Main Replacement Project Phase 2 - Notice Inviting Bids
Recommendation:
1) Find the project is categorically exempt from CEQA pursuant to Section 15301, Class I (Existing Facilities) and Class 2 (Replacement or Reconstruction);
2) Approve the plans and specifications for the Alleys North of Hadley between Pickering and Friends Sewer Main Replacement Project Phase 2; and
3) Authorize the Secretary to advertise the project for construction bids.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 5 of 9
12.K. Republic Services - Amendment No. 2 Franchise Agreement for Solid Waste and Recycling Services
Recommendation:
1) Introduce and conduct first reading of Ordinance No. 3140 finding 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 to add language to comply with Short-Lived Climate Pollutant Regulations (SB 1383).
2) Set a public hearing at the regular City Council meeting to be held on April 11, 2023, in the City Council Chamber at City Hall at 6:00 p.m. or as soon thereafter as the matter can be heard.
The following items were pulled for individual consideration:
12.1. Metro Hot Spots - Whittier Boulevard at Santa Fe Springs Road Intersection Improvement Project - Notice Inviting Bids Recommendation: Approve the plans and specifications for the Metro Hot Spots - Whittier Boulevard at Santa Fe Springs Road Intersection Improvement Project consistent with a previously adopted Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the project and authorize the City Clerk to advertise for construction bids.
Director Cason presented the report and answered questions regarding data collected by previous studies conducted by Metro; the environmental impact report; the negative mitigated declaration; future changes in traffic flow; car emissions; safety concerns; bike lanes; changes to sidewalks; ADA improvements; the lane schematic for the 5-Points intersection; the funding source for the project; traffic analysis service levels; line of sight issues and the retaining wall on the Greenway Trail; and emergency vehicle access.
Chief Bar answered a question regarding traffic and safety concerns.
The City Council deliberated.
MOTION
Council Member Martinez and Mayor Pro Tern Martinez seconded a motion to approve the plans and specifications for the Metro Hot Spots - Whittier Boulevard at Santa Fe Springs Road Intersection Improvement Project consistent with a previously adopted Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the project and authorize the City Clerk to advertise for construction bids. The question was called and the motion carried unanimously.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 6 of 9
12.J. Engineering Design Services for Michigan, Kennedy, & Guirado Park Improvements Project — Professional Services Agreement — Award of Contract
Recommendation: Adopt Resolution No. 2023-25 adding a supplemental appropriation of $217,605 to the Fiscal Year 2022-2023 Budget for the Michigan, Kennedy, & Guirado Park Improvements Project and authorize the City Manager to execute a Professional Services Agreement with Tait & Associates, Inc. for the preparation of civil design plans for a fee not to exceed $217,605.
City Manager Saeki answered questions regarding the Parks Master Plan and the proposed changes to each park.
The City Council deliberated.
MOTION
Council Member Warner and Council Member Dutra seconded a motion to adopt Resolution No. 2023-25 adding a supplemental appropriation of $217,605 to the Fiscal Year 2022-2023 Budget for the Michigan, Kennedy, & Guirado Park Improvements Project and authorize the City Manager to execute a Professional Services Agreement with Tait & Associates, Inc. for the preparation of civil design plans for a fee not to exceed $217,605. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Member present.
13. PUBLIC HEARINGS
13.A. Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance Zoning Code Amendment No. ZCA22-0002 and CEQA exemption
Recommendation:
1) Introduce and conduct the first reading of Ordinance No. 3147 as recommended by the Planning Commission approving Zoning Code Amendment No. ZCA22-0002 to comply with new state laws pertaining to accessory dwelling units and junior accessory dwelling units and to find such amendments to be categorically and statutorily exempt from the California Environmental Quality Act (CEQA); and
2) Provide direction to staff to circulate a Request for Proposal (RFP) and coordinate with other utilities to prepare a citywide study to evaluate the existing sewer and water capacities.
Director Pongetti presented the report. City Manager Saeki, Assistant City Attorney Collins, Director Pongetti and Director Cason answered questions regarding Accessory Dwelling Units (ADU5) counting toward Regional Housing Needs Assessment (RHNA) allocations; business license requirements; parking Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 7 of 9
standards; front setbacks; upgrading infrastructure requirements; evaluations of existing deficiencies sewer and water lines; existing accessory structures and their footage; review processes timeline; number of ADUs permitted; fire flow requirements; LA County Fire Standards; building fees for JADUs and ADU5; and state mandates.
Mayor Vinatieri opened the public hearing
Christian lsraelian and Rick Tang provided live 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.
Director Pongetti answered a question regarding the provision requiring a “cooling off period.”
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to 1) introduce and conduct the first reading of an amended Ordinance No. 3147 as recommended by the Planning Commission approving Zoning Code Amendment No. ZCA22-0002 to comply with new state laws pertaining to accessory dwelling units and junior accessory dwelling units and to find such amendments to be categorically and statutorily exempt from the California Environmental Quality Act (CEQA); and 2) directed Staff to circulate a Request for Proposal (RFP) and coordinate with other utilities to prepare a citywide study to evaluate the existing sewer and water capacities. The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.A. Social Services Grant Funding
Recommendation: Approve the FY 2022-23 Social Services Grant Funding Allocations.
Manager Hamilton presented the report. City Manager Saeki and Manager Hamilton answered questions regarding the determination of Whittier resident status and future updates to the allocation formula.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the FY 2022-23 Social Services Grant Funding Allocations. The question was called and the motion carried unanimously.
14.B. Liability Update
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 8 of 9
Recommendation: Receive an update on liability-related policies and procedures as requested by the California Insurance Pool Authority and provide direction as necessary.
Director Martinez presented the report. City Manager Saeki and Director Martinez answered questions regarding increases in the City’s liability exposure; potential consequences of failing to comply with California Insurance Pool Authority (CIPA) recommendations; alternative carriers; recommendations from the excess insurance carrier; timeline of implementing recommendations.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to receive an update on liability-related policies and procedures as requested by the California Insurance Pool Authority and directed Staff to assess the Parkway Tree Manual and provide the City Council with periodic progress updates. The motion carried unanimously.
14.C. Options for City’s Regulation of Short-Term Residential Rentals Recommendation: Receive and file information regulating options for shortterm residential rentals and provide direction to staff as necessary.
Director Pongetti presented the report.
The City Council considered the following options:
1. An out-right ban of short-term rentals (STRs) throughout the City.
2. Allow only a certain number of STR5 by requiring a permit/license and enforcing new sets of regulars.
3. Allow STRs by right, subject to the existing or enhanced code regulations.
City Manager Saeki, Assistant City Attorney Collins, Director Pongetti, and Chief Bar answered questions regarding the most used option; current ordinance addressing STRs; criteria for selecting which STRs get approved; safety concerns with existing STRs; nature of complaints of existing STRs; community input in approval of STRs; transient occupancy tax (TOT); and business license requirements.
The City Council deliberated.
CONSENSUS
By consensus, the City Council directed staff to explore best practices for Option 2, Option 3, and a hybrid of both.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner thanked Staff for hosting the groundbreaking event for the Senior Center renovations.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 28, 2023 Page 9 of 9
Council Member Martinez thanked all City of Whittier employees for their hard work.
Council Member Dutra thanked Staff for their work on the Senior Center Renovation project; informed residents about upcoming repairs and modifications coming to the 605 Freeway; and indicated the Metro Goldline was approved in December of 2022 to extend to Whittier and the project will be completed in phases.
Mayor Pro Tern Martinez discussed the groundbreaking event at the Senior Center; thanked Staff for their hard work; expressed concerns over short term rentals; and discussed the National Day of Prayer.
Mayor Vinatieri invited residents to the Mayor’s Prayer Breakfast event on April 7, 2023; and discussed being a panelist at Claremont McKenna College regarding housing; and wished everyone a great Easter.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:03 p.m.
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